HomeMy WebLinkAboutOrdinance #1326r
~~1326
AN ORDINANCE AMENDING AND EXTENDING THE TERM OF
FRANCHISE ORDINANCE NO. 333 PASSED MARCH 16, 1971, GRANTED TO
TCI OF ILLINOIS, INC., SUCCESSOR TO FULTON COMMUNITY ANTENNA
TELEVISION SYSTEM, INC. IN THE CITY OF CANTON, ILLINOIS
WHEREAS, the City of Canton granted to Fulton Community Antenna Television System,
Inc., subsequently transferred to TCI of Illinois, Inc., the right to operate and maintain
television and FM radio transmission and distribution facilities in the City of Canton for a
term of twenty-five (25) years to and including March 16, 1996; and
WHEREAS, Ordinance No. 333 was subsequently amended by Ordinance No. 1071 passed
June 18, 1985, extending the term of the agreement an additional period of ten (10) years
to and including March 16, 2006; and
WHEREAS, the City and the Company have agreed to amend and extend the Franchise
Ordinance; and
WHEREAS, the City Council of the City of Canton has found good grounds, therefore:
BE IT HEREBY ORDAINED BY THE CITY OF CANTON, ILLINOIS:
I. That the Ordinance dated March 16, 1971, subsequently amended by
Ordinance dated June 18, 1985 between TCI of Illinois, Inc. and the City of
Canton, is hereby extended under its same terms and conditions as are
currently in effect, except as amended herein, for a term of ten (10) years
from and after the expiration of its current term, to and including March 16,
2016.
II. That Section 12 of Ordinance No. 333 and as subsequently amended by
Ordinance No. 1071 shall be deleted in its entirety and replaced with the
following:
The Company agrees to maintain and disseminate to its
customers in the City of Canton a toll free number to be used
for its Canton area subscribers for trouble calls, work orders,
change of service ,billing inquiries, and other related matters.
The Company shall maintain within the City of Canton a
depository where citizens may, during normal business hours,
pay their bills.
III. That Section 14 of Ordinance No. 333 and as subsequently amended by
Ordinance No. 1071 shall be deleted in its entirety and replaced with the
following.
In further consideration of the granting of this franchise to the
Company, for service furnished within the City limits of Canton,
or subsequent additions thereto, the Company will pay to the
City of Canton, in lieu of license fees and taxes of every nature
and description, a sum equal to five percent (5%) of the gross
receipts from the service of distribution of television impulses,
television energy and FM radio within the existing corporate
limits of the City of Canton for domestic or residential
consumption.
IV. That Ordinance No. 333 is further amended by the addition of the following
provisions:
A. That Company will provide to the City, for use on the Educational and
Governmental Access Channel, camera and Audio-Video Mixer
equipment as set forth in Exhibit A attached hereto.
B. That in the case of any emergency or disaster, the Company shall,
upon request of the City, make available its facilities for the City to
provide emergency information and instructions during the emergency
or disaster period. The City shall hold the Company, its agents,
employees, officers, and assigns hereunder, harmless from any claims
arising out of the emergency use of its facilities by the City, including,
but not limited to, reasonable attorneys' fees and costs.
C. That Company shall provide a two way line from the City Hall to the
headend that will enable the City to broadcast live from the City Hall.
D. The City hereby grants Company the privilege to operate the system
within the corporate limits of City as the same now or in the future
may exist.
(1) In the event the boundaries of City expand, Company shall
extend service within eighteen (18) months of the date of
annexation, provided that the newly annexed portion of the City
contains a ratio of at least thirty (30) homes per mile adjacent
to the existing program.
(2) Installation or subscriber use of cable communications system
service which involves the retransmission of the signal to
multiple reception points within a structure shall be negotiated
by Company and the owner of the structure.
V. That all requirements and provisions of Ordinance No. 333 dated March 16,
1971; Ordinance No. 1071 dated June 18, 1985 and this Amending and
Extending Ordinance shall be subject to applicable federal, state and local
law, and all requirements and provisions of said Ordinance No. 333 and
Ordinance No. 1071 not amended by this Ordinance continue in full force and
effect.
VI. That this Ordinance shall be in full force and effect immediately upon its
passage by the City Council of the City of Canton, Fulton County, Illinois, and
approval by the Mayor thereof.
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PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular
meeting this 5th day of November , 1991, upon a roll call vote as follows:
AYES: Aldermen Meade, Sarrf, Coay, Molleck, Mayor Edwards,
NAYS: ~-dermen May, Barnett, Bohler, Steck,
ABSENT: None.
APPROVED:
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Mayor
ATTEST:
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City Cler
Accepted this day of , 1991 by TCI of Illinois, Inc., subject to
applicable federal, state and local law.
By:
Title: