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Ordinance 1974-55 (E-AU-9) ORDINANCE NUMBER- AN ORDINANCE AMENDING ORDINANCE NUMBER GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS BE IT ORDAINED BY THE THE MAYOR AND COUNCIL of the City of the United City of the Village of Yorkville Kendall County, Illinois as follows: SECTION 1. That Section 6 of Ordinance Number passed on February 13 , 19 64 , and effective on March 11 19-6-4, be and hereby is amended to read as follows: 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, sixteen ( 16 ) individual line business telephones for business of the Municipality only. Said telephones shall be installed in such places within the Muni- cipality 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, without 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 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 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 and 6 of said ordinance, 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, alley or public way to be va- cated. SECTION 3. All other terms and provisions of said ordinance are to remain in full force and effect as provided therein. SEC'T'ION 4. 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__ _'��day of '/�T ir�� A. D. 192 . r - City Clerk APPROVED this day of A. D. 19-27L// i Mayor STATE OF ILLINOIS ) COUNTY OF KENDA L ) SS CITY OF THE UNTTED C:TTV 0 THE ) VILLAGE OF YORKVILLE I. _,�/ai�>)E 71 V City Clerk of the_ City of the UnitPd City of the Village of York 111p, Kendall County, Illinois, do hereby certify that I am the keeper of the ordinances of said Municipality; and that the above and foregoing is a true, correct and complete copy of Ordinance Number passed by the Council of said Municipality on the ��2f rr day of .r 4r't_�f2z,,it2 v A. D. 19 2��, and approved by the Mayor thereof on the g'4 day of A. D. 19 iE , as appears from the records of said Municipality. IN WITNESS WBEREOF, I have hereunto set my hand as City Clerk of said Municipality and have hereunto affixed the seal thereof this -a day of A1-�Lrez., VA") A. D. 192-. C:i v Clerk