HomeMy WebLinkAbout1881_0016/12/81
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13 OF THE
MUNICIPAL CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Subsection A of Section 13.107 of Chapter 13 of the
Municipal Code of the Village of Mount Prospect be, and the same is hereby
amended to increase the number of Class "W" licenses by one (1) by adding
thereto the language "Four (4)" as it appears in said Section 13.107 A and
by substituting herefor the language 11 Five (5) "; so that Section 13.107 A
shall hereafter be and read as follows:
Five
Class A Licenses
Nineteen
Class B Licenses
Nine
Class C Licenses
Two
(2)
Class D Licenses
One
(1)
Class E Licenses
Two
(2)
Class L Licenses
One
(1)
Class M Licenses
One
(1)
Class P Licenses
Ten
(10)
Class R Licenses
One
(1)
Class V Licenses
Five
(5)
Class W Licenses
SECTION TWO: This Ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
PASSED and APPROVED this day of 1981.
AYES:
NAYS:
Village Clerk
A
Ifl
1W
V
14*
Village President
Butch McGuires, Ken's Den, Midwest Liquors, Mrs. P & Me,
Wille Liquors
Carons' Meat N Place, Charlie Club, Dover inn, El Sombero,
Evans, Four Seasons,, Gapers, . Jakes, Pizza, Kanpai Steak House,
Monterey Whaling Village, Pizza Hut, Red Lobster, Sam's Place,
Second Dynasty, Stagger Leels, Striking Lane, Shogun,
Thunderbird, Ye Olde Town Inn, The Reunion
Alvee Liquors, Balzarno Liquors, Dominicks, Golf Eagle Liquors
Liquor Shoppe Osco . Mount Prospect Liquors, Walgreen's (Plaza),
Walgreen's (Golf & Elmhurst)
Moose Lodge #660, VFW
Mr. Peters
Captains Steak Joynt, Kallen's Restaurant
Holiday Inn (Raffles)
Arlington Club Beverage
Artemis, Fellinils, Honey Bee, jojos, Patisserie, Pepe's Tacos,
Romance Restaurant, Sakura, Sue Mee, Torishin
Koyotoya Corp.
Carl's Pizzeria, Moloney's FamiLy Restaurant Sizzler Steak House,
Wag's Restaurant, Wa-Pa-G etti l s
..........
June 24, 1981
Mr. Terry Burkhardt
Village Manager
Village of Mt. Prospect
Mt. Prospect, Ill. 6 0056
I Ir- ?A MR
Further to our conversations, I would like to confirm that the
approval of a beer and wine license for Moloney's will be contingent
upon th,e nodification of our outside signage, to elijuinate, the phrase
"Ice Cream, Parlour" fra,'n both the building sign and the pylon s ign.
The building sign will, only carry the nam "�Ioloneyls" iOAle the
i
will be aangedto read "Mbiloney's Re-staurant". I am
ylon, si,cm,
confident that these changes will meet with the board's satisfaction.
0
If' you have any further questions, or require any additli onal inf6rmat "ion ,
please do not hesitate to contact me. Thank you for your, tliTe and your
cooperation.
Sincerely,
44
E. L. Ellis
President
de loft
0
. . . . . . . . . . . 1827 Walden Office Square, Schaumburg, Illinois 60196 (312) 397-1200
. ......... . . .... ... ... .. ... .... ... . ......... .... .... ............ ... ....
ORDINANCE NO,
AN ORDINANCE AMENDING CHAPTER -13 -CSF THE
MUN I C I P,AL CODE
BE IT ORDAI14ED BY THE PRESIDENT AND BOARD OF TRUSTEES, OF THE
VILLAGE OF MOUNT PROSPECT, COOK
COUNTY, ILLINOIS,:
SECTION ONE: That Section 13-107 of Chapter 13 of the
Runicipal Code of the Village. Mount
of Prospect
. same is hereby amended by addingthey-�t�, p be', and
the
to read as follows: a new Subsection
G
N . .
"C. Upon the failure of the wcensee, :dor
whatever reason, to utilize the liquor
license
obtained for the uses or any, of
the
uses authorized by the 1licensel,
which failure continues for an uninter-
rupted period of six (6) months, the
license shall be considered to be
abandoned and shall automatically be-
come void, -and the number of available
licenses listed in Subsection .A herein --
above shall automatically be reduced by
the voidance of sucdh license, "
;SECTION TWO,: This Ordinance shall be in full ford and
from and, after its
effect
t
asses e
provided b law. P � ' approval and publication in
y
the manner
PASSED and APPROVED this day of
- -
, 19 81.
AYES:
NAYS
ABSENT:
VILLAGE PRESIDENTT
6/29/81
ORDINANCE NO.
AN ORDINANCE DESIGNATING AN ALTERNATE REPRESENTATIVE
FOR THE VILLAGE OF MOUNT PROSPECT TO THE
BOARD OF DIRECTORS OF THE NORTHWEST SUBURBAN
MUNICIPAL JOINT ACTION WATER AGENCY
WHEREAS, I
.. the President and Board of Trustees of the Village of Mount Prospect
has passed Ordinance No. 3081, which Ordinance approved the Northwest
Suburban Municipal Joint Action Water Agency Agreement; and
WHEREAS, said Agreement requires an alternate representative to be appointed
to the Board of Directors of the Northwest Suburban Municipal Joint Action
Water Agency*
NOW s THEREFORE t BE IT ORDAIN -ED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President and Board of Trustees of the Village of
Mount Prospect hereby designate and appoint Gerald L. Farley as the alternate
representative on the Board of Directors of the Northwest Suburban Municipal
Joint Action Water Agency with full authority and responsibility of a regular
Board member for the purpose of participating in discussion and voting upon
decisions of the Northwest Suburban Municipal Joint Action Water Agency in
the absence of the -Village President of the Village of Mount Prospect.
SECTION TWO: This Ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
PASSED and APPROVED this day of
AYES:
NAYS:
ABSENT.
PASS:
ATTEST:
Village Clerk
lusm=
' 4 "
Village President
Mount Prospect, IffiIs
no'
INTEROFFICE MEMORANDUM
TO: Terrance L. Burghard, Village Manager
FROM: Kenneth H, Fritz, Director of Community Development
SUBJECT: ZBA-6-V-81, Stanley Fedko, 218 S. Louis Street
DATE: July 1, 19 81
The petitioner's request was before the Village Board at its
June 16, 1981 meeting and was remanded back to the Zoning
Board for reconsideration. The request is a variation to
expand an existing driveway in the required front yard, The
Zoning Board of Appeals held a second hearing on the request
on June 25, 1981 with a recommendation for approval. The
vote of the Zoning Board of Appeals was 5-1, with the re-
commendation contingent upon construction in accordance with
the petitioner's Exhibit No. 1 (attached) and written approval
from Mrs, Helen Medal, 216 S. Louis, regarding extension of
the driveway to the North and design of any retaining wall
necessary in the construction,
Community Development Staff recommended the request be con-
sidered in the context of a potential text amendment specifying
the maximum width of a driveway regardless of the size of the
garage,
Copiesof the report of the Zoning Board of Appeals, the
Community Development staff report, and Exhibit No. 1 are
attached.
KHF: hg
Attach,
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V I I GVH IrProspect-""""r
Mount Prosp%elct, Illinois
A
INTEROFFICE MEMORANDUM
ai k
TO: Gil Basnik, Zoning Board of Appeals .Chairman.
FROM: Comm, unity Development, Staf f
SUBJECT: ZBA-6-'V-81, Stanley Fed
LOCATION: 218 South Louis
DATE,- May 20, 1981
REQUEST:
A variation from Section 14.1102 and 14.2602.B.51 is requested to
permit the expansion of the existing driveway. Parking in the re-
quired front yard would, therefore be permitted by granting this
petition.
VILLAGE STAFF COPMENTS,
The staff departments were contacted and no negative comments were
received on this request. The Public Works Department indicated that
on -street parking would not be permitted.
COMMUNITY DEVELOPMEENT STAFF RECOMMENDATIONS
The pet1tioner's, request is actually based upon convenience rather than
hardship -as defined in the Zoning Ordinance. rhe. problem is not un: -
common 'throughout the Village. Many homes were built with a minimum
sef-ba*c'k and a one -car attached- garage. The- existence of two or more
vehicles in a family poses a problem of convenient parking. In this
particular case, there is adequate room on the South side of the home
to accomodate a driveway which could lead to off --street parking behind
the residence.
If the Board is inclined to act favorably on this petition, we would
recommend that one of the potential amendments to the Zoning Ordinance
include a maximum permitted width for driveways when crossing the
required front yard. A maximum width of 20 feet, for example, could
be permit -IL -.ed regardless of the number of off-street parking spaces
provided.
KHF 0- hg
CAROLYN H. KRAUSE
mayor
TRUSTEES
RALPH W. ARTHUR
GERALD L. FARLEY
LEO FLOROS
EDWARD J. MILLER ��■
NORMA J. MURAUSKIS Village of Mount ■ o s: a rc t
THEODORE J. WATTENBER+G
TERRANCE'L. BURGHARD 100 S. Emerson Mount Prospect, Illinois 60056
village 'manager
Phone 312 / 392'-SOOO
'REPORT C F PUBLIC HEARING
Hearing Date: June 25, 1981
Report Date: July 1, 1981
TO: THE HONORABLE MAYOR AND THE VILLAGE BOARD of 'T'RUSTEES
FROM*- Zoning Board of Appeals
REFERENCE,: ZBA-- 6--V- 8l
PETITIONER: Stanley Fedko
OWNER. Same
PROPERTY: 218 S, Louis Street ( Zoning .dap 9-S)
APPLICA.T'ION* The petitioner is requesting a. variation. from Sections
14.1102 and 14.2602.8.51 to permit the expansion of an exiting
driveway to allow parking in the required front yard.
NOTICE PUBLISHED YES
NEIGHBORS NOTIFIED. -YES
FINDINGS ON' VARIATION
The request is to widen an exl.sting driveway in. the front yard cif the
residence. Sufficient_ room exists on: the South side, of the home to con-
struct a new driveway leading to off-street parking in the rear yard,
The petition indicated the drive would, extend to the North line of an
existing sidewalk. and South approximately 4 feet. The "pillage hoard
remanded the case back to the Zoning Board of Appeals to reconsider the
previous vote and hear hath proponents and opponents of the case.
.Mr. & Mrs., David Robb, 217 S. Louis, testified in support of the request.
Susan Lueggers, 219 S. Louis also testified in support of the
petitioner. ,yrs. Helen Medal, 216 S. Louis, testified in opposition to
the petition but indicated that the improvement would be acceptable if it
extended only to the existing sidewalk''and potential grading problems
could be resolved
The Community Development staff recommended the Board consider the petition
in the broader context of a potential text amendment specifying the,
maximum width of driveways.
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Zoning Board of Appeals Meeting
June 25, 1981
Page Two
RECOMMENDATION
Mr„ Cassidy moved, seconded by 11r, Petkucelli to recommend approval of
this petition because of the reasonable mature of the request and the
existence of other similar existing situations elsewhere in the Village.
By a arcate of -1, with Mr. Shipman voting no, the petition was re-
commended for approval sub * ect` to construction in accordance with
petit caner' a Exhibit No. l and written approval from, Mrs. Medal re-
garding extension to the North and any retaining wall necessary for the
expansion
e
�:
R� c, 0`,, ' Secretary Chairman
ry.
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6/30/81
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER. 13 OF THE
MUNICIPAL CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT , COOK COUNTY , ILLINOIS:
SECTION ONE: That Subsection A of section 13.107 of Chapter 13 of the
Municipal Code of the Village of Mount Prospect be, and the same is hereby
further amended to increase the number of Class "B" licenses by one (1) and
by decreasing the number of Class "W" licenses by one (1) ; so that hereafter
the said section 13.107 A shall be and read as follows:
" Five
(5)
Class A Licenses
Twenty (20)
Class B Licenses
Nine
(9)
Class C Licenses
Two
(2)
Class D Licenses
One
(1)
Class E Licenses
Two
(2)
Class L Licenses
One
(1)
Class M Licenses
One
(1)
Class P Licenses
Ten
(10)
Class R Licenses
One
(1)
Class V Licenses
Four
(4)
Class W Licenses "
SECTION TWO: This Ordinance shall and effect from and after
approvalits passage,
PASSED and APPROVED this day of
NAYS:
ATTEST: Village President
Village Clem
1981.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
A. Butch McGuires , Den's Den, Midwest Liquors, Mrs. P & Me,
Wille Liquors
B Carons' Meat N Place, Charlie Club , Rover Inn EI Sombero ,
Evans, Four Seasons, Gapers, Jakes Pizza, Kanpai steak House,
Monterey whaling Village, Pizza Hut , Red Lobster , Sam's Place ,
Scotland Yard , second Dynasty, stagger Lee's, Striking Lane,
Shogun, Thunderbird, Ye Olde Town Inn, The Reunion
C Alvee Liquors, B alzamo Liquors, Dominicks , Golf Eagle Liquors,
Liquor Shoppe , Osco , Mount Prospect Liquors, Walgreen's (Plaza) ,
Walgreen's (Golf & Elmhurst)
Moose Lodge #660, VFW
Mr. Peters
L Captains Steak Joynt, Rallen.'s Restaurant
M Holiday Inn (Raffles)
P Arlington Club Beverage
Artemis, Fellini's , Honey Bee, jojos , Patisserie, Pepe's Tacos,
Romance Restaurant, Sakura, sue Mee, Torishin
V Royotoya Corp.
�.. .. ....
RESOLUTION NO.
A RESOLUTION TO APPROVE AND AUTHORIZE THE
EXECUTION OF A FRANCHISE AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT AND CABLENET
INC. FOR THE INSTALLATION AND OPERATION OF
A CABLE COMMUNICATION SYSTEM I
WHEREAS, on June 2, 1981, this Village adopted Ordinance No. 3120
to add to the Municipal Code of the Village of Mount Prospect
a chapter entitled "Cable Communications Code" establishing
proons for the franchising and regulation of cable television
systems within the Village of Mount Prospect; and
WHEREAS, this Village did participate with other member munici-
palities in the Northwest Municipal Conference which body conducted
a comprehensive study and evaluation process with respect to the
field of cable televii;ion franchising and regulation; and
WHEREAS, as a result of such participation in the Northwest
Municipal Conference and in the studies and evaluations conducted
thereby, an Agreement entitled "Franchise Agreement" concerning
a franchise to be extended by the Village of Mount Prospect to
CABLENET, INC. for the purpose of installing and operating a
cable communication system within this Village has been submitted
to this Village forconsideration and approval (a copy of which
Franchise Agreement is attached hereto, labeled "Exhibit A". and
made a part of this Resolution by reference), - and
WHEREAS, said Franchise Agreement, and the terms, provisions,
conditions, obligations and reservations contained therein, are
in compliance with the provisions of the Cable Communication Code
as heretofore adopted by this Village; and
WHEREAS, it is deemed to be in the best interests of this Village
that the said Franchise Agreement be entered into.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Franchise Agreement by and between the Village
of Mount Prospect Illinois and CABLENET, INC. granting a non I exclu-
sive franchise for the installation and operation of a cable
communication system within this Village during a term of fifteen
(1$) years commencing August 1, 1981, is hereby approved and.
accepted.
SECTION,TWO: The Mayor and theNli-1-lacTe Clerk ate hereby authorized
"a_r�d �directed to execute said Franchise � Agreement, with the corporate
seal attached thereto, on behalf of this Village, and to take all
other steps necessary to accomplish the Franchise Grant provided
for therein, upon full performance and compliance by the Franchisee
of all the conditions precedent to its right to install and operate
the cable communication system franchise,
1'r
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i ,,�, '� ,,,„,,,„ �. �w ��.w�r�����.,,, „
,, ,.,,., „r ,,, , , ..� ,�r.� ,� .� ,,, �„� , ,..,, ,. .. � ,�r,.�� �,� ..r r rr�rrr «'�' »,�. ,�.,,.,.�:,„'� ... _. ,�, „ ,
.. r
SECTION THREE: This Resolution shall be in full force *and effect
Upon its passage and approval in accordance with_ law, and the
Franchise Agreement approved herein shall talo effect .on August
lr 1981.
PASSED this day of r 1981.
AYES
NAYS
ABSENT:
APPROVED this' day of , 1981,
,ATTEST
VILLAGE CLERK.
MAYOR
FRANCHISE AGREEMENT
Table of Contents
Franchise Agreement ..., ...... ...........
1
SECTION
1:
Grant and Acceptance of Franchise.........
2
SECTION
2:
Definitions ................................
2
3
SECTION
3:
Commitments by Franchisee to Extrinsic
Matters ...............................
3
5
SECTION
4:
Rights Reserved by Municipality........,...
5
6
SECTION
5:
Term ......................................
6
SECTION
6:
Territorial Extent of Franchise ......... .
7
SECTION
7:
Line Extension Policy .....................
7
SECTION
8:
Description of System Design ..............
8
SECTION
9:
Technical Performance and Standards.......
8
SECTION
10:
Areawide Interconnection of Cable Systems.
9
12
SECTION
11:
Channel Allocation ........................
12
SECTION
12:
Construction Schedule ......................
12
SECTION
13:
Standards and Restrictions as to
Construction and Installation...........
13
- 16
SECTION
14:
Services to Subscribers ....................
16
- 17
SECTION
15:
Access Channel Service ....................
17
SECTION
16:
Maintenance and Customer Service..........
18
SECTION
17:
Public Access
19
- 20
SECTION
18:
Services to Municipality ..................
20
- 21
SECTION
19:
Services to Educational and Other
Institutions, . . * . * * . . . .' W * W 0 W W . W - - * M W 0 # 4
21
- 26
SECTION
20:
Program and Production Assistance.....*,,,
26
SECTION
21:
Production Facilities .................
27
- 28
SECTION
22:
Leased
28
- 29
SECTION
23:
Franchise Fee .............................
29
SECTION
24:
Liability and Indemnification ..............
30
SECTION
25:
Delegation of
30
SECTION
26:
Notices ...............................
30
SECTION
27:
Fees Associated with Grant of Franchise...
30
- 31
SECTION
28:
Initial Construction not a Transfer of
Franchise ...............................
31
SECTION
29:
Franchise Renewal ............................
31
- 32
SECTION
30:
Franchise Revocation Procedure ......... ....
32
- 33
SECTION
31:
Time Essence of Agreement/Force Majeur....
34
SECTION
32:•
•34
- 36
SECTION
33:
Effective
36
0
FRANCHISE AGREEMENT
This Agreement is entered into by and between the
Village of Mount Prospect, an Illinois Municipal Corporation,
hereinafter referred to as "Municipality" and Cablenet,
Inc., hereinafter referred to as "Franchisee."
In consideration of the faithful performance and strict
observance by the Franchisee of all the terms, provisions,
conditions., obligations and reservations hereinafter set
forth or provided for herein, and also provided for in the
Village of Mount Prospect's Cable Communication Code pursuant
to which this agreement is executed, and in consideration of
the grant to the Franchisee, by the Municipality of a cable
communication system franchise, it is hereby agreed between
the parties hereto as follows:
- 1 �-
SECTION 1: GRANT AND ACCEPTANCE OF FRANCHISE
The Municipality hereby grants to Franchisee a non-
exclusive franchise and right to erect, install, construct,
reconstruct, replace, remove, repair, maintain, operate in
or upon, under, above, across and from the streets, avenues,
highways, sidewalks, bridges, and other public ways, easements,
and rights -of -ways as now existing and all extensions thereof,
and additions thereto, in and belonging to the Municipality,
all necessary poles, wires, cable, coaxial cables., transformers.,
amplifiers, television
underground conduits, manholes and other
9 ion
and/or radio conductors and fixtures for the sole purpose of
the ownership, maintenance and operation in the Municipality
of a cable communication system, all in strict accordance
with the laws, ordinances and regulations of the United
States of America, the State of Illinois, and the Municipality,
as now existing or hereafter adopted or amended.
Franchisee hereby accepts the franchise and warrants
and represents that it has examined all of the provisions of
the Village of Mount Prospect's Cable Communications Code.,
and this franchise, and it accepts and agrees to all the
provisions contained therein.
Unless the context clearly indicates that a different
meaning is intended, for the purposes of this Agreement all
terms, phrases, words and their derivations shall have the
meaning given them in Section 6.201 of the Cable Communications
Code. The following additional words and phrases shall have
the meanings ascribed to them as follows:
"Downstream Channel" - means a channel through which an
electronic or other signal, originated or converted at the
headend or subheadends, may be transmitted or received at
the location of the subscriber's or user's receiver.
"Headend" - means electronic equipment including, but
not limited to, antennae., pre -amplifiers, frequency converters
A.
demodulators, modulators and related equipment used to
amplify, filter and/or convert television signals for distribution
over the cable communications system's channels, including
antenna tower, satellite earth stations and any building
housing any of the above equipment.
- 2 �-
"Portap
Lakk which �" - means a small camera, can be held
held on the shoulder. This equipment has a built-in eye -
level view finder and zoom lens with an associated portable
video tape and battery pac. The equipment usually comes
with a directional microphone mounted on the camera. Audio
and visual adjustments are usually automatic.
"System" - means the cable communication system constructed
and operated by Franchisee that serves the municipalities of
Arlington Heights, Bartlett, Des Plaines, Hanover Park,
Mount Prospect, Niles, Park Ridge, Prospect Heights, Schaumburg,
Streamwood, and Wheeling.
"_'Upstream. Channel" - means a channel through which
television signals emanating from a subscriber's or user's
location and/or the location of any other facility except
the main transmitting facility of the franchisee is transmitted
via the cable communication system to the system headend or
other appropriate point.
SECTION 3: COMMITMENTS BY FRANCHISEE TO EXTRINSIC MATTERS
The Franchisee hereby:
(a) Accepts and agrees to all of the provisions of the
Cable Communications Code, and the obligations imposed upon
it thereby, to -the same degree, and extent as if each and
every such provision were repeated herein, and irrespective
of whether any such provisions be so repeated. The Franchisee
further accepts and agrees
ees. that, except to the extent they
may conflict with this franchise or be expressly modified
herein, it hereby contractually binds itself, to the Municipality,
as to all commitments heretofore made by it to the Municipality,
theNorthwestConference and/or to any other Municipality
which participated with the Municipality in the cable
television franchising process, relating to construction and
operation of its system, and the services to be rendered
thereby, as recited in the following items, and which are
hereby incorporated by reference into this Franchise Agreement:
1. Request for Proposal for Providing Cable
Television Service in the Northwest Suburban
area of Greater Metropolitan Chicago, July 5,
1979.
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2. Proms al for a Cable Telecommunication Net-
work for the Northwest' Municipal Conference,
October 1., 1979.
3. "CablenetUp ate '81"
4. Letter from Walter Weckers, Vice President,
Cablenet, to all Mayors, Trustees, Aldermen
and Administrative Managers of the NWMC and
the NWMC Executive Office, January 12, 1981.
5. Response and Amendments to the Northwest
Municipal Conference Cable Television Selection
Council questionnaire, January 23, 1981.
Letter from Walter Weckers, Vice President,
Cablenet, to William Grams, correcting questionnaire,
January 28, 1981.
6. Letter and attachments from Walter Weckers,
Vice President, Cablenet, March 19, 1981.
7. Letter and attachments from Walter Weckers.,
Vice President, Cablenet, to William Grams,
April 63 1981.
8. Letter and attachments from Avis Nopar,
Community Programming Coordinator, Cablehet,
to Northwest Municipal Conference Access
Committee, April 27, 1981.
9. Letter and report dated March 19, 1981
from Walter Weckers to Mr. William Grams.
10. Report submitted by Cablenet, Inc., to NWMC
on April 10, 1981 describing studio and
mobile van equipment that will be purchased
according to terms of the franchise; plus
general marketing procedures.
11. Letter from Walter Weckers to William Grams
dated June 10, 1981 regarding rates, definition
of Portapak and pre -wiring of multiple dwelling
units.
12. Memo from Schaumburg Transit Manager Ken
Dallmeyer to Director of Planning dated
April 13, 1981 regarding the cable television
negotiating session of April 10, 1981.
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In case of conflict or ambiguity between any of the
preceding documents that provision which provides the greatest
benefit to the Municipality in the opinion of the Mayor and
Board of Trustees shall prevail.
(b) Represents and warrants to the Municipality that
it has examined all of the provisions of the Cable Communications
Code and waives any claims that any provisions thereof are
unreasonable, arbitrary, invalid or void.
(c) Recognizes the right of the Municipality to make
reasonable amendments to the Cable Communications Code, or
Franchise Agreement as provided in Section 6.403 of the
Code. It further recognizes and agrees that the Municipality
shall in no way be bound to revew the franchise at the end
of any franchise term.
(d) Agrees to use its best efforts, at its expense., to
actively and diligently conduct the prosecution of all
applications to the FCC (or other governmental regulatory
bodies) necessary to permit construction and commencement of
its operations in accordance with the ordinance and this
Franchise Agreement, including but not limited to FCC approval
of (excess franchise fee) and any special licenses or permissions
associated therewith.
SECTION 4: RIGHTS RESERVED BY MUNICIPALITY
In addition to the rights reserved to the Municipality
in Section 6.706 of the Cable Communications Code) the
franchise is subject to the right of the Municipality,
pursuant to the provisions of the Cable Communications Code,
to:
(a) To revoke the franchise for misuse, non-use, or
the failure to comply with the provisions of the Cable
Communications Code, or any other local, state or federal
laws, or regulations.
(b) to require proper and adequate extensions of plant
and service and maintenance thereof at the highest practicable
standard of efficiency, and specifically to require extention
of subscriber service to all of the Municipality within two
(2) years of the effective date of the franchise.
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(c) To establish reasonable standards of service and
quality of products, and to prevent unjust discrimination in
service or rates.
(d) To require continuous and uninterrupted service to
the public in accordance with the terms of the franchise
throughout the entire peirod thereof.
(e) To impose such other regulations as may be determined
by the Municipality to be conducive to the safety, welfare
and accommodation of the public.
(f) To control and regulate the use of its streets,
alleys, bridges, rights-of-way, and public places and the
space above and beneath them.
(g) To install and maintain without charge., its own
equipment upon the Franchisee's poles upon the condition
that said equipment does not unreasonably interfere with the
operations of the Franchisee.
(h) Through its appropriately designated representatives,
to inspect all construction or installation work performed
subject to the provisions of this Franchise Agreement and
the Cable Communications Code and make such inspections as
it shall find necessary to ensure compliance with the terms
of the franchise, the Cable Communications Code, and other
pertinent provisions of law.
(i) At the expiration of the term for which this
franchise is granted, or upon the revocation of the franchise
as provided in the Cable Communications Code, to require the
Franchisee to remove at its own expense any and all portions
of the Cable Television System from the public ways within
the Municipality should the franchise not be renewed and no
successor Franchisee be named by the Municipality.
SECTION 5: TERM
The term of this franchise shall be fifteen (15) years
from the effective date of its execution, on condition that
the bonds and policies of insurance required by the Cable
Communications Code are properly executed and delivered, and
all other terms and conditions are complied with; it shall
continue unless sooner terminated or renewed as provided by
the Cable Communications Code.
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SECTION 6: TERRITORIAL EXTENT OF FRANCHISE
The Franchisee is authorized to operate throughout the
entire territory within the corporate limits of the Municipality,
as the same now or in the future may exist. Pursuant to
Section 6.601 of the Cable Communications Code, the Primary
Service Area shall be the corporate boundaries of the Municipality
as existing as of the effective date of this Franchise
Agreement. The Municipality specifically retains the right
to award to other Franchisees the right to operate a cable
system in the Municipality.
SECTION 7: LINE EXTENSION POLICY
In addition to the requirements of Section 6.602 of the
Cable Communications Code, Franchisee extend its CATV System
and make CATV Service available beyond the Primary Service
Area (PSA) following completion of construction within the
PSA, as follows:
(a) Along streets or parts of streets beginning at the
boundary of the PSA or at any trunk or feeder line extension
beyond the PSA within one (1) year after such street reaches
a minimum density of thirty (30) units per street mile in an
area zoned for industrial or light industrial use, and,
(b) Concurrently with the installation of utility
lines to developing areas zoned for residential use having a
planned minimum density of fifty (50) units per street mile,
whether or not such areas lie contiguous to the boundary of
the PSA or at the end of any line extensions beyond the PSA.
(c) Concurrently with the installation of utility
lines to developing areas, zones for industrial or light
industrial use, having a planned minimum density of thirty
(30) units per street mile, which lie contiguous to the
boundary of the PSA or at the end of any line extensions
beyond the PSA.
(d) Within one (1) year of the filing of a written
request for service by not less than 50% of the potential
subscribers and/or users located in an area of the Municipality
which lies outside the PSA and which does not meet the
minimum densities specified above.
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SECTI' 8 OF SYSTEM DESTN'
(a) The Franchisee's cable communication system shall
consist of a Subscriber Network and an Institutional Network,
hereinafter described, both of which shall conform in all
respects with the performance and technical standards described
in the Cable Communications Code and Section 9 below.
(b) The system intended for municipality may be part
of a joint system constructed and operated by Franchisee
that serves the municipalities of Arlington Heights, Bartlett,
Des Plaines, Hanover Park, Niles, Park Ridge, Prospect
Heights, Schaumburg, Streamwood, Wheeling and other municipalities
which are contiguous to the municipalities listed. Provided,
however, that if the Franchisee constructs and operates a
joint system, the design will provide for a self-contained
bidirectional network in each municipality forming part of
the system. The system will be programmed from a central
point or points., but the configuration will accommodate the
practical isolation of municipality, allowing for the distribution
of unique programming to it.
(c) The Subscriber Network shall be capable of carrying
at least 120 channels, based on a minimum bandwidth of 5-440
MHz for each cable of the dual trunk, dual feed system, and
shall be split with 112 channels downstream and 8 channels
upstream.
(d) The Institutional Network shall be a separate
single trunk, single feed, cable communication system capable
of carrying at least 64 channels based on a minimum bandwidth
of 5-440 MHz, which shall be split into 32 downstream channels
and 32 upstream channels.
I
(e) Nothing herein shall be construed to prohibit the
Franchisee from increasing the capability of the cable
communication system or constructing the same in accord with
more advanced technological standards than initially proposed
by the Franchisee.
riECTION 9: TECHNICAL PERFORMANCE AND STANDARDS
All performance and technical standards governing
construction, reconstruction, erection, installation, operation,
testing, use, maintenance and dismantling of the cable
communication system provided for herein shall be in accordance
with all applicable FCC and other federal, state and local
laws and regulations, provided, however, that if the FCC
discontinues promulgation or enforcement of such technical
specifications, such specifications shall remain in force
and effect until Municipality exercises its right hereunder
to amend this Agreement to require such standards as it
shall deem necessary.
SECTION 10: AREAWIDE INTERCONNECTION OF CABLE SYSTEMS
Within three (3) years of the effective date of the
Franchise Agreement:
a. Franchisee shall be responsible for designing and
activating an interconnection network capable of transmitting
a minimum of twenty (2) standard NTSC TV channels simultaneously
from its interconnect hub to the interconnect hub of any
other cable television system serving a population of 100,000
or greater in a municipality or municipalities contiguous to
one or more municipalities in the System. Such responsibility
shall include, but is not necessarily limited to, the following:
1) Design and planning;
2) Obtaining and maintaining in good standing
all necessary licenses and permits;
3) Provision of all channel switching and
interface facilities required for incoming
and outgoing transmissions at Franchisee's
interconnect hub; and
4) Payment of all capital costs, and operational
and maintenance expenses associated herewith.
b. The provisions of subsection a. above shall not be
construed so as to preclude cooperative effort, Joint ownership
of facilities, or cost-sharing arrangements; provided,
however, that each and every aspect of construction and
operation of the interconnect shall be clearly designated in
written agreement(s) between the cooperating parties, copies
of which shall be filed with the Board or its designate for
its approval, which shall not be unreasonably withheld.
Franchisee shall attempt to reach agreement with all other
affected cable system operators on frequency allocation for
the minimum twenty (20) channels to be delivered to each
interconnect hub. Should the parties fall to reach agreement,
the Municipality shall, with the other municipalities in
Franchisee's system, act as mediator between the cable
operators.
C. Franchisee shall provide the capability of receiving
at its interconnect hub the twenty (20) channels transmitted
from each other interconnect hub, described in paragraph (a)
above, and for transmitting simultaneously at least twenty
(20) channels from its interconnect hub to:
1) 'All schools, government buildings, and other
institutions designated by the Municipality;
2) Appropriate access channels on the subscriber
network; or
3) Any combination of the foregoing, all within
the Franchisee's cable communication system.
d. Franchisee shall also provide the capability of
transmitting at least one channel from each designated
institution in its franchise area to its own interconnect
hub. A sufficient number of independent transmission paths
shall be transmitted to the interconnect hub from various
combinations of designated institutions within its own
franchise area.
e. Channel switching at the interconnect hubs, both
incoming and outgoing, shall be performed by the Franchisee
at the request of the user desiring the interconnect.
Franchisee shall develop and adopt operating rules, in
cooperation with the other system operator, designed to
provide for the use of the interconnection. Such operating
rules shall be reviewed and approved by the Municipality and
shall include, provisions relating to priority use, notice
requirements for use and other rules deemed necessary for
the optimum use of the interconnect capability.
f. The Franchisee shall provide all VSB modulators or
heterodyne signal processors required to complete the program
transmission (not including cameras, tape recorders, monitors,
or other program video sources from municipal, access and
institutional facilities. The characteristics of the modulators
or processors shall be subject to the approval of the Board
and the grantees, with respect to overall performance in the
system, not merely as components.
g. Franchisee may provide additional interconnect
facilities to adjacent or contiguous cable systems at its
discretion. However, Franchisee shall enter into good faith
negotiations with specified grantees outside the Conference
to provide designated additional interconnection facilities
when requested by the Board or its designate to do so.
Negotiators shall attempt to reach agreement as to responsibility
for technical planning, licensing, and cost sharing. If
appropriate, the Board or its designate may agree to participate
in the negotiations and/or in the sharing of costs.
a
h. The interconnect facilities required by this section
shall be designed and operated to meet or exceed the following
technical performance standards for signals transmitted from
the most remote institution in the Franchisee's franchise
area to the most remote subscriber terminal in the franchise
area of an interconnected cable system.
C/N 43 dB (Per NCTA-008-0477)
C/CTB 53 dB Without phase -lock (Per NCTA-008-0477,
with CW carriers)
C/CTB 45 dB With HRC or IRC phase -lock (Per NCTA-
008-0477, with CW carriers)
i. Prior to commencing construction, Franchisee shall
submit to the Board or its designate., for its approval,
engineering statements, designs, maps, calculations, specifications,
and other relevant engineering details with respect to the
required interconnect facilities as follows:
1) Location of the interconnect hub, by street
address or geographic coordinates (to the
nearest minute).
2) Proposed method of interconnect, e.g.,
whether cable or microwave.
a) If microwave, the essential technical
details including path length, ERP
on the interconnect path, C/N ratio,
C/CTB ratio, specific frequency assign-
ments, and path reliability data.
b) If cable, whether standard VSBIAY. NTSC
channels, or FMTV (if FM, what bandwidth
per channel); the proposed routing and
footage; the size cable., type repeaters,
whether split band or dual cable, and the
frequency bands proposed; calculations of
C/N and C/CTB for the interconnect system,
including technical data on which the
calculations are based.
3) A statement on whether phase -locked carrier
frequencies are proposed, and if so, how
it will be accomplished; whether the institu-
tional modulators are phase -locked, and how;
and what subjective improvement is real
4) A showing concern the effect of cascading
processors or modulators on frequency response
and group delay, and the method of correcting,
if necessary, or preventing distortions.
5) A detailed explanation of how signals will
be transmitted from the interconnect hub to
homes and institutions in the same franchise
area, and from said institutions to the
associated interconnect hub. The explanation
shall include calculations of C/N and C/CTB
ratios, including the supporting technical
data upon which the calculations were based.
6) Such additional relevant information as the
Board or its designate shall request.
SECTION 11: CHANNEL ALLOCATION
Franchisee shall make every reasonable effort to cooperate
with cable television Franchisees in contiguous communities
in arranging channel assignments for specific program offerings
to be identical with the channel assignments of other franchise
holders where program offerings are identical.
SECTION 12: CONSTRUCTION SCHEDULE
(a) Within twenty-four (24) months of the effective
date -of this Franchise Agreement, Franchisee shall construct
and activate the cable television system and offer cable
communications services to all residences or persons requesting
such service within the Primary Service Area in accordance
with Section 6.609 of the Cable Communications Code.
(b) Within twelve (12) months of the effective date of
this Franchise Agreement, Franchisee shall install, activate
and offer service from and along 22-74 miles, which represents
15% of the total number of street miles to be constructed
within the Municipality, or 2,909 residences, which represents
15% of the total number of potential subscribers, whichever
is greater.
(c) Franchisee further agrees that any litigation
instituted by a third party shall not suspend Franchisee's
obligation to construct and install the cable television
system in accordance with the construction time schedule
unless otherwise ordered by a court of competent jurisdiction.
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SECTION 13: STANDARDS AND RESTRICTIONS AS TO CONSTRUCTION
AND INSTALLATION
(a) The Franchisee shall at all times during the term
of the franchise be subject to the Village of Mount Prospect's
Municipal Code, all ordinances, rules and regulations imposed
by the Municipality which have been determined to be conducive
to the health, safety, welfare and accommodation of the
public. Permit and Inspection fees shall be collected in a
manner consistent with Village policy unless otherwise
indicated below:
1. Permit fees shall be paid in accordance with
the Village code for any construction built
by the Franchisee, including, but not limited
to, new or remodeled structures, towers, and
antennas.
2. Franchisee shall pay the cost of municipal
inspections due to any street openings which
may be required or any "out of pocket"
expenses to the Village which result from
a street opening by the Franchisee, provided,
however, that street opening bonds., letters
of credit or other form of insurance which
may otherwise be required, shall be waived.
3. Permit and inspection fees shall be waived
for construction of the Franchisee's cable
lines and for any inspection of individual
subscriber drops or installations.
4. Fees customarily charged for review of
preliminary or final engineering plans and
specifications or the cable system shall
be waived.
(b) No construction, reconstruction or relocation of
the cable television system, or any part thereof, within the
streets shall be commenced unless writted permits have been
obtained from the proper municipal officials. In any permit
issued, such officials may impose any condition, restruction
or regulation as is necessary for the purpose of protecting
any structures, in the streets and for the proper restoration
of such streets and structures, and for the protection of
the public and the continuity of pedestrian and vehicular
a
I
traffic. Upon obtaining such permits or other written
approval, the Franchisee shall give the appropriate municipal
official written notice of proposed construction at least
twenty (20) days prior to construction.
(c) Prior to the erection or installation of any
towers, poles, guys, anchors, underground conduits, manholes
or fixtures for use in connection with the installation,
construction, maintenance or operation of the cable television
system under this Franchise, the Franchisee shall first
submit to the Village Engineer for approval a concise description
of the facilities proposed to be erected or 'Installed,
including engineering drawings, if required, together with a
map and plans indicating the proposed location of all such
facilities. No erection or installation of any tower., pole,
guy, anchor, underground conduit, manhole, or fixture for
use in a community antenna television system shall be commenced
by any person until approval, therefore, has been received
from the Village Engineer provided further, that such approval
shall not be unreasonably withheld. Notwithstanding such
approval, however, the Municipality shall have the right to
inspect all construction or installation work performed
subject to the provisions of this franchise and make such
inspections as it shall find necessary to ensure compliance
with terms of this franchise and other pertinent provisions
of law.
(d) Contractor Qualifications. Any contractor proposed
for work of installation, maintenance., or repair of system
equipment must be properly licensed under laws of the State
of Illinois, and all local ordinances, and be thoroughly
experienced in underground conduit and cable installation,
A.
in cable installation on poles, or in any other capacity for
which retained. The contractor must be approved by the
Municipality prior to completion of contractual agreements.
(e) The Franchisee's system and associated equipment
erected by the Franchisee within the Municipality shall be
so located as to cause minimum interferences with the proper
use of streets, alleys, and other public ways and places,
and to cause minimum interference with the rights and reasonable
convenience of property owners who adjoin any of the said
streets., alleys or other public ways and places. No pole or
other fixtures placed in any public ways by the Franchisee
shall be placed in such a manner as to 'Interfere with the
usual travel on such public way.
(f) No poles of other wire -holding structures shall be
erected by the Franchisee without prior approval of the
Village Engineer with regard t location, height, type and
any other pertinent aspect. No location of any pole or
wire -holding structure of the Franchisee shall be a vested
interest and such poles or structures shall be removed or
modified by the Franchisee at its own expense whenever the
Municipality determines that the public convenience would be
enhanced thereby. Franchisee shall utilize existing poles,
conduits, or other wire -holding structures where at all
possible. Where the Municipality or a public utility
serving the Municipality desires to make use of the Franchisee's
poles, Franchisee shall make every effort to accommodate the
needs of�the Municipality if the Municipality determines
that such use would enhance the public convenience and if
such use would not unreasonably interfere with the cable
television system operations of the Franchisee.
(g) All installations shall be underground in those
areas of the Municipality where public utilities providing
both telephone and electric service are underground at the
time of installation. In areas where either telephone or
electric utility facilities are aboveground at the time of
installation, the Franchisee may install its service aboveground,
provided that at such time as those facilities are required
to be placed underground by the Municipality or are placed
underground, the Grantee shall likewise place its services
underground without additional cost to the Municipality or
to the individual subscriber so served within the Municipality.
Where not otherwise required to be placed underground by
this ordinance, the Franchisee's system shall be located
underground at the request of the adjacent property owner,
provided that the excess cost over aerial location shall be
borne by the property owner making the request. All cable
passing under the roadway shall be installed in conduit.
(h) The Municipality does not guarantee the accuracy
of any maps showing the horizontal or vertical location of
existing substructure. In public rights-of-way, where
necessary, the location shall be verified by excavation.
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M Franchisee shall, at its cost and expense, and in
a manner approved by the appropriate Municipal official
repair, replace or restore any street, sidewalk, alley,
public way or any other property disturbed or damaged or in
any way injured by or on account of its activities in as
good condition as before the work involving such disturbance
was done and agrees to do so any time during a period of two
years after the completion of any work contemplated under
this Agreement or the Cable Communications Code. In the
event Franchisee fails to perform the replacement of restoration
in a manner approved by the Municipality or property owner,
Municipality or owners shall have the right to do so at the
sole cost and expense of the Franchisee. Upon written
demand for reimbursement for the cost of replacement or
restoration of damaged property, Franchisee shall promptly
remit to the Municipality or property owners or the Municipality
may draw upon the letter of credit required to be maintained
by Franchisee pursuant to Section 6.412-E of the Cable
Communications Code.
(j) Franchisee shall not cut or trim any tree, shrub
or vegetation on public property without first obtaining
written authorization from the Municipality. All such
trimming shall be performed in accordance with standard
local horticultural practices. The Municipality reserves
the option to have the Village employees -perform the trimming,
to require Franchisee to hire a competent professional to
perform the work, or to allow Franchisee to perform the work
under the supervision and direction of the Municipality.
Any such work shall be performed at Grantee's expense.
(k) The desire of the subscriber at to the point of
entry into the residence shall be observed wherever possible.
Runs in building interiors shall be as unobtrusive as possible.
SECTION 14: SERVICES TO SUBSCRIBERS
(a) Concurrently with the activation of the cable
communications system in the Municipality pursuant to Section
12 of the Franchise Agreement, the Franchisee shall provide
all services to subscribers as described in Exhibit
(b) Concurrently with the activation of the cable
communications system in the Municipality pursuant to Section
12 of the Franchise Agreement, the Franchisee shall mail on
a monthly basis a free program guide to all subscribers
which shall include Regular Subscriber Services and Pay
Services. Where programs have been given a rating or code
designating suggested audiences, such rating, and the reason
therefor, shall be included in the program description.
(c) The Franchisee shall provide to each subscriber
tne converter equipment necessary for the receipt of all
services to which they subscribe. Converters shall have the
capability of allowing the subscriber to "lock out" audible
and visual reception of programming on a minimum. of 50
channels per cable. The Franchisee may collect at the time
of installation, a deposit from subscribers, not to exceed
$20.00, to ensure the protection and return of the converter
equipment. At the termination of service, the subscriber
shall receive a refund in full of his security deposits upon
the return of the converter equipment in good condition to
the Franchisee, normal wear is excepted. In the event the
converter equipment is not returned to the Franchisee or is
not returned in good condition at the termination of service,
the Franchisee may retain from the security deposit the
actual cost of the converter equipment or the actual cost of
repair.
(d) Franchisee shall mail to each subscriber on a
monthly basis an itemized bill clearly indicating each
service for which payment is due.
SECTION 15: ACCESS CHANNEL SERVICE
Franchisee shall offer "Lifeline" service to all non -
subscriber residents in the Municipality. This shall consist
of a service outlet into their residence and which shall be
capable of providing a minimum of six (6) video channels,
including the local government access, one (1) public access,
and the Community Local Origination channels. Franchisee
shall not be required to provide a converter for the reception
of this service if channel allocation is designed for the
broadcast bandwidth available on the residents' television
set. Installation charges for "Lifeline" service shall be
as described in Exhibit , and pursuant to the Cable Communications
Code, no monthly subscription rate shall be charged.
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SECTION 16 MAINTENANCE AND CUSTOMER ERVICE
The Franchisee shall:
(a) Maintain all wires, conduits, cables and other
real and personal property and facilities comprising the
cable television in good working condition.
(b) At all times maintain a force of one or more
agents or employees in sufficient numbers and of sufficient
technical qualifications to safely, adequately and promptly
repair any structural damages to system equipment which is
located, in, over, under, or upon public streets., ways, or
places; and to immediately secure the public safety in the
vicinity thereof, prior to, and during the making of said
repairs.
(c) Operate the cable television system continuously,
with operating personnel available on call 24 hours per day
with a publicly listed telephone number to receive complaints
and requests for repairs or adjustments at any time.
(d) Render efficient service, locate and repair malfunctions
promptly, and respond to subscriber service complaints
within 24 hours after notice; except where extraordinary
circumstances exist, as provided in the Cable Communications
Code.
(e) Maintain a log accurately showing' the time, the
duration, probable cause, and action taken on all failures
or outages on the main distribution system and each and
every subscriber complaint or request for repair received
and the disposition thereof. Said log shall be available
for inspection by the Municipality or the public at any time
during normal business hours.
(f) Maintain a customer service office in Arlington
Heights, Des Plaines, Hanover Park, Mount Prospect, Park
Ridge and Schaumburg. Subscribers may use any customer
service office listed above for payment and adjustment of
bills, complaints and requests for repair or other transactions.
Each office shall maintain regular business hours which
shall include, at a minimum, four and one-half days between
Monday and Friday, and Saturday morning.
(g) Furnish information, as subscribers are connected
or reconnected to the cable television system, concerning
the procedures for making inquiries or complaints. Such
A.
information shall include, at a minimum, the address, telephone
number and hours of operation of the cable television company,
and the title of the person to whom such inquiries and
complaints are to be addressed.
SECTION 17: PUBLIC ACCESS CHANNEL
(a) The Franchisee shall provide two public access
channels for use by the public which public access channels
shall be operated in accord with applicable rules and
regulations of all Federal, State and local agencies having
jurisdiction. The Franchisee shall provide studio and
production facilities and personnel necessary for the use of
the public access channels by the public as described in
Section 20 and 21, infra.
(b) The Franchisee shall adopt operating rules for the
public access channels as provided in Section 6.604-B-3 of
the Cable Communications Code which shall be filed with the
Municipality prior to the activation of the channels which
shall include the following minimum requirements:
(1) The users of public access channels shall be
responsible for obtaining appropriate authorization from the
owners of intellectual property rights for their use in
connection with public access productions. Franchisee shall
assist users in obtaining such authorizations. Any user of
the public access channel, equipment or facilities shall
agree in writing to hold Franchisee harmless from any and
all liability or other injury including any reasonable costs
of defending claims or litigation, arising from all public
access use in connection with claims for failure to comply
with any applicable laws; for claims of libel, slander,
invasion of privacy, or the infringement of common law or
statutory copyright; for unauthorized use of any trademark,
trade name or service mark; for breach of contractual or
other obligations due third parties by Franchisee; for any
other injury or damage in law or equity, which claims result
from the users' use of equipment and facilities. Franchisee
shall be responsible for obtaining such waiver from all
users of the public access channels and shall hold the
Municipality harmless from any and all liability or other
injury including reasonable costs of defending claims or
litigation arising from the Franchisee's failure to obtain
the waiver from all public access users.
(2) Franchisee may require a reasonable deposit
from any public access channel user when said user removes
equipment belonging to Franchisee from any access studio
facility. Northing herein shall be construed to limit the
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liability of any person removing such equipment from such
facilities or to relieve such person from liability for all
damages if such equipment must be repaired or replaced due
to damage, theft or abuse while bailed to such person.
Franchisee has the exclusive authority to loan its equipment
to any person.
(3) Franchisee shall keep a public file available
at its local office of all requests it receives for the use
of public access channels and for the transmission of programming
on public access channels, including the names and addresses
of those making such requests. Such files shall be available
for public inspection during normal business hours. The
files shall be maintained by Franchisee until the earliest
scheduled performance evaluation session provided for in the
Cable Communications Code.
(4) The public access channels shall be operated
in a manner consistent with the principle of fairness and
equal accessibility of facilities, equipment, studios and
other services to all citizens, businesses, public interest
groups or other entities having a legitimate use for the
system and no one shall be arbitrarily excluded from its
use. The Municipality shall have the right to review all
operating rules filed by Franchisee to ensure the protection
of the public interest and the accessibility of the cable
television system.
SECTION 18: SERVICES TO THE MUNICIPALITY
The Franchisee shall provide the following services to
the Municipality, concurrently with the activation of the
cable communication system pursuant to Section 12 of the
Franchise Agreement:
(a) One service outlet activated for Basic Service on
the Subscriber Network at the following Municipal facilities:
Mount Prospect Village Hall
100 South Emerson; 60056
Mount Prospect Senior Citizens' Center
50 South Emerson; 60056
Public Safety Building
112 East Northwest Highway; 60056
Public Works Building
11 South Pine; 60056
IN,
Franchisee shall waive all charges for installation and
monthly subscription rates, provided however, that the
Municipality shall assume the installation charges for any
required internal wiring, at cost, and for any additional
outlets,, in excess of two television sets, requested by the
Municipality. If the Municipality constructs or otherwise
acquires any additional facilities during the term of the
Franchise, whether located inside or outside of the Primary
Service Area, such facility shall be provided with a service
outlet according to the terms and conditions of this section
and other applicable provisions of the Franchise Agreement
and the Cable Communications Code.
(b) A connection to the Institutional Network from all
facilities listed in paragraph (a), above and all additional
facilities, to permit program origination from such facilities,
at no charge to the Municipality.
(c) One channel, designated as the local government
channel., for the exclusive programming use of the Municipality.
Such channel shall be available to subscribers as part of
the Lifeline Service or Basic Service package on the Subscriber
Network. Franchisee shall provide an Alpha -Numeric character
generator to program visual messages and announcements and a
modulator to inject programming into the cable communication
system from the Village Hall or other location(s) as designated
by the Municipality.
(d) Twelve video channels, six in a downstream direction,
and six in an upstream direction, on the Institutional
Network, for the exclusive use of the Municipality, at no
charge.
(e) The equipment required to automatically interrupt
programming on all channels of the Subscriber Network by
means of an audio message to present emergency information
by public and law enforcement officials of the Municipality.
Such equipment shall be installed at the Village Hall or
other designated location(s) at no charge for the equipment,
installation or maintenance.
(f) The services of its program and production staff
to promote use of the local government channel.
SECTION 19: SERVICES TO EDUCATIONAL AND OTHER INSTITUTIONS
The Franchisee shall provide the following services to
educational and other 'Institutions, designated below, concurrently
with the activation of the cable communication system pursuant
to Section 12 of the Franchise Agreement:
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(a) One service outlet activated for Basic Service on
the Subscriber Network at the following facilities:
District 59 - 2123 South Arlington Heights Road,
Arlington Heights, Illinois 60005
- Dempster Junior High
- Forest View High School
- Frost School
- Holmes Junior High
- John Jay Elementary
District 26 - 1900 East Kensington Road, Mount Prospect, IL 6005(
- Bond Elementary
- Feehanville Elementary
- Indian Grove Elementary
- River Trails Junior High
District 57 - 701 West Gregory, Mount Prospect, IL 60056
- Busse Elementary
- Fairview Elementary
- Lincoln Elementary
- Lions Park Elementary
- Westbrook Elementary
District 214 - 799 Kensington Road, Mt. Prospect, IL 60056
- Prospect High School
Mount Pros sect Public Lib - 10 South Emerson, Mt. Prospect,
Illinois 60056
Mount Pros ect Park District - 411 South Maple Street,
Mount Prospect, Illinois 60056
River Trails Park District - 1313 Burning Bush Lane,
Mount Prospect, Illinois 60056
Wheelin 11 Towns�h I
�i'- 1616 North Arlington Heights Road,
Wheeling, Illinois 60090
Elk Grove Townsh - 2400 South Arlington Heights Road,
Elk Grove Village, Illinois 60007
Franchisee shall waive all charges for installation and monthly
subscription rates, provided however, that the facility shall
assume the installation charges, for any required internal wiring,
at cost, and for any additional outlets, in excess of two
television sets, requested by the facility. If additional
facilities are constructed or otherwise acquired during the
term of the Franchise, whether located within or outside of
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the Primary Service Area, such facility shall be provided
with a service outlet according to the termsn and conditions
of this Section and other applicable provisions of the
Franchise Agreement and the Cable Communications Code.
(b) A connection to the Institutional Network from all
facilities listed in paragraph (a), above, to permit program
origination from such facilities, at no charge.
(c) Access channels, as described below which shall be
available for the exclusive programming use of the designated
institutions, except as provided in paragraph (e) of this
Section. Such channels shall be available on the Subscriber
Network as part of the Basic Service package. Franchisee
may arrange as necessary for the distribution of access
channels throughout the municipalities of Arlington Heights,
Des Plaines, Hanover Park, Mount Prospect, Park Ridge and
Schaumburg to provide the minimum requirement of one channel
per district as listed in subsections (1) through (8) below.
(1) One channel for each elementary school district
located in part or whole within the Municipality:
District 59 - 2123 South Arlington Heights Road,
Arlington Heights, Illinois 60005
Dempster Junior High
Forest View High School
Frost School
Holmes Junior High
John Jay Elementary
Dil strt 2,61 - 1900 East Kensington Road, Mt. Prospect, IL 60056
- Bond Elementary
- Feehanville Elementary
- Indian Grove Elementary
- River Trails Junior High School
District 57 - 701 West Gregory, Mt. Prospect, Illinois 60056
Busse Elementary
Fairview Elementary
Lincoln Elementary
Lions Park Elementary
Westbrook Elementary
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(2) One channel for each high school district
located in part or whole within the Municipality.
District 214 - 799 Kensington Road, Mt. Prospect,
Illinois 60056
- Prospect High School
(3) One channel for the public library or library
district serving the Municipality.
Mount Pros ect Public Librax
10 South Emerson Street, Mount Prospect, IL 60056
(4) One channel for the park district serving the
Municipality.
Mt. Prosp,ectt Park District - 411 South Maple
Street, Mt. Prospect, IL 60056
River Trails Park District
1313 Burning Bush Lane, Mt. Prospect, IL 60056
(5) One channel for the hospitals within the
Franchisee's cable system.
(6) One channel for Oakton Community College.
(7) One channel for Harper College.
(8) One channel for junior colleges, colleges and
universities located within or without the Franchisee's cable
communications system.
(d) Reserved channels on the Institutional Network
for the exclusive use of the institutions listed below:
(1) Six channels, three upstream and three downstream,
for the elementary school districts located wholly or partly
within the Municipality.
(2) Six channels, three upstream and three downstream,
for the high school districts located wholly or partly within
the Municipality.
(3) Two channels, one upstream and one downstream,
for the library or library district serving the Municipality.
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(4) Two channels, one upstream and one downstream,
for the park districts serving the Municipality.
(5) Six channels, three upstream and three downstream,
for the junior colleges, colleges, and universities serving
the area.
These chall be the maximum number of reserved channels
on the Institutional Network available to the designated
users. If insufficient use of the channels is demonstrated,
the Franchisee may require the user to share time or give up
channels, pursuant to paragraph (e) below. Franchisee shall
not charge institutions for the use of the channels reserved
for such user on the Institutional Network for a period of
five (5) years from the effective date of the Franchise
Agreement. At the expiration of the five year period, the
Municipality may consider the necessity of imposing fees for
use of the Institutional Network.
(e) At such time as a dedicated channel on the Subscriber
Network is programmed by an institutional user for a minimum
of twelve (12) hours per day, Monday through Friday, for a
period not less than six (6) months, the Franchisee shall,
at the request of the institutional user, make additional
channel time available for the use of that institutional
user, up to system capacity. Such allocation shall be made
available within nine (9) months of the request -for additional
time. When insufficient use of a channel on the Institutional
or Subscriber Network is demonstrated by the Franchisee, the
Franchisee may require the institutional user, to share
channel time with other users or give up the channel entirely,
which decision may be subject to review by the Municipality
or other designated Agency.
(f) Designated users shall not sell, assign, transfer,
lease or sub -lease, or otherwise transfer their interest in,
or right to use, the designated channels described herein
without the prior consent of the Municipality.
(g) The Franchisee shall make available modulators to
inject video programming into the cable communication system
from the designated educational and other institutions. The
Franchisee shall make its studios and remote cable casting
equipment available for programming, and shall be responsible
for the upkeep and maintenance of all such equipment used
for programming by such institutions. The Franchisee shall
assist in providing production, technical and administrative
assistance to develop and produce all aspects of institutional
programming.
SECTION 20: PROGM4 AND PRODUCTION •
Franchisee shall provide free consulting and training
services on planning, productions, and program format for
the use of public access) governmental, and institutional
channels.
(a) To provide such consultation and training assistance,
the Franchisee shall employ a minimum of the following full-
time personnel: Community Programming Coordinator, Comm -unity
Access Coordinator, Studio Supervisor/Producer, and Studio
Technician. Staff shall be provided within two (2) years of
the effective date of the Franchise Agreement.
1. A community program -ming coordinator shall
be employed by the Franchisee to promote
the general use of the public channels.,
community affairs, and other cable -casting
channels and to advise such users on
programming and production matters.
2. A community access coordinator shall be
employed by the Franchisee at each local
origination/access studio to facilitate
the effective and efficient use of regional
production studios and mobile equipment,
and to provide program consulting and training
services.
3. A studio shall be
employed by the Franchisee at each local
origination/access studio to facilitate
the effective and efficient use of regional
production studios and mobile equipment,
and to provide program consulting and
training services.
4. A studio techni,cian, shall be employed by
the Franchisee at each local origination/
access studio to provide technical and
maintenance assistance as required at the
regional production studio and for the
mobile vans.
q
(b) Franchisee shall offer and conduct free workshops
to provide community volunteers with appropriate production
and equipment utilization skills. Successful completion of
workshops, or demonstration of appropriate competency, shall
be a prerequisite to using production facilities and mobile
production equipment.
Workshops shall be held at each production
studio not less than once every three months
during the second, third and fourth year of
the franchise term. Thereafter., Francisee
may hold workshops as needed on an areawide
basis but not less than once a year at each
studio. Announcements of the date, time and
place of said workshops shall be made over
the public access and community affairs
channels no less than six times daily for a
two week period prior to the workshop.
Notice of the workshop shall also be published
in the subscriber's program guide and a
newspaper of general circulation in the
Municipality.
2. Workshops shall be designed to develop the
ability to produce a program utilizing the
Franchisee's production studios or mobile van
equipment. The major focus of the workshops
shall be devoted to actual "hands-on" experience.
3. "Check-out" training shall be provided on an
on-going basis to provide skills in utilization
or portable (portapak) equipment. I
SECTION 21: PRODUCTION FACILITIES
(a) Franchisee shall provide production studios in
Arlington Heights, Des Plaines, Niles, Mount Prospect, Park
Ridge and Schaumburg - either Bartlett, Hanover Park or
Streamwood, final determination subject to approval of the
three municipalities. All studios should be of comparable
size and shall contain comparable equipment as proposed by
Franchisee. Studios shall be available for use by all
subscribers and users within the Franchisee's cable system.
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M
(b) Semi-mobile facilities, as proposed by Franchisee,
shall be located in Prospect Heights and Wheeling.
(c) Franchisee shall provide three (3) mobile color
television vans, each containing comparable equipment as
proposed by Franchisee, which shall be available to all
subscribers and users of the Franchisee's cable system on a
first-come, first-served basis. Notwithstanding the foregoing,
vans shall be primarily located in the semi-mobile facilities
in Prospect Heights and Wheeling and either Bartlett, Hanover
Park, Schaumburg or Streamwood.
(d) Franchisee shall provide seven (7) Portapak units
which shall be available to all subscribers and users of the
Franchisee's cable system on a first-come, first-served
basis. Portapak units shall be located at the production
studios provided by Franchisee.
(e) Production equipment shall be maintained in proper
working order. Back-up equipment shall be made available
where "down-time" for a studio, van or associated equipment
exceeds 24 hours. Users shall be notified of studio "down-
time" via the access and local origination channels.
(f) Franchisee shall update production equipment
during the franchise term to keep it reasonably current with
the state-of-the-art technology in television and cable
communications. Periodic reviews shall be conducted with
the Municipality, or its designee, in order to assess the
status of production equipment maintenance. These reviews
may be held in conjunction with the performance evaluation
sessions required by the Cable Communications Code.
(g) All equipment and facilities shall be available
and operational within two (2) years of the effective date
of the Franchise Agreement.
SECTION 22: LEASED CHANNELS
Franchisee may lease portions of its bandwidth not
specifically designated for other uses for leased services
as follows:
(a) Franchisee may limit the amount of time granted on
any leased channel to any person.
(b) Franchisee shall set rates for the leasing of such
channels and may classify lessees into various categories.
Such rates and categories shall be on public file in the
local office of Franchisee and shall be available for public
inspection during normal business hours. A copy of said
rates and categories shall also be filed with the Municipality.
(c) Franchisee shall establish rules and regulations
and conditions for the operation of such leased channels,
which shall be included in any lease or other agreement
entered into by Franchisee which shall include the following:
(1) Operation of said channel shall not disrupt
or otherwise cause with ob ectional interference
i h any other
channel of the cable television system.
(2) In the event that such interference is unavoidable,
the lessee shall immediately cease further operations until
such interference is eliminated. Failure by the lessee to
comply with the request of Franchisee to cease interference
or operation, whichever is applicable, shall result in the
immediate termination of the lease or other agreement and
any right of the lessee thereunder to use a leased channel.
(3) No program, production or presentation shall
be transmitted or permitted to be transmitted on any leased
channel which violates any law regarding obscenity or lottery
information.
(4) Franchisee shall require all users to comply
with all laws regarding obscenity on its leased channels.
Franchisee may reserve the right to schedule programs on
leased channels in consideration of the children in the
viewing audience.
(5) Any paid political announcement or program on
a leased channel shall be designated as such and shall
indicate the person paying for the same at the time said
announcement or program is cablecast.
SECTION 23: FRANCHISE FEE
In consideration of the privileges granted under the
Cable Communications Code and the Franchise Agreement for
the operation of a cable system within the municipality, the
Franchisee shall 'pay to the Municipality five (5) percent of its
annual gross revenues during the franchise term.
SECTION 24: LIABILITY AND INDEMNIFICATION
Pursuant to Section 6.612-D of the Cable Communications
Code, Franchisee shall maintain at its own expense a faithful
performance, license and franchise letter of credit running
to the Municipality in the amount of Two Hundred Thousand
Dollars ($200,000), which shall be subject to the requirements
contained within the Cable Communications Code.
SECTION 25: DELEGATION OF POWERS
Municipality shall not be precluded from delegating any
power or authority contained within the Cable Communications
Code or this Franchise Agreement to any agency, employee or
department within or outside the Municipality.
All notices, payments, reports or other information
required by the Cable Communications Code or this Franchise
Agreement shall be sent prepaid registered or certified mail
addressed to the parties as follows:
To the Municipality: Village of Mount Prospect,
100 South Emerson Street
Mount Prospect, Illinois 60056
To the Franchisee: Cablenet
410 East Northwest Highway
Mount Prospect, Illinois 60056
SECTION 27: FEES ASSOCIATED WITH GRANT OF FRANCHISE
(a) Pursuant to the requirements of Section 6.302 of
the Cable Communications Code and in recognition of the
direct expenses incurred by the Municipality in the development
of the cable ordinance and the evaluation of the various
franchise applicants, Franchisee shall, within thirty (30)
days of the effective date of this Agreement pay to the
Municipality, the sum of , which shall be used to
offset all direct expenses incurred by the Municipality in
the cable franchising process. Such fee shall include, but
not be limited to, office and clerical costs, legal expenses
(including in-house counsel), and the cost of consultants
retained by the Municipality.
(b) Within thirty (30) days of the effective date of
this Agreement, Franchisee shall pay to the Northwest Municipal
Conference an amount of money, not to exceed $2,500, which
shall equal the Municipality's pro rata share of the expenses
incurred by the NWMC on behalf of its member municipalities,
in the cable franchising and evaluation progress.
SECTION 28: INITIAL CONSTRUCTION NOT A TRANSFER OF FRANCHISE
It is hereby understood that the mortgage, pledge or
lease by the Franchisee of its assets or any part thereof to
finance the construction of the cable communications system
in accordance with the proposal submitted by Franchisee
shall not be construed as a transfer of the franchise or any
of the assets of Franchisee under the provisions of Section
6.413 of the Cable Communications Code.
SECTION 29: FRANCHISE RENEWAL
(a) The Grantee shall be solely responsible for requesting
the Village of Mount Prospect, in writing, to hold a special
meeting., the purpose of which will be to review the Grantee's
performance during the term of its franchise, to consider
the adequacy of the franchise from the standpoint of the
Village, the Grantee, and the Federal Communications Commission
Rules for Cable Television, and to determine the advisability
of renewing the Grantee's franchise. Unless the Village of
Mount Prospect shall consent to some lesser notice said
request shall be made not less than twelve (12) months prior
to the franchise expiration date. Upon receipt of said
request, the Village of Mount Prospect shall adopt a resolution
setting forth the time and place of the special meeting. If
no request for renewal is made, the franchise shall expire
according to its terms, provided, however,.- that the Village
of Mount Prospect may extend the term of the franchise in
six (6) months increments during the Franchise renewal
process as provided for in this Section.
(b) The Village of Mount Prospect shall hear any
interested persons during said special meeting and shall
determine whether or not the Grantee did reasonably comply
with the terms and conditions imposed by the ordinance and
this franchise. Notice of such meeting shall be given in
accordance with Section 6.402 and Section 6.404-C of the
Cable Communications Code.
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(c) If the Village of Mount Prospect determines that
the Grantee has been in reasonable compliance with the terms
and conditions imposed by this ordinance and the franchise,
the Village of Mount Prospect may, by resolution, renew the
Grantee's franchise, with any modifications it deems desirable.,
for a period of time not longer than fifteen (15) years.
(d) Notwithstanding the fact that the Board may determine
that the Grantee has been in reasonable compliance with the
terms and conditions imposed by this Ordinance and the
Franchise, the Board shall have the right not to renew the
Franchise. If the Board does not renew the Franchise, the
Board shall, to the extent then permitted by existing law,
have the options to: Acquire at fair market value all the
assets of the Grantee's operations within the Village; or
require the sale at fair market value of all such assets to
a succeeding Grantee; or require the removal of all such
assets from the Village.
Except as provided in Section 6.408,, the Board's above
stated options must be exercised within one (1) year from
the date of the Franchise expiration, unless such period is
extended with the consent of the Grantee.
(e) The Village of Mount Prospect shall have the right
to recoup from the Grantee all direct expenses incurred
pursuant to renewal of the Franchise whether or not the
Franchise is renewed.
(a) Whenever a Grantee shall refuse, neglect or wilfully
fail to construct, operate or maintain its cable television
system or to provide service to its subscribers in substantial
accordance with the terms of the ordinance and this franchise
or to comply with the conditions of occupancy of any public
way or to make required extensions of service, or shall in
any other way substantially violate the terms and conditions
of the ordinance, this Franchise or any applicable rule or
regulation, or practices any fraud or deceit upon the Village
of Mount Prospect or its subscribers., or fails to pay franchise
fees when due, or if a Grantee becomes insolvent, as adjudged
by a court of competent jurisdiction, or is unwilling to pay
its uncontested debts, or is adjudged bankrupt, or seeks
relief under the bankruptcy laws, then the Franchise may be
revoked.
(b) In the event the Village of Mount Prospect or the
Agency believes that grounds for revocation exist or have
existed, the Village of Mount Prospect or Agency may notify
a Grantee, in writing, setting forth the nature and facts of
such noncompliance. If, within thirty (30) days following
such written notification, the Grantee has not furnished
reasonably satisfactory evidence that corrective action has
been taken or is being actively and expeditiously pursued
or that the alleged violations did not occur, or that the
alleged violations were beyond the Grantee's control, the
Agency shall thereupon refer the matter to the Village of
Mount Prospect.
(c) Upon referral from the Agency or by its own motion,
the Village of Mount Prospect may, following notice of the
grounds for revocation and hearing pursuant to Section 2 of
the Ordinance, revoke the Franchise pursuant to paragraph
(a) of this Section.
(d) In the event that a Franchise has been revoked by
the Village of Mount Prospect, the Village of Mount Prospect
shall, to the extent then permitted by existing law, have
the options to: Acquire, at the lesser of depreciated
replacement value, or fair market value, excluding any value
attributable to good will, all the assets of the Grantee's
operations within the Village; or to require the sale, at
the lesser of depreciated replacement value, or the fair
market value, excluding any value attributable to good will,
of all such assets of the Grantee's operations within the
Village of Mount Prospect to a successor Grantee; or to
require the removal of all such assets from the Village of
Mount Prospect. Unless some later date is agreed to by the
Grantee and except as provided in Section 6.408 of the Cable
Communications Code, such option must be exercised within
one (1) year from the date of the revocation of the Franchise,
or the entry of the finalrevi *
udgement by a court
i reviewing the
question of the revocation, or the entry of a final order
upon appeal of same, whichever is later.
(e) The termination of a Grantee's rights under a
franchise shall in no way affect any other rights the Village
of Mount Prospect may have under the Franchise or under any
provision of law or ordinance.
SECTION 31: TIME ESSENCE OF AGREEMENT/FORCE MAJEUR
Whenever this Franchise sets forth any time for any act
to be performed by the Grantee, such time shall be deemed of
the essence and the Grantee's failure to perform within the
time allotted shall, in all cases, be sufficient grounds for
the Village of Mount Prospect to invoke the remedies available
under the terms and conditions of this Franchise.
Whenever a period of time is provided for in this
Franchise for either the Village or the Grantee to do or
perform any act or obligation, neither party shall be liable
for any delays due to: War; riot; insurrection; rebellion;
strike; lockout; unavoidable casualty or dam -age to personnel,
materials or equipment; fire; flood; storm, earthquake;
tornado; orders of a court of competent jurisdiction; any
act of God; or any cause beyond the control of said party.
And, in any event, said time period shall be extended for
the amount of time said party is so delayed. An act or
omission shall not be deemed to be beyond a Grantee's control
if committed, omitted, or caused by a corporation or other
business entity which holds a controlling interest in the
Grantee, whether held directly or indirectly. Further, the
failure of a Grantee to obtain financing, or to pay any
money due from it to any person., including the Village of
Mount Prospect, for whatever reason, shall not be an act or
omission which is "beyond the Grantee's control."
(a) The Village of Mount Prospect may after notice and
hearing as required in Section 6.402 of the Cable Communications
Code., adopt a resolution providing for reasonable and appropriate
modifications or amendments in the " Franchise Agreement of a
nature that would not result in effectively terminating
same, and further provided that the Village of Mount Prospect
except as set forth in paragraphs (c) and (d) below, shall
not make any modifications or amendments to the Cable Communications
Code or this Franchise Agreement which would alter the
provisions of either of Sections 6.405-D or 6.406-D of the
Cable Communications Code or of either Sections 29 or 30 of
this Franchise Agreement.
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(b) Throughout the term of this Franchise, Franchisee
shall have an affirmative duty to notify the Village of
Mount television
Prospect that it has been granted a cable
.L
franchise by another municipality or franchising authority
located within 100 miles of the Village of Mount Prospect.
(c) Upon written notification to Franchisee by the
Village of Mount Prospect, the Franchise granted herein
shall be deemed automatically amended to include any of the
following terms or conditions which have been granted to
Franchisee by a municipality or other franchising authority
described in paragraph (b) above:
.L
L franchise fee in excess of five (5%)
percent of gross revenues;
2. more favorable provisions relating to
the option of the Village of Mount
Prospect to acquire the assets of the
Franchisee's cable system within the
Municipality in the event of the
revocation or expiration of the
Franchise;
3. franchise term less than 15 years;
4. rates for cable services which are
lower than those proposed by Franchisee
and approved by Municipality;
Provided, however, that items #3 and #4 shall be automatically
amended to the Franchise on condition that such term or
condition has been granted to Franchisee within three (3)
years of the effective date of this Franchise Agreement.
(d) Further, the Village of Mount Prospect shall have
the right to require the Franchisee to incorporate into its
cable system, within a reasonable time, any term or condition
which the Franchisee is offering to its subscribers within
100 miles of the Municipality. The Village of Mount Prospect
may waive this requirement upon an affirmative demonstration
by Franchisee that such service is:
1. being tested on a trial basis only; or
2. not marketable within the Municipality; or
3. not practical or feasible within the
Village of Mount Prospect due to
population density or other relevant
factors.
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The decision of the Village of Mount Prospect requiring
the incorporation of a term or condition into the Franchise
shall be governed by paragraph (a) above.
SECTION 33: EFFECTIVE DATE
WIT -116i
The effective date of this Agreement shall be August 1,
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THE COMPANY HEREBY ACCEPTS SAID FRANCHISE AND THE TERMS AND
CONDITIONS THEREOF.
Cablenet, Inc.
By:
Date
Title
Attest:
Secretary
Village of Mount Prospect
By:
Mayor Date
Attest:
Clerk
The following is the firm understanding and agreement between
Agra Industries Limited of Saskatoon, Saskatchewan, Canada, and
the Village of Mount Prospect:
In consideration of the granting by the Village of Mount Prospect
of a cable television franchise to Cablenet, Inc... dated
1. in accordance with the Village
Ordinance #3120, Agra Industries Limited undertakes to provide
any funds which may be required to complete the construction
of the system as described in the Franchise Agreement which
are in addition to the financing already provided by Cablenet'.
Inc., Cybermedix Limited and its lenders. Further, Agra
Industries Limited guarantees that Cablenet, Inc., shall not
increase the rates charged to subscribers and users for
cable communications services for a three (3) year period
beginning as of the activation date of the system in the
Municipality.
Per:
Date
Title
Attest:
Secretary
Accepted by the Village of Mount Prospect
By Mayor:
Date
Attest:
Clerk
ORDINANCE NO.
AN ORDINANCE DETERMINING CERTAIN PREVAILING WAGES
TO BE PAID FOR CERTAIN PUBLIC WORKS PROJECTS
wow,
WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers,
mechanics and other workmen employed in any public works by the State,
County, City or any public body or any political subdivision or by any one
under contract for public works", approved June 26, 1941, as amended, being
Section 39s-1 through 39s-12, Chapter 48 Illinois Revised Statutes, 1977; and
WHEREAS, the aforesaid Act requires that municipalities investigate and
ascertain the prevailing rate of wages as defined in the Act for laborers,
mechanics and other workmen in the locality of the municipality employed in
performing construction of public works for the municipality exclusive of
maintenance work.
NOW, THEREFORE. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That, to the extent and as required by "An Act regulating
OWN" @W#ftA"WWN%*PW
wages of laborers, mechanics and other workmen employed in any public works
by the State, county, city or any public body or any political subdivision or
by anyone under contract for public works," approved June 26, 1941, as
amended, the general prevailing rate of wages in this locality for laborers,
mechanics and other workmen engaged in the construction of public works coming
under the jurisdiction of the Village of Mount Prospect is hereby ascertained
to be the same as the prevailing rate of wages for construction work in the
Cook County area as determined by the Department of Labor of the State of
Illinois as of June 6, 1981, a copy of that determination being attached hereto
and 'incorporated herein by reference. The definition of any terms appearing
in this Ordinance which are also used in the aforesaid Act shall be the same
as in the Act. Maintenance work of the Village of Mount Prospect is
excluded from the application of this Act.
SECTION TWO: That, nothing herein contained shall be construed to apply the
general prevailing rate of wages as herein ascertained to any work or
employment except public works construction of this municipality to the
extent required by the aforesaid Act,
SECTION THREE: That the Village Clerk shall keep available for inspection
11 11 - - - M , pq - -
by any interested party in the Office of the Village Clerk of the Village of
Mount Prospect this determination of the prevailing rate of wage.
SECTION FOUR: That the Village Clerk shall mail a certified copy of this
determination to any employer, and to any association of employers and to
any person or association of employees who have filed, or file their names
and addresses, requesting copies of any determination stating the particular
rates and the partiluclar class of workmen whose wages will be affected by
such rates.
SECTION FIVE: That the Village Clerk shall promptly file a certified copy
of this Ordinance with both the Secretary of State and the Department of Labor
of the State of Illinois .
SECTION SIX: That the Village Clerk shall cause to be published ion a
newspaper of general circulation within the area a copy of this Ordinance,
and the publication shall constitute notice that the determination i's effective
and that this is the determination of the public body 1.
SECTION SEVEN: This Ordinance shall be in full force and effect from and
after its passage, . approval and publication in the manner provided by law.
PASSED and APPROVED this day of 1981.
0 M�•
Village President
Village Clerk
"016 Oiru.,
STATE OF ILLINOIS
DE: A'RTM ENT OF LABOR
CONCILIATION & MEDIATION DIVISION
100 N. FIRST STREET
SPRINGFIELD, II_ 62706
AI.zINA BLDG., 5T1.1 FLOOR NORTH June lfi, 1'x$1 air / 782-1710
Q -
Ms . Carol Fields
100 South Emerson
Mt. Propect, Illinois 60056
This will acknowledge receipt of your recent request for prevailing .. g wae 9
of Cook for the period
rates for the County„
of June fi , 1981 to June 30, 1982. In compliance with your request,,
I am enclosing COPY/copies for your information and use.
STATE OF ILLINOIS
DEPARTMENT OF LABOR
CONCILIATION & MEDIATION DIVISION }
CERTIFICATE
WALTER, WCARS', Chief Labor Conciliator, Illinois Department of
Labor, in the State Aforesaid, do hereby certify that l am the keeper of
the r
eco�rds , fi 1 e s and S,ea l of sa id office. do,e also further P
C rt i fy
that the at
to shed 11's a true and complete copy of the prevailing rate of
wages determined by thi s ' Department, for the aforesaid County/Oounti e5
or
Walter W. Cary
Chief Labor Conciliator
SEAL
L I N 0 1 S DEPARTMENT C F L A B 09.-,., PAGE 1
C.0 LIATION AND MEDIATION SEA, "'CE COOK
PREVAILING WAGES FOR CCNSTRUCTION TRADES 6/06/81
'HESE PPFVAILING WAGES SHALL BE INCLUDED IN THE ADVERTISED SPECIFICATIONS FOR
:VERY CONTRACT TO WHICH ANY PUBLIC 8ODYv AS DEFINED IN CHAPTER 48, SECTION 39 -St
A
`LL*PEV*STAT*v IS A PARTY* FCR CCNSTRUCTION AND/OR REPAIR, INCLUDING PAINTING
dND REDECORATING, OF PUBLIC BUILDINGS OR PUBLIC WORKS WITHIN THE STATE OF ILLI -
101S, WHICH REQUIRES OR INVOLVES THE EMPLOYMENT OF MECHANICS AND/OR LABORERS, THE
iINIMU%li WAGES, OVERTIME RATE AND FRINGE BENEFITS CERTIFIED HEREIN SHALL BE PAID
iND THF SCALE OF WAGES TO BE PAID SHALL BF POSTED BY THE CONTRACTOR IN A PROMI-
NENT AND EASILY ACCESSIBLE PLACE AT THE SITE OF WORK.
RATES
FOR THE COUNTY
OF COOK
EFFECTIVE AS OF 6/06/81
NAME OF TRADE
RG TYP
Cl
HOURLY
RATES
I WKLYIOVERTIME
RATEI
HRLY FRINGE RATES
Ll
HAS
I
I
Sl
BASIC
FORMN
!WKDY/SA/SU-HLI
WELFR
PENSN
VACTN
►SBESTOS, WRKRS
BL 0
1
l6 oOOO
16o500
40s4
2oO
2oO
2*0
1*095
1* 395
*000
01LEPMAKERS
BLD
1
15*300
16,300
1 37o5
1 2*0
2o4
2*0 1
1*275
1*500
e000
BRICKLAYERS
BLD
1
14,400
15*400
1 40wO
1 1.5
la5
2eO 1
1*100
1* 100
oOOO
,LNCZS*CKRS vPlNTS,
B L D
14 , 100
15o10O
1 40.0
1 e 5
1 e5
2.0 1
1965'1
1,050.00C
'.ARP ENTE RS
BLD
1
14*000
15,000
40,0
1 290
2*0
2o03 1
1*230
10080
0000
:ARPENTERS
HWY
1
14,000
15*000
1 40*0
1 2*0
2oO
2*0 1
lo230
1*080
*000
1*
OT 1ST
2 HRS
AFTER REG WORK
DAY
-1 *5
1*
FROM
8:00 AM
TO 12:00 NOON
SAT-1*5
EMENT MASONS
BLD
1
139600
14.350
1 40*0
1 2*0
2o0
2.0 1
1e501
1o400
*000
',EMENT MASONS
HWY
1
13*600
14* 354
I 4090
1 2*0
2wO
2*0 1
1*500
1*400
*000
1ECTRICIANS
B L D
1
17*050
18,w05O
1 40*0
1 1*5
1*5
2*0 1
1#300
*730
vOOO
PENSN-3%
OF GROSS MTHLY LABOR
PAYROLL
'LECTRICIANS W
BLD
1
16,550
18,210
1 40oO
1 1 * 5
1*5
2.0 1
*830
1,660
*000
PENSN-3%
OF GROSS MTHLY LABOR
PAYROLL
LVTR CNSTRCTRS
BLD
1
15 *6701
17o630
1 40eO
f 290
2.0
2,0 1
1*195
*820
oOOO
1*
VACATION
-8% OF WAGE
RATE
PCR
HR WORKED
;LAZIERS
BLD
1
11,890
12*390
I 40o0
1 2o4
2*0
2.0 1
*480
*890
*000
+NCE ERECTORS
AL L
1
14* 520
11*020
1 40*0
1 1 *5
1 w5
2*0 1
*850
1* 1035
oOOO
tACHINFRY MVR.S
BL 0
1
ll *850
12* 8503
1 4'3.+0
I 290
2oO
2.') 1
v750
2*225
9000
IRN IRON WRKRS
A L L
1..
13*900
14*400
1 40*0
1 2*0
2oO
2,0 1
w850
1*105
wOOO
JEEL ERECTORS
ALL
1
15*950
16o950
1 40,0
1 2*0
2*0
2,0 I
Lo240
1*220
*000
ABORERS
BLD
1
11*100
11o600
1 40 *0
1 1,5
1 * 5
290 1
o570
1. 30301
oOOO
ABORERS
HWY
I
llolC0
11,600
1 40*0
1 1o5
1*5
290 1
o570
1.3034
*000
A T H LE R S
BL D
13 *620
14* 1201
1 40*0
1 2.0
2*0
290 1
*755
*695
9000
IACHrNISTS
BLD
14o420
15,420
1 40*0
1 2*0
2,0
2,0 1
*930
*700
wOOO
IPFR w ENGINEERS
BLD
11
13,950
14*450
1 40,0
1 2*0
2oO
290 I
1*200
1o200
*700
IPFR , ENGINEERS
BLD
211
12*650
1 40.0
1 2,0
2,0
2,0 f
1,200
1,200
700
11PEP o ENGINEERS
BLD
31
11e500
1 40oO
1 2*0
2*0
2*0 1
1*200
1*200
*700
IPFR o FN G I N E PER S,
BL 0
41
10*250
1 4090
1 2 * il
2 v U
2*0 1
1*200
1s200
*700
IPER, ENGINEERS
HWY
11
13*600
14olOO
1 40,0
1 1*5
1,5
2oO I
lo200
lo200
o700
'PER, ENGINEERS
HWY
21
13oO50
1 4090
1 1*5
1o5
2*0 1
1*2003
1o200
e700
iPER,s ENGINEERS
HWY
31
12*300
1 40,0
1 1,5
1*5
2*0 1
L o 2 00
1,200
*700
P E R o FNGT NEEP S
HWY
41
11*200
1 40*0
1 1*5
1o5
2*0 1
1o200
lo200
w700
T
IPER * %E N G IL NE ER S
HWY
51
10,*200
I 40,wO
1 1*5
1*5
2oO I
1 a 2 00
1, 200
*700
[PER* FNGINFERS
HWY
61
9*950
1 40*0
1 1*5
le 5
2*0 I
*950
*850
w400
IFLL DRILLERS
4 L L
11
14*150
1 4090
1 1*5
1*5
2*0
1*05D
1*100
wOOO
'ELL DRILLERS
ALL
21
13,100
1 40*0
1 1,5
1o5
2o 0 1
1 * 0 50
1* 100
*000
`F L L ORTLLFRS
BLD
11
11o350
1 40*0
1 1*5
1,5
2,0 1
v700
*8501
*000
'ELL DRILLERS
BLD
21
10o700
1 40*0
1 1o5
1*5
2*0 1
v,700
o850
*000
'ELL DRILLERS
HWY
11
11o350
1 40,0
1 1*5
1.5
2.0 I
..700
w850
*000
�ELL DRILLERS
H'wq Y
21
10-700
1 40oO
1 1 95
1*5
2o0
700
850
000
,AINTERS,
BL C
1
11 *5010.)
1 4,0 *+0
1 195
1 * 5
1,5 1
*675
s 750
a000
1*
HRLY
FORE RATE/1 HR
EXTRA
PAY
PER DAY
MINTERS (SIGN)
BLD
1
11,280
1 40,0
1 1o5
1o5
2,0 1
o750
*450
o000
1*
FORE -$2o070
DAY OVER
REG COMP
IPFFITTERS,
BLD
1
17,000
18.000
1 40*0
1*5
2,0
2*0 1
1.070
1e700
oOOO
'L UM B F PS
BLD
1
15*200
16o200
I 40,0
j 1o5
2,0
290 1
*800
1o000
*000
LUMBERS - T ErZ. H
BLD
1
14o400
15*400
1 40o0
1 1*5
1*5
2*0 1
*90D
*400
*000
LASTERERS
BLD
1
12 *870
13* 37+0
1 40*0
1 2*0
2,0
2*0 1
*875
1,070
oOOO
PRINKLR FITTIS
BLD
1
17*000
18,250
1 40*0
I 2,0
2,0
2,0
1v300
1*400
wOOO
0OFERS. COMP.,
BLD
1
149500
15,250
1 40*0
1 1*5
1*5
2,0
1o520
1*240
*000
HEETMTL WRKRS
8L C
1
14*850
15.6001
1 40,0
1 1o5
2oO
2*0 1
*970
o900
*500
TGN HANGERS
BLD
10o610
10*860
1 40&0
1*5
2*0
2,oO 1
*850
*640
*000
. .... . ......
ILLINOIS DEPARTMENT OF LABOR PAGE 2
CCNCILIATION AND MECIATION SERVICE COOK
PPEVAILTNG WAGES FOR CCNSTRUCTION TRADES 6/06/81
THESE PRFVAILING ir,AGFS SHALL BE INCLUDED IN THE ADVERTISED SPECIFICATIONS FOR
EVERY COt,.TR4CT TD WHICH ANY PUBLIC BODY9 AS DEFINED IN CHAPTER 48, SECTION 39 -Sir
TLL,P,FV.STAT,t IS A PAPTYo FCR CCMSTRUCTION AND/CR REPAIR, INCLUDING PANTING
ANO PFDFCr'lQ4TrNG, nF PUBLIC BUILDINGS OR PUBLIC WORKS WITHIN THE STATE OF ILLI-
NOIS WHICH Rr-QIJTRFS Cp INvrLVES THE EMPLOYMt ENT OF MIECHANTCS, AND/OR LABORERS, THE
A,
AINTMUM 'e#AGc,:Sv OVFP,'T'�E RATE ANC FRINGE BEI'JrFITS CERTIFIED HEREIN SHALL 86 PAID
4ND THE SCALE OF WAGES TO BF PAI C SHALL BE POSTED BY THE CONTRACTOR IN A PROMT-
NENT AND EASILY ACCESSIBLE: PLACE AT THE STAITE OF WORKs
RA'r,c-:S
FOR THE C11UNTY
OF COOK
EFFECTIVE AS OF 6/0,6/81
--------------------------------------------------------------------------------
NAME
OF TRADE
RG TYP
Cl
HOURLY
RATES
I WKLYIOVERTIME
RATS" -.
HIRLY FRINGE
RATES
Ll
1 HRS I
I
Sl
BASIC
FORMN
1 IWKDY/SA/SU-HLI
WELFR
PENSN
VACTN
STONE
wnRKr,-RS
BL D
14,4CC
l5v400
40e0 1 1o5
24,0
1,100
19100
*000
TIT LF WOR KE -0 S
B L 0
12,100
4) 2*0 2*,'*)
2,0
*81C
770
*C0-0
TRUCK
DRIVERS
AL L
11
11, 750
4000 1*5 1s5
2&0
,r950
10000
*00o
TRUCK
ORIVFRS
ALL
21
12*000
1 40*0 1, 1*5 1,5
2vO
*950
I o -100
*000
TRUCK
DRIVERS
AL L
31
12*200
40*0 1*5 l s 5
2*0
o950
1,000
vOOO
TRUCK
DRIVFRS
AL L
41
12s400
40on. 1*5 1,5
2,0
*950
1*000
01,000
TRUCK
r)RTVEPS W
AL L
1
12.2 50
1 40,0 1*5 1*5
290
*000
o 000
000
WELFR
$35w00
PWK/PENSN X43. CID
PWK
TRUCK
DR IV Er-, S W
AL L
21
12,350
1 40*0 1 lo5 1o5
2,0
vOOO
* ul 0 0
*000
I-*
WELFR
$35*00
PWK/PENSN $43c00
PWK
TRUCK
DRIVERS W
A L L
31
12*6CO
1 40*0 1 lv5 195
2*0
*000
*000
9000
Wt -*LFR
$35.00
PWK/P#-NSN $43*01)
PWK
TRUCK
OR IV FR S W
AL L
41
12,800
1 40 .0 1 105 105
2*0
*000
6000
w000
1'"'
WELFR
$35,00
PWK/PENSN $43,00
PWK
TPUCKRS-BLD,MAT
AL L
1
11, 757
1 40*0 1 1,5 1,5
2,0
*000
s,000
*000
WELFR
$36*00
PWK/PENSN $40* 00
PWK
TP,.UCKRS-BL D, MAT
AL L
21
12 0C'
1 40 , il 1 1,5 1*5
2&19
0.0u
9000
60010
1*
WELPR
$36.00
PWK/PFNSN $40* 00
PWK
TRLICKF<S-RL D, MAT
AL L
31
12*200
1 40*0 1 3 1*5
2*0 1
w000
*000
*000
it-
WELFR
$36,60)0
PWK/PF.NSN $41,00
P�vK
TR UC KP .5- BL D,,-iA T
AL L.
41
12*400
1 4°10,0 1 lo5 1 * 5
2*0
v000
9000
*000
I!,
WELFP
$36.00
PWK/PENSN $400' (DO
PWK
RDINANCE NO.
AN ORDINANCE ADOPTING THE MUNICIPAL CODE OF THE
VILLAGE OF MOUNT PROSPECT OF 1981
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: This Ordinance shall be known as the Municipal Code of
the Village of Mount Prospect of 1981 and shall be -.treated and considered
as a new and original comprehensive Ordinance which shall completely
supersede the Municipal Code of the Village of Mount Prospect of 1957
and all other general Ordinances passed by the Village Board prior to,
the date of adoption hereof, except such as by reference thereto are expressly
saved from repeal or are continued in force and effect for any purpose.
SECTION TWO,- Any additions or amendments to this Municipal Code when
passed in such form as to indicate the intention of the Village Board to
make the same a part hereof shall be deemed to be incorporated in this
Code so that a reference to the Municipal Code of the Village of Mount Prospect
shall be understood as including them,
SECTION THREE The Village Clerk shall maintain three copies of this
-Municipal Code. These copies shall be printed and preserved by the Village
Clerk in a book or binder in loose-leaf form so that all amendments thereto
and all general ordinances hereafter passed may be inserted in their
appropriate places in such volumes, and all section of the Code or ordinances
repealed from time to time may be extracted therefrom for the purpose of
maintaining said three copies in such condition that they will show an general
ordinances passed up to date at any time in such manner that ready
reference may be had thereto.
SECTION FOUR.- The Village Clerk shall prepare and publish revised sheets
or every loose-leaf page in need of revisions by re * ason of amendment or
repeal at intervals and not exceeding one year. The Village Clerk shall
distribute said revised loose-leaf sheets as well as said Municipal Code of the
Village of Mount Prospect for such fee as the Village Board shall direct.
SECTION FIVE!,,, All printed copies of this Municipal Code shall be deposited
with the Village Clerk. The Village Clerk shall deliver one copy thereof to
the Village President and one copy to each Village Trustee and one copy to
each head of a department of the Village, two copies to the Mount Prospect
Public Library. and copies to such other persons in each department of the
Village as requested or required. The Village Clerk shall sell printed copies
of said Code at -such price as the, Village Board shall fix.
SECTION SIX: Every section number contained by Municipal the Munical Code shall
00,
consist of three component parts. The first figure shall refer to the Chapter
number, the second figure shall refer to the Article within that Chapter
and the third figure shall refer to the section of that Article.
SECTION SEVEN: Reference to any section of the Municipal Code shall be
understood to refer to and include the penalty section relating thereto unless
otherwise expressly provided.
w
SECTION EIGHT: If any part, section, sentence or clause of this Municipal
Code shall be adjudged void and of no effect such decision shall not effect
the validity of the remaining portion of the Code �
SECTION NINE.: This Ordinance shall be in full force and effect from and
after its passage, approval and publication in pamphlet form as provided by
law.
PASSED and APPROVED this day of 1981.
AYES*
NAYS:
ABSENT:
PASS:
Village President
Village Clerk
RESOLUTION NO
A RESOLUTION ESTABLISHING A POLICY BY THE VILLAGE OF
MOUNT PROSPECT, ILLINOIS REGARDING MUNICIPAL ACTION
TO SEEK RECOVERY OF COSTS AND EXPENSES INCURRED IN
DEFENDING FRIVOLOUS LITIGATION
WHEREAS, municipalities have recently been the subject of a
heavy increase in litigation, particularly with respect to
"civil rights" claims; and
WHEREAS, much of this litigation has been determined to be
frivolous in nature and based upon claims which lack any-,
probable cause or foundation to support an injury or infringe-
ment of a right upon which recovery could be had against a
municipality; and
01
WHEREAS, such frivolous and nuisance suits have resulted in
an expenditure of time and expense on behalf of the municipalities
involved in defending the same, with the result that such liti-
gation has become a heavy burden upon the taxpayers; and
WHEREAS, it is the belief of the President and Board of Trustees
of the Village of Mount Prospect, Illinois that a public policy
should be established regarding the intent of this Village in
responding to such frivolous or nuisance litigation, in an effort
to dissuade and otherwise curtail such suits
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,' ILLINOIS:
SECTION ONE,: It shall be the policy of the village of mount
Prospect, Illinois to actively pursue the recovery of cost,
expenses and any and all other damages which may be incurred
by the Village in successfully defending frivolous or nuisance
lawsuits filed against the Village on claims or complaints which
are wholly without probable cause or foundation. Said Village
action shall be against the parties who have filed such suits
and shall be in the nature of a counter -claim, or a separate
action for malicious prosecution, or by way of a petition for
legal fees and costs and other expenses pursuant to the practice
rules of court, or in such other means as may be deemed feasible
and necessary by the Village in protecting the expenditure of
public funds.
SECTION TWO: The Village manager and the Village Attorney are
hereby authorized and directed to consider and evaluate each
lawsuit hereinafter filed against this Village and to recommend
to this Board a means of implementing the policy to recover legal
fees, costs and other damages incurred by the Village in a defense
of the same.
SECTION THREE: This Resolution shall be in full farce and
effect from and after its passage and approval in the manner
provided by law.
PASSED this day of , 1981.
AYES:
NAYS:
ABSENT:
APPROVED this day of , 1981.
ATTEST:
VILLAGE CLER:E
Ma
MAYOR
le
Wb
Village ol' Aflouint Pir ospect
IN40LIfIt Nospect, Illinois
[111
A
AI-J7,Vf IT
III III I III �N
TO: Village Manager
FROM-. Village Engineer
RE: Elmhurst Road Plaza Subdivision
DATE: July 2., 19 81
The easements for sanitary sewer, storm sewer and water mains for
the Elmhurst Road Plaza Subdivision (south Elmhurst Road) have
been reviewed by the Engineering Division and meet specifications.
I recommend the Village Board accept the dedication of these easements
and authorize the Mayor to sign any necessary documents.
Dennis Valentine
Viillage Engineer
VILLAGE BOARD ACCEPTANCE
OF
PUBLIC IMPROVEMENTS
PROJECT.- Elmhurst Road Plaza
*
"'.7est side of El-niihurst
LOCATION-- Road,, 2 blks. south of Algonquin Road
DATE: June 22,, 1981
/YES/ /NO/
ENGINEERING DRAWINGS APPROVED:
x
VILLAGE ENG'INE''',"
PLAT OF SUBDIVISION RECEIVED:
VILLAGE CLERK
PLAT OF EASEMENTS GRANTED:
PLAT OF SUBDIVISION RECORDED:
AS BUILT PLANS RECEIVED:
/X
AS BUILT PLANS REVIEWED AND APPROVED /—X—/ / /
VILLAGE HFR ,ENGINEER
VILLAGE CLERK
VILLAGE E!N'G1,Nt-,-'R
VILLAGE ENGINEER
P.U.D. CRITERIA MET
cow4uNin" DEVENT
RETENTION PONDS
INVOLVING LOT NUMBERS N/A
SIL AGI! 'T
LAGE ENGINEER
PUBLIC IMPROVEMENTS FOR APPROVAL:
WATER MAIN 1655 12 IT SIZE
SANITARY SEWER 590 FT.-- 811 SIZE:
STORM SEWER Private FT. Private SIZE
ROADWAYS Cul-de-sac/ Carb'MYILES
SIDEWALKS, 220 FT.
STREET/REGULATORY SIGNS N // Z A-1
STREET LIGHTS N/A
PARK1.7AY TREES 4 required NO. 3 n room for 4)
PARKWAY LANDSCAPING Completed
) SS
COUNTY OF COOK
Approved by the Board of Trustees of the Village of Mount Prospect,
Cook County, Illinois, this day of
19
SIGNED:
VILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
u
K c.N
t
(`cam•--1C_k't i � 5`Lt3 Cry -c. � � � � ��� � ..
d1k I.s
7
Y
Village of Mount Prospect
Mount Nospect, Illinois
TO -*
Village Manager
FROM:
Village Engineer
RE:
Elmhurst Road Plaza Subdivision
DATE: July 2,, 1981
The easements for sanitary sewer, storm sewer and water maims for
the Elmhurst Road Plaza Subdivision (south Elmhurst Road) have
been reviewed by the Engineering Division and meet specifications .
I recommend the Village Board accept the dedication of these easements
and authorize the Mayor to sign any necessary documents.
Denm*,s Valentine
Village Engineer
vio I I o�,, At! o u In' Pr o s p e c t
Mount Prospect, Illinois
TO: Village Manager
FROM: Director Public Works
DATE: June 26, 1981
SUBJECT:' Bid Results - Backhoe Tractor
Bids were opened on June 23, 1981, for the proposed purchase of a
diesel powered backhoe tractor. Bid tabulation as follows.,
Bidders
West Side Will County Ford
Lewis Int.Inc. Tractor Sales Co. Tractor & Kaiii
-
Make/Model IH 280 A JD 510 755 Ford
Base Bid $44,105-00 $56-.,916-00 $48,470-00
Opt. 16" Backhoe
Bucket 925.00 19650.00 850.00
apt. Steel Ripping
Tooth 890-00 11570.00 740.00
Total Bid - with
options $45,920.00 $60,136-00 $502060.00
This proposed purchase is a replacement unit for a 1970 John Deere
tractor. The old tractor will be offered for sale at the first
available auction after delivery of the proposed unit. There is
$52,000.00 allocated for this proposed expenditure, and the line
item can be found on page 108 of the current budget under the Water
& Sewer Fund.
I recommend acceptance of the lowest total bid of $45,920. 00 as
submitted by Lewis International Inc.
der Overt L Weeks
Director Public Works
hlw;jm
vi I I a" e 0, .._.Mount Prospect
Mount P'rospect, 111i1nois
INTEROFFICE MEMORANDUM
TO: Village Manager
FROM: Director of Public Works
SUBJECT: Bid Opening - Tree Removal Contract
DATE: July 1, 1981
Sealed bids were opened on June 30, 1981 for a proposed tree removal contract.
Bid tabulations as follows:
The bid specifications were structured that all payments would be made on a
diameter inch basis measured at breast height (D.b.h.). There were 7 invites=
tional bids sent out and all were advised that the greatest percentage of the
removals would be in the large class.
It is proposed that funding for this contract be allowed from monies allocated
to tree trimming. On page 97 of the current budget there was $70,000 allocat-
ed for tree trimming this year. After bidding out the trimming section based
upon our 5 year plan there is $18,000 left over and is available for the pro-
posed removal contract.
The purpose of this contract is to have assistance in the removal of diseased
elm trees. As you are aware, sanitation or prompt removal of diseased trees
is a requirement to curbing the spread of the disease. The proposed contract
is a supplement to our efforts. Our own crews will still be in the removal
program averaging 4-5 large trees per day. The proposed contractor will be
assigned a specific area of the community, and will remove those trees which
our forester marks and then will be responsible for cutting the tree down to
within 3 inches of the ground. He will have'his own personnel, equipment, and
will have to dispose of all debris. The Village will grub out the stumps
later in the fall.
I recommend that Hendricksen Tree Expert Inc. be awarded the contract for tree
removal, in an amount not to exceed $18,000-00. Recommendation based upon
lowest overall unit costs (estimated 65 trees for removal by contract; est.
200 trees have disease).
HW:1 f
Herbert L. 1,leeks
Medium
Large
Very Large
(12.6-24,5")
(24.6-36.511)
(36.6-48.5,11
Hendricksen Tree Expert,
Inc.
7.25 in.
8.45 in.
10.45 in.
Superior Landscaping Inc.
7.90 in.
8.90 in.
9.90 in.
Nels J. Johnson
No Bid
The bid specifications were structured that all payments would be made on a
diameter inch basis measured at breast height (D.b.h.). There were 7 invites=
tional bids sent out and all were advised that the greatest percentage of the
removals would be in the large class.
It is proposed that funding for this contract be allowed from monies allocated
to tree trimming. On page 97 of the current budget there was $70,000 allocat-
ed for tree trimming this year. After bidding out the trimming section based
upon our 5 year plan there is $18,000 left over and is available for the pro-
posed removal contract.
The purpose of this contract is to have assistance in the removal of diseased
elm trees. As you are aware, sanitation or prompt removal of diseased trees
is a requirement to curbing the spread of the disease. The proposed contract
is a supplement to our efforts. Our own crews will still be in the removal
program averaging 4-5 large trees per day. The proposed contractor will be
assigned a specific area of the community, and will remove those trees which
our forester marks and then will be responsible for cutting the tree down to
within 3 inches of the ground. He will have'his own personnel, equipment, and
will have to dispose of all debris. The Village will grub out the stumps
later in the fall.
I recommend that Hendricksen Tree Expert Inc. be awarded the contract for tree
removal, in an amount not to exceed $18,000-00. Recommendation based upon
lowest overall unit costs (estimated 65 trees for removal by contract; est.
200 trees have disease).
HW:1 f
Herbert L. 1,leeks
ou I 1� 16II
H'i 1 .11 h L N
... ....... . . ... . .
'Al"', ' U
0",,,f'Mount Prospect,,-
P'rospect, Illinois
INTEROFFICE MEMORANDUM
TO: Village Manager
FROM: Director Public 'forks " 7/
DATE: June 29, 1981
SUBJECT:" Sealed bid results - Catch Basin Cleaning Unit
Sealed bids were opened on June 23, 1981, for the proposed purchase
of a catch basin cleaning unit. Bid tabulation per the attached.
This proposed purchase is a replacement unit for a Vactor unit with a
Ford truck chassis that was purchased in 1968. The old unit is being
offered as a trade-in. There is $85,000.00 allocated for this proposed
expenditure and the line item can be found on page 112 of the current
budget.
When a piece of equipment of this cost is purchased, my g6al is to
have the unit outfitted in such a manner to make it as versatile as
possible. The old unit was used not only for cleaning catch basins,
but also picking up stump grubbings, dewatering excavations on some
water leaks, and picking up piles of leaves in the Fall. The unit
I would propose to purchase this time would be a truck with a 13 yd.
capacity pay load and have a street cleaning attachment. This optional
attachment is located on, the underside of the truck body.and has a
hydraulically driven wire brush that directs dirt which accumulated
on the street into a vacuum nozzle and thence into the truck body.
I recommend acceptance of the lowest base bid including trade-in on
a 13 yd. capacity VacAll machine as submitted by Schuster Equipment
Co. To that bid I would recommend adding the optional street cleaning
attachment for a total package cost of $83,D86-00
rt L. - Weeks.
Director Public Works
023M
attachment
June 23, 1981
Sealed
Bid Results -
Catch Basin Cleanin
it
- 0
cleaning attachment
BIDDERS
Optional soundproofing
Central Eng.
R. H. Lyons
Schuster
Peabody
package
Company
Equip. Co.
E uip.Co.
Meers Co.
Make/Mo del Vacuum
E 5 VacAll
Tarco CV3D
E 5 VacAll
Vactor 400
ease Bid 13 cu.Cap.unit
$74,453.00
$91,849.00
$80,996.00
- 0 -
Make/Model Truck for
IHC Co -1850
509000 GVW
Ford C800D
- 0 -
Z13 yd. machine
86,849.00
Ford LNT
- 0 -
'ade-in allowance
Base Bid 16 cu.cap.unit
$88,954.00
$98,400.00
$94,591.00
$79,685.00
Make/Model truck for
IHC COF-1950
60,000 GVW
Ford CT800D
Ford LNT 8000
16 cu. yd. machine
Optional vacuum street
$12,224.00
- NA -
$12,090.00
- 0
cleaning attachment
Optional soundproofing
3,790. 00
- NA -
3,790.00
- 0
package
Trade-in allowance
for
- 0
59000.00
102000.00
2,000.00
used 1968 unit
Base bid including
13. d.
74, 453.00
86,849.00
70, 996.00
- 0 -
'ade-in allowance
16 d.
882954.00
93,400.00
84,591.00
77,685.00
Base bid including
13 d.
86,677.00
- NA -
83,086.00
- 0 -
trade allowance and
16 yd.
1012178-00
- NA -
96o681.00
- 0 -
street cleaner
Base bid including
13 d.
90p467-00
- NA -
86,876-00
- 0 -
trade allowance and
16
Y_
104p968.00
- NA -
100t471.00
- 0 -
both options.
* No bid band included
Village of Mount Prospect
Mount Prospect, Illinois
a01Z
tic,,. � � s
TO TERRANCE L. BURGHARD, VILLAGE MANAGER
FROM: J. SAVAGE, ACTING CHIEF OF POLICE
SUBJECT: DIRECT PURCHASE REQUEST
DATE: 29 JUNE, 1981
For fiscal year 81'-82', the Mount Prospect Village Board authorized
$.16,500.00 in program account 21-041-.06-8008 for radio equipment.
These funds were designated to replace aging radio equipment pre-
sently in use.
For the purpose of standardizing Village equipment, the Police De-
partment requests consideration to waive bids and purchase direct
from the Motorola Corporation.
Since 1972 Motorola radio equipment has been used by the Mount Pros-
pect Police Department and the other communities comprising the North-
west Central Dispatch System. Said equipment has proven to be depend-
able for police use, while experimentation with other manufacturers
equipment has proven quite the opposite.
The Motorola quotations for nine (9) MT 500 portable radios was
$15,066.00 a $5,022.00 savings over the retail price of $20,088.00.
The one (1) Motorola I.S.P.E.R.N. mobile unit was quoted at the
Illinois State contract price of $1,387.00 as opposed to the normal
unit price of $2,125-00.
I firmly believe that in police communications it is extremely vital
to have reliable equipment as well as equipment that is familiar to
all users and compatible with our system. Therefore, it is my re-
conunendation that the 'Village Board authorize the purchase of the
ten (10) radios for the total price of $16,,453.00.
Respectfully submitte
I.M
J. Savage
Acting Chief of Police
JS/gal I
attachment
kellll
.0
Al
Address Reply to:
1309 E. Algonquin Rd.
Schaumburg, IL 60196
Communications and Electronics Inc. (312) 576-7000
June 23, 198E
Mt. Prospect Police Department
112 E. Northwest Highway
Mt. Prospect, Illinois 60056
Attn: Commander Daley
Dear Commander Daley:
In response to our meeting this morning, I am pleased to submit the
following quotation for the Motorola portable and mobile equipment we
discussed.
The portables quoted are Motorola's MT 500 Series Handie-Talkie radios
which offer an optimum balance of high performance, reliable advanced
engineering and hybrid circuit design. The MT 500 Series radios are
compatible with your existing MT 500 and' -HT 220 batteries and chargers.
Per your request, I am quoting an ISPERN mobile (item NL -14) from the
lllino. is State Contract. The price quoted,'is the joint purchase agree-
ment price.,
Pricing and equipment descriptions are as follows:
QTY MODEL # DESCRIPTION UNIT PRICE
H34BBU3164N MT 500., 4 -watt "Private line'', 6 $ 2:0232.00
frequency, 4 equipped, universal
portable radio, includes dual
charge nicad battery, flexible whip
antenna, public safety speaker/mic
with antenna
ISPERN mobile, 1 frequency equip- $ 21125-00
ped per Illinois State Contract
Item NL -14 without installation
and six months maintenance ($1,387.00)
TOTAL IF ALL ITEMS QUOTED ARE PURCHASED $ 161453-00
TERMS: Net 10 days
VALIDITY: 45 days
DELIVERY: 10 weeks ARO on MT 500; 26 weeks or less on ISPERN radio
1301 East Mgonquin Rd . SchaumbUrg, Illinois 60196 (312) 397-1000
............. ............... . ....... . . ..... . ...... . . .........
ILL 1 1,11 L1,12 t ill J El
Mt. Prospect Police Dept.
Page 2
June 23, 1981
Thank you for your continued interest in Motorola products and services.
If you have any questions or if I can be of assistance, please advise.
Very truly yours,
MOTOROLA
Communications and Electronics Inc.
David Nairn
District Sales Manager
Government Markets Division -
Central Area
DN/cb
Village ov,Mount Prospect
Mount Priospect, Illinois
TO: MAYOR AND BOARD OF TRUSTEES
FROM: VILLAGE MANAGER
DATE: JULY 2, 1981
SUBJECT: EMERGENCY REPAIRS - WELL 17
PROBLEM:
Well 17 is located to the southwest of Camp McDonald Road on
Route 83. As the Well was placed in operation in late June
of this year, water samples demonstrated high chlorides
(salt). The allowable limits of chlorides is 250 units and
the Well, after pumping for five days,'is producing 3,500
units. In its present state, the water is unsuitable for
consumption.
I I =0 0,101 ow"141
This Well was drilled in 1977-1978 to a depth of 1,950 feet.
After drilling, it was ,tested in July of 1978 and produced
165 units of salt which is within limits. Contracts to
complete the Well and pumping facility were let in 1980 and
start up of the operation occurred in late June of 1981.
Initial tests presented a high chloride content and at first
this measure was thought to be temporary. But after five
days of continuous pumping, the chloride level was not
reduced significantly to tolerable limits. The State Water
Survey Board and our consulting engineers of Baxter and
Woodman, were contacted and investigated the situation. They
surmise thata geologil cal shift has,occurred in the deep
(Mt. Simon aquifer). This -shift has not only introduced salt
to the Well but a great degree of water pressure from that
aquifii-'er. The Village has fire other deep wells that tap
the same aquifier with only nominal salt content.
FAI
The choices here are rather restricted in that the salt
cannot be allowed to be introduced to our water system or to
the aquifers above it. Wehave two basIc steps. Firstly,
the Well can be abandoned,in total, although that too would
require the capping of the salt aqu,if ier and the Well.
Estimated costs would run from �40,000 to $80,000 and we
would have the loss of the production of' that Well.A
second alternative which is recommended by, our consulting
engineers and has been used in other, corrimuni-ties is to
explode controlled charges in the Well just above the affected
aquifiers. The explosion should in theory cause debris to
fall into the remainder of the hole and then a sealing
operation takes place afterwards. This alternative, if it
works, would allow us to draw water from the remaining
aquifiers and give the Well a production capacity of between
800 and 1100 gallons per minute.
RECOMMENDATION:
The staff and the consulting engineer recommend that we
attempt to close off the Mt. Simon aquifer in an attempt to
maintain a productive Well in that section of the community.
If all goes as planned, the aquifier should be able to be
closed for $46,000. If, however, it - does not work the first
time, a second attempt would be made in which case the total
expense would not exceed $75,000. The consulting engineer
has suggested that there is a 10% chance of failure the
first time. This Well should be kept in production since
our current maximum recommended pumping rate of all Wells is
7.4 million gallons per day and our maximum day demand over
the past two years has approached 9.4 million gallons a day.
Without this Well and assuming that one of our other major
Wells should fail, our water supply system even with its
current storage capacity would be jeopardized. The Manager
recommends that the Board authorize emergency expenses for
Well 17 not to exceed $75,000. On page 108 of the Budget we
have set aside $140,000 for extraordinary Well repairs.
TERRANCE L. BURGHARD
TLB/rcw
c: Edward A. Geick
Martha Peppler
Herbert Weeks
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