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HomeMy WebLinkAboutG100-85 Ordinance No. G100-85 AN ORDINANCE GRANTING CERTAIN RIGHTS TO AMERICAN DISTRICT TELEGRAPH COMPANY FOR THE INSTALLATION AND MAINTENANCE OF AN ALARM CONTROL SYSTEM BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That American District Telegraph Company, of Illinois, with its offices at 205 North York Road, Elmhurst, Illinois (hereinafter referred to as ADT) is hereby granted an exclusive license to install and maintain an ADT 2016 Alarm Monitor- ing System with a capaciity of 1000 circuits. Section 2. That the system herein authorized shall be substantially as depicted in Exhibit A attached hereto and made a part hereof by reference. Section 3. That ADT shall be solely responsible for the installation and mainte- nance of the alarm system in a safe and proper working order and shall repair or correct any defect or malfunction to the system promptly upon receipt of notice from the City of Elgin of any defect or malfunction. The City of Elgin, its officers, agents and employees, shall not be responsible for any maintenance or repair to the system and shall not undertake such maintenance or repair. Section 4. That the City of Elgin shall be responsible for monitoring the system and for dispatching personnel in response to alarms received on the system. Section 5. That ADT shall convert existing circuits to the alarm monitoring system without cost to the subscriber. Section 6. That ADT shall install and maintain equipment approved by Under- writers' Laboratories, Inc. including the following: One (I) ADT 2016 Alarm Monitoring Board One (I) Standby Power Supply Section 7. That ADT shall reserve all necessary alarms/circuits for use by the - City of Elgin at no charge. Section 8. That ADT shall furnish maintenance service as described above on a 24 hour, seven day a week schedule. Section 9. That installation charges and monthly service charges shall be in accordance with the following: Installation Fee: $75.00 per circuit Subscriber Rate: $11.50 per month except that no charge shall be made to the City of Elgin Section 10. That telephone line current requirements shall be in reverse polarity mode and each subscriber or applicable security company shall provide any necessary equipment. In the event that ADT furnishes and installs the required relay, subscribers shall be charged a fee at the prevailing rate but not to exceed $250. Any Illinois Bell 41/41411) Telephone Wire facility charges shall be the responsibility of the subscriber. Section 11. That within 30 days following the close of each three month period ADT shall pay to the City of Elgin the sum of seven dollars ($7.00) for each month for each subscriber during the preceding three month period, other than the;City of Elgin. Section 12. That other than with respect to claims, demands, suits, damages, judgments, costs or expenses arising from the performance or nonper=foEmance by the City, of its responsibilities under Section 4 hereof, ADT shall, at its own expense, defend all claims, demands or suits resulting from the use or maintenance of the,tilarm monitor- ing system herein authorized and ADT shall agree to save and hold harry!ess the City from any and all claims, demands or suits and from any and all damages, judgments, costs and expenses of any kind which may arise from the use or maintenance of the alarm monitoring system herein authorized. ADT is self-insured, up to : an?.amount' of $2,000,000. In addition thereto, ADT will name the City of Elgin as additional insured on a policy in the amount of $5,000,000 in excess of the self-insurance .retention. Said policy shall be filed and maintained with the City Clerk. This section shalt not apply to connections furnished for use of the City of Elgin without charge as provided in Section 7 thereof. Section 13. That within 30 days following the passage of this ordinance, ADT shall accept the terms of the franchise granted herein by filing with the City Clerk an unconditional acceptance thereof, duly executed in the manner provided by law; said franchise shall not be assignable without the consent of the corporate authorities of the City of Elgin. Section 14. That this ordinance shall be in full force and effect from and after the date of filing by ADT of its unconditional written acceptance of this ordinance with the City Clerk. Section 15. That the franchise herein granted to ADT shall continue for a period of five years beginning January I, 1986; that thereafter it shall be renewed automatically for successive terms of one year, unless either party shall terminate the same by giving the other party written notice of its intent to terminate not less than 180 days prior to the end of the same term. Section 16. That ordinance G36-79 passed May 9, 1979 as amended by Ordinance G3-80, passed January 9, 1980, be and are hereby repealed. Section 17. That this ordinance shall be in full force and effect from and after January I, 1986. s/ Richard L. Verbic Presented: December 9, 1985 Richard L. Verbic, Mayor Passed: December 9, 1985 Vote: Yeas 4 Nays 0 Recorded: Published: Attest: sj Marie Yearman Marie Yearman, City Clerk