84-80 AMENDING ORDINANCE NUMBER 3641, GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS CERTAIN RIGHTS IN THE CITY OF DECATUR, MACON COUNTY, ILLINOIS

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� _ . • _ . , �. . ` . � ' 3-1 ORDINANCE NUMBER � , AN ORDINANCE AMENDING ORDINANCE NUMBER 3641 , GRANTING TO THE 1LLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCESSORS AND ASSIGNS CERTAIN RIGHTS W THE CITY OF DECATUR, MA�ON COUNTY, ILLINOIS BE IT ORDAINED BY THE �Yor and City Council of the City of Decatur Macon , County, Illinois as follows: SECTION 1. That Section 6 of Ordinance Number 3641 passed on December 19 1960 and approved Dec. 19, 1960 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 caienclar year 19$5; and $0320 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 l, 1984. 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 wiihin 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.