G65-84 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, 1 957, and as amended by Ordinances T-1187 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 I, 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 1 , 1 984; $0.288 per Access Line per month for the calendar year
1985; and $0.320 per Access Line per month for the calendar year 1 986
(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 I , 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 by the 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
E