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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 . -9- 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 -3- 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 -4- $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 -5- 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 -6- 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 . -7- 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. -8- 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 -9- 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. -10- 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 . -11- 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. -12- 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 x c / 19 c 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 C i