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COMMUNITY TELEVI SFIflI�I FRANCHI SE
AN ORDINANCE GRANTING `m THE FLINOISC�C RPURATIONTEprA
, TELEVISION SYSTEM, INC . , AI� IL
'�3�' RIGHT T�
f THE CITY OF Ct�NTON , STATE OF 1LLINOIS , � ALONG, ACR�SS,
ERECT, MAINTAIN AND +�PERAT� IN , UNUER, t�VER,
SIDEWALKS ALLEYS ,
AND U�ON TH� STREETS, LANES , AVENUES, �
BRIllGES , HIGHWAYS AND �THER PUBLIC PLACES IN THE CITY
�F CAN TON, ILLINOI S , ANU SUB SE(�UEI�T ADUI TI+JN S THER�TU,
OR T(? CUNTRACT WITH ALL HOLDERS OF PUBLIC LICENSES AND
FRA�;CHISES WITHIN THE Ct�RPORATE LIMITS �F SAID CITY
INCLUDING BUT NOT LIMITED 'I� ILLIN�IS BELL TELEPH�NE
COMPANY AND CENTRAL ILLIN�TS PUBLIC SERVICE CJMPAI�Y,
THEIR ASSIGNS �R SUCCESSORS , FOR THE PRJVISI�JN OF , THE
NECESSARY FACILITIES F�R TH� TRANSMISSION AND DISTRIBUTIC}N
OF TELEVISI�N IMPULSES , TELEVISI�I� ENERGY AND � ,M, RADI�,
FOR SALE T� THE II�HABITANTS OE' �AID CITY, AND OTHER
PURPQSES , FJR A PERI�D �F TL�ENTY-�IVL (25) YEr�RS , ANT�
REGULATING THE SAME .
BE IT QRDAINEI3 BY THE CITY CQUNCIL OF THE CITY t�F CA1�Ti�Iv , ILLIN�IS,
Section 1 , In consideration of the faithful performance and
observance of the conditions and reservations hereinafter specified,
the ri�ht is hereby granted to the Fulton Community Antenna Television
System , Inc . , an Illinois corporation, its successors , assigns or
designees , hereinafter referred to as "the Company" , the right to
erect , maintain and operate television and F,M, radio transmission
and distribution facilities and additions thereto in, under , over,
alon�, across and upon the streets , lanes , avenues, sidewalks, alleys ,
bridges and other public places in the City of Canton , ILlinois ,
and subsequent additions thereto, or to contract with all holders
of public licenses and franchises within the corporate limits of
said city including but not ?imited to I1linois Bell Telephone
Company and Central Illinois Public Service Company, their assigns
or successors , for the provision of the necessary facilities for
the transmission and distribution of television impulses , television
energy and F,M, radio , in accordance with the laws and regulations
of the United States of America , and the State of Illinois , and
ordinances and regulations of tr.e City of Canton for a period of
twenty-five (25) years ,
Section 2 . The distribution system of the Company to be here-
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after installed sha11 not be abandoned either in whole or in part
without the consent of the City Council of the Cit;T of Canton,
Illinois . In the event of a faiZure of the Company to com�ence
construction of the system within one year after the enactment of
this ordinance, or in the event of the failure of the Company to
render community television service to the City of Canton,
Illinois , and the inhabitants thereof , as contemplated and provided
for by this ordinance, within a period of two years from the effective
date of this ordinance, the Gity Council shall have the right, on
reasonable notice to the Company, to declare this ordinance and the
rights and franchise �ranted thereunder forfeited; provided, however,
failure to comply with these terms by reason of circumstances beyond
the reasonable control of the Company which could not be anticipated
at the time of the acceptance of its terms by the �ompany, shall
not be sufficient grounds to declare a forfeiture,
Section 3 . Wherever used in this ordinance the words
"television" and "F,M, radio" sha11 mean a system for transmission
of audio signals and visual images, generally associated with
television and F,M, radio, by means of electrical impulses .
SPCtion 4. There is hereby granted the further right, privile�e
and authority to the ComFany to lease, rent or in any other manner
obtain the use �f towers , poles , lines , cables and other equipment
and facilities from any and a11 holders of public licenses and
franchises within the corporate limits of the City of Canton,
I1linois, includin,� but not limited to the Illinois Bel1 Telephone
Company or Central Il.linois public Service Company, their assi�ns
. or successors , and to use such towers , poies , lines , cables and
other equipment and facilities, subject to all existin� and future
ordinances and regulations of the City,
Section 5. The company sha11 have the right to erect and
maintain its own poles as may be necessary for the proper construction
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and maintenancE of the television distribution system, subject to
the approval by the City Council of the City of Canton , Illinois ,
or of its duly appointed an� acting City Engineer of said city, of
the location of such poles. The Company' s transmission and dis-
tribution system poles , wires , and appurtenances shall be located ,
erected and znaintained so as not to endanger or interfere with the
lives of persons , or to interfere with new improvements the City
may deem proper to make, or to unnecessarily hinder or obstruct the
free use of streets , alleys , brid�es or other public property;
removal of the Company' s poles to avoid such interference wi11 be
at the Company' s expense, Construction and maintenance of the
transmission distribution system shall be in accordance with the
provisions of the National Electrical Safety Code, prepared by
the National Bureau of Standards , the iVational Electrical Code of
the I�ational Board of Fire Underwriters , and such applicable
ordinances and regulations of the City of Canton , I1linois, affecting
elec�rical installations , which may be gresently in effect , or changes
by future ordinances ,
All installations of equipment sha11 be of permanent nature,
durable , and installed in accordance with good engineering practice,
and of sufficient height to cornply with a11 existing City regulations ,
ordinances , and state laws so as not to interfere in any manner with
the right of the public or individual property owner, and shal.l not
interfere c�-ith the travel and use of �ublic places by the public
and during the construction, repair, or removal th�reof , sha11 not
obstruct or impede traffic ,
Section 6 . In the maintenance and operation of its television
and P',M, radia transmission and distribution system in the streets ,
alleys and other public places , and in the course of any new
construction or addition to its facilities , the Company sha11 proceed
so as to cause the least possible inconvenience to the general. public ,
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and shall comply with all applicable 1aws , ordinances , and regulations
and shall restore said street, a11ey, or other public place to its
� original condition at the erpense of the Company; any opening or
obstruction in the streets or other public places made by the Company
in the course of its operation sha11 be guarded and protected at
all times by the placement of adequate barriers , fences , or boardings ,
the bounds of which, durin� periods of dusk and darla.�ess, shall be
clearly designated by red warning lights .
Section 7 , The Com�any sha�_1 grant to the City, free of expense,
joint use of any and a11 poles owned by it for any proper municipal
purpose acceptable to the Company, insofar as it may be done without
interferin� with the free use and enjoyment of the Company' s own
wires and fixtures, and the City sha11 hold the Comp�any harmless
from any and a11 actions , causes of action, or damage caused by the
placing of the City' s wires or appurtenances upon the poles of the
Company, Proper regard sha11 be given to all existing safety rules
governing construction and maintenance in effect at the time of
construction,
Section 8 . The Company sha11 indemnify, protect and save harmless
the City from and against losses and physical damages to property,
and bodily injury or death to persons , including payments made under
any Workmen' s Compensation Law, which may arise out of or be caused
by the erection, maintenance, presence, use or removal of said
attachments ori poles within the City, or by any act of the Company,
its agents or employees , The Company sha11 carry insurance, to
p�otect the parties hereto from and against all claims , demands,
actions, judgments , costs, expenses , and liabilities which may arise
or result , directly or indirectly from or by reason of such 1oss ,
injury or damage, The amounts of such insurance against liability
due to physical damages to property sha�l not be less than Twenty-
Five Thousand and no,�100 Dollars ($25 ,000,00) as to any one accident
and not less than Two Hundred Thousand and no/100 Dollars ($200 ,000.00)
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aggregate in any single policy year; and against liability due to
bodily injury or to death of persons not less than One Hundred Thousand
and no�100 llollars ($1U0 ,00Q ,00) as to any one person and no less
than Three Hundred Thousand and no!1J0 Dollars ($300 ,000.00) as to
any one accident, The Company shall also carry such insurance as
it deems necessary to protect it from a�l claims under the Workmen' s
Compensation Laws in effect that may be applicable to the Company,
All insurance required by this Agreement shal_1 be and remain in
fu11 force and effect for the entire life of this A�reement , Said
policy or policies of insurance or a certified copy or copies thereof
shail be approved by the city attorney of said City and then deposited
with and kept on file by the city clerk,
Section 9, At the time this f ranchise becomes effective, the
Company sha11 furnish a bond to the City in the amount of Five Thousand
and no/100 Dollars ($5 ,000 ,00) , in such form and �ith such sureties
as shall be acceptable to the City, guaranteeing the faithful
performance of a11 of the obligations of the Company under the terms
of this franchise. At the end of a five (5) year term from the
effective date of this franchise the Company shall furnish a bond to
the City in the amount of Ten Thousand and no/100 Uollars ($10 ,000 ,00)
in such form and with such sureties as shall be acceptable to the
City, guaranteeing the faithful performance of a11 of the obli�ations
of the Company under the terms of this franchise.
Section 1U , Installations sha11 be maintained so as not to
interfere with TV reception alr�ady in existence,
Section 11. The Company agrees to install sig;nal distribution
facilities subject to satisfactory pole clearance and pole rental
arrangements to al1 residents of the City with a population density
of Fifty (50) homes per mile of system or more.
Section 12. The Company a�rees to maintain in the City of Canton
a local office for the benefit of the subscribers of the City of
Canton and sha11 maintain reasonable hours , at such office, for the
conduct of its business , The Company further agrees that a11 rates
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arid char�es exacted by the Company sha11 be fair, reasonable, just
and uniform. The primary connection or installation fee sha11 not
exceed the sum of Fifteen Dollars ($15 .00) , The monthly service
charge to a subscriber sha11 not exceed Five UolLars ($5 ,00) per
month for a single outlet residential. installation, That for such
charge the Company sha11 provide six (6) viewing channels. The Company
sha�_1 have the right to charge an additional sum of One Do11ar
($1 ,00) per month for any additional channels provided to its cus-
tomers where such additional channel provides substantially different
telPVision viewing and the company incurs additional e:�pense in
providing such additional channel for its subscribers, The Company
sha11 also have the right to charge its subscribers an additional
sum of One llollar ($1 .00) per month for each extra connection
serving additional sets placed in the home of the subscriber. Each
subscriber shall be entitled to as many extra connection installations
as can be feasibly placed in the home upon a�reement to pay the
installation �harge, the monthly sin�le outlet insta?lation charge,
and the sum of t?ne Do11ar ($1 ,00) per month for each extra connection
installed in �he subscriber' s home.
Said sin�le outlet residential monthly service rate as herein
provided shall be in effect upon the enactment of this ordinance
and shal.l continue thereafter, provided , however, that the Company
reserves the right to increase this monthly rate in the followinp
manner and procedure:
The Company shall notify the City in writing by registered
mail of the proposed rate chan�e in the S3_riale outlet monthly
rate, Within twenty-one days of the receipt of the registered
letter by the City, the City must arrange a meeting between
the Company, and the City to discuss the proposed rate change.
If the City does not agree with the Company re�arding the
rate increase within fifteen days of the first meeting with
the Company, then a Board of Arbitrators shall be selected,
The Board of Arbitrators shall be composed of five (S) members ,
two to be selected by the City , two to be selected by the
Company, and the fifth to be selected by the four aforementioned
representatives on the Board of Arbitrators , Said Board of
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Arbitrators are to render a decision for or against the rate
change after fifteen days from the date of their appointment
to said Board, Any decisions made by such Board of
Arbitrators shall be in writing and a copy thereof , duly
authenticated , shall be delivered on the day said decision is
rendered to each, the Company and the City, and shall be binding
upon a11 parties concerned ,
The determination of the Company' s rates shall be subject solely
to the Rules and Regulation of any 5tate or Federal authority
which may subsequently, by due process of law, acquire jurisdiction
over this type of industry or enterprise ,
Section 13 , In consideration of the grantin� of this franchise
to the Company as aforesaid , the Com�any will furnish without
instal. lation charge or monthly service fee a sin�le outlet to any
of the City departmental. offices within the service area of the
Company, if and when re4uested to do so; but such outlet shall not
exceed an aggregate tota?_ of ten, A1so the Company further agrees
that upon written request to the Company, without installation
charges or a monthly service fee , to furnish a single outlet to the
Graham Hospital Association of the City of Canton , I1linois , and
also to any of the schools of ilistrict �'�66 located within the City
of Canton , Il.linois ,
Section 14, 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
wi11 pay to the City of Canton, in lieu of license fees and taxes
of every nature and description, a sum equal to 3% of the gross
receipts from the sale of television im�u�ses , tElevision ener�y and
F,M, radio within the then e�isting cor�'orate limits of the City
of Canton for domestic or residential consumption,
Such payment by the Company to the City shall remain in force
and effect for a period of five (5) years , at which time the parties
agree that the matter of the amount to be paid by the Company to
the City may be reviewed by the parties , Upan proof being made
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that the payment is inadequate or that the payment is ex.cessive,
the rate shall be changed by agreement between the parties , In
the event the parties cannot agree , the matter of the rate paid by
the Company to the City shall be submitted to the Boa rd of Arbitrators
set out in Section 12 hereof , and the parties sha11 be bound by
the decision of said Board of Arbitrators,
The question of the excessiveness or inadequacy of the rat�s
may be reviewed in the above manner at the end of every five year
period during the existence of this ordinance,
Section 15 . Should any section, clause or provision of this
ordinance be declared invalid by a Court of record, the same shall
not affect the validity of the ordinance as a whole or any part
thereof , other than the part so declared invalid ,
Section 16. This ordinance shall take effect and be in force
from and after its passage by the City Council ,
Passed , adopted and approved this �� day of August,
1965 .
CITY Jr C�NT'.�C: , ILLIN"�IS,
!'rL.-t-L.�1,���
Mayor
TEST•
City Clerk
ACCEPTED:
FULTON COMMUNITY ANTCNNA T�LEVISIL�N
SYST�.M, INC . ,
By��
����.:'"��_ �
�resident
ATTEST: �
// � ,� a : � � <�i �
Secretary.
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