|
SECTION 2. There is hereby given and granted to Ameren Illinois, its successors and
<br /> assigns (hereinafter referred to as the "Company"), the right, privilege, duty, responsibility and
<br /> authority to construct, operate, maintain and/or extend within the corporate limits, as the same now
<br /> exists or may hereafter be extended, of the City of Decatur (hereinafter referred to as
<br /> "Municipality"), an electric utility system for the transmission, distribution and/or sale of electric
<br /> energy (the "System"), together with the right, privilege, duty, responsibility and authority to
<br /> erect, construct, install, operate and/or maintain all poles, conductors, wires, cables, conduits,
<br /> equipment and/or other apparatus as may be necessary or convenient for the System, in, upon,
<br /> along, over, under, through and/or across each and all of the streets, avenues, alleys, bridges,
<br /> easements, rights of way and/or other public ways, subject to the conditions and regulations
<br /> hereinafter set forth.
<br /> SECTION 3. (a) All poles and other equipment placed or installed from the date this
<br /> Agreement is entered into and under this Agreement in streets, alleys, avenues and other public
<br /> places, shall be so placed as not to interfere unnecessarily with travel on such streets, alleys,
<br /> avenues and other public places. All poles and other equipment placed or installed under this
<br /> Agreement shall be so located as not to injure any pipes, conduits, sewers, drains, pavement or
<br /> other like public improvements, and said Company shall forthwith repair any damage caused to
<br /> such improvements and restore said improvements to as good a condition as existed prior to
<br /> undertaking any work. In default thereof said Municipality may repair such damage and charge
<br /> the cost thereof to, and collect the same from, the Company. All facilities of Company in said
<br /> Municipality shall be installed and maintained in accordance with the applicable rules and
<br /> regulations of the Illinois Commerce Commission.
<br /> (b) Company agrees to notify Municipality within one (1) business day of any lines,
<br /> vaults and any and all other facilities being placed within the Municipality's right of way.
<br /> (c) When any street, avenue, or other public facility or structure shall be graded, curbed,
<br /> paved or otherwise changed so as to make the resetting or relocation of any poles or other
<br /> equipment placed or installed under this Agreement necessary, the Company shall make such
<br /> resetting or relocation, at the Company's cost and expense. Municipality shall provide the
<br /> Company with a suitable location, on existing City owned, controlled or where the City has a
<br /> proprietary interest in property, for the resetting or relocation of such poles or other equipment,
<br /> and the Company's obligation shall be limited to resetting or relocating poles or other equipment
<br /> of the same type and configuration as the displaced poles or other equipment. Company shall
<br /> make such resetting or relocation within a reasonable time after receiving written notice of the
<br /> need for the same from the authorized representative of the Municipality, and the establishment
<br /> by the Municipality of the permanent grade at the new location. All abandoned poles shall be
<br /> removed as is practically reasonable. All poles shall be set in straight lines so far as possible, and
<br /> all overhead wires, conductors and cables shall, so far as possible, be kept at least eighteen (18)
<br /> feet above the level of the ground.
<br /> (d) In no instance shall installation, placement, construction or operation of Company's
<br /> equipment or facilities be in violation of the Americans with Disabilities Act("ADA")
<br /> 2
<br />
|