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R2008-03 AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT
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R2008-03 AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT
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10/23/2015 2:30:39 PM
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Resolution/Ordinance
Res Ord Num
R2008-03
Res Ord Title
AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT - COMCAST OF ILLINOIS/INDIANA/OHIO, LLC
Approved Date
1/22/2008
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� 1 , � <br /> b. All installation of electronic equipment shall be of a permanent nature, <br /> durable and installed in accordance with the provisions of the National Electrical Safety <br /> Code of the National Bureau of Standards and National Electrical Code of the National <br /> Board of Fire Underwriters. <br /> c. Antennas and their supporting structures (towers) if any shall be painted, <br /> lighted, erected and maintained in accordance with all applicable rules and regulations of <br /> the Federal Aviation Administration and all other applicable state and Municipal laws, <br /> codes and regulations. <br /> d. All of Comcast's Cable System facilities shall be installed, located, <br /> erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated <br /> in accordance with good engineering practices. All such work must be performed by <br /> experienced maintenance and construction personnel so as not to endanger or interfere <br /> with improvements the City may deem appropriate to make, interfere in any manner with <br /> the rights of any property owner or unnecessarily hinder or obstruct pedestrian or <br /> vehicular traffic. Nothing in this Section shall be construed to limit Comcast's rights to <br /> access and make use of its own or general utility easements in accordance with the terms <br /> of such easements so long as such use is consistent with applicable provisions of the <br /> Municipal Code and state and federal law. <br /> e. Comcast shall at all times employ ordinary care and shall install and <br /> maintain in use commonly accepted methods and devices preventing failures and <br /> accidents which are likely to cause damage, injury or nuisance to the public. <br /> £ Comcast shall to the extent applicable, comply with the provisions of <br /> Chapter 36 of the Municipal Code regarding tree trimming on both public and private <br /> property. <br /> 2.7 Comcast shall construct and operate the Cable System to comply with the FCC <br /> technical standards contained in Part 76, Subpart K of the FCC's rules and regulations, as <br /> updated and amended from time to time (47 C.F.R. Part 76, Subpart K). <br /> 3. Term. The term of this Agreement shall begin on the Effective Date and end ten (10) <br /> years after the Effective Date. Upon the expiration of this Agreement, Comcast and the City <br /> shall renew this franchise agreement subject to the provisions of federal, state and local laws, as <br /> applicable. <br /> 4. Compensation to the Citv. <br /> 4.1 During the term of this Agreement, Comcast shall pay to the City a fee of five <br /> percent (5%) of the Gross Revenues. 'The Parties acknowledge that, at present, applicable federal <br /> law limits the City to collection of a maximum permissible franchise fee of five percent (5%) of <br /> Gross Revenues. In the event that at any time during the duration of this Franchise, the City is <br /> authorized to collect an amount in excess of five percent (5%) of Gross Revenues, then the City <br /> may unilaterally amend this Franchise as long as doing so is competitively neutral after holding a <br /> public hearing by ordinance to provide that such excess amount shall be added to the franchise <br /> 4 <br /> 1043854v2 <br />
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