1966-004p fii
ORDINANCE NO. 0 -66_4
AN ORDINANCE PROVIDING FOR THE FRANCHISING OF COMMUNITY
ANTENNA TELEVISION
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, ILLINOIS
Section 1. No person, firm or corporation shall erect, main-
tain, operate in, under, over, along, across or upon streets,
lanes, avenue, sidewalks, alleys, bridges, highways or other
public places in the Village, for the purpose of transmission
by cable and distribution of television impulses and television
energy for sale to Village inhabitants, businesses, commercial,
manufacturing or industrial enterprises without first obtaining
a franchise therefor from the Village.
Section 2. Wherever used in this ordinance, the word.
"television" shall mean a system for transmission of audio
signals and visual images by means of electrical impulses.
Section 3, The poles used for any distribution system
shall be those erected and maintained by the Illinois Bell
Telephone Company, when and where practicable, providing mutually
satisfactory rental agreements can be entered into with said
company,, Where the use of poles owned by the Illinois Bell
Telephone Company is not practicable or mutually satisfactory
rental agreements cannot be entered into with said company.
The Company shall have the ri 2-bt to erect and maintain its own
poles, as may be necessary for the proper construction and
maintenance of the television distribution system, with the
approval of locating poles by the Village Engineer.
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Section 4. The. transmission and distribution system poles,
4.
wires, and appurtenances shall be located, erected and maintained
so' as not to endanger or interfere with the lives of persons,
or to interfere with new improvements this Village may deem
proper to make, or to unnecessarily hinder or obstruct the free
use of the streets, alleys, bridges, or other public property; -
removal of poles to avoid such interference will be at the
expense of the holder of the franchise.
Construction and maintenance of the transmission distri-
bution system, including house connections, shall be in accordance
with the provisions of the National Electrical Safety Code,
prepared by the National Bureau of Standards, the National Elec-
trical Code of the National Board of Fire Underwriters, and such
applicable ordinances and regulations of the Village of Buffalo
Grove, affecting electrical installations, which may be presently
in effect, or changes by future ordinances.
Installation and housedrop hardware shall be uniform
throughout the Village, except that the franchise holder shall
be free to change its hardware and installation procedure as
the art progresses.
Section 5. In the maintenance and operation of its
television transmission and distribution system in the streets,
alleys, and other public places, and in the course of any new
construction or addition to its facilities, the franchise holder
shall proceed so as to cause the least possible inconvenience
to the general public; any opening or obstruction in the streets
or other public places made by the franchise holder in the course
of its operations shall be guarded and protected at all times
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by the placement of adequate barriers, fences or hoardings, the
bounds of which, during periods of dusk and darkness, shall be
clearly designated by red warning ligtts.
Section 5 -a. Installations shall be maintained so as not
to interfere with T -V Deception already in existence.
Section 5 -b. That five viewing channels shall be furnished
as a minimum.
Section 6. All rates and charges exacted by the franchise
holder shall be fair, reasonable, just and uniform. The maximum
installation shall be one hundred twenty -five (125.00) dollars
less trade -in allowance. The monthly service rate charge to a
subscriber shall not exceed Five and 00/100 (05.00) dollars
per month for a single outlet residential installation.
Said single
outlet residential monthly
service rate
as
in
herein provided
for shall be in effect upon
the signing
of
this
agreement, and shall continue thereafter; provided, however, that
the franchise holder reserves the right to increase this monthly
rate in the following manner and procedure, namely:
The franchise holder shall notify the Village in writing
by registered mail of the proposed rate change in the single outlet
monthly rate. Within twenty -one days of the receipt of the
registered letter by the Village, the Village must arrange a
meeting between the holder and the Village to discuss the
proposed rate change. If the Village does not agree with the
franchise holder regarding the rate increase within fifteen days
of the first meeting with the holder, then a Board of Arbitrators
should be selected. The Board of Arbitrators shall be composed
of five (5) members, two to be selected by the Village, two to
be selected by the franchise holder, and the fifth to be
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selected by the four: - aforementioned representatives on the Board
of Arbitrators. Said Board are to render a decision for or
against the rate change after fifteen days from the date of their
appointment to said Board. Any decision made by such Board of
Arbitrators shall be in writing and a copy thereof, duly
authenticated, shall be delivered on the day said decision is
rendered to each the Kolder.and the Village, and shall be binding
upon all parties concerned.
The determination of the franchise holder's rates shall be
subject solely to the Rules and Regulations of any State or
Federal Authority which may subsequently, by due process of
law, acquire jurisdiction over this type of industry or enter-
prise.
Section 7. Installation and maintenance of equipment shall
be such that standard color signals shall be transmitted to any
subscriber receiver.
Section 8. The distribution system of the franchise
holder once installed shall not be abandoned either in whole
or in part without the consent of the Village Board. In the
event of the failure of the franchise holder to commence con-
struction of the system within sixty (60) days after the granting
of a franchise, and the securing of the pole franchise with
Utility Companies or in the event of the failure of the franchise
holder to render community television service to the Village
of Buffalo Grove and inhabitants thereof, as contemplated and
provided for by this ordinance, within a period of one (1)
year from the effective date of this ordinance, the Village
Board shall have the right, on reasonable notice to the franchise
holder to declare franchise granted forfeited; provided, however,
failure to comply with these terms by reason of circumstances
beyond the reasonable control of the franchise holder which
could not be anticipated at the time of the acceptance of its
terms by the franchise holder, shall not be sufficient ground
to declare a forfeiture.
Section 9. The franchise holder shall indemnify, protect
and save harmless the Village from and against losses and phy-
sical damages to property, and bodily injury or death to persons,
including payments made under any Workments Compensation Law,
which may arise out of or be caused by the erection, maintenance,
presence, use of removal of said attachments on poles within
the Village, or by any act of the franchise holder, its agents
or employees. The franchise holder shall carry insurance, to
protect the parties hereto from and against all claims, demands,
actions, judgments, costs expenses, and liabilities which may
arise or result, directly or indirectly from or by reason of
such loss, injury or damage. The amounts of such insurance
against liability due to physical damage to property shall not
be less than Twenty -Five Thousand and no /100 (25,000.00) Dollars
as to any one accident and not less than Two Hundred Thousand
and no /100 ($200,000.00) Dollars aggregate in any single policy
year; and against liability due to bodily injury or to death
of persons not less than One Hundred Thousand and no /100 ($100,000.00)
Dollars as to any one person and not less than Three Hundred
Thousand and no /100 ($300,000.00) Dollars as to any one accident.
The franchise holder shall also carry such insurance as it
deems necessary to protect it from all claims under any Work-
men's Compensation Laws in effect that may be applicable to the
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franchise holder. All insurance required by this agreement .
shall be and remain in full force and effect for the entire
life of this agreement. Said policy or policies of insurance
or a certified copy or copies thereof shall be approved by the
Village Attorney of said Village and then deposited with and
kept on file by the Village Clerk of said Village.
Section 10. The franchise holder shall grant to the
Village, free of expense, joint use of any and 911 poles
owned by it for any proper municipal purpose acceptable to
the franchise holder, insofar as it may be done without
interfering
with the frea .use and
enjoyment of the
franchise
holder's own wires and fixtures,
and the Village'"shall
hold
the franchise holder harmless from any and all actions, causes
of action, or damage caused by the placing of the Village's
wires or appurtenances upon the poles of the franchise holder.
Proper regard shall be g2ven to all existing safety rules
governing construction and maintenance in effect at the time
of construction.
Section 11. At the time any franchise becomes effective,
the franchise holder shall furnish a bond to the Village in
the amount of Ten Thousand and no /100 ($10,000.00) Dollars,
in such form and with such sureties as shall be acceptable
to the Village guaranteeing the payment of all sums; which may
at any time become due from the franchise holder, to the
Village under the terms of any franchise, ( except such sums
as are covered by the insurance provided in Section 10), and
further guaranteeing the faithful performance of all of the
obligations of the,franchise holder under the terms of this
franchise.
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Section 12. In consideration of the granting of any
franchise, the franchise holder will furnish without installation
charge or monthly service fee, a single - outlet to any of the
Village departmental offices within the service area of the
franchise holder, if and -, en requested to do so; but such out-
lets shall not exceed an aggregate total of ten (10).
Section 13. In consideration of the granting of any
franchise, the franchise holder will pay to the Village the
following sums:
(a) For the first 1,000 paying subscribers, one percent
(1 %) of the gross receipts from monthly service charges.
(b) For the next 1,000 paying subscribers, (subscriber
1,001 to 2,000) two percent (2f) of the gross receipts from
monthly service charges.
(c) For the next 1,000 paying subscribers (subscriber
21001 to 3,000) three percent (3 %) of the gross receipts from
monthly service charges.
(d) For the next 1,000 paying subscribers (subscriber
3,001 to 4,000) four percent (4/) of the gross receipts from
monthly service charges.
(e) For all paying subscribers in excess of 4,000,
four percent (4/) of the gross receipts from monthly service
charges.
Section 14. Should any section, clause, or provision
of this ordinance be declared invalid by a court of record,
the same shall not affect the validity of the ordinance as
a whole or any part thereof, other than the part so declared
invalid.
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Section 15. This ordinance shall take effect and be in
force from and after its passage by the President and Board
of Trustees of the Village of Buffalo Grove.
PASSED this day of , 1966.
AYES NAPES (J
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