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R2017-87 Franchise Agreement Comcast of Illinois - Indiana - Ohio, LLC
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R2017-87 Franchise Agreement Comcast of Illinois - Indiana - Ohio, LLC
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8/17/2017 4:47:00 PM
Creation date
8/17/2017 4:46:58 PM
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Resolution/Ordinance
Res Ord Num
R2017-87
Res Ord Title
Execution of Franchise Agreement Comcast of Illinois Indiana Ohio, LLC
Department
Legal
Approved Date
6/19/2017
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2.1. Pursuant to Section 621(a) of the Cable Act, 47 U.S.C. § 541 (a), and 65 ILCS <br /> 5/ 1-42-11(a) of the Illinois Municipal Code, the Illinois Constitution, and Ordinance No. <br /> 11)/ — 51 approving and authorizing the execution of this Agreement, the City hereby <br /> grants to the Grantee a nonexclusive Franchise authorizing the Grantee to construct and operate a <br /> Cable System in the Public Ways within the Franchise Area, and for that purpose to erect, install, <br /> construct, repair, replace, reconstruct, maintain, or retain in any Public Way such poles, wires, <br /> cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, <br /> attachments, and other related property or equipment as may be necessary or appurtenant to the <br /> Cable System, and to provide such services over the Cable System as may be lawfully allowed. <br /> 2.2. Term of Franchise. The term of the Franchise granted hereunder shall be ten (10) <br /> years from the Effective Date, unless the Franchise is renewed or is lawfully terminated in <br /> accordance with the terms of this Franchise Agreement and/or applicable law. From and after <br /> the Effective Date of this Franchise Agreement, the Parties acknowledge that this Franchise <br /> Agreement is intended to be the sole and exclusive Franchise Agreement between the Parties <br /> pertaining to the Grantee's Franchise for the provision of Cable Service. <br /> 2.3. Renewal. Any renewal of this Franchise shall be governed by and comply with <br /> the provisions of Section 626 of the Cable Act, as amended, and any applicable State law which <br /> may exist at the time of renewal and which is not superseded by the Cable Act. <br /> 2.4. Police Powers. Nothing in this Franchise Agreement shall be construed as an <br /> abrogation by the City of any of its police powers to adopt and enforce generally applicable <br /> ordinances deemed necessary for the health, safety, and welfare of the public, and the Grantee <br /> shall comply with all generally applicable laws and ordinances enacted by the City pursuant to <br /> such police power. <br /> 2.5. Reservation of Authority. Nothing in this Franchise Agreement shall (A) <br /> abrogate the right of the City to perform any public works or public improvements of any <br /> description, (B) be construed as a waiver of any codes or ordinances of general applicability <br /> promulgated by the City, or (C) be construed as a waiver or release of the rights of the City in <br /> and to the Public Ways. <br /> 2.6. Competitive Equity. <br /> 2.6.1. In the event the City grants an additional Franchise to use and occupy any <br /> Public Way for the purposes of operating a Cable System, the additional Franchise shall only be <br /> granted in accordance with the Illinois Level Playing Field Statute, 65 ILCS 5/11-42-11. <br /> 2.6.2. In the event an application for a new cable television franchise or other <br /> similar authorization is filed with the City proposing to serve the Franchise Area, in whole or in <br /> part, the City shall to the extent permitted by law promptly notify the Grantee, or require the <br /> Grantee to be notified, and include a copy of such application. <br /> 2.6.3. Provided that appropriate vehicle safety markings have been deployed, <br /> Grantee's vehicles shall be exempt from parking restrictions of the City while used in the course <br /> of installation, repair and maintenance work on the Cable System. <br /> 4 <br />
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