[Adopted 9-16-2014 by Ord. No. 7052]
A.
Findings.
(1)
The
City of Crystal Lake (the "City of Crystal Lake" or "City") is an
Illinois home rule municipal corporation and unit of government organized
and operating pursuant to Article VII, Section 6(a), of the Illinois
Constitution and the Laws of the State of Illinois.
(2)
Pursuant
to its home rule authority, the City of Crystal Lake may exercise
any power and perform any function pertaining to its government and
affairs, including promoting the health, safety and welfare of its
citizens.
(3)
Section
11-42-11 of the Illinois Municipal Code, 65 ILCS 5/11-42-11, grants
municipalities authority to license, franchise and tax cable operators.
(5)
The
City of Crystal Lake is a "franchise authority" as defined in the
Cable Communications Policy Act of 1984, as amended from time to time,
47 U.S.C. § 521 et seq.
(6)
The
City of Crystal Lake City Council desires, and finds it is in the
best interest of the health, safety, morals and welfare of the City,
to grant a cable franchise, pursuant to all of the foregoing authority,
to Comcast of Northern Illinois, Inc. or an affiliate thereof, for
the purpose of operating a cable system within the City's boundaries.
B.
Incorporation
of recitals. The foregoing recitals are true and correct and are incorporated
into the text of this ordinance as its findings to the same extent
as if each such recital had been set forth herein in its entirety.
It is the City Council's intent for the actions described herein to
be interpreted as an exercise of the foregoing authorities to the
fullest extent permitted by law.
Pursuant to Section 621(a) of the Cable Act, 47 U.S.C. § 541(a), and 65 ILCS 5/11-42-11(a) of the Illinois Municipal Code, the Illinois Constitution and Chapters 195 and A700 of the Code of Ordinances, City of Crystal Lake, Illinois, the City Council hereby approves and grants to Comcast of Northern Illinois, Inc. (the "Grantee") a nonexclusive Cable Television Franchise Agreement (the "Franchise"), in the form attached hereto as Exhibit A[1]; and, further, subject to the Grantee's strict compliance
with the terms and conditions of such Franchise, authorizes the Grantee
to construct and operate a cable system in the public ways within
the Franchise area, and for that purpose to erect, install, construct,
repair, replace, reconstruct, maintain, or retain in any public way
such poles, wires, cables, conductors, ducts, conduits, vaults, manholes,
pedestals, amplifiers, appliances, attachments, and other related
property or equipment as may be necessary or appurtenant to the cable
system, and to provide such services over the cable system as may
be lawfully allowed.
[1]
Editor's Note: Exhibit A is on file in the City offices.
The Franchise granted herein shall be for a term of five years.
This ordinance and the Franchise granted herein shall be effective
as of September 17, 2014.
The specific terms and conditions of this ordinance shall prevail
against other existing ordinances of the City of Crystal Lake to the
extent of any conflicts. Except for the foregoing limitations, the
Grantee's operation of its cable system pursuant to the Cable Television
Franchise Agreement remains subject to all terms and conditions of
applicable codes and ordinances of the City of Crystal Lake, including,
without limitation, building codes and regulations concerning the
construction and design of public improvements. All ordinances or
parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed insofar as they conflict herewith. Each section,
subsection, subdivision and provision of this ordinance is hereby
declared to be an independent division and subdivision and, notwithstanding
any other evidence of legislative intent, it is hereby declared to
be the controlling legislative intent that if any provisions of said
chapter, or the application thereof to any person or circumstance,
is held to be invalid, the remaining sections or provisions and the
application of such sections and provisions to any person or circumstances
other than those to which it is held invalid shall not be affected
thereby, and it is hereby declared that such sections and provisions
would have been passed independently of such section or provision
so known to be invalid.
The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City of Crystal Lake and shall
be received in evidence as provided by the Illinois Compiled Statutes
and the courts of the State of Illinois.
