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HomeMy WebLinkAboutOrdinances - MC-99-721 - 04/21/1999 - Ch 4 Alcoholic Beverages outside salesORDINANCE NO. MC 99- 719 2 An Ordinance authorizing execution of a Cable Television Franchise Agreement with TCI of Illinois, Inc., a Franchise to Own/Operate a Community Antenna Television System Within the City of McHenry, and Amend the Municipal Code, City of McHenry, Illinois to Add Chapter 29, Franchise Agreements. WHEREAS, Section 541 of Title 47 of the United States Code requires an operator to obtain a cable television franchise from the local franchise authority prior to operating a cable system; and WHEREAS, Section 11-42-I1 of the Illinois Municipal Code (65ILCS 5/11-42- 11) authorizes municipalities to license a franchise and tax the business of operating community antenna television systems; and WHEREAS, the City of McHenry (the "City") previously granted such a franchise to Community Cable Vision, Inc., (now known as TCI of Illinois, Inc.) ("TC:I") pursuant to Ordinance; and WHEREAS, the franchise granted to Community Cable Vision, Inc., expired by its own term on May 31, 1998; and WHEREAS, the City passed an Ordinance on October 21, 1998, temporarily extending the existing franchise with TCI Cable of Illinois, Inc; and WHEREAS, Section 546 of Title 47 of the United States Code authorizes and sets forth renewal procedures for the renewal of existing franchises; and WHEREAS, the City and TCI have negotiated in good faith to reach a new agreement (the "Agreement") for the provision of cable services pursuant to Section 546 (h) of Title 47 of the United Stated Code; and WHEREAS, the City has reviewed the past performance of TCI under the existing franchise agreement as well as the present and future needs of its residents, and TCI's ability to meet those needs for cable services; and WHEREAS, the City has afforded an opportunity for public comment with regard to the renewal of a franchise agreement with TCI pursuant to Section 546 (h) of Title 47 of the United States Code. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: Page 2 TCl/ordinance 4/14/99 SECTION 1: That the Mayor is hereby authorized and directed to execute, and the Clerk is authorized and directed to attest, duplicate original copies of the Agreement by and between the City of McHenry and TCI of Illinois, Inc., a copy of which is attached hereto and made a part hereof. SECTION 2: TCI of Illinois, Inc., is hereby granted a non-exclusive franchise to own, operate and maintain a cable system within the corporate limits of the City pursuant to the terms of the City of McHenry Cable Television Franchise Agreement attached hereto. SECTION 3: Notwithstanding any provision in the City of McHenry Cable Television Franchise Agreement, Grantee's rights thereunder are subject to the City's police power to adopt and enforce general ordinances and resolutions for the safety and welfare of the public and as such, Grantee shall comply with all applicable laws and ordinances enacted by the City pursuant to such power. Any conflict between the provisions of the City of McHenry Cable Television Franchise Agreement and any other current or future lawful exercise of the City's police powers shall be resolved in favor of the latter. SECTION 4: That the Municipal Code, City of McHenry, Illinois, shall be amended to add Chapter 29, Community Antenna Television Systems, attached hereto and made a part hereof. SECTION 5: Any remedies for violation of the terms of this ordinance shall be in accordance with the provisions of the Agreement. SECTION 6: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 7: All ordinances or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Page 3 TCl/ordinance 4/14/99 Passed and Approved this 14TH day of APRIL 1999. Voting Aye: BOLGER GLAB MCCLATCHEY MURGATROYD. _ Voting Nay: Not Voting: BAIRD. NONE. Abstained: NONE -- Absent: NONE. ATTT: Pamela J. Althoff, jCiClerk