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O-63-37ORDINANCE NUMBER 0 -63 -37 AN ORDINANCE AMENDING ORDINANCE NUMBER 0- 58 -28-, GRANTING TO ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE ';TILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS as follows: SECTION 1. That Section 6 of Ordinance Number 0- 58 -28, passed on July 9t,, 1958, and effective on August 1, 1958, 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 Muni- cipality, 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 Muni- cipality on the Company's usual form. The Company, without charge and when directed by resolution of the•governing body of the Muni c i pa 1 i'ty, shall change the l.ocati on of any of said telephones, 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 Municipal- ity.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 ex- change 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 extent that the aggre- gate va:l;uerof all telephone service and facilities so furnished hereunder, based upon the Company's lawful charges from time to time in effect.the,refor to said subscribers, does not ex- ceed 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 option- al 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 inter- ruption or failure. SECTION 2. That said ordinance be further amended by adding there- to the following provision to be designated as Section 12 thereof: SECTION 12. So lond as the Company exercies 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 it s structures installed without re- serving the easement rights of'th'e Company in and to the street or alley to be vacated. SECTION 3. That sb1d 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 - eight (38) individual;line:,business telephones.during the first five year•period of this ordinance. As of the beginning of the second and each succeeding five year period thereof, the Company shall determine the.number of its telephones within the corporate limits of the Municipality. During each of these succeeding five year periods, one telephone., in addition-to the number provided during, the first five year period, will be furnished to the Municipalit.y.for each two hundred and fifty (250) telephones by which the number of telephones in service within the Municipality exceeds 8,150. 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 9th day of September, A.D; 1963. Village Clerk APPROVED this 9th dsy of September, A. D. 1963. David C. Whitney President . STATE OF ILLINOIS ) COUNTY OF LAKE ) SS VILLAGE OF DEERFIELD ) I, Catherine B. Price, Village Clerk of the Village of Deerfield, Lake County, Illinois, do hereby certify that I am the keeper of the ordinances of salid Municipality; and that the above and foregoing is a true, correct and complete copy of Ordinance Number 0- 63 -37, passed by the Board of Trustees of said Municipality on the 9th day.of September, A.D. 1963, and approved by the President therefo on the 9th day of September, A.D. 1963, as appears from the records of said Municipality. IN WITNESS WHEREOF, I have hereunto set my hand as Village Clerk of said Municipality and have hereunto affixed the.seal thereof this 12th day of September, A. D. 1963. Village Clerk ORDINANCE NUMBER G -63 -37 , AN ORDINANCE AMENDING. ORDINANCE NUMBERS , GRANTING JO ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS, CERTAIN RIGHTS IN THE'- VILLAGE OF DEERFIELD, IAKE COUNTY, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILIAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS. as follows: SECTION 1. That Section 6 of Ordinance Number 0 -58 -28 , passed on July.9, 195$, and effective on August 1, 1958, 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, provided that not more than one such change of location in any one year of any.telephone furnished hereunder shall be made by the Com- pany 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 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,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 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., - 2 - 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 -eight (38) individual line business telephones during the :first five year period of this ordinance. As of the beginning of the second and each succeeding five year period thereof, the Company shall determine the number of its telephones within the corporate limits of 'the Municipality. During each of these succeeding five year periods, one telephone, in addition to the number provided during the first five year period, will be furnished to the Municipality for each two hundred and fifty (250) telephones by which the number of telephones in service within the Municipality exceeds 8,150. 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 _day of �,, , A.D. 19 S. Village Clerk APPROVED this_day of .� , A. D. 19 �o . President STATE OF ILLINOIS COUNTY OF LAKE ) SS VILIAGE OF DEERFIELD ,Q ) I, Village Clerk of the Village of Deerfield, lake County,, Illinois, do hereby certify that I am the keeper of the ordinances of said Municipality; and th the above and foregoing is a true, correct um and complete copy of Ordinance ber C' 4, 3 -3_,7 , passed by the Board of Trustees of said Municipality on the day of , A.D. 19 13 , and approved b the President thereof on theJ� day of _ V , A.D. 19 , as appears from the records of said Municipality. IN WITNESS WHEREOF, I have hereunto set my hand as Village Clerk said Municipal- ity and have hereunto affixed the seal thereof this _day of-G� , A.D. 19 63. -Ph� Village Clerk