HomeMy WebLinkAboutORDINANCES-1986-097-O-868/20/86
•
• :.
AN ORDINANCE
Amending Title 2, Chapter 11 of the Evanston
City Code Pertaining to
Cable Communications Commission i
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Titlell, Chapter 2 of the
Evanston City Code, 1979, as amended is
! hereby -amended to read as follows:
Chapter 11
CABLE COMMUNICATIONS COMMISSION
SECTION:
2-11-1: Creation and Appointment
2--11-2: Terms of Office, Vacancies
2-11-3: Organization, Com-c.::nsation
2-11-4: Powers of Commission
2-11-5•: Funding
2-11-6: Automatic Termination Date
i
i 2-11-1: CREATION AND APPOINTMENT: There is hereby
created a Cable Communications Commission for
• j the City.. The -Cable Communicatio:).s Commission shall
consist of nin- (9) members until such tim:: as the number
of members shall be reduced through resignation,
conclusion of appointed term, or otherwise, to seven (7)
members. At such, time the Commission shall cons1s- of
seven (7) memh,ers; each such member to be a resident of
the City of Evanston appointed by the Mayor with the
i advice and consent of the City CounC:J-l. In the
I
appointment of said members, the Mayor and the City
Council shall give consideration to broad representation
based upon the City's demographics and established
ins':itutions. No person or emuloyee with ownership
interest in a cable corcimunications franchise granted by
the Citl% shall be eligible for membership on the
Commission. Each Commission member shall be at the time
of appointment or shall become within thirty (30) days
after appointment or the availability of cable service a
subscriber to a cable communicat:ions system holding a
franchise in the City.
The said Cable Communications Commission is hereby
empowered to adopt rules for its mestings and the
transaction of its business. It shall keep a written
record of.all its transactions, finding: and
determinations and keep all other records and minutes
necessary for the functioning of the Commission.
• 2-11-2: TERMS OF OFFICE: VACANCIES: All members of
M the Cable Communications Commi.�:sion shall serve
for three (3) year terms or until their successors a. -re
appointed and qualified; provided, however, that fo•ar (4)
-1-
membersshall be initially appointed for three (3) year
terms. Four (4) members shall be initially appointed fors
three (3) year terms. Four (4) members shall be initially
appointed for two (2) year terms and three (3) members
shall be initially appointed for one (1) year terms.
Further appointments thereafter will be staggered
appropriately to maintain a balance of overlapping terms.
• 2-11-3: ORGANIZATION, COMPENSATION: Immediately upon
its organization the Cable Communications
Commission shall select from its membership a chairman and
a vice chairman except that the chairman for the first
year shall be appointed by the Mayor with the advice and
consent of the Council. The persons so selected shall
serve for terms of one (1) year and may be re-elected to
said posts. The Commission shall meet at the call of the
Chairman and at such other times as may be provided by its
rules. The majority of members shall constitute a quorum,
provided that the majority vote of such quorum shall be
necessary for the adoption or approval of any matters
before the Commission. All meetings of the Cable
Communications Commission shall be public except for
matters which qualify for a closed session in accordance
with state law. The minutes of said Cable Communications
Commission shall be available for examination in the
office of the City Clerk during regular business hours.
The members of the Commission shall serve without
compensation.
2-11-4: POWERS OF COMMISSION: The Cable Communications
Commission shall have the following powers and
duties:
(A) To insure adherence to the provisions of any
franchise agreement approved by the City Council and
• to establish and promulgate regulations not
inconsistent with the terms of such franchise;
(B) To encourage,. develop and nurture, in cooperation
with the Evanston Community Television Corporation,
public access to cable communications;
(C) To oversee procedures for hearing and disposition of
complaints from subscribers;.
(D) To secure diversity of'programming and services to
subscribers;
(E) To assist the Evanston Community Television
Corporation in developing additional sources of
funding, including but not limited to private
foundation or federal or state grants to further
community programming;
(F) To provide for hearing and disposition of conflicts
between access users and the Evanston Community
Television Corporation, and between the franchisee
and ECTC;
(G) To seek to establish where feasible, community
involvement with committees. Said committees shall
provide information to the Commission on subjects
,such as institutional use of the cable system,
• program diversity and services, and franchise
evaluation and information on future applications.
(H) To conduct evaluations of the cable system and to
mpm
97-0-86
review and audit reports submitted to the City by a
franchise; i
(I) To advise the City Council on rate adjustment
requests;
(J) Report annually to the Council, in writing, giving a
comprehensive and current view of the cable
• communications in Evanston and recommending any
appropriate actions including amendments to the
ordinance or franchise agreement;
(K) To advise the City Council on future applications for
franchises;
(L) To annually review the operation and performance of
the Evanston Community Television Corporation;
(M) To acquaint itself with technological and service
developments in the cable communications industry and
determine with the franchisee what system
enhancements should be pursued in maximizing benefits
to be derived for the community.
2-11-5: FUNDING: Appropriations for funding of the
Commission's work by the City shall not exceed
the franchise fees paid to the City by cable
communications franchisees.
2-11-6: AUTOMATIC TERMINATION DATE: The Commission
shall terminate automatically three (3) years
from the effective date of this ordinance. However, the
City Council may by majority vote extend this Commission
for an additional period. Such extension shall be for two
(2) years and may be renewed thereafter.by a majority vote
• of the City Council. There shall be no limit to the
number of such extensions allowed. The City Clerk shall,
six (6) months prior to the automatic termination date for
this Commission, report said date to the Commission. At
the next regularly scheduled City Council meeting the City
Clerk shall report this date to the Council.
SECTION 2: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3: This ordinance shall be in full force
and effect from and after its passage,
approval, and publication in
Introduced:.25
Adopted:
ATTEST:
• City Clerk
Approved as to form:
the manner provided by law.
1986.
Appro d: )./. 7 ci/ ��`✓ , 1986.
Mayor
rporatioh ounsel
-3-
'ri t