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