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Chapter 9 - Franchises

CHAPTER 9

 

FRANCHISES

ARTICLE I – CABLE TELEVISION

 

 

9‑1‑1           GRANT OF FRANCHISE.  The Village of Westville, Illinois, does hereby grant unto See‑More T.V. Corporation, an Illinois Corporation, and its assigns, the right, privilege, franchise and right‑of‑way in, under, upon, across and along the streets, alleys, avenues and public ways, easements and rights‑of-way, of and within the Village for the purpose of erecting, settling, constructing and maintaining all necessary and convenient poles, towers, antennae, guy wires, wires, cables, transformers, boosters, signal amplifying apparatus, guy posts, equipment and appliances properly to locate, construct, maintain, operate and remove a television, F.M. or alternative signal and music service and distributing system for pay within the Village of Westville; the franchise rights herein granted include the right of grantee to trim the branches of any trees located on or over the streets, alleys, avenues and public ways, easements and rights‑of‑way of and within the Village of Westville for the purpose of erecting, setting, constructing, maintaining and removing the facilities of grantee necessary for the furnishing of its television signal service. This franchise shall be for a period of twenty‑five (25) years from the effective date of this Code. Grantee shall have the option to renew this franchise for additional twenty‑five (25) year periods, which option shall become effective upon written notice by letter from See‑More T.V. Corporation, or its successors or assigns, addressed to the Village of Westville, Illinois, and delivered to the President of the Board of Trustees thereof, at least thirty (30) days prior to the expiration of each twenty‑five (25) year term, disclosing its intent to extend the term of this Code for an additional twenty‑five (25) year period from the expiration date hereof; provided, however, the Village shall have the right prior to each renewal to renegotiate the amount of the franchise fee.

 

 

9‑1‑2           POLES, WIRES, ETC.  Grantee shall so set its poles and place its cables, wires and appliances so as not to interfere with the ordinary travel and use of the streets, alleys, avenues or public ways, easements and rights‑of‑way, provided, however, no poles shall be set without prior approval of the Village Engineer and Department of Public Works of the Village of Westville as to location. All of such installations shall be of a permanent nature, durable and of sufficient height not to interfere unreasonably in any manner with the rights of the public, public utilities, or of individual property owners. Nothing herein contained shall prevent grantee from leasing pole rights from existing public utility companies.


9‑1‑3           JOINT USE AUTHORITY.  The Village of Westville hereby covenants to exercise whatever power and control it may have over public utilities within the corporate limits of the Village to require said utilities to allow the grantee's joint usage of their poles and pole line facilities wherever possible or wherever such usage does not interfere with the normal operation of said poles and pole lines so that a number of new or additional poles constructed by this grantee within the Village may be minimized, and to the end that the rights of joint usage will be at reasonable rates and on reasonable terms.

 

 

9‑1‑4          SERVICE OFFERED.  Grantee shall offer to furnish and distribute its television signal service to all persons in any specified geographical area that is sufficiently populated to make the extension of service to that area feasible, in the judgment of grantee, within the limits of the Village of Westville within a reasonable time. Provided it makes immediate restoration, it shall have the right to extend its facilities in, under, upon, across and along the streets, alleys, avenues and public ways, easements and rights‑of‑way, of any addition, or additions hereinafter made to the Village's corporate territory and to use the streets, alleys, avenues and public ways, easements and rights‑of-way for its facilities to continue such signals to points beyond the corporate limits of the Village, provided that no extension of service beyond the corporate limits of the Village shall occur until service within the Village has been reasonably provided unless permission is granted by the Board of Trustees.

 

 

9‑1‑5           DEFINITIONS.  It is agreed that for the purpose of this Section and elsewhere when applicable, the following definitions are adopted:

          (A)               Single Residential Subscriber shall mean a purchaser of the service of grantee by one tap of grantee's cable, such services to be used by the purchaser for his own benefit       and entertainment and not for the purpose either of resale or the furtherance of any business in which he is engaged.

          (B)               Multiple Residence is defined as any building or structure wherein more than one (1) family unit is housed on either a semi‑permanent or permanent basis.

          (C)               Commercial Subscriber is defined to mean any sub­scriber, who is not a residential‑subscriber, to the service       of grantee by one tap of grantee's cable.

          (D)               A tap of grantee's cable is defined as the singular physical connection to grantee's distribution system to provide television signals to a subscriber's premises.

          Grantee shall be authorized to make reasonable and non‑discriminatory conditions upon its furnishing service to any subscriber.

All facilities necessary to furnish the service of grantee to its subscribers to such service shall be and remain the property of grantee, and grantee shall have the duty and the exclusive right to install, maintain, modify, alter and remove all such facilities.


9‑1‑6           SCHOOL SERVICE FREE.  Grantee agrees to furnish one tap of its service to any and all schools in Westville desiring the same, free of charge.

 

 

9‑1‑7           CHARGES.  The following schedule of charges will be the maximum charges by grantee until such time, if any, further rate increases are authorized by the Board of Trustees of the Village of Westville:

          (A)               Single Residential Subscriber, connection fee, $10.00; monthly charge, $5.00; additional set fee, $1.50.

(B)               Connection fee, $10.00 plus any special installation fees; monthly charge $5.00; additional set fee, $1.50.

          (C)               Multiple Residence, connection fee, $10.00 for each family unit within the multiple residence; monthly charge, $5.00 for fee each family unit within the multiple residence; additional set $1.50 for each additional set within each family unit.

          None of the foregoing rates may be increased beyond the maximum schedule set forth above except through the following procedure:

          The Grantee shall notify the Village in writing by registered mail of the proposed rate change in the single outlet monthly rate. Within twenty‑one (21) days of the receipt of the registered letter by the Village, the Village must arrange a meeting between the Grantee and the Village to discuss the proposed rate change. If the Village does not agree with the Grantee regarding the rate increase within fifteen (15) days of the first meeting with the Grantee, then a Board of Arbitrators shall be composed of five (5) members, two (2) selected by the Village, two (2) to be selected by the Grantee, and the fifth (5th) to be selected by the four (4) aforementioned representatives on the Board of Arbitrators. Said Board of Arbitrators are to render a decision for or against the rate change after fifteen (15) 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 Grantee and the Village, and shall be binding upon all parties concerned.

          The determination of the Grantee's rates shall also be subject 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 enterprise.

 

 

9‑1‑8           CHANNELS.  Grantee agrees to deliver adequate television signals from at least the following channels.

 

Channel 3     -         Champaign, Illinois

Channel 4     -         Indianapolis, Indiana

Channel 6     -         Indianapolis, Indiana

Channel 9     -         Chicago, Illinois

Channel 10   -         Terre Haute, Indiana

Channel 13   -         Indianapolis, Indiana

Channel 24   -         Danville, Illinois

 

plus an adequate F.M. signal and shall make every effort to extend its service to other channels as rapidly as possible. Grantee likewise agrees to deliver television signals from any educational station which may be made available to grantee. Grantee shall also provide an adequate color signal of the National Broadcasting Company. However, grantee shall not be deemed to have breached this franchise if it fails to deliver any such signals described above due to cessation of service by the originating stations, either temporarily or permanently.

 

 

9‑1‑9           VILLAGE'S AGREEMENT.  As consideration for the adoption of this Code and conferring on grantee this franchise, grantee agrees to pay to the Village of Westville three percent (3%) of its annual gross receipts derived from recurring monthly service charges; said payment to be made annually, on or before thirty (30) days have elapsed at the end of each fiscal year. Such payment by grantee shall be in lieu of all taxes, licenses or fees levied or exacted by the Village.

 

 

9‑1‑10        ELECTRIC CODE REQUIREMENTS AND INTERFERENCE. All facilities and equipment of grantee shall be constructed and maintained in accordance with the requirements and specifications of the most recent edition of the National Electrical Safety Code where applicable and meet minimum FCC requirements to eliminate any interference or radiation so as to not effect the reception of radio and television of non‑subscribers, and of the ordinances of the Village of Westville governing such installations as they may exist from time to time during the term of this franchise. The construction and maintenance of grantee's facilities shall not interfere unreasonably with the use or maintenance of any facilities or equipment of the Village or of any public utility company in, under, upon, across or along the streets, alleys, avenues and public ways, easements and rights‑of‑way. Grantee agrees to indemnify and hold harmless the Village from any and all liability growing out of any injury to person or property as a result of its operation under this franchise.

 

 

9‑1‑11        INSURANCE COVERAGE.  Grantee agrees that it will furnish evidence to the President and Board of Trustees within the time he has to accept this grant, that it has in force Workmen's Compensation Insurance and Public Liability Insurance indemnifying itself, any subcontractor, officers and agents against claims for personal injuries or accidental death which may arise from any operations under this franchise, whether such operations be by grantee, grantee's subcontractor or any person directly or indirectly employed by either. The minimum amount of the insurance provided for in this Section shall be One Hundred Thousand Dollars ($100,000.00) for any person and Three Hundred Thousand Dollars ($300,000.00) for any one accident. The grantee shall also take out and maintain property damage insurance in the minimum amount of Twenty‑Five Thousand Dollars ($25,000.00). The aforesaid insurance shall be maintained by grantee so
long as grantee shall operate the said system under the provisions of this Code, and shall be conditioned to fully and completely indemnify and save harmless the Village of Westville from any and all actions, claims, suits and demands of whatsoever kind and against all damages of whatever kind arising from or in any way incident to the erection, maintenance and operation of said poles, wires, cables, and associated appliances.

 

 

9‑1‑12        AVAILABILITY OF SERVICE.  Grantee agrees that it will diligently pursue construction of its facilities to the end that all persons residing within the Village and desiring grantee's service will be offered such service within a reasonable time in accordance with Section 9‑1‑4 herein. Grantee further agrees to commence actual construction of the system herein described within two (2) years after issuance of the franchise, subject to acts of God and acts beyond the sole control of grantee, and grantee further agrees to complete construction of the system herein in accordance with Section 9‑1‑4 of this Code within a reasonable time after commencement of construction subject to acts of God and matters not within its sole control.

 

 

9‑1‑13        ENGAGING IN REPAIR SERVICE.  No employee of grantee, or grantee, shall engage, directly or indirectly in the business of selling or servicing radios or television receivers within the Village during the term of this franchise.

 

 

9‑1‑14        TERMINATING SERVICE.  Grantee may at any time during the term of this agreement, upon ninety (90) days' written notice to the Village Board of Trustees remove its wires and appliances or any part thereof and discontinue its service to the Village of Westville.

Upon the termination of this franchise the Grantee shall remove its posts, poles, television transmission and distribution system and other appurtenances from the streets, lanes, sidewalks, highways, alleys, bridges and other public places in the Village of Westville and shall restore such streets, lanes, sidewalks, highways, alleys, bridges and other public places to their original condition.

 

 

9‑1‑15        APPROVAL OF ASSIGNMENT.  This franchise shall not be assignable or transferrable by grantee without the written consent of the Village; except this provision shall not restrict nor prohibit the grantee from reorganizing or changing its legal name or structure, as grantee may deem necessary to conduct the business contemplated by this franchise. In the event an assignment or transfer is made that requires the Village's consent, the Village shall not arbitrarily or unreasonably withhold its consent.


9‑1‑16        ACCEPTANCE OF AGREEMENT.  This franchise shall be accepted by the grantee in writing on or before the expiration of sixty (60) days from the effective date of this Code.

 

 

9‑1‑17        VILLAGE TERMINATING SERVICE.  If grantee fails to perform any of the material covenants herein provided for, for a period of ninety (90) days after receiving written notice from the Village of said breach, the Village shall have the right to terminate grantee's franchise. Written notice shall be given to grantee by service on its registered agent or by service of its business office in the Village of Westville.

 

 

9‑1‑18        UNCONSTITUTIONAL PROVISION.  If any section or paragraph, clause, phrase, or provision of this Code shall be invalid or unconstitutional the same shall not affect the validity of the remainder of this Code.

 

(Ord. No. 1101; 07‑14‑64)


ARTICLE II ‑ ELECTRIC FRANCHISE

 

 

9‑2‑1           ELECTRIC FRANCHISE GRANTED.  There is hereby given and granted to Illinois Power Company, its successors and assigns (hereinafter referred to as the "Company"), the right, privilege and authority to construct, operate, maintain and/or extend within the corporate limits, as the same now exists or may hereafter be extended, of the Village of Westville (hereinafter referred to as "Municipality"), an electric utility system for the manufacture, transmission, distribution and/or sale of electric energy, together with the right, privilege and authority to erect, construct, install, operate and/or maintain all poles, conductors, wires, cables, conduits, equipment and/or other apparatus as may be necessary or convenient for such system, in, upon, along, over, under, through and/or across each and all of the streets, avenues, alleys, bridges, easements, rights‑of‑way and/or other public places. Municipality further given and grants to the Company the right, privilege and authority, at all times deemed necessary by the Company, to trim trees, or any portion of said trees, upon, along, over and/or across each and all of such streets, avenues, alleys, bridges, easements, rights‑of‑way and/or other public places in such a manner that there shall be proper clearance, in the determination of the Company.

 

 

9‑2‑2           LOCATION OF POLES.  All poles, conductors, wires, cables, conduits, equipment and other apparatus erected, placed or installed under this Code shall be located in streets, alleys or avenues wherever practicable so to do, and shall be located, whether on streets, alleys, avenues, bridges, easements, rights-of‑way or other public places as not to interfere unreasonably with travel on such streets, alleys, avenues, bridges, easements, rights‑of‑way or other public places.

 

 

9‑2‑3           INSTALLATION REGULATIONS.  All poles and conduits erected, placed or installed under this Code shall be located as not to unreasonably injure any pavements, drains, sewers, catch basins, water pipes or other like improvements, but should any pavement, drain, sewer, catch‑basin, water pipe, or other like improvement be unreasonably injured by such location, the Company shall forthwith repair the damage caused by said injury, at its own expense, to the reasonable satisfaction of Municipality. All overhead conductors, wires and cables shall be installed with sufficient height that will allow the Company to maintain all clearance requirements prescribed by the applicable Rules and Regulations of the Illinois Commerce Commission of the State of Illinois.

 

 

9‑2‑4           RECONSTRUCTION AND GRADES.  When any street, avenue, alley, bridge, easement, right‑of‑way or other public place, upon which or in which any poles of the Company are located, shall be graded, curbed, paved or otherwise changed so as to make the resetting of such poles necessary, the Company shall make such
necessary change. Should the Company desire to use conduits, or other similar equipment, the Company shall make application to Municipality for the establishment of permanent grades.  Such conduits or other similar equipment shall not be installed until such permanent grades have been established.  Municipality agrees to establish promptly such permanent grades upon such application.

 

 

          9‑2‑5           RATE STRUCTURE.  The rates to be charged by the Company for electric service rendered under this Code shall be such as are approved from time to time by the Illinois Commerce Commission of the State of Illinois and/or such other duly consti­tuted governmental authority as shall have jurisdiction thereof.  All Rules and Regulations of the Illinois Commerce Commission of the State of Illinois applicable to the rights, privileges and authority granted by this Code, in the event of conflict herewith, shall govern.

 

 

          9‑2‑6           STREET LIGHTING CHARGES.  As consideration for the rights, privileges and authority given and granted by this Code, so long as the Company during the term hereof shall exercise such right, privilege and authority, the Company shall furnish, free of charge, sixty percent (60%) of Municipality's street lighting requirements, utilizing the Company's standard street lighting system, in the Company's service area within Municipality's  cor­porate limits.

 

 

          9‑2‑7           EXEMPT FROM SPECIAL ASSESSMENTS.  The Company shall be exempt from any special tax, assessment, license, rental or other charge during the term of this Code, on all poles, conduc­tors, wires, cables, conduits, equipment and other apparatus placed in the streets, alleys, avenues, bridges, easements, rights‑of‑way or other public places within the corporate limits of Municipality.

 

 

9‑2‑8           VILLAGE'S LIABILITY; HOLD HARMLESS.  The Company shall defend, indemnify and hold harmless the Municipality from and against any and all claims, damages, liabilities, judgments, costs and expenses of any kind, whether suffered or incurred by the Company or Municipality or some other person, arising out of this Code and by reason of any negligent act or omission of the Company, its officials, employees or agents; provided notice, in writing, is given to the Company together with all information, documents and/or evidence in possession of Municipality, its offi­cials, employees or agents, relating to any such claim and Munici­pality, its officials, employees or agents, fully cooperates with the Company in defense of such claim.


9‑2‑9           MUNICIPAL AUTHORITY TO GRANT FRANCHISE.  Municipality warrants that it has the authority to grant the rights, privi­leges and authority herein given and granted to the Company and that it has good and sufficient title to the streets, avenues, alleys, easements, rights‑of‑way, bridges and other public places where any poles, conductors, wires, cables, conduits, equipment and/or other apparatus is placed or erected under this Code.

 

 

9‑2‑10        TERM OF FRANCHISE.  All rights, privileges and au­thority given and granted by this Code are granted for a term of fifty (50) years from and after the acceptance of this Code as hereinafter provided (the "Initial Term"), and thereafter on a year‑to‑year basis (each a "Subsequent Term") unless either the Company or Municipality notifies the other in writing of its desire to terminate this Code at least six (6) months prior to the expiration of the Initial Term or any Subsequent Term. (Expires in 2042)

 

 

9‑2‑11        CONTRACT FILED WITH VILLAGE.  No right, privilege or authority given or granted by this Code shall become effective until there shall have been filed with the Village Clerk of said Municipality the written acceptance of this Code by the Company. Such acceptance shall so be filed within ninety (90) days from the passage of this Code and when so filed, shall, together, with operation by the Company under the terms of this Code, constitute full consideration for the rights, privileges and authority hereby given and granted.

 

(Ord. No. 1265; 04‑14‑92)