Article I: Franchise
10-1-1 PURPOSE. The purpose of this chapter is to grant to the current local contracted cable company, hereinafter called the grantee, a franchise to stretch wire and cable and appurtenant structures over and under the streets and alleys of the Village and to maintain and use the same as a coaxial cable distribution system for television distribution to subscribers’ residences and to business and public establishments for 15 years and regulating the rate of such service.
10-1-2 FRANCHISE GRANTED.
(A) Pursuant to full consideration and approval of the grantee’s legal, character, financial, technical, and other qualifications, and the adequacy, feasibility and extent of its construction arrangements, and as part of a full public proceeding affording due process, the Village, hereinafter called the grantor, does hereby grant to the local cable provider and to its successors and assigns, the rights, privilege and authority and franchise to operate in, over, upon and under the streets, alleys and highways, and to erect other appurtenances and to maintain and use the same as a coaxial cable system for distribution of television, radio and other signals into subscribers’ homes and to business establishments within and throughout the Village.
(B) The grantee shall not transfer the franchise to another person without prior approval from the grantor.
10-1-3 FACILITIES – CONSTRUCTION AND OPERATION.
(A) All work, excavation, erection of poles and appliances and laying of wires and the operation and maintenance of the grantee’s system shall be done in compliance with the necessary rules, regulations, ordinances, or orders, which may, during the continuance of this franchise, be adopted from time to time by the Village.
(B) The word “necessary” as used in the foregoing paragraph shall mean such rules, regulations, and ordinances or orders as the Village Board may deem necessary to protect and safeguard the health, safety and convenience of the public and any member of the public residing within the Village who might be affected by any excavation work or installation of the grantee, or maintenance, use and operation of its television distributing system.
(C) If at any future time, the Village Board requires the cable under this franchise be placed underground as part of an underground wiring system, no cost of removing or moving said cable underground shall be paid by the Village; provided, however that grantee shall not be required to place any of its cable underground except in those areas where both the telephone and electric power service facilities are required to be underground or may hereafter be required to place facilities underground; and provided further that in new developments, or in those places where a subscriber or property owner requests that service connections be placed underground, trenching costs (or a fractional share of joint trench costs based upon relatively required trench dimensions of joint users) for underground installations may be charged to and will be borne by the developers, subscribers, or property owners; and provided further that in underground installations, amplifiers and subscriber tap-off devices may nevertheless be placed in appropriate housing on or above the surface of the ground.
10-1-4 CONSTRUCTION SPECIFICATIONS.
(A) All cables, wires, antennas or other appurtenances shall be constructed and erected in workmanlike manner.
(B) Nothing in this chapter shall be construed to prevent the Village from sewering, planking, bridging, grading, altering, or otherwise improving any of the streets of the Village. This chapter shall further not be so construed as to deprive the Village of any rights and privileges which it has now or which may be conferred upon it to regulate the use and control of streets. The Village shall further have, at all times, the right to make use of the poles of said grantee for wires, cables, or conductors for any and all Village-owned wire system provided that such use does not conflict with grantee’s prior occupancy.
(C) In the event any of the grantee’s poles, cables, wires or other appurtenances interfere with any future use that shall, at its own expense, promptly relocate such poles, cables, wires, or other appurtenances upon being notified to do so. Whenever the grantee, its successors and assigns, shall disturb any of the streets for the purpose of aforesaid, it or they shall restore the same to good order and conditions as soon as practicable without unnecessary delay, and failing to do so, the grantor shall have the right to fix a reasonable time limit within which such repairs and restoration of street shall be completed, and upon failure of such repairs being made by said grantee, its successors and assigns, the Village shall have the right to make such repairs and to be reimbursed by the grantee, its successors and assigns.
10-1-5 APPLICABLE CODES.
(A) All construction hereby authorized shall conform to the requirements of the National Electrical Code as developed by the American National Standards Institute, the Illinois Occupational Safety and Health Code, and all other applicable laws, ordinance rules and regulations of the Village and of the State of Illinois, as from time to time amend.
(B) The grantee shall, during the continuance of this grant, provide facilities and service sufficient at least to meet the rules and regulations and technical standards for the Federal Communications Commission.
10-1-6 MOVING BUILDINGS- WIRES.
(A) Whenever any person has obtained permission of the proper Village officials to use any of the streets of the Village for the purpose of moving any building, the grantee, its successors and assigns, upon prior notice of at least two regular business days form such person and his paying the actual costs thereof, shall raise or remove any and all the wires or cables which may obstruct the moving of such building so as to allow the unobstructed passage of the same.
(B) Neither the Village nor any of its employees shall be held liable for the consequence of any act done in connection with the moving of the building or rearrangement of wires or for the cost of rearranging the wires.
10-1-7 LIABILITY FOR DAMAGES. In the event it shall be necessary to cut or remove any of the wires, cables or other appurtenances or equipment of the grantee in order to get fire ladders or other apparatus to a building during a conflagration, the Village shall not be liable for any damage done to such wires, cables, conductors or equipment.
10-1-8 TRIMMING TREES. The grantee shall have the authority to trim trees upon and overhanging Village streets, alleys, sidewalks and other public places in order to prevent the branches of such trees from contacting the grantee’s wires, cables, and equipment, provided that such trimming be done under the supervision and direction of the Village and at the expense of the grantee.
10-1-9 EXTENT AND RENEWAL. This shall be based on a separate written contract between the Village of Kansas and the cable provider or successor and assigns.
10-1-10 RIGHT OF GRANTEE; FCC REGULATIONS.
(A) The rights and privileges herein granted shall not be deemed exclusive and the right is hereby reserved to the Village to grant any other persons, companies, corporations, or associations, similar rights.
(B) This franchise is governed by and subject to all applicable rules and regulations of the Federal Communications Commission. Any modifications of the provisions of 47 C.F.R., Section 76.31 of the Rules and Regulations of the Federal Communication Commission governing franchise standards shall be incorporated into this Code by the Village and grantee within one year of the adoption of the modifications, or at the time of the next franchise renewal, whichever occurs first. It shall be the obligation of the grantee, upon notification of any change in this rule, to notify the Village of these changes.
10-1-11 INDEMNIFICATION AND INSURANCE.
(A) Grantee shall indemnify and save the Village free and harmless from any and all liability, loss, cost, damage of expense from accident or damage, either to itself or to persons or property of others which may occur by reason of the exercise of the rights and privileges herein granted; and shall, for the purpose of carrying out the provisions of this section, and prior to commencing construction of any kind, have in full force and effect, and file evidence thereof with the Mayor, a good and sufficient policy (or policies) covings bodily injury with the limits of $300,000 personal injury for each person; $1,000,000 personal injury for each accident and property damage with limits of $50,000 for each accident and $100,000 aggregate, with said policy ( or policies) to be executed by an insurance company (or companies) authorized and qualified to do business in the State of Illinois and conditioned to indemnify and save harmless the Village from and against any and all claims, actions, suits, liability, loss, cost, or be suffered by the Village or by anyone by reason of the erection, construction, relocation, replacing, readjustment, repair, maintenance or operation of the coaxial cable and appurtenances thereto, or by reason of anything that has been done by the grantee thereunder which may, in any way, cause liability by reason thereof.
(B) The grantee shall pay and by its acceptance of this franchise, specifically agrees that it will pay all expenses incurred by the grantor in defending itself with regard to all damages and penalties mentioned in subsection (A) above. These expenses shall include all out-of-pocket expenses such as attorney’s fees, and shall also include the reasonable value of any services rendered by the grantor’s attorney, or his assistants, or of any employees of the grantor.
10-1-12 MODIFICATION OF SUBSCRIBER RATES. The Village declines to exercise their option to set or approve subscriber rates. The company may modify its subscriber rates without seeking or obtaining prior approval by the Village
10-1-13 DEFAULT AND TERMINATION. The grantee shall, at all times, fully and faithfully perform all the terms, provisions, and conditions of this franchise and grant and furnish service, meeting at least the minimum requirements and technical standards of the Federal Communication Commission, and maintain its property in good order and repair throughout the entire term of the grant, and upon default by the grantee hereunder of nay of the provisions of this franchise or upon the failure of the grantee to comply with any of the rules, regulations or orders of the grantor and the continuance of such default or failure for a period of 30 days after written notice setting forth in detail the exact nature of such default or failure, such notice to be sent to the corporate headquarters of the grantee, the Village may, by resolution, and for good cause shown and such default not corrected, terminate this grant of franchise hereunder and in case of said forfeiture, the grantee shall have 120 days to remove all of its wires, cables, or other appurtenances from the streets and alleys and any not so removed within said time shall become the property of the grantor
10-1-14 EQUALITY OF SERVICES. The grantee shall not, as to rates, charges, service facilities, rules regulations, or in any other respect, make or grant any preference or advantage, provided that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled..
10-1-15 OFFICE OF GRANTEE – COMPLAINTS. The grantee shall maintain a business office with a toll-free telephone listing, so located that maintenance service shall be promptly available to subscribers upon request. Notice of the procedures adopted by the grantee and the Village for the investigation and resolution of all complaints regarding grantee’s TV cable operations shall be given to each subscriber at the time of initial subscription to the cable system. Any person having a complaint to regarding the grantee’s operations may direct such complaint to the grantee.
10-1-16 FREE INSTALLATION. The grantee shall provide one free installation, connection, and service therefore to each public school and municipal building located with the corporate limits of the Village.
10-1-17 ANNUAL REVENUES. The Company shall pay to the Village to defray the Village’s cost of administrating this franchise a percentage of their annual gross subscriber revenues taken in and received by it from the delivery of television signals within the Village. (This percentage shall be stated in the contract for franchise between the grantee and the grantor.) For the purpose of this franchise, gross subscriber revenues shall be limited to that revenue the licensee receives as a result of providing its customers with regular subscriber services, and shall not include revenues derived from preprogram or per-channel charges, leased channel revenue, advertising revenues, or any other income derived from the system. The franchise fee set forth herein shall be due and payable in cash in full within 60 days following the close of each fiscal year of the company.
10-1-18 AUTHORITY TO CONSTRUCT. The grantee, subject to the provisions herein, is authorized to construct and operate the cable television system in any and all areas of the Village, and it shall, upon request, extend its facilities to any and all such areas; provided, however, if, in the opinion of the grantee, such and extension is economically impracticable, the grantee may seek financial assistance from the developer, contactor, subscriber, or property owner requesting service before it is required to enter into any new construction. Once construction has begun, however, erection of new facilities shall be completed without unreasonable delay. Disputes, if any, concerning the meaning of “economically impracticable” as used herein shall be subject to review by the Village Board.
10-1-19 UNLAWFUL ACTIONS.
(A) Upon enactment of this Code, either of the following actions by any person, corporation or unincorporated association shall be unlawful and subject to criminal penalty as described in subsection (B) below:
(1) The unauthorized connection, whether physically, electronically, acoustically, inductively or otherwise with any part of a licensed CATV system with the Village for the purpose of taking or receiving television or radio signals, or for the purpose of enabling other to receive such signals, pictures, programs or sounds.
(2) The willful tampering with, removal of, or injury to any cables, wires, or equipment used for distribution of television or radio signals, pictures, programs or sound without the consent of the system owner.
(B) Violators of the provisions of this section shall be guilty of a misdemeanor, and each and every day or portion thereof during which any violation of any of the provisions of this section is committed, continued, or permitted shall be deemed a separate offense and upon conviction of any such violation, such violator shall be punishable by a fine and/or imprisonment. Any equipment or structure erected or maintained and any work commenced or continued in violation of this Code shall be and is hereby declared unlawful and a public nuisance, and the Village Attorney, on direction of the Village Board, shall institute necessary legal proceedings for the abatement, removal or enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends.
10-1-20 MAINTENANCE OF EQUIPMENT. The grantee, upon the retirement of its operating equipment, shall install and maintain equipment equal to or approximating the capability of then current CATV technology to the extent that this is practicable and economically feasible.
10-1-21 SEVERABILITY. It any sections, subsections, sentences, clauses, phrases, or portions of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions thereof.
10-1-22 NOTIFICATION OF FRANCHISE ACCEPTANCE. The grantee shall signify its acceptance of this franchise by filing written notification thereof with the Village Clerk within 30 days from final passage of this Code by the Village Board and approval by the Mayor. The franchise shall become effective on the date such acceptance is received by the Village Clerk. (Adopted originally in 1985).
10-1-23 SCHEDULE OF RATES. With ever changing rate environment, the grantee shall provide all subscribers with rate change notices and new subscribers with a rate schedule.