92-54 AGREEMENT FOR USE OF THE PUBLIC WAY

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{ ; ' ' . f � '. ; � . AGREEMENT FOR USE OF THE PUBLIC WAY ORDINANCE # __C�-� AGREEMENT FOR USE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Decatur, Illinois SECTION 1. DURATION That the ILLINOIS BELL TELEPHONE COMPANY, (hereinafter referred to as"the Company"), its lessees, successors and assigns, are hereby granted the right to construct, erect, renew, maintain and operate in, upon, along, across, under and over the streets, alleys and public ways of the City of Decatur, Illinois (hereinafter referred to as"the Municipality'), lines of poles, anchors, wires, cables,conduits,vaults, laterals and fiber optics other fixtures and equipment, and to use the same for the transmission of sounds and signals by means of electricity or light, and especially for the conduct of a generaf telephone business for the period of ten (10)years from and after the effective date of this ordinance and thereafter until terminated by sixty(60)days written notice either by the Municipality to the Company, or by the Company to the Municipality.The provisions of this Agreement shall be renegotiated upon written notice from one party to the other at any time after July 1, 2000. Any new terms and conditions agreed to as a result of such renegotiation shall be effective upon the expiration of this Agreement in accordance with the terms contained herein unless the parties agree otherwise. SECTION 2. EXISTING FACILITIES; PERMIT REQUIREMENTS (a) Existing Facilities 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(hereinafter referred to as"structures"), 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 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 individual designated by the Municipality or such officer as may be designated from time-to-time by the governing body of the Municipality for that purpose, (hereinafter referred to as Municipal Telecommunications Representative or MTR). 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 unreasonably with ordinary travel on the highways of the Municipality or with any