HomeMy WebLinkAboutORDINANCES-1996-023-O-9602-14-96
• 03-07-96
03-20-96
04-02-96
04-04-96B
23-0-96 04-09�
AN ORDINANCE
Granting an Extension of Cable Franchise to
Continental Cablevision Acquisition of Northern Illinois, Inc.
WHEREAS, on September 1, 1981, pursuant to Ordinance 85-0-81, the City of
Evanston granted to Cablevision of Chicago a non-exclusive franchise to own, operate, and
maintain a cable communications system within the City of Evanston (the "Franchise"); and
WHEREAS, said Franchise is subject to the terms and conditions of a certain franchise
agreement dated September 11, 1985; and
WHEREAS, said Franchise has been amended by Ordinance 121-0-85, dated
• November 4, 1985; and
WHEREAS, pursuant to Resolution 55-R-95, the City of Evanston consented to an
Asset Purchase Agreement dated as of January 6, 1995, providing for the assignment of the
Franchise to Continental Cablevision Acquisition of Northern Illinois, Inc. ("Continental
Cablevision Acquisition's assumption of responsibility for all obligations that Cablevision of
Chicago had under the Franchise; and
WHEREAS, the City of Evanston does not expect to be able to complete review of
proposals submitted in response to RFP No. 95-118 prior to the expiration of the Franchise;
and
WHEREAS, the City of Evanston has determined that Continental Cablevision
• Acquisition should be permitted to continue to own, operate, and maintain its cable
communications system within the City of Evanston pursuant to the terms of the Franchise
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and of Resolution 55-R-95 for an additional six months (unless superseded earlier by a new
franchise) pending consideration of proposals submitted in response to RFP No. 95-118• •
P ,
WHEREAS, the City of Evanston is a home rule unit within the meaning of the Illinois
Constitution of 1970; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON:
SECTION 1: There is hereby granted to Continental Cablevision Acquisition an
extension of the nonexclusive Franchise under which is currently operating within the City
of Evanston.
SECTION 2: The Franchise extension herein granted shall be for a period of six (6)
'months through and including October 19, 1996, unless superseded earlier by a new
Franchise.
SECTION 3: The Franchise extension herein granted shall be subject to the terms •
and conditions of the current Franchise (as amended) with the following exception. The City
and Continental Cablevision agree that the obligations contained in Sections 30.2 of the
Franchise Evanston Community Television Corporation "Payments an Equipment", 30.4
"Facilities", and 30.5 "Additional support" shall be temporarily suspended during the
extension period. During such extension period, the City of Evanston and Continental Cable
vision will continue to negotiate in good faith to develop a funding plan for PEG access that
will not impact franchise fee payments to the City of Evanston.
Unless agreed otherwise as a result of those negotiations, the City of Evanston will
agree to waive any right it may have to require refunds of cable rates for the temporary
suspension period as a result of the temporary suspension of the obligations in Sections is
30.2, 30.4, and 30.5. The City Manager of the City of Evanston is hereby authorized to
0
execute a franchise extension agreement on behalf of the City; Continental Cablevision
• Acquisition by its execution of said franchise extension agreement, shall be deemed to have
accepted all the terms and conditions of the current Franchise (as amended); subject to the
above franchise language suspension agreement regarding any outstanding rate issues as
required by this ordinance; except that the City of Evanston and Continental Cablevision
preserve their respective rights under the Federal Cable Act as amended and the rules of the
Federal Communications Commission.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5: This ordinance shall be in full force and effect from and after its
passage, approval and publication in the manner provided by law.
Introduced: m "
Adopted:
I
ATT t
City Clerk
i
Ap r ved as to fT
Corporation Counsel
•
, 1996
1996
Approved: 1996
Mayor
3