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1984-071ORDINANCE NUMBER f +0- 68 -20, 0- 71 -12, 74 -12 84 -71 ` AN ORDINANCE AMENDING ORDINANCE NUMBER 0 -62 -11 , GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE VILLAGE OF BUFFALO GROVE, COOK COUNTY, ILLINOIS BE IT ORDAINED BY THE Village County, Illinois as follows: of President and Board of Trustees Buffalo Grove Cook & Lake of the 1 0 -62 -11 May 11 62 SECTION I. 1T1hat Section_ of Ordinance Number passed on 19 , and approved May , 19_ , be and hereby is amended by adding the following: The term of this Ordinance shall be for the period of three (3) years beginning January 1, 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 with- in the Municipality: $0.256 per Access Line per month for the calendar year 1984, retroactive to January 1, 1984; $0.288 per Access Line per month for the calendar year 1985; and $0.320 per Access Line per month for the calendar year 1986 (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 1, 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 Com- pany's serving central office that provides customer access to the dial network for placing and receiv- ing 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 disconnecting from such corporate boundaries and agrees to provide to the Company an ac- curate 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 (herein- after "Illinois Municipalities ") of $8.0 million for the calendar year 1984, $9 million for the calendar year 1985 and $10 million for the calendar year 1986 (hereinafter "Agreed Franchise Payments "). If the Company's actual annual franchise payments to all Illinois Municipalities, whether paid or ac- crued, 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 Com- pany's Access Lines within all Illinois Municipalities in such month and then either added to or de- ducted from the Access Line Value for said month of January. Thereafter, the Access Line value specified in the first paragraph of this Section shall be used for each succeeding month in such calen- dar year. Company shall, within forty -five (45) days of the effective date of this Ordinance, make an appropri- ate adjustment between payments to which Municipality is entitled under this Ordinance and pay- ment that Municipality is entitled to or has received under a prior Interim Agreement dated December 30, 1983 for the period commencing January 1, 1984. 1 -1 c o a2vTTTA 61 '4'`d ` zaquranoN 30 �i'l� �9Z stgl3oa.tagl Iuas aql paxt33u olunatag anus puu Aj!I?di3iunw ts pins 30 I ID a2'0TT. 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Clayton President of the Village of Buffalo Grove, Illinois Members of the Village Board: 0 VILLAGE CLERK'S COPY Illinois Bell AN ANCE -1.1- i COMPANY 225 West Randolph Street Chicago, Illinois 60606 On behalf of the Illinois Bell Telephone Company, I am happy to accept unconditionally the provisions of an Ordinance, Number 84 -71, entitled "An Ordinance Amending Ordinance Number 0- 62 -11, 0- 68 -20, 0 -71 -12 & 74 -12, Granting To The Illinois Bell Telephone Company, Its Lessees, Successors and Assigns, Certain Rights In The Village of Buffalo Grove, Cook /Lake Counties, Illinois." This ordinance was passed by the Board of Trustees of Buffalo Grove on November 19, 1984, and approved by the President thereof on the same day. We sincerely appreciate your help in working out the arrangement. Yours very truly, ILLINOI BELL TELEPHONE COMPANY Vic'6 President--- Operati s ATTEST: z%� ,0��� Assistant Secretary STATE OF ILLINOIS COUNTY OF Cook /Lake I, Janet M. Sirabian, Village Clerk of the Village of Buffalo Grove, Cook /Lake County, I inois, do hereby certify that I am the keeper of the records, papers, entries, documents and ordinances of said Village, and that the above and foregoing is a true, correct and complete copy84of a certain document filed in my office on the 17th day of December A.D. 19 IN WITNESS WHEREOF, I have hereunto set my hand as Village Clerk of said Village, and have hereunto affixed the seal of said Village this 3rd day of January A.D. 1985o Willage Clerk 0 0 The Honorable Verna L. Clayton President of the Village of Buffalo Grove, Illinois December 17, 1984 RECEIVED DEC 191984 BUFFALO GROVE Attached are three (3) copies of letters of the Franchise Acceptance signed by Mr. DeMayer, Vice President - Operations, and attested to by the Assistant Secretary. The original of these copies was approved by the Law Department and affixed with their seal. Caution should be exercised to assure that the following steps are taken: (1)Witness, date and affix the Village Clerk's Municipality Seal to all three (3) copies of the Acceptance Letter. (2)Return the original and second copy of the Acceptance Letter in the enclosed, self - addressed envelope to me, Dick Miller. (3)Retain the third - marked Village Clerk's Copy for your files,along with the Municipality's copy of the Franchise Agreement. Sincerely, &M 4 �, Dick Miller Community Relations Manager KLS:3 enclosure s j VILLAGE OF BUFFALO GROVE ORDINANCE NO. &'—f/ ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS lgtt DAY 0�-� , 19 gj% Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties Illinois, this day of 19 9 0: 2 � C, �" 7 -J' * , AM Village Clerk �, N L ��% # n ; ORDINANCE NUMBER 84 -71 0- 71 -12, 74 -12 AN ORDINANCE AMENDING ORDINANCE NUMBER 0 -62 -11 , GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES,, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE VILLAGE OF BUFFALO GROVE, COOK COUNTY ILLINOIS BE IT ORDAINED BY THE President and Board of Trustees of the Village County, Illinois as follows: of Buffalo Grove O/C od `Lake 1 0 -62 -11 May 11 62 SECTIOI�,. 1. 1T1hat Section_ of Ordinance Number passed on 19_ , and approved ay , 19_ , be and hereby is amended by adding the following: The term of this Ordinance shall be for the period of three (3) years beginning January 1, 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 ° . 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 with- in the Municipality: $0.256 per Access Line per month for the calendar year 1984, retroactive to January 1, 1984; $0.288 per Access Line per month for the calendar year 1985; and $0.320 per Access Line per month for the calendar year 1986 (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 1, 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 Com- pany's serving central office that provides customer access to the dial network for placing and receiv- ing 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 disconnecting from such corporate boundaries and agrees to provide to the Company an ac- curate 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 (herein- after "Illinois Municipalities ") of $8.0 million for the calendar year 1984, $9 million for the calendar year 1985 and $10 million for the calendar year 1986 (hereinafter "Agreed Franchise Payments "). If the Company's actual annual franchise payments to all Illinois Municipalities, whether paid or ac- crued, 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 Com- pany's Access Lines within all Illinois Municipalities in such month and then either added to or de- ducted from the Access Line Value for said month of January. Thereafter, the Access Line value specified in the first paragraph of this Section shall be used for each succeeding month in such calen- dar year. Company shall, within forty -five (45) days of the effective date of this Ordinance, make an appropri- ate adjustment between payments to which Municipality is entitled under this Ordinance and pay- ment that Municipality is entitled to or has received under a prior Interim Agreement dated December 30, 1983 for the period commencing January 1, 1984. ` • A 1 -1 ORDINANCE NUMBER 84 -71 0- 71 -12, 74 -12 AN ORDINANCE AMENDING ORDINANCE NUMBER 0 -62 -11 , GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES,, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE VILLAGE OF BUFFALO GROVE, COOK COUNTY ILLINOIS BE IT ORDAINED BY THE President and Board of Trustees of the Village County, Illinois as follows: of Buffalo Grove O/C od `Lake 1 0 -62 -11 May 11 62 SECTIOI�,. 1. 1T1hat Section_ of Ordinance Number passed on 19_ , and approved ay , 19_ , be and hereby is amended by adding the following: The term of this Ordinance shall be for the period of three (3) years beginning January 1, 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 ° . 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 with- in the Municipality: $0.256 per Access Line per month for the calendar year 1984, retroactive to January 1, 1984; $0.288 per Access Line per month for the calendar year 1985; and $0.320 per Access Line per month for the calendar year 1986 (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 1, 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 Com- pany's serving central office that provides customer access to the dial network for placing and receiv- ing 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 disconnecting from such corporate boundaries and agrees to provide to the Company an ac- curate 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 (herein- after "Illinois Municipalities ") of $8.0 million for the calendar year 1984, $9 million for the calendar year 1985 and $10 million for the calendar year 1986 (hereinafter "Agreed Franchise Payments "). If the Company's actual annual franchise payments to all Illinois Municipalities, whether paid or ac- crued, 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 Com- pany's Access Lines within all Illinois Municipalities in such month and then either added to or de- ducted from the Access Line Value for said month of January. Thereafter, the Access Line value specified in the first paragraph of this Section shall be used for each succeeding month in such calen- dar year. Company shall, within forty -five (45) days of the effective date of this Ordinance, make an appropri- ate adjustment between payments to which Municipality is entitled under this Ordinance and pay- ment that Municipality is entitled to or has received under a prior Interim Agreement dated December 30, 1983 for the period commencing January 1, 1984. 4`% 1 -2 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 Municipality, 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 substantiate, 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 executive officer of the Municipality, shall move within the same premises the customer premises wire associated with each Access Line provided to the Municipality by the Company, provided that not more than one such change of loca- tion in any one year per Access Line shall be made by the Company without expense to the Munici- pality. "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, exclusive 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 of the Company, and attested by its Secretary or Assistant Secretary. AYES: 5 — Marienthal, Stone, Hartstein, Glover, Reid ABSENT: 1 — O'Reilly NAYES: 0 — None PASSED this ay o ovem er A.D. 19 84 ' r l cyi/1.C�xl.t -�1L APPROVED this 19th ay of _November A.D. 19 84 STATE OF ILLINOIS ) COUNTY OF COOK & LAKE i SS I, JANET M. SIRABIAN Clerk of the VILLAGE of BUFFALO GROVE COOK & LAKE County, Illinois, do.hereby certify that I am the keeper of the ordinances of said NtiTiyyality; and that the above aug foreg i is a tdrue cq - rect and complete copy of sai Ordinance N ber / pass by the rest ent oar o rustees of said Municipality on the9tay of Novem e6 r A D. 194 and approved by the President thereof on the 19thday of November , A.D. 1984 , as appears from the records of said Municipality. IN WITNESS WHEREOF, I have hereunto set m hands as Village CI k of said Municipality and have hereunto affixed the seal thereof this 2�thday of oy,�m e" l A.D. 19 4. V iilage Clerk