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1973-0450 ORDINANCE NUMBER 73- 4L,:!�_ AN ORDINANCE AMENDING ORDINANCE NUMBER 0- 62 -11, GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESS- ORS AND ASSIGNS, CERTAIN RIGHTS IN THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS AS FOLLOWS: SECTION 1. That Section 6 of Ordinance Number 0- 62 -11, passed on May 17, 1962, and effective on June 22, 1962, 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, 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, without charge and when directed by resolution of the governing body of the Municipality, shall change the location of any of said telephones, pro- vided 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 telephone exchange in which the Municipality is located, to the ex- tent 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 business 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 furnishing 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 interrup- tion 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 widen or vacate any street, alley or public way in which the Company has its structures installed without providing for substitute right of way a easement for such structures, further provided cost of removal, relocation and reconstruction shall be paid by the Company. 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 - seven (37) individual line business telephones during, the first one year period of this ordinance. As of the beginning of the second and each succeeding one year. period hereof, the Company shall determine the number of its telephones within the corporate limits of the Muni- cipality. During each of these succeeding one year periods, one telephone, in addition to the number provided during the first one year period, will be furnished to the Muni- cipality for each six - hundred forty -three (643) telephones by which the number of telephones in service within the Municipality exceeds 7,081, until the number of such telephones reaches 10,000 and telephones furnished to the Municipality number a total of forty (40). Thereafter, 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 re- ceipt, by the Clerk of the Municipality, of Illinois Bell Tele- phone 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. AYES: 6 NAYES j ABSENT N o e PASSED -- rx�y� -�� 1973. APPROVED i��`�ZJ -`� , 1973. PUBLISHED 1973.