HomeMy WebLinkAbout0226_001MINUTES
COMMITTEE OF THE WHOLE
JUNE 12, 1990
I. ROLL CALL
The meeting was called to order at 7:35 p.m. Present at the meeting were:
Mayor Gerald L. Farley; Trustees Mark Busse, Timothy Corcoran, Leo Floros,
and George Van Geem (at 7:55 p.m.). Absent from the meeting were: Trustees
Ralph Arthur and Theodore Wattenberg. Also present at the meeting were
Village Manager John Fulton Dixon, Assistant Village Manager John Burg,
Finance Director David Jepson, Planning and Zoning Director David Clements,
Police Chief Ronald Pavlock, Deputy Police Chief Thomas Daley, Deputy Police
Chief Ronald Richardson, Police Sergeant Dick Draffone, Deputy Fire Chief
Lonnie Jackson, Fred Borich of Donohue and Naras of Donohue and Associates;
three members of the press and eight persons in the audience.
11. MINUTES
The Minutes of the Committee of the Whole meeting of May 22, 1990 were
accepted and filed. Trustee Van Geem was absent when the Minutes were
approved.
A resident of Timberlake Apartments said there is a lack of parking at her
complex. She requested that residents be allowed to park on the street overnight.
Mayor Farley referred this issue to staff for a recommendation.
Mayor Farley introduced the discussion of the Public Safety Building. Mayor
Farley felt it would be appropriate to use the Income Tax Surcharge Revenue for
the Public Safety Building which will benefit the entire community.
Village Manager John Dixon explained the various alternatives for the Public
Safety Building outlined in his memo of June 8. These alternatives include
possible cost-cutting scenarios such as a 10% reduction in the building costs.
Manager Dixon noted that approximately $6.5 million in Debt Service will be
eliminated by 1993. The various options would require Bond Issues of between
$4 million and $5 million.
Mayor Farley asked what compromises in quality would be necessary to reduce
the building cost. Fred Borich indicated that the public's perception of the
building would not be changed. It would still be a quality building. Some
examples of reductions would be a 5" floor slab instead of a 6" slab, the HVAC
on the roof instead of indoors, and a lesser quality of roofing materials and
insulation. Mr. Borich indicated that the maintenance costs would be higher.
Mayor Farley asked Mr. Borich what he thought about the option of eliminating
the underground parking structure at the site of the current Public Safety Building
and providing for parking on outlying lots. Mr. Borich said failure to provide
adequate on-site parking would add to the congestion in the downtown area. He
noted that the old Public Works facility had inadequate parking years ago when
it was first developed. While the Village Ordinance would require 166 parking
spaces, this study shows a new Public Safety Building would require 99 parking
spaces. Mr. Borich said he would prefer to leave the parking on-site to provide
appropriate and adequate parking into the future.
Mayor Farley asked Police Chief Pavlock to explain his concerns about the need
for underground parking. Chief Pavlock said that he and the Public Safety staff
are concerned about safety and congestion in the area. He said his employees are
not afraid to park their cars at a remote lot and walk to work. However, he did
not feel it would be wise to build a facility without adequate parking. He noted
that there was some concern about vandalism to employee vehicles and about
employees walking to and from off-site parking late at night or during periods of
inclement weather. Chief Pavlock said the members of the Committee felt that
adequate parking on-site should be provided to avoid future problems.
Trustee Busse asked how much revenue the Village will receive from the Income
Tax Surcharge. Finance Director Dave Jepson said the Village should receive
approximately $2.7 to $2.8 million.
Trustee Busse noted that the Board had previously made a decision to build at
the site of the current building. He said we have had good downtown
development meetings, and that using the old Public Works building site would
compromise the downtown redevelopment. Trustee Busse was not in favor of
building a new facility with any deficiencies. He said the Village had not allowed
businesses to tear down houses for parking, and so he was not in favor of the
Village tearing down houses to put up parking lots. Trustee Busse supported the
use of the Income Tax Surcharge. He felt the Village should go along with
Donohue Option A, which would provide for the new Public Safety Building at
the current site including the underground parking structure but with the 10%
building construction cuts as outlined by the Village Manager.
Trustee Van Geem felt that the Income Tax Surcharge skews the discussion. He
said a new facility at the current site is either a $7.2 million or a $6.2 million
project depending upon whether the underground parking will be provided. He
still felt the Pine Street location is the best option.
-2-
Mayor Farley said that it is not misleading to use the Income Tax Surcharge
revenue for this purpose. He said that when the $6.2 million Public Woks facility
was built, the Village took $1 million from the Water Fond and $1 million from.
the Capital Improvement Fund to reduce the Bond Issue to $4.2 million. He said
this method did not confuse anyone as to the real costs involved.
Trustee Floros agreed with Trustee Busse that the location of the Public Safety
Building has already been decided at a previous meeting. He then asked how
much the underground parking structure would cost. If the underground parking
structure would be deleted, Mr. Borich said it would cost about $900,000 to $1
million. He said this would provide 61 parking spaces below grade and 38
parking spaces at grade level. Mr. Borich said a sally -port would still be required
at grade level. This would mean that booking, interview and detention would
need to be placed at the first -floor level.
Village Manager John Dixon said it is important to come to a decision tonight
because the schematic designs would take six weeks to complete. These designs
will be necessary in order to go to Referendum.
Trustee Corcoran also felt the Board should not reconsider the Public Works site
as this issue has already been decided. He would like to see the Village continue
with the wise use of underground parking such as that presently provided at the
Library. He felt the Village needs to cut the expenses on this project and then
decide if the project is affordable. He felt the Board should focus on the full
project cost.
Mayor Farley felt it was perfectly legitimate to show the bottom line figure
required for the Bond Issue.
Finance Director Dave Jepson said the report prepared by the Manager was an
attempt to show the actual Bond Issue requirements. The Village expects to make
a certain amount of money from the arbitrage on the Bonds which, of course,
could be used to pay for some of the furniture costs. However, most of the
furniture expenses will have to be paid out of the operating budget over several
years.
Trustee Floros did not feel that residents would have any difficulty discerning the
actual costs of the project. However, Trustee Corcoran was still concerned that
the discussion should center on the total costs involved rather than the Bond Issue
amount.
Trustee Van Geem asked if the 99 parking spaces proposed by Option A would
be adequate to expand the Public Safety operations in the future. Mr. Borich
noted that the Police study regarding parking needs focused on the 2:00 p.m. -
5:00 p.m. timeframe, the peak demand period. He felt that the 99 spaces would
be adequate for the life of the building.
-3-
Trustee Van Geem, felt that adequate parking for community uses at the new
Public Safety building should be provided. He agreed with Trustee Busse that it
would be unfair for the Village to raze homes to provide parking since we did not
allow businesses to do this.
Chief Pavlock said that many community events are held in the evening and that
the 99 parking spaces envisioned by Option A would be adequate.
There was a consensus by the Board to proceed with the Option A project
schematic design report by Donohue, providing for on-site parking with the
underground parking structure but with the suggested 10% construction cuts. This
schematic design report will cost $43,550 and will require six to eight weeks to
complete.
Trustee Van Geem noted that the Committee which worked on reducing the
expense for the Public Works building did an excellent job and he would like to
see this concept followed during the Public Safety project.
Village Manager John Dixon reported that the Park District will meet Thursday
night. Park Officials may want to meet with Village officials following that
meeting to discuss the Melas Park Agreements.
0�3i!V&41111004.
There being no further business to come before the Committee of the Whole, the
Committee moved on to the next item of business.
Trustee Busse moved, seconded by Trustee Van Geem to adjourn the meeting at
8:58 p.m. Motion carried unanimously.
JPB/rcw
Respectfully submitted,
JOHN P. BURG
Assistant Village Manager
-4.
P
Village of Mc4jnt Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: John Fulton Dixon, Village Manager
FROM: David C. Jepson, Finance Director(:L�
e�/_
DATE: June 21, 1990
SUBJECT: Update of State Income Tax Surcharge Estimates
The purpose of this memo is to provide an update on the amount of the State Income Tax
Surcharge the Village is expecting to receive and to point out the possible effects
of the distribution method on the 90/91 and 91/92 budgets. To support certain points
of information, I am attaching copies of the following: 1) Letter from Representative
David Harris dated July 1, 1989; 2) Letter from Illinois Department of Revenue dated
May 18, 1990; and 3) Schedule of State Income Tax Receipts 1985/86 - 1989/90.
During the closing days of June 1989, a 208 State Income Tax Surcharge was introduced
and adopted by the State Legislature. The legislation had not been anticipated, and
although the stated purpose was to help education and local governments, it is
generally accepted that in effect it was a "bail-out" for the City of Chicago. The
Surcharge is for the two-year period of July 1, 1989 through June 30, 1991.
Initial estimates by the Illinois Economic and Fiscal Commission indicated that the
Village of Mount Prospect would receive $3,354,220 over the two-year period. However,
we were not informed as to how the additional funds would be distributed or when we
would start to receive them. If we were to actually realize this amount, it would mean
that the Surcharge would need to be approximately 1058 of our current State Income Tax
receipts.
We received the first payment on August 30, 1989 and along with the payment an
explanation of how much was regular State Income Tax and how much was the Surcharge.
The first Surcharge receipts were about 818 of the regular State Income Tax amount and
we recorded both the Surcharge and the State Income Tax according to the information
provided. I did not think this was unusual as I had expected a time lag before the
full Surcharge would be realized.
The second Surcharge receipts represented about 648 of the State Income Tax amount and
the third allocation was 718. Again, we recorded the receipts based upon the
information received from the Illinois Department of Revenue. During this time, the
amounts of our State Income Tax receipts were considerably higher than they had been
during the previous year. Initially, I did not think it was too unusual because we
have seen fairly large variations in the past. Also, for the two months prior to the
effective date of the Surcharge (May and June), we had 16.128 and 13.538 increases in
the State Income Tax over the previous year. However, as the trend continued I became
concerned and called several other Finance Directors and found out that each were
John Fulton Dixon 2
Update of State Income Tax Surcharge Estimates
experiencing similar increases. We called the Department of Revenue and they assured
us the distributions were correct.
For the first seven months of the 89/90 fiscal year (May - December 1989) State Income
Tax receipts were $919,457 compared to $788,023 for the same seven months in 1988 for
an overall increase of 16.78. Based upon this information, I raised my estimates for
State Income Tax for the 89/90 fiscal year and increased the expected amount in the
90/91 budget. At the same time, Surcharge receipts were somewhat lower than expected,
but I was not concerned because I thought they would balance out over the two-year
period.
After we received the May 1990 distribution of State Income Tax and the Surcharge,
(which is recorded as the last month's revenue for the Village's 89/90 fiscal year)
I tried to analyze the pattern of receipts and to update my estimates. During my
review, I discovered that the total Surcharge receipts for August 1989 through May 1990
of $1,037,249 represented 70.8% of State Income Tax receipts for the same period.
Additionally, although the percentages for the first two months were 818 and 648, the
percentage for the last eight months was 70.88 and the overall percentage was 70.88.
Based upon this analysis, I prepared the following update of the estimates of the State
Income Tax and the Surcharge that we should receive over the two years the Surcharge
is in effect:
89/90 FY
90/91 FY
91/92 FY
Total
(10 months)
(12 months)
2 months)
(24 months)
State Income Tax $1,465,050
$1,863,500
$410,450
$3,739,000
Income Tax Surcharge 1,037,250
1,319500
290,250
2,647,000
Totals 52.502.300
183,000
70 .700
6 386„000
From the above amounts, it can be seen that the revised estimates for the Surcharge
total $2,647,000 rather than the $3,354,000 as initially reported.
Because this amount was significantly less than the original projection, I again
discussed the issue at a meeting with other Finance Directors. At that time I was
informed that one of the Finance Officers had received an explanation that total State
Income Tax receipts were being distributed as follows:
Local Government Income Tax (1/12 of total) 8.338
Local Government Surcharge 5.908
Education Surcharge 7.308
State of Illinois Share 78.478
Total 100,00%
John Fulton Dixon
Update of State Income Tax Surcharge Estimates
3
To prove this distribution, I then compared the distribution of $1,000 before the
Surcharge and $1,200 with the Surcharge ($1,000 + 208). The results are listed below::
Local Govt. Share (8.338)
Local Govt. Surcharge (5.98)
Education Surcharge (7.38)
State of Illinois Share (Bal.)
State Income Tax
Distribution
Aefore Surcharze
$ 83.33
917,67
�l 000.00
State Income Tax
Distribution
With Surcharge
$ 100.00
70.80
87.60
941,60
JL20OAO
From the above schedule, it can be seen that the Local Government Share of the
Surcharge at 5.98 of the total is $70.80 compared to $100.00 for the distribution of
the Local Government Income Tax Distribution. The $70.80 is 70.88 of the $100.00.
The effect of the distribution method used by the State has resulted in an increase
in the amount of State Income Tax by 208 and an understatement of the amount of the
Surcharge by 208. ($100.00 + $83.33 — 1208). If the entire amount of the Surcharge
would be allocated to the Surcharge distribution, the two year results would be as
follows:
Estimated Receipts Revised
(24 Months) gedistribution Totgls
State Income Tax $3,739,000 $<623,000> $3,116,000
Income Tax Surcharge 2 47,000 623,000 3,270,000
Totals 6386,OOQ 163E6,00
The above schedule shows that the actual receipts attributable to the Surcharge should
be $3,270,000 rather than $2,647,000 based upon the distribution method used by the
State of Illinois. This amount is much more consistent with the initial projections
by the Illinois Economic and Fiscal Commission.
The above explanation is intended to provide some background information regarding the
Surcharge and the process we go through to estimate revenues. One of the solutions
would be to adjust the distribution received from the State of Illinois by reducing
State Income Tax by 208 and adding this amount to the Surcharge. My concern is that
I had revised my estimate in the 89/90 budget for State Income Tax and estimated the
90/91 budget amount based on the higher level of receipts. Making this change now
would cause a shortfall in the available balance of the General Fund of approximately
John Fulton Dixon
Update of State Income Tax Surcharge Estimates
4
$370,000, as of April 30, 1991. 1 had estimated Income Tax at $1,675,000 in 89/90 and
$1,775,000 in 90/91 but if we change the distribution, those amounts would be
$1,530,000 and $1,550,000, respectively.
In summary, we need to make a choice between the following three options:
L Record the Surcharge as reported by the State of Illinois and allocate
approximately $2,647,000 for Capital Projects.
2, Adjust the Surcharge to include the amount currently being distributed as
Income Tax. This option would provide approximately $3,270,000 for Capital
Projects.
3. Adjust the Surcharge by an amount less than the total difference that is being
reported as Income Tax. This option would provide an amount between
$2,647,000 and $3,270,000 for Capital Projects.
The concern over using the second option is that it could reduce the available
operating funds for the 91/92 budget by up to $370,000.
I realize this has been a somewhat complex presentation, but I thought it was important
to bring to your attention. It is my recommendation that we wait until the six-month
budget review of the 90/91 fiscal year to determine whether other funds may be
available to make-up this potential shortfall. Nevertheless, I think it is a signal
that as much restraint as possible be exercised in the current fiscal year.
DCJ/sm
Enclosures
DISTRICT OFFICE:
1635 SO. ARLINGTON HEIGHTS ROAD
ARLINGTON HEIGHTS. IL 60005
312/952-1995
CAPITOL OFFICE:
2016 STRATTON BUILDING
SPRINGFIELD. IL 62706
217/782-7776
GENERAL ASSEMBLY
STATE OF ILLINOIS
DAVID HARRIS
STATE REPRESENTATIVE
July 1, 1989
MEMORANDUM FOR: Mount Prospect V1 e Officials
I t�*
FROM: David Har I I
SUBJECT: Im act of nome Tax Hike on Village Revenue
Yesterday the Illinois General Assembly passed an income
tax increase of 20% for the next two years. The plan which
was passed was very similar to the one which passed the House
of Representatives earlier this year and about which I previ-
ously wrote you; however, this increase is slightly greater
than the previous one.
The Illinois Economic & Fiscal Commission (the revenue
forecasting agency of the Illinois legislature) estimates that
Mount Pfospect will re6e'i\7e the following amounts of revenue
from the tax hike because of its share of the Local Government
Distributive Fund:
FY '90 (Jul 1, '89 - Jun 30, 190): $1,615,8354 -3 3 54
Flo
FY '91 (Jul 1, '90 - Jun 30, 191): 1,738,385� ,
ILLINOIS ECONOMIC
AND FISCAL COMMISSION
COMMITTEES:
APPROPRIATIONS I
FINANCIAL INSTITUTIONS
COUNTIES AND TOWNSHIPS
TRANSPORTATION AND
MOTOR VEHICLES
Again, I mention to you that this is a temporary tax
increase which will be reviewed during the 1991 legislative
session.
Feel free to contact me if I can provide any additional
information on this matter.
13
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Village of lounit~ Prospect
Mount' Prospect, Illinois
INTEROFFICE MEMORANDUM"'
TO: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES
FROM: VILLAGE MANAGER
DATE: JUNE 22, 1990
SUBJECT: PARK DISTRICT'S REQUEST FOR REVIEW OF
BANNING OF DOGS
After reviewing the information presented to us by the Park District, as well as the
Citizens' Committee Against Banning of Dogs in the Parkway, I have the following
comments to make.
1. Arlington Heights, River Trails and Des Plaines Park Districts, which are
also within the corporate boundaries of the Village of Mount Prospect, ban
dogs in their parks presently. There has not been a number of complaints
or calls made concerning this activity. The vast majority of calls that we
have for dog complaints have to do with barking dogs late at night.
Prospect Heights Park District, which is within the corporate limits of the
Village of Mount Prospect, does not have a ban on dogs, however, they
only have one small park within the corporate limits. If there is to be a
different policy for one Park District over other Park Districts, it may cause
us to provide different levels of services to different Park Districts. If, in
fact, one Park District wishes to enforce an Ordinance or an activity at a
higher degree, the Park Districts are permitted by State Statutes to provide
for funding through a Tax Levy for these particular prohibitions and should
be encouraged to do so.
2. The Board needs to concern itself with priority of dog complaints that
would be necessary to ensure that enforcement of the Ordinance takes
place. If an Ordinance is placed on the books and is not enforced, then
it is not worthwhile having it on the books. If there is an Ordinance on
the books and we are enforcing it, we need to understand the priority that
will be placed upon this activity. It would cause us to take away from
other activities if there are higher priority requests.
3. The period of time that there appears to be problems with dog complaints
of the nature that is being reviewed by the Park District are early morning
hours and early evening hours. It is not a convenient period of time for
us to hire an individual that would take care of this problem since they
would need to be around more than just an eight-hour period of time and
secondly, both time periods are extremely busy ones for the Police
Department and would coincide with an already busy schedule in the Police
Department for responding to other calls.
4. There has been excellent information put together and reviewed by the
Committee Against Banning Dogs in the Park. Particularly, they have spent
a considerable amount of their report indicating that particular parks may
be appropriate for allowing dogs for exercise purposes. This, I believe,
personally is an excellent idea, however, two of those parks are parks in
which the Village of Mount Prospect either owns or has control of activities
in those parks. Those parks identified by the Committee are Melas Park
and Clearwater Park. The Village Board needs to determine if we wish to
allow dog exercising in these parks.
I believe they have come up with a very workable compromise as far as selective parks
throughout the community and should be considered in lieu of a total ban on dogs in
parks which would cause our Police Department additional activities and work.
JOHN FULTON DIX N
JFD/rcw
Mount Prospect Police Department
1 12 E. Northwest Highway Mount Prospect, Illinois 60056
AN ACCRED u.C) A6.,VP1CY
Ronald W. Ravlock (708) 870-5656
Chief of Police FAX (708) 392-1070
TO: JOHN BURG, ASSISTANT VILLAGE MANAGER
FROM: RON RICHARDSON, DEPUTY POLICE CHIEF
SUBJECT: ENFORCEMENT OF PARK DISTRICT ORDINANCE
BANNING DOGS FROM PARKS
DATE: 22 JUNE 90
At a Police Department staff meeting earlier this year the Park
District's ordinance banning dogs in the parks was discussed. At
that time staff noted that the Police Department was not involved
in the research or development of this ordinance and had not been
consulted by Park District staff regarding enforcement policy and
procedure. As a result staff tabled the development of an
operational directive on the ordinance pending consultation with
Park District staff. Police staff did compose the following list
of concerns regarding enforcement of the dog ban ordinance:
11. The Police Department has two basic forms for citing this type
of ordinance violation; the parking ticket and the long form quasi -
criminal complaint. The parking ticket may be used as a personal
service citation at the scene of a Village ordinance violation
because it requires no bond or formal arrest processing. The long
form complaint requires that the violator be transported to the
police station, that the complaint be signed and clerked, and that
a cash bond be taken and receipted. The wording of these complaint
forms seems to indicate that the long form complaint is the
applicable form on which to cite Park District ordinance violations
although the Department has used the parking ticket form for this
purpose in a limited capacity in the past. If it is necessary to
use long form complaints, it will be time consuming and problematic
to enforce the dog ban ordinance because it will require a
custodial arrest for a non-jailable offense. Staff does not
believe it appropriate to handcuff violators of this ordinance
prior to arrest transportation but unfortunately departmental
procedures require it. Staff recommends that corporation counsel
review the parking ticket form to determine if it can be used to
enforce Park District ordinances. As an added concern, parking
tickets may be issued by community service officers but long form
complaints must be completed by sworn officers. Finally, officers
may sign these complaint forms only with cause; if the cause is
contingent upon the testimony of a citizen, then the citizen may
be required to sign the complaint or appear as a witness in court.
:M
2. The enforcement of this ordinance by patrol personnel would
add another duty to their work days and consequently would reduce
their undedicated patrol time. Undedicated patrol time is that
amount of each officer's duty tour that is dedicated to
neighborhood patrol and self-initiat6d enforcement activity. The
current average of undedicated patrol time is at a level that
dictates that the department consider and prioritize additional
duties with care. Staff does not believe that the enforcement of
this ordinance will carry a high priority, especially in the
summertime when overall departmental activity is highest. Thus,
complaints of dogs in the parks may be held while higher priority
calls are dispatched first and citizens calling in dog complaints
may feel that the Police Department is not being responsive to
their service needs.
3. Historically, the court system has not supported the
enforcement of this type of violation. When compared to the
majority of the cases brought to court, dog violations appear
insignificant and are usually dismissed with a verbal warning to
the violator. Also, if police personnel are required to appear in
court on these cases, court overtime will increase.
4. Some park districts have their own security forces to patrol
the parks, to oversee park activities, and to enforce park
ordinances. Other park districts deal with violations through
educational and cooperative means. With the growing concerns in the
Village about the appropriate use of parks, staff believes these
options should be explored by Park District staff. To assign
officers to the enforcement of minor park ordinances will limit the
time they will have to patrol the parks for more serious criminal
activities, especially when the problem may be more reasonably
addressed by a less confrontational, more positive educational
approach.
These concerns represent the Police Department's preliminary
concerns; they may be mediated after discussion with Park District
staff. These concerns will apply both if the ban on dogs in the
parks is total or if it is limited in some manner. The
recommendations by some citizens that intermediate solutions be
implemented may only prove to further encumber patrol personnel by
adding an unnecessary element of subjectivity to field
investigations.
Mt. Prospect Park District
411 South Maple • Mt, Prospect IL 60056 • (708) 255-5380
June 15, 1990
Mr. John Dixon, Village Manager
Village of Mt. Prospect
100 South Emerson Street
Mt. Prospect, Illinois 60056
Dear John:
The Mt. Prospect Board of Commissioners has voted to ban dogs from
the parks effective July 1, 1990.
A group of resident dog owners has requested that the Board reconsider
the total ban and allow dogs in certain designated parks. Their
petition and recommendation is attached.
The Board recognizes that for the total ban, or ban with the exception
of those designated parks as recommended, to be workable the Village
of Mt. Prospect's full support is absolutely necessary.
We would appreciate knowing your feelings on this matter so that
we can proceed with a program.
Sincerel
Thom..
Director
MT. PROSPECT PARK DISTRICT
TTT/lk
L■J
Ladies & Gentlemen....
11 "" "p"^="p�s"" '"' "'= v'""p "'
Residents Against Banning Dogs, l ask that
you please contact me if`you have any questions
or if you would like to discuss any of the issues
in this report.
If you think it would be benifioial, members of
our group would be very willing to meet with all
of you or some of you to further discuss this
proposal.
Please contact me at 870-8615 (Home) or 297-4360 (Work)
at any time.
Sincerely,
Lisa Snead
Report To
The Mt. Prospect Park District
Board of Commissioners
From Residents Against
Banning Dogs
June l, 1990
TABLE OF CONTENTS
1) Proposals
2) Suggested Wording of Ordinance No. 283 Section 17
3) Suggested Parks
4) Thoughts and Ideas
5) Signatures of Committee Attendants
PROPSALS
It is our opinion that, as taxpayers, dog owners have rights and privileges
with regards to the parks, so long as they are used responsibly.
After sorting through many ideas and suggestions, we as a committee have come
up with four ideas that we feel are feesable and realistic.
The following proposals should be considered as an alternative to a total ban
on dogs in the parks. They are offered as a meeting ground with sensitivity
to the concerns of parents and teachers, and to the problems of enforcement.
Each proposal is designed to stand alone or to work in conjunction with the
others.
l) Restrict the use by dogs and owners to certain
parks or areas in the parks. (All areas surrounding
playgrounds and schools are to be included in the
restricted areas.)
2) Install an additional fee for a "park usage" license.
(Proof of payment by visible color coded tag on dog
and/or permit card carried by dog owner.)
Additional revenue generated by licenses can be
earmarked for enforcement.
]) All owners using the park must have on their person
utensils for the pick up and removal of dogs mess.
Failure to produce such utensils is grounds for
ticketing and/or revocation of park license.
4) An increase in the number and visibility of signs
posted in the parks clearly outlining all ordinances.
SUGGESTED WORDING OF ORDINANCE NO. 283 SECTION 17
"Nu person shall bring, permit or allow a dog or other domestic
animal in or on any Park without a current permit issued by the
Mount Prospect Park District. Use of the Parks will be
restricted to specific areas set aside for domestic animal
liesure activities. The owners must have means of removal of
wastes on their person, must keep the animals under proper
restraint and dispose of wastes properly during visits in -or
on any Park or their permit will be cancelled."
This is intended only as a
suggestion or a guidline.
Suggested Parks
The Park District is obviously much more familiar with the Parks
and their activities than we are. So we offer this list ONLY as
suggestions or guid|ines when considering which parks would
remain unrestricted with regards to our first proposal.
Melao Park
Weller Creek
Clearwater Park*
Kopp Park
Hill Street Park
Majewski Metro Park
(Lions park would be an
exceptionduring dug training
classes currently held on Wednesday
evenings)
*Clearwater Park does have a playground, but many residents use this
=1
I . Prospect Meadows Park
Fon' $I Ave
Tennis Court
Baseball Diamond
Basketball
Playground
Shelter
2. Meadows Park
North—sl Hwy 5 Gregory SI
Baseball Diamonds
SoftballDiamontls (2) 1 lighted
Swimming pool
Ice Skating Rink
Sheller
Playground
3.. Fairview Park lb School
Gregory St d Fairview $I
Playground
Baseball Diamond
4. Met., Park
Central Rd
Soccer Fields (4)
S. Westbrook School
Central Rd S Weller Ln
Playground
S. Wage Park
Between Lancaster SI d Wego Tr
Playground
Basketball
7. Mt. Prospect Goll Course
8 Community Center
Shabonee SI., west of Hwy 03
18 hole goll course
Clubhouse
C ommumly Center
Meeting Rooms
S. Weller Creek
Along Weller Creek & Council Tr.
Basketball
Scenic Trails
9. Robert T. Jackson Clearwater Park
Golf Rd 9 Busse Rd,
Playground
Tenors Courts (3)
Lake
Walking Path 0 time around' 3'• mile)
Shelter
10. Sunset Park
Lend ulsl Ave, 6 Wapella Tr
Baseball Diamond
Playground
11. Robert Froal School & Park
Linneman Rd. d Forst Dr
Baseball Diamond
Playground
12. Kopp Park
Dempster St. d Linneman Rtl
Baseball Diamonds (2)
Pathways
Recreation Center
Soccer Fields (31
13. Gregory Park
Gregory St. 8 Rand Rd
Baseball
14. Hill SI,NI Park
H II SI
1S. Emerson Park
Gregory St. & Emerson SI
Playground
Basketball
i8. Busse Park
Thayer 51 6 OWon
SI.
Baseball Diamond (2)
Playground
Basketball
17. Owen Park
Busse St. d Owen St.
Playground
Baseball Diamond
tS.. Lions Mamorlat Pack
411 S Maple St.
Administration Offices
Recreation Center
Baseball Diamonds (2) 1 lighted
Football Fields
Soccer Fields
Big Surf Wave Pool
Tennis Courts (B lighted)
Ice Skating Rink
Playground
19. Sunrlse Park
Lcmm uisl Sl. 8 Louis SI.
Baseball Diamond
Soccer Fields
Playground
20. Countryside Park
South Emerson SI
Playground
Basketball Court
21. Brentwood Park
Duties St. d Brentwood St
Baseball Diamond
Playground
Walking Path (1 time around- a mile)
22. High Ridge Knolls
Between Northwest Tollway d Mt.
Prospect Rd.
Baseball Diamonds (2)
2 Playgrounds
Ice Skating Rink
Pathways
Soccer Field
40
23. Elnsleln Park
Marshal St 6 Florian SI.
Baseball Diamonds (2)
Basketball Court
Playground
Sheller
24. Friendship Park
Algonguin Rd b Kolpin St.
Conservatory — Meeting Rooms
Baseball Diamonds (3) 1 lighted)
Playground
ke Skating Rink
Tennis Courts (4 lighted)
Footbait Field
Walking Path Mime smund = '. mile)
Soccer Fields (3)
2S. Friendship Canter
550 Elizabeth Ln
Auditorium
Gymnasium
Multipurpose Room
26. Deyonshlre Park
Pennsylvania Ave.B Winthrop Or.
Baseball Diamond
Playground
27. M►pwakl Metro Park
Elmhurst Rd & Wille Rd
Soccer Fields (4)
Baseball Diamonds 13)
THOUGHTS AND IDEAS
—RESTRICTED PARKS --The premise behind the first proposal is two fold.
Obviously keeping the dogs away from the areas most often used by
children (ie: schools and playgrounds) will lessen the incidents of
children tracking wastes on their shoes and clothing. Those parents
most sensitive to the possibility of dog wastes will be able to avoid
the unrestricted parks altogether.
Secondly, by cutting the number or parks used by dugs from a current of
27 to a proposed 6, you are drastically reducing the area to be patrolled.
—PARK USAGE FEE & REVENUE --The "park usage" fee would serve several purposes.
First, when obtaining a park license, the ordinances regarding restricted
parks, clean-up utensils and leash laws would all be made very clear to
owners.
Second, by making an owner go to the extra effort of obtaining a park
license, you are attracting a more responsible type of dog owner. One
suggestion was to go as far as reqmring proof of dug obedience training,
but that would probably meet with opposition from dog owners.
Third, revenue generated from the licenses would be available for enforcement
of the ordinances. There have been many suggestions on how best to police
the unrestricted parks (leaving the restricted parks to the Police Department).
One would be to leave it in the hands of the Police Department, directing
generated funds towards additional manpower -perhaps a special park patrol -
that would watch not only for irresponsible dog owners, but could also be
vigilant for other crimes commonly committed in the parks --such as littering
and vandalism.
Another suggestion was to police the unrestricted parks by a park district
employee --a position or positions created by the revenues generaged by
the park licenses. Again this position or team would also be on the look
out for all park crimes. A third suggestion was to utilize the position
of the Citizen Service Officers from the Village. Again the same team can
patrol for all park crimes.
Many ideas for the proof of payment of the park license fee were discussed
by the committee. The idea of a dog tag was decided to be the most feesable.
It is important to note that more readily visible proofs were discussed,
including special pires of doth to be worn by the dog while in the park'
—CLEAN UP tf[EN5lLS--This proposal is presented for ease of enforcement. The
idea of a litter law is nothing new, but the intent here is to be able to
revoke a park license and/or ticket a dog owner who does not possess -any
means of waste removal while in the park. This is in response to our
interpretation of the current ordinance, which is more difficult to enforce
because the dug and owner must be caught "in the act".
--ENFORCEMENT--We understand that the Police Department is not ready to
cooperate on anything but a total ban of dogs in the Parks. However
we feel that these proposals present a reasonable compromise in the area
of enforcement. 21 of the parks will have a total ban. This is a
total ban in the vast majority of the parks.
In the remaining § suggested parks, enforcement will be aided by the
park usage licenses and by requirment of utensils for waste removal.
The possibility exists of taking it out of the jurisdiction of the
Police Department altogether for the unrestricted parks.
— PROPONENTS --In conversations with several proponents of the dog ban,
the ideas presented in our proposal were looked upon as reasonable compromises
for both sides.
--FINAL NOTE --As responsible dog owners, we agree with the anti -dog waste
sentiments. We don't like to walk through it either! But a total ban
shouldn't have to be the answer. Before we consider a total ban, let's
at least try to reach a point that dog people and non -dog people can all
COMMITTEE ATTENDANTS*
I THINK THAT DOGS SHOULD BE ALLOWED IN THE MT. PROSPECT PARKS, AS
LONG AS THEY ARE ON LEASHES. I ALSO THINK IT IS THE OWNERS
RESPONSIBILITY TO PICK UP AFTER A DOG. I DO NOT THINK THAT
RESPONSIBLE DOG OWNERS SHOULD BE PENALIZED FOR THE ACTION OF THOSE
WHO DO NOT OBEY THE LAW.
DOG OWNERS CONTRIBUTE TO THE GENERAL SAFETY OF THE PARKS DURING
THE EARLY MORNING AND LATE EVENING HOURS BY MAKING USE OF THESE
SPACES.
NAME ADDRESS PLEASE CHECK
HERE IF YOU
OWN A DOG
(-ad 4-3 C 7,- 2-
✓ 2.
�4
3. CA
4
.-I
I THINK THAT DOGS SHOULD BE ALLOWED IN THE MT. PROSPECT PARKS, AS
LONG AS THEY ARE ON LEASHES. I ALSO THINK IT IS THE OWNERS
RESPONSIBILITY TO PICK UP AFTER A DOG. I DO NOT THINK THAT
RESPONSIBLE DOG OWNERS SHOULD BE PENALIZED FOR THE ACTION OF THOSE
WHO DO NOT OBEY THE LAW.
DOG OWNERS CONTRIBUTE TO THE GENERAL SAFETY OF THE PARKS DURING
THE EARLY MORNING AND LATE EVENING HOURS BY MAKING USE OF THESE
SPACES.
NAME ADDRESS PLEASE CHECK
HERE IF YOU
OWN A DOG
2. ./,;,/ '!:). e
13.
14,
2.
3 46
4.
6
✓ 7.
9
z-2
fid.'K A (Z,4
ful aa. O'
(M T q-)
(n 0 7
2. ./,;,/ '!:). e
13.
14,
Village of lount Prospect Ym
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: John F. Dixon, Village Manager
FROM: Cheryl L. Pasalic, Cable Television Administrator
DATE: June 21, 1990
RE: Franchise Agreement Modification
Attached is a copy of the original franchise agreement with Cablenet. This
franchise was transferred to Telenois(TCI) in 1987, so any references to Cablenet
are now to say Telenois. No new document was createa after this transfer.
Also attached is the boilerplate document released by the Nortnwest Municipal Cable
Council with regards to franchise modification. Trustee George Van Geem and I have
participated in this process and have expressed concern over some of the provisions
in this boilerplate. Mr. Van Geem and I will discuss those concerns and possible
options for these negotiations with Telenois at the Committee of the Whole meeting.
I would suggest that due to the nature of some of these matters that could lead to
possible litigation, some discussions should take place in executive session.
RESOLUTION NO. 27-81
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
WHEREAS, on June 2, 1981, this village adopted Ordinance No 11211
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 conductd
a comprehensive study and evaluation process with respect to the
field of cable television franchising and regulation; and i
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" concarning
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 ofw hich
"Exhibit A", and
Franchise Agreement is attached hereto, labeled
made a part of
this Resolution by reference); and I
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-excl
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.
I
SECTION T140: The Mayor and the village Clerk are hereby authorized
and directed to execute said Franchise Agreement, with the corrra,e
seal attached thereto, on behalf of this Villaae, and to take 11
other steps necessary to accomplish the Franchise Grant provided
for therein, upon full performance and compliance by the Franchise�
of all the conditions precedent to its right to install and operate
the cable communication system franchise.
SECTION THREE: This Resolution shall be in full force
and
. its
age and approval in accordance with law, and the
Franchise Agreement approved herein shall take effect on August
1, 1981.
PASSED this 21 day of July 1981.
AYES: Arthur Farley Floroa Miller Murauskis Wattenberg
NAYS: None
ABSENT: None
APPPOVED this 21st day of July
1981.
ATTEST:
VILLAGE CLERK
IM
--- 7 -RX -y -
1, Carol A. Fields, do hereby certify that I am the duly appointed
Village Clerk of the Village of Mount Prospect in the County and State
aforesaid, and as such Village Clerk, I am the keeper of the records
and files of the Board of Trustees of said Village.
I do further certify that attached hereto is a full, true and correct
copy of RESOLUTION NO. 27-B1 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.
duly adopted by the Board of Trustees of the Village of Mount Prospect
Cook County, Illinois, at its legally Convened meeting held on the 21st
day of July, 1981 and that at the time of adoption of said
ORDINANCE NO. 27-81
the Board of Trustees voted as follows:
AYES: Arthur, Farley Floros, Miller, Murauskis, Wattenberg
NAYS- None
ABSENT None
PASS: None
all as appears in the official records of said Village in my care and custody.
Dated at Mount Prospect, Illinois, this 27th day of July , 1981
Carol A. Fields
Village Clerk
Village of Mount Prospect
Cook County, Illinois
(Seal)
C-N —USE
-10L
E OIL I,
IMA 701MILLER
AROEMA ' "
I I 11-Al.so. Village of Mount Prospect
TIFODORE J —TTENBERG
100 S. Emerson
Mount Prospect, Illinois 60056
TERRA CE L BURGRARD
Phone 3121392-6000
STATE OF ILLINOIS
) SS
COUNTY OF COOK )
1, Carol A. Fields, do hereby certify that I am the duly appointed
Village Clerk of the Village of Mount Prospect in the County and State
aforesaid, and as such Village Clerk, I am the keeper of the records
and files of the Board of Trustees of said Village.
I do further certify that attached hereto is a full, true and correct
copy of RESOLUTION NO. 27-B1 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.
duly adopted by the Board of Trustees of the Village of Mount Prospect
Cook County, Illinois, at its legally Convened meeting held on the 21st
day of July, 1981 and that at the time of adoption of said
ORDINANCE NO. 27-81
the Board of Trustees voted as follows:
AYES: Arthur, Farley Floros, Miller, Murauskis, Wattenberg
NAYS- None
ABSENT None
PASS: None
all as appears in the official records of said Village in my care and custody.
Dated at Mount Prospect, Illinois, this 27th day of July , 1981
Carol A. Fields
Village Clerk
Village of Mount Prospect
Cook County, Illinois
(Seal)
RESOLUTION NO. 27-81
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 Or
A CABLE COMMUNICATION SYSTEM
�WHEREAS, on June 2, 198.1, this Village adopted Ordinance No. 3120
�to add �to the Municipal j Code of the Village Of Mount Prospect
ja chapter entitled "Cable Communications Code" establishing
JPT " isiOnS 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-
JPalitieS in the Northwest Municipal Conference which body conduct
�a comprehensive
study and evaluation process with respect
;field of cable to the
i television f'r'anchising and regulation; and
WHEREAS, as a result of such Participation in the Northwest
Municinal Conference and in the studies and evaluations conducted
thereby, an Agreement entitled "Franchise Agreement" concerning
qa franchise to be extended by the Village Of Mount Prospect to
'I1CABLENET, INC. for the purpose of installing and Operating a
cable communication system within this Village has been submitted
o;to this Village for consideration and approval (a copy of which
Franchise Agreement is attached hereto, labeled "Exhibit A", and
j I pade a part of this Resolution by reference); and
'",EREAS, said Franchise Agreement, and the terms, provisions,
°Iconditions, obligations and reservations contained therein, are
4in compliance with the Provisions of the Cable Communication Code
,,as heretofore adopted by this village; and
�,44EPEAS, it is deemed to be in the best interests of this village
tlthat the said Franchise Agreement be entered into.
P: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
F THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Franchise Agreement by and between the village
cif -RoirrI-rospect, tp
I Illinois and CABLENET, INC, granting a non-excl
sive franchise for the installation and operation of a cable
1communication system within this Village during a term of fifteen
(15) years commencing August 1, 1981,* is hereby approved and.
accepted.
SECTION TWO: The Mayor and the villageClerkare hereby authorize
to execute said Franchise Agreement, with the corpora
peal attached thereto, on behalf of this Village, and to take all
other steps necessary to accomplish the Franchise Grant provided
�or therein, upon full Performance and compliance by the Franchise
Pf all the conditions precedent to its right to install and operat
e cable communication system franchise.
FRANCHISE AGREEMENT
Table of Contents
Page
Franchise Agreement ......... — ..... ..... .... _ ... _ 1
SECTION 1: Grant and Acceptance of Franchise......,.. 2
SECTION 2: Definitions ...... ................... 2 3
SECTION 3: Commitments by Franchisee to Extrinsic
flatters ... — ...... 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 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 ..................... 27 - 28
SECTION 22; Leased 28 - 29
SECTION 23: Franchise Fee... ........ -- 29
SECTION 24: Liability and Indemnification ............. 30
SECTION 25: Delegation of Powers ...................... 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: 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.
SECTION 2: DEFINITIONS
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 -
"Port4 - means a small camera, which can be held
_ _pAk�
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 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,
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 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.
- 3 -
2, Proposal for a Cable Telecommunication Net-
work for the Northwest Municipal Conference,
October 1, 1979.
3. "Cablenet Update '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.
Also shown as Exhibit B.
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.
7 4 -
In cas, f conflict or ambiguity between -..y 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 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.
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'C6de, or any other local, state or federal
laws, or regulations.
(b) to'iequire 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.
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(c: ) establish reasonable standards of ser and
quality o(_,oducts, and to prevent unjust d -imination 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.
(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 ERRITORIAL 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 (Exhibit A). 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.
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SECTIOt DESCRIPTION OF SYSTEM DESIGN
(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
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 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:
. 9 -
lj— All schools, government building ," 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 opera ' tor, 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.
-10-
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 NOTA -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 VSB/AM 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, bow
it will be accomplished; whether the institu-
tional modulators are phase -locked, and how;
and what suBjective improvement is realistically
expected with a combination of 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.
-12-
1" t, L I �J 1A L, i ""1014
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 continuity of pedestrian and vehicular
-11-
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.
(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 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 B.
-16-
(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 universal tier "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
universal tier "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 SERVI
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 an 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.
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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 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 eqiApment 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-
liability�f any person removing such equipment mebt frow 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 Work; 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
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Franchis I All waive all charges for instal' ol. id
monthly subscription rates, provided however, triat 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 universal tier/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:
01-
(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 6005
- 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 Prospect 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 rvice 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
2�3-_Strict 26 - 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, Mf. Prospect,
Illinois 60056
- Prospect High School
(3) One channel for the public library or library
district serving the Municipality.
Mount Prospect Public Library
10 South Emerson Street, Mount Prospect, IL• 60056
(4) One channel for the park district serving the
Municipality.
Mt. Pros ect 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.
(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 (a) 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
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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.
SECTION 20: PROGRAM AND PRODUCTION ASSISTANCE
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, 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 programmingcoordinator 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•Prosnect 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.
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(b) Franchisee shall get 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 objectional 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
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 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.
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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.
SECTION 26: NOTICES
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 ASSOCIATEDWITH 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 $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.
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(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 $2j500, 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 factthatthe 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 any delays due to: War; riot; insurrection; rebellion;
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."
SECTION 32: AMENDMENTS
(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
franchise by another municipality or franchising authority
located within 100 miles of the Village of Ifount 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 (57)
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.
-15-
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
The effective date of this Agreement shall be August 1,
1981,
-36-
THE COMPANY HEREBY ACCEPTS SAID FRAN I E AND THE TERMS AND
CONDITIONS THEREOF.
Cablene
By:
Date
Title
Attest:
114!V'-MAt-1 - *5e—creta
Village/oaf
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
� —, 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 d the system in the
Municipality.
Per:
at
Title
Attest:
Secretary
Accepted by the Village of Mount Prospect
X
By Mayor:
,
Attest:
Clerk
ARLINGTON HEIGH- • BARTLETT DES VES HANOVER PARK
MOUNT PROSPECI,_, • PARK RIDGE PROSPEC _.,,EIGHTS WHEELING
Northwest Municipal Cable Council
D
To: All W&C d9abers
From: Carole Stannard
Date: June 14, 1990
&W.fAm tk+d_...?gcations
The Cable Council has released a boiler -plate draft document. On June 11,
1990, we came up against an unexpected hurdle. Consequently, an agreement has
Wt been reacbed on Section 21. Please see the minutes of June 11, 1990 to
review discussion on the issue.
Also there was discussion concerning a clarification on underground
construction. That item has been taken out of the body of the document and
will be incorporated in it's correct place in the Construction Hanual
submitted as a part of the agreement.
Also as a part of the discussion on June 11, 1990, Hs. Raley had stated that
the rate increase would go into effect as scheduled, but tba rates for
OOW=dty would go back to the single cable rates effective with the next
billing cycle after the 11 diiication Agreement is signed. She also stated that
she would have no problem putting this in writing. Consequently, we need to
add an additional section, •8, to the and of the document. Please replace the
last page of the document with the pages enclosed with this memo
Please feel free to contact me if you need any assistance with individual
mmcerms or any quostionc about the document.
Aurone who needs me to be at any further meetings, please let me know as soon
as passible so I can fit in into my very tight schedule.
Cement:
This is an area in which we have bad a problem since 1987. The City of Chicago
also bad the saws problem, and I believe that they are ncdn receiving an actual
audited statement. I believe that the letter to Ava Whaley and the
documentation enclosed are self explanatory.
112 N. BELMONT AVENUE # ARLINGTON HEIGHTS, IL 60004 * 708 506-1133
Section 21; PrOdWtIOU Facilities
Current Language:
(a) Franchisee shall provide production studios in Arlington Heights, Des Plaines.
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 pro-
posed by Franchisee. Studios shaft be available for use by all subscribers and users
within the Franchisee's cable system.
Draft Language:
"(a) The Franobisee shall provide fun servioe production studios in Arlington
Heights, dDwkt Prospect, Park Ridge, Schaumburg and Streamwood, Old & limited
access studio in Des Plaines. All full production studios shall be of
comparable size and aball conk -in comparable eqUiPWAMt as proposed by the
Franchisee. All full servioe studios st-11 be available for use by an
subscribers and users within the Franchisee's cable system. The equipment
remaining from the closure of the full service studio shall be divided between
the Park Ridge and Arlington Heights facilities, and both facilities shall be
repaired, cleaned and painted and kept in good oondition throughout the life
of the Franchise. -
?a Proposal 6/11190:
Replace subsection (a) with the following language;
The Franchisee will upgrade an access facility to provide more advanced
production equipment. Based on the swoess and response of access users,
addition" upgrades will be considered in subsequent years.
Immediate improvements in the Arlington Heights facility will include a larger
video production switcber (ISI 904 dual re-entry switeber), a third studio
camera, tripod, CCU and support equipment (Hitachi FP -22) additional lighting
instruments, new batteries for remote decks (Sony BP -60) and upgraded lavalier
microphones (Electrovoice CD -90).
Additionally, repairs will be made to the roof and restrooms in the Arlington
Heights facility as needed.
Possible compromise:
(a) Franchisew shall provide production studios in Arlington Heights, Das
Plaines, Niles, docent Prospect, Park Ridge and Sohnurbur ,
Strging2gd. all studios should be of gable
size and shall contain comparable equipment, as proposed by Frauchisae. Studio
shall be available for use by all subscribers and users within the
Franchisee's Cable system.
!be Fraacbisee will upgrade an access facility to provide more advanced '
Production equipment. Based on the success and response of access users,
additional upgrades will be considered in subsequent years.
Irrediate improvements in the Arlington Heights facility will include a larger
video production sritcber (ISI 904 deal re-entry switober), a third .studio
camera, tripod, CCU and support equipment (RLtachi FP -22) additional lighting
instruments, new batteries for remote decks (Sony BP -60) and upgraded lavalier
microphones (E1ect•rovoice C4-90).
Additionally, repairs will be made to the roof and restrooms in the Arlington
Heights facility as needed.
33
r
Z_Sawmt to. Transfer Fr.mbise to N1 of Illiwis
The dunicipality hereby consents to the assignment of the
Franchise herein from Telenois, Inc. to it's affiliate
corporation, TCI of Illinois, Inc., and the release of Telenois,
Ino. frog any further obligations or liability obligations or
liability bereunder, provided, however, that TCI of Illinois, Inc
delivers to the tfunicipality iatice of the closing date of such
transfer, and a written acceptance of all the terms and conditions
of the Franchise and this Modification Agreement. The transfer to
TCI of Illinois in no way releases TCI of Illinois of any
obligations or violations which may have existed previous to the
date of this agreement. TCI of Illinois, Inc_ expressly assumes
responsibility for all past liabilities and franchise violations
incurred by or committed by Telenois, Inc. Nothing in this consent
to transfer or this thodification ?agreement shall be deemed to
waive or in any way limit the right of the Municipality to deny
renewal, if appropriate ander Section 626 of the Cable Act, for
any past or future franchise or other violation by TCI of
Illinois, Inc. or it's predecessor Telenois, Inc. Notwithstanding
performance of the conditions of this tfodification Agreement, the
thamicipality retains the right to determine whether such
performance constitutes compliance with the Franchise Agreement
including but not limited to, whether denial of renewal is
appropriate under Section 626 of the Cable Act.
0. Rate hard ........
TCI of Illinois will reduce the basic rete to the rate currently
being charged for single cable camunites effective with the next
billing cycle after this tbdification Agreement is signed. ---1
Df`AJF
fi
Ra I L Drift; June 1 1 , 1990
'RXMU, Cableaet, Inc., by an Agreement dated August 3, "
1901("Frvx s* Agreeewnt"), was gra a non-exclusive fraaaohise for the
, , , w l atims nand use of the streets of the Tillage of
("Nomicipality") for the oomstraction, operation aainteauooe and repair of a
cable 001MG01=tions system ("Sister') in accordamce with the provisions of
the Franchise Agreement; and
VRCKQS; the frambise granted pursuant to the Francshise Agreement
UK all riglts and obligations of Cablenet, Inc. as franchisee uaader the
lftwk so Agreement were traatferred to TCI of Illinois ("Franchisee") on
1996; and
VWXAS, the Frannhisee is currently mdertatinq a repair and
VPVraie of the System ("Upair Program") to remedy deficient tecbma,cal
%- ' A"wa I of the System that bas Wxx%ted for the last several years; and
the Franchisee bas requested that the System channel
oapacity WA access channels required by the Franchise Agreement be reduced,
and ileo requested certain otbar modifications and amendments be nude to its
ob Jostieam umAor the Frawhise Agreement; and
VXCMC►S, the lianicipality, after careful consideration, bas
determined that cortaia of the Fraar biseo's proposed modi.ficataow to the
Fram*Lse Agreemcrmt are appropriate, and fnrtber determined that additional
mcadificatiosme and amts to the Franchise Agreement are appropriate at
this time; and
Section 33 of tb* Fraachiss &7tement and Artiole IF (3)
oat thm COU COMMAcations Ordinanoe authorizes such modifications and
amerAmostsR; and
CAS, the palit1 hts determxv*d that such rwdificttim
aad ants to the Frw=kLse Aweewnt are in the plc iatOrest "A the
parties bare ombodisd tbodw prOmAu s, mod*t."'tip uA *arms is this
ArprVODW tdt of dad tioatim WA Jibood"Ut of Fraise hw*" at ("N"itiostiaa
Aw'w") :
m , TMMMU, is ocam "ration of the foroving, and the eatmul
proodAms avA oavousats btreimaltor set forth, the p%rti*s boreto, *grew as
tom:
3
In, order to *Ifectvato the rwdif%ations to the Franchise
Agri reguestod by the Fran*bis--, the additional bodifica-
ticas d+urrrrd raeecwssary and appropriate by the d od ipality, the
Franchise dgroomout is hereby modified and amended in the
23 o 2: ideti.alUgU'" is amended, to add the foU wing teras
aid definitions:
`."„' " Act' swans the Cah3 C4savoications policy Act ori 1994,
Pub. L. No. 96-549, 99 Stat. 2779 (19+94) (codified at 47 U.S.C.
9 g 321-611 (1982 and Sappleoeut t 1987)) and any amendments
NMI'�'iC#I'I�IW Service .. 1C. 1' means iquuttitaWve
des of x*rviaa' gu*Uty and prowriares applied by the
Und"patity to the hill" practices, pbno service, repair
service, and bows of operation.
""IROA412stAmstanx the Agreement of tdodi lication and
4eaendment to the Fraise 4greemeat. of _„_, 1990 entered
into between the lbenioipality and the Franchisee and aide a pari
of this Franchise igrwanwmt.- y
F'�.C11rMa1, i mrrm�m m '�� * Sr "u`rl^as, means
mm�
tbose channels on than giber %twwx dedicated pqrsaant to
this Agreement to public access gowernmeatal or edtesational nee.••
°•° pT '- arcate any and all repair, rawisiG= or upgrade
at a SIgnitioant portion (60S or scare) of the System, witbda the
MMICIP'Llity, including any construction, roKwal or
installatiaa aerated with such ronsion, repair or ."
1. + !bow PVOmodifications arw based ca the Arlington Vitae Franchise
hoed. Because other Jlgre+emexts differ somewtat, thecae changes win
no" to be conformed occor"n y.
4
"Section2.2 SWIM is ""A" to
delete the carreut subsection (h) and replace that subsection
with:
"(h) To inspect all ocestrvotion or installation worst
portormed subject to the pry of this Fruchim Agreement,
and any amaaderAts thereto, including comstruction and
installation perloww d in the course at any v maskstrvatiau of the
System, and asko swop inspections as it shall find accessary to
a9ccere Compliance with the teremr ct the Fruchise Agri and
say smeafeents thereto. If comm-coopliance is sawpected, as
inspection will be bold thaoogh joist repreneatatiwes cf the
Municipality and Franchisee. "
2.3 "Section ion 6: Territorial.Extent of FLjW: is *monded by
deletion of the current Section and substitution of the tollowing larqukgw:
" a
Thee haws" is meed to operate throughout the vatire,
territory, within the corporate limits of the Municipality as the
same now or is the tuts" may oast. The Primary Servicer Area
shall consist of all residential, commercial and: industrial
properties within to bouadarles at the Mfticipality
existing on the date of the dadification Agreement. ?be
MI"-ipality specific** retains the right to opwasato a cahle
System in the damicapality, purswant to State and Federal law."
"Sectim % is wwaW by the deletion
of the currenA: Section and the substitutica of the following l"Guage:
(a) The, Franc hisve shall name cable service araflable to all
per$= or entities, whether residential or commercial, witbi a the
Pridra y Service Area as that area is defined pursu at to Section 6
besot within one (1) year of the date of this 4adif4 cativ
Agreement. Line est*w%aes wi]l be completed WLuia the
acastreCUM time limits proscribed in Sectica 12 barvat.
(b) the Fz=bisae shall extend and make cable service avail"Is,
to we subscriber within the Primary Service Am at the standard
connection, n, charge, provided that, it the, oo m ootioea to any Sdawe
subscriber requires as aerial or buried drop line in excess of one
and fifty feet (1501), cured from the subscriber's
structure to the unrest tr=k or boder cahla, the Frame
yholl extend and rare sernoe to such svbscribsr at a connection
charge not to exceed the sum of the standard connection charge
plus the actual installation costs 2mourred by the Franchises for
the distance exceeding oar bxmdred and fifty .feet (1501) wed
trot, the subscriber's strwtrnre to the nearest trunk or feeder
cab] .
(o) all easements, other than Utility Easements, constructed for
aable television service shall be recorded an Mats of Swwy 'by
the Franchisee as directed by the "n—cipal ty.'1
2.5 "Section 0: Descrigtiga of Slee 11esigy'! is **ended by the
deletion of the refeswon o of files in subsection (b) and substituting
lheeiinq.
This Section is further amended by the deletion of subsection (c) and the
suhstitatioe► of tlaa faLlawimg language:
"(o) "1'be Subscriber network shall be capable, of carrying at least
60 donstreae video mels (of 6 M each), based on a eindsrnn
bruddsidth of 54-450 tMz for the trunk cable and feeder system. fte
System s11-11 also ,be capable of transaitting at least .Fora (4)
apstreara video channel in the 5-30 tlft band."
lois Secti can is .trather toesdad by the addition of the followua linguage to
the beginning a! subsection (e):
"(e) On a biannual, basis, a joint review by the Franchisee and
the Municipality Will be held to determine the need and abdlity to
expand chru mal rapacity on the system. If such a need exists, the
FranrKs" will provide channel capacity expansion pry that
the technology considered to be generally scoepted is the industry
at that time weld allow for expansion in a reasonably economic
WO efficient winter. If an agreement cannot be reached as to
whether a need ousts, a customer "*y will be dans, and the
cost to be shared equally between the dunioipality and the
-Section is by the
deletion at than current Seotion and the substitution of the t*Uowi ng
ink this AW eeaeut.
(b) TfohmiOmal bulden. FoUwinq the reps iur of the system
adsteer Uted by the boomtruction, the teobak al perfioaOan O of
7
the Sear, including the Subscriber Network and the tustitationrl
Network, shall, at all times, meet all standards and/or guidelines
of the Federal Com mudcations C.oataission, all other applicable
federal, state, and community standards, and the dards set
forth in this Section.
The standards in this Section are applicable to all video, audio,
mad data signals which are carried an the System. The Standards
list the maisdAva performance for the "Vbrst Case'" at the point
whesre service is delivered to the subscriber by the Franobisee;
this poaat is usually the output of a couverter, modem, or similar
interface device.
Two sets of standards are listed in the table that follows. Tie
first set, in the column labeled -Subscriber Network", apply to
the performs oe of the distribution of all signals as received or
originated at the beadmrd (oar other rwmote reception location) and
distributed downstream on the Subscriber Network and delivered to
the subscriber. "Che second set, in the column label" "?otal
System," apply to the performance of the distribution of all
signals throes the System (i.e., both the Subscriber Netsaark
and the Insti tutiawl Networr ) , including the combined degradation
effeazts Of both upstream and downstream carriage; e.q., prograa
originstiaq at an access studio or institution and distributed
upstream to the headend who" it IS lm*"coaoocted to the
Subscriber or Institutional Network and distributed downstream to
subscribe".
EMNM
ewmcrwvmcte �
Visual Carrier
IN =41 Level
+a d3mr
+e 420
llndio Carrier
13 to 17 dD below
13 to 17 dD below
l Level
Visual Carrier
Visual Carrier
PH Hard Carrier
13 to 17 dD below
13 to 17 dB below
Sim level
Usual Carrier
Visual carrier
Visual Carrier_
43 dD
43 48
to -301" patio
♦ivarl Carriff
to-Cm-Chamme�l
4342
4342
Visual Carrier
tO AW C*banp*'At
Distiorbanow,
iaClnfing CTII
LOW rreqwwT
Disturbances
(baa tdadliatim)
�ef
F "vemor &
Tolaranc ,
Video Fr""MT
I&SPMW
Peak -to i
lospon" (
the speotrm)
iadic Frequency
forminal to
Termina,i
Isolation
forvo rd/Bovo rss
Plant Isolatum
Amyl Fri
:bars
8
53 dII
Less tbivA 3%
FCC Standards/
80idelimes
FCC Standards/
6adutar] i bes
10kRzto4.2tom:
t2U;
Colorbvrst: 40
+ 4 13M =its
5 d2
50 Hs to 13 k1k:
+3d3
System transparent
to t:anenaiXAd— of
FM br t and TT
BTSC audio
FCC Standards/
OULdelines
60 dD
FCC Standards:
(CLI and IIsdiatioa
LI ts)
FCC Stalmdaurdsl
ovidalin"
50 dII
Less tbia 3%
FCC Staadardsl
6WAsline
FCC Standards
evidelims
10 ie: to 4.2 tMz:
a2dII;
Colorbusst: 40
+ 4 IIIE omits
5 dII
50 It to 15 kHz:
+3dB
System transparent
to transmission of
Ftd brit and TT
BTSC stereo and' -
FCC Standards!
0aidaelims
60 dII
FCC Standards:
(CLI and Radiation
Umitsc)
FCC Standards/
Baide]ines
E
measuring derives — including dances capable of reasuring signal.
1*Wmw is mcrovolts>wter -- to ensure that the System is
prerforaLM within the above standards at all tines. When such
monitoring or measurements ate that perforranow has .fallen
below these stamdardS, corrective action shall be Undertaken to
rhe propwx perforranm. all obumls on the System shall be
Mored "a aT by a visual imspmrction of the pacture and
listetimg to the and, for +"Waal performance and aadio level
balance.
At a ainiraa, rwasIVerwnts shall be rade soutbly at the
bwadend and quarterly at two randomly-selrctod, longest coscadrrs
in each oortaso4ty to euram that all chammels on the Sibff
and Institutional Networks are operating properly. aftmewnts
Of all operational, parameters sU I I. be rade arga mily at the
brftAo eri and low goaq rsold—Lty divided locations on all
channels. Lorataorr should, be selected, at the meds of the longest
cu*"" in tour geographixally separated areas within each,
qty. SP=Iio locations are to be selected by the
Framobisew, with the approval of the m—cipalfty. gri.tten records
of all perfOrb"M measurements shall, be OuAtaimad on file by the
Frtntblsee and shall be provided to the tirllcipality within ten
(10) dais of a owrtified written request.
Ta addition, the FraxckLaee Shrll employ or have availahle to it,
cum a fall-tiaaw basis, a pdro.iessioueal. ergirrurer or equivalent, and a
service and repair form of competent tewudgians, capable of
mainttining tbw System in a ace with the tocbmracal
perfrruUWM WA MMX* rrgnat*ftOMtS in this Agreement.-
2.7
"atgga 1
Y I�
amended on
ed by deleticn of the OUR endt Section, and substitution with the
aQ�.�.1
foLlowcLag lanquage•
10: -Arft R410 14411=111191021 *I Icab"M
(a) 'Thu Makipality may, rormost that the FranGhl"O
inurcommact access channels and/or local origination ch"M S of
it's System with other systems in the adjacent area.
(b) "!hw Frerohaswe shall saw a good faith, eftort to obtain.
10
ag:s for the sharim of interoo=Wction oasts - all
into ting oorpmos. Upon fi ding tbat the Frwx4asee has
aade a good faith effort, and Las not Leen able to obtain a
reasomeble interconnection, agreement, or that the cost of the
interconnection would Cause an unreasonable increase in subscriber
rates, the dadcipality my rid it's request, or upon
detera .olaq the iisdi of the Fraw is uarmsomble, the
ftdA)ipality eray requtst further study, or eery eutwow the request
tar interconcection.
(c) ' (Mace the interconnection agreement is reached, the Frachisee
will words with the Map lity to onswe that the mer t3.
is 000pleted is a tiuely aanaer.
(d) is deleted asd replaced with, "'2be prori.sioas above sball not
be construed so as to preoiude cooperative elfort, joint oegership
of faailitias, or cast-sbazitq arraageeeats; provided boeever that
each nand m" aspect of ccretruation asd operation of the
i.atex sball be clearly d ted in written upeeaasnt(s)
between the moperatin; parties."
2.8 = 11• 2&gal fico:" is amod" by the addition
of the follovisg language, at the conclusion of the Section:
""Tho Franchise shall, to the waylous possible extent, assign as
dial locations for local broadcast television stations carried on
the Sisten unid rs which oorrespoard to their reserve FCC-'
aserigmd ?I station can ambers Vale" such &SX29ment would
result in rptabl* intertertme as tbsru channels. IWj M
cheuanels my not be reassigned without forty-tive 43 daps mice
to the duuipeaity, and the affected msers. 'Tba Fraocbisee will
no" subscribers of any Pas czhu mel rwassigreessts by bill
eerssages or bill stutter. PW Channels my not be reassigod sore
than omcra in any twelve (12) rsosth period.
(b) FraackLme -1-11 be respoaeiblrr for any established casts
incurred by any BEs user due to a obange in obamal assupsent for
MW M obannel. !h"o casts include, stagy, basizass cards,
and public notices. Frw=kLswwr will, incur tbese casts for no owe
tbas a acne Comb peri4A. The Fraaabissoe shall discuss
reisbwrs"Out of speaaal proeot aaael itaeses, suck as !-shirts or
ii
other special items, with the affected user on a case by casae
basis. „
2. 9 It . "a is *needed by the
addition of the following sobseotions:
"(d) Withla ninety (90) days after notification by the
fticiyality of an annexation, baring a sinimum density of 25
Wats per street mile, the Fraise shall begia the
oomstrwAdA at proaras of its oable "stew within seek www"d
arra so as to provide sem to +rack porsou requesting service in
any such annesed arra. Qnstrac ion or bion of the System to
those requesting s mAw in such new areas completed within, the
time frame submitted by the Franaahisane on the Final Design
submitted to the Mmicipality. The duoicipality will have final
approval of such timeframe, hoverer, sock approval shall not be
tmsaaSOULbly withheld. Ualess a variance is granted by the
dowalpality sack timeframe shall not be longer than Wjwty (90)
days."
(e) The Maicipality shall notify the Franchismm of the
construction of any new development within the do dci.pality by
delivering to the Franchi.srawt a fi:aal net of Survey, to include
find design for all utilities for that development. TitUA thirty
(30) days of soca liar of areas baring a planned ainUnn density
Of 25 um,ts per street mile, s a vaniawo of this requirement
is 9rant*d by the domicipolity, the Frawhisee shall deliver to
ttaadci.pality its proposed construction desigt plan for the
dt"lopmot and bait applied for all pessary permits and
licenses. Caawrtsuot n sha11 hagi.m within thirty (30) days at the
A tet pt of all necessary permits and licenses. The Franchisee
ska11 complete construction of its System in the development
within the time frame as submitted on the fuel design submitted
to the dem cipality. The domi,cipality will have fisgal approval of
such tijwvfraswe, however, soca approval sump not be norreaswmahly
Withheld. VAUss a variance is granted by the MmIcIpality soca
timmframae shall not be longer than aixo y (90) days."
(f) V thin thirty (30) days after sawgeaia contract and
approved dexagm with any multiple dwelling u.it fes the pram
12
of cable service, the Fraacbisee shall begin construction or
extension of its system in such multiple dwelliza unit. The
Fraamob see will complete construction or extension of its system
witbia the time frame as submitted on the fixw.i design submitted
to the WMI"Pality. The tl=iciPali y will bave final approval of
sack timeframe, bowever, such approval sbal:l not be uoreasonably
withhold. Wass a variance is granted by the tlmoicipality such
timneirame shall not be longer tbmn ninety (90) days."
(g) Liam Estensions will be completed within one (1) year of the
of a written request for service by not less than 50X of
the potential subscribers and/or users located in an area of the
thnI=pality Which lies outside the PSA and which does not meet
the miaisum densities specified above. If the Frawjdsear
determines that a line extension is not economically feasible,
than it may request relief from tMs provision. ?be tlamsicipality
may or may not grant such relief, boswver, the request may not be
uareasomably denied. -
2,14 "
feSUM 13: Steger
rte..., :.�.;•• is amended by addition of the followia0 language at the
conclusion of subsection (e):
"Tbm Fran shall, wbenever possible, permanently secure and
install, pursuant to the terms of this Agreement and the Cable
Cowevoication Ordinance, including all requiremests as to burial
of cable and restoration, all cable drops and reception equipment
at a subscriber's residence or business at tbm time of
installation. In the event a temporary cahlo or drop lino is
ro"ired, the Franuhisow oust permanently install and bury if
necessary, the cahlm or drop line witbia ten (10) days.In the
event a temporary cable or drop line is regsdred due to winter
weather related conditions, the Franchises mash permanently
install wad bury, if otoossarlr, the oable or drop line within
Sixty (60) days of the first date that such installation is
possible. Imnever practicable, temporary service drops remaining
from mer shall be but" by divea ial Day. Determination of
permaxamb oomrtruut t oosdiU shall be the r -1 giml4ty of
13
the Franobisee, subject to review by the danicipality.-
Tbds Section is furtber amended by the addition of the following language at
the oonclumiam of subsection (9)
(1) 1111 Ground fires shall be securely fastened to the building
surface and routed in a way to prevent such wires from beoomirq a
safety hazard.
(2) ?be Franchisee shall securely attach all appurtenances,
including on -premise boxes, with sufficient appropriate fasteners
so that the appurtenances may not become loose or be removed
without severe force. Location of such appurtenances shall be cbo-
sea to be consistent with electrical and telephwwe appurtenances
and blend with the aesthetics of the building and area wbenever
possible.
(3) ?be Franchisee shall provide a copy of its construction manual
to the No tboast Maw — pal Cable Council and the duw cipality .
Such eumal shall show the equipment mounting methods, grounding
and installation practices and policies being followed by the
Franchise* and the practices the Franchisee requires to be
followed by its subcontractors. Methods to be sbown include height
above ground and underground burial depth of cable, grounding
practices, location of equipment, and other cable installation
practices. an acceptable submission under this Section would be
the TCI construction &nmml supplemented by those items not ad-
dressed in the TCI publication. vbmmever there is a conflict
between this Agreement and local building codes, local codes will
prevail. In the absence of more stringent USC or local codes, the
submission under this section shall be incorporated as the
standard. Thi Franchisee mai submit revisions from tine to time,
but in no event shall the standards be less stringent than those
in place as of the date of this agreement.
(4) She Francbisee shall be a member of the J_U.L.2.E. system.
Emergency locates will be done immediately. all other requested
locates will be done within 48 brs, excluding Saturdays, Sundays
(5) ?rim Franobisee shall, to the maximum extent possible, ate
all installation or oonmtruetion to be performed at each
14
subscriber's residence or business, including ani installation of
now equipment either witbin or outside a subscriber's residence or
business, in one service call."
This Section is further amended by the deletion of subsection (i) and the
substitution of the following language:
"(i) fte Franchisee shall, at its cost and expense, in a manner
approved by the appropriate ftni.cipal official, repair, replace or
rest"* any street, sidewalk, alley, public way or any other
public or private property disturbed, damaged or in any way
injured by or on account of its activities, and dull be obligated
to conduct such repair, replacement or restoration for a period of
one year thereafter, so as to ensure that any defective
repair, replacement, or restoration work by the Franchisee is
corrected and ensure that the affected property remains in as good
a condition as it was in before the work involving such
disturbance or damage was done. In the event the Franchisee fails
to perform the repair, replacement or restoration in a manner
approved by the d—do-i ty or property owxwr within thirty (20)
days wafter the disturbance, disruption, or damage to such public
or private property, provided that acceptable weather conditions
hate existed, the dunicipality shall have the right to direct that
such corrective work be performed at the coact and expense of the
Flancbaisae. Upon written demand for reimbursement for the cost of
repair, replacement or restoration of damaged property, the
Franchisee shall promptly remit such reimbursement to the
!lmniaipaii.ty or the affected property owner. In the event of uxb-
payment by the Franchisee for a period of forty-five (45) days
after a written demand for reimbursement is made, the letter of
credit specified is Section 12(t) of the table Communications
Ordinance may be utilized for such payment, however, .two fords will
be withdrawn without a formal hearing outlined in section 33 of
this N
This section is farther amended by the deletion of subsection (k) and the
svbstitution of the following la .
"(k) The desire of each subscriber as to the point of entry into
13
Us or ber residence, common areas, or business shall be observed
to the maximum possible extent. Arms in building interiors and
exteriors shall be as unobtrusive as pacsihle. The Franobisee
shall comply with a subscriber's request that the Franchisee use
white cable in the interior of the subscriber's residence or
business, bowever, subscriber) will be informed that the use of
white cables constitutes a custom install and sha11 be subject to
appropriate charges not to exceed the actual cost incurred by the
Franchisee. In addition, (1) no permanent fixture for the
reception of cable service may be attached to any residence or
business without the express written consent of the owaer(s) of
that residence or business (2) the cost of removal of egvipment or
cable which is not a part of a standard disconnection shall be
borne by the owner."
This Section is Bather amended by the addition of the folly subsections:
"(1) Except in cases requiring emergency repair, or related to a
sic service problem, or installation of regular subscription
services at the subscriber's residence or business, the Franchisee
mus% give each Subscriber at least three (3) days' notice bola"
attempting to perform any construction, reconstruction or
installation at subscriber's residence or business. Such notice
shall be by doorbanger, or by mail.,,
(1)(01soept as specifically noted in this Section, the Frawbis"
shall be bond by all car service, construction and other
requirements of the Franchise Agreement, as amended by this
Agreement, with respect to all construction, repair, restoration,
installation or other work performed relating to any
Faconstructi on.
(2) The Franchisee sball place notices in pens of
general caroulaticn in the ftnicipality setting out the
approximate schedule for heoonstrnotion related construction
activity broken down by sections within each area of the
ftnoipality, and a telephone where representatives of the
Franobisew may be reached for additional information. The
Frxnuhisee shall also notify subscribers by hill message or bill
16
insert.
(3) The Franchisee shall give notice to all subscribers in any
arae where Reconstruction activity is to take place that is likely
to cause a service interruption or other inconvenience. Such
notice shall state the objectives of and procedures related to the
peconstructi.on, the areas affected by the Reconotruction
activity, and the specific day and hours that disruption is
possible., Such notice shall be by personal contact with a
representative of Franchisee, doorbanger, or by rail, and rust be
given at least three (3) days before the peconstructfon activity
begins in a particular area.
In addition, the Franchisee shall program a message on its
Customer Information Channel explaim the UHmastructi.on and
demonstrating what subscribers might experience during
Pl000mstrvation activity in their area. The Franchisee shall also
display on its Comer Information Channel accurate messages
describing which areas of the Municipality, by neighborhood and
h]oci, are scheduled for Isconstruct-ion activity in any given day
and shall update this information on a daily basis.
(4) The Franchisee sball provide the Northwest Municipal Cable
Council, and the Municipality with a detailed schedule of the
start and anticipated completion of reconstruction activity in
each trot, updated on a weekly basis.
(3) The franchisee shall secure the consent of any
subscriber or property owner on land or at whose residence
or brasixess the Fra'ro1usee conducts any constrvatian,
reconstruction or installation outside of the int.
"Section2.11 is
amended by the deletion of Subsection (b). (guide)
Section 14 is further amended by deleting subsection (c) and substituting the
following lampogw:
"(c) The Frambisee Franc"shall make available to each subscriber the
converter or other equipment and devices necessary for the receipt
of all services which the subscriber desires to receive. The
IN
Prahisee shall provide equipment aiiOftW the subscriber to
"lock out" audible and visual reception of certain programming
chamois at the request of the subscriber. '?ire Fraxrhisee say
oollect at the time of installation, a deposit from subscribers to
ensure the protection and return of the converter or other
equipment or devices provided by the Franchisee. bt the
termination of service, the subscriber shall receive a refund in
.fall of his security deposit plus 6% simple interest per annum
up= the return of the converter or other equipment or devices in
good condition to the Franchisee, normal wear and tear is
esoeptad. Thw Franchisee may, from time to time, request a review
by the Municipality of the rate of interest paid on security
deposits."
This Section is further amended by the addition of the following subsection as
subsection (d) and the renumbering of current subsection (d) as subsection
(e):
(d) The Franchisee shall provide &A switches to subscribers
pursuant to the guidelines established by the FCC."
9.12 •' is deleted.
2,13 " and g9E!.aW Service:' is amended
by the deletion of the current subsection, and the addition of the following
subsection (f):
"(f) daintain a customer service office in each of the
followinq Mmicipalities; Arliagton Heights, Des Plaines, tbumt
Prospect, Park Ridge, Schaumburg, and Streamwood. Subscribers may
use nay customer service office listed above for payment and
adjustment of bills, complaints and requests for repairs or other
tranrsactions. Each office shall maintain daytime and limited
evening boons which shall include, at a ai ima, four and one-half
baesin4ss days between tfonday and Saturday."
This Section is further amended by the deletion of subsection (q) cad the
addition of the following subsections:
"(q) Phow Service:
(1) All calls mast be answered within four (4) rings by an
is
operator or by a mechanical device.
(2) Hold time for all calls may be no more than two (2) minutes
(am hand ed twenty (120) seconds) except in those situations
where an act of God or failure of a third party to provide power
or service to the cable operator shall cause a backlog on the
phone system.
(3) The abandonment rate for calls shall be no more than tan
percent (10%) of the calls repor-•A as inocai.ng during any monthly
reporting period.
(h) Service Call Response:
(1) All requests for installation, upgrade, downgrade, or
disoonnection shall be completed within ten (10) working days of
the time service is requested in serviceable areas unless
scheduled at a date convenient to the customer in excess of the
ten (10) working days establisbad.
(2) X111 comer service calls regarding repairs and/or service
problems that are not outage related shall receive a return phone
can within twenty four (24) hours following receipt of the
compliant and the repairs completed within forty-eight (48) hours,
unless documented that the necessary repairs and/or service will
take longer; however, at no time should the repairs and/or service
take longer than one week to complete.
(3) when practicable, a designation of i►.C., P.C. or evening
shall be given to the resident for the time designation on the
service call. 8n "opens' designation shall be given only in
situations when designation is impracticable due to a filled A.U.,
P.C. or evening schedule, or at the car's request.
(4) If a resident misses a service call, a new date for the
repair most be given with five (3) business days which include
Cbnday through Saturday, eight o'clock (8:00) &.ti. to five o'clock
(3:00) P.C. If a technician miss" a service call, a new date for
repair shall be made at the resident's convenience within forty-
eight (48) boors and in accord with the operator's business boars.
(S) An outage call affecting three (3) customers in the same
geographic are, off the same line or feeder, reported to the
Franchisee before nine o'clock (9:00) P.C. every day, including
19
weeIIeodS and holidays, shall be corrected the saes day except in
cases of severe damage caused by an act of God. The determination
of three (3) customers shall be the responsibility of the
Franchisee.
(6) An outage call affecting three (3) cars in the same
geographic area, off the same line or feeder, received by the
Franchisee after nine o'c]ack (9:00) P.H. mar be postponed nmol
the following morning, and corrected by axon. In the event of
extensive system failure, corrective action shall begin
immediately. "Extensive system failure" for purposes of this
subsection seaus the failure of any trunk or feeder cable causing
a service outage to ten (10) or more customers in any geographic
area or the failure of modulator equipment, satellite reception
equipment or other system functions that results in the
interruption, of service throughout the franchise area. The
determination of ten (10) customers shall be the responsibility of
the Franchisee.
(7) The Franchisee will initiate prompt corrective action if any
is needed to satisfy unresolved complaints. If a customer is not
satisfied with the resolution of a complaint, that customer shall
automatically be referred to a management person. Local
management shall work with the person to resolve the problem
wit.hia forty eight (48) boors. In tbo event that local management
does not satisfy the oustomer's complaint, the oomplaint shall be
referred to the district manager.
(8) Customer service operators and service technicians, including
contracted help, shall identify tbeemwlves by name. When
performing work at a customer's home, a company identification
badge shall be displayed on the outer clothing of the technician
or contractor. Further, any vehicle used for cable installation;
mazatenswe or repair shall bear the identification of the
Contractor or the Franchisee in a conspicuous place and manner.
(9) Customers shall receive a copy of the service report and a
phone umber to call to resolve any additional problems at the
time the service is completed.
(i) Billing_
20
(1) Subscribers shall receive a monthly statement with a date for
payment.
(2) all statements shall clearly denote a postaark or initiated
date of bill.
(3) a phone number for bill adjustment sball be printed on the
statement, along with instructions to can for any billing
problems.
(4) The statement shall clearly state the dates of service for
which the subscriber is bexW billed.
(5) Upon request of the resident, an adjustment will be made for
any verified loss of service. This adjustment shall be rade an
later than one billing cycle after the notification occurs. The
subscriber rust request the adjustment within the next billing
cycle after the loss of service occurs.
(6) Billing complaints shall be resolved within one business
cycle.
(7) Late payment charges and the time of institution shall be
clearly stated.
(8) % bin shall be considered delinquent or be the bazis for
termination of service that is subject to dispute which dispute
has not been resolved by the Franchisee's dispute resolution
procedures. all time periods in this subsection shall be tolled
while dispute resolution procedures are taking place.
(j) Notification Procedures: The Franchisee shall, at the time
service is initiated, either for the first time or by
recennection, provide the customer with written information
covering:
(1) Instruotions for using converters and remote controls.
(2) Instructions for using VCRs and other personal equipment in
conjunction with the cable service.
(3) the fact that &A switches are available.
(4) the procedure to chane services.
(5) What to do in case of a problem, trouble shooting, and where
to all for service.
(6) a channel chart, and amt free cable guide.
(7) The time allowed to pay outstanding bills;
FT
(8) 8rounds for termination;
(9) Steps taken before teram ation;
(10) low customers may resolve billing disputes, and phome
numbers to call;
(11) Steps necessary to restore service;
(12) The fact that customer service representatives and service
teohni.ciang shall identity lues;
(13) The fact tbat cars bare the right to speak to a
sqw isor;
(14) The time frame for resolving reception and billing problems;
(15) ?be appropriate regulatory authority with whoa to register a
complaint and a listed phone ;
(16) The address and phone nvaber of the Franchisee, and the
title of the person to whoa complaints or inquiries may be
addressed;
(17) Cbarges for late payment or returned checks.
A car may raft a copy of the above listed information at
may time, for no charge.
(k) Agr /promotioms: The dund cipality shall be placed on
the mailing List for all local, national, and co-op promotions.
All promotions must clearly state the cost of the service to the
subscriber, restrictions of the promotion, and date the promotion
terminates.
(1) Notification to the Municipality:
(1) The Franchisee shall notify the aunicipality and regulatory
authority of the resolution of all complaints received by the
limaczpality or regulatory authority witbin ten (10) working days
of receipt of such complaint;
(2) The Franchisee shall notify the dMicipality and regulatory
authority of all outages, lorxtlOn of the outage, and the bows
affected on a mthly basis;
(3) The Frtnobisee shall notify the Maicipality and regulatory
tutbority of major outages within the tfunicipality on the day of
owes x ence;
(4) The Franchisee shall provide the donicipality and regulatory
authority t a monthly report with a daily breakdown for
normal business Lours, including Saturdays, of phone statistics on
all pbow lines for comer service and repair.
(m) An charges to subscribers and users shall be consistent with
a schedule of fees for all services offered as established by the
Franchisee. Notice of rate increases will be provided as per
Section 26(c) of this agreement.
(a) The Franchise* shall not, with regard to fees, discriminate
or grant ani preference or advantage to ani person; provided,
bowwver, that the Franchisee may establish different rates for
different classes of subscribers or users based upon cost of
service differentials, provided that the Franc not
discriminate between any subscribers or users of the same class.
(o) The Franchisee shall be required to apprise in writing each
new subscriber of all applicable fees and charges for providing
television services.
(p) Except as may be otherwise provided in this Agreement,
subscriber shall have the right to have its service, or any
portion thereof, disconnected without charge. Such disconnection
shell be made as soon as practicable and in no case shall billing
continue longer than ten (10) days following written notice to the
Franchisee of same by subscriber. The Franchisee shall Yat enter
into amy agreement with a subscriber which imposes any charge
other than past due balazoes and unretu ned equipment charges
following disoommeation of service, except for reoonaeotion and
subsequent monthly or periodic charges, and those charges shall be
no greater than charges for new custows. This Section shall not
prevent the Franchisee from refusing service to any person became
the Franchisee's prior accounts with that person remain due and
oving.
(q) }kept as may be otherwise provided in this Agreement, the
Fraascbiam may offer service which requires advance payment of
periodic service charges for no more than one year in advance
subject to the conditions contained in this subsection. h
subscriber shall have the right, at any time, to have his or her
service, or any portion thereof, disconnected without charge and
with a refund to =wsed service charges paid to the customer
F47
within forty -fire (43) dais from the date of service.-
2.14 IIJMtjon 17: Mlic Access 1"' is amended by changing
all references to "public access channels" in the plural to
„public access ohs 1" in the singular throughout this Section.
Further, subsection (a) is amended by substitution of:
"(a) The Franchise sball provide one public access channel for use
by the public, which public access channel stall be operated in
accozdanoe with applicable Federal, State and local laws. The
Franchisee shall cooperate with any entity established for the
purpose of providing and/or regulating access."
'this Section is Bather armed by the deletion of subsection (b) (3) and the
substitution of the following gnu;
"(b)(3) The Frances shall keep a public file available at its
local office of all requests it receives for the use of the public
access channel and for the transmission of programming on the
public access cbennal, including the names and addresses of those
making such requests. Such files shall be available for public
inspection during normal business hours. The files sball be
maintained by the Franchisee until the end of the Franchise term."
This Section is further amended by the deletion of (b)(5).
This Section is further amended by the addition of the following subsection:
"(c) Access programming produced outside of the system may be
shown in this system, providing, 1)a programs produced in this
system got first priority, 2) the programming is of interest to
the oommanity, and 3) the programming is sponsored by a local
resident.-
2.15 "StgU a_IS: Service to MMu &ioalities" is amended by the
substitution of "Clue service outlet activated for Salic Service an the
Subscriber Network at each Hanicipal Facility" for the current first sentence
in subsection (a).
This section is furtheer wmaWod by the deletion of the language "whether
located or outside of" from subsection (a) and replacing that lunge
with the word "in."
This Section is farther amended by acceptance of an updated list of ftnicipal
facilities as listed in appealix (k) of the Franchise Agreement.
This section is Norther amended by the deletion of the language in subsection
(c), "universal tierfdi.feline Service".
R
This Section is further amended by the addition of the folly subsection:
"(h) In addition to any service outlets required by this section,
the Fraacbisaw shall provide a mingle service outlet activated for
all subscriber programming services offered by the Franchisee over
its System at [the appropriate ttanicipal office] and at the Office
of the Northwest Mn i.cipal Cable Council so as to allow the
Un—cipality and the Northwest dumcipal Cable Council to monitor
the adequacy of the Franchisee's service."
a, 16 -Sectior, 19: serum to Educational and OtIff
Ixtitutions"' is ameaded by the deletion of subjection (c) and the
substitution of the following:
"(c) Eight hooess channels shall be available for
the exclusive program use of designated institutions,
except as provided in paragraph (e) of this section. The
Municipality shall determine the channel allocations for tach
designated institutions. Such channels shall be available on the
Subscriber Network as part of the Basic Service Package. -
?his Section is further amended by the addition of the following subsections:
"(h) The FrawJxiseo shall designate one employoo to be
responsible for coordinating the use and maintenance of the
Institutional Network, in addition to production assistance
outlined in Section 20 hereto. The Franchisee shall provide each
institution connected to the Institutional Network with this
employee's name and telephone mamber.
(1) The Fswcbis*t shall maintain the Institutional Network in
good working order and repair at all times and shall ensure that
it swots the technical performance standards proscribed pursuant
to Seotion 9 hereof. The INET shall be brought up to the standards
outlined in Section 2.6 of this agreement within one (1) year of
the date of this tfodification Agreement. If any portion of the
IRT is not utilized it need, not be maintained on a regular basis.
Nithinn uLwty (90) days of a reasonable rpt for use by the
tdalcipalIty, the Franchisee will activate and perform any
necessary installation needed to utilize that portion of the IM,
as required by the Cable Come-ricatioas Ordinance.
(j) In addition to any withdrawal authorised miler Sections 12(C)
rK2
or 12(2) of the Cable Communications Ordiname or Section 24
bereof, after the formal Learing outlined in section 33 of this
agreement, tbo H—cipality may draw against tbm letter of credit
desigmated in Section 12(E) of the Cable Communications Ordinance
(1) Fire H®dred Dollars ($300.00) per dap for each dap or part
thereof that the Institutional Network is unavailable for use by
any institution that is a part of that Network; and (2) two
Hmdred Dollars ($200.00) per day for each day or part thereof
that the Institutional Network fails to meet the technical
perrformace standards [set out in Section 2.6 of the Ciodification
igreesaaat[, unless failure to suet such standards is caused by the
user of those III facilities."
2.17 "Sectand troduction Assistance is amended by
the deletion of subsection (a) and the substitution of the following:
"Frax+chisaw :ball provide free consulting services on planning,
productions, and program format for the use of public aooess,
goverraaental, and institutional channels.
(a) To provide such consultation and training assistance, the
Franc shall esploy sufficient staff to provide a satisfactory
levels of assistance. All programaday staff staff shall be
sufficiently qualified with either an educational background or
similar experience in television production. ?be staff shall
include at a miuiaaua, a Programming danager to oversee the.
operation of all programming and production, a Studio Engineer to
provide tecbldcal and Watentme assistance as required at the
regional production studios and for the mobile vans, and two (2)
prolossionai production stall meshmrs for each operating acres:
studio mauled in a way to ensure that assistance, is equally
available at all locations. the production staff members sball be
capable of providing the following services:
(1) Promote the general use of the public, educational,
governmental., institutional and leased channels and to advise such
users on programming and production matters.
(2) Pry and facilitate the effective and efficient use of
pmbaic aaooesca f,eiliti.s and to provide program consulting and
tri serv%oes.
(3) Teach public access workshops, to operate and maintain
access facilities and to assist access users in the development,
production and promotion of public access programs.
(4) dlaiatain public access facilities in good working order.
(3) To schedule and facilitate playback of public access programs
on the syst**-mide public access channel.
The Franabisee and ftnicipality shall meet on a anaaal
basis to discuss the levels of staffing and equipment. Sufficient
levels shall be based upon the current needs of the public access
system as agreed at the annual review."
This Section is farther amended by deleting Section (b)1. and substituting the
follow1xq language:
"(b)1. The Franchisee shall bold workshops at each production
studio not less than twice a year with the the first two levels of
basic production workshops to be held not less than twice a year
in each of the three operating divisions with scheduling staggered
to awe the availability of a level one or two, workshop
throughout the year. These workshops shall be for the instruction
of studio, field production, and remote truck, but shall not be
limited to these topics. Mobile Tan training shall be held at
least owe a year. Announceaents of the date, time and place of
said workshops shall he made over the public amass and comawaty
affairs cbamwls no less than six times daily for a two week
period prior to the workshop. In addition, the Franchisee shall
provide to the Mmicipality at least twice annually at no more
than six month intervals, a schedule of all workshops and training
formally scheduled for the coming year to be published in the
ftelzipality's newsletters. In the event that all notification
procedures have been followed, and registration does not meet
s* ' = levels of; four for porta-pak and editing, ten for studio,
ad 5 for mobile van, that workshop may be canceled upon notice to
the municipalities served by the production facility scheduled for
said woxkshop.,,
.1 Production FaqAlltiesf is ameaded by the
dwleticr of subsection (a) and the substitution of the following language:
"(a) Frawbiwow shall provide production studios in Arlington
Heights, Des Plainest, tt Prospect, Park Ridge, Sohrnmburg and
Streamwood. 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.
All facilities shall be repaired, cleaned and painted and kept in
good condition throughout the life of the Franchise:
"the Franchisee will upgrade an access facility to provide more
advanced production equipment. Based on the success and response
of access users, additional upgrades will be considered in
subsequent years.
Immediate improvements in the Arlington Heights facility will
include a larger video production switcber (ISI 904 dual re-entry
switcher), a third studio camera, tripod, CCIi and support
equipment (Hit -cm FP -22) additional light) instruaeuts, new
batteries for remote decks (Sony BP -60) and upgraded lovelier
micropbones (Electrovoice CD -90).
Additionally, repairs will be aade to the roof and restrooas in
the Arlington Heights facility as needed.••
This Section is further amended by chaff the current Section (f) to Section
(f)(1) and adding the foll*ering subsection:
(1)(2) "the Franchisee shall maintain a list of all equipment at
each facility. Such list shall be made available to the
ftdAiptlity on a quarterly basis, showing any significant repairs
or replacements whin took place during, the previous quarter.
Arpodrts ding the hours of access use at each facility rill
also be rade available to the thmicipality on a monthly basis. A
list of all equipment at each facility, and any signifioant
repairs or replacements which took place over the previous year,
and the boors of aooess use over the previous year shall be
29
submitted to the Maicipality on an annual basis in conjunction
with the unnal meetizq set forth in Section 20(a)(9).
(1)(3)Any piece of equipment which fails and carmot
be repaired to function in a satisfactory manner, as per the manu-
factmer's specifications, will be replaced in a prompt fashion.
Equipment will remain sufficient in both quantity and capability
to be meed by all access users for the production of axes
programs. all equipment shall be of a industrial
quality and equal to that which is commonly used in the industry
AS a miu.imuia and subject to review by the tinicipality and the
Fran:hisee at the aniaamrl meeting outlined in Section 20(a)(9)."
9 "Soction 22: leased Cba=wls" is ww ded by the addition
of the following at the conclusion of subsection (b):
"?be Franchisee shall maintain a record of usage of the leased
Vials and file with the tsmic-i ty copies of leases entered
into for leased l use."
2,22 SOCUM 26: XOUW is amended by numberuq the current
langnmge as subsection (a) and deletinq the reference to Cablenet,
and repiacing with:
To the Franchisee: TCI of illineis
1201 Feebanville Drive
1louat Prospect, n 60056
and: TCI Great Lakes
111 Pungsten
Suite 400
Deerfield, Il 60015
and: TCI of Illinois
Attn: Legal Dent
4643 S. IIister Street
Denner, Co. 80237
This Sect'im is further *ended by adding the follow"q sahcecti.oas:
"(b) !be Franchisee shall give notice, in writiag, to the
Ond"pality of any increase in its rates or other charges to
subscribers at least forty -fire (45) days prior to the effective
date of such increase spec&fpM the anamat of ==**" and the
subscribers affected.
30
(c) The Fran' see shall give notice to all affected subscribers
of the amout of any increase in the rates or other charges to
such subscribers at least thirty (30) days prior to the effective►
date of such increase. Snob notice need not comply with subsection
(a) of this Section but, instead, most be made by mail, or by bill
insert to each affected subscriber.
(d) fte UmaLcipality will give notice, in writing, by certified
mail, to the Franchisee of any public bearing or mewtix g relating
to the Franchisee's performance evaluation or the modification,
renewal, revocation or termination of the Franchise at least
thirty (30) days prior to such hearing or meeting, as to its time,
place and purpose. the thmicipality sWI publish a notice at
least once, ten (10) days before the meeting in a newspaper of
general circulation within the thmiclpality."
2.22 "Section 29: Fr%no-bice penewal" is amended by deleting the
oasrraert Section and substituting the following language:
(a) To the extant applicable, Section 6% of the Cable Act ahall
govern the procedures and standards for renewal of any Franchise
governed by this Franchise Upeement.
(b) To the extent Section 626 of the Cable Act is not applicable,
the dunicipality shall, subject to applicable law, bare the right
to grant or deny renewal pursuant to any reasonable procedures and
wards in the exercise of its sole discretion.
(c) %less the dunicipality shall consent to any lesser notice,
any request for renewal shall be made not later than thirty (30)
months prior to the Franchise expiration date. Any request .for
renewal must be in writing. If no request for renewal is made,
the Franchise shall expire according to its terms, provided,
hammerer, that the tioz=pality may extend the tam of the
Fr in six (6) months increments during the Franchise
renewal process provided in this Section, subject to applicable
lair.
(d) Ia any public meeting or special public meeting bell pursuant
to the Cable hot or otherwise to consider Franchise renewal, the
31
Municipality shall hear any interest" person and notice of such
meeting shall be given in accordance with Article IT, Section
6.402 and Section 6.4040 of the Cable Communications Ordinance.
(e) Any Franebise renewal shall be for a tame not to exceed
fifteen (13) years.
(f) Subject to applicable law, if the tiimicipality does not renew
the Franoxauce, the 1[®icipality shall, to the extent tben
permitted by ttanricipal law, have the option to:(1) acquire at fair
market value all of the assets of the Franchisee operations within
the du icipality which value shall exclude any value attributable
to the Franchise itself; or (2) require the sale at fair market
valve of all such assets to a suooeeding Franobisee; or (3)
require the removal of all such assets from the timticipality. This
Section is subject to Section 627 of the Cable Act of 1964.-
2.23 Section 33 -
Penalty Pr urea * Current Section 33 is
reed as 34. Now Section 33 will be inserted as follows;
Section 33, PepkUy Procedures:
(a) As stated in Section 31, wbenever any time is set forth for
W act to be performed by the Franchisee, such time shall be
deemed as of the essence, and the Franchisee's repeated failure to
perform within the time allotted shall, in all cases, be
sufficient grounds for the dunicipality to invoke remedies
availahle under the terms and coadi.tions of the Fr,+ hj—
Agreeme it, the Cable Commumioations Ordinance, and any applicable
State Federal and local laws, as now exist, or as may be amended
in the future.
(b) Whenever a violation exists which bas a specific time set
forth, the timnioipality sball notify the Franobisee in writing,
setting forth the mature and the facts of such Umoomplince and
giving ten (10) days notice of a formaal hearing in which the
Franchisee may bring forth evidence that 1) the problem has been
resolved, or 2) reasons why the violation is beyond the
Frawaisee-s control , or 3) that the problem did not exist.
(c) In the event a violation exists which does not have a specific
time to comply, the Cani,cipality shall nota.fy the Franchisew in
writing, by oertified maii., setting forth the nature and the facts
of such noncompliance and giving thirty (30) days notice of a
formal. ]nearing as outlined above.
(d) If after hearing a►idamce from all interested parties, the
tfnmaoapality oonclades that the violation has not been
sufficiently remedied, they may invoke remedies available,
inoludiza withdrawal from the letter of credit; after notification
to the FranchiaWO."
2.23 ftbibit 1. $*PtioA .4 and 6. are. deleted.
3. nCORPMMQI
All provisions of this Kadification Agreement are boreby
incorporated and made a part of the Franchise Asgeement.
]tAbMw in this nodiF+cataoa Agreement shall be construed to
obaur any items not specifically addressed in this Agreement.
116MU9 in this doditication Agreement sball be construed to waive
the right of the duicipality, under Section 626(b) (2) of the
Cable Act, and any amendments tbereto, or any other applicable
law, to propose any additional upgrades of the System, including,
but not limited to, expansion of channel capacity, when the
Franchise is considered for renewal.
Nothing in this tlodification Agreement sha11 be construed to
affect the status of any section, clause or requirement in the
Franchisa Agraemwat that may be deemed to be "6randfatbered" under
Lry,.t;S
fil NIA,
!be various provisions of this Agreeawat are to be considered as
ser'erable and if amt part or portion of this Agreement shall be
held invalid by any Court of caompetant jurisdiction, such decision
shall not affect the validity of the remaining provisions of tbas
K-0
7. Consent to Trawfe _Fzc:.se to Ta of ILl ;
The Municipality boreby oonswats to the "mpwzt of the
Franchise herein from Telenois, Inc. to it's affiliate
corporation, TCI of Illinois, Inc., arid the release of Telenois,
Inc. from any furtber obligations or liability obligations or
liability hereunder, provided, however, that TCI of n1inais, Inc.
delivers to the Municipality notice of the closing date of such
transfer, and a written acceptance of all the terms and conditions
of the Franchise and this Modification Agreement. The transfer to
TCI of n I; --i in no way releases TCI of ni'am- of say
obligations or violations which mar have existed previous to the
date of this agreement. TCI of Illinois, Inc. expressly assvws
responsibility for all past liabilities and franchise violations
incurred by or committed by Telenois, Inc. Nothing in this concent
to transfer or this Modification Agreement shall be deemed to
.ive or in any may limit the right of the durdoipality to deny
renewal, if appropriate under Section 626 of the Cable Act, for
any past or future franchise or other violation by TCS of
Illinois, Inc. or it's predecessor Telenois, Inc. gotmitbstamding
perfo7nanoe of the conditions of this Modification Agreement,the
It icipality retains the right to determine whether such
Performance constitutes caomplianoe with the Franke Agreement,
inralvding but not limited to, whether denial of renewel is
appropriate under Section 626 of the Cable Act.
IN 11 SS IMEW, the yrs bereto, by their duly authorized
Officers or officials bave exeovW this Agreement which shall be effect as of
, 1990.
TCI of ULMIMI (Municipality)
By: By:
Title: Title:
Phone: 708 / 392-6000
Fax: 708 / 392-6022
AGENDA
ZONING BOARD OF APPEALS
Regular Meeting
Thursday, June 28, 1990
8:00 P. M.
Senior Citizen Center
50 South Emerson Street
BA -46.-, O.Justin Fortuna, 2113 Autumn Lan
The applicant requests a variation from Section 21.601 to allow a 6 foot high fence along
the side lot lines. Code permits a maximum of 5 feet in height. The Zoning Board of
Appeals is final in this case.
7,BA47-V-90. St n1ev Kwiatek. 1727 Bonita
The applicant is requesting variations from the following:
1. Section 14.3016 to allow a 29 foot wide driveway- The Zoning Code allows a
maximum of 21 feet for a two -car garage.
2. Section 14.1102.D.4 to allow an 8 foot service walk rather than a maximum of 36"
as allowed by Code.
Village Board action will be required for these requests.
ZBA48-V-9Q. Charles WiM, 1612 Larch Drive
The applicant is requesting a variation from Section 21.601 to permit a 6 foot high fence
in front of the building line on a comer lot. The Zoning Code requires fences to be a
maximum of 5 feet in height and placed entirely behind the building tine on comer lots.
The Zoning Board of Appeals is final in this case.
MAYOR
GERALD L, FARLEY
I TRUSTEES
RALPH WARTHUR
MARK W BUSSE
TIMOTHYJ 'CORCORAN
LEO FLOROS
GEORGE R VAN DEEM
THEODORE J, WATTENSERG
Village of
Mount Prospect
VILLAGE MANAGER
JOHN FULTON DIXON
VILLAGE CLERK
100 S. Emerson
Mount Prospect, Illinois 60056
CAROL A FIELDS
Phone: 708 / 392-6000
Fax: 708 / 392-6022
AGENDA
ZONING BOARD OF APPEALS
Regular Meeting
Thursday, June 28, 1990
8:00 P. M.
Senior Citizen Center
50 South Emerson Street
BA -46.-, O.Justin Fortuna, 2113 Autumn Lan
The applicant requests a variation from Section 21.601 to allow a 6 foot high fence along
the side lot lines. Code permits a maximum of 5 feet in height. The Zoning Board of
Appeals is final in this case.
7,BA47-V-90. St n1ev Kwiatek. 1727 Bonita
The applicant is requesting variations from the following:
1. Section 14.3016 to allow a 29 foot wide driveway- The Zoning Code allows a
maximum of 21 feet for a two -car garage.
2. Section 14.1102.D.4 to allow an 8 foot service walk rather than a maximum of 36"
as allowed by Code.
Village Board action will be required for these requests.
ZBA48-V-9Q. Charles WiM, 1612 Larch Drive
The applicant is requesting a variation from Section 21.601 to permit a 6 foot high fence
in front of the building line on a comer lot. The Zoning Code requires fences to be a
maximum of 5 feet in height and placed entirely behind the building tine on comer lots.
The Zoning Board of Appeals is final in this case.
Zoning Board of Appeals Agenda
Page 2
M I A
This application includes the following:
1. A Special Use permit to allow a three -car garage instead of a two -car.
2. Variation from Section 14.3016 to allow a 30 foot wide driveway. The maximum
allowed by Code is 21 feet.
3. A variation from Sections 14.1002.B and 14.1004.1) to allow a 14.67 foot side yard
setback instead of 16 feet required by Code.
Village Board action will be required for all requests.
The applicant is requesting the following:
1. A rezoning from R -X to R-1 Single Family Residential.
2. A Special Use permit under Sections 14.1101.C, 14.2502.A and 14.701.A.2.b to
allow an R-1 Planned Unit Development for four single family homes.
Village Board action will be required for all requests.
Resolutions
ZBA-40-V-90, Walter Wrona, 412 South Helena
ZBA-44-V-90, John G. Craven, 500 West ShaBonee Trail
In all cases where the Zoning Board of Appeals is final, a fifteen (15) day period is provided
for anyone wishing to appeal their decision. No permit will be issued until this period has
elapsed.
FINANCE COMMISSION
AGENDA
THURSDAY, JUNE 28, 1990
7:30 PM
Trustees Room
Village Hall
100 South Emerson Street
I Call to Order
II Acceptance of Minutes of April 26, 1990
III Discussion of State Income Tag and Income Tax Surcharge
IV Update on New Public Safety Building
V Finance Director's Report
VI Other Business
VII Adjournment
Phone: 708 / 392-6000
Fax: 708 / 392-6022
AGENDA
BUSINESS DISTRICT DEVELOPMENT AND
REDEVELOPMENT COMMISSION
Regular Meeting
Wednesday, June 27, 1990
Trustee's Room
Village Hall
7:30 P.M.
I. CALL TO ORDER
11. ROLL CALL
Ill, APPROVAL OF MINUTES
IV. OLD BUSINESS
A. Facade Design Modification - 620 East Northwest Highway.
B. Downtown Development Strategy Update.
C. Post Office Parking Lot Review.
V. NEW BUSINESS
V1. ADJOURNMENT
MAYOR
GERALD L. FARLEY
TRUSTEES
RALPH W. ARTHUR
MARK W BUSSE
TIMOTHY J. CORCORAN
LED FLOROS
GEORGE R VAN GEEM
THEODORE J.'WATTENBERG
Village of Mount Prospect
WUMIE MANAGER
JOHN FULTON DIXON
VILLAGE CLERK
'100 S. Emerson Mount Prospect, Illinois 60056
CAROL A. FIELDS
Phone: 708 / 392-6000
Fax: 708 / 392-6022
AGENDA
BUSINESS DISTRICT DEVELOPMENT AND
REDEVELOPMENT COMMISSION
Regular Meeting
Wednesday, June 27, 1990
Trustee's Room
Village Hall
7:30 P.M.
I. CALL TO ORDER
11. ROLL CALL
Ill, APPROVAL OF MINUTES
IV. OLD BUSINESS
A. Facade Design Modification - 620 East Northwest Highway.
B. Downtown Development Strategy Update.
C. Post Office Parking Lot Review.
V. NEW BUSINESS
V1. ADJOURNMENT