[Adopted 9-3-2024 by Ord. No. 8055[1]]
[1]
Editor's Note: This ordinance also superseded former Art. V, Comcast of Northern Illinois, 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.
(4) 
Chapters 195 and A700 of the Code of Ordinances, City of Crystal Lake, Illinois, control and govern cable television franchising within the City of Crystal Lake.
(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: Said exhibit is on file in the City offices.
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, not withstanding 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.