Ordinance 1980-03 _ (E-LA)
ORDINANCE NUMBER —d
AN ORDINANCE GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY,ITS LESSEES,
SUCCESSORS AND ASSIGNS,CERTAIN RIGHTS IN THE
United City of the Village of Yorkville,
Kendall County, Illinois
BE IT ORDAINED BY THE Mayor and the City Council of the United City of the
Village of Yorkville, Kendall County, Illinois
as follows:
SECTION 1. That the ILLINOIS BELL TELEPHONE COMPANY, (hereinafter called the Company),its lessees,
successors and assigns, are hereby granted the right to construct, erect, renew, maintain and operate in, upon, alon
across,under and over the streets,alleys and public ways of the United City of the Village of Yorkvi le
(hereinafter called the Municipality), lines of poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures
and equipment, and to use the same for the transmission of sounds and signals by means of electricity,and especially
for the conduct of a general telephone business.
SECTION 2. The location and height above or the depth below the public thoroughfares of the existing lines of
poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures and equipment of the Company within the
Municipality are hereby approved, and the same shall be maintained and operated under and subject to the provisions
of this ordinance. Any change in or extension of any of said poles, anchors, wires, cables, conduits,vaults,laterals or
other fixtures and equipment (herein referred to as "structures"), or the construction of any additional structures,in,
upon, along, across, under or over the streets, alleys and public ways of the Municipality shall be made under the
direction of the Chairman of the Committee on Streets and Alleys of the Municipality, or such officer as may be
designated from time to time by the governing body of the Municipality for that purpose, who shall, if the proposed
change, extension or construction conforms to the provisions hereof, issue written permits therefor.The height above
public thoroughfares of all aerial wires and cables hereafter constructed shall conform to the requirements of the
Illinois Commerce Commission or other regulatory body having jurisdiction thereof. All structures hereafter installed
shall be so placed, and all work in connection with such installation shall be so performed as not to interfere unreason-
ably with ordinary travel on the highways of the Municipality or with any municipal water or sewer pipes then in
place, and in case of bringing to grade or change of grade, or change of width of any street or alley, the Company,
provided it is notified thereof in writing at least thirty (30) days prior to the commencement thereof,shall change its
structures so as to conform thereto, except where such change of grade or the width of any street or alley is made in
connection with the rearrangement, separation or alteration of railroad crossings or is incident to any such rearrange-
ment, separation or alteration. The tops of all vaults constructed by the Company within the Municipality shall present
an even surface with the pavement at the point where laid,and,subject to the exception contained in the last preceding
sentence, shall be lowered or raised by the Company to conform to the top of paving or improvement as required by
the governing body of the Municipality whenever the grade of the street or alley in which any such vault is located may
be at any time hereafter lowered or raised.
SECTION 3. The Company, after doing any excavating, shall leave the surface of the ground in a neatly graded
condition. All sidewalks,parkways or pavements disturbed by the Company shall be restored by it to as good condition
as before said sidewalk, parkway or pavement was disturbed by it,and in the event that any such sidewalk,parkway or
pavement shall become uneven, unsettled, or otherwise requires repairing, because of such disturbance by the
Company, then the Company, as soon as climatic conditions will permit, shall,promptly,upon receipt of notice from
the Municipality so to do,cause such sidewalk,parkway or pavement to be repaired or restored to as good condition as
before said sidewalk, parkway or pavement was disturbed by the Company. The Company shall keep all structures
which it shall construct by virtue of this ordinance, in a reasonably safe condition at all times,and shall maintain such
barriers and danger signals during the construction, repair or renewal work performed hereunder as will reasonably
avoid damage to life,limb and property.
SECTION 4. The Company shall, at its own expense, defend all suits that may be brought against the Munici-
pality on account of or in connection with the violation by the Company of any of the obligations hereby imposed
upon or assumed by it, or by reason of or in connection with any damage to life,limb or property as a result of any of
the structures constructed by it under or by virtue of this ordinance,and shall save and keep harmless the Municipality
from any and all damages,judgments, costs and expenses of every kind, that may arise by reason thereof;provided,
that notice in writing shall be immediately given to the Company of any claim or suit against the Municipality which,
by the terms hereof, the Company shall be obligated to defend, or against which the Company has hereby agreed to
save and keep harmless the Municipality and provided further that the Municipality shall furnish to the Company all
information in its possession relating to said claim or suit, and cooperate with the Company in the defense of said
claim or suit. The governing body of the Municipality may, if it so desires, assist in defending any such claim or suit,
but solely under the direction of the Company or its attorneys, and the Company shall not be required to reimburse
the Municipality for expenses incurred by it in case of the election so to assist.
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SECTION 5. In consideration of the foregoing grant, while the Company is using any pole or poles erected or
maintained hereunder,it will permit the Municipality the use of space,if such space is not required for Company needs,
for attaching the Municipality's police and fire alarm signal wires, provided that the police and fire alarm system is
provided to the public without charge. Any such attachments are to be in accordance with specifications designated
by Company and all work will be performed by the Municipality at its expense, at the top of the space available for
the use of the Company on any of said poles, it being understood that the poles upon which space is permitted the
Municipality shall be considered, for the purpose of this agreement, as personal property; provided that such wires
shall be so placed and maintained by the Municipality that the use of the same will not interfere with the operation
and maintenance of the Company's equipment or its use of said poles. and provided further that a thirty (30) inch
climbing space shall be maintained between the pole pins on poles jointly used with another public utility. All such
police and fire alarm signal wires shall be attached and maintained under the direction and supervision of the Compa-
ny's authorized representatives and only in compliance with any rules for construction and maintenance of electric
power and communication lines as may be ordered by the Illinois Commerce Commission. The Municipality shall,
at its own expense, defend all claims, demands, or suits on account of any injury to life, limb or property that may
result by reason of or in connection with the presence, use, maintenance,erection or removal of the Municipality's
police and fire alarm signal wires and their appurtenances pursuant hereto, and hereby agrees to save and keep harm-
less the Company from any and all damages,judgments, costs and expenses of any kind which may arise by reason
thereof.
SECTION 6. So long as the Company exercises and enjoys the rights granted to it hereunder, it will furnish to
the Municipality, free of charge, such number of individual line business telephones for business of the Municipality
only, as is specified in Section 13 hereof. Said telephones shall be installed in such places within the Municipality as
the governing body thereof shall from time to time direct by resolution. Application therefor shall be made by the
Municipality on the Company's usual form. The Company, without charge and when directed by resolution of the
governing body of the Municipality, shall change the location of any of said telephones, provided that not more than
one such change of location in any one year of any telephone furnished hereunder shall be made by the Company
without expense to the Municipality. In lieu of all or some of said individual line business telephones, the govern-
ing body of the Municipality may elect, by resolution, to have any other local flat rate business exchange service or
facilities from time to time offered by the Company to its subscribers in the telephone exchange in which the Munici-
pality is located, to the extent that the aggregate value of all telephone service and facilities so furnished hereunder,
based upon the Company's lawful charges from time to time in effect therefor to said subscribers, does not exceed
the value, on the same basis, of said individual line business telephones. "Local flat rate exchange service,"as used in
this section, shall not be construed to include any extended area service available to subscribers under an optional
schedule. No liability shall attach to the Company with respect to the furnishing of said service or facilities, or on
account of any failure or interruption of said service or facilities, except that the Company will restore such service
and facilities promptly upon receipt of notice of such interruption or failure.
SECTION 7. The Company after five (5)days'written notice from the governing body of the Municipality to do
so, shall remove or raise or lower its structures temporarily to permit the moving of a building or any other object
along a highway, provided the benefited party or parties shall agree to pay the Company an amount equal to the
actual cost of effecting such temporary changes in its structures;and provided further that,pending the determination
of such actual cost, the benefited party or parties shall have deposited with the Company an amount equal to the cost
as estimated by the Company. Should any amount of such deposit remain unexpended,after deducting the actual cost
involved,said amount shall be returned to the party making the deposit.
SECTION 8. In case the Company shall fail or neglect to comply with any or all of the provisions of this ordi-
nance (unless by order of the Illinois Commerce Commission or of any other body, board, commission or court of
competent jurisdiction, the Company is otherwise directed, or unless compliance by the Company with such provision
is prohibited or adjudged unlawful by an order of the Illinois Commerce Commission or by an order of any other body,
board, commission or court of competent jurisdiction), the Municipality reserves the right to repeal this ordinance or
rescind this contract, and forfeit the rights hereby created or sought to be created, provided that no such repeal,
rescission or forfeiture shall exist or be claimed because of such failure or neglect,until written notice of such failure or
neglect so claimed shall have been given to the Company,and a reasonable opportunity afforded it to comply with the
provisions hereof or to prove that such compliance already exists.In the event that the Illinois Commerce Commission
or any other body, board, commission or court of competent jurisdiction shall adjudge any provision or provisions
hereof invalid or illegal, or direct a change by the Company in any matter or thing herein contained,such invalidity or
illegality or change shall in no way affect the remaining provisions of this ordinance, or their validity or legality,and
this ordinance in all other respects shall continue in full force and effect,as if said provision or provisions had not been
so adjudged invalid or illegal or such change directed.
SECTION 9. So long as the Company exercises the rights granted to it hereunder and so long as the Municipality
shall receive the considerations therefor as recited in Sections 5, 6 and 13, hereof, the Municipality will not, by
ordinance or otherwise,vacate any street,alley or public way in which the Company has its structures installed without
reserving the following easement rights: Illinois Bell Telephone Co., its successors and assigns, are granted the right to
construct,reconstruct,add to,remove,operate,and maintain communication systems consisting of such poles,anchors,
guys, wires, cables, conduits, terminals, manholes, and other fixtures as said Company may from time to time
require,together with the right of access to the same in aforesaid described vacated alley or street.
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SECTION 10. All grants, franchises, rights, licenses and privileges heretofore made or granted by the Munici-
pality by ordinance or otherwise to the Company and all rights of the Company under grants, franchises, rights,
licenses and privileges made by the Municipality to others from which the Company may have purchased any part of
its poles, lines, equipment or plant, are hereby revoked and repealed, it being the intention that this ordinance shall
contain all grants, franchises, rights, permits, licenses and privileges of the Company, and all obligations of the
Company in connection therewith and that the considerations as recited in Sections 5,6 and 13 shall be in lieu of any
and all other license, permit, inspection or occupancy fees for the erection, placing, maintenance and operation,
including opening and closing excavations in the streets, alleys and public ways,of the Company's facilities and equip-
ment in the Municipality.
SECTION 11. Whenever the word "Company" or the words "Illinois Bell Telephone Company"are used in this
ordinance, they shall be construed to mean the Illinois Bell Telephone Company, its lessees, successors and assigns,
and this ordinance shall be binding upon and inure to the benefit of the Company, its lessees, successors and assigns.
SECTION 12. This ordinance shall be in full force upon receipt, by the Clerk of the Municipality, of the
Company's written and unconditional acceptance of all of the provisions of this ordinance executed by its proper
officers thereunto duly authorized, under the corporate seal of the Company,and attested by its Secretary or Assistant
Secretary.
SECTION 13. Under the terms and conditions stipulated in Section 6, hereof, the Company will furnish
twenty-nine ( 29 )individual line business telephones during the first two
year period of this ordinance. As of the beginning of the second and each succeeding two year
period hereof, the Company shall determine the number of its telephones within the corporate limits of the
Municipality. During each of these succeeding two year periods,one telephone,in addition to
the number provided during the first two year period,will be furnished to the Municipality for each
five hundred seventeen ( 517 )telephones by which the number of telephones in service within
the Municipality exceeds 4,309 ,until the number of such telephones reaches 10,000 and
telephones furnished to the Municipality number a total of forty (40). Thereafter, under the aforesaid terms and
conditions, the Company will furnish one additional telephone for each two hundred and fifty (250) telephones by
which the number of telephones in service within the Municipality exceeds 10,000.
PASSED this 1,311L day oft i �� ,A.D. 19 '
yyy��City erk
APPROVED this_ Mrk day of CC-l Gf ,A.D. 191-1?U
Mayor
STATE OF ILLINOIS Kendall
COUNTY OF ) SS
City OF The United City nf the )
Village of Yorkville I, City Clerk of the City
of the Ini t . C ty of the Vi 11 agP nf, YOrkyill Kendall County,Illinois,do hereby
certify that I am the keeper of the ordinances of said Municipality; and that the above and foregoing is a true,correct
and complete copy of Ordinance Number 3-Q 0 passed by the City Council
of said Municipality on the /-etc day of 111 Arm ,A.D. 19-9LL_,and approved by the Maynr
thereof on the /.3/41 day of 11-C 0 ,A.D. 19,ft_,as appears from the records of
said Municipality.
IN WITNESS WHEREOF, I have hereunto seat my hand as Clerk of said Municipality and
have hereunto affixed the seal thereof this 1 a -day of -!_,A.D. 19_�.
City Clerk
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