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HomeMy WebLinkAboutOrdinances - n/a - 07/01/1907 - Spring Grove Telephone Company179 , (l) SPRING GROVR TELEPHONE CO. AN ORDINANCE TO THE SPRING GROVE TELEPHONE COI:"PANY THE RIGHT TO ERECT AND MAINTAIN POLES AND WIRES IN THIS VILLAGE OF YCHENRY, ILLINOIS. Be it ordained by the village president and board of trustees of t village of McHenry; Section 1. 5hat the following party to -wit,- Spring Grove Telephone Company, its successors,assigns, is hereby granted the right to erect, i_ construct and.-maintainupon, along or under the streets, public and publi r. w-ays of the villageof McHenry, linesof. poles ,wires , cables and conduits necessary for supplying to such citizens, of A* the village of McHenry as may contract therefor and the public communication by telephone or other improved electrical device; the location and manner of constructing ,:such lines of poles, wires, cables and conduits, to be subject to the approval of the committee on streets and alleys of said village. Provided however, that all of said poles shall be straight and sightly and shall placed in line, and shall be so placed, that they shall not interfere with the proper use of the streets, alleys or public wAys,.,and said poles wires,cables and conduits, shall be so erected and placed as not to inter fere with any of the property of individuals, or water pipes or mains nc laid, and no trees shall be trimmed or cut, or the branches thereof trir or cut by the said Spring Grove Telephone Company, assigns or employees, without the consent of the owner of the upon which such trees nay be situated, and no trees standing in, or along said streets, of said will shall be trimmed or cut or the branches cut or trimmedin the constructio 0 ( 2 ) of said line without the consent of the owners of the lots of land adjoini that portion of said street where said trees may stand; and in case of bringing, to grade or change of grade of any street, public alley or public way, along which said Spring Grove Telephone Conpany-or assigns nay have erected or placed poles, wires, said Spring Grove Telephone Company shall to change sane structures and wires, so as to conforn,,such grade. SECTION 2. i,.. This grant shall not be emculsive and the said village. McHenry shall have the right to grant the same right and character to of companies or individuals, and the said village further reserves the right to pass any ordinance or regulation.that it may have the power to do at ar1_ time hereafter any act concerning the manner of use and occupation of saidhighways, not destructive to the rights herein granted. SECTION 3. In consideration of the rights hereby granted to the 1 Spring Grove Telephone Company the said Spring Grove Telephone Company, succers and assigns agrees to furnish to the citizens of the village o_� McHenry, upon their applications, certain telephones and to keep then i' repair, each one complete and in a working order at all tines, each tele- phone to be so placed as suggested by the applicants therefor, at a rate of Ong Dollar per month for each telephone complete on an eight party selective line or One Dollar and Twenty -Five cents per month for each telephone complete on a four party selective line, or One Dollar and Fifty cents per month for each telephone on single party lines. SECTION 4. This grant is upon the express condition that should t said Spring Grove Telephone Company, successors or assigns, at any time ka ( 3 ) cease the use said poles , lines or wires, or any part thereof, and the sane or any part thereof, shall not be used for aperiod of three consecu months, the said Spring Grove Telephone Conpany, successors and assigns, shall upon resolution of the village board of trustees to that effect, remove such poles, lines or wires as It has so ceased to use within thir, days after the notice of the passage of such resolution, and their fail u to do so, shall forfeit all right to the ownership or use of such poles lines or wires, to such village, and the village Board of trustees of village nay cause such poles, lines or ,,,Tires, so forfeited, to be inmedi- atly removed and shall not be liable in damages for such removal. SECTION 5. This ordinance shall be in force, from and afterits passa and the filing thereof, in the office of'the clerk of the village of McHenry, a written acceptance of its provisions, by the said Spring Gro Telephone Company shall be executed under seal by village of VcHenry .'h within thirty days from the passage hereof, the same to continue in force, until A. D. 1932, or Twenty-five Years ffon this date or until 9 forfeiture for nonuser, in any way of any of the rights or franchises granted herein for a period of three consecutive months, and may be so declared void after such period of nonuser of any of the rights granted herein, for that date and upann resolution passed by -the board of trust„ of said village to that effect. The above ordinance passed July 1,1907. Approved /DULY 1,1907. Peter J. Freund, Attest: Village president. /ohn �,toffel ,clerk i A