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HomeMy WebLinkAboutOrd 3199 03/16/1982 RDINANCE NO. 3199 AN ORDINANCE AUTHORIZING MEMBERSHIP IN THE CABLENET INTERGOVERNMENTAL CABLE COUNCIL PASSED AND ~_OPROVED BY THE PRESIDENT AND BOARD OF TRUSTMF.~ THE 16th. DAY OF March , 1982 Published in pamphlet fonmby authority of the corporate authorities oft/ne Village of Mount Prospect, Illinois the 17th.day of March , A.D. 1982. /~iC]LEVEL 2 ORDINANCE NO. 3199 AN ORDINANCE AUTHORIZING MEMBERSHIP IN THE CABLENET INTERGOVERNMENTAL CABLE COUNCIL WHEREAS, the Northwest Municipal Conference is a corporate organization representative of municipaliti,es and townships chartered within the State of Illinois and the County of Cook; and WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois, and Chapter 127, paragraphs 741 through 748 of the Illinois Revised Statutes, authorize and encourage intergovernmental association and co-'operation; and WHEREAS, the public officials of the Northwest Municipal Conference representthirty local government bodies and a population of over 750,000 Illinois residents; and WHEREAS, the Village of Mount Prospect is authorized by Federal and State statutory rule for the franchise and regulation of cable television systems; and WHEREAS, the Village of Mount Prospect has awarded a cable television franchise to Cablenet, Inc.; and WHEREAS, the Village of Mount Prospect participated with other member municipalitites of the Northwest Municipal Conference in the request for franchise proposals, evaluation of applicants, selection of Cablenet, Inc. and negotiation of the enabling ordinance and franchise agreement; and WHEREAS, the Village of Mount Prospect recognizes that further coordination of the administration and enforcement of the franchise award to Cablenet, Inc. with other municipalities which have awarded a franchise to Cablenet, Inc. will result in the highest possible level of service at a reasonable cost; an WHEREAS, several municipalities have determined that they wish to create a Cablenet Intergovernmental Cable Council and a Intergovernmental Agreement for such a Cable Council has been drafted; and WHEREAS, the stated purposes, organizational structure and procedural structure contained within that Agreement represent a position shared by the Village of Mount Prospect; and WHEREAS, the corporate authorities of the Village of Mount Prospe find that it is in the best interest of its citizens that it become a member of the Cablenet Intergovernmental Cable Council. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to execute on behalf of the Village of Mount Prospect the Intergovernmental Agreement Of the Cablenet Intergovernmental Cable Council. The Village Clerk is hereby authorized to attest that execution. A copy of the Agreement is appended to and made a part of this Ordinance as Appendix I. SECTION TWO: The powers of the Cablenet Intergovernmental Cable Council, unless the Agreement be amended, shall be LEVEL 2 Page Two limited to those contained within Appendix I. SECTION THREE: The Commencement of the Cablenet Intergovernmental Cable Council and the obligation of this municipality to fully participate in such operation shall be effectuated in accordance with Article V of the Agreement. SECTION FOUR: The financial contribution of the municipality in the first year of the Cablenet Intergovernmental Cable Council shall be determined in accordance with Article IX of the Agreement, and shall be based upon the number of participating municipalities. SECTION FIVE: This Ordinance shall be in full force and effect- from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Arthur, Farley, Miller, Murauskis, Wattenberg NAYS: Ftoros ABSENT: None PASSED and APPROVED this 16th day of March , 1982. Vi 11 age~Pre'sident ATTEST: ~/il lage Clerk Level 2 Cablenet Intergovernmental Cable Council ZNDIX I ~v. 3/2/82 ARTICLE I: Purpose The purpose of this Agreement is to establish an organization to monitor the operation and activities of Cable Communications, to provide coordination of the administration and enforcement of the cable television franchises awarded to Cablenet, Inc. by the parties to this Agreement, to encourage use of the access channels and the Institutional Network among the widest possible range of institutions, groups and individuals, and to conduct such other activities authorized herein as may be necessary to insure equitable and reasonable rates and service levels for the citizens of the parties to this Agreement. ARTICLE II: Name The name of the organization is the Cablenet Intergovernmental Cable Council, hereinafter referred to as "CICC." ARTICLE III: Definitions For the purpose of this Agreement, the following words and phrases shall have the meanings given them: "Council" or "Board" - means the City Council Corporate Authorities. "Grantee" - means Cablenet, Inc. "Member" - means a municipality which enters into this Agreement. ARTICLE IV: Eligibility For Me~rshiE The municipalities which are eligible to become initial members of the organization are Arlington Heights, Bartlett, Des Plaines, Hanover Park, Mount Prospect, Park Ridge, Prospect Heights, Schaumburg, Streamwood, and Wheeling. Any municipality contiguous to any of these named munici- palities~and served by a cable communications system through Grantee, may be a member by approval of a majOrity of the then current members. ARTICLE V: Commencement Of The Council The Council shall commence its activities no later than ~ay 1, 1982. A party entering into this Agreement shall do so by duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the municipality shall file a duly executed copy of this Agreement, together with a certified copy.of the authorizing ordinance, with the Northwest Municipal Conference. RTICLE VII: 'On~anization Of The CounCil; BX'Laws' A® At the first meeting of the Council, and annually thereafter, the Council shall elect an Executive Committee from its representatiVes, consisting of a Chairman, Secretary, and Treasurer, and such other officers as may be required under the By-Laws created by the Council, At the organizational meeting or as soon thereafter as it reasonably may be done, the Council shall adopt By-Laws governing its procedures. By-laws shall be adopted by a majority vote of the entire membership of the Council and shall include provis~ions ~overning the following: , 1) Provisions for a minimum of quarterly re§ular meetings and speCial meetin§s~ 2) Provisons for minute's of all Council meetings to be mailed to all member municipalities; 2) Provisions for the selection of offiCers and duties and responsibilities of such officers; 4) Provisions for an annual report to ~e made to the member municipalities as to the Council's actions with respect to the administration of the cable television system~ ~' Provisions for the employment and compensation of staff or consultants necessary to carry out the responsibilities of the Council~ and providing for the delegation of such responsibilities to such individuals. 6) Such other provisions as the Council may determine necessary for the efficient administration of its responsibility. ARTICLE VI II: Powers and Duties Of The Council* The powers and duties of the Council shall include the powers set forth in this Article° It shall maintain and review all grantee records relating to the system, in accordance v~ith Article V, Section 2, of the Cable Communications Ordinance. It may require the preparation and filing of additional information deemed n~cessary. It shall mediate and attempt to resolve disagreements between the franchisee and p[~blic or private users of the systeTM and it shall determine possible violations of the franchise agree- ment or municipal ordinance and advise the municipalities of possi~ble avenues of recourse, including fines or penalties in accordance with Article VII, Section 12, of the Cable Communications Ordinance. -3- proposed budget shall be fo~}ulated by the Council and submitted to the member municipalities on or before March 1 of each calendar year. Such budget shall be deemed approved by a member unless, prior to April 1 of the year involved, the member §ives notice in writing to the Council that it is withdrawing. Final. action adopting a budget shall be taken by the Council on or before May I of each year. The total contribution from members provided for in the final budget shall be dete~nined according to the aforementioned formula to ar~ive at the reqL~?red contribution of each me,abet. Upon dissolution of the Council~ any funds remaining shall be returned to the members in proportion to the contributions to the Council in the current fiscal year. Any member may inspect and copy the Council books and records at any and all reasonable times° All books and records shall be kept in accordance with generally accepted accounting principles. The Council of Representatives may call for an annual audit of the financial affairs of CICC. This audit shall be prepared by a Certified Public Accountant in accordance with generally accepted auditing principles. ' ARTICLE X: Support Personnel The Council shall designate an agency or municipality to operate in the capacity of support personnel as may be deemed necessary hy the nature of this organization. If in the opinion of a majority of the member municipalities of the Council~ 'Further support or coordination assistance would become necessary, full or part-time personnel may be hired according to the policy of the Council° ARTICLE XI: Dissolution The Council shall continue until the occurrence of one of the following events: A.-~ May ~, 1985, unless a.majority of the members through the ~ affirmative resolution of their respective City Councils/ Boards of Trustees, indicate a desire to continue in the Council; B. The withdrawal of more than five (5) members. Withdrawals of a member at the end of any fiscal year may be accomplished by that members' filing a written notice thereof with the Secretary-Treasurer by April 1 of that year. C. Mutual agreement to dissolve by all of the members, which may occur at any time.