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S-1017 - 05/14/2002 - AGREEMENT - Ordinances Supporting Documents-VILLAGE OF OAK BROOK DATE: May 10, 2002 Village Board Transmittal Memorandum SUBJECT: Extension of Cable Television Franchise Agreement - FROM: Michael A. Cro tty, e , Assistant Village Mana r ' �/'vt g g F. FA RECOMMENDATION: That the Village Board adopt an ordinance extending the term of the cable television franchise agreement between the Village of Oak Brook and AT &T Broadband for a period of one year to expire June 8, 2003. The existing cable television franchise agreement between the Village and AT &T Broadband is set to expire on June 8, 2002. Staff has been working with a consultant to draft a new cable television ordinance that will provide the framework for negotiating the new agreement. The draft ordinance is under final review, and once it is complete, we will share it with representatives from AT &T Broadband for their reaction, and then bring the ordinance to the Village Board for consideration. Once the ordinance is in place, franchise renewal negotiations can begin. Earlier this year, you became aware of the consolidation of AT &T Broadband and Comcast Corporation, which would result in the transferring of control of the cable television franchise to a new entity called AT &T- Comcast. Through the Metropolitan Mayors Caucus, the affected franchising agencies (including Oak Brook) enlisted Dr. Barry Orton & Municipal Services Associates, Inc. to conduct the due diligence review of the new entity's technical, financial and legal qualifications. That process is pursuant to FCC guidelines and regulations, and is well underway. Incidentally, Dr. Orton is the same consultant that the Village has enlisted to assist with the negotiation of the new franchise agreement. During the past 6 to 8 months, the representatives from AT &T Broadband who will be responsible for negotiating the terms of the new franchise agreement with the Village have been occupied with activities necessary as a result of the transfer of control and due diligence review. This has prevented significant negotiation to proceed with any of the franchising agencies whose agreements are set to expire. As such, staff recommends the adoption of the attached ordinance that would extend the expiration of the existing agreement for a period of one year (or until June 8, 2003) Both AT &T Broadband representatives and the Village's consultant are confident that this will be sufficient time to conclude negotiations, hold the requisite public hearing, and ensure that a new agreement is in place. /mac Cable Franchise Extension doc S. A. 2) POLICE PENSION FUND BOARD President Bushy recommended the following confirmation: Police Pension Fund Board (2 Year Term,) appointment for Re- appointment of Alan J. Feldman (term expires 5/14/02) to the Police Pension Fund Board, with his term expiring May 11, 2004. Motion by Trustee Korin, seconded by Trustee Caleel, to concur with the recommendation of President Bushy to re- appoint Alan J. Feldman to the Police Pension Fund Board, with his term expiring May 11, 2004. VOICE VOTE: Motion carried. 3) BOARD OF FIRE AND POLICE COMMISSIONERS President Bushy recommended the following appointment for confirmation: Board of Fire & Police Commissioners (3 Year Term) Re- appointment of John G. Baar (term expires 5/2002) to the Board of Fire & Police Commissioners, with his term expiring May, 2005. Motion by Trustee Korin, seconded by Trustee Caleel, to concur with the recommendation of President Bushy to re- appoint John G. Baar to the Board of Fire & Police Commissioners, with his term expiring May 2005. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS: POL PENS FUND BD BRD OF FIRE & POL COMMISSIONERS 1) ORDINANCE 2002 -CB-AG -S -1017, "AN ORDINANCE AMENDING ORD o2- CB -AG -S- ORDINANCE S -607, AN ORDINANCE APPROVING A CABLE FRA CH AGREE TELECONPAUNICATIONS FRANCHISE AGREEMENT AND AUTHORIZING THE EXECUTION THEREOF" The existing cable television franchise agreement between the Village and AT &T Broadband will expire on June 8, 2002. Staff has been working with a consultant to draft a new cable television ordinance that will provide the framework for negotiating the new agreement. The draft ordinance is under final review, and once it is complete, it will be shared with representatives from AT &T Broadband for their reaction, and then the ordinance will be brought to the Village Board for consideration. Once the ordinance is in place, franchise renewal negotiations can begin. VILLAGE OF OAK BROOK Minutes lb Page 6 of 15 May 14, 2002 8. B. 1) The proposed consolidation of AT &T Broadband and Comcast Corporation would result in the transfer of control of the cable television franchise to a new entity called AT &T- Comcast. Through the Metropolitan Mayors Caucus, the affected franchising agencies (including Oak Brook) enlisted Dr. Barry Orton & Municipal Services Associates, Inc. to conduct the due diligence review of the-new entity's technical, financial and legal qualifications. That process is pursuant to FCC guidelines and regulations, and is well underway. Incidentally, Dr. Orton is the same consultant that the Village has enlisted to assist with the negotiation of the new franchise agreement. During the past 6 to 8 months, the representatives from AT &T Broadband who will be responsible for negotiating the terms of the new franchise agreement with the Village have been occupied with activities necessary as a result of the transfer of control and due diligence review. This has prevented significant negotiation to proceed with any of the franchising agencies whose agreements are set to expire. As such, staff recommends the adoption of the ordinance that would extend the expiration of the existing agreement for a period of one year (or until June 8, 2003). Both AT &T Broadband representatives and the Village's consultant are confident that this will be sufficient time to conclude negotiations, hold the requisite public hearing, and ensure that a new agreement is in place. Before the vote was taken, President Bushy stated that she wanted it known that AT &T is a major tenant in a building that she owns. Motion by Trustee Caleel, seconded by Trustee Miologos, to pass Ordinance 2002- CB -AG -S -1017, "An Ordinance Amending Ordinance S -607, An Ordinance Approving A Cable Telecommunications Franchise Agreement and Authorizing the Execution Thereof." ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Craig, Korin and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino. Motion carried. 2) RESOLUTION 2002 -AG -EXI -R -807 "A RESOLUTION AUTHORIZING EXECUTION OF A FIRST SUPPLEMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE DUPAGE FOREST PRESERVE DISTRICT CONCERNING THE ESTABLISHMENT OF THE SALT CREEK GREENWAY TRAIL AND THE PERFORMANCE OF PHASE II ENGINEERING SERVICES" VILLAGE OF OAK BROOK Minutes FtA Page 7 of 15 May 14, 2002 RES 02-AG- EXI -R- 807 SUPP AGR - DPG FOR PRES DIS - SLT CRK GRNWY TRL i' Pi 4 ORDINANCE 2002- CB -AG -S- 1017 AN ORDINANCE AMENDING ORDINANCE S -607, AN ORDINANCE APPROVING A CABLE TELECOMMUNICATIONS FRANCHISE AGREEMENT AND AUTHORIZING THE EXECUTION THEREOF WHEREAS, on May 26, 1987 the corporate authorities of the Village of Oak Brook passed and approved Ordinance S -607, "An Ordinance Approving A Cable Telecommunications Franchise Agreement And Authorizing The Execution Thereof"; and WHEREAS, MediaOne of Northern Illinois, Inc., operating and marketing services as AT &T Broadband, ( "AT &T Broadband ") currently holds that cable franchise with Oak Brook ( "Village "), granted by Ordinance S -607 ( "Franchise "), on June 8, 1987; and WHEREAS, AT &T Broadband's franchise with the Village is scheduled to expire on June 8, 2002; and WHEREAS, MediaOne and the Village have been engaged in informal renewal negotiations in accordance with Section 626(h) of Title VI of the Communications Act of 1934, as amended; and WHEREAS, the amount of time required to conclude negotiations and allow for public review will extend beyond the initial expiration date; and WHEREAS, it is in the public interest to extend the current franchise for an additional period of time so that cable service to the public will not be interrupted; and WHEREAS, each party reserves their rights under the Cable Act with regard to their right to renew the cable television franchise including, but not limited to, their specific right under Section 626(h) of Title VI of the Communications Act of 1934, as amended, which provides for the right to proceed under the formal renewal process when and if either party chooses to do so; and WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section • That Section III of the Cable Telecommunications Franchise Agreement entitled "Term of Franchise" executed on June 8, 1987 be extended one additional year until June 8, 2003. Section 3: That all other provisions of the said Cable Telecommunications Franchise Agreement shall remain the same; Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 14th day of May, 2002. Ayes: Trustee Caleel, Craig, Korin and Miologos Nays: None Absent: Trustee Savino Abstain: None APPROVED THIS 14th day of May, 2002. Appr d as to Form: Village Attorney Ordinance 2002- CB -AG -S- 1017 Cable Agreement Extension of Time, Page 2 Village Presidemf Published Date Not Published XX Paper