S-130 - 04/25/1967 - AGREEMENT - Ordinances (E-AU-8A)
ORDINANCE NUMBER S-13 0 ,
AN ORDINANCE AMENDING ORDINANCE NUMBER GRANTING
TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES,
SUCCESSORS AND ASSIGNS. CERTAIN RIGHTS IN THE
VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS
PRESIDENT AND BOARD OF TRUSTEES of the
BE IT ORDAINED BY THE Oi1PA('F County, Illinois as
VILLAGE of OAK BROOK
follows:
SECTION 1. That Section 6 of Ordinance Number S_2 1f passed on
_rune 19 July 20 19 0 be and hereby
and effective on >
1 is amended to read as follows: (and S-58 passed on February 12 , 1963)
SECTION 6. So long as the Company exercises and enjoys the rights
granted to it hereunder, it will furnish to the Municipality, free
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
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 cf 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 tele-
phone 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 busi-
ness 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 furnish-
ing 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.
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 the Company exercises the rights granted
to it hereunder and so long as the Municipality shall receive the
considerations therefor as recited in Sections 5, 6 and 13 hereof,
the Municipality will not, by ordinance or otherwise, vacate any
street, alley 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.
P
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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,
hereof, the Company will furnish thirty-four ( 34 )
individual line business telephones during the first one year period
of this ordinance. As of the beginning of the second and each suc-
ceeding one year period hereof, the Company shall determine the num-
ber of its telephones within the corporate limits of the Municipal-
ity. During each of these succeeding one year periods , one tele-
phone, in addition to the number provided during the first one year
period, will be furnished to the Municipality for each
seven hundred and fifty (750 ) telephones by which the number of
telephones in service within the Municipality exceeds 5-500 ,
until the number of such telephones reaches 10,000 and telephones
furnished to the Municipality number a total of forty (40) . There-
after , under the aforesaid terms and conditions, the Company will
furnish one additional telephone for each two hundred and fifty
(250) telephones by which the number of telephones in service within
the Municipality exceeds 10 ,000.
SECTION 4. All other terms and provisions of said ordinance are to remain in full
force and effect as provided therein.
SECTION 5. This ordinance shall be in full force upon receipt, by the Clerk of the
Municipality, of Illinois Bell Telephone Company's written and unconditional acceptance
of all of the provisions of this ordinance executed by its proper officers thereunto
duly authorized, under the corporate seal of the Company, and attested by its Secretary
or Assistant Secretary.
PASSED this 25th day of April A. D. 19 67 .
i e erk
APPROVED this day of ° if A. D. 19"
resident
STATE OF ILLINOIS DUPAGE ) SS
COUNTY OF
ITLi.AGE OF QAK RR 7n )
I I Village Clerk of the Villages_
of Oak Brook op _ —County, Illinois, do hereby
certify that I am the keeper of the ordinances of said Municipality; and hat3 the above
and foregoing is a true, correct and complete copy of Ordinance Number L t
passed by the Board of Trustees —
day said Municipality on the
day of Anril uA. D. 19 67 , and approved by the President
thereof on theme—day of Apri L A. D. 19_67 , as appears from
the records of said Municipality.
IN WITNESS WHEREOF, I have hereunto set my hand as VilImp Clerk of
said Municipality and have hereunto affixed the seal thereof this t day of
Apri L A. D. 19_67
Jl I I a ge Clerk