HomeMy WebLinkAbout89-0927 Consolidated Cable Utilities VOLUME LIV 616
RESOLUTION APPROVING THE TRANSFER OF
THE CABLE TELEVISION FRANCHISE HELD BY
CENTEL CABLE TELEVISION COMPANY OF ILLINOIS
PURSUANT TO ORDINANCE NO . S-935
DATED DECEMBER 10, 1969 , AS AMENDED
WHEREAS, the City Council of the City of Elgin,
Illinois (the "City" ) , granted a franchise to construct , own,
operate and maintain a cable television system within the City
of Elgin (the "System" ) , pursuant to Ordinance No . S-935 dated
December 10 , 1969 ( the "Franchise" ) to Consolidated Cable
' Utilities , Inc . ; and
WHEREAS, by Ordinance No . 86-84 dated December 17 ,
1984 , the City Council of the City of Elgin amended the
Franchise and approved the transfer thereof and the System to
Centel Cable Television Company of Illinois ( "Centel" ) , and
Centel is now the duly authorized and valid holder of the
Franchise, as amended; and •
WHEREAS, Centel has requested pursuant to Section 18
of the Franchise, as amended, that the City Council of the City
of Elgin approve the transfer of the Franchise, as amended, and
the System to Jones Intercable, Inc . , a Colorado corporation
( "Jones" ) or any affiliate of Jones , including any limited
partnership or partnerships of which Jones or any affiliate of
Jones is a general partner , or any joint venture or general
partnership or partnerships of which Jones , any affiliate of
Jones , or any such limited partnership or partnerships is a
constituent partner ( any such entity being hereinafter referred
to as an "Affiliate of 'Jones" ) ; and
WHEREAS , Jones or any Affiliate of Jones then holding
the Franchise may from time to . time desire to grant a security
interest in' its assets , including the Franchise, as amended,
and the System to an institutional lender or lenders as. •
security for its obligations to such lender or lenders ; and
WHEREAS, Jones or any Affiliate of Jones then holding
the Franchise has agreed to be bound by the terms , provisions
and conditions of the Franchise, as amended, and of this
Resolution.
•
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF ELGIN, ILLINOIS, THAT:
,j
617 VOLUME LIV
1 . The City does hereby consent to the assignment and
transfer of the Franchise, as amended, and the System from
Centel to Jones and/or to any Affiliate of Jones , and to any
subsequent transfers between Jones and any Affiliate of Jones ;
provided, however, that the consent of the City to any transfer
of the Franchise and the System to an Affiliate of Jones shall
only be effective if prior to such transfer the City, receives
from Jones a guarantee by Jones of the performance by the
Affiliate of Jones of all of the terms and conditions of the
Franchise .
2 . The City does hereby consent to the grant by Jones
or any Affiliate of Jones who may from time to time hold the
Franchise of a security interest in all of its rights , powers
and privileges under the Franchise, as amended, andlthe System
and all of its other assets to such lending institution or
institutions as may be designated by Jones or any Affiliate of
Jones , which lending institution or institutions shall have all
of the rights and remedies of a secured party under the
applicable Uniform Commercial Code .
3 . The foregoing consent to the transfer and
assignment of the Franchise, as amended, and the System from
Centel to Jones and/or to any Affiliate of Jones shall be
effective upon the closing of the sale of the Syste1m to Jones
or any Affiliate Of Jones . Notice of such closing date shall
be given to the City. Any subsequent transfer of the
Franchise, as amended, and the System between Jones and any
Affiliate of Jones shall be effective upon written notice being
given to the City by the entity then holding the Franchise .
4 . Jones hereby agrees to expand the channel
capacity of the System from a 36 channel to a 54 channel , 450
MHz system, within 36 months after the closing of the sale of
the System to Jones . The 450 MHz system shall meet or exceed
the following performance standards :
Carrier to Noise (C/N) < -46dBc
Second Order Distortion < -59dBc
Cross Modulation (XMod) c -49dBc
Hum < 2%
Composite Triple Beat (CTB) c -59dBc
The expanded system shall offer a state of the art channel
selector with full remote capabilities and shall enable Jones
to provide "pay per view" services to cable television
subscribers in the City.
' 'VOLUME LIV 618
5 . _The City hereby affirms that the Franchise, as
amended, is currently valid and in full force and effect , and
to the knowledge of the City, no default exists thereunder .
Subject to compliance with the terms of this Resolution, all
action necessary to approve the transfer of the Franchise, as
amended, and the System to Jones or any Affiliate of Jones has
been duly and validly taken .
s/ George VanDeVoorde
George VanDeVoorde , Mayor
Presented : September 27 , 1989
Adopted: September 27 , 1989
Vote : Yeas 7 Nays 0
Recorded :
Attest :
sJ Marie Yearman
Marie Yearman , City Clerk
September 18 , 1989
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Cable Television Franchise
PURPOSE: The purpose of this memorandum is to forward to the
Mayor and City Council a resolution approving the transfer of
the cable television franchise.
BACKGROUND: In November , 1988 , the City was informed that
Centel Cable Television of Illinois (Centel) was planning to
sell its cable television properties. In April) 1989 , Centel
notified the City the Elgin system is to be sold to Jones
Intercable, Inc. , contingent upon the assignment and transfer of
the franchise from Centel to Jones. Centel is requesting the
City' s approval to transfer their authority to provide cable
service in Elgin to Jones Intercable .
City staff has been negotiating with Centel and Jones regarding
the transfer documents . An agreement has been reached with the
staff and these understandings are incorporated in the attached
transfer resolution. A key element in the negotiations is found
in paragraph four, where Jones agrees to expand and modernize
the system within 36 months of its acquisition. Such a system
upgrade will not only enhance picture quality but will also
provide for greater program selection, including "pay per view"
services to cable television subscribers .
FINANCIAL IMPACT: Not applicable.
RECOMMENDATIONS: The staff recommends approval of the resolu-
tion approving transfer of the cable television franchise to
Jones. Representatives of Jones will be at the Council meeting
on the 27th to meet with the City Council and to respond to any
questions.
ames J. i1.k , City Manager
JJC:amp
�- E
T
RESOLUTION NO.
RESOLUTION APPROVING THE TRANSFER OF
THE CABLE TELEVISION FRANCHISE HELD BY
CENTEL CABLE TELEVISION COMPANY OF ILLINOIS
PURSUANT TO ORDINANCE NO. S-935
DATED DECEMBER 10, 1969 , AS AMENDED
WHEREAS, the City Council of the City of Elgin,
Illinois (the "City" ) , granted a franchise to construct , own,
operate and maintain a cable television system within the City
of Elgin (the "System" ) , pursuant to Ordinance No . IS-935 dated
December. 10 , 1969 (the "Franchise" ) to Consolidated Cable
Utilities , Inc . ; and
WHEREAS, by Ordinance No . 86-84 dated December 17,
1984 , the City Council of the City of Elgin amended the
Franchise and approved the transfer thereof and the System to
Centel Cable Television Company of Illinois ( "Centel" ) , and
Centel is now the duly authorized and valid holder of the
Franchise, as amended; and
WHEREAS, Centel has requested pursuant to Section 18
of the Franchise, as amended, that the City Council of the City
of Elgin approve the transfer of the Franchise, as amended, and
the System to Jones Intercable, Inc . , a Colorado corporation
( "Jones" ) or any affiliate of Jones , including any limited
partnership or partnerships of which Jones or any affiliate of
Jones is a general partner , or any joint venture or general
partnership or partnerships of which Jones , any affiliate of
Junes , or any such limited partnership or partnerst�iips is a
constituent partner (any such entity being hereinafter referred
to as an "Affiliate of Jones" ) ; and
WHEREAS, Jones or any Affiliate of Jones then holding
the Franchise may from time to time desire to grant a security
interest in its assets , including the Franchise, as amended,
. and the System to an institutional lender or lenders as
security for its obligations to such lender or lenders ; and
WHEREAS , Jones or' any Affiliate of Jones then holding
the Franchise has agreed to be bound by the terms , provisions
and conditions of the Franchise, as amended, and of this
Resolution.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF ELGIN, ILLINOIS, THAT:
•
1 . The City does hereby consent to the assignment and
transfer of the Franchise, as amended, and the System from
Centel to Jones and/or to any Affiliate of Jones, and to any
subsequent transfers between Jones and any Affiliate of Jones ;
provided, however, that the consent of the City to any transfer
of the Franchise and the System to an Affiliate of Jones shall
only be effective if prior to such. transfer the City receives
from Jones a guarantee by Jones of the performance by the
Affiliate of Jones of all of the terms and conditions of the
Franchise .
2 . The City does hereby consent to the grant by Jones
or any Affiliate of Jones who may from time to timel hold the
Franchise of a security interest in all of its rights , powers
and privileges under the Franchise, as amended, and the System
and all of its other assets to such lending institution or
institutions as may be designated by Jones or any Affiliate of
Jones , which lending institution or institutions shall have all
of the rights and remedies of a secured party under the
applicable Uniform Commercial Code.
3 . The foregoing consent to the transfer and
assignment of the Franchise, as amended, and the System from
Centel to Jones and/or to any Affiliate of Jones shall be
effective upon the closing of the sale of the System to Jones
or any Affiliate of Jones . Notice of such closing date shall
be given to the City. Any subsequent transfer of the
Franchise, as amended, and the System- between Jones and any
Affiliate of Jones shall be effective upon written notice being
given to the City by the entity then holding the Franchise.
4 . Jones hereby agrees to expand the channel
capacity of the System from a 36 channel to a 54 channel , 450
MHz system, within 36 months after the closing of the sale of
the System to Jones . The 450 MHz system shall meet or exceed
the following performance standards :
Carrier to Noise (C/N) < -46dBc
Second Order Distortion < -59dBc
Cross Modulation (XMo0) < '-49dBc
Hum < 2%
Composite Triple Beat (CTB) < -59dBc
The expanded system shall offer a state of the art channel
selector with full remote capabilities and shall enable Jones
to provide "pay per view" services to cable television
subscribers in the City.
•
5 . The City hereby affirms that the Franchise, as
amended, is currently valid and in full force and effect, and
to the knowledge of the City, no default exists thereunder .
Subject to compliance with the terms of this Resoluion, all
action necessary to approvethe transfer of the Franchise, as
amended, and the System to Jones or any Affiliate offJones has
been duly and validly taken .
PASSED AND ADOPTED by the City Council of the City of
Elgin, Illinois on the day of , 1989 .
CITY OF ELGIN
Mayor
ATTEST:
City Clerk
( 15081)
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 TI-E
CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I . The title of Ordinance No. 5-935 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 mays 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. S-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. 5-935 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 cont riary 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 maintailn 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 Operators 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 dote 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
V
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. 5-935
as follows:
On or before January 1 , 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 some 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 Pork 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 aflfected 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. 5-935 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. 5-935 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 12(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 oflits system in
the City. On or before January 15, 1985, Operator shall pay he 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. 5-935 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:
s! 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 (70 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 of 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
Ordinance No . S-935
AN ORDINANCE
GRANTING AUTHORIZATION TO CONSOLIDATED CABLE UTILITIES , INC . ,
TO CONSTRUCT , OPERATE AND MAINTAIN A COM1olUNITY ANTENNA TELE-
VISION SYSTEM IN THE CITY OF ELGIN .
BE IT ORDAINED BY THE CITY COUNCIL- OF- THE CITY OF ELGIN ;
ILLINOIS :
Section 1 . SHORT TITLE. This ordinance shall be known
and may be cited as the Elgin- Consolidated - Cable Utilities , Inc .
Community Antenna Television Oroinance .
Section 2 . DEFINITIONS. For the purposes of this ordinance ,
the following terms , phrases , words and derivations shall have
the meaning given herein . When- not-inconsistent with the context ,
words used in the present tense tnciude 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 .
a . "City" is the City of Elgin , Illinois .
b . "Operator" is Conscl ?.4s _Eeb,le.• Utilities , Inc .
c . " City Council " is the Mayor and Councilgien of Elgin ,
Illinois .
d . "City Manager" is the City Manager of the City of
Elgin , Illinois .
e . " Person" is any person , firm, partnership , association ,
corporation , company , or organization of any kind .
f . "System" shall mean the lines , fixtures , equipment
attachments , and all appurtenances thereto which are
used in the construction , operation and maintenance
of the community antenna television system herein
authorized .
g . "Utility" means any public utility doing business
in the City .
h . "Service" means community antenna cable television service .
Section 3 . GENERAL PROVISIONS .
a . Operator shall within thirty ( 30) days from the date of
the final passage of this ordinance by the City Council file with
the City Clerk of the City a written statement signed in its
name and behalf and acknowledged before a Notary Public in the
following form:
•
extend 'to any area annexed to the City , and Operator shall be
bound by the same rules and regulations as to such area as are
otherwise herein or hereinafter provided . This grant extends
to the leased or rented use of poles and other facilities of
any utility now or in the future operating in the City .
b . Should Operator use any poles or other facilities of any
utility , the following provisions shall be met: ( a) Operator and
the utility shall execute a written agreement covering the terms
of such usage , and ( b ) a certified copy of such agreement shall
be filed in the office of the City Clerk .
c . The City , because of the importance of its services ,
reserves the right to inspect each new installation of the Operator
on its poles and in space reserved for its use on poles belonging
to others and in the vicinity of its line or appliances and to
make periodic inspections , at reasonable intervals , semiannually
or more often as plant conditions may reasonably warrant , of the
entire plant of the Operator . Such inspections , whether made or
not , shall not operate to relieve the Operator of any responsi -
bility , obligation , or liability assumed under this agreement .
d . Neither the Operator nor any of its officers or employees
shall engage in the business of selling , renting , leasing , repairing
or adjusting television sets or other electronic instruments other
than those owned by the Operator . This paragraph shall not be
construed to restrict the Operator from connecting its distribution
system to television sets or other electronic instruments . Operator
agrees not to engage in the business of removing or installing
antennas,. This shall include the prohibition of the removal of
antennas for promotional purposes by the Operator .
Section 5 . COMPANY LIABILITY AND INDEMNIFICATION .
( a) LIABILITY COVERAGE . It is expressly understood and agreed
by and between Operator and the City that Operator shall save the
City , its officials and employees harmless from all loss sustained
by the City , its officials and employees on account of any suit ,
judgment , execution , claim or demand whatsoever arising out of
the construction , operation and maintenance of the system by
Operator . Operator agrees to maintain and keep in full force and
effect at all times during the term of this ordinance , liability
insurance coverage to protect the City , its officials and
employees against any such claims , suits , judgments , executions ,
or demands to the extent of not less than $500 ,000 . 00 per person
as to any one claim, $1 ,000 ,000. 00 as to any one accident or
occurrence , and not less than $400,000. 00 for property damage
as to any one accident or occurrence , or to such greater extent
on any or all such coverage as may be required of Operator by any
other utility under Section 4 hereof .
e . TEMPORARY REMOVAL OF WIRES FOR BUILDING MOVING . Operator
shall , on the request of the City , remporarily raise ._or lower its
wires to permit the moving of buildings . This work shall be at the
expense of the person moving the building , and the Operator shall
be given at least 48 hours notice of such request .
f . TREE TRIMMING . When necessary for the installation of poles ,
cables , conduit , house connections or other structures , Operator
is hereby authorized to trim trees located on public property .
Such trimming shall be done in a workmanlike manner, in such a
way as to preserve the beauty and balance of the tree , and under
the supervision of properly designated City personnel .
g . NON-LIABILITY OF CITY. The City , its officials and employees
shall not be liable for any damage occurring to the property of
Operator caused by employees of the City in the performance of their
duties , nor shall the City , its officials and employees , be held
liable for the interruption of service by actions of city employees
in the performance of their duties , nor shall the City be held
liable for the failure of Operator to be able to perform normal
services due to acts of God .
h . PERMITS FROM OTHERS. Operator shall be responsible for
securing any rights-of-way , easements , permits or agreements from
any other persons or utilities that may be needed by Operator for
any reason ,
i . LAYOUT PROPOSAL . The Operator must submit to the City ,
for its approval , a preliminary lay out of proposed system showing
the location of the head and trunk cables . The layout must also
indicate whether the cable is to be installed above or underground .
Section 8 . CONSTRUCTION APPROVAL BY CITY . Except for
individual service drops , Operator shall not erect any pole , run
any line , make any attachment , nor shall construction of any kind
be commenced without the prior approval (which shall not be
unreasonable withheld) of the City , in the form of a permit
issued by the City , upon approval of layout maps showing the
location of the facility or equipment to be installed . The City
shall have and maintain the right to inspect the construction ,
operation and maintenance of the system by Operator to insure the
proper compliance with the terms of this ordinance . In the event
Operator should violate any of the terms of this Section or the
terms of any permit granted under authority of this Section or
any rules and regulations that may be from time to time lawfully
adopted by the City , the City shall immediately give to Operator
written notice to correct such violation , and in the event Operator
does not make such correction within 30 days from the receipt
of such written notice, the City may make such correction itself
and charge the cost of the same to Operator .
Section 9 . CUSTOMER SERVICE .
a . IN GENERAL , The system shall carry all signals of every
commercial television station as to which the system tower and
antenna equipment are located within the Federal Communications
,' 'Commission approved predicted Grade B contour line of such
television station . Except for emergencies , the television
signals at no time shall be wilfully altered , interrupted, or
blacken out in any way by Operator .
b . EDUCATIONAL SERVICE . The Operator shall reserve four
television channels for the use of educational institutions
within the City limits for the orgination of educational
television telecasts and the interconnection of all said
educational institutions .
Section 10 . SERVICE STANDARDS.
a . The Operator shall install and maintain its equipment
in accordance with the National Electrical Safety Code prepared
by the National Bureau of Standards .
b . The system shall maintain at all times :
( 1 ) Equipment that passes standard color television
signals without substantial degradation and with no
appreciable phase shift and no appreciable effect on
color fidelity and intelligence . The reception shall
be of broadcast signal quality .
(2 ) A system and all equipment designed and rated for
24-hour day continous operation .
( 3) A signal -to-noise ratio of not less than 43 decibels .
( 4) A television signal with a hum modulation less than 3% .
( 5 ) Components having voltage standing wave ratio of 1 . 4 or less .
( 6 ) Operator guarantees that there shall be OdB 1 ,000
micro-volts per fee outlet .
c . Repairs to any malfunction in the system shall be corrected
within 72 hours .
d . Operator shall provide accurately calibrated test equipment
for the testing of all service and operational standards outlined
in this ordinance and shall conduct these tests as requested by
the City under the supervision of a City representative designated
by the City Manager properly qualified in electronics in order
to establish the level of performance of the system .
Section 11 . DEFAULTS. Operator shall not be deemed nor
declared to be in default under any of the conditions ; provisions ,
requirements or limitations of this ordinance in any case in which
the performance of any such condition , provision , requirement or
limitation is prevented by reason of strikes , injunctions or any
other cause , including lawsuit or administrative agency proceedings ,
reasonably beyond the control of Operator. In the event that
Operator ' s performance is prevented by any such cause ; the time
for performance shall be extended by the period during which such
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7, •
to be negotiated by the City and the Operator for such additional
period ,
Section 15 . REGULATION . The franchise herein granted shall
be subject to and controlled by all of the provisions of the laws
of the State of Illinois and of the United States , and State and
Federal regulations , now existing or hereafter enacted .
Section 16 , PENALTIES. Should Operator violate any of the
provisions of this ordinance , or any rules and regulations lawfully
adopted by the City or any other laws , or fail to perform any
of the provisions hereof, Operator shall forfeit all its rights
hereunder to the City upon the continuation of such violation
or failure for a period of more than 30 days from theldate
Operator receives written notice from the City of such violation
or failure . In the event of the bankruptcy or receivership of
Operator, all rights herein given to Operator shall at the option
of the City be forfeited and terminated .
Section 17 . PAY TV PROHIBITED . The Operator shall not , without
the express consent of the City Council , engage in furnishing
Pay TV , that is , the charging of any sum of money , over and above
the regular monthly service charge , for special programs .
Section 18 . SALE OR TRANSFER WITHOUT APPROVAL PROHIBITED.
The Operator shall not sell or transfer its plan or system, nor
transfer any rights under this franchise without approval of the
City Council . Provided , however, that no sale or transfer shall
be effective until the vendee or transferee has filed in the office
of the City Clerk an instrument, duly executed, reciting the fact
of such sale or transfer , and accepting the terms of the franchise ,
and agreeing to perform all the conditions thereof .
Secton 19 . SERVICE PROTECTION , The Operator ' s system must
transmit signals and produce high quality TV pictures . ( including
color) that will not interfere with other electrical or electronics
system . The distribution system shall be installed , operated and
maintained in such a manner that no interference will be caused
to the reception of signals from standard television broadcast
stations or to the reception of signals transmitted by any communi -
cations service authorized by any Federal agency.
In -the event that the City should complain ,or receive a
complaint from any citizen , pertaining to interference by the
Operator ' s system with otherelectrical or electronic systems , the
ci.ty .may designate a qualified third party , electronic engineer or
testing laboratory , to investigate such complaint , at the sole
cost and expense of the Operator . In the event such investigation
should sustain the complaint , the Operator shall have twenty-four
hours , after due notice from City , to remedy such situation to the
satisfaction of such third party engineer or firm . If such
interference cannot be eliminated within 24 hours , the Operator
shall suspend operation of that portion of the system causing such
interference and shall have an additional 30 days in which to make
provisions to permanently eliminate such interference and reinstate