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O-56-98 06/22/98ITEM V.B.4 VILLAGE OF LEMONT ORDINANCE NOgskle ORDINANCE APPROVING CABLE TELEVISION FRANCHISE AGREEMENT WITH MEDIA ONE, INC. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 22nd day of June , 1998. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 22nd day of June , 1998 ORDINANCE 6 -ch -q? ORDINANCE APPROVING CABLE TELEVISION FRANCHISE AGREEMENT WITH MEDIA ONE, INC. WHEREAS, the Village of Lemont seeks to extend its existing cable television franchise with Media, Inc. to June 22, 2013; and WHEREAS, a cable franchise agreement has been negotiated and is attached to this ordinance for approval. NOW THEREFORE BE IT ORDAINED by the President & Board of Trustees, that the Village of Lemont hereby approves the franchise agreement with Media One. IT IS FURTHER ORDAINED THAT the Village President is authorized to execute the franchise agreement and the Village Clerk is authorized to attest. This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. All Ordinance or parts of Ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS, on this 22nd day of June ,1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker NAYS PASSED ABSENT ENE SMOLLEN, Village Clerk Approved by me this 22nd da of_ ,1998. ATTEST: CHARLENE SMOLLEN, Village Clerk CHARD A. KWASNESKI, Village President VILLAGE OF LEMONT CABLE TELEVISION FRANCHISE AGREEMENT This Agreement is made and executed by and between the Village of Lemont, Illinois (Village) and MediaOne, Inc. (Grantee). Whereas, the Village adopted a Cable Television Franchise Ordinance on June 22 , 1998 (Ordinance), which authorizes the Village to issue a Franchise to operate a Cable System in the Village; and Whereas, the Grantee holds the existing Franchise, and the Grantee has requested renewal of said Franchise under the procedures established by federal statute; and In consideration of the faithful performance and strict observance by the Grantee of all the terms hereinafter set forth or provided for, and also provided for in the Ordinance, pursuant to which this Agreement is executed, and in consideration of the grant to the Grantee of the Franchise by the Village, the parties agree as follows: SECTION 1. GRANT OF FRANCHISE A. The Village hereby grants to the Grantee a non - exclusive Franchise to construct, operate, and maintain a Cable Communication System within the public ways of the Village in accordance with the terms and conditions of this Agreement and the Ordinance. The Franchise shall become effective on the date of acceptance by the Grantee in compliance with this Agreement and with the Ordinance, for a period of fifteen (15) years expiring on June 22 , 2013. B. The Grantee hereby accepts the Franchise and agrees, to abide by all the provisions of this Agreement, the Ordinance, and other relevant regulations of the Village which are hereby incorporated by reference as though set forth at length. C. The Parties hereby agree that they have negotiated this Franchise in 1 good faith and with due knowledge of their rights and responsibilities under relevant local, state, and federal laws. SECTION 2. SYSTEM - UPGRADE The Grantee hereby agrees to complete an upgrade of its Cable System by December 31, 2000. The upgraded System shall have a minimum bandwidth capacity of 750 MHZ and a minimum of 79 NTSC analog or equivalent downstream video channels initially activated. All system passives, taps, and connectors shall be capable of passing 1 GHz bandwidth. The Village reserves the right to have an independent engineer or equivalent audit the system to verify completion. SECTION 3. SERVICE TO SCHOOLS AND MUNICIPAL BUILDINGS Grantee shall offer free of charge one (1) outlet of Basic Service and Standard Tier Service to all public and private (Grade K -12) schools located within one hundred twenty -five (125) feet of the System and one (1) outlet to each municipal building, public library and fire station located within one hundred twenty -five (125) feet of the System. Service will be made free of charge and as promptly as possible to all such schools and municipal buildings requesting connections. Basic and standard services will be provided to each outlet in such schools and municipal buildings free of any charge. SECTION 4 COMMUNITY TELEVISION The Grantee shall maintain a Community Television channel based upon community needs as determined by the Village. Its structure will be based on the following criteria: A. The Village will have direct access to a channel on the system. The channel will be maintained by the Grantee and reach at least the Village boundaries subject to the limitations of the system's architecture and the Village's changing boundary lines. B. The Grantee shall provide television production training to residents on a regular basis through regional workshops, local classes and individual instruction. 2 C. The grantee shall make available to the Village on a first -come, first- served supervised basis a multi- camera video production truck for videotaping special events at remote locations in the Village. D. The Grantee shall make a studio and its production equipment available to the Village on a first -come, first- served basis for videotaping special programs. A schedule of available studio days and times will be determined by the Grantee. E. The Grantee shall provide a second Community Television channel to the Village in the event that the first channel reaches its maximum programming capacity. F. Operating rules and procedures for Community television shall be developed by the Village with the assistance and approval of the Grantee. SECTION 5. CAPITAL CONTRIBUTION A. The Grantee agrees to provide the Village with capital support for Community Television equipment and facilities in the form of a one -time contribution to the Village of five (5) Dollars ($5.00) per basic cable subscriber. The subscriber count shall be set as of the franchise acceptance date. Both parties agree that this funding will be used for Community Television as defined in the Ordinance. The payment will be made within sixty (60) days of the franchise acceptance date. SECTION 6. INSTITUTIONAL NETWORK A. Upon agreement on financial terms, the Grantee will provide an Institutional Network (the "Network ") connecting designated public buildings in the Village. The Network could provide the capacity for: origination and delivery of full motion video and audio and high speed data connectivity. The Network will be expandable for additional locations on financial terms mutually agreeable to both Village and Grantee. 3 B. The Village or other user will be responsible for purchase, repair and replacement for any customer premise equipment. C. Grantee will maintain and operate the Institutional network in compliance with FCC and other operating standards and /or technical specifications. SECTION 7. SEPARABILITY Should any portion of this Agreement be declared invalid by a Court of competent jurisdiction, such adjudication shall not affect the remaining sections or provisions which shall remain in full force and effect. SECTION 8. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the parties and supersedes any and all previous Agreements between the parties with respect to the subject matter. This Franchise Agreement shall not be changed, amended or supplemented except by an agreement in writing signed by both parties. In the event of a conflict between this Franchise Agreement and the Ordinance or any other enabling ordinance, law or regulation in effect at the time of this Agreement or thereafter, the terms and conditions of this Franchise Agreement shall be controlling. If the Franchise Agreement is silent, the Ordinance shall govem. The Village may from time to time, amend the Ordinance pursuant to its lawful police powers; provided, however, such amendments shall not impair the rights nor increase the obligations of the Grantee pursuant to this Franchise. SECTION 9. NO RECOURSE A. Except for action seeking equitable relief, Grantee shall have no recourse whatsoever against the Village for any loss, cost, expense, or damage arising out of any provisions or requirements of this Agreement or because of the enforcement thereof by the Village, or for the failure of the Village to have authority to grant all or part of the franchise. B. Grantee expressly acknowledges that in accepting a Franchise it does 4 so relying on its own investigation and understanding of the power and authority of the Village to grant the Franchise. C. By accepting a Franchise, Grantee acknowledges that it has not been induced to enter into the franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of the Village or by any other third person concerning any term or condition of the Franchise not expressed herein. SECTION 10. EFFECTIVE DATE /ACCEPTANCE BY GRANTEE The Grantee shall have thirty (30) days from the date of adoption of this Franchise Agreement to accept this Franchise. Such acceptance by Grantee shall be deemed the grant of this Franchise for all purposes, and the effective date of the Franchise shall be the acceptance date. The Franchise shall expire fifteen (15) years from the acceptance date. In the event acceptance does not take place within thirty (30) days or such other time as the Village might allow, this Franchise shall be null and void. SECTION 11. NOTICE Unless expressly or otherwise agreed between the parties, every notice or response to be served upon the Grantor or Grantee shall be in writing, and shall be deemed to have been duly given to the required party five (5) business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a Post Office or branch thereof regularly maintained by the U.S. Postal Service. The notices or responses to the Grantor shall be addressed as follows: Village Clerk Village Hall 418 Main St. Lemont, IL 60439 5 The notices or responses to the Grantee shall be addressed as follows: Attn: Manager, MediaOne 1304 Marquette Drive. Romeoville, IL 60446 In Witness Whereof, the parties have signed this Agreement on , 1998, which shall be the effective date of this Agreement. Ilage"_; mont: MediaOne Attest: 6