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(A) The grantee shall construct, install, operate and maintain its cable system in a manner consistent with FCC technical standards. In addition, the grantee shall provide to the city, upon request, a written report of the results of the grantee’s annual proof of performance tests conducted pursuant to FCC standards and requirements.
(B) The grantee shall continue, through the term of the franchise, to maintain FCC technical standards. Should the city find that the grantee has failed to maintain FCC technical standards, and should the city specifically enumerate those standards with which grantee is not in compliance, the grantee shall make such improvements as are necessary to meet those standards.
(C) The grantee shall furnish any and all compliance data forwarded by grantee to the FCC within 30) days of filing the same with the FCC.
(Ord. 94-0-6, passed 9-12-94)
(A) The grantee shall pay to the city for the use of the streets and other facilities of the city in the operation of the CATV system and for the municipal supervision thereof a fee in the amount of 3% of the monthly gross receipts to be paid on a quarterly basis, during each year, during the 15 years in which any franchise granted pursuant to this chapter is in effect. The grantee shall file with the city within 45 days after January 1 of each year during the period this franchise shall be in force, a financial statement showing in detail the annual gross receipts of a grantee during the preceding quarterly period. It shall be the duty of a grantee to pay to the city at the time of filing such statement the franchise fee prescribed herein. A grantee shall also file within 90 days following the conclusion of each fiscal year of grantee an annual report prepared by a certified public accountant, showing the yearly total gross receipts and payments to the city. Upon written request from the city, the grantee shall file with the city in its annual report a current list of its stockholders holding 5% or more of the outstanding stock of grantee.
(B) In the event any franchise granted pursuant to this chapter should be terminated or forfeited prior to the end of the basic 15-year term, grantee shall immediately submit to the city a financial statement prepared as before required, showing the grantee has paid to the city the required percentages of gross receipts, and grantee shall pay to the city not later than 30 days following the termination of any franchise, a like percentage of such gross receipts.
(C) In the event that any payment is not made on or before the applicable date fixed in divisions (A) and (B) above, interest on such payments shall apply from such date at the yearly rate of 8%, plus cost of collection.
(D) The city shall have the right to inspect grantee’s records showing the gross receipts from which its franchise payments are computed pursuant to division (A) of this section. The right of audit and recomputation of any and all amounts paid under this franchise shall be always accorded to the city until the third anniversary of any payment, after which such payment shall be deemed accepted as payment in full. No acceptance of any payment by the city shall be construed as a release of or an accord or satisfaction of any claim the city might have for further or additional sums payable under the terms of this chapter or for any other performance or obligation of a grantee hereunder.
(E) Payments of compensation made by a grantee to the city pursuant to the provisions of this chapter shall not be considered in the nature of a tax but shall be in addition to any and all taxes which are now or hereafter required to be paid by any law of the United States, the State of Illinois or the city.
(Ord. 94-0-6, passed 9-12-94)
Upon prior written notice, but in no event more than twice in any calendar year, grantee shall permit examination by any duly authorized representative of the city, of all franchise property and facilities, together with any appurtenant property and facilities of grantee situated within or without the city, and all records relating to the franchise, provided they reasonably relate to the scope of the city’s rights under this chapter, subject to city’s written agreement to maintain confidential, trade secret or proprietary information, and further subject to grantee’s right to protect information not subject to discovery under standards of civil litigation.
(Ord. 94-0-6, passed 9-12-94)
(A) At all times during the term of any franchise granted hereunder, and for such period thereafter as a grantee owns property in the city, a grantee shall obtain, pay all premiums for and file with the Mayor or his designee at least ten days before construction of the cable system commences, a certificate of insurance or other proof evidencing the payment of premiums for the following:
(1) A general comprehensive public liability insurance policy indemnifying, defending and saving harmless the city, its officers, boards, commissions, agents, or employees, from any and all claims by any person whatsoever on account of injury to or death of a person occasioned by the operations of the grantee under franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $500,000 per bodily injury or death to any one person and $1,000,000 for bodily injury or death of any two or more persons in any one occurrence, said policies are to include injury coverage.
(2) Property damage insurance indemnifying, defending and saving harmless the city, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of the grantee under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $250,000 for property damage to any one person and $500,000 for property damage to two or more persons in any one occurrence.
(B) All of the foregoing insurance contracts shall be in form satisfactory to the City Attorney and shall be issued and maintained by companies authorized to do business in the State of Illinois, acceptable to the Mayor or his designee and carrying a rating of A+:AAAAA in Best’s Insurance Guide, last published. Said insurance contracts shall require 30 days written notice of any cancellation to both the city and the grantee herein.
(C) The grantee shall also, at its sole cost and expense, fully indemnify, defend and hold harmless the city, its officers, boards, commissions and employees against any and all claims, suits, actions, liability and judgments for damages (including but not limited to expenses for reasonable legal fees and disbursements and liabilities assumed by the city in connection therewith):
(1) Arising out of any claim for invasions of the right of privacy, for defamation of any person or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person (excluding claims arising out of or relating to city programming); and
(2) Arising out of a grantee’s failure to comply with the provisions of any federal, state, or local statute, ordinance or regulation applicable to the grantee in its business hereunder.
(D) The foregoing indemnity is conditioned upon the following: The city shall give a grantee prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the city from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its sole cost and expense.
(Ord. 94-0-6, passed 9-12-94)
(A) All transmission and distribution structures, lines and equipment erected by the grantee within the city shall be located so as not to interfere with the proper use of streets and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets and places, and not to interfere with existing public utility installations. The energized cable may be located underground or on existing public utility poles.
(B) In the case of any disturbance of pavement, sidewalk, driveway, or other surfacing the grantee shall, at its own expense, and in the manner approved by the city, replace and restore all paving, sidewalk, driveway or other surface of any street disturbed. When wires or other equipment are placed underground on private property the land surface, including plantings and trees, shall be restored substantially to its previous condition.
(C) If at any time during the period of franchise the city shall lawfully elect to alter, or change the grade or location of any street, grantee shall, upon reasonable notice by the city, remove, relay and relocate its wires, cables, and underground conduits, manholes and other fixtures at its own expense, and in each instance comply with the requirement of the city.
(D) The grantee shall not place conduits or other fixtures above or below ground where the same will interfere with any gas, water hydrant or other fixtures placed in any street and shall be so placed as to comply with all ordinances of the city.
(E) The grantee may be required by the city to permit joint use of its property and appurtenances located in the streets by utilities insofar as such joint use may be reasonably practicable and upon payment of reasonable rental therefor; provided that in the absence of agreement regarding such joint use, the City Council shall provide for arbitration of the terms and conditions of such joint use and the compensation to be paid therefrom, which award shall be final.
(F) The grantee shall, on request of any person holding a moving permit issued by the city, temporarily move its wires or fixtures to permit the moving of buildings, the expense of such temporary removal, to be paid by the person requesting the same, and the grantee shall be given not less than 48 hours advance notice to arrange for such temporary changes.
(G) The grantee shall have the authority to trim any trees upon and overhanging the streets and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, except that at the option of the city, such trimming may be done by it, or under its supervision and direction, at the expense and liability of the grantee.
(H) Following grantee’s commencement of service through and over its CATV system, grantee shall promptly remove from the streets where its properties are located all or any part of the facilities so located when one or more of the following conditions occur:
(1) If grantee ceases to provide a substantial amount of the services required in this chapter for a continuous period of six months from the date of said occurrence;
(2) If grantee fails to construct said cable system as hereinabove and hereafter provided;
(3) The franchise is terminated or revoked pursuant to notice as provided herein. Provided that grantee shall be entitled to receive notices in writing from the city delivered to the local office of the grantee setting forth one or more of the occurrences hereinabove enumerated or such other occurrence, and shall have 30 days in which to cure such complaint or to submit a plan acceptable to the grantee for the cure of such complaint.
(Ord. 94-0-6, passed 9-12-94)
(A) The grantee shall render efficient service in accordance with such rules and regulations as promulgated by the Federal Communications Commission and other federal and state regulatory agencies.
(B) The grantee shall provide a uniform, strong signal, free from distortion and interference, and shall not interrupt services unless absolutely necessary.
(C) If requested in writing by the City Council within three years following the granting of a franchise, said cable system shall provide at least one public access channel; provided, however, the grantee may drop a programming channel if such request is made.
(D) The grantee shall provide all reasonable technical and programming assistance to all parties programming on the grantee’s cable system.
(E) In the event of an emergency as declared by the Mayor, or disaster, the grantee shall upon request of the Mayor make available its facilities to the city for emergency or disaster and shall provide such personnel as necessary to properly operate under the circumstances.
(F) The grantee shall respond to all service calls and correct malfunctions in its equipment within the time periods stated in § 114.23(A).
(Ord. 94-0-6, passed 9-12-94)
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