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