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HomeMy WebLinkAboutOrdinance #333� y • r ORDINANCE No. 333 COMMUNITY TELEVISION FRANCHISE AN ORDINANCE GRANTING TO THE FULTON COMMUNITY ANTENNA TELEVISION SYSTEM, INC., AN ILLINOIS CORPORATION, OF THE CITY OF CANTON, STATE OF ILLINOIS, THE RIGHT TO ERECT, MAINTAIN AND OPERATE IN, UNDER, OVER, ALONG, ACROSS, AND UPON THE STREETS, LANES, AVENUES, SIDEWALKS, ALLEYS, BRIDGES, HIGHWAYS 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 LIMITED TO ILLINOIS 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, FOR DISTRIBUTION TO THE INHABITANTS OF SAID CITY, AND OTHER PURPOSES, FOR A PERIOD OF TWENTY -FIVE (25) YEARS, AND REGULATING THE SAME. / BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS. x SECTION 1. In consideration of the faithful performance and observance of the conditions and reservations hereinafter specified, the right 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 therdto in, under, over along, 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 includ- ing but not limited to Illinois Bell Telephone Company and Central Illinois Public Service Company, their assigns,or successors,for the provision of the necessary facilities for the transmission and distri- bution 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 the City of Canton for a period of twenty -five (25) years. SECTION 2. The distribution system of the Company to be hereafter installed shall not be abandoned either in whole or in , part without the consent of the City Council of the City of Canton, Illinois. In the event of a failure of the Company to commence 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 -l- ordinance, within a period of two years from the effective date of this ordinance, the City Council shall have the right, on reasonable notice to the Company, to declare this ordinance and the rights and franchise granted 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 Company, shall not be sufficient grounds to declare a forfeiture. Periodic progress reports shall be made to the City. SECTION 3. Wherever used in this ordinance the words "television" and "F.M. radio" shall mean a system for transmission of audio signals and visual images, genErally associated with television and F.M. radio, by means of electrical impulses. SECTION 4. There is hereby granted the further right, privilege and authority to the Company to lease, rent or in any other manner obtain the use of towers, poles, lines, cables and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the City of Canton, Illinois, including but not limited to the Illinois Bell Telephone Company or Central Illinois Public Service Company, their assigns or successors, and to use such towers, poles, lines, cables and other equipment and facilities, subject to all existing and future ordinances and regulations of the City. SECTION::5. The company shall have the right to erect and maintain its own poles as may be necessary for the proper construction 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 and acting City Engineer of said City, of the location of such poles. The Company's transmission and distri- bution system poles, wires, and appurtenances shall be lbeated, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements the City may deem pr cper to make, or to unnecessarily hinder or obstract the free use of streets,.,alleys, bridges or other public property; removal of the Company's poles to avoid such interference will 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 National Electrical Code of the National Board of Fire Underwriters, and such applicable ordinances and regulations -2- of the City of Canton, Illinois, affecting electrical installations, which may be presently in effect, or changes by future ordinances. All installations of equipment shall be of permanent nature, durable, and installed in accordanne with good engineering practice, and of sufficient height to comply with all existing City regulations, ordinances, and state laws so as not to interfere in any manner with the right bf the public or individual property owner, and shall not interfere with the travel and use of public places by the public and during the construction, repair, or removal thereof, shall not obstruct or impede traffic. SECTION 6. In the maintenance and operation of its television and F.M. radio transmission and distribution system in the streets, alleys and other public places, and in the course of any new construc- tion or addition to its facilities, the Company shall proceed ao as to cause the least possible inconvenience to the general public and shall comply with all applicable laws, ordinances, and regulations and shall restore said street, alley, or other public place to its original condition at the expense of the Company; any opening or obstruction in the streets or other public places made by the Company in the course of its operation shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by red warming lights. SECTION 7. The Company shall grant to the Uty, free of expense, joint use of any and all poles owned by it for any proper municipal purpose acceptable to the Company, insofar as it may be done without interfering with the free use and enjoyment of the Company's own wires and fixtures, and the City shall.hold the Company harmless from any and all 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 shall be given to all existing safety rules governing construction and maintenance in effect at the time of construction. SECTION 8. The Company shall indemnify, protect and -save harmless the City from and against losses an d 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 on poles within the City, or by any act of the Company, its agents or employees. The Company shall carry insurance to protect the parties hereto from and against all claims, demands, -3- 0 Company, If and when requested to do so; but such outlet shall not exceed an aggregate total of ten. Also 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, Illinois, and also to any of the schools of District #66 located within the City of Canton, Illinois. 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 will pay to the City of Canton, in lieu of license fees and taxes of every nature and description, a sum equal to a percentage of the gross receipts from the service of distribution of television impulses, television energy and F.M.radio within the then existing corporate limits of the City of Canton for domestic or residential consumption as set forth in the following schedule: NUMBER OF SUBSCRIBERS RATE 1,000 or less 3.00% gross receipts More than 11000 but less than 21000 3.25916 gross receipts More than 2,000 but less than 31000 3.50% gross receipts More than 3,000 but less than 4,000 3.759/6 gross receipts More than 4,000 but less than 5,000 4.009/6 gross receipts More than 51000 4.259/6 gross receipts For the purpose of determining the number of subscribers considered by this section, all those areas directly contiguous to the City of Canton although not within the city limits of the City of Canton which are not represented by C. A. T. V. agreements, shall be deemed to be within the city limits of Canton under the terms of this franchise until such time as county, township, or some other political subdivision establishes controls over such contiguous area and requires a franchise and payment of fees or other remuneration for the operation of a cable television system- therein. 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. Upon proof being made that the payment is inadequate or that the payment is excessive, the rate shall be changed by agreement between the parties. In WIM actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to physical damages to property shall 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) 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 /�QO Dollars ($100,000.00) as to any one person and no less than Three Hundred Thousand and no /100 Dollars ($300,000.00) as to any one accident. The Company shall also carry such insurance as it deems necessary to protect it from all claims under the Workmen's Compensation Laws in effect that may be applicable to the Company. All insurance required by this Agreement shall be and remain in full force and effect for the entire life of this Agreement. Said policy or policies of insurance or a certified copy of copies thereof shall 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 franchise becomes effective, the Company shall furnish a bond to the City in the amount of Five Thousand and no /100 Dollars ($5,000.00), in such form and with such sureties as shall be acceptable to the City, guaranteeing the faithful performance of all 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 Dollars ($10,000.00) in such form and with such sureties as shall be acceptable to the City, guaranteeing the faithful performance of all of the obligations of the Company under the terms of this franchise. SECTION 10. Installations shall be mainta%.ed so as not to interfere with TV reception already in existence. SECTION 11. The Company agrees to install signal distribution facilities subject to satisfactory pole clearance and pate rental ' arrangements to all residents of the City with a population density of Fifty (50) homes per mile of system or more. SECTION 12. The Company agrees to maintain in the City of Canton a local office for the benefit of the subscribers of the City of Canton and shall maintain reasonable hours, at such office, for the conduct of its business. The Company further agrees that all rates and charges exacted by the Company shall be fair, reasonable, just and uniform. The primary connection or installation fee shall not exceed the sum of Fifteen Dollars ($15.00). The monthly service charge to a subscriber shall not exceed Five Dollars ($5.00) per -4- month for a single outlet residential installation. That for such charge the Company shall provide six (6) viewing channels. The Company shall have the right to charge an additional sum of One Dollar ($1.00) per month for any additional channels provided to its customers where such additional channel provides substantially different television viewing and the company incurs additional expens,e in.praviding such additional channel for its subscribers. The Company shall also have the right to charge its subscribers an additional sum of One Dollar ($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 agreement to pay the installation charge, the monthly single outlet installation charge, and the sum of One Dollar ($1.00) per month for each extra connection installed in the subscriber's home. Said single outlet residential monthly service rate as herein provided shall be in effect upon the enactment of this ordinance and shall continue thereafter, provided, however, that the Company reserves thezLght to increase this monthly rate in the following manner and procedure: The Company shall notify the City in writing by registered mail of the proposed rate change in the single 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 regarding 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 (5) 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 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 all parties concerned. The determination of the Company's rates shall be subject solely to the Fules and Regulation of any State 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 granting of this franchise. to the Company as aforesaid, the Company will furnish without installation charge or monthly service fee a single outlet to any of the City departmental offices within the service area of the -5- the event the parties cannot agree, the matter of the rate paid by the Company to the City shall be submitted to the Board of Arbitrators set out in Section 12 hereof_, and the parties shall be bound by the decision of said Board of Arbitrators. The question of the excessiveness or inadequacy of the rates 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 March, 1971. CITY OF CANTON, ILLINOIS, ATTEST: CCITY CLERK. ACCEPTED: FULTON COMMUNITY ANTENNA TELEVISION SYSTEM, INC., BY: PRESIDENT ATTEST: SECRETARY. AMENDMENT: Alderman Farr moves to amend Section 14 to include one and one -half mi]e radius, Alderman Kovachevich seconds motion. toll call vote: AYE: Aldermen Howard Rupe, Svob, Farr Sepich Hurst Long, Edwardsp Kroell, Williams, Yertic, Spencer, and kovachevich. NUY: None. -7 and last-