HomeMy WebLinkAbout1886_0016/29/81
ORDINANCE NO.
WOMMMMMWANVANNOWWOM6
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 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 9 THEREFORE , BE IT ORDAINED 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
loom 1110' IN ow"10"llow
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 1981.
AYES:
NAYS:
ABSENT:
PASS:
Approved:
Village President
ATTEST:
W 0
Village Clerk
6/30/81
*RDINANCE 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 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:
Q
F.11
ATTEST: Village President
Village Clerk
A Butch McGuires, Ken's Den, Midwest Liquors , Mrs. P & Me.
Wille Liquors
B Carons' Meat N Place., Charlie Club g DoverInn,ElSomberos,
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, YeOlde Town Inn , The Reunion
C AlveeLiquors , BalzamoLiquors , Dominicks, Golf Eagle Liquors,
Liquor Shoppe, Osco, Mount Prospect Liquors, Walgreen's (Plaza),
Walgreen's (Golf & Elmhurst)
D Moose Lodge #660, VFW
E Mr. Peters
L Captains Steak Joynt, Kallen's Restaurant
M Holiday Inn (Raffles)
P Arlington Club Beverage
R Artemis, Fellinils, Honey Bee, jojoss, Patisserie, Pepe's Tacos,
Romance Restaurant, Sakura, Sue Mee, Torlishin
V Koyotoya Corp.
W Carl's Pizzeria, Moloney's Family Restaurant,
Wag's Restaurants Wa-Pa-Ghettils '
0
ORDINANCE NO.
AN ORDINANCE GRANTING SPECIFIED VARIATIONS FOR
PROPERTY AT 218 SOUTH LOUIS STREET
W H 1:J* RB A S
STANLEY FEDKO (hereinafter referred to as
1 3, 1 on, er
the, Pet ,t
% 1, 'S T
located at 218, S,O,u
th Louis Streett, in the Village"i0f" Mount Prop.
0,
Cook CO'untYr Ill. no s ec t
Propert,� 'and is (hereinafter referred 'to as the "Sub3
ect
WHEREAS, the Subject Property is legally described as follows.
Lot 9, ]*,.n Block, 19 all'in Bu se's Eastern Addition to
Mount Prospect in the East one-half (1/2) 1 -ion
12, Townshi of Sect,
1p �41 North, Range 11, East of the ThIrd
P,riinclpal 14erli.dian, in Cook County, Illinoisi, and
3 1
WHEREAS, the Sub'ect, Property Is located, 'in too R,-1 D-i,stri'ct
SJ.ngle Ra,,�mi,ly Res,"dence D,istrict under the provis"
ions of C ' hapter
14 of I the MUnAcipa.1 Code of the Village of Mount Pr�os
(here*nafter referred to as the ""zon,* spec
1-r�ig' Ordinance")1 and,
WHEREAS, Petitioner has hereto filed an application
following variations from the provisions of the seeking the
Zoning Ordinance:
A vardati-on, from section 1.4.1102 of Article X1 of
Zoning Ordinance the
to allow an exception to the, L,ot and ]Bulk
0
.Regulations regarding per mailssible Obstruction wlthin front yard
areas Of an R-1 Distri
1ct to allow for the, Parking off' triotor
vehicles in the front yard area.
2. A variation from Section 14.2602 of Article XXvI of the
Zoning Ordinance permit as a permitted obstruction within the
definition of a "yard" driveways providling an Off-street parking
area as well as ingress and egress to a lot.
Incorporated wit -h -In this request it's Petitioner's Plan to expand
his exist-ing, driveway 'to, a maximum width of 16 feet to provide
an additional parking area to the side of the entrance into and
Out Of Petitioner 's single car garage; and
WHEREAS, public hearing was held on Petitioner's request for the
aforesaid variations, which request is known as ZBA 6-V-81, before
the Zoning Board of Appeals of the Village of Mount Prospect on
May 28, 1981 and again on June 25, 1981 pursuant to due and
proper notice published in the Mount Prospect Hera'ld* and
WH,E-,4PE'Az_>,r tirle Zoning Board of Appeal!,5 has recomme-nded, to the
Board of Trustees of theVillage of Mount, Prospect, that the
Petit ,i.on er's, requ,est for the aforesaid var-iat.ons under, ZBA 6-,V-81
be, granted sub ject to Pet 'itloner's fi*.rst submitt Ing Plans tio
the Village, regardi,ng the desi,gn of Petlitionierts dr-i-veway expa'ns-
and the retai,n* i on
thereof ing wall runining al,ong the Northerly boundary
,, and Petitioner's obtaining the written a,Pproval of
Mrs., Helen Medal, th�e adjoi,nIng neighbor to the North Of I Petitioner'
property, concerning sai*d, drivewa, expansion and retaining wall
y
desIgn by no later than two (2) weeks, follo%.;*
said Plans; and Ing sub,M1'ss,j.o,n,_ of
0
V,"HEREASr Petitioner's proposed driveway expansion is set for
and designated on the Plat which is attached heretolabeled
"Exhibit A" and herein adopted by reference; and/
WrHEREAS, the President and Boarid,'.of Trustees have considered
the Petitioner's request and revewed the recommendation of
the Zoning Board of Appeals in ZBA 6 -V -81-r and
WFEREAS1 the President, and Board of Trustees of the v,illage of'
!_1011nt Prospect, h,ave deittermined that Peti"'tioner's variation
reauests satisfN7 the standards for °the grant, nthereof as
.- 4- �� i - - X
OL A I - I I C:
14.605) e V 1 0, L, t h, e
ZoAning Ul-aTiCe,
or' *
and f urther find that, it woul,d be '"in tl-ie best interests of tAl
Vil,Lage, of the reouested he
1"10u1,_1't PrOsPeCt to grant Petitioner
i
variat,io,nsll subje`ct to the condition of prior approval, of
Jlon e r ' S Plans and de * for driveway expans,i , -on and reta_:Lning
wall. P . %-sign
NOW/ THEREFORE. BE IT ORDAINtD BY THE PRE DE "NT AND BOARD OF
TRUSTEES OF THEJ VILLAGE OF MOUNT PRO SPECTI COJOK COUNTYtILLINOIS:
SECTION ONE: The recitals set forth hereinabove are incorporated
herein as f indings of fact by the President and Board of Trustees
of the Village of Mount Prospect.
SECTION TWO.- Subject to the conditiors hereinafter set forth, the
Pi_ �Sident _and Board of Trustees of the Village Of Mount Prospect
hereby grant Petitioner variations from the Lot and Bulk Regula-
tions and yard obstructions of the Zoning ordinance in Single
Family Residence Districts to allow Petitioner to expand his
driveway on his single 'family residence property to maximum width
of 16 feet and to use a portion of said driveway for the purpose
of parking motor veh-icle in the front yard d-1-1ve-way area.
SECTION THREE: The variations set forth in Section Two above
are subject to the following conditions:
1. Petitioner's driveway expansion plans and design,
shall be first submitted to the Village and approved in writing
by Mrs. Helen Medal of 216 South Louis Street, within two (2)
weeks of such submission as a prerequisite to any driveway ex-
pansion.
2. The driveway ex ' Dansion shall conform to the area designated
on the Platattached hereto as "Exhibit A".
3. No vehicle which is not in an operable condition shall
he parked, stored, or otherwise left on the Subject Property
unless it is fully enclosed within the garage situated on the
Subject -property.
SECTION FOUR: The variations granted herein relate to property
legally described as Lot 9 in Block 19 all in Busse's Eastern
.fid dition to mount Prospect in the East half (1/2) of Section 12,
Township 41, North, Range 11, East of the Third Principal'Meridian,
in Cook County, Illinois and commonly known as 218 South Louis
Street, nount Prospect, Illinois.
-1 2 -
SECTION FI " VE Except for the variations granted herein, all
other applicable Regulations and Provisions of the Zoning
Ordi"',nar),ce of the Village of Mount Prospect shall remain . in full
force and effect as to the Subject Property,
SECTION SIX: This Ordinance shall be in full force and effect
fro,m, and after its passage, approval and Publication in
provided by law. I the manner
PASSED this day of 1981.
AYES
NAYS:
ABSENT:
APPROVED this day of 1 1981.
VILLAGE PRESIDENT
VILLAGE CIJEkK ---I
RESOLUTION NO.
A RESOLUTION TO APPROVE AND AUTHORIZE THE
E N
EXECUTION OF A FRANCHISE AGREEMENT BETWE
THE VILLAGE OF MOUNT PROSPECT AND CABLENET
INC. FOR THE INSTALLATION AND OPERATION OF
A CABLE COMMUNICATION SYSTEM
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
provisions 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 television 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 "Franchli.se AcTreement"'I 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 for consideration 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
4.`:Mount Prospect, Illinois and CABLENET, INC. granting a non-exclu-
sive franchise for the installation and operation of a cable
communication system within this Village during a term of fifteen
(15) years commencing August 1, 1981, is hereby approved and.
accepted.
SECTION TO: The Mayor and the Village Clerk are hereby authorized
and d-17-rected to execute said Franchise Agreement, with the corporate
seal attached thereto, on behalf of this Villaqe, 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.-
rim
SECTION THREE: This Resolution shall be in full force and effect
upon its passage and approval in accordance with law, and th-e
Franchise Agreement approved herein shall take effect on August
ll 1981.
PASSED this day of o, 1981.
FAM., Ul
APPROVED this day 'of 1981#
ATTEST:
VILLAGE CLERK
MAYOR
FRANCHISE AGREEMENT
Table of Contents
Franchise Agreement .................
I
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
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 Channel .................. ...
19
- 20
SECTION
18:
Services to Municipality....................
20
- 21
SECTION
19:
Services to Educational and Other
Institutions ................................
21
- 26
SECTION
20:
Program and Production Assistance.........
26
SECTION
21:
Production Facilities .............. 4 , *4♦
27
- 28
SECTION
22:
Leased Channels ...........................
28
- 29
SECTION
23:
-,-Franchise Fee .....................
29
SECTION
24:
Liability and Indemnification ..............
30
SECTION
25:
Delegation of Powers ..................
30
SECTION
26:
......
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:
Amendments ...
34
- 36
SECTION
33:
Effective Date .................
36
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, underground conduits, manholes and other television
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.,
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
IR,
Portapak" means a small camera, which 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.
11SYstem" - 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 that, except to the extent they
may conflict with this franchis& or be expressly modified
herein, it hereby contractually binds itself, to the Municipality,
as to all commitments heretofore made by it to the Municipality,
the Northwest Municipal Conference and/or to any other
Municipality which participated with the Municipality in the
cable television franchising process, relating to construction
and operation of i ' ts 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:
L 1���est for Proposal for Providing Cable
Television Service in the Northwest Suburban
area of Greater Metropolitan Chicago., July 5,
1979.
- 3 -
2. Proposal for a Cable Telecommunication Net-
work for the Northwest Municipal Conference,
October 1, 1979.
3. "Cablenet U,date '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. Resp2nse 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 6, 1981.
8. Letter and attachments from Avis Nopar,
Community Programming Coordinator, Cablenet,
to Northwest Municipal Conference Access
Committee, April 27, 1981.
9. 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.
10. Letter from Walter Weckers to William Grams
dated June 10, 1981 regarding rates, definition
of Portapak and prewiring of multiple dwelling
units.
- 4 -
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.
I
(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 agreesthatthe Municipality
shall in no way be bound to renew 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 ordinance #3120 and this
Franchise Agreement, including but not limited to FCC approval
of a franchise fee of 5% of gross revenues and any special
licenses or permissions associated therewith.
. .... . . ....... . .
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 extension
of subscriber service to all of the Municipality within two
(2) years of the effective date of the franchise.
5
establish reasonable star"'-"1Tds of seg 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.
(10 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 portion's
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.
(j) To the extent permitted by law, to limit the length
and frequency of commercials and the time devoted thereto in
relationship to the total time devoted to programming.
(k) To levy a tax upon subscribers, or upon the franchise
operations, occupation, service or privileges provided herein,
to the extent permitted by law.
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.
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. If the franchisee determines
that a line extension is not economically feasible, then it
may request the Village for relief from this provision. The
Village may or may not grant such relief, however, the request
may not be unreasonably denied.
7
SECTIO, "---'r)ESCRIPTION OF SYSTEM DES "'N'
(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.
(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.
SECTION 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
I
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 (20) 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
ls to be delivered to each
interconnect hub. Should the parties fail 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:
I
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 111unicipality 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.
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.
If cable, whether standard VSB/AM NTSC
channels, or 'MTV (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 realistically
expected with a combination 01 phase -locked
and non -locked carriers.
4)
A showing concerning 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,, --11-1,
STANDARDS AND RES TRI CTIONF----AS TO CONS ,r,.--,7,CTION'
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 fees for construction of the Franchisee's
cable line shall be waived. The Grantor may
charge the Franchisee for "out of pocket"
expenses for inspectional services performed
during construction of the cable system or
for "out of pocket" expenses incurred during
inspection in response to complaints received
by the Grantor about the system construction or
work performed by the Franchisee for any individual
subscriber drops or installations.
4. The Grantor may charge the Franchisee for
"out of pocket'" expenses incurred for the
review of preliminary or final engineering plans
and specifications for the cable system. All
construction and engineering plans must be
approved by the Grantor before the commencement
of construction on any part of the cable system.
(b) No construction, reconstruction or relocation of
the cable television system, or any part thereof, within the
streets shall be commenced unless written 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 continufty of pedestrian and vehicular
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......... .. . ... ......... . . .. .... . . . . ....... . .
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
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.
-1,4-
(f) No poles or other wire -holding structures shall be
erected by the Franchisee without prior approval of the
Village Engineer with regard to 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 I 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.
-15-
(i) 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 as 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 A (map).
a
(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
the 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 B, and pursuant to the Cable Communications
Code, no monthly subscription rate shall be charged. Activation and
installation of this service shall be performed on the same
construction schedule as for subscribers in the immediate area
in the Municipality.
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SECTION MAINTENANCE AND CUSTOMER .,,_,v(,VICE
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.
aD
(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 quipment 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
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.
(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
annels 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 and Village 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. Nothing herein shall be construed to limit the
-19-
liabilit, of any person removingsuch equipment frog, "'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 •.
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
Fire Station #1
112 East Northwest Highway; 60056
Fire Station #2
1601 West Golf Road; 60056
Fire Station #3
2000 East Kensington; 60056
11
Franchist--%-- 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 Elementary
Frost School
Holmes Junior High
John Jay Elementary
District 26 - 1900 East Kensington Road, Mount Prospect, IL 60056
- Bond Elementary
- Feehanville Elementary
- Indian Grove Elementary
- River Trails Junior High
- Euclid School
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 Prospect Public Library - 10 South Emerson, Mt. Prospect,
Illinois 60056
Mount Pro&T)ect Park District - 411 South Maple Street,
Mount Prospect, Illinois 60056
River Trails Park District - 1313 Burning Bush Lane,
.. . ................
Mount Prospect, Illinois 60056
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
tion 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
District 26 - 1,900 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 Pr.ospect Public Libras
10 South Emerson Street, Mount Prospect, IL 60056
(4) One channel for the park district serving the
Municipality.
Mt. Prospect 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 instituti(5ns 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, with the concurrence of the municipality,
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
ailable 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
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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.
•NINE a r E. ...... .
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, Community
Access Coordinator, StudioSupervisor/Producer, and Studio
Technician. Staff shall be provided within two (2) years of
the effective date of the Franchise Agreement.
1. A 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 communit 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 supervisor/producer 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 technician 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.
(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.
1. 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.
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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(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 obiectional interference with 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
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announcement or program is cablecast. Rates for all political
announcements will be uniform and non-discriminatory.
SECTION 23: FRANCHISE FEE
In consideration of the privileges granted under the
Cable Co * mmunications 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.
M
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 sup of $5,296.00 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.
�,ECTION 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 heat 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.
SECTION 30: FRANCHISE REVOCATION PROCEDURE
(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 final judgement by a court 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 andelays due to: War; riot; insurrection; rebellion;
y
strike; lockout; unavoidable casualty or damage 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 Prospect that it has been granted a cable television
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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:
1. 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 re 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.
The decision of the Village of Mount Prospect requiring
the incorporation of a term *car condition into the Franchise
shall be governed by paragraph (a) above.
SECTION 33: EFFECTIVE DATE
009"
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
J. 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
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 TF!E 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
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 .11 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, 10.81,, 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
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 partiuclar 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 in a
newspaper of general circulation within thearea ' 1
a copy of this Ordinance,
and the publication shall constitute notice that the determination is effective
and that this is the determination of the public body.
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.
AYES:
I
NAYS:
ABSENT:
PASS:
ATTEST:
Village Clerk
Approved:
Village President
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