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Home My WebLink AboutG65-84 Certified State of Illinois County of Kane ss Certificate of City Clerk City of Elgin 1, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of Ordinance No. G65-84 entitled An Ordinance Amending Ordinance Number S-598, as Amended, Granting to the Illinois Bell Telephone Company, Its Lessees, Successors and Assigns, Certain Rights in the City of Elgin, Cook and Kane Counties, Illinois the original of which is entrusted to my care for safe keeping. In Witness'Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this 27th day of December 19 84 City Jerk. (SEAL) • • R.4 - • Ordinance No. G65-84 AN ORDINANCE AMENDING ORDINANCE NUMBER S-598, AS AMENDED, GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, 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, COOK AND KANE COUNTIES, ILLINOIS: Section I. That Section I of Ordinance Number S-598 passed on September 26, 1957 and approved September 26, 1957, and as amended by Ordinances T-I 187 and S-903, be and is amended by adding the following: The term of the franchise granted shall be for the period 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 within the Municipality: $0.256 per Access Line per month for the calendar year 1984, retroactive to January I , 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 Company's serving central office that provides customer access to the dial network for placing and receiving 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 disconecting from such corporate boundaries and agrees to provide to the Company an accurate 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 (hereinafter "Illinois Municipalities") of 48.0 million for the calendar year 1984, ($9 million for the calendar year 1985 and $10 million for the calendar year 1986 (herein- after "Agreed Franchise Payments"). If the Company's actual annual franchise payments to all, Illinois Municipalities, whether paid or accrued, • 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 Company's Access Lines within all Illinois Municipalities in such month and then either added to or deducted from the Access Line Value for said month of January. There- after, the Access Line value specified in the first paragraph of this Section shall be used for each succeeding month in such calendar year. Company shall, within forty-five (45) days of the effective date of this Ordinance, make an appropriate adjustment between payments to which Municipality is entitled under this Ordinance and payment that Municipality is entitled to or has received under a prior Interim Agreement dated December 30, 1983 for the period commencing January I , 1984. 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 Municipalty, 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 substan- tiate, 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 execu- tive officer of the Municipality, shall move within the same premises the customer premises wire associates with each Access Line provided to the Municipality bythe Company, provided that not more than one such change of location in any one year per Access Line shall be made by the Company without expense to the Municipality. "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, exclu- sive 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 13 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 authorized, under the corporate seal fo the Company, and attested by its Secretary or Assistant Secretary. • s/ Richard L. Verbic Richard L. Verbic, Mayor • • Presented: December 17, 1984 Passed: December 17 , 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/Marie Yearman Marie Yearman, City Clerk I JAN 1419n5 * I Illinois Bell The Honorable Richard L. Verbic AN AMEPJTEC,,COMPANY Mayor of the City of Elgin, Illinois 225 West Randolph Street Chicago,Illinois 60606 Members of the City Council : On behalf of the Illinois Bell Telephone Company, I am happy to accept unconditionally the provisions of an Ordinance, Number G65-84, entitled "An Ordinance Amending Ordinance Number S-598, Granting To. The Illinois Bell Telephone Company, Its Lessees, Successors and Assigns, Certain Rights In The City of Elgin, Cook & Kane Counties, Illinois." This ordinance was passed by the City Council of Elgin on December 27, 1984, and approved by the Mayor thereof on the same day. We sincerely appreciate your help in working out the arrangement. Yours very truly, ILLINOIS BELL TELEPHONE COMPANY /411xee. f ' - Vice Preside - Operatns ATTEST: J Jad 7 Assistant Secretary STATE OF ILLINOIS COUNTIES OF Cook & Kane I, O,c,_,__, ,�A,�, City Clerk of the City of Elgin, Cook & Kane Counties, Illinois, dolereby 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 t ue, correct and complete copy of a certain document filed in my office on the day of -�tiup\a , A.D. 19 E . IN WITNESS WHEREOF, I have hereunto set my hand a,§ City Clerk of said City, and have hereunto affixed the seal of said City this j -day of v A2ct , A.D. 19 City lerk