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HomeMy WebLinkAboutOrdinances - O-78-148 - 05/31/1978 - GRANT NON-EXCLUSIVE FRANCHISE COMMUNITY CABLEVISIOd ORDINANCE NUMBER 0-148 Q— X-/11f AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COMMUNITY CABLEVISION, INC., ITS SUCCESSORS AND ASSIGNS, TO OWN, OPERATE AND MAINTAIN A COMMUNITY TELEVISION SYSTEM IN THE CITY OF MCHENRY: SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OR FRANCHISE; AND PROVIDING FOR REGULATIONS AND USE OF THE SAID SYSTEM BY SAID CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: Short Title. This ordinance shall be known and may be cited as the "Cable Television Ordinance". SECTION 2: Definitions. For the purpose of this Ordinance the following terms, phrases, words and their deriva- tions shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City" is the City of McHenry in the State of Illinois. (2) "Company" is the grantee of rights under this Ordinance awarding a franchise and is known as Community Cable - vision, Inc. (3) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (4) "System" shall mean the entire installation located in the City of McHenry. SECTION 3: Grant of Authority. The City, after due con- sideration in a public proceeding in which interested persons were given the opportunity to participate, being satisfied as to the Company's legal, technical, character, financial and other qualifications, and the adequacy and feasibility of the Company's construction arrangements, hereby grants to the Company a non-exclusive franchise, right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the City, poles, wires, cables, and underground conduits, manholes, and other tele- vision conductors and fixtures necessary for the maintenance and operation in the City of cable television system for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purpose herein set forth. To the extent possible, Company shall make attachments to poles already in existence within the City. To the extent that existing poles are insufficient for its purposes, or if Company is unable to negotiate arrangements satisfactory to it for use of existing poles, Company shall have the right to erect and maintain its own poles, as necessary for the con- struction and maintenance of its distribution system with the INI approval of locating such poles by the City. Company shall extend to City, free of expense, joint use of any and all poles owned by it for any proper municipal purpose insofar as may be accomplished without interference with the use and enjoyment of Company's own cables and fixtures. City shall hold Company harmless from any and all actions, causes of action or damage caused by the placement of City's wires or appurtenances upon the poles of Company. The Company shall not erect or cause to be erected any poles in any area where underground electric or telephone service is furnished; in such a service area the Company's distribution system shall also be installed underground. SECTION 4: Standards and Requirements. Construction and maintenance of the transmission distribution system, including house connection, shall be in accordance with the provisions of the National Electrical Safety Code pre- pared by the National Bureau of Standards, the National Electrical Code of the National Board of Underwriters, and such applicable ordinances and regulations of the City affecting electrical installations which may be, from time to time, in effect. The system shall be adequately grounded according to best cable industry practices. In case of any disturbance of pavement, sidewalk, driveway or other surface, Company shall, at its own expense and in a manner approved by City, remove, replace and restore all pavement, sidewalk, driveway or surface so disturbed in as good condition as -3- before said work was commended. In the event City shall elect to alter or change any street, alley, easement or public way requiring the reloc- ation of the facilities of Company, the Company, upon reasonable notice by City, shall remove and relocate the same at its own expense. Company shall, when necessary, on the request of any person holding an appropriate permit issued by City, temporarily raise or lower its lines to permit the moving of any building or other structure. The actual expense of such temporary removal shall be paid by the person requesting the same and Company shall have the right to require such payment in advance of such temporary removal. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, installations or adjustments, Company shall do so at such times as will cause the least amount of in- convenience to its customers. SECTION 5: Liability and Idemnification. The Company shall pay and by its acceptance of the franchise the Company expressly agrees that it will pay all damages and penalties which the City and its in- habitants may legally be required to pay as a result of the Company's negligence in the installation, operation or maintenance of the Cable Television System authorized herein. The City shall notify the Company's representative in the City within fifteen (15) days after the presentation of any claim or demand to the City, either by suit or otherwise, made -4- against the City on account of any negligence or contract as aforesaid on the part of the Company. The Company shall carry and pay the cost of the following liability insurance in support of its undertaking to hold the City harmless from loss sustained by either on account of the negligence of the Company, in at least the amounts indicated below, for injury to or death of persons and injury to or destruction of property: (1) $200,000 for property damage to any one person. (2) $500,000 for property damage in any one accident. (3) $500,000 for personal injury to any one person. (4) $1,000,000 for personal injury in any one accident. The Company shall comply with all the provisions of the Workman's Compensation Law of Illinois. SECTION 6: Local Office. The Company shall maintain a local business office or agent in proximity of the City for receiving, via a non -toll telephone call, inquiries or complaints regarding quality or service, equipment malfunctions, billing disputes and similar matters. Inquiries or complaints shall be received during normal business hours, 9:00 A.M. to 5:00 P.M., Monday through Friday. All complaints and inquiries will be investigated, responded to or acted upon as promptly as is practical, and unless circumstances otherwise require, within three business days of their receipt. SECTION 7: Subscriber Contracts. No contract as to the length of service for a regular monthly subscriber shall be required by the Company under ordinary circumstances. -5- Company agrees that under ordinary circumstances it shall be the right of the subscriber to start or terminate his service on the cable accor- ding to his own wishes by making advance payments to commence service, and by reasonable notice to the Company to terminate the service. It is hereby acknowledged, however, that equipment installed by the Company in behalf of the subscriber shall remain the property of the Company, -and shall be subject to reasonable inspection and service by the Company at reasonable hours and removal upon termination of the service. In the event that any subscriber shall fail to meet his obligations according to the rate schedule and to meet reasonable Company rules and regulations, Company shall have the right to withhold or deny services to such subscriber. Otherwise, the service rendered by the Company shall be available to all inhabitants of City along reasonable extended pole routes of Company. SECTION 8: Condition of Road Occupance. (1) The Company may enter into one or more contracts with the Light, Gas and Water Utilities in the City of McHenry, the Telephone Company or the owner or lessee of any poles or posts located within the City to whatever extent such contract or contracts may be expedient and of advantage of the Company in furnishing the service covered by this Franchise to its customers. (2) The Company system poles, wires and appurtenances shall be located, erected and maintained so that none of it f-V shall endanger or interfere with the lives of persons, or interfere with any improvements the City may deem proper to make, or hinder unnecessarily or obstruct the free use of the streets, alleys, bridges, easements or public property. SECTION 9: Transfer and Right of Acquisition. No sale or transfer shall be effective until the vendee, assignee or lessee has filed with the appropriate official of the City an instrument duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of this Franchise and agreeing to perform all conditions thereof. This system shall not be sold or transferred by the Company to any outside interest except upon written notice to the City not less than thirty (30) days before such transfer of sale. SECTION 10: Payments to the City. The Company shall, during each year of operation under this Franchise, pay to the City, three (3) percent of the annual gross subscriber revenues received by the Company for cable television ser- vices rendered to customers located within the City, and one (1) percent of the annual gross revenues received by the Company for all other services rendered to customers within the City to the extent allowed by FCC regulations. For purposes of this Section, gross subscriber revenues shall mean only those revenues derived from regular sub- scriber services, namely, carriage of broadcast signals and required non -broadcast services. At the time of this annual payment, the Company shall furnish the City with an annual report showing the Company's annual gross subscriber -7- revenues during the preceding year and such other information as the City shall reasonably request with respect to properties and expenses related to the Company's services within the City for such period. SECTION 11. Free Connection and Service. Upon request the Company shall furnish free of charge, outside connections and services to all Fire protection district and Rescue Squad Buildings and all public and parochial schools located within the City and to City buildings, including public libraries, when other connections are being made within the particular area of any such schools or public buildings; provided, how- ever, any and all inside wiring or work shall be done at the expense of the schools, or City, as the case may be, and provided that a service cable has previously been installed in reasonable proximity to such schools, or public buildings. In addition, the Company agrees to provide such access channels as are required by the FCC rules and regulations. SECTION 12. Franchise Term. The franchise granted the Company herein shall terminate twenty (20) years from date of grant, and may be renewed for successive twenty (20) year terms on the same terms or conditions as contained herein. SECTION 13. Commencement of Construction. Upon grant of this franchise to construct and maintain a community television system in the City of McHenry, the Company may enter into contracts with Light, Gas and Water Division of the City of McHenry, Telephone Company or others for the uses of poles and posts necessary for proper installation of the system, obtain right-of-way permits from appropriate ffm State, County and Federal officials necessary to cross high- ways or roads under their respective jurisdictions to supply main trunk lines from the Company's received antennas, obtain permission from the Federal Aviation Authority to erect and maintain antennas suitable to the needs of the system and its subscribers and obtain whatever other permits a City, County, State of Federal Agency may require. In the construction, installation and maintenance of its system the Company will use steel, cable and electronic devices, all of specialized and advanced design and type; in the operation of its system the Company will employ personnel with training, skill and experience in electronics and communications. Neither material nor personnel of this sort will be available to the Company for its system in the event of a war or other similar national emergency. SECTION 14: Construction schedule: Within one (1) year from the date the Federal Communications Commission certified that the Company's plans for cable television operations in and for the City comply with its Rules and Regulations gover- ning cable television, pole agreements, and all other agree- ments necessary to commence construction have been executed, the Company shall accomplish significant construction; the Company shall thereafter extend energized trunk cable to at least 20% of the City per year, so that construction of the entire cable television system in the City is completed within five (5) years of the date of FCC certification, unless additional time is granted by the City Council upon request of the Company for good cause shown. WE SECTION 15: Modification of FCC Rules. Consistent with the re- quirements of Rule 76.31 (a) (6) of the Federal Communications Commission, any modification of Rule 76.31 resulting from amendment hereto by the Federal Communications Commission shall to the extent applicable be con- sisdered as a part of this franchise as of the effective date of the amendment made by the FCC and shall be incorporated or delted, as the rules are modified in such franchise by specific amendments thereto by the lawful action of the City Council within one (1) year from the effect- ive date of the Federal Communications Commission's amendment or at the time of renewal of this franchise, whichever occurs first. SECTION 16: Publication Costs. The Company shall assume the costs of publication of this Franchise if such publication is required by law. A bill for publication costs shall be presented to the Company by the appropriate City Officials upon the Company's filing of its acceptance of this Franchise and the said publication costs shall be paid at that time by the Company. SECTION 17: Activities Prohibited. The Company shall not allow its cable or other operations to interfere with television reception or persons not served by the Company, nor shall the system interfere with, obstruct or hinder in any manner, the operation of the various utilities servicing the residents of the City. aG10 SECTION 18: Limited Purpose. This Franchise is granted by the Council of the City of McHenry, to the Company purely for the purpose of using easements, streets and highways of the City to erect and con- struct the Company's system and is not intended to convey any copyright or patent privileges whatsoever. SECTION 19: Forfeiture. If Company shall violate any of the terms, conditions or provisions of this Ordinance, or if Company shall fail to comply with any reasonable provision of any Ordinancy of City, and should Company continue to violate the same for a period of thirty (30) days after,Company shall have been notified in writing by City to desist from such violation, the Company may, at City's option, be deemed to have forfeited and annulled all the rights and privileges of this Ordinance. SECTION 20: Period of Acceptance. Company shall be deemed to have forfeited and abandoned all rights and privileges conferred by this Ordinance, and this Ordinance shall be null and void and of no force and effect, unless Comapny shall, within thirty (30) days after adoption hereof, file with the City Clerk -Treasurer its written accept- ance of the rights and privileges hereby conferred and with the terms, conditions and restructions hereby imposed. SECTION 21: Separability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held in- valid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding Mac shall not affect the validity of the remaining portions hereof. SECTION 22: Ordinance Repealed. All ordinances or parts thereof in conflict with the provisions of the Ordinance are hereby repealed. SECTION 23: BE IT FURTHER ORDAINED that this Ordinance take effect from the date it shall have been passed by the Council, certified and delivered, to the office of the Mayor in writing by the Clerk -Treasurer, and become effective as otherwise provided by law. PASSED this 'Il-,t day of May , 1978. AYES: Rnlgpr� Nnlanr Harker. Datz. Smith. Adams. Schooley. Rogers NAYS: Nnn ABSENT: None APPROVED this 'ilst day of May 1978. ATTEST: y er -12- COMMUNITY CABLEVISION, INC. 1615 ORRINGTON AVENUE EVANSTON. ILLINOIS 60201 312/869.6020 June 6, 1978 Honorable Mayor Joseph B. Stanek City of McHenry 1111 North Green Street McHenry, Illinois 60050 Dear Mayor Stanek: By this letter; we hereby accept all the terms and conditions, rights and privileges, of Ordinance 0-150 passed May 31, 1978, as outlined in Section 20. We also would like to verify to you and the City of McHenry that our company intends to install the following facilities and services within the system we will build and operate under this franchise: 1. An Emergency Alert system. This system will have the capability to override all channels and alert the viewers of emergency conditions due to weather, etc. We will work closely with the Emergency Service and Disaster Agency in this matter. 2. Local Origination capabilities. These facilities will include live cameras, video tape recorders, microphone, etc., which will be utilized on a designated channel by our company, and time and facilities will be made available for use by interested local agencies, educational groups, service groups, churches, etc., for local live or video tape programming. I hereby certify and pledge the incorporation of these services, along with the others we would provide, in our cable television system. You s ruly, illiam L. Kepper President WLK/dl