HomeMy WebLinkAboutORDINANCES-1985-121-O-8510/23/85
121-0-85
AN ORDINANCE
i Authorizing.the City Manager to Execute
Amendments to the Cable Franchise Agreement
• WHEREAS, by Ordinance 85-0-81, the City of Evanston,
Illinois (the "City"), granted to Cablevision of'Chicago, an
Illinois limited partnership ("Franchisee"), a non-exclusive
franchise to construct, operate and maintain a cable
communications system within the City (the "Franchise"); and
WHEREAS, on July 9, 1985, the Cable Communications
Commission of the City ( the "Commission") established an Ad, Hoc
Committee to enter into discussions with the Franchisee with
•r.
respect to the Franchisee's comprehensive request for waivers .
{+a;: of certain provisions of the Franchise; and
WHEREAS, in July and August 1985, authorized
representatives of the Ad Hoc Committee and the Franchisee
entered into discussions to evaluate the terms and conditions
•of the Franchise in view of the interests and requirements of
the City, the operating ability and needs of the Franchisee and
the development of the cable television industry to date; and
WHEREAS, on the basis of such discussions, the Ad Hoc.
Committee and the Franchisee developed a comprehensive package
of Franchise relief pursuant to which current Sections 28.a.8.
(LOCAL ORIGINATION AND ACCESS FUNDING); 28.a.9. (.LOCAL
ORIGINATION PROGRAMMING HOURS); 28.a.10. (CABLEVISION
CABLECAST OF CITY COUNCIL MEETINGS); 29.c..(STAFFING, EQUIPMENT
AND FACILITIES FOR INSTITUTIONAL PROGRAMMING): 30 (EQUIPMENT,
Mi-
FACILITIES AND TRAINING FOR LOCAL ORIGINATION AND ACCESS
ai
PRODUCTION): 31 (ACCESS CHANNEL REGULATIONS): 49 (INTERNSHIP
PROGRAM (for L.O. & Access)) and Exhibits 5 (PUBLIC ACCESS
',4
• CHANNEL USER RULES): 6 (JOB DESCRIPTIONS FOR LOCAL ORIGINATION
•
-AND ACCESS PERSONNEL): 8 (STUDIO FACILITIES); 9 (EQUIPMENT
LISTS); 10 (ACCESS PRODUCTION COURSE DESCRIPTION); and 12
(EVANSTON INTERNSHIP PROGRAMS FOR HIGH SCHOOL AND COLLEGE
121-0-85
STUDENTS (for L.O. & Access)) are deleted, current Sections
I.i25.d (ACTIVATION. OF SUBSCRIBER INTERACTIVE NETWORK); 25 and
29.a.3. (SYSTEM DESIGN AND CAPACITY INSTITUTIONAL NETWORK); 26
(AREA WIDE INTERCONNECTION); 28. (SERVICE TO SUBSCRIBERS -
1PROGRAMMING); 28.a.3. (LOCAL ORIGINATION PROGRAAM'IING CHANNEL);
28.a.5. (ACCESS CHANNELS); 28.a.6. (ALLOCATION AND USE OF
ACCESS CHANNELS); 28.a.11. (HOME HEALTH AND SECURITY SYSTEM);
43 (INITIAL RATES AND RATE CHANGE PROCEDURES); and 46
j(PENALTIES) are modified and new Section 30 (EVANSTON COMMUNITY
':TELEVISION CORPORATION) and new Exhibit 14 (ECTC - FUNDING AND
RESOURCES) are created ("Comprehensive Package"); and
WHEREAS, on September 10, 1985, the Ad Hoc Committee
submitted the Comprehensive Package and certain other items
relating to the Evanston Community Television Corporation
("ECTC") to the Commission, which Comprehensive Package was
unanimously and tentatively approved by the Commission subject
to the response at a public hearing; and
WHEREAS, on September 26, 1985, after notice, the`Ad
jHoc Committee conducted a full public hearing on the
Comprehensive Package and other items relating to the ECTC,
affording all persons an opportunity to be heard with respect
to such Comprehensive Package and items; and
WHEREAS, on October 15, 1985, the Ad Hoc Committee,
after full consideration, analysis and deliberation recommended
that the Commission approve the Comprehensive Package and cther
itemsrelating to the ECTC and submit such Comprehensive
Package and items to the City Council of the City of Evanston
for its approval, which recommendation was unanimously adopted
by the Commission; and
WHEREAS, the City Council of the City of Evanston
determined that it is in the best interests of the City to
1 adopt the Comprehensive Package and other items relating to the
ECTC;
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121-0-85
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the franchise agreement dated
September 11, 1981 by and between the
City of Evanston and Cablevision of Chicago, marked as Exhibit
A, attached hereto and incorporated herein by reference, is
hereby amended as set forth in "Amendments to Franchise
Agreement", marked as Exhibit B, attached hereto and
incorporated herein by reference. The City Manager of the City
of Evanston is hereby authorized to execute said "Amendments to
the Franchise Agreement" on behalf of said City and the
'Franchisee by its execution of said Franchise Agreement shall
be deemed to have accepted all of the terms and conditions of
this ordinance and of said Amendments to the Franchise
Agreement.
SECTION 2: That this ordinance is adopted'
pursuant to the home rule powers of the
City of Evanston as granted by the Illinois Constitution of..,.'
1970 and by the statutes of the State of Illinois. That,,if any
provisions of said franchise agreement amendments shall be
found to be unlawful or unconstitutional, said provisions shall
be deemed to be excised therefrom and all other conditions of
said agreement shall remain in full force and effect.
SECTION 3: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 4: This ordinance shall be in full force
and effect from and after its passage,
approval, and publication in.the manner provided by law.
Introduced: 1985.
Adopted: � 1985.
ATTEST:
J City Clerk
Approved as to form:
Appr d:�//-
/ , 1985.
Mayor
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CDrporat'6n Counsel
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