HomeMy WebLinkAboutT-1187 AMZI,LNA,.AI.V 1\'1J1V11J1"sl1 LJ—J7V rXILOO A1.J WIN L.O,
1957, ENTITLED "AN ORDINANCE GRANTING TO THE ILLINOIS BELL
TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS,
CERTAIN RIGHTS IN THE CITY OF ELGIN, KANE AND COOK COUNTIES,
;.j,LINOIS. "
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That Section 6 of Ordinance No. S-598, passed on
September 26, 1957, and effective on October 28, 1957, be and hereby
is amended to read as follows.
Section 6. So long as said Company exercises and enjoys f.
the rights granted to it hereunder, it will furnish to the
Municipality, free of charge, ninety-nine (99) individual
line business telephones for business of the Municipality
only. 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
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usual form. The Company, without charge and when directed
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by resolution of the 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 said 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 to time offered by the Company
to its subscribers in the telephone 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 business
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 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 facilities promptly upon receipt of notice of such
interruption or failure.
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227 June 27, 1963 VOLUME XXVIII
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 said Company exercises the rights
granted to it hereunder and so long as the Municipality
shall recei-Ve the considerations therefor as recited in
Sections 5 and 6.of said Ordinance, the Municipality will
not, by ordinance or otherwise, vacate any street, alley t
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. All other terms and provisions of said Ordinance are to
remain in full force and effect as provided therein.
Section 4. This ordinance shall be in full force and effect thirty
(30) days from the time of its passage by the Council of the Municipality
and upon the filing with the Clerk thereof, by the Illinois Bell Telephone
Company, of its written and unconditional acceptance of all the provisions
of this ordinance, executed by its proper officers thereunto duly authorized,
under the corporate seal of said Company, and attested by its Secretary
or Assistant Secretary; provided, however, that if within thirty (30) days
of the date of passage of this ordinance by the Council of the Municipality
there be filed a petition, signed by the electors of said Municipality equal
in number to at least ten percentum of the entire vote cast for all
candidates for Mayor at the last election in which such officer was voted
for, protesting against the passage of said ordinance, the effective date
of this ordinance shall be suspended until such time as the question of the
adoption of this ordinance shall be submitted to the electors of the
Municipality at a general or special election, called for that purpose, and
until a majority of the qualified electors voting on the adoption of this
ordinance shall vote in favor thereof.
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Clyde L. Shales, Mayor
Presented. June 13, 1963
Passed: June 27, 1963
Vote: Yeas 4 Nays 0
Recorded: June 27, 1963
Published-. June 27, 1963
Attest:
Myrtle E—Spiegler, City Clerk