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HomeMy WebLinkAboutOrdinances - O-73-55 - 01/02/1973 - AUTHORIZE ILL BELL TELEPHONE FRANCHISE(E-AU-8) 0-73-6s ORDINANCE NUMBER , AN ORDINANCE AMENDING ORDINANCE NUMBER ' GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE CITY OF MC HENRY, MC HENRY COUNTY, ILLINOIS BE IT ORDAINED BY THE — COUNCIL of the CITY of MC HENRY MC HENRY County, Illinois as follows: SECTION 1. That Section 6 of Ordinance Number , passed on APR77. 21 , 19_52—, and effective on JUNE 3 19_ 52 . be and hereby mended to read as follows: 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, with- out charge and when directed by resolution of the governing body of the Municipality, shall change the location of any of said tele- phones, 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 governing body of the Municipality may elect, by resolution, to have any other local flat rate business exchange service or facilities from time totime offered by the Company to its subscribers in the tele- phone exchange in which the Municipality 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 busi- ness 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 furnish- ing 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 2. That said ordinance be further amended by adding thereto the following provision to be designated as Section 12 thereof: SECTION 12. 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 easement rights of the Company in and to the street or alley to be vacated. r SECTION 3. That said ordinance be further amended by adding thereto the following provision to be designated as Section 13 hereof: SECTION 13. Under the terms and conditions stipulated in Section 1, hereof, the Company will furnish twenty-nine ( 29 ) individual line business telephones during the first five year period of this ordinance. As of the beginning of the second and each succeeding five year period hereof, the Company shall deter- mine the number of its telephones within the corporate limits of the Municipality. During each of these succeeding five year peri- ods, one telephone, in addition to the number provided during the first five year period, will be furnished to the Municipality for each five hundred seven (507 ) telephones by which the number of telephones in service within the Municipality exceeds. 4,419 SECTION 4. All other terms and provisions of said ordinance are to remain in full force and effect as provided therein. SECTION 5. This ordinance shall be in full force upon receipt, by the Clerk of the Municipality, of Illinois Bell Telephone Company's written and unconditiopal 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. PASSED this day of d H ���%� y A. D. 19 l CITY CLERK APPROVED this day A. D. 19 . of �-� STATE OF ILLINOIS ) COUNTY OF Mr. HENRY ) SS rTTY OF MC uR ) I —"- 9e.4 rTTY Clerk of the rTTY of Mr RRNgY Mr uvKmy County, Illinois, do hereby certify that I am the keeper of the ordinances of said Municipality; ant e above and foregoing is a true, correct and complete copy of Ordinance Number of said Municipality on he %Z passed by t� day of &--D. 19 and approved by thereof on the 2 1 lay of IK , A. D. 19 as appears from the records of said Municipality. IN SS WHEREOF, I have hereunto set my hand as CITY Clerk of said icipa it and have hereunt ffixed the seal thereof this day of c�F�/ A. D. 19 .TTY _Clerk