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HomeMy WebLinkAboutS6-84 Ordinance No. S6-84 AN ORDINANCE AMENDING ORDINANCE NO. S-935, AN ORDINANCE GRANTING AUTHORIZATION TO CONSOLIDATED CABLE UTILITIES, INC., TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I . The title of Ordinance No. S-935 shall and the same is hereby amended to read as follows: AN ORDINANCE GRANTING AUTHORIZATION TO CENTEL CABLE TELEVISION COMPANY OF ILLINOIS TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY OF ELGIN. Section 2. Section I of Ordinance No. S-935 shall and the same is hereby amended to read as follows: SHORT TITLE. This ordinance shall be known and may be cited as the Elgin-Centel Cable Television Company of Illinois Community Antenna Television Ordinance. Section 3. Section 2(b) of Ordinance No. S-935 shall and the same is hereby amended to read as follows: "Operator" is Centel Cable Television Company of Illinois. Section 4. A new section 2(i) shall and the same is hereby added to Ordinance No. S-935 as follows: "Institutional Cable System" shall mean that portion of a cable system, separate and distinct from the subscriber system, that is designed to serve businesses and institutions in the City. The institutional cable system shall be programmed separately from the subscriber system. Section 5. Section 6(a) of Ordinance No. 5-935 shall and the same is hereby amended to read as follows: Subject to the provisions of Section I I hereof, Operator shall extend service to any area of the City having a population density of at least thirty (30) residential dwelling units per cable mile, within six (6) months after the area reaches such a density. Section 6. Section 6(b) of Ordinance No. S-935 shall and the same is hereby amended to read as follows: Upon request of the City, Operator agrees to provide one cable drop at Operator's cost and free service therefor to the following buildings within the City: all municipal buildings, police and fire stations, park or park district buildings, public libraries, hospitals, and public and private schools. In addition, Operator shall provide each such school having a drop with one converter at Operator's cost. It is agreed that the City may make such uses of the drops into municipal buildings as it shall deem desirable. Section 7. Section 6(c) of Ordinance No. S-935 shall and the same is hereby amended to read as follows: Operator's cable system shall have a capacity of thirty-six (36) channels and shall include the following programming: (I) Two (2) educational access channels, which capacity shall be increased to a maximum of four (4) channels as each such channel is utilized 70% of the time between the hours of 10:00 a.m. and 8:00 p.m. during any three (3) month interval; provided that Operator shall have unfilled or otherwise uncommitted channel capacity avail- able at that time. Notwithstanding anything to the contrary herein, Operator may initially combine the two (2) educational access channels onto one (I) channel, until such time as both channels are required per the above usage formula and subject to the above proviso; (2) Broadcast television reception, consistent with the rules and regulations of the Federal Communications Commission; (3) Local origination programming; and (4) Time and weather information. Operator agrees to provide a local origination channel and the above- described educational access channels as part of its basic service package. Operator further agrees that it will establish and maintain a local studio for the production and cablecasting of local origination programming and make reasonable time available for use of said studio by residents of the City, in accordance with the schedule of rates and terms set forth in Exhibit A, attached hereto and made a part hereof. Section 8. Section 6(d) of Ordinance No. S-935 shall and the same is hereby amended to read as follows: Operator agrees that all rates charged to subscribers for its service shall be standard, uniform and reasonable. A copy of Operator's scale of charges for installation and furnishing of service shall be filed with the City Clerk and notice thereof sent to all subscribers, not less than sixty (60) days prior to the effective date of such charges. Except as heretofore stated, the City shall not regulate nor attempt to regulate the rates charged by Operator for its service, equipment and facilities during the term of this Ordinance. Operator hereby agrees that no free services will be provided to any subscriber;provided, however, that this provision shall not prevent Operator from conducting promotional campaigns to attract new subscribers, including elimination or reduction of the initial connection fee or of the monthly service charge for a specified period, nor shall this provision prevent Operator from giving discounts to categories of customers, such as senior citizens and handicapped persons. Section 9. Section 6(f) shall and the same is hereby added to Ordinance No. S-935 as follows: On or before January I , 1990, Operator shall construct install and activate an institutional cable system providing service and $40,000 in equipment for those governmental buildings, schools, libraries and hospitals to be served by the institutional cable system. In the event that the institutional cable system is determined to be unnecessary, after consultation with Operator and institutional users, the above time for construction, installation and activation may be deferred until such time that the City determines that such a system is necessary and in the public interest. Operator shall construct and install the institu- tional loop within six (6) months of such determination of necessity. The institutional cable system, as initially constructed, shall utilize a separate trunk cable providing a minimum cable system bandwidth of 300 MHz. The institutional cable system shall be capable of carrying twenty- one (21) channels downstream and fifteen (15) channels upstream. Section 10. A new Section 6(g) shall and the same is hereby added to Ordinance No. S-935 as follows: Except as otherwise provided hereafter, on or before January 15, 1988, Operator shall be responsible for providing a microwave or hardwire interconnection network capable of transmitting standard NTSC television channels simultaneously from its interconnect hub to the interconnect hub of other cable television systems in West dundee, East Dundee, Carpentersville, Streamwood, Hanover Park and Bartlett. Operator's responsibility shall include, but is not necessarily limited to, the following: (I) Designing and planning; (2) Obtaining and maintaining in good standing all necessary licenses and permits; (3) Providing all channel switching and interface facilities required for incoming and outgoing transmissions at the Operator's interconnect hub; and (4) Paying all capital costs, operational and maintenance expenses associated herewith. Notwithstanding anything to the contrary herein, the above provisions shall not be construed to require activation of an interconnection network to any municipality wherein the franchised owner and operator of the cable television system does not enter into an agreement with the Operator to share the cost of the interconnection; nor shall the above provisions be construed to preclude cooperative effort, joint ownership of facilities or other cost-sharing arrangements; provided, however, that each and every aspect of construction and operation of the interconnect shall be clearly designated in written agreement(s) between the cooperating parties, such agreement(s) to be mutually acceptable to the Operator and City. The Operator shall attempt to reach agreement with all other affected cable system operators on channel assignments for the channels to be delivered to each interconnect hub. The interconnect facilities required by this section shall be designed and operated in such a manner so as not to cause undue degradation of the existing subscriber system or institutional cable system, if any, and shall provide interconnected service not substantially degraded from that provided on said subscriber or institutional cable systems. Section 11 . A new Section 6(h) shall and the same is hereby added to Ordinance No. S-935 as follows: Upon request of the City, Operator shall provide an emergency over- ride capability for the cable system, at Operator's cost, which will permit the City to interrupt and cablecast a message on all channels simul- taneously in the event of disaster or public need. Section 12. A new Section 6(i) shall and the same is hereby added to Ordinance No. 5-935 as follows: Operator agrees to supply the City with Port-a-Pak equipment, at Operator's cost, in a value not to exceed $30,000, upon receipt of a request from the City for such additional equipment. Section 13. Section 9(a) of Ordinance No. S-935 shall and the same is hereby amended to read as follows: IN GENERAL. The system shall provide broadcast television reception, consistent with the rules and regulations of the Federal Communications Commission. Section 14. Section 9(b) of Ordinance No. S-935 shall and the same is hereby deleted in its entirety. Section 15. Section I2(a) of Ordinance No. S-935 shall and the same is hereby amended to read as follows: PAYMENT. The Operator agrees to pay the City for the privilege of operating a CATV system under this Ordinance a fee of five percent (5%) of all gross revenues received by Operator from operation of its system in the City. On or before January 15, 1985, Operator shall pay the City a lump sum payment of one million dollars ($1 ,000,000) as an advance upon franchise fees to be paid hereunder. Thereafter, no additional franchise fees shall be due and payable to the City until such time as the amount of accrued franchise fees equals the amount of said advance fee paid by Operator. Once the accrued fees equal the amount of the advance fee paid by Operator, Operator shall renew franchise fee payments to the City, consistent with the terms and conditions of subparagraph 12(b), below. Section 16. Section 12(c) of Ordinance No. S-935 shall and the same is hereby deleted in its entirety. Section 17. Section 13 of Ordinance No. S-935 shall and the same is hereby amended to read as follows: On or before March I of each year, commencing with the year following the year in which Operator begins to render service in the City, Operator shall submit to the City a summary report prepared by a competent firm of certified public accountants showing gross revenues received by Operator from the operation of the system within the City during the preceding year. In addition, Operator shall accompany each franchise fee payment to the City with a report of the applicable subscriber counts. Section 18. Section 14 of Ordinance No. S-935 shall and the same is hereby amended to read as follows: TERMS OF ORDINANCE. This Ordinance shall remain in full force and effect for a term of thirty (30) years, unless terminated earlier pursuant to provisions contained herein. Renewal thereafter shall be in accordance with the criteria established by law. Said renewal shall not be unreasonably denied by the City. Section 19. Section 17 of Ordinance No. S-935 shall and the same is hereby deleted in its entirety. Section 20. Section 22 of Ordinance No. S-935 shall and the same is hereby amended to read as follows: CONFLICTING ORDINANCES. Where the provisions of any ordinance or parts of ordinances are in conflict herewith, the terms of this ordinance shall control. Section 21 . Sections 18 through 23 of Ordinance No. S-935 shall and the same are hereby renumbered Sections 17 through 22, respectively. Section 22. This Amending Ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law, and acceptance thereof by Operator in writing. s/ Richard L. Verbic Richard L. Verbic, Mayor • Presented: December 17, 1984 Passed: December 17 , 1984 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: 5/ Marie Yearman Marie Yearman, City Clerk EXHIBIT A INITIAL RATES AND CHARGES FOR ACCESS USERS (Institutional - Public) CHANNEL TIME/AIR TIME CATEGORY OF USER RATE OR CHARGE Taxing Bodies (Schools, Park Districts, Libraries, City) No Charge General Public 60 minutes at no charge per user per seven (7) day period, then $10.00 per hour. PRODUCTION AND PROGRAMMING COSTS FOR STUDIO USE RATE OR CHARGE A. Production Facilities, full color, 1 or 2 cameras $20.00/hour B. Remote production facil- ities on location, plus .20/mile in Illinois; .25/mile outside of Illinois $35.00/hour C. Electronic Editing $20.00/hour D. Screening Facilities $10.00/hour E. Film to tape transfer (cassettes) $20.00/hour F. Cassette Duplication $10.00/hour G. 16mm Film/35mm Slides to 3/4" Tape Transfer $20.00/hour H. 3/4" cassette duplication $10.00/hour I. 1/2" to 3/4", 3/4" to 1/2" transfers $15.00/hour J. Videotape Stock 1/2" Beta $15.00 VHS $15.00 3/4" 10 minutes $16.00 18 minutes $20.00 30 minutes $25.00 60 minutes $30.00 When available, used tape stock can be purchased at 1/3 above cost. The Operator may require a reasonable deposit from users of any equipment when said users remove equipment belonging to Operator from the studio. Nothing herein shall be construed to limit the liability of any person removing such equipment from such facilities or to relieve such person from liability for all damages if such equipment must be repaired or replaced due to damage, theft, or abuse while loaned to such person. Operator may reasonably adjust the above rates upon sixty (60) days' notice to the City. I