Board of Trustees Regular Meeting Agenda

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611 N. Dunlap Avenue | Savoy, Illinois 61874 |Phone: (217) 359-5894 |Fax: (217) 359-0202 |www.savoy.illinois.gov

Date: Wednesday, September 1, 2021 Time: 7:00 P.M. Place: 611 North Dunlap Avenue

Savoy, Illinois 61874

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. President’s Remarks

5. Public Comment

6. Discussion Items

a. Staff Report Champaign County Sheriff’s Office Update b. Staff Report Attorney’s Report

7. Consent Items

a. Approval of Minutes August 4, 2021, August 11, 2021, and August 18, 2021 Board of Trustees and Study Session Minutes

8. Action Items

a. Ordinance 2021-O-14 An Ordinance Amending Title 3, Chapter 3.16, of the Savoy Municipal Code to Amend Municipal Retailers and Service Taxes

b. Ordinance 2021-O-15 An Ordinance Amending Title 8, Chapter 8.32, Article I of the Savoy Municipal Code to Amend Nonvehicular Noise

c. Resolution 2021-R-32 A Resolution Approving a Building Permit for the Construction of an Accessory Structure for 709 N. Dunlap Avenue

d. Resolution 2021-R-33 A Resolution Approving a Cable Franchise Agreement Between The Village of Savoy and Comcast of Illinois/ Indiana/ Ohio, LLC

e. Resolution 2021-R-34 A Resolution Approving the Village Board of Trustees Attendance at the 2021 Illinois Municipal League Annual Conference

9. New Business

10. Board of Trustees Remarks

11. Adjournment

Board of Trustees Regular Meeting Agenda

MARC R. MILLER

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(1912-2011)

11,uoltl /1. Miller

(I 950-2QOS)

Jo C. IVt!/J11111son {19]]./979)

J. F.d1ri11 Fi/Jon

(1907-1960)

LAW OFFICE

MILLER & HENDREN

MH LA \VOFFICE LLC

2504 GALEN DRIVE, SUITE 101

P.O. BOX 980

CHAMPAIGN, ILLINOIS 61824-0980

mhlawofficc.com

August 25, 2021 President Jolu1 P. Brown Members of the Board of Trustees Village of Savoy 611 N. Dunlap Ave. Savoy, IL 61874

RE: September 1, 2021, Status Report (Contains Privileged Attorney- Client Communications)

Dear President and Trustees,

TELEPHONE (217) 352-2171

fAX (217) 352-3839

I have worked with staff resolving some permit issues, code issues, the search for TIF legal counsel, and the Comcast Franchise Agreement renewal. I don't envision any of these items driving any major policy issues for the Board.

If anyone has any questions in advance of the Board meeting, please call me at 217-352-2171.

Very h"uly yours, MILLER&

By: __ _,_,,_..,___,__ ____ _

MRM/cm cc: Clu·istopher Walton, Village Administrator


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MINUTES OF THE BOARD OF TRUSTEES

DATE: Wednesday, August 4, 2021

CONVENED: 7:00 P.M.

ADJOURNED: 7:43 P.M.

PLACE: 611 North Dunlap Avenue Savoy, Illinois 61874

The Board of Trustees met in regular session Wednesday, August 4, 2021, at 7:00 pm at the Robert C. McCleary Municipal Center.

ELECTED OFFICIALS PHYSICALLY PRESENT: President John P. Brown, Trustees: Larry Kanfer, Heather J. Mangian, Jan Carter Niccum, Bill Vavrik, Dee Shonkwiler, and Joshua Young

ELECTED OFFICIALS PRESENT VIA TELECONFERENCE: None

ELECTED OFFICIALS ABSENT: None

STAFF PRESENT: Village Administrator Christopher Walton, Village Treasurer Dennis Donaldson, Village Clerk Wendy Hundley, Parks and Recreation Director Nick McDuffee, Community and Economic Development Director Katie Simpson, Public Works Director Roland White, Acting Assistant Fire Chief Richard Kesler, Acting Captain Scott Kesler, Acting Lieutenant Alex Tran, Acting Lieutenant David Bellmore, Acting Lieutenant Timothy Frye, Firefighter Austin Beckett, Firefighter Alec Campbell, and Firefighter Jordan Stern

OTHERS PRESENT: Shannon Barrett, Jason Dillingham, Carrie Forrest, and Marc Miller

1. CALL TO ORDER

The Board of Trustees meeting was called to order at 7:00 pm by President Brown.

2. ROLL CALL

Village Clerk Wendy Hundley called the roll as follows:

Present: President Brown and Trustees: Kanfer, Mangian, Niccum, Vavrik, Shonkwiler and Young

Absent: None

A quorum was declared.

3. PLEDGE OF ALLEGIANCE

Pledge of Allegiance was recited.

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4. PRESIDENT’S REMARKS

President Brown presented Acting Captain Scott Kesler with a certificate of recognition for respondingto an alarm for a house fire in the Fieldstone Subdivision on Sunday, July 18, 2021 and for being thefirst to arrive.

President Brown made the following announcements:• Regional Planning Commission (RPC) is asking for assistance in the process of recruiting a new

community member to serve on the commission.• City of Champaign and Unit 4 Schools have suspended the School Resource Officer (SRO) for

the upcoming school year. The Administrator and staff are speaking with Unit 4 and the Cityof Champaign to discuss the future of their agreement.

• The Village has scheduled three listening session opportunities for residents and stakeholders to participate in the ongoing Fire Department Study. There will two virtual meetings;Wednesday, August 25, 2021 at 7:00 pm; Thursday, August 26, 2021 at 7:00 pm; Monday,August 30, 2021 at 7:00 pm the meeting will be in person at the Savoy Fire Department,following COVID-19 guidelines.

5. PUBLIC COMMENT

Jason Dillingham and Carrie Forrest addressed the Board of Trustees to express their concerns aboutthe recent fire at the Fieldstone Subdivision and the need to have a career fire department vs. avolunteer-based fire department.

6. DISCUSSION ITEMS

a. Staff Report Champaign County Sheriff’s Office Update b. Staff Report Attorney’s Report c. Staff Report Community and Economic Development

Chief Deputy Shannon Barrett was present on behalf of the Sherriff’s department. Trustee Mangian asked for an update about the recent vandalism activity in the Village. Barrett said that Lt. Shaw was on vacation but from previous electronic communication there were no updates, however, she will have Lt. Shaw send an email to the Village if there are any updates.

No questions were asked of the Village Attorney.

No questions were asked of the Community and Economic Development Director.

Trustee Niccum thanked Economic Development Director Katie Simpson and Plumbing Inspector Bill Black for helping with a water leak issue on a property located on South Dunlap.

7. CONSENT ITEMS

a. Approval of Minutes July 7, 2021 and July 14, 2021; Board of Trusteesand Study Session Minutes

b. Warrants Payable - July 1, 2021 – July 30, 2021

Trustee Niccum moved to approve the consent items a. and b. as presented, seconded by TrusteeYoung. Trustee Mangian suggested adding the word “evening” in the public comment sectionafter the word “about.” There were no objections to the change. The motion carried by roll call

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vote as follows:

Ayes: Kanfer, Mangian, Niccum, Vavrik, Shonkwiler, and Young

Nays: None.

Abstentions: None

8. ACTION ITEMS

a. Ordinance 2021-O-13: An Ordinance Amending the Annual Budget for the General Fund

The purpose for the ordinance was to amend the Village’s budget to reflect changes in thecapital expenditures. This amendment repurposes the previous commitment of matching grantfunds for the Curtis Road Complete Streets Project to various capital projects to be completedthis fiscal year. This amendment also accepts a grant from the office of the State Fire Marshalfor equipment purchases by the Fire Department and an early payment for the apparatus thatthe Village purchased earlier this year.

Trustee Vavrik moved to approve Ordinance 2021-O-13 as presented. Seconded by TrusteeShonkwiler and carried by roll call vote as follows:

Ayes: Kanfer, Mangian, Niccum, Vavrik, Shonkwiler, and YoungNays: NoneAbstentions: None

9. BOARD OF TRUSTEES REMARKS

Trustee Niccum addressed the following: what type of activity was taken place at the RecreationCenter Saturday evening, and how many employees have an assigned city vehicle?

Village Administrator addressed questions and affirmed that there was no violation to currentpersonnel policy.

10. NEW BUSINESS

There was none.

11. ADJOURNMENT

There being no further business to come before the Board of Trustees meeting, President Brownadjourned the meeting at 7:43 pm.

Wendy M. Hundley Village Clerk

This meeting was recorded.

Minutes Approved:

https://www.facebook.com/Savoy.IL/videos/1265893357176804/


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MINUTES OF THE BOARD OF TRUSTEES STUDY SESSION


CONVENED: 7:00 P.M.



The Board of Trustees met in study session Wednesday, August 11, 2021, at 7:00 pm at the Robert C. McCleary Municipal Center.

ELECTED OFFICIALS PHYSICALLY PRESENT: President John P. Brown, Trustees: Larry Kanfer, Heather J. Mangian, Jan Carter Niccum, Dee Shonkwiler, and Bill Vavrik


ELECTED OFFICIALS ABSENT: Joshua Young

STAFF PRESENT: Village Administrator Christopher Walton, Village Treasurer Dennis Donaldson, Village Clerk Wendy Hundley, Parks and Recreation Director Nick McDuffee, Community and Economic Development Director Katie Simpson, and Public Works Director Roland White

OTHERS PRESENT: None

Chair: Dee Shonkwiler

1. CALL TO ORDER

The Board of Trustees Study Session meeting was called to order at 7:00 pm by Chair Dee Shonkwiler.

2. ROLL CALL


Present: President Brown and Trustees: Kanfer, Mangian, Niccum, Shonkwiler, and Vavrik

Absent: Young


3. PUBLIC COMMENT

There was none.

4. STUDY SESSION ITEMS

a. Study Session 2021-15 Unfunded Village Priorities

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Village Administrator Christopher Walton stated the purpose of the study session was to start thinking about the upcoming budget process, which staff will begin in October. Earlier this year staff talked to the board about village priorities and received feedback on some of the projects. This study session was to allow the board to brainstorm and narrow down the list. Staff provided cost estimates based on similar projects and not commitments. Staff would like the board to discuss how to fund these projects. Discussion ensued.

After discussion, staff addressed questions from the board. The board directed staff to draft an ordinance to meet the October deadline for a sales tax increase to match neighboring communities.

5. ADJOURNMENT

There being no further business to come before the Board of Trustees meeting, Chair Shonkwileradjourned the meeting at 8:17 pm.

Wendy M. Hundley Village Clerk

This meeting was recorded.

Minutes Approved: ___

https://www.facebook.com/Savoy.IL/videos/359197455773263/


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MINUTES OF THE BOARD OF TRUSTEES


CONVENED: 7:00 P.M.



The Board of Trustees met in regular session Wednesday, August 18, 2021, at 7:00 pm at the Robert C. McCleary Municipal Center.

ELECTED OFFICIALS PHYSICALLY PRESENT: President John P. Brown, Trustees: Larry Kanfer, Heather J. Mangian, Jan Carter Niccum, Bill Vavrik, Dee Shonkwiler, and Joshua Young


ELECTED OFFICIALS ABSENT: None

STAFF PRESENT: Village Administrator Christopher Walton, Village Treasurer Dennis Donaldson, Village Clerk Wendy Hundley, Parks and Recreation Director Nick McDuffee, Public Works Director Roland White, and Acting Fire Chief Sam Smith

OTHERS PRESENT: None

1. CALL TO ORDER

The Board of Trustees meeting was called to order at 7:00 pm by President Brown.

2. ROLL CALL


Present: President Brown and Trustees: Kanfer, Mangian, Niccum, Vavrik, Shonkwiler and Young

Absent: None


3. PLEDGE OF ALLEGIANCE

Pledge of Allegiance was recited.

4. PRESIDENT’S REMARKS

President Brown made the following announcements:

• Regional Planning Commission (RPC) is still asking for assistance in the process of recruiting a newcommunity member to serve on the commission. If interested in serving the community, pleasevisit the RPC’s website.

https://ccrpc.org/news/2021/rpc-seeks-new-community-member-to-serve-on-rpc-board/

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• The Department of Commerce and Economic Opportunity (DCEO) started accepting applications for a new Back 2 Business Grant Program today. More information will be available on the Village website and social media and the DCEO’s website. Flyers and information will be available at the Village Hall.

• There was another incident of vandalism at Colbert Park over this past weekend. Staff has filed the appropriate documents and is working with the Sheriff. In the meantime, Sheriff’s Deputies will be increasing patrols to have more presence in the park.

• President Brown thanked the 17 Firefighters who quickly responded to a call for service on Arbours Drive.

5. PUBLIC COMMENT

There was none

6. DISCUSSION ITEMS

a. Staff Report Fire Report b. Staff Report Parks and Recreation Department c. Staff Report Treasurer’s Report

Acting Fire Chief Sam Smith said that July was a busy month with 30 calls and 23 thus far in August. He notified the Board that he will be on vacation for a week or so starting August 30th and Acting Assistant Fire Chief Richard Kesler will be assuming those responsibilities. No follow-up questions. Parks and Recreation Director Nick McDuffee presented a summary of his written report and highlighted the following: summer camp just concluded; Saturdays in the Park were a success; pavilion rentals are up; and recreation center usage continues to increase. McDuffee addressed questions from Trustees about the number of kids served during the summer months, rentals, and future programming. Village Treasurer Dennis Donaldson provided a written report and addressed questions from the board about some of the line items in the warrants payable section.

7. CONSENT ITEMS

There were none.

8. ACTION ITEMS

a. Resolution 2021-R-30: A Resolution Approving a Traffic Signal Maintenance Agreement with The Illinois Department of Transportation

The purpose for the resolution was to approve the agreement for a 10-year term that provides reimbursement for IDOT’s share of costs associated with routine maintenance activities, the cost of electrical power to operate the traffic signals, and damage from traffic crashes or other damaging events. Trustee Vavrik moved to approve Resolution 2021-R-30 as presented. Seconded by Trustee Mangian and carried by roll call vote as follows:

https://www2.illinois.gov/dceo/SmallBizAssistance/Pages/B2B.aspx

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Ayes: Kanfer, Mangian, Niccum, Vavrik, Shonkwiler, and Young Nays: None Abstentions: None

b. Resolution 2021-R-31: A Resolution for Maintenance Under the Illinois Highway Code.

The purpose for the resolution was to authorize the expenditure of $ 372,897.40 from the Village’s Motor Fuel Tax Account. These funds would be used for a mixture of sidewalk maintenance. Trustee Vavrik moved to approve Resolution 2021-R-31 as presented. Seconded by Trustee Young and carried by roll call vote as follows: Ayes: Kanfer, Mangian, Niccum, Vavrik, Shonkwiler, and Young Nays: None Abstentions: None

• President Brown noted a change to the agenda switching the order of items 9 and 10.

9. BOARD OF TRUSTEES REMARKS

Trustee Niccum asked about Illinois Department of Transportation resurfacing project on Route 45 and a status on the American Rescue Plan Funds (ARPA). Trustee Mangian addressed safety issues with Public Works Director White about concerns voiced by residents at the intersection of Arbours/Galen. Staff addressed questions.

10. NEW BUSINESS Trustee Mangian brought forth the desire to change the noise ordinance to address evening construction noises. She suggested using Rantoul or Urbana ordinance language. Discussion ensued. After discussion, Village Administrator Christopher Walton addressed questions from the Board and said that staff would provide an information only memo with a draft ordinance. After feedback from the Board, staff would bring it to the Board for final approval.

11. ADJOURNMENT

There being no further business to come before the Board of Trustees meeting, President Brown adjourned the meeting at 7:34 pm. Wendy M. Hundley Village Clerk This meeting was recorded. Minutes Approved:

https://www.facebook.com/Savoy.IL/videos/312724977205119

VILLAGE OF SAVOY CHAMPAIGN COUNTY, ILLINOIS

ORDINANCE 2021-O-14

AN ORDINANCE AMENDING TITLE 3, CHAPTER 3.16 OF THE SAVOY MUNICIPAL CODE TO AMEND MUNICIPAL RETAILERS AND SERVICE TAXES

Passed by the Board of Trustees and Approved by the President of the

Village of Savoy, Illinois On September 1, 2021

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Savoy, Champaign County, Illinois, this 1st day of September 2021.

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ORDINANCE 2021-O-14

AN ORDINANCE AMENDING TITLE 3, CHAPTER 3.16 OF THE SAVOY MUNICIPAL CODE TO AMEND MUNICIPAL RETAILERS AND SERVICE TAXES

WHEREAS, the Village of Savoy (hereinafter referred to as “Village”) is a duly organized

Illinois home rule municipal corporation and body politic with the authority to enact legislation for the benefit of its residents; and

WHEREAS, the Village has ascertained that it has a need for revenue that serves to help

pay for public improvements, maintenance, and services; and WHEREAS, the Village is empowered with authority to impose home rule taxes in

accordance with and subject to the provisions of Section 8-11-1 and 8-11-5, respectively, of the Illinois Municipal Code (65 ILCS 5/8-11-1 and 5/8-11-5); and

WHEREAS, the Village has determined it appropriate and necessary to impose the within

taxes. NOW, THEREFORE, BE IT ORDAINED by the President and Village Board of Trustees

of the Village of Savoy, Illinois as follows:

Section 1. Title 3, Chapter 3.16 of the Savoy Municipal Code is hereby deleted in its entirety and replaced with the following to be effective for the collection of taxes commencing January 1, 2022 with the existing tax to remain in place until that time:

“Chapter 3.16 – Home Rule Municipal Retailers’ Occupation Tax and Home Rule Municipal Service Occupation Tax

3.16.010 – Home Rule Municipal Retailer's and Service Occupation Tax; imposition; rate.

A. A tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail in this municipality at the rate of one and one-half percent (1.50%) of the gross receipts from such sales made in the course of such business while this Ordinance is in effect.

B. A tax is hereby imposed upon all persons engaged in this municipality in the business of making sales of service, at the rate of one and one-half percent (1.50%) of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service but with no tax to be imposed on the services provided.

3.16.020 – Home Rule Municipal Retailer's and Service Occupation Tax; exemption.

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A. This “Home Rule Municipal Retailers’ Occupation Tax” and this “Home Rule Municipal Service Occupation Tax” may not be imposed on tangible personal property taxed at the rate of 1.0% under the Retailers' Occupation Tax Act and the Service Occupation Tax Act.

3.16.030 – Illinois Department of Revenue to Administer and Enforce.

A. The taxes hereby imposed, and all civil penalties that may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this Ordinance.”

Section 2. This Ordinance is enacted pursuant to the home rule authority granted to this

Village by the Constitution of the State of Illinois and Illinois Compiled Statutes. Section 3. The Village Clerk is hereby directed to file a certified copy of this Ordinance

with the Illinois Department of Revenue on or before October 1, 2021. Section 4. The Village Administrator, Village Treasurer and/or all other Village employees

are authorized and directed to carry out the provisions of the within ordinance. Section 5. This Ordinance shall take effect on the first day of January next following the

adoption and filing of this Ordinance with the Department of Revenue, if filed on or before the preceding October 1st.

Section 6. The headings for the articles, sections, paragraphs, and sub-paragraphs of this

Ordinance are inserted solely for the convenience of reference and form no substantive part of this Ordinance nor should they be used in any interpretation or construction of any substantive provisions of this Ordinance.

Section 7. All ordinances and resolutions, or parts thereof, in conflict with the provisions

of this Ordinance are, to the extent of the conflict, expressly repealed on the effective date of this Ordinance.

Presented, Passed, and Approved this 1st day of September 2021. John P. Brown Village President

ATTEST: Wendy M. Hundley Village Clerk

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VOTING ON ORDINANCE 2021-O-14

Aye Nay Larry Kanfer, Trustee __________ ___________ Heather Mangian, Trustee __________ ___________ Jan Carter Niccum, Trustee __________ ___________ Dee Shonkwiler, Trustee __________ ___________ Bill Vavrik, Trustee __________ ___________ Joshua Young, Trustee __________ ___________ John P. Brown, President __________ ___________


ORDINANCE 2021-O-15

AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.32, ARTICLE I OF THE SAVOY MUNICIPAL CODE TO AMEND NONVEHICULAR NOISE


Village of Savoy, Illinois on September 1, 2021

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Savoy, Champaign County, Illinois, this 1st day of September, 2021.

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ORDINANCE 2021-O-15

AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.32, ARTICLE I OF THE SAVOY MUNICIPAL CODE TO AMEND NONVEHICULAR NOISE

WHEREAS, the Village of Savoy, Champaign County, State of Illinois (the “Village”) is a home rule municipality which, pursuant to Chapter 7 Article 6 of the Illinois Constitution, has the authority to regulate for the protection of public health and safety; and

WHEREAS, it is necessary for the protection of the health, safety, and welfare of residents that the Village establish, and amend from time-to-time, and enforce reasonable and clear regulations that limit excessive noise; and

WHEREAS, it is in the best interest of the Village to amend Title 8 Chapter 8.32 Article I “Nonvehicular noise” of the Village Municipal Code.

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF SAVOY, CHAMPAIGN COUNTY, ILLINOIS AS FOLLOWS:

Section 1. The President and Board of Trustees of the Village hereby find that all of the recitals hereinbefore stated as contained in the preambles of this Ordinance are full, true and correct and does hereby, by reference, incorporate and make them part of this Ordinance.

Section 2. Title 8, Chapter 8.32 Article I of the Savoy Municipal Code is hereby amended to read, in entirety, as follows:

Chapter 8.32 - NOISE

Article I - Nonvehicular Noise.

8.32.010 - Definitions.

The following words, terms, and phrases, when used in this article, shall have the following meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. “Ambient Noise” means the surrounding or steady background noise, as distinguished fromthe specific noise regulated by this article.

B. "Boundary line" means:

1. In the case of a residential unit, the boundary line shall be the perimeter of such unit.Residential unit shall be that area under the exclusive use or control of the owner oroccupant.

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2. In the case of publicly owned property, the boundary line shall be the perimeter of thepublicly owned property or right-of-way.

3. In all other cases, the boundary line shall be the perimeter of the lot.

C. "Commercial" means a use of the property for purposes other than residential.

D. "Construction" means on-site erection, fabrication, installation, alteration, repair, remodeling,demolition or removal of any structure, facility, or addition thereto, including all relatedactivities, including, but not restricted to, clearing of land, earth-moving, excavation, drilling,blasting, and landscaping.

E. “Noise” means any sound which annoys or disturbs humans or is unwanted or which causes ortends to cause an adverse psychological effect on human beings.

F. “Noise disturbance” means any sound which endangers or injures the health of humans ordisturbs a reasonable person of normal sensitivities.

G. “Power equipment” means any mechanically powered saw, sander, drill, grinder, nail gun, lawnmower, lawn or garden tool, leaf blower, or similar tool. Powered equipment does not includesnow removal equipment.

H. "Residential" means a legal use of property for temporary or permanent dwelling purposes.

I. “Sound amplification devices” means any device utilizing electric current that amplifies amusical instrument, tuner, phonograph record, magnet tape, digital or electronicallysynthesized sound, or the human voice.

(Ord. 991103A Art. I § 1)

8.32.020 - Applicability.

A. This section is intended to ensure residents are protected from excessive noise and noisedisturbances generated by nonvehicular sources within the Village, and to protect potentiallysensitive land uses, like residences, schools, or churches, from loud and raucous sounds.

B. The following standards shall apply to all zoning districts, excluding agricultural and industrialdistricts.

C. The provisions of this article shall apply to all sources of noise except:

1. Motor vehicles, as defined in the Illinois Vehicle Code (Illinois Compiled Statutes, Chapter625, Section 5/1-217), in operation on a public right-of-way. Reference is made to 625ILCS 5/12-611 of the Illinois Compiled Statutes, a statute prohibiting certain noise(s) byor in motor vehicles;

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2. Aircraft in flight;3. Railroad equipment in operation on railroad right-of-way;4. Grain elevator;5. Farm equipment and implements;6. Emergency Vehicles or warning and anti-theft devices; and7. Bells, carillons, or bell towers used by churches, universities, municipalities, or schools.

D.Noise levels shall be measured in A-weighted decibels (dBA) and shall apply between the hoursof ten p.m. and seven a.m. unless otherwise stated in this article.

E.Noise shall be measured from the boundary line as defined in 8.32.010.

F. The measurement period shall be for any one (1) hour period during the hours of the use’soperation.

(Ord. 991103A Art. I § 2)

8.32.030 - Specific prohibitions.

A. The following noise causing or noise disturbance causing activities are prohibited:

1. Construction between eight p.m. and seven a.m.;2. The operation of power tools or power equipment between the hours of eight p.m. and

seven a.m.;3. The operation of any bell, siren, whistle or similar device.4. The operation or use of any sound amplification devices in commercial areas after ten p.m.

and before seven a.m., or the use or operation of sound amplification devices that producessound which is clearly audible at the boundary line of any residential unit, and clearlyaudible at any one location for an unreasonable length of time;

5. Any noise disturbance created by an animal.6. Noise exceeding 45dBA at the property line of any residential lot and after the hours of ten

p.m.

(Editorially amended during 2003 codification; Ord. 991103A Art. I § 3)

8.32.040 - Exemptions.

A. The following activities are exempted from the prohibitions set out in Section 8.32.030:

1. The use of snow removal equipment or construction equipment required for the removalof debris from inclement weather or a natural emergency.

2. Emergency work necessary to restore property to a safe condition following a fire, accidentor natural disaster, to restore public utilities, or to protect persons or property from animminent danger;

3. Sound made to alert persons to the existence of any emergency, danger or attempted crime;

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4. Parades, concerts, festivals, fairs, or other such activities which are open to the generalpublic and operated or conducted in accordance with other applicable ordinances. Blockparties shall not be considered open to the general public and are not exempt from the noiseprohibitions;

5. Athletic, musical, or cultural activities or events, including practices and rehearsals,conducted by or under the auspices of governmental units or educational institutions; and

6. A single musical instrument without amplification may be used between seven a.m. andten p.m. for reasonable lengths of time.

(Ord. 991103A Art. I § 4)

8.32.050 - Presumption of accountability and enforcement.

A. The occupant of the property or residential unit, or the agent of the occupant on which agenerally or specifically prohibited activity takes place shall be presumed to have permittedthe activity to occur.

C. The occupant of the property or residential unit, or the agent of the occupant who shall permitanother person to create a noise or conduct an activity in violation of this article shall bedeemed responsible for the noise or activity to the same extent as the person creating the noiseor conducting the activity and shall be subject to the same punishment.

D. Activities prohibited by §08.32.030, are declared to be a public nuisance and subject to theabatement procedures and fines described in Title 8 Chapter 8.16 of this Code.

(Ord. 991103A Art. I § 5)

8.32.060 - Waiver

A. The Village Administrator may temporarily waiver or alter the time limits contained in Section8.32.030 if:

1. The Village or another governmental entity is engaged in a construction project;2. The public interest will be served by the increased number of hours during which

construction might take place; and3. The impact upon residential units will be slight when compared to the public benefit of

completing the construction expeditiously.

B. The Village Administrator shall, at the inception or during any construction projects conductedby the Village or other governmental entity, make a written determination that each of theabove factors is present and shall forward such determination to the Village Board of Trusteesprior to the commencement of construction during hours other than as provided for in Section8.32.030.

C. The Director of Public Works shall take steps to notify persons that are or may be affected bythe Village Administrator’s determination prior to the commencement of construction.

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Section 3. All code provisions, ordinances, resolutions, and orders, or part thereof, in conflict herewith, are to the extent of such conflict hereby superseded and all others shall remain in full force and effect. This Ordinance shall be published in pamphlet form as provided by law.

Section 4. This Ordinance shall be in full force and effect ten days from and after its passage, approval, and publication in pamphlet form as provided by law.

Presented, Passed, and Approved this 1st day of September 2021.

______________________________ John P. Brown Village President

ATTEST:

______________________________ Wendy M. Hundley Village Clerk

VOTING ON ORDINANCE 2021-O-15

Aye Nay

Larry Kanfer, Trustee __________ ___________

Heather Mangian, Trustee __________ ___________

Jan Carter Niccum, Trustee __________ ___________

Dee Shonkwiler, Trustee __________ ___________

Bill Vavrik, Trustee __________ ___________

John P. Brown, President __________ ___________

DRAFT

Formatted ...

Chapter 8.32 - NOISE

Sections:

Article I - Nonvehicular Noise

.

8.32.010 - Definitions.

The following words, terms, and phrases, when used in this chapterarticle, shall have the following

meanings ascribed to them in this section, except where the context clearly indicates a different

meaning:

A. “Ambient Noise” means the surrounding or steady background noise, as distinguished from

the specific noise regulated by this article.

B. "Boundary line" means:

1. In the case of a residential unit, the boundary line shall be the perimeter of such

unit. Residential unit shall be that area under the exclusive use or control of the owner or

occupant.

2. In the case of publicly owned property, the boundary line shall be the perimeter of

the publicly owned property or right-of-way.

3. In all other cases, the boundary line shall be the perimeter of the lot.

C. "Commercial" means a use of the property for purposes other than residential.

D. "Construction" means on-site erection, fabrication, installation, alteration, repair, remodeling,

demolition or removal of any structure, facility, or addition thereto, including all related

activities, including, but not restricted to, clearing of land, earth-moving, excavation, drilling,

blasting and landscaping.

E. “Noise” means any sound which annoys or disturbs humans or is unwanted or which causes or

tends to cause an adverse psychological effect on human beings.

F. “Noise disturbance” means any sound which endangers or injures the health of humans or

disturbs a reasonable person of normal sensitivities.

G. “Power equipment” means any mechanically powered saw, sander, drill, grinder, nail gun, lawn

mower, lawn or garden tool, leaf blower, or similar tool. Powered equipment does not include

snow removal equipment.

H. "Residential" means a legal use of property for temporary or permanent dwelling purposes.

I. “Sound amplification devices” means any device utilizing electric current that amplifies a

musical instrument, tuner, phonograph record, magnet tape, digital or electronically

synthesized sound, or the human voice.

(Ord. 991103A Art. I § 1)

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8.32.020 - Applicability.

A. This section is intended to ensure residents are protected from excessive noise and noise

disturbances generated by nonvehicular sources within the Village, and to protect potentially

sensitive land uses, like residences, schools, or churches, from loud and raucous sounds.

B. The following standards shall apply to all zoning districts, excluding agricultural and industrial

districts.

C. The provisions of this article shall apply to all sources of soundnoise except:

A. 1. Motor vehicles, as defined in the Illinois Vehicle Code (Illinois Compiled Statutes,

Chapter 625, Section 5/1-217), in operation on a public right-of-way. Reference is made to

625 ILCS 5/12-611 of the Illinois Compiled Statutes, a statute prohibiting certain noise(s)

by or in motor vehicles; B. 2. Aircraft in flight;

C. 3. Railroad equipment in operation on railroad right-of-way;

D. 4. Grain elevator;

E. 5. Farm equipment and implements.;

6. Emergency Vehicles or warning and anti-theft devices; and

7. Bells, carillons, or bell towers used by churches, universities, municipalities, or schools.

D. Noise levels shall be measured in A-weighted decibels (dBA) and shall apply between the hours

of ten p.m. and seven a.m. unless otherwise stated in this article.

E. Noise shall be measured from the boundary line as defined in 8.32.010.

F. The measurement period shall be for any one (1) hour period during the hours of the use’s

operation.

(Ord. 991103A Art. I § 2)

8.32.030 - Specific prohibitions. No person shall conduct any of the following activities if any such activity produces clearly audible

sound beyond the boundary line of the property or residential unit on which the activity is conducted, which is declared to be a public nuisance:

A. A. The following noise causing or noise disturbance causing activities are prohibited:

1. Construction between teneight p.m. and seven a.m.;

B. 2. The operation of power tools or power equipment, except that such tools or

equipment may be used between the hours of seven a.m. and teneight p.m. for reasonable

lengths of time;and seven a.m.;

C. 3. The operation of any bell, siren, whistle or similar device, except that amplified or unamplified bells or chimes may be used for noncommercial purposes for reasonable lengths of

time; .

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D. Except as specified in subsection C of this section, the4. The operation or use of any

sound amplification device, except that sound amplification devices may be used devices in

commercial areas between the hours of seven a.m. and after ten p.m. if the sound produced by

such device is notand before seven a.m., or the use or operation of sound amplification

devices that produces sound which is clearly audible at the boundary line of any residential

unit, and not clearly audible at any one location for an unreasonable length of time;

E. The use of any musical instrument, except that a single musical instrument without amplification

may be used between seven a.m. and ten p.m. for reasonable lengths of time; 5.

F. Any noise disturbance created by an animal.

6. Noise exceeding 45dBA at the property line of any residential lot and after the hours of ten

p.m.

(Editorially amended during 2003 codification; Ord. 991103A Art. I § 3)

8.32.040 - Exemptions.

A. The following activities are exempted from the prohibitions set out in Section 8.32.030:

1. A. The use of snow removal equipment or construction equipment required for the

removal of debris from inclement weather or a natural emergency.

2. Emergency work necessary to restore property to a safe condition following a fire, accident

or natural disaster, to restore public utilities, or to protect persons or property from an

imminent danger;

B. 3. Sound made to alert persons to the existence of any emergency, danger or attempted

crime;

C. 4. Parades, concerts, festivals, fairs, or other such activities which are open to the

general public and operated or conducted in accordance with other applicable ordinances.

Block parties shall not be considered open to the general public and are not exempt from

the noise prohibitions;

D. 5. Athletic, musical, or cultural activities or events, including practices and rehearsals,

conducted by or under the auspices of governmental units or educational institutions. ; and

6. A single musical instrument without amplification may be used between seven a.m. and

ten p.m. for reasonable lengths of time.

(Ord. 991103A Art. I § 4)

8.32.050 - Presumption of accountability. and enforcement.

A. The occupant of the property or residential unit, or the agent of the occupant on which a

generally or specifically prohibited activity takes place shall be presumed to have permitted

the activity to occur. B.

B. The occupant of the property or residential unit, or the agent of the occupant who shall permit

another person to create a noise or conduct an activity in violation of this article shall be











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deemed responsible for the noise or activity to the same extent as the person creating the noise

or conducting the activity and shall be subject to the same punishment.

C. Activities prohibited by §08.32.030, are declared to be a public nuisance and subject to the

abatement procedures and fines described in Title 8 Chapter 8.16 of this Code.

(Ord. 991103A Art. I § 5)

8.32.060 - Waiver.

A. The village managerVillage Administrator may temporarily waiver or alter the time limits

contained in Section 8.32.030 if: 1. The villageVillage or another governmental entity is engaged in a construction

project;

2. The public interest will be served by the increased number of hours during which

construction might take place; and

3. The impact upon residential units will be slight when compared to the public benefit

of completing the construction expeditiously.

B. The village managerVillage Administrator shall, at the inception or during any construction

projects conducted by the villageVillage or other governmental entity, make a written

determination that each of the above factors is present and shall forward such determination to

the village boardVillage Board of trusteesTrustees prior to the commencement of construction

during hours other than as provided for in Section 8.32.030.

C. The directorDirector of public worksPublic Works shall take steps to notify persons that are or

may be affected by the village manager'sVillage Administrator’s determination prior to the

commencement of construction.

(Ord. 991103A Art. I § 6)


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Report to the Board of Trustees

Page 1 of 2

August 27, 2021 From: Katie Simpson, Community and Economic Development Director

In re: Approval an Accessory Structure Building Permit for 709 N. Dunlap Avenue

Key Points

• The Community and Economic Development Department received a building permit application forthe construction of an accessory structure at 709 N. Dunlap Avenue.

• The Village’s Zoning Code requires all accessory structure permit applications to be reviewed by thePlanning Commission and approved by the Board of Trustees.

• The Planning Commission reviewed the permit application for 709 N. Dunlap Avenue on August 23,2021 and recommended that the Board of Trustees approve the permit application.

• The Commission’s recommendation is consistent with staff’s recommendation.

Recommended Action(s)

• Staff recommends approval of Resolution 2021-R-32.

Background

A. General Information. The Community and Economic Development Department received a buildingpermit application, submitted by Charles Patel, for the construction of an accessory structure at 709N. Dunlap Avenue. The applicant would like to build a 16-foot by 12-foot hexagonal-shaped, woodengazebo. 709 N. Dunlap Avenue is located in a C-1 General Commercial District and is improved with ahotel and pool. Title 17, Chapter 26, Section 17.26.010 of the Village’s Municipal Code requires thePlanning Commission to review and recommend approval or denial of all accessory structure permitapplications within the Village’s nonresidential zoning districts. The proposed accessory structure isintended to provide shade to hotel guests and would enhance the hotel’s recreational amenities. Theproposed structure would be located twenty feet east of the existing pool.

On August 23, 2021, the Planning Commission reviewed the requested accessory structure building permit application. No one spoke in favor of the application, and no one spoke against the application. The Planning Commission found the application to comply with all necessary codes and ordinances, and unanimously recommended approving the permit.

Recommendation(s)

1. Planning Commission recommends that the Board of Trustees approve the requested building permitapplication for an accessory structure at 709 N. Dunlap Avenue.

Report to the Board of Trustees

Page 2 of 2

Budget Impact Board approval of this Resolution will direct staff to issue the requested permit and collect the required permit fees. Staffing Impact Community and Economic Development Department staffing should not be impacted by Board approval of this Resolution. Approving the Resolution will allow staff to issue the requested permit. Signatures Katie Simpson Community and Economic Development Director


RESOLUTION 2021-R-32

A RESOLUTION APPROVING A BUILDING PERMIT APPLICATION FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE FOR 709 N. DUNLAP AVENUE


Village of Savoy, Illinois on September 1, 2021.

Published in pamphlet form by authority of the President and Board of Trustees of the Village of

Savoy, Champaign County, Illinois, this 1st day of September, 2021.

2


A RESOLUTION APPROVING A BUILDING PERMIT APPLICATION FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE FOR 709 N. DUNLAP AVENUE

WHEREAS, the Village of Savoy (hereinafter referred to as “Village”) is a duly organized Illinois home rule municipal corporation and body politic with the authority to enact legislation for the benefit of its residents; and

WHEREAS, the Village received a building permit application (hereinafter referred to as “application” and attached hereto as Exhibit “A”) for the construction of a 16-foot by 12-foot gazebo, an accessory structure, at 709 N. Dunlap Avenue; and

WHEREAS, pursuant to Title 17, Chapter 17.12, Section 17.12.090C of the Village’s

Municipal Code, the Planning Commission reviewed the application on August 23, 2021, and found the application to be sufficient and in compliance with all necessary codes and ordinances; and

WHEREAS, the Planning Commission unanimously recommends the Board of Trustees

approve this building permit application. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND THE BOARD

OF TRUSTEES OF THE VILLAGE OF SAVOY, ILLINOIS AS FOLLOWS: Section 1. The above recitals are incorporated herein by this reference as if specifically

stated in full. Section 2. The accessory structure building permit application attached hereto as Exhibit

“A” and by reference incorporated herein, for 709 N. Dunlap Avenue, is hereby approved and staff are hereby directed to issue the building permit; and

Section 3. This Resolution shall be in full force and effect upon passage and approval, as

provided by the Illinois Municipal Code, as amended.

3

RESOLUTION 2021-R-32 APPROVED: John P. Brown Village President ATTEST: Wendy M. Hundley Village Clerk

VOTING ON RESOLUTION 2021-R-32




A RESOLUTION APPROVING A CABLE FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF SAVOY AND COMCAST OF ILLINOIS/ INDIANA/ OHIO, LLC




2


A RESOLUTION APPROVING A CABLE FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF SAVOY AND COMCAST OF ILLINOIS/ INDIANA/ OHIO, LLC



WHEREAS, Comcast of Illinois/Indiana/Ohio LLC (hereinafter referred to as “Comcast”)

provides cable television services to the Village; and WHEREAS, The Village President and the Board of Trustees, having determined that the

financial, legal, and technical abilities of Comcast are reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable-related needs of the community, desires to enter into this Franchise Agreement with Comcast for the construction, operation and maintenance of a Cable System on the terms and conditions set forth in the franchise agreement attached to this Resolution.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF SAVOY, ILLINOIS AS FOLLOWS:

Section 1. The above recitals are incorporated herein by this reference as if specifically

stated in full. Section 2. That the franchise agreement between the Village and Comcast, attached hereto

and hereby incorporated by reference, be and the same is hereby authorized and approved. Section 3. The Village President and Village Administrator are hereby authorized and

directed to execute said agreement and are authorized to amend its terms, as they deem necessary and appropriate to benefit the Village, as well as to execute and amend any other document, or documents, necessary and appropriate to effectuate this Resolution and the license agreement; and

Section 4. The Village Administrator is hereby further directed to send a copy of this

Resolution and franchise agreement to Comcast at their address on file with the Village; and Section 5. The provisions of this Resolution shall take precedence and be interpreted as

superseding any other resolution in conflict with the provisions of this Resolution.

3

RESOLUTION 2021-R-33 APPROVED: John P. Brown Village President ATTEST: Wendy M. Hundley Village Clerk VOTING ON RESOLUTION 2021-R-33


Resolution 2021-R-33

CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN

The VILLAGE OF SAVOY, ILLINOIS

And COMCAST OF ILLINOIS/ INDIANA/ OHIO, LLC

This Franchise Agreement (hereinafter, the “Agreement” or “Franchise Agreement”) is made between the Village of Savoy, Illinois (hereinafter, the “Village”) and Comcast of Illinois/ Indiana/ Ohio, LLC, (hereinafter, “Grantee”) this____ day of _________, ______ (the “Effective Date”).

The Village, having determined that the financial, legal, and technical abilities of the Grantee are reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable-related needs of the community, desires to enter into this Franchise Agreement with the Grantee for the construction, operation and maintenance of a Cable System on the terms and conditions set forth herein.

This Agreement is entered into by and between the parties under the authority of and shall be governed by the Cable Act, and the Illinois Municipal Code, as amended from time to time; provided that any provisions of the Illinois Municipal Code that are inconsistent with the Cable Act shall be deemed to be preempted and superseded.

SECTION 1: Definition of Terms

For the purpose of this Franchise Agreement, capitalized terms, phrases, words, and abbreviations shall have the meanings ascribed to them in the Cable Act, unless otherwise defined herein.

1) "Cable Act" or "Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, 47 U.S.C. §§ 521 et seq., as the same may be amended from time to time.

2) “Cable Operator” means any Person or group of Persons who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System; or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System.

3) "Cable Service" or “Service” means the one-way transmission to Subscribers of Video

Programming or Other Programming Service and Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service.

4) “Cable System” or “System,” has the meaning set forth in 47 U.S.C. § 522 of the Cable Act,

and means Grantee's facilities, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within the Franchise Area, but such term does not include (i) a facility that serves only to re-transmit the

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television signals of one or more television broadcast stations; (ii) a facility that serves Subscribers without using any public right-of-way, (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such a facility shall be considered a Cable System (other than for purposes of section 621(c) of the Cable Act) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide Interactive On-Demand Services; (iv) an open video system that complies with section 653 of the Cable Act; or (v) any facilities of any electric utility used solely for operating its electric utility systems.

5) “Channel” or “Cable Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as a television channel is defined by the Federal Communications Commission by regulation.

6) “Customer” or “Subscriber” means a Person who lawfully receives and pays for Cable

Service with the Grantee’s express permission. 7) “FCC” means the Federal Communications Commission or successor governmental entity

thereto. 8) “Franchise” means the initial authorization, or renewal thereof, issued by the Village,

whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, ordinance or otherwise, which authorizes the construction or operation of the Cable System.

9) “Franchise Agreement” or “Agreement” shall mean this Agreement and any amendments or

modifications hereto. 10) “Franchise Area” means the present legal boundaries of the Village as of the Effective Date,

and shall also include any additions thereto, by annexation or other legal means as provided in this Agreement.

11) “Grantee” shall mean Comcast of Illinois/ Indiana/ Ohio, LLC. 12) “Gross Revenue” means the Cable Service revenue received by the Grantee from the

operation of the Cable System in the Franchise Area to provide Cable Services, calculated in accordance with generally accepted accounting principles. Cable Service revenue includes monthly Basic Cable Service, cable programming service regardless of Service Tier, premium and pay-per-view video fees, advertising and home shopping revenue, installation fees and equipment rental fees. Gross revenues shall also include such other revenue sources from Cable Service delivered over the Cable System as may now exist or hereafter develop, provided that such revenues, fees, receipts, or charges may be lawfully included in the gross revenue base for purposes of computing the Village’s permissible franchise fee under the Cable Act, as amended from time to time. Gross Revenue shall not include refundable deposits, bad debt, investment income, programming launch support payments, third party advertising sales commissions and agency fees, nor any taxes, fees or assessments imposed

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or assessed by any governmental authority. Gross Revenues shall include amounts collected from Subscribers for Franchise Fees pursuant to City of Dallas, Texas v. F.C.C., 118 F.3d 393 (5th Cir. 1997), and amounts collected from non-Subscriber revenues in accordance with the Court of Appeals decision resolving the case commonly known as the “Pasadena Decision,” City of Pasadena, California et. al., Petitions for Declaratory Ruling on Franchise Fee Pass Through Issues, CSR 5282-R, Memorandum Opinion and Order, 16 FCC Rcd. 18192 (2001), and In re: Texas Coalition of Cities for Utility Issues v. F.C.C., 324 F.3d 802 (5th Cir. 2003).

13) “Initial Franchise Service Area” means that portion of the Franchise Area served by the Grantee’s Cable System as of the Effective Date of this Franchise Agreement.

14) “Public, Educational and Governmental (PEG) Access Channel” shall mean a video Channel

designated for non-commercial use by the Village, the public, and/or educational institutions such as public or private schools, but not “home schools,” community colleges, and universities.

15) “Public, Educational and Government (PEG) Access Programming” shall mean non-

commercial programming produced by any Village residents or organizations, schools and government entities and the use of designated facilities, equipment and/or Channels of the Cable System in accordance with 47 U.S.C. 531 and this Agreement.

16) “Person” means any natural person or any association, firm, partnership, joint venture,

corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not mean the Village.

17) “Public Way” shall mean, pursuant and in addition to the Village’s Right of Way Ordinance

Title 12, the surface of, and the space above and below, any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including, but not limited to, public utility easements and other easements dedicated for compatible uses, now or hereafter held by the Village in the Franchise Area, to the extent that the Village has the right and authority to authorize, regulate, or permit the location of facilities other than those of the Village. Public Way shall not include any real or personal Village property that is not specifically described in this definition and shall not include Village buildings, fixtures, and other structures and improvements, regardless of whether they are situated in the Public Way.

18) “Standard Installation” means those installations to Subscribers that are located up to one

hundred twenty-five (125) feet from the existing distribution system (Cable System). 19) “Village” means the Village of Savoy, Illinois or the lawful successor, transferee, designee,

or assignee thereof. 20) “Video Programming” or “Programming” means programming provided by, or generally

considered comparable to programming provided by, a television broadcast station.

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SECTION 2: Grant of Authority

2.1. 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, and Resolution 2021-R-33 approving and authorizing the execution of this Agreement, the Village hereby grants to the Grantee a nonexclusive Franchise authorizing 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.

2.2. Term of Franchise. The term of the Franchise granted hereunder shall be five (5) years from the Effective Date, unless the Franchise is renewed or is lawfully terminated in accordance with the terms of this Franchise Agreement and/or applicable law. From and after the Effective Date of this Franchise Agreement, the Parties acknowledge that this Franchise Agreement is intended to be the sole and exclusive Franchise Agreement between the Parties pertaining to the Grantee’s Franchise for the provision of Cable Service.

2.3. Renewal. Any renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, as amended, and any applicable State law which may exist at the time of renewal, and which is not superseded by the Cable Act.

2.4. Police Powers. Nothing in this Franchise Agreement shall be construed as an abrogation by the Village of any of its police powers to adopt and enforce generally applicable ordinances deemed necessary for the health, safety, and welfare of the public, and the Grantee shall comply with all generally applicable laws and ordinances enacted by the Village pursuant to such police power.

2.5. Reservation of Authority. Nothing in this Franchise Agreement shall (A) abrogate the right of the Village to perform any public works or public improvements of any description, (B) be construed as a waiver of any codes or ordinances of general applicability promulgated by the Village, or (C) be construed as a waiver or release of the rights of the Village in and to the Public Ways.

2.6. Competitive Equity.

2.6.1. In the event the Village grants an additional Franchise to use and occupy any Public Way for the purposes of operating a Cable System, the additional Franchise shall only be granted in accordance with the Illinois Level Playing Field Statute, 65 ILCS 5/11-42-11.

2.6.2. In the event an application for a new cable television franchise or other similar authorization is filed with the Village proposing to serve the Franchise Area, in whole or in part, the Village shall to the extent permitted by law promptly notify the Grantee, or require the Grantee to be notified, and include a copy of such application.

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2.6.3. Provided that appropriate vehicle safety markings have been deployed, Grantee’s vehicles shall be exempt from parking restrictions of the Village while used in the course of installation, repair and maintenance work on the Cable System. SECTION 3: Construction and Maintenance of the Cable System

3.1. Except as may be otherwise provided in this Franchise Agreement, Grantee shall

comply with all generally applicable provisions of Title 12, entitled “Streets, Sidewalks, Public Places,” of the municipal code of the Village of Savoy as may be amended from time to time.

3.2. Aerial and Underground Construction. At the time of Cable System construction, if

all of the transmission and distribution facilities of all of the respective public or municipal utilities in any area of the Franchise Area are underground, the Grantee shall place its Cable Systems’ transmission and distribution facilities underground, provided that such underground locations are actually capable of accommodating the Grantee’s cable and other equipment without technical degradation of the Cable System’s signal quality. In any region(s) of the Franchise Area where the transmission or distribution facilities of the respective public or municipal utilities are both aerial and underground, the Grantee shall have the discretion to construct, operate, and maintain all of its transmission and distribution facilities or any part thereof, aerially or underground. Nothing in this Section shall be construed to require the Grantee to construct, operate, or maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment.

3.3. Undergrounding and Beautification Projects.

3.3.1. In the event the Village requires users of the Public Way who operate

aerial facilities to relocate such aerial facilities underground, Grantee shall participate in the planning for relocation of its aerial facilities, if any, contemporaneously with such users. Grantee shall be reimbursed its relocation costs from public or private funds allocated for the project to the same extent as such funds are made available to other users of the Public Way, if any, provided that any utility’s exercise of authority granted under its tariff to charge consumers for the said utility’s cost of the project that are not reimbursed by the Village shall not be considered to be public or private funds.

3.3.2. The Grantee shall not be required to relocate its facilities unless it has

been afforded at least sixty (60) days notice of the necessity to relocate its facilities. Upon adequate notice the Grantee shall provide a written estimate of the cost associated with the work necessary to relocate its facilities. In instances where a third party is seeking the relocation of the Grantee’s facilities or where the Grantee is entitled to reimbursement pursuant to the preceding Section, the Grantee shall not be required to perform the relocation work until it has received payment for the relocation work.

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SECTION 4: Service Obligations 4.1. Initial Service Obligations. As of the Effective Date of this Agreement, Grantee’s Cable System has been designed to provide, and is capable of providing, Cable Service to residential Customers throughout the Initial Franchise Service Area. The Grantee shall continue to make Cable Service available in the Initial Service Area throughout the term of this Agreement and Grantee shall extend its Cable System and provide service consistent with the provisions of this Franchise Agreement. 4.2. General Service Obligation. The Grantee shall make Cable Service available beyond the Initial Franchise Service Area to every residential dwelling unit within the Franchise Area where the minimum density is at least thirty (30) dwelling units per linear Cable System network mile as measured from the existing Cable System’s technically feasible connection point. Subject to the density requirement, Grantee shall offer Cable Service to all new homes or previously unserved homes located within one hundred twenty-five (125) feet of the Grantee’s distribution cable (e.g., a Standard Installation).

4.2.1. The Grantee may elect to provide Cable Service to areas not meeting the

above density and distance standards. The Grantee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop or line extension in excess of a Standard Installation. Any such additional charge shall be computed on a time plus materials basis plus a reasonable rate of return.

4.3. Programming. The Grantee agrees to provide cable programming services in the

following broad categories: Children General Entertainment Family Oriented Ethnic/Minority Sports Weather Educational Arts, Culture and Performing Arts News & Information

Pursuant and subject to federal law, all Video Programming decisions are at the sole discretion of the Grantee.

4.4. Technical Standards. The Grantee shall comply with all applicable technical

standards of the FCC as published in 47 C.F.R., Part 76, Subpart K, as amended from time to time. The Grantee shall cooperate with the Village in conducting inspections related to these standards upon reasonable prior written request from the Village based on a significant number of Subscriber complaints.

4.5. Annexations and New/Planned Developments. In cases of annexation the Village

shall provide the Grantee written notice of such annexation. In cases of new construction, planned developments or property development where undergrounding or extension of the Cable System is required, the Village shall provide or cause the developer or property owner to provide notice of the same. Such notices shall be provided at the time of notice to all utilities or other like occupants of the Village’s Public Way. If advance notice of such annexation, new construction, planned development or property development is not provided, the Grantee shall be allowed an

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adequate time to prepare, plan and provide a detailed report as to the timeframe for it to construct its facilities and provide the services required under this Franchise Agreement.

4.6. Service to School Buildings and Governmental Facilities.

4.6.1. The Village may request that Grantee provide Cable Service and the corresponding equipment to the location(s) specified in Attachment A, and shall specify the requested level of services and number of outlets for each location. The Village shall notify Grantee in writing whether it wishes to be invoiced at standard rates as disclosed by Grantee for these services and equipment or to have the charges deducted from the franchise fee payment due pursuant to this franchise. In the event the FCC Third 621 Order is reversed on appeal on the issue of complimentary services (pending at the 6th Circuit at the time of this Agreement) and that reversal becomes final, the Village and the Grantee will revert to the provisions of 220 ILCS 5/22-501(f), whereby the Grantee shall provide complimentary Basic Cable Service, one Digital Transport Adapter (or its current equivalent if equipment is necessary to receive the service) and a free Standard Installation at one outlet to all eligible buildings as defined in the state statute. Eligible buildings shall not include buildings leased to non-governmental third parties or buildings such as storage facilities at which government employees are not regularly stationed.

4.6.2. Long Drops. The Grantee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop or line extension in excess of a Standard Installation. Any such additional charge shall be computed on a time plus materials basis to be calculated on that portion of the installation that exceeds a Standard Installation.

4.7. Emergency Alerts. At all times during the term of this Franchise Agreement, the

Grantee shall provide and maintain an “Emergency Alert System” (“EAS”) consistent with applicable Federal law and regulation – including 47 C.F.R., Part 11 and the “State of Illinois Emergency Alert System State Plan” – as may be amended from time to time. Should the Village become qualified and authorized to activate the EAS, the Grantee shall provide instructions on the access and use of the EAS by the Village to the Village on an annual basis. The Village agrees to indemnify and hold the Grantee harmless from any damages or penalties arising out of the negligence of the Village, its employees or agents in using such system.

4.8. Customer Service Obligations. The Village and Grantee acknowledge that the

customer service standards and customer privacy protections are set forth in the Cable and Video Customer Protection Law, 220 ILCS 5/22-501 et seq., and enforcement of such requirements and standards and the penalties for non-compliance with such standards shall be consistent with the Cable and Video Customer Protection Law, 220 ILCS 5/22-501 et seq.

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SECTION 5: Oversight and Regulation by Village 5.1. Franchise Fees. The Grantee shall pay to the Village a Franchise Fee in an

amount equal to five percent (5%) of annual Gross Revenues received from the operation of the Cable System to provide Cable Service in the Franchise Area; provided, however, that Grantee shall not be compelled to pay any higher percentage of fees than any other video service provider, under state authorization or otherwise, providing service in the Franchise Area. The payment of Franchise Fees shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each calendar quarter. If mailed, the Franchise Fee shall be considered paid on the date it is postmarked. Each Franchise Fee payment shall be accompanied by a report prepared by a representative of the Grantee showing the basis for the computation of the franchise fees paid during that period. Any undisputed Franchise Fee payment which remains unpaid in whole or in part, after the date specified herein shall be delinquent. For any delinquent Franchise Fee payments, Grantee shall make such payments including interest at the prime lending rate as quoted by JP Morgan Chase & Company or its successor, computed from time due until paid. Any undisputed overpayments made by the Grantee to the Village shall be credited upon discovery of such overpayment until such time when the full value of such credit has been applied to the Franchise Fee liability otherwise accruing under this Section.

5.1.1. The Parties acknowledge that, at present, the Cable Act limits the Village

to collection of a maximum permissible Franchise Fee of five percent (5%) of Gross Revenues. In the event that a change in the Cable Act would allow the Village to increase the Franchise Fee above five percent (5%), and the Village actually proposes to increase the Franchise Fee in exercise of such authority, the Village may amend the Franchise Fee percentage. Following the determination to increase the Franchise Fee and enactment of an ordinance enabling the same, the Village shall notify the Grantee of its intent to collect the increased Franchise Fee, and Grantee shall have a reasonable time (not to be less than ninety (90) days from receipt of notice from the City) to effectuate any changes necessary to begin the collection of such increased Franchise Fee. In the event that the Village increases said Franchise Fee, the Grantee shall notify its Subscribers of the Village’s decision to increase said fee prior to the implementation of the collection of said fee from Subscribers as required by law.

5.1.2. In the event a change in state or federal law requires the Village to reduce

the franchise fee percentage that may be collected, the parties agree the Grantee shall reduce the percentage of franchise fees collected to the lower of: i) the maximum permissible franchise fee percentage; or ii) the lowest franchise fee percentage paid by any other Cable Operator granted a Cable Franchise by the Village pursuant to the Cable Act, and Section 11-42-11 of the Illinois Municipal/Counties Code; provided that: (a) such amendment is in compliance with the change in state or federal law; (b) the Village approves the amendment by ordinance; and (c) the Village notifies Grantee at least ninety (90) days prior to the effective date of such an amendment.

5.1.3. Taxes Not Included. The Grantee acknowledges and agrees that the term

“Franchise Fee” does not include any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and Cable Operators on their services but not including a tax, fee, or assessment which is unduly discriminatory against Cable Operators or Cable Subscribers).

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5.2. Franchise Fees Subject to Audit. The Village and Grantee acknowledge that the audit standards are set forth in the Illinois Municipal Code at 65 ILCS 5/11-42-11.05 (Municipal Franchise Fee Review; Requests For Information). Any audit shall be conducted in accordance with generally applicable auditing standards.

5.2.1 In accordance with 65 ILCS 5/11-42-11.05 (k), the Village shall provide on an annual basis, a complete list of addresses within the corporate limits of the Village. If an address is not included in the list or if no list is provided, the Grantee shall be held harmless for any franchise fee underpayments (including penalty and interest) from situsing errors.

5.3. Proprietary Information. Notwithstanding anything to the contrary set forth in

this Agreement, the Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature, with the exception of the information directly related to an audit of Franchise Fees as set forth in Section 5.2. The Village agrees to treat any information disclosed by the Grantee as confidential and only to disclose it to those employees, representatives, and agents of the Village that have a need to know in order to enforce this Franchise Agreement and who agree to maintain the confidentiality of all such information. For purposes of this Section, the terms “proprietary or confidential” include, but are not limited to, information relating to the Cable System design, customer lists, marketing plans, financial information unrelated to the calculation of Franchise Fees or rates pursuant to FCC rules, or other information that is reasonably determined by the Grantee to be competitively sensitive. Grantee may make proprietary or confidential information available for inspection but not copying or removal by the Franchise Authority’s representative. In the event that the Village has in its possession and receives a request under the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.), or similar law for the disclosure of information the Grantee has designated as confidential, trade secret or proprietary, the Village shall notify Grantee of such request and cooperate with Grantee in opposing such request. Grantee shall indemnify and defend the Village from and against any claims arising from the Village’s opposition to disclosure of any information Grantee designates as proprietary or confidential. Compliance by the Village with an opinion or directive from the Illinois Public Access Counselor or the Illinois Attorney General under the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq., or with a decision or order of a court with jurisdiction over the Village, shall not be a violation of this Section.

SECTION 6: Transfer of Cable System or Franchise or Control of Grantee

6.1. Neither the Grantee nor any other Person may transfer the Cable System or the Franchise without the prior written consent of the Village, which consent shall not be unreasonably withheld or delayed.

6.2. No transfer of control of the Grantee, defined as an acquisition of fifty-one

percent (51%) or greater ownership interest in Grantee, shall take place without the prior written consent of the Village, which consent shall not be unreasonably withheld or delayed.

6.3. No consent shall be required, however, for (i) a transfer in trust, by mortgage,

hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or

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in the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Comcast Corporation.

6.4. The Grantee, and any proposed transferee under this Section 6, shall submit a

written application to the Village containing or accompanied by such information as is required in accordance with applicable law and FCC regulations, specifically including a completed Form 394 or its successor, and in compliance with the processes established for transfers under FCC rules and regulations, including Section 617 of the Cable Act, 47 U.S.C. §537. Within thirty (30) days after receiving a request for consent, the Village shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the additional information, if any, it requires to determine the legal, financial and technical qualifications of the transferee or new controlling party. If the Village has not taken final action on the Grantee’s request for consent within one hundred twenty (120) days after receiving such request, consent shall be deemed granted. As a condition to granting of any consent, the Village may require the transferee to agree in writing to assume the obligations of the Grantee under this Franchise Agreement.

6.5. Any transfer of control resulting from or after the appointment of a receiver or

receivers or trustee or trustees, however denominated, designated to take over and conduct the business of the grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of a one hundred twenty (120) day period, shall be treated as a transfer of control pursuant to 47 U.S.C. §537 and require the Village’s consent thereto in the manner described in Section 6 above.

SECTION 7: Insurance and Indemnity

7.1. Insurance. Throughout the term of this Franchise Agreement, the Grantee shall,

at its own cost and expense, maintain such insurance and provide the Village certificates of insurance in accordance with Title 12 of the Savoy Municipal Code, as amended from time to time.

7.2. Indemnification. The Grantee shall indemnify, defend and hold harmless the

Village, its officers, employees, and agents (the “Indemnitees”) from and against any injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney’s fees and costs of suit or defense (the “Indemnification Events”), arising in the course of the Grantee constructing and operating its Cable System within the Village. The Grantee’s obligation with respect to the Indemnitees shall apply to Indemnification Events which may occur during the term of this Agreement, provided that the claim or action is initiated within the applicable statute of limitations, notwithstanding that the claim may be made or action filed subsequent to the termination or expiration of this Agreement. The Village shall give the Grantee timely written notice of its obligation to indemnify and defend the Village after the Village’s receipt of a claim or action pursuant to this Section. For purposes of this Section, the word “timely” shall mean within a time period that does not cause prejudice to the respective positions of the Grantee and/or the Village. If the Village elects in its own discretion to employ additional counsel, the costs for such additional counsel for the Village shall be the responsibility of the Village.

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7.2.1. The Grantee shall not indemnify the Village for any liabilities, damages, costs or expense resulting from any conduct for which the Village, its officers, employees and agents may be liable under the laws of the State of Illinois.

7.2.2. Nothing herein shall be construed to limit the Grantee’s duty to indemnify

the Village by reference to the limits of insurance coverage described in this Agreement.

SECTION 8: Public, Educational and Governmental (PEG) Access 8.1. PEG Capacity. The Grantee shall provide capacity for the Village’s noncommercial public, educational and governmental (“PEG”) programming through Grantee’s Cable System consistent with the requirements set forth herein. As of the Effective Date of this Agreement, the Village utilizes no PEG Channel. The Grantee shall provide the Village with one (1) PEG Channel upon 180 days prior written request of the Village. The Grantee agrees to submit a cost estimate to activate the PEG Access Channel within a reasonable period of time after the Village’s request. The Village may accept or decline Grantee’s cost estimate in the Village’s sole discretion. After an agreement to reimburse the Grantee the costs of activating the PEG Access Channel, the Grantee shall proceed to active the PEG Access Channel within the number of days set forth above. If no agreement is reached between Grantee and Village, Grantee is not obligated to activate the PEG Access Channel. Unless otherwise agreed to by the Village and the Grantee to the extent required by applicable law, the PEG Access Channel shall be carried on the Grantee’s basic digital service tier. The Village’s PEG Access Programming shall be provided consistent with Section 611 of the Cable Act, as amended from time to time. 8.1.2. Grantee Use of Unused Time. Because the Village and Grantee agree that a blank or underutilized PEG Access Channel is not in the public interest, in the event the Village does not completely program the PEG Access Channel, the Grantee may utilize the PEG Access Channel for its own purposes. Grantee may program unused time on the PEG Access Channel subject to reclamation by the Village upon no less than one hundred twenty (120) days’ notice. Except as otherwise provided herein, the programming of the PEG Access Channel with text messaging or playback of previously aired programming shall not constitute unused time. Text messaging containing out of date or expired information for a period of thirty (30) days shall be considered unused time. A programming schedule that contains playback of previously aired programming that has not been updated for a period of ninety (90) days shall be considered unused time. Unused time shall be considered to be a period of time, in excess of six (6) hours, where no community programming of any kind can be viewed on a PEG Access Channel. Unused time shall not include periods of time where programming cannot be viewed that are caused by technical difficulties, transition of broadcast media, signal testing, replacement or repair of equipment, or installation or relocation of facilities. 8.2. Rules and Procedures for Use of PEG Access Channel. The Village shall be responsible for establishing and enforcing rules for the non-commercial use of PEG Access Channel and to promote the use and viewership of the PEG Channel in accordance with 47 U.S.C. § 531(d).

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8.3. PEG Signal Quality. Provided PEG signal feeds are delivered by the Village to the designated signal input point without material degradation, the PEG Access Channel delivery system from the designated signal input point shall meet the same FCC technical standards as the remainder of the Cable System set forth in this Agreement. 8.4. Allocation and Use of PEG Channel. 8.4.1. By Village. The Grantee does not relinquish its ownership of or ultimate right of control over a channel by designating it for PEG use. However, the PEG Access Channel is, and shall be, operated by the Village and/or its designee, and the Village may at any time allocate or reallocate the usage of the PEG Access Channel among and between different uses and users. The Village shall be responsible for the editorial control of the Video Programming on the PEG Access Channel except to the extent permitted in 47 U.S.C. § 531(e). 8.4.2. By Grantee. The Village shall adopt rules and procedures under which the Grantee may use the PEG Access Channel for the provision of Video Programming if the PEG Access Channel is not being used for its intended purposes pursuant to Section 611(d) of the Cable Act, 47 U.S.C. §531. 8.5. Origination Point. 8.5.1. Initial Establishment. In order for the Village to operate the PEG Access Channel as provided in Section 8.1 of this Agreement, the Village will establish an origination point at Village Hall, and the Grantee will construct a connection from said origination point to the Grantee’s Cable System that will allow the Village to operate the PEG Access Channel from the origination point. The Village or its designee shall be responsible for playback of the Village’s PEG Access Programming. The Village shall be responsible for the costs to acquire and install the origination point and connection to the Cable System; provided the connection shall be owned and maintained by the Grantee. Comcast agrees to submit a cost estimate to implement the Village’s origination point within a reasonable period of time following the Village’s request to operate the PEG Access Channel as provided for in Section 8.1 above. After an agreement to reimburse Comcast for its expenditure, Comcast will implement any necessary system changes within a reasonable period of time as agreed by the parties. The parties agree the proceeds of the PEG Capital Fee as set forth in Section 8.6 may be used by the Village to pay those expenses. 8.5.2. Future Origination Points. At such time that the Village determines that it wants the capacity to allow Subscribers in the Village to receive Public, Educational and/or Governmental Access Programming (video and character generated) which may originate from schools, Village facilities and/or other government facilities (other than the signal point of origination discussed in Paragraph 8.5.1 of this Agreement); or at such time that the Village determines that it wants to establish or change a location from which Public, Educational and/or Governmental Access Programming is originated; or in the event the Village wants to upgrade the connection to Comcast from an existing signal point of origination, the Village will give Comcast written notice detailing the point of origination and the capability sought by the Village. Comcast agrees to submit a cost estimate to implement the Village’s plan within a reasonable

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period of time. After an agreement to reimburse Comcast for its expenditure, Comcast will implement any necessary system changes within a reasonable period of time. SECTION 9: Enforcement of Franchise

9.1. Notice of Violation or Default. In the event the Village believes that the Grantee has not complied with a material term of the Franchise, it shall notify the Grantee in writing with specific details regarding the exact nature of the alleged noncompliance or default.

9.2. Grantee’s Right to Cure or Respond. The Grantee shall have thirty (30) days

from the receipt of the Village’s written notice: (A) to respond to the Village, contesting the assertion of noncompliance or default; or (B) to cure such default; or (C) in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the Village of the steps being taken and the projected date that the cure will be completed.

9.3. Enforcement. Subject to applicable federal and state law, and following notice

and an opportunity to cure and respond pursuant to the provisions of Section 9.2, in the event the Village determines that the Grantee is in default of any material provision of the Franchise, the Village may:

9.3.1. seek specific performance of any provision that reasonably lends itself to such remedy or seek other relief available at law, including declaratory or injunctive relief; or 9.3.2. in the case of a substantial or frequent default of a material provision of the Franchise, declare the Franchise Agreement to be revoked in accordance with the following:

(i) The Village shall give written notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee. The notice shall set forth with specificity the exact nature of the noncompliance. The Grantee shall have ninety (90) days from the receipt of such notice to object in writing and to state its reasons for such objection. In the event the Village has not received a response from the Grantee or upon receipt of the response does not agree with the Grantee’s proposed remedy or in the event that the Grantee has not taken action to cure the default, it may then seek termination of the Franchise at a public hearing. The Village shall cause to be served upon the Grantee, at least ten (10) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to request termination of the Franchise.

(ii) At the designated hearing, the Village shall give the Grantee an

opportunity to state its position on the matter, present evidence and question witnesses, after which the Village shall determine whether or not the Franchise shall be terminated. The public hearing shall be on the record. A copy of the transcript shall be made available to the Grantee at

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its sole expense. The decision of the Village shall be in writing and shall be delivered to the Grantee in a manner authorized by Section 9.2. The Grantee may appeal such determination to any court with jurisdiction within thirty (30) days after receipt of the Village’s decision.

9.4. Remedies Not Exclusive. In addition to the remedies set forth in this Section 8,

the Grantee acknowledges the Village’s ability pursuant to Section 4.8 of this Franchise Agreement to enforce the requirements and standards, and the penalties for non-compliance with such standards, consistent with the Illinois Cable and Video Customer Protection Law. Notwithstanding the foregoing, nothing in this Agreement shall be interpreted to permit the Village to exercise such rights and remedies in a manner that permits duplicative recovery from, or payments by, the Grantee. Such remedies may be exercised from time to time and as often and in such order as may be deemed expedient by the Village.

SECTION 10: Miscellaneous Provisions

10.1. Force Majeure. The Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility service necessary to operate the Cable System, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the Grantee’s ability to anticipate or control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on which the Grantee’s cable or equipment is attached, as well as unavailability of materials or qualified labor to perform the work necessary. Non-compliance or default shall be corrected within a reasonable amount of time after force majeure has ceased.

10.2. Notice. Any notification that requires a response or action from a party to this

franchise within a specific timeframe, or that would trigger a timeline that would affect one or both parties’ rights under this franchise, shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows:

To the Village: To the Grantee: Village of Savoy Comcast of Illinois/ Indiana/ Ohio, LLC 611 N. Dunlap Avenue 1500 McConnor Parkway Savoy, Illinois 61874 Schaumburg, Illinois 60173 ATTN: Village Administrator ATTN: Sr. Director of Government Affairs

Recognizing the widespread usage and acceptance of electronic forms of communication, emails and faxes will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price

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adjustment communications. Such communication should be addressed and directed to the person of record as specified above. Either party may change its address and addressee for notice by notice to the other party under this Section.

10.3. Entire Agreement. This Franchise Agreement embodies the entire understanding and agreement of the Village and the Grantee with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and communications, whether written or oral. Except for ordinances adopted pursuant to Sections 2.4 and 2.5 of this Agreement, all ordinances or parts of ordinances related to the provision of Cable Service that are in conflict with or otherwise impose obligations different from the provisions of this Franchise Agreement are superseded by this Franchise Agreement.

10.3.1. The Village may adopt a cable television/video service provider regulatory

ordinance that complies with applicable law, provided the provisions of any such ordinance adopted subsequent to the Effective Date of this Franchise Agreement shall not apply to the Grantee during the term of this Franchise Agreement.

10.4. Severability. If any section, subsection, sentence, clause, phrase, or other portion

of this Franchise Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. If any material provision of this Agreement is made or found to be unenforceable by such a binding and final decision, either party may notify the other in writing that the Franchise has been materially altered by the change and of the election to begin negotiations to amend the Franchise in a manner consistent with said proceeding or enactment; provided, however, that any such negotiated modification shall be competitively neutral, and the parties shall be given sufficient time to implement any changes necessitated by the agreed-upon modification.

10.5. Governing Law. This Franchise Agreement shall be deemed to be executed in the

State of Illinois, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Illinois and/or Federal law, as applicable.

10.6. Venue. Except as to any matter within the jurisdiction of the federal courts or the

FCC, all judicial actions relating to any interpretation, enforcement, dispute resolution or any other aspect of this Agreement shall be brought in the Circuit Court of the State of Illinois, Champaign County, Illinois. Any matter brought pursuant to the jurisdiction of the federal court shall be brought in the United States District Court of the Northern District of Illinois.

10.7. Modification. Except as provided in Sections 5.1.1 and 5.1.2, no provision of this

Franchise Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the Village and the Grantee, which amendment shall be authorized on behalf of the Village through the adoption of an appropriate ordinance or resolution by the Village, as required by applicable law.

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10.8. No Third-Party Beneficiaries. Nothing in this Franchise Agreement is intended to confer third-party beneficiary status on any person, individual, corporation or member of the public to enforce the terms of this Franchise Agreement.

10.9. No Waiver of Rights. Nothing in this Franchise Agreement shall be construed as a waiver of any rights, substantive or procedural, Grantee may have under Federal or state law unless such waiver is expressly stated herein.

10.10. Validity of Franchise Agreement. The parties acknowledge and agree in good faith on the validity of the provisions, terms and conditions of this Franchise Agreement, in their entirety, and that the Parties have the power and authority to enter into the provisions, terms, and conditions of this Agreement.

10.11. Authority to Sign Agreement. Grantee warrants to the Village that it is authorized to execute, deliver and perform this Franchise Agreement. The individual signing this Franchise Agreement on behalf of the Grantee warrants to the Village that they are authorized to execute this Franchise Agreement in the name of the Grantee.

IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duly authorized representatives of the parties as set forth below, as of the date set forth below:

For the Village of Savoy: For Comcast of Illinois/ Indiana/ Ohio, LLC:


By: __________________________ By: ____________________________

Name: _______________________ Name: ________________________

Title: ________________________ Title: __________________________

Date: ________________________ Date: ___________________________


Attachment A

1. Village of Savoy – Robert C. McCleary Municipal Center, 611 N. Dunlap Avenue,Savoy, Illinois 61874

2. Village of Savoy – Fire Department, 106 W. Tomaras Avenue, Savoy, Illinois 61874



A RESOLUTION APPROVING THE VILLAGE BOARD OF TRUSTEES ATTENDANCE AT THE 2021 ILLINOIS MUNICIPAL LEAGUE ANNUAL CONFERENCE




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A RESOLUTION APPROVING THE VILLAGE BOARD OF TRUSTEES ATTENDANCE AT THE 2021 ILLINOIS MUNICIPAL LEAGUE ANNUAL CONFERENCE



WHEREAS, the Village President and the Board of Trustees find it appropriate for the

Village President and members of the Board of Trustees to attend the 2021 IML Annual Conference in Chicago, Illinois from September 23 – September 25, 2021; and

WHEREAS, pursuant to Title 2, Chapter 2.48, Section 2.48.060 of the Village Code,

standards by which eligible expenses may be submitted for reimbursement are established; and WHEREAS, pursuant to Title 2, Chapter 2.48, Section 2.48.060(F)(4) of the Village Code,

attendance of conferences by the Village President or members of the Board of Trustees must be approved by the Board of Trustees.

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND THE BOARD OF

TRUSTEES OF THE VILLAGE OF SAVOY, ILLINOIS AS FOLLOWS: Section 1. The above recitals are incorporated herein by this reference as if specifically

stated in full. Section 2. The Village President and the Board of Trustees hereby approve the Village

President and members of the Board of Trustees to attend the 2021 IML Annual Conference in Chicago, Illinois from September 23 – September 25, 2021.

Section 3. Per Title 2, Chapter 2.48, Section 2.48.070 of the Village Code, “Before any

reimbursement for travel, meals or lodging may be approved pursuant to Section 2.48.060 above, a standardized form for submission of such expenses shall first be submitted to the appropriate village official. This form shall include, at a minimum, the name and title of the requestor, a cost estimate of expenses not yet incurred or a receipt if expenses have been incurred, and the date or dates and the nature of the official business wherein the expenses were or will be incurred.”

Section 4. This Resolution shall be in full force and effect upon passage and approval, as

provided by the Illinois Municipal Code, as amended.

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RESOLUTION 2021-R-34 APPROVED: John P. Brown Village President ATTEST: Wendy M. Hundley Village Clerk VOTING ON RESOLUTION 2021-R-34


Board of Trustees Regular Meeting Agenda

Documents

Transcript of Board of Trustees Regular Meeting Agenda