City Council Minutes 1979 07-12-79 (41)
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED, CITY OF
VILLAGE OF YORKVILLE , KENDALL COUNTY, ILLINOIS HELD AT CITY HALL, JULY 12 ,
1979 .
Mayor Thanepohn called the meeting to order at 8 :00 P .M. and led the
Council in the Pledge of Allegiance to the Flag .
Roll call was taken as follows :
Ward 1 - Beach Ward 2 - Harker Ward 3 - Pierce
Hanback
Alderman Wolff was absent from Ward 1 and Alderman Simmons was absent
from Ward 3 . A quorum was established.
Guests included Mr. Whalen & Mr . Sawasko, Mr, Kyes , WSPY representative ,
Sr. Foxes representatives Mrs . Smythe & Mrs . Houck , Mr . Dhuse and
Mr. & Mrs . Dollman .
Alderman Wolff arrived at 8 : 05 P.M.
Alderman Hanback moved to approve the minutes with corrections
noted by Clerk , seconded by Alderman Harker . Motion carried 5-0 .
Alderman Harker moved to authorize payment of the bills , seconded
by Alderman Hanback . Alderman Hanback questioned the $150 landscaping
bill . Director Madden responded that it was for work done following
repair of a water leak on Pleasure Street to return it to itd
original condition . Alderman Harker asked if hill from CM&T was
the final bill for Fox Road. Mayor Thanepohn responded that he has
sent a letter to CM&T detailing open invoices . Roll call vote was
taken as follows :
Beach - Aye Harker } Aye Hanback - Aye Pierce - Aye Wolff - Aye
Motion carried 5-0 . Alderman Simmons was absent from voting .
ATTORNEY ' S REPORT - Alderman Hanback moved to pass An Ordinance Granting
Authorization to Consolidated Cable Utilities , Inc . , to Construct ,
Operate And Maintain A Community Antenna Television System in the United
City of the Village of Yorkville , seconded by _Alderman Harker. Roll
call vote was taken as follows :
Harker - Aye Hanback - Aye Pierce - Aye Wolff - Aye Beach - Aye
Motion carried 5-0 . Alderman Simmons was absent from voting.
Attorney Dickson stated that he has reviewed the law in regards to
the .Library receiving state funds for the demolition of their building
when the Route 47 Bridge is rebuilt . Attorney Dickson ' s position is
that the state will make full value payment if funds are available .. and
suggested attending the Pt. 47 Bridge Public Hearing on August 8 , 1979
to clarify the situation .
MAYOR' S REPORT - Mayor Thanepohn accepted the resignation of Wayne
Gutzwiler from the Library Board and has sent him a letter of thanks
for his service . Mayor Thanepohn dill have a recommendation for
appointment at the next meeting.
CITY CLERK - Clerk Erickson requested that reservations be made early
for the Illinois Municipal League Conference .
Alderman Beach moved to refer the following items to the Plan Commission
agenda for July 24 , 1979 , seconded by Alderman Harker :
1 . Blaine Harker ' s Pre-application Sketch in regards to annexation .
2 . Re-zoning from A-1 to R-3 (Kendall County) and subdividing
Robbie Acres (James Knierum, developer) on Cannonball Trail .
3 . Preliminary Plat for Swanson Subdivision & re-zoning from A-1 to
R-3 (Kendall County) off Game Farm Road.
4 . Merten & Snyder ' s Application for re-zoning 71� acres along
Fox River accessible by private road off Quinsey Road .
Motion carried 5-0 .
TREASURER - Alderman Beach moved to approve the Treasurer ' s Report ,
seconded by Alderman Harker. Motion carried 5-0 .
POLICE - Alderman Wolff moved to approve the Police Report , seconded
by Alderman Harker . Motion carried 5-0 .
DIRECTOR OF PUBLIC WORKS - Alderman Harker moved to approve the Public
Works reports , seconded by Alderman Hanback . Motion carried 5-0 .
Alderman Beach reported that Director Madden had submitted to him a
report on single family housing values . In 1974 the average value
of a single family residence was $35 , 782 and in 1979 the average value
$60 , 605 .
(42 ) Page 2 July 12 , 1979
PLAN__COMMISSION - The next meeting is schduled for July 24 , 1979 at 7 : 30 P.M.
at City Hall .
BUSINESS & ECONOMIC DEVELOPMENT COMMISSION - Alderman Beach will give a
report at the next meeting .
OLD-:BUSIXE6S. _ .; - Alderwoman Pierce stated she felt it was wrong for
the City Council to deny the Jaycee ' s a beer permit in that they have
served beer in former years with no problems .
Safaasko°Whalen - Attorney Wilson presented the changes requested by
James Clarage for the,'.proposed amendment . Mr. Wilson also presented a
floor plan of the condominiums . Mr. Wilson stated that a landscaping
plan could not be submitted until approval of the concept of( the basic
plan has been approved by BOCA. If the concept complies with BOCA Mr.
Wilson will take it before the Plan Commission at that time along with
the Condominium agreement & lighting & landscaping plans . The City
Council reflected informal approval )and acceptance of the general
concept of the plan .
Kyes Petition for Variance - Attorney Grant asked that the Petition be
corrected to read City of Yorkville in place of City of Plano . Attorney
Grant filed an Amended Petition with City Clerk at this time and passed
out copies to members of the City Council . A Zoning Board of Appeals
Public Hearing will scheduled tentatively for August 6 , 1979 at 7 :00 P .M.
Dollman/Dhuse Petition for Variance - Following a lengthy discussion ,
Alderman Beach moved to refer the matter of the Zoning Board of Appeals
recommendation to the City Council regarding the Dollman/Dhuse Petition
for Variance to Building & Zoning Committee , Thursday , July 19 , 1979
at 8 :00 P .M. at the Water Tower Conference Room, seconded by Alderman
Harker . Motion carried . Alderman Beach requested that information
regarding the surrounding area to the parcel in question be submitted
at this time , and the discussion will include street vs . private driveway,
and compliance with the Subdivision Control Ordinance .
NEW BUSINESS - Alderman Beach moved to decrease the present municipal
utility tax rate by 1% from the present 5 . 73% to 4 . 73% effective
August 1 , 1979 and to have the City Attorney amend the/City Ordinance
to reflect the 1% decrease , seconded by Alderman Hanback . Discussion
followed. Alderman Wolff stated that the percentage of voters voting
in the election did not represent a very,,.large majority of the registered
voters .
Mayor Thanepohn stated that Attorney Dickson is now drafting a resolution
asking State Legislators to act on the gross inequity of the utility com-
panies charging . 73% for collecting this tax . This. action would reduce
the utility tax without costing the City.
Alderman Hanback stated that he felt the City could function without
the utility tax funds . Mayor Thanepohn responded that loss of 'the
utility tax would cut services by the City.
Alderwoman Pierce stated that the utility tax was put into effect before
Revenue Sharing , before Countryside Center and other sources of income
personally feels a 1% decrease in the utility tax would please the
.residents .
Roll call vote was taken as follows :
Beach - Aye Harker - Nay Hanback - Aye Pierce - Aye Wolff - Nay
Mayor Thanepohn - Nay
Motion defeated 3-3 . Alderman Simmons was absent from the vote .
HEALTH & SANITATION - Alderman Wolff reported that Chief Randall is
working on the weed situation and letters will be sent out .
SEWERS - Alderman Harker called a committee meeting on July 19 , 1979
to discuss the tractor situation and asked that members of the streets &
alleys , water and finance committees be present
,
YBS BOARD - Alderman Harker moved to authorize payment of $2 , 241 . 00 to
the Yorkville-Bristol Sanitary District for their share of the State
E.P .A. Grant funding , seconded by Alderman Beach . Roll call vote was
taken as follows :
Harker - Aye Hanback - Aye Pierce - Aye Wolff - Aye Beach - Aye
Motion carried 5-0 . Alderman Simmons was absent from the vote .
Alderman Wolff moved to adjourn the meeting , seconded by Alderman Harker.
Motion carried 5-0 .
GENERAL FUND JUNE, 1979 Approved July 12 Meeting
Commonwealth Edison Co. - EH55-AP-8690A Maint. Bldg. (1-38-38.4-761) $55.66; 79.29
EJ59-AP-0150A P.D. (1-38-38.2-740) $4.88
EH55-AP-3084A Trees & Parks (1-36-36.2-662) $18.75
Elden Madden,Director of - Office Supplies (1-42-405) $5.29 20.63
Public Works Postage (1-42-807) $9.36
Office Supplies (Clerk) (1-42-865) $5.98
MSP/Insurance Trust - Group Insurance Premium Empl. No. 07087 Trust No. 1009.34
1022 (1-42-856)
Revenue Sharing Advisary - Revenue Sharing Handbook (1-42-860) 45.00
Service
LeRoy Thanepohn - Meeting Expense (1-42-863) 16.00
Illinois Bell Telephone Co. - 023-1001 Pvt. Line P.D. $15.78; 663-6990 Mayor 49.62
$33.84 (1-42-864)
Xerox Corporation - Monthly rental charge for May P.D. (1-42-866) 75.00
C $ R Communications - Ticket #9886 Repair 2-way radio in M3 Squad $25.00
Ticket #1492 Ball,whip & Spring & labor on Radio 60.00
$35.00 (1-35-602)
The Paper Crate - Ticket #7672 Supplies P.D. $13.51 27.01
Ticket #7700 Supplies P.D. $13.50 (1-35-603)
Potomac Gift Company - Ticket #2546 UPS charge (1-35-605) $1.29 8.79
Ticket #2556 Collar Insignias P.D. (1-35-607) $7.50
Richard Randall - Expense attending meetings (1-35-607) 15.99
Fox Valley Investigators Ass'n.- Dues - June 79 to June 80 (1-35-607) 15.00
Kenneth Lotz - Ticket #5631 Ammo for P.D. (1-35-609) 23.75
Yorkville Body Shop - Inv. 025051 Align front end-1979 Chev. P.D. (1-35-610) 18.00
Ron Westphal Chevrolet - Inv. 3023 Check fluid levels M-3 $11.05 106.13
Inv. 3018 Check fluids M-2 $11.05
Inv. 2959 Check all fluids 1976 Olds $20.25
Inv. 2910 Replace Spotlight 1979 Chev. Impala M-2
$31.00
Inv. 2875 Repair air conditioner 1976 Olds $32.78
(1-35-610)
Kendall Grundy FS, Inc. - Ticket No. 92027 $207.99; Ticket #92266 $133.52; 823.44
Ticket No. 94343 $163.39; Ticket No. 92605 $36.71;
Ticket No. 92879 $381.83 Gas P.D. (1-35-611)
Potomac Gift Company - Ticket #2539 Recharge fire extinguisher (1-35-612) 14.00
Hornsby's Family Center - Ticket #0937700 Car Wax (1-35-614) 3.56
Plano Police Department - 405 calls on Call Forwarding for May $138.50 281.75
573 calls on Call Forwarding for June $143.25
P.D. (1-35-615)
John N. Schneider Appliance - Ticket #7084 Glass for P.D. $25.13; Ticket 7284 26.57
Putty $1.44 (1-38.2-741)
Cavett Rexall Drugs - Ticket 003909 Film (1-35-612) 12.38
Ric Mar Industries, Inc. - Inv. No. 29224 Wire Brooms (1-30-402) 31.70
Fox Valley Marking Systems,Inc. - Striper $99.95 (1-30-407) ; Paint $159.30 (1-30-410) 259.25
Janco Chemical Supply,Inc. - Inv.A81020 Trash Bags (1-30-410) 76.40
John N. Schneider Appl. - Hand Tools (1-30-411) 23.14
Aurora Concrete Products Co. - Inv. 05313 2 Manholes (1-32-501) 426.83
Mount's Septic Sewer Service- Cleaning Sewer Main-Heustis St. (1-32-501) 60.00
McNelis Tree Service - Seeding yard-Elizabeth St. X90.00 1-32-501) Cutting 180.00
Mel's Truck & Trailer,Inc. - Repair 11976 Ehlev.r Tree-West Main 90.00 (1-56.3-680
77.53
Yorkville Auto Parts - Cust. No. 126 Anti Freeze (1-33-531) 7.08
GENERAL FUND (continued)
Homer G. Dickson & Co. ,Inc. - Ticket 87925 Teflon Tape $1.80; Ticket 32423 37.86
Welding $20.00; Ticket 32384 Welding $16.06
(1-33-531)
Au Sable Intl. Inc. - Ticket 10913 Tractor part $17,90; Ticket 1258 Tractor 121.98
repairs $104.08 (1-33-531)
Kendall Grundy FS, Inc. - Gas Public Works Dept. (1-33-533) 559.63
Hathorn's Inspection Station - Truck inspection (1-33-534) 6.55
Tri-County Scavenger Service,Inc.- Services for June (1-34=561) 3192.60
Zwart Gravel Company - Ticket 10882 Sand (1-36.1-651) . 23.10
Yorkville Boy Scouts,Troop 40- Donation-Scout work program (1-42-860) 30.00
Illinois Bell Telephone Co. - 553-7855 Bldg. & Zoning $67.04; 553-6999 Recreation 95.82
Department $24.32; 553-6222 Clerk $4.46
The Stationery House - Inv. 63022 Supplies-City Clerk (1-42-865) 23.79
Quill Corporation - Supplies (1-42-865) 44.78
Fox Valley Sewer Service - Jet Main on E. Main St. $252.50; Jet mains on Heustis 824.00
St. $252.50; Pump main on Heustis St. $174.00; Pump
main on Heustis $145.00
Ill. Bell Telephone Co. - 553-7809 Treas. $76.94; 552-7593 Call Forwarding P.D. 93.86
$16.92 (1-42-864)
8927.15
SALARIES GROSS 21,162.43 Net 14,885.85
MOTOR FUEL TAX FUND
Crawford,Murphy $ Tilly,Inc. - No. 2293 Services-inspecting Fox Road projedt 1,895.16
(3-402)
REVENUE SHARING FUND
Yorkville National Bank - Annual payment - Rowlands Property (6-409) 9,376.67
i
WATER FUND
McNelis Tree Service - Landscaping-Pleasure Drive (2-50-408) 150.00
Commonwealth Edison Co. - EP14AP33737 Pumping (2-50-404) 1486.52
Commonwealth Edison Co. - EP14-AP33737 Pumping (2-50-404) 1265.40
Water Products Co. - Inv. 27335 Meter (2-50-405) 558.00
John C. Kupferle Foundry Co.- 22" Flush Hydrant (2-50-408) 246.27
Illinois Bell Telephone Co. - 553-7079 Water Dept. (2-50-410) 27.83
Illinois Bell Telephone Co. - 023-1047 Pvt. Line Pumphouse (2-50-410) 9.20
Hach Chemical Co. - Inv, 875825 CL2 Test Kit (2-50-402) 26.02
Sup't. of Documents,U.S. - EPA Journal Subscription (2-50-418) 12.00
Government Printing Office
Behrens Brothers - Repair driveway & curbs (2-50-408) 325.00
Elden Madden, Director - E.P.A. Certification Test Fee $10.00 (2-50-418) 19.51
Public Works Postage (2-50-420) $9,51
Nat'l. Blvd. Bank of Chicago- Deposit Water Bold & Interest Fund 2000,00
Nat'l. Blvd. Bank of Chicago- Deposit Water Bond $ Interest Reserve Fund 170.00
The Bank of Yorkville - Deposit Water Depreciation & Contingencies Fund 150.00
6445.75
SALARIES GROSS 2,346.12 NET 1,603.42
PARK COMMISSION FUND
Hayden's Sport Center - Inv. 4359 Baseball Equipment 320.15
Hayden's Sport Center - Inv. 4744 Scrimmavests; Inv. 4745 Dudley Rulebooks 62.00
$10.00 92.00
Dr. James Sanders - Refund of Registration Fee 7.00
Zeiter-Dickson Insurance- Policy covering Basketball & Softball 348.00
Agency,Inc.
Fox Valleq Shopping News - Action Sign 24.60
Yorkville Comm. Unit - Use of school facilities for 1978-79 school year 213.00
Dist. .8 115
974.75
PUBLIC NOTICE
PUBLIC NOTICE is herewith given that the Yorkville Zoning
r
Board of Appeals will hold a public hearing at 7 :00 p.m. central
daylight time on 1979 , at the Yorkville City
Nall , to hear the Petition of ROBERT M. KYES and VIOLET M. KYES
for a variation from the strict letter of the regulations of
Section 6 .02-C-3 of the Zoning Ordinance of the City of Yorkville
regarding lot area , and for a variation from the strict letter of
the regulations of Section 6. 02-D-3 of the Zoning Ordinance of
the City of Yorkville regarding required rear yard , for the
following-described real estate, to-wit:
That part of the North East quarter of Section 32 , Town-
ship 37 North, Range 7 East of the Third Principal Meri -
dian, described as follows : Beginning at a point which
is South 45 ' East 66 feet from a point in the South line
of Block 18 of the Village of Bristol midway between the
South East corner and the South West corner of said Block
18, thence South 89 degrees 55 ' East 160 feet to the West
line of King Street in the Village of Bristol ; thence South
45 ' East along said West line of King Street 100 feet to
` the Nort.` Fast corner of premises conveyed to Gerald R.
Bass by deed dated July 23 , 1927, and recorded July 25 ,
1927, in book 81 of deeds , page 62 ; thence North 89 degrees
55 ' West along the North line of said premises and said North
line continued 168 feet to the Northerly corner of premises
conveyed to Gerald R. Bass by deed dated August 25 , 1927 ,
and recorded August 26 , 1927, in book 81 of deeds , paoe 76 ;
thence South 45 East 20 feet; thence North 89 degrees 55 '
West 20 feet; thence North 45 ' West 120 feet; thence South
89 - degrees 55 East 28, feet to the place of beginning , in
tone Village of Bristol , Kendall County , Illinois .
The proposed variations would allow the. issuance of a building
permit for the construction of a residential dwelling upon the
easterly 108 feet of said real estate , which said parcel of real
estate would contain less lot area than that required under the
;Provisions of Section 6.02-C-3 of the Zoning Ordinance of the
City of Yorkville , and would allow the issuance of a building per- '
mit for a residential dwelling house on said parcel of real estate
with a rear yard of 34 feet , less than that required by the pro-
visions of Section 6.02-0-3 of the Zoning Ordinance of the City
of Yorkville .
All persons 0§1pin§ t6 6e hhh!gd ms# Aft0 #* of *60f *IAA :
BATED this At day of July , 1979, A. D. , at Yorkville , Illinois .
en a en
Executive Secretary
Yorkville Zoning Board of Appeals
r 4.
AMENDED PETITION FOR VARIATION
To: The Zoning Board of Appeals ,
Zoning Enforcement Officer ,
and Mayor and City Council
of the United City of the
Village of Yorkville ,- Ken-
dall County, Illinois .
THE UNDERSIGNED, being the record owners of the following
described lot, piece or . parcel of land , situated in the City of
Yorkville , Kendall County , Illinois , to-wit: ( See attached Legal
Description) herewith make application to the Zoning Board of
Appeals of the United City,-' of the Village of Yorkville , Illinois ,
and to the City Council of said City for a variation from the
strict letter of the regulations of the Zoning Ordinance of the
k
City of Yorkville .
The undersigned represent as follows :
1 . That they are the record owners of the real estate herein
described.
2. :: That said real estate is located on the Southwest corner
of the intersection of Main Street and King Street within the
corporate limits of the City of Yorkville and that said real estate
is presently improved with a single-family frame residence located
on the Westernmost portion of : said real estate .
3 . That the entire parcel of real estate herein described is
p.resently zoned R-2 , one-family residence district, under the pro-
visions of the Zoning Ordinance of the City of Yorkville .
4 . That t he 'umimproved portion of said real estate consists
of a corner lot measuring 108 ' x 100 ' and has a total lot area of
10,800 square feet, less than that required by the provisions of
Section 6 . 02-C-3 of, the Zoning Ordinance of the City .
5 . That the undersigned are requesting a variation from the
strict letter of the regulations of the Zoning Ordinance to auth-
o-rize the issuance of a building permit for a residential dwelling
house on the easterly 108 feet of the -parcel of real estate herein
.described to make optimum use of the presently .unimproved portion
of the parcel of land. herein described .
6. . That the undersigned are further requesting a variation
-2
4
. from the strict letter of the regulations . of the Zoning Ordinance
N i
to authorize the issuance of a building permit for a residential
dwelling house on said parcel of real estate with a rear yard of
feet, less than that required by the provisions of Section 6.02D3
of the Zoning Ordinance of said City but within the authorized vari -
ations guidelines set forth at Section 12. 06-A of the Zoning Ordinance
of the City.
7 . The undersigned further acknowledge that the requested
variation for allowable lot size will have the result of reducing
the square footage of the balance of the real estate , upon which
there exists a dwelling structure , to 8 ,400 square feet , less than
that required by the provisions of Section 6 . 02-C-3 of the Zoning
Ordinance of the City, and that the existing use of -the balance of
said real estate will become a non conforming use under the provisions
of the Zoning Ordinance of the City of Yorkville and that Petitioners
are agreeable to a declaration by the corporate authorities of the
City. of Yorkville that the balance of said real estate which , as
delineated , will consist of a parcel of real estate containing 8 ,400
square feet, will constitute a legal non conforming use under the
provisions of Section 11 of the Zoning Ordinance of said City and
that restoration , renovation and alteration of the structure presently
located thereon will be governed by the provisions of Section 11 of
the existing Zoning Ordinance of the City.
8. The undersigned further submit to the Zoning Board of Ap-
peals and to the City Coundil of the City of Yorkville as follows :
(a) That the parcel of real estate herein described is
uniquely situated and compatible for single-family residential
use in view of the fact that the surrounding properties are pre-
sently. devoted to single-family residential use; that this ap-
plication for variation is not made by reason of a mere Incon-
venience to the owner but by reason of the fact that a valuable
parcel of residential property is not now usable due to the
limitat%ons of the Zoning Ordinance.
-3-
( b) That the condition upon which this Petition for Variation
is based is unique to the property for which the variation is sought
and is not a.pplicable , . generally, to other properties within the
same zoning classification.
(c) That the aforementioned hardship is not attributable to
any activity of the owner but is occasioned by reason of the existing
dimensions of the real . estate herein described and the provisions
of the Zoning Ordinance concerning use of the same .
(d) That the granting of the requested variation will not
be 'detrimental to the public welfare or injurious to other property
or improvements in the neighborhood in which the subject real estate
is located .
(e) That the proposed variation will not impair an adequate
supply. of light and air to adjacent property or substantially in.-
c.rease' the `congesti.on in the public streets , or increase the danger
to the public safety, or substantially diminish or impair property
values within the neighborhood .
WHEREFORE , the undersigned , request that the . Zoning Board of
Appeals conduct a public hearing on this Petiti.on as required by
law,- and that the Zoning Board of Appeals and the City Council of
th.e. City of Yorkville take all necessary action upon „this-_.Peeition
within a , reasonable time.
t k:J
oma s . . ra
Attorney for Pe Ctioner
Law Offices of Thomas W. Grant ,
Attorneys far Petitioners
P . O . Box 326
Yorkville , Illinois 60560;
312/553/0088
Ex�►irtiab �t Ito rUC4 9)viuIA,4 n
,4
010'
4.
R
LEGAL DESCRIPTION
That part of the North East quarter of Section 32 , Township 37
North', Range 7 East of the. Third principal Meridian , described
as follows : Beginning at a point which is South 45 ' East 66
feet from a point in the South line of Block 18 .of the Village
of Bristol midway between the South. East corner and the South
West corner of said Block . 18 , thence South 89 degrees 55 ' East
160 feet to the West line of King Street in the Village of
Bristol ; thence South 45 ' East along said West line of King
Street 100 feet to the North. East corner of premises conveyed
to Gerald R, Bass by deed dated July 23 , 1921 , and recorded July
25, 1927, in book 81 of deeds , page 62; thence North 89 degrees
55 ' West along the North line of said premises and said North
line continued 168 feet to the Northerly corner of premises con-
� '' veyed to Gerald R. Bass by deed dated August 25 , 1927, and re-
corded August 26, 1927, in book 81 of deeds , page 76 ; thence South
45 ' East 20 feet; thence North 89 degrees 55 ' West 20 feet; thence
North W West 120. feet; thence South 89 degrees 554 East 28 feet
to the place of beginning, in the Village of Bristol , Kendall
County, Illinois,
j
ORDINANCE NO. /0 -1970
AN ORDXVANCE GRANTING AUTHORIZATION TO
CGNS';7,TDATED CABLE UTILITIES , INC.
TO G 1� �'L :.i :•T, OPERATE AND NAI►1TAN A
CO1,R4UNITY 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. SORT TITLE. This ordinance shall be known
and Tn.--,r be c_'.t:ed as the Yorkville Community Antenna Television
�urq_inance.
Section 2. DEFINITIONS. For. the purposes of this ordinance,
the following terms , phrases , words and derivations shall
have the meaning given herein. iTtien not inconsistent with
Lhe cc-atext, wore; _--- used in 4 ae ,present tense include the
future, words in the plural number include the singular
number, and words in tlae 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 urea in the construction, operation and maintenance
of the community antenna '`,_,vision system herein
authorized.
f. "Utility" means any public utility doing business
in the City.
g. "Service" means community antenna cable television
service.
WPM
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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 wirer . 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
_.
pit
-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 C7...- -. those owned by the Operator. This
paragraph sha not be construed to restrict the Operator
from connecting its distribution system to television sets
or other—zlectronic instruments . Operator agrees not to
engage in the business of removing or installing antennas .
This shall exclude 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 , , udgments , 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 Insurance 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 h. ring 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 reque-st 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 utility in connection with the provision
of such service under an agreement of the
type contemplated by Section 3 hereof) to the following
;
buildings within the City; all municipal build-
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 dropline 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
irate 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
interfe:-e with the operation of the CATV
system.
Section 6 . COk .:MTIONS OF STREET OCCUPANCY AND SYSTEM
CONSTR'JC^-1 ON.
a. USE. 'All structures , lines and equipment
erected or installed by Operator within the
City shall be so 'Located as not to cause
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 surfacin,^ . Operator shall, at its
own expense and in a manner approved by the
City, replace and restore such places so dis-
uarbed in as good condition as before said work
was co-irimenced, and shall maintain the restoration
in a good condition approved by the City
fora 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. PLACEMMENT 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
publc 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. FERi'AITS FROM OTHERS . Operator shall be
responsible for securing any rights-of-way,
easements , permits or agreements from any other
Atpersons or utilities that may be needed by
Operator for any reason.
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Section 7. 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 unreasonably wa.t-;�''l^i,<�) 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
ane 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. CUSTOM-77R 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%.
(S Components having voltage standing wave
ratio of 1. 4 or less .
(6) Operator guarantees that there shall be
063 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 -he 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. PAYALNTS TO CITY.
a. PAY'K)ENT. T-1e Operator agrees to pay to the
City for the privilege of operating a CATV system
under this franchise three (3%) percent of
all gross operating revenue.
b. i`fJ07",_,R OF PAY a,NT. All payments of such tax
or fee shall be made to the City semi-annually
and ;.11 be due on or before August 1 and
February I.of each year commencing with the
year _n ""i-A'ch Operator begins to render
service in the City.
Section i2 . R CORDS AND REPORTS. On or before March 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 r-Tenue raceived by Operator from' the operation of the
system within the City' during the preceding year.
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Section 13 . TERM 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 shall 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 ana controlled by all of the provisions
of "ie laws of the State of Illinois and of the United
States , and State and Fed -al 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 receivershzp of Operator , all rights herein
given to Operator shall -at the option of the City be forfeited
and terminated.
Section 16 . SALE OR TRNTSFER 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 -ity Cojacil. Provided, however, that no sale or
transit-2r s -,all ;e effective until the veaik.,'t a 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 , 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 co^:.munications
service authorized by any Federal agency.
Section 18. FINAL TEMMINATION OF THE ORDINAINCE. Upon
termination of the ordi.nance the Operator shall remove its
cables , wires and equipment from all poles of the City and
all space rese-r- for the City' s use on poles belonging to
others. If not so removed, the City shall have zhe right to
remove or have its contractor ' reu4ove them at the risk, cost,
- and expense of t_'he Operator and without any liability therefor.
Section 19 . SrPARABI1.1TY. 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. CG�N L1CT1TN'G ORDINANCES. Mnere the provision
of any ordinance or parts of orcinanCes are in conflict
herewith, the -more restrictive regulation apply.
Section 21. EFE :"-: L DATE.. This ordinance, if accepted
by Opera: -r, shall be in full force and effect on or after
19 �I
PASSED By '' ;.El CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE
OF YORKVILLE, i;, .._t:�OIS, tciis Day of
19 .
City C er
APPROVED BY THE MAYOR OF THE UNITED CITY
OF THE VILLAGE OF YORKVILLE, ILLINOIS, this
da f 19
ATTEST :'u