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.
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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