Ordinance 1979-10 0RDI!','A1;CE NO le —Z9 7y
AN ORDINANCE GRANTING AUTHOPRIZATIOd TO
CONSOLIDATED CABLE UTI7ITTES , INC.
TO CONSTRUCT, OPERATE AND NAINTAN A
COMMUNITY ANTENNA TELEVISION SYSTEM IN
THE UNITED CITY OF THE VILLAGE OF YORKVILLE
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS.
Section 1. SHORT TITLE. This ordinance shall be known
and may be cited as the Yorkville Community Antenna Television
Ordinance.
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 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.
a. "City" is the United City of the Village of Yorkville, Ill.
b. "Operator" is Consolidated Cable Utilities , Inc.
C . "City Council" is the Mayor and Aldermen of the City.
d. "Person" is any person, firm, partnership , corporation,
company or organization of any kind.
e . "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 berein
authorized.
f. "Utility" means any public utility doing business
in the City.
g. "Service" means community antenna cable television
service .
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Section 3 . GRANT OF AUTHORITY. There is hereby
granted to Operator the right and privilege to construct ,
erect , install, operate and maintain in, upon , along, across ,
above , over and under, the streets , alleys , public ways and
public places , and all extensions thereof and additions
thereto , in the City wires , poles , cables , underground
conduits , conductors and fixtures necessary for the maintenance
and operation in the City of a community antenna television
system for the reception and distribution of television
signals and energy ; frequency modulated radio signals , and
any visual and aural signals which are not otherwise herein
prohibited; provided , however , the Operator at its own
expense shall place its facilities underground in those
areas of the City where all utilities are underground. The
rights herein granted shall 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
hereafter 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.
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.
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
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intervals , semi-annually or oftener 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 responsibility, obligation or
liability assumed under this agreement .
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 4. 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 , execu-
tions or demands to the extent of not less than
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$500 ,000 . 00 per person as to any claim,
$1 , 000 , 000 . 00 as to any one accident or occur-
rence , 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 cover-
age as may be required of Operator by any
other utility under Section 3 hereof.
b. INSURANCE COVERAGE . There shall be filed in
the office of the City Clerk a Certificate of
Insurance, naming the City as additional insured
under the liability insurance required by this
ordinance. The insurance company writing such
insurance and certificate shall carry a "Triple A"
financial rating in the then current edition
of Best ' s Tnsurance Guide .
Section 5 . PERFORMANCE BY OPERATOR.
a. Subject to the provisions of Section 10 , hereof,
Operator shall , within twenty-four months ,
from the effective date of this ordinance , be
offering service to at least twenty-five (25%)
percent of the dwelling units in the City,
and within five years of such effective date ,
shall be offering service to all dwelling
units inthe City; provided service to any
area having a population of less than 50
dwellings per cable mile. Operator shall take
substantial steps toward establishment of cable
television service for the City within six months
from the date of this ordinance .
b . At the request of the City, Operator hereby
agrees to provide service (at no charge other
than the direct charge , if any, which Operator
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pays a -itility in connection with the provision
of such service under an agreement_ of the
type contemplated by Section 3 hereof) to the following
buildins within the City; all, municipal_ build-
C.)ings , police and fire stations , park district
buildings , public libraries , and public and
private schools . Operator' s obligation under
this Section shall be limited to providing
the service to one matching transformer in
each such building. It is agreed that the
City may make such use of the dropli_ne into its
municipal buildings as it shall deem desirable.
C . Operator agrees that all rates charged its
subscribers to its service shall be standard,
uniform and reasonable ; a copy of the Operator ' s
scale of charges for installation and furnishing
of service shall be filed with the City Clerk
not less than 60 days prior to the effective
date of such charges .
d. The City shall have the right to attach trans-
mitting and receiving facilities to any tower
erected by the Operator providing , however,
that the attaching of such equipment does not
interfere with the operation of the CATV
system.
Section 6 . CONDITIONS OF STREET OCCUPANCY AND SYSTEM
CONSTRUCTION.
a. USE. All structures , lines and equipment
erected or inGtalled by Operator within the
City shall be so located as not to cause
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unreasonable interference with the proper
use of streets , alleys and other public
ways and places , and to avoid unreasonable
convenience of property owners who adjoin
any of said streets , alleys or other public
ways and places .
b . RESTORATION. In case of any disturbance by
Operator of pavement , sidewalks , driveways
or other surfacing, Operator shall , at its
own expense and in a manner approved by the
City, replace and restore such places so dis-
turbed in as good condition as before said work
was commenced , and shall maintain the restoration
in a good condition approved by the City
for a full period of one year.
C . RELOCATION. In the event that at any time
during the term of this ordinance , the City
shall lawfully elect to alter or change the
grade of any street , alley or other public
way, Operator , upon reasonable notice by the
City, shall (except to the extent that Operator' s
equipment is located on private property)
remove , re-lay and relocate its equipment at
its own expense.
d. PLACE14ENT OF FIXTURES . The location by
Operator of its lines and equipment shall be
in such manner as not to interfere with the
normal travel on said streets , alleys and
puble ways and normal use of the same by
utility, water and sewer lines and equipment .
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e. TEMPORARY REMOVAL OF WIRES FOR BUILDING MOVING.
Operator shall, at the request of the City,
temporarily 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 installa-
tion of polies , 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 property designated City Personnel.
g. NONLIABILITY 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 perfor-
mance 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.
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Section 7 . CONSTRUCTTON APPROVAL BY CITY. Except for
individual service drops , Operator shall not erect any pole,
run any linee , make any attachment , nor shall construction of
any kind be commenced without the prior approval (which
shall not be unreasonably 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 within 60
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 8. 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
blacked out in any way by Operator.
b . EDUCATIONAL SERVICE. The Operator shall reserve
one television channel for the use of educational
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institutions within the City limits for the
origination of educational television telecasts
and the interconnection of all said educational
institutions .
Section 9 . SERVICE STANDARDS .
A. 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 per day continuous
operation.
(3) A signal-to-noise ration of not less than
40 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 .
b . 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 property qualified
in electronics , in order to establish the
level of performance of the system.
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Section 10 . 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 any
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 cause was in effect .
Section 11. PAYMENTS TO CITY.
a. PAYMENT. The Operator agrees to pay to the
City for the privilege of operating a CATV system
under this franchise three (370) percent of
all gross operating revenue .
b . MANNER OF PAYMENT. All payments of such tax
or fee shall be made to the City semi-annually
and shall be due on or before August 1 and
February 1 of each year commencing with the
year in which Operator begins to render
service in the City.
Section 12 . RECORDS AND REPORTS . On or before 11arch 1
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 revenue received by Operator from the operation of the
system within the City during the preceding year .
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Section 13 . TEEM OF ORDINANCE . This ordinance shall
remain in full force and effect for a term of 20 years , and
the Operator at the end of said term stall have an option
for the renewal for an additional term of 20 years upon
reasonable terms to be negotiated by the City and the Operator
for such additional period.
Section 14. 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 15 . 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 60
days from the date 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 16 . SALE OR TRAINSFER 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 exlecuted, reciting the fact of such sale or transfer ,
and accepting the terms , the franchise and agreeing to
perform all the conditions thereof.
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Section 17 . SERVICE PROTECTION . 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 communications
service authorized by any Federal agency.
Section 18 . FINAL TERMINATION OF THE ORDINANCE. Upon
termination of the ordinance the Operator shall remove its
cables , wires and equipment from all poles of the City and
all space reserved for the City' S use on poles belonging to
others . If not so removed, the City shall have the right to
remove or have its contractor remove them at the risk, cost ,
and expense of the Operator and without any liability therefor.
Section. 19 . SEPARABILITY. In the event any section or
part of this ordinance shall be held invalid, such invalidity
shall not affect the remaining sections or portions of this
ordinance.
Section 20 . CONFLICTING ORDINANCES. Where the provision
of any ordinance or parts of ordinances are in conflict
herewith, the more restrictive regulation shall apply .
Section 21. EFFECTIVE DATE. This ordinance , if accepted
by Operator, shall be in full force and effect on or after
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PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE
OF YORKVILLE, ILLINOIS, this day of
197. J
City Clerk
APPROVED BY TNT' MAYOR OF Till UNITED CITY
OF THE VILLAGE OF YORKVILLE, ILLINOIS , this
of
P.TTESl . � OL
Al
y
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