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HomeMy WebLinkAboutS-903 l,ounc L L-1Id I I d�,,UL r VLW V.L LTVVC L L LLLLCLL L_ Regular Council Meeting vlar meeting of the Council of the City of Elgin, Illinois was held Wednesday, Aber 23, 1968 at 7:30 P.M. in the Court Room at the City Hall. Mayor Alft called meeting to order and roll call was answered by Councilmen Barber, Rauschenberger, :anni, Tillery, and Mayor Alft. Absent: None. ;f members present: Bolerjack, Abbott, Shales , Hansen, Uecker, D. Jepson, Martin, I :, VanDeVoorde, Malm. invocation was given by Reverend Dean E. Dalrymple of the First Congregational .-ch. Ordinance Passed Amending Ordinance No. S-598, Granting to the Illinois Bell Telephone Company Certain Rights in the City of Elgin Corporation Counsel explained in detail the purpose of the amendment to Ordinance 5-598 which was passed by the City Council in 1957. The new ordinance provides City with a larger telephone allowance. At the present time, the City receives )usiness telephones but will receive 129 telephones for the first one year period �r the new agreement. In addition to the 129 telephones, the Telephone Company Ithen provide one telephone per year to the City for each 250 telephones by :h the number of telephones in service within the City exceeds 32,250. ther change in the ordinance provides that the City will not vacate any street. �y or public way in which the Company has its structures installed without re- ✓ing the easement rights of the Company in and to the street or alley to be. ited. The Corporation Counsel stated that the City has always followed this :edure with the Telephone Company and other utility companies . d oilman Tillery made a motion, seconded by Councilman Santanni, to pass Ordinal—, S-903. Yeas: Councilmen Rauschenberger, Santanni, Tillery, and Mayor Alft.. None. Abstained: Councilman Barber . Ordinance No. S-903 AN ORDINANCE AMENDING ORDINANCE NUMBER 5-598, GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, IJ� SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE CITY OF ELGIN, COOK AND KANE COUNTIES, ILLINOIS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6 of Ordinance No. 5-598, passed on September 26, 7' effective on October 28, 1957, be and hereby is amended to read as follcws: Section 6. So long as the Company exercises and enjoys the rights granted to reunder, it will furnish to the Municipality, free it he � 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 it 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 ha,.=e any other local flat rate business exchange service or facilities from eQuest r time to time offered by the Company to its subscribers in the tele- `unties phone exchange in which the Municipality is located, to the extent South that the aggregate value of all telephone service and facilities so furnished hereunder, based upon the Company's lawful charges llding, from time to time in effect therefor to said subscribers, does not )i0,00; a exceed the value, on the same basis , of said individual line busi- ,nitary ness telephones. "Local flat rate exchange service," as used in Sidewalk. this section, shall not be construed to include any extended area is grant' service abailable to subscribers under an optional schedule. No liability shall attach to the Company with respect to the furnish- :wilding ing of said service or facilities , or on account of any failure or ;;ate bu interruption of said service or facilities, except that the Company .owever, will restore such service and facilities promptly upon receipt of lffl notice of such interruption or failure. jaived. ;aived Section 2. That said ordinance be further amended by adding thereto tht :ode enf following provision to be designated as Section 12 thereof: yayor A l Section 12. So long as the Company exercised the rights granted from th( to it hereunder and so long as the Municipality shall receive the nemoran, considerations therefore as recited in Sections 5, 6 and 13 hereof, pith a the Municipality will not, by ordinance or otherwise, vacate any City ca i street, alley or public way in which the Company has its structures installed without reserving the easement rights of the Company in buildin and to the street or alley to be vacated. Counci] 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, Arequi hereof, the Company will furnish one hundred and twenty-nine (129) contro individual line business telephones during the first one year viding period of this ordinance. As of the beginning of the second and each succeeding one year period hereof, the Company shall deter- Mr. Ja mine the number of its telephones within the corporate limits of per for the Municipality. During each of these succeeding one year peri- appro); ods , one telephone, in addition to the number provided during the ins pec first one year period, will be furnished to the Municipality for each two hundred and fifty (250) telephones by which the number Counc: of telephones in service within the Municipality exceeds 32,250. the C, licen Section 4. All other terms and provisions of said ordinance are to remain in the S full force and effect as provided therein. Alft. Section 5. This ordinance shall be in full force upon receipt, by the Clerkc1 the Municipality, of Illinois Bell Telephone Company's written and unconditional e ceptance of all of the provisions of this ordinance executed by its proper officer; thereunto duly authorized, under the corporate seal of the Company, and attested Counc