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HomeMy WebLinkAboutOrdinance #147 .d,� l , ;. ,� � . ' �.��! Read: G�111�.L1 S��/�� r .. �• • .� . ' `. �� . 6 A�i1�S, 6 NAYS (def eated),: c�<-�_� i',% i y 6_s"�;��.�� _,�`� -�4-.��2-"N,.c��.�( _� / �? , 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- r • � � • • �• � � `` a �• f' � � � , . � � r � � 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 (2) �. , � , • < ' +• t . .l � . � • � t � 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 , (3) � , , . , , . . • Y t . . ' . 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) (4) ., „ i . ' , � ' , 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 (5) ' � � � � , . � 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 (6) . • . � � �' � ,' 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 (7) , * . • . .r � . ' . � ' � 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. (8)