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(E-7) <br />Ordinance No. 67 <br />AN ORDINANCE GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, <br />SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE <br />VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS <br />BE IT ORDAINED BY THE PRESIDENT AND BOARD 0r' TRUSTEES OF THE <br />VILLAGE OF ELK GROVE VILLAGE, COOK COIJNTY, ILLINOIS <br />as follows: <br />SECTION 1. That the ILLINOIS BELL TELEPHONE COMPANY, its lessees, successors and <br />assigns, are hereby granted the right to construct, erect, renew, maintain and operate in, upon, along, across, <br />under and over the streets, alleys and public ways of the said Village of Elk Grove Village <br />(hereinafter for convenience called the Municipality), lines of poles, anchors, wires, cables, conduits, vaults, <br />laterals and other fixtures and equipment, and to use the same for the transmission of sounds and signals <br />by means of electricity, and especially for the conduct of a general telephone business, for the period of <br />twentyy five (25) years from and after the effective date of this ordinance and thereafter until term- <br />inated by sixty (60 days' written notice, either by the Municipality to the Company, or by the Company <br />to the Municipality. <br />SECTION 2. The location and height above or the depth below the public thoroughfares of the <br />existing lines of poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures and equipment of <br />said Company within the Municipality are hereby approved, and the same shall be maintained and operated <br />under and subject to the provisions of this ordinance. Any change in or extension of any of said poles, <br />anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (herein referred to as <br />"structures"), or the construction of any additional structures, in, upon, along, across, under or over the <br />streets, alleys and public ways of the Municipality shall be made under the direction of the Commissioner <br />of Streets and Public Improvements of the Municipality, or such officer as may be designated from <br />time to time by the governing body of the Municipality for that purpose, who shall, if the proposed change, <br />extension or construction conforms to the provisions hereof, issue written permits therefor. The height <br />above public thoroughfares of all aerial wires and cables hereafter constructed shall conform to the require- <br />ments of the Illinois Commerce Commission or other regulatory body having jurisdiction thereof. All <br />structures hereafter installed shall be so placed, and all work in connection with such installation shall be <br />so performed as not to interfere unreasonably with ordinary travel on the highways of the Municipality <br />or with any municipal water or sewer pipes then in place, and in case of bringing to grade or change of <br />grade, or change of width of any street or alley, said Company, provided it is notified thereof in writing at <br />least thirty (30) days prior to the commencement thereof, shall change its structures so as to conform <br />thereto, except where such change of grade or the width of any street or alley is made in connection with <br />the rearrangement, separation or alteration of railroad crossings or is incident to any such rearrangement, <br />separation or alteration. The tops of all vaults constructed by said Compatly within the Municipality shall <br />present an even surface with the pavement at the point where laid, and, subject to the exception contained <br />in the last preceding sentence, shall be lowered or raised by said Company to conform to the top of paving <br />or improvement as required by the governing body of the Municipality whenever the grade of the street or <br />alley in which any such vault is located may be at any time hereafter lowered or raised. <br />SECTION 3. Said Company, after doing any excavating, shall leave the surface of the ground in a <br />neatly graded condition. All sidewalks, parkways or pavements disturbed by said Company shall be re- <br />stored by it to as good condition as before said sidewalk, parkway or pavement was disturbed by it, and in <br />the event that any such sidewalk, parkway or pavement shall become uneven, unsettled, or otherwise re- <br />quires repairing, because of such disturbance by the Company, then said Company, as soon as climatic <br />conditions will permit, shall, promptly, upon receipt of notice from the Municipality so to do, cause such <br />sidewalk, parkway or pavement to be repaired or restored to as good condition as before said sidewalk, <br />parkway or pavement was disturbed by said Company. Said Company shall keep all structures which it <br />shall construct by virtue of this ordinance, in a reasonably safe condition at all times, and shall maintain <br />such barriers and danger signals during the construction, repair or renewal work performed hereunder as <br />will reasonably avoid damage to life, limb and property. <br />SECTION 4. The said Company shall, at its own expense, defend all suits that may be brought <br />against the Municipality on account of or in connection with the violation by the Company of any of the <br />obligations hereby imposed upon or assumed by it, or by reason of or in connection with any damage to <br />life, limb or property as a result of any of the structures constructed by it under or by virtue of this ordi- <br />nance, and shall save and keep harmless the Municipality from any and all damages, judgments, costs and <br />expenses of every kind, that may arise by reason thereof; provided, that notice in writing shall be imme- <br />diately given to said Company of any claim or suit against the Municipality which, by the terms hereof, <br />the said Company shall be obligated to defend, or against which the Company has hereby agreed to save <br />and keep harmless the Municipality and provided further that the Municipality shall furnish to said Com- <br />pany all information in its possession relating to said claim or suit, and cooperate with said Company in <br />the defense of said claim or suit. The governing body of the Municipality may, if it so desires, assist in <br />defending any such claim or suit, but solely under the direction of the Company or its attorneys, and the <br />Company shall not be required to reimburse the Municipality for expenses incurred by it in case of the <br />election so to assist. <br />