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HomeMy WebLinkAboutOrdinances - O-84-351 - 12/03/1984 - GRANT ILL BELL TELEPHONE CO RIGHTS IN CITYORDINANCE NUMBER 0-84-351 +MC - 67 AN ORDINANCE AMENDING ORDINANCE NUMBER (None) , GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE CTTY OF MrH .NRY. M H .NRY MINTY- ILLINOIS BE IT ORDAINED BY THE Mayor and City 'Council of the City of McHenry McHenry County, Illinois as follows: SECTION 1. That Section of Ordinance Number (None) passed on April 21 19 5� and approved April 21 , 19 52, be and hereby is amended by adding the following: The term of this Ordinance shall be for the period of three (3) years beginning January 1, 1984, and extending to December 31, 1986, and thereafter until terminated by sixty (60) days written notice, either by the Municipality to the Company, or by the Company to the Municipality. SECTION 2. That Section 6 of said Ordinance be and hereby is deleted in its entirety and is hereby amended to read as follows: Section 6 . So long as the Company exercises and enjoys the rights granted to it hereunder, it shall pay to the Municipality for each Access Line that the Company maintains and operates with- in the Municipality: $0.256 per Access Line per month for the calendar year 1984, retroactive to January 1, 1984; $0.288 per Access Line per month for the calendar year 1985; and $0.320 per Access Line per month for the calendar year 1986 (hereinafter "Access Line Value"); provided, however, that the amount paid in such years shall not be less than the payment that the Municipality is entitled to or has received under a prior Interim Agreement dated December 30, 1983 for the period commencing January 1, 1984, nor in any event shall the payments be less than the amounts the Municipality received either in cash or value of services rendered for the calendar year 1983. The Company shall make said payments on a monthly basis, due the last day of the succeeding calendar month. "Access Line" as used in this Section shall mean "the connecting facility between a customer's premises and the Com- pany's serving central office that provides customer access to the dial network for placing and receiv- ing calls" "Within the Municipality" means within the corporate boundaries of the city, village or incorporated town named in this Ordinance as recorded with the appropriate county recorder and as provided to the Company. Municipality agrees to notify the Company of any ordinances annexing to or disconnecting from such corporate boundaries and agrees to provide to the Company an ac- curate map of such changes showing, if available, street name and number detail. The Access Line Values specified in this Section are based upon aggregate franchise payments by the Company to all Illinois municipalities (except Chicago) within the Company's operating area (herein- after "Illinois Municipalities") of $8.0 million for the calendar year 1984, $9 million for the calendar year 1985 and $10 million for the calendar year 1986 (hereinafter "Agreed Franchise Payments"). If the Company's actual annual franchise payments to all Illinois Municipalities, whether paid or ac- crued, differ from said Agreed Franchise Payments, such difference in amount shall be adjusted in January of the succeeding year. Such difference in amount shall be divided by the number of the Com- pany's Access Lines within all Illinois Municipalities in such month and then either added to or de- ducted from the Access Line Value for said month of January. Thereafter, the Access Line value specified in the first paragraph of this Section shall be used for each succeeding month in such calen- dar year. Company shall, within forty-five (45) days of the effective date of this Ordinance, make an appropri- ate adjustment between payments to which Municipality is entitled under this Ordinance and pay- ment that Municipality is entitled to or has received under a prior Interim Agreement dated December 30, 1983 for the period commencing January 1, 1984. 1-2 Company agrees to provide annually, within a reasonable time from Municipality's request, the names, addresses and number of Access Lines for each of its customers within the Municipality, subject to Municipality's agreement not to disclose said information, which Municipality agrees shall be used solely for the purposes of verifying the number of Company's Access Lines within the Municipality. Company further agrees to substantiate, upon request the contents of such report and all records and other documents required for such verification shall, upon reasonable advance notice, be subject to inspection by the Municipality. The Company, without charge and when directed by the chief executive officer of the Municipality, shall move within the same premises the customer premises wire associated with each Access Line provided to the Municipality by the Company, provided that not more than one such change of loca- tion in any one year per Access Line shall be made by the Company without expense to the Munici- pality. "Customer premises wire" is defined as any wire beginning on the customer's side of the network interface or equivalent and ending at the registration jack or connecting block, exclusive of wiring associated with key or PBX systems and their serving terminals or main distribution frames. The provisions of this Section shall be renegotiated upon 30 days' written notice from one party to the other at any time on or after June 30, 1986. SECTION 3. That said Ordinance be further amended by deleting Section t 'A in its entirety. SECTION 4. All other terms and provisions of said Ordinance are to remain in full force and effect as provided therein. SECTION 5. This Amendatory Ordinance shall be in full force upon receipt, by the Clerk of the Municipality, of the Company's written and unconditional acceptance of all of the provisions of this Amendatory Ordinance executed by its proper officers thereunto duly 4uthorized, under the corporate seal of the Company, and attested by its Secretary or Assistant Secretary. AYES: Bolger, Busse, Datz, McClatchey, Nolan, Serritella„Smith, Snell NAYS: None PASSED this 3rd day of Dec % , A.D. 19 84 ABSENT: None atJZ /r. ABSTAINED: None NOT VOTING: None City Clerk APPROVED this 3rd day of December , A.D. 1984 Mayor STATE OF ILLINOIS ) SS COUNTY OF McHenry 1, Barbara E . Gilpin City Clerk of the City , of McHenry McHenry County, Illinois, do hereby certify that I am the keeper of the ordinances of said UIci ty; and that the above and foregoing is a true, cor- rect and complete copy of said Ordinance Number � �`t-� � passed by the Ci tY Counci I of said Municipality on the 3rd day of December , A.D. ISB , and approved by the Mayor thereof on the 3ra day of ecember , A.D. 19_, as appears from the records of said Municipality. IN WITNESS WHEREOF, I have hereunto set rr►►��y hands as City Clerk of said Municipality and have hereunto affixed the seal thereof this 4tn day of December ,�A.D. 19 84. i ty f Clerk ILLI;;CIC CCLL COPY January 29, 1973 Honorable Donald P. Doherty, Mayor and Members of the City Council of the City of McHenry McHenry, Illinois Gentlemen: On behalf of the Illinois Bell Telephone Company, I am happy to accept the provisions of "An Ordinance Granting to the Illinois Bell Telephone Company, its Lessees, Successors and Assigns, Certain Rights in the City of McHenry, McHenry County, Illinois." This ordinance was passed by the City Council of the City of McHenry and approved by.the Mayor on January 2, 1973. Yours very truly, ILL INOIS BELL TELEPHONE COMPANY Vice President ATTEST: Corporate Secretary STATE OF ILLINOIS ) COUNTY OF MC HENRY) SS CITY OF MC HENRY ) I, City Clerk of the City of McHenry, McHenry County, Illinois, do hereby certify that I am the keeper of the records, papers, entries, documents and ordinances of said City, and that the above and foregoing is a true, correct and complete copy of a certain document filed in my office on the day of f 1. A.D. 19/_ IN WITNESS WHEREOF, I have hereunto set my hand as City Clerk of said,,City, and have hereunto•affixed the seal of said City this day of A.D. 19 / City Clerk (E-AU-8) 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 MiC HI.:".Y, MC HENRY COL^.M, ILLINOIS BE IT ORDAINED BY THE COUNCIL of the CTTY of YC REt:KY HC HENRY County, Illinois as follows: SECTION 1. That Section 6 of Ordinance Number passed on AP RIL 21 , 19 52 , and effective on il141E 3 19_ 52 be and hereby is amended 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 Miunicipaiity 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 saiA 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 to time 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. SECTION 3. That said ordinance be further amended by adding thereto the provision to be designated as Section 13 hereof: SECTION 13. Under the terms and cond-itions stipulated in Section 1, hercuf, the Company will iurnisn G,r:nty-nine ( 29 j individual line business telephones durin,- the first five year period of this ordinance. As of the begirnirg 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 following 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 unconditional 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 / A. D. 19. / CITY CLERK _ APPROVED this day of �'¢�u'a'4` A. D. 19 . STATE OF ILLINOIS COUNTY OF 11C HFrtry ) Ss CITY OF inc HElu) I C_ /I " . �` . i1 � s � CITY Clerk of the CITY of ,;C ; 11 ply MC hrNRY _County, Illinois, do hereby certify that I am the keeper of the ordinances of said Municipality; and that the above and foregoing is a true, correct and complete copy of Ordinance Number�T passed by the CTW COUNCIL of said Municipality on/the day of ''�� •��� L-A. D. 1,9' and approved by the MAYOR thereof on the 1 day of -Z'1v_ liAl I A. D. 19 L-, as appears frofi the records of said Municipality. / IN WITNESS -WHEREOF, I have hereunto set my hand as CITY . i' Clerk of said Municipality and have hereunto affixed the seal thereof this day of 1 A. D. 19 r CITY Clerk City of McHenry McHenry County, Illinois Telephone concession privilege of an Ordinance passed on January 2, 1973 SECTION 6. So long as the Company exercises and enjoys the rights granted to it hereunder, it will furnish to the ►funicipality, free of charge, such number of individual line business telephones for business of the :funicipality 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. T►ie Company, Without charge and when directed by resolution of t►ie governing; body of the Municipality, shall change the location of any of said telephones, 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 with- out expense to the Ifunicipality. In lieu of all or some of said individual line business telephones, the governing body of the :funicipality may elect, by resolu- tion, to have any other local flat rate business exchange service or facilities from time to time offered by the Company to its subscribers in the telephone ex- change 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 Com- pany's lawful charges from time to tibie in effect therefor to said subscribers, does not exceed the value, on the same basis, of said individual line business telephones. "Local flat rate exciange service," as used in this section, shall not be construed to include any extended area service available to subscribers under an optional schedule. do liability shall attach to the Company with respect to the furnishing 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 facil- ities promptly upon receipt of notice of such interruption or failure. SECTIOI4 13. Under the terms and conditions stipulated in Section 1, hereof, the Company will furnish twenty-nine (29) individual line business telephones dur- ing 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 determine the number of its telephones within the corporate limits of the Municipality. Dur- ing eacii of these succeeding five year periods, one telephone, in addition to the number provided during; the first five year period, will be furnished to the Munic- ipality for each five hundred seven (50) telephones by which the number of tele- phones in service within the Hunicipality exceeds 4,419. uiu.Lriances or said City, and that the above and foregoing is a true, correct and complete copy of a certain document filed in my office on the t: - day of I' �,J. ka01.._; A.D. 19, IN WITNESS WHEREOF, I have hereunto set my hand as City Clerk of said,,City, and have hereunto * affixed the seal, of said City this day of / �.',,�r.r�.'✓ A.D. 19'/•J City Clerk