journal ofthe proceedings ofthe citycouncil …...whereas, the chicago symphony i orchestra has...

(Published by the Authority of the City Council of the City of Chicago)

COPY

JOURNAL of the PROCEEDINGS of the

CITYCOUNCIL of the

CITY of CHICAGO, ILLINOIS

Regular Meeting—Monday, February 4,1985

at 10:00 A.M.

(Council Chambep—City HaU—Chicago, Illinois)

OFFICIAL RECORD.

HAROLD WASHINGTON WALTER S. KOZUBOWSKI Mayor city Clerk

2/4/85 COMMUNICATIONS, ETC. 12949

Attendance at Meeting.

Present — Honorable Hau-old Washington, Mayor, and Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Lamgford, Streeter, Sheeihem, Kelley, Sherman, Stemberk, Krystyniadc, Henry, Nau-dulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotleu-z, Beuiks, Damato, Laurino, O'Connor, Pucinski, Natau-us, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone.

Absent - Aldermen Kellam, Meurzullo, Cullerton.

Call to Order.

On Monday, February 4,1985 at 1:22 P.M. (the hour appointed for the meeting was 10:00 A.M.) Honorable Heurold Washington, Mayor, called the City Council to order. Daniel J. Burke, Deputy City Clerk, called the roll of members and it was found that there were present at that, time: Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheeihem, Kelley, Shermam, Stemberk, Krystyniak, Henry, NauduUi, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natauus, Obermem, Hamsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Quorum present.

On motions made by Aldermen Sheahan, Nardulli and Laurino, respectively, it was ordered noted in the Joumal that Aldermen Kellam, Meu^ullo emd Cullerton were absent due to illness.

Invocation.

Alderman George J. Hagopian (30th Weird) opened the meeting with prayer.

TRIBUTE TO LATE FIREMEN MICHAEL FORCHIONE, MICHAEL TALLEY AND CAPTAIN

DANIEL NOCKELS.

Honorable Heirold Washington, Mayor, on behaff of himseff and all the members ofthe City Council, presented the following proposed resolution:

WHEREAS, Three Chicago firefighters, whose bravery and devotion to duty were given to the last full measure, and whose tragic deaths are a personal and profound loss to their comrades; emd

12950 JOURNAL-CITY-COUNCIL-_-CHICAGO 2/4/85

WHEREAS, They were killed in one of the deadliest fires in our City's history, demonstrating the courage that binds firefighters in a fraternity of brave men; and

WHEREAS, Firefighters Michael Forchione emd Michael Talley, emd Captadn Deiniel Nockels eire survived by their loving families emd mourned by their comrades and the people ofChicago; emd

WHEREAS, They were faithful to their oath emd died to protect lffe auid property from fire, among the most threatening of urbem disasters; now, therefore.

Be It Resolved, That the Mayor amd the City Council of the City of Chicago assembled this 4th day of Februeuy, 1985, call on the people ofChicago to join in mourning the loss of these men; emd

Be It Further Resolved, That the members of the Council emd the people of our City be informed that a funeral mass will be said at Holy Name Cathedral, 735 North State Street, at 11:00 A.M. on Tuesday, February 5,1985; and

Be It Further Resolved, That elected and appointed officials of the City of Chicago are encouraged to attend the funeral; emd

Be It Further Resolved, That the flags ofthe United States and the City ofChicago shall be flown at haff mast until sunset of Tuesday, Februau-y 5; amd

Be It Further Resolved, That a suitable copy of this resolution be prepeired and forweirded to the loving families of these men.

Alderman Sheahem moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the foregoing proposed resolution. The motion Prevailed.

Honorable Harold Washington, Mayor, extended his personal condolences to the families of the three firefighters, observing that both they and their families were representative of the "best kind of people we have." Expressing his amaizement at the "dedication, strength, tenacity, emd strong will of both the men emd women in the families" of the firefighters. Mayor Washington also stated that it was "heairt- breeiking that (firefighters) not only risked their lives for ordinary accidents and nuisemces . . . (they must also) risk their lives for wilffully designed and perpetrated fires set for gadn." The Mayor further noted that as a member of the Illinois General Assembly, he had served on am Arson For Profit Committee which had developed suggestions for the eradication of arson for profit. Mayor Washington suggested that it was perhaps time to "take another look" at the those suggestions.

All in the chambers stood as "Taps" were played.

On motion of Aldermam Sheeihem, seconded by Aldermen Pucinski, Evans, Nateu-us, and Mell, the foregoing proposed resolution was Adopted, unanimously, by a rising vote.

RECOGNITION GIVEN TO SIR GEORGE SOLTI AND CHICAGO SYMPHONY ORCHESTRA FOR THEIR

TRIUMPHANT 1985 EUROPEAN TOUR.

2/4/85 COMMUNICATIONS, ETC. 1295L

Honorable Harold Washington, Mayor, on behaff of himseff amd all the members ofthe City Coimcil, presented the following proposed resolution:

WHEREAS, The Chicago Symphony Orchestra has triumphantly concluded a two-week European tour which begem in Stockholm, Sweden on Jemueiry 15 amd ended in London on February 2,1985; and

WHEREAS, The Chicago Symphony I Orchestra has enjoyed a superb reputation since the late 1950*3, emd was first called the world's greatest by a distinguished London music critic in 1971; amd

WHEREAS, Under conductor Sir George Solti, the orchestra has been praised throughout tours of Europe, the United States emd the Far East; emd

WHEREAS, Many distinguished guest conductors have appeaired in concert with the Chicago Symphony Orchestra, amd it has won six Grammy Aweurds for "Album ofthe Yeau-" recordings; emd

WHEREAS, The Chicago Symphony Orchestra is literally em ensemble of ambassadors for Chicago by virtue of their sales of blocks of tickets purchased by Americems wherever they tour; emd

WHEREAS, The latest Europeem tour was enhamced by the presence of Chicago's Mayor Hauold Waishington, Aldermen Beavers amd Orbach, Commissioners Fine emd Mier, emd Messrs. Al Johnson and Bill Smith who led a contingent of Chicago Symphony Orchestra devotees to their concert, and attended two gala receptions in their honor following the performamce; now therefore.

Be It Resolved, That the Mayor of the City of Chicago and the members of the City Council assembled this 4th day of Februeiry, 1985, do hereby recognize Sir George Solti and the outstanding musiciems of the Chicago Symphony Orchestra for their triumphemt 1985 Europeem tour.

Aldermam Orbach moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the foregoing proposed resolution. The motion Prevailed.

Honorable Hau-old Washington, Mayor, rose to call the tour a "tremendous truimph and success for the Chicago Symphony Orchestra." Noting that a City delegation had journeyed to Great Britaiin on a trade, investment and tourism mission. Mayor Washington called the orchestra our City's "best ambassador." The Mayor also observed that he had approached the trade mission with some concern over the image of the City but, upon querying those he met, found that "it has no image." The Mayor then declared that "we now have a tabula rasa to write upon" and stated that he could not think "ofa better way to start writing on it" than through the performances ofthe Chicago Symphony Orchestra.

On motion of Alderman Orbach, the foregoing proposed resolution was Adopted, unamimously, by a viva voce vote.

12952 JOURNAL-CITY COUNCILS-CHICAGO 2/4/85

REPORTS A N D C O M M U N I C A T I O N S FROM CITY OFFICERS.

Rules Suspended-AMENDMENT OF MUNICIPAL CODE CHAPTER 200.5 TO EXTEND EFFECTIVE DATE OF

'THE CHICAGO ALCOHOLIC BEVERAGE TAX ORDINANCE".

Honorable Hau-old Washington, Mayor, submitted the following communication:

OFFICE OF THE MAYOR CITY OF CHICAGO

February 4,1985.

To the Honorable, The City Council ofthe City ofChicago:

LADIES AND GENTLEMEN - At the request of the Acting Director of Revenue, I transmit herewith an ordinance amending Chapter 200.5 of the Municipal Code of Chicago, "The Chicago Alcoholic Beverage Teix Ordinance," to modffy its effective date.

Your favorable consideration of this ordinemce will be appreciated.

Very truly yours, (Signed) HAROLD WASHINGTON,

Mayor.

Alderman Burke moved to Suspend the Rules Temporarily for the immediate consideration ofemd action upon the sadd proposed ordinamce. The motion Prevailed.

On motion of Aldermam Burke, the said proposed ordinance was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheadiam, Kelley, Shermem, Stemberk, Krystyniadc, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Bauiks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hemsen, McLaughlin, Orbach, Schulter, Volini, Stone - 44.

Nays — None.

Aldermam Stemberk moved to reconsider the foregoing vote. The motion was lost.

The following is sedd ordinemce as passed:

WHEREAS, The City Council will be considering substitute legislation to replace the Chicago Alcoholic Beverage Teix; now, therefore.

Be It Ordained by the City Council ofthe City ofChicago:


SECTION 1. The effective date of Chapter 200.5 of the Municipal Code of Chicago, which was passed on December 31, 1984, is hereby amended to be March 1, 1985 and not until such date shall such Chapter be in full force and effect.

SECTION 2. This ordinamce shall be effective upon passage.

fie/erred-AMENDMENT OF MUNICIPAL CODE CHAPTER 6 TO PROHIBIT OUTSIDE PRACTICE OF LAW BY

CORPORATION COUNSEL.

Honorable Heirold Washington, Mayor, submitted the following communication — two committees having been called (the Committee on Public Records and Information emd the Committee on Finemce) the sadd proposed ordinemce emd communication were Referred to the Committee on Committees and Rules:


February 4,1985.


LADIES AND GENTLEMEN - I transmit herewith an ordinance amending Chapter 6 ofthe Municipal Code ofChicago by adding a new Section 6-9 to prohibit the practice of law by the Corporation Counsel or his Assistants except in specified limited situations.

Your favorable consideration of this ordinance will be appreciated.

Very truly yours, (Signed) HAROLD WASHINGTON.

Mayor.

iJe/erred-CONDITIONAL APPROVAL OF INDUSTRLAL REVENUE BOND FOR PROJECT BY NATION

ENTERPRISES, INCORPORATED.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance tramsmitted therewith. Referred to the Committee on Economic Development:


February 4,1985.


12954 JOURNAL.-CrrY COUNCIL-CfflCAGO. 2/4/85

LADIES AND GENTLEMEN - At the request of the Commissioner ofthe Department of Economic Development, I transmit herewith an ordinance providing for the conditional approval of em industrial revenue bond in the amount of $800,000 for the financing of a project by Nation Enterprises, Inc.



Mayor.

Referred-APPROVAL OF CERTAIN SITES DESIGNATED BY PUBLIC BUILDING COMMISSION FOR CHICAGO

BOARD OF EDUCATION.

Honorable Heu-old Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance tremsmitted therewith. Referred to the Committee on Finance:


February 4,1986.


LADIES AND GENTLEMEN - At the request of the Public Building Commission, I transmit herewith am ordinamce approving certedn sites designated by the Public Building Commission for construction of elementeury school facilities for the Chicago Board of Education.

Your favorable consideration of this ordinance will be appreciated.


Mayor.

Referred-AUTHORIZATION FOR EXECUTION OF AMENDMENT TO AIRPOR'T USE AGREEMENT

AND TERMINAL FACILITIES AGREEMENT OF 1983 BETWEEN CITY AND

AMERICAN AIRLINES.

Honorable Heurold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Aviation:



. February 4,1985.


LADIES AND GENTLEMEN - At the request ofthe Commissioner ofthe Department of Aviation, I tremsmit herewith em ordinemce authorizing the execution of an Amendment to the Airport Use Agreement amd Terminal Facilities Agreement of 1983 entered into between the City ofChicago and Americam Airlines.

Your favorable consideration of this ordinamce will be appreciated.

' Very truly yours, ! (Signed) HAROLD WASHINGTON,

Mayor.

Referred-AUTHORIZATION FOR EXECUTION OF AMENDMENT TO AIRPORT USE AGREEMENT AND TERMINAL FACILITIES AGREEMENT OF 1983

BETWEEN CITY:AND USAir AIRLINES.

Honorable Hau-old Washington, Mayor, submitted the following communication, which was, together with the proposed ordinemce transmitted therewith. Referred to the Committee on Aviation:


February 4,1985.


LADIES AND GENTLEMEN - At the request ofthe Commissioner of the Department of Aviation, I tremsmit herewith an ordinance authorizing the execution of am Amendment to the Airport Use Agreement emd Terminal Facilities Agreement of 1983 entered into between the City ofChicago and USAiriAirlines.



Mayor.

Referred- APPROVAL FOR SALE OF PARCEL 3 IN COMMERCIAL DISTRICT PROJECT LAWRENCE-KEDZIE TO

METROPOLITAN RESOURCES GROUP, INCORPORATED.

12956 JOURNAL-CITY COUNCIL-CfflCAGO 2/4/85

Honorable Hau-old Washington, Mayor, submitted the following communication, which was, together with the proposed ordinance transmitted therewith. Referred to the Committee on Housing and Neighborhood Development:


February 4,1985.


LADIES AND GENTLEMEN - At the request ofthe Commissioner ofthe Department of Economic Development, I am tremsmitting herewith copies of em ordinance, approving the sale of Parcel 3 Commercial District Project Lawrence-Kedzie to Metropolitan Resources Group, Inc.

Also enclosed eire certified copies of the resolution adopted by the Commercial District Development Commission at a meeting on December 4, 1984, authorizing the ordinance referred to above.

Thauik you for your consideration of this matter.


Afayor.

iJc/erred-AUTHORIZATION FOR ACQUISITION OF PROPERTY ON NORTH KINGSBURY STREET.

Honorable Harold Washington, Mayor, submitted the following communication, which was, together with the proposed ordinemce transmitted therewith. Referred to the Committee on Land Acquisition and Disposition:


February 4,1985.


LADIES AND GENTLEMEN - At the request ofthe Comnussioner ofthe Department of Public Works, I tremsmit herewith an ordinance authorizing the acquisition of an area, 11.42 feet by 185.7 feet, on N. Kingsbury Street, north of W. Cortland Avenue. This 2,014.50 squeire foot area is necesseuy for the construction and realignment of the new sewer in N. Kingsbury Street.




Mayor.

iJe/erred-REQUEST TO STATE OF ILLINOIS DEPARTMENT OF CONSERVATION FOR CITY TO BE AUTHORIZED

AS "APPROVED LOCAL GOVERNMENT".

Honorable Heu-old Waishington, Mayor, submitted the following communication, which was, together with the proposed resolution tramsmitted therewith. Referred to the Committee on Cultural Development and Historical Landmark Preservation:


February 4,1985.


LADIES AND GENTLEMEN - At the request ofthe Commission on Chicago Historical emd Architectural Lamdmaurks, I tramsmit herewith a resolution approving the submission of a request on behaff of the City of Chicago to the State of Illinois, Department of Conservation to be authorized as an "approved local government" under Sections SOlj-l et seq. ofthe Illinois Revenue Act, to issue certificates of rehabilitation in order to participate in the provision of the statute providing tauc incentives for qualified lamdmark property owners.

Also enclosed is a copy of the request from the Commission on Chicago Historical and Architectural Landmarks and a draft letter to the Illinois Depeu-tment of Conservation requesting the authorization and approval as outlined above.

Your favorable consideration of this resolution will be appreciated.


Mayor.

Referred- AUTHORIZATION TO ALLOW CITY TO PARTICIPATE IN ILLINOIS HISTORIC PRESERVATION GRANT-IN-AID PROGRAM.

Honorable Heurold Washington, Mayor, submitted the following communication, which was, together with the proposed resolution transmitted therewith. Referred to the Committee on Cultural Development and Historical Landmark Preservation:



February 4,1985.


LADIES AND GENTLEMEN - At the request of the Chairman of the Commission on Chicago Historical amd Architectural Landmau-ks, I tramsmit herewith a resolution to allow the City to participate in the Illinois Historic Preservation Gremt-In-Aid program for the amount of $17,955.

Your favorable consideration of this resolution will be appreciated.


Mayor.

City Council Informed As To Miscellaneous Documents Filed Or Received In

City Clerk's Office.

Honorable Walter S. Kozubowski, City Clerk, informed the City Coimcil that documents have been filed or received in his office relating to the respective subjects designated as follows:

ACCEPTANCES AND BONDS UNDER ORDINANCES.

Acceptamces and bonds under ordinamces as follows:

Combined Insurance Compemy of America: Acceptemce emd bond under an ordinance passed on September 6,1984 (communication cable); filed on Jamuairy 25,1985;

W. F. Hall Printing Company: Acceptamce amd bond under am ordinamce passed on September 6,1984 (conduits); filed on Jemuary 10,1985;

Illinois Bell Telephone Company: Acceptance and bond under an ordinemce passed on October 31,1984 (vault); filed on January 30,1985;

Illinois Bell Telephone Compemy: Acceptamce amd bond under an ordinance passed on December 3,1984 (tunnel); filed on Jemuary 30,1985;

Samuel emd Margot Kacev: Acceptance and bond under an ordinance passed on September 6,1984 (loading platform); filed on Jemuary 10,1985;

Northwestern Goff Compamy and G & O Radiator Division and The Allen Group, Inc.: Acceptance and bond under an ordinance passed on October 31, 1984 (conveyor bridge); filed on January 30,1985;

Reliable Plating Corporation: Acceptance under em ordinance passed on December 3, 1984 (water processing pipe); filed on January 22,1985;


U. S. Industries, Inc.: Acceptance and bond under an ordinance passed on September 25, 1984 (conduits); filed on January 23,1985;

Walther Memorial Hospital: Acceptance and bond under an ordinance passed on September 25,1984 (water line); filed on Janueury 10,1985.

City Council Informed As To Publication Of Journal .

The City Clerk informed the City Council that all those ordinamces, etc. which were passed by the City Council on Jemuary 23,1985, emd which were required by statute to be published in book or pamphlet form or in one or more newspapers, were published in pamphlet form on February 1,1985, by being printed in full text in printed pamphlet copies ofthe Journal ofthe Proceedings ofthe City Council ofthe regular meeting held on Jemueiry 23,1985, published by authority of the City Council in accordance with the provisions ofSection 5-5 ofthe Municipal Code ofChicago, as passed on December 22,1947.

FILING OF CERTIFIED COPIES OF ORDINANCE WITH COUNTY CLERKS OF COOK AND DU PAGE COUNTIES.

The City Clerk further informed the City Council that he filed with the County Clerks of Cook emd Du Page Counties on Jamuau-y 29,1985, em ordinamce passed by the City Council of the City ofChicago on December 31,1984:

Ordinance gremting authority to reduce amount of 1984 property taxes on Public Building Commission ofChicago Building Revenue Bonds, Series "B" of 1971.

Miscellaneous Communications, Reports, Etc., Requiring Council Action (Transmitted To City Council

By City Clerk).

The City Clerk tramsmitted communications, reports, etc., relating to the respective subjects listed below, which were acted upon by the City Council in each case in the manner noted, as follows:

SUMMARY OF ADOPTED BUDGET FOR 1985 SHOWING DISTRIBUTION OF APPROPRIATIONS.

A communication from the Office of Budget emd Mamagement transmitting a summary of the adopted Budget for 1985 showing the distribution of appropriations by function including local funds and General Revenue Sharing funds. - Placed on File.

ZONING RECLASSIFICATIONS OF PARTICULAR AREAS.

12960 JOURNAL-CITY COUNCIL.-CfflCAGO 2/4/85

Also, applications (in triplicate) together with the proposed ordinamces for amendment of the Chicago Zoning Ordinamce, as amended, for the purpose of reclassffying particular au-eas, which were Referred to the Committee on Zoning, aa follows:

Amoco Oil Compemy - to classffy as a B4-3 Restricted Service District instead of em R4 General Residence District the area shown on Map No. 19-G bounded by

W. Howard Street; N. Sheridan Road; a line 161.08 feet south of and peu-allel to W. Howeurd Street; emd the alley next west ofemd peurallel to N. Sheridem Road;

Heury Axelrod emd Joseph J. LeiRocco - to cleissffy as em R5 General Residence District instead of em R4 General Residence District the au-ea showm on Map No. 2-G boimded by

the center line ofthe edley next south of and peirallel to W. Polk Street; the center line of S. Miller Street; a line 59 feet -11/4 inches south ofemd parallel to the center line of the alley next south of emd peurallel to W. Polk Street; emd the center line of the alley next west of amd peuallel to S. Miller Street;

Damiel R. Bairnas — to classffy as a B4-1 Restricted Service District instead of a B2-1 Restricted Retadl District the area shown on Map No. 18-J bounded by

the alley next north ofemd peirallel to W. 79th Street; a line 72 feet - 9 3/8 inches east ofemd peu-allel to S. Trumbull Avenue; W. 79th Street; and S. Trumbull Avenue;

Roderick C. Ciombor - to classffy as a B4-1 Restricted Service District instead of em R3 General Residence District the eu-ea shown on Map No. 16-N boimded by

a line 249.90 feet east of amd peirallel to S. Oeik Peurk Avenue; W. 63rd Street; a line 274.90 feet east of and peu-allel to S. Oak Park Avenue; and the alley next south ofemd parallel to W. 63rd Street;

Eugene Howard — to classffy as a B2-1 Restricted Retail District instead of am R2 Single-Family Residence District the area shown on Map No. 16-N bounded by

the alley next north of and peurallel to W. 67th Place; S. Damen Avenue; W. 67th Place; and a line 74 feet west of and peu-allel to S. Damen Avenue;

Pepe's Realty Compamy - to classffy as a B5-3 General Service District instead of B4-3 Restricted Service emd R3 General Residence Districts the eirea shown on Map No. 8-E boimded by

E. 31st Street; the alley next east ofemd peirallel to S. Giles Avenue; a line 120.16 feet south ofemd peuallel to E. 31st Street; amd S. Giles Avenue;

South Chicago Savings Bank, U/T No. 11-2153 - to classffy as an R3 General Residence District instead of an Ml-l Restricted Manufacturing District the area shown on Map No. 26-A bounded by

E. 108th Street; a line running along the western boundry of the South Chicago and Southern Radlroad; E. 110th Street; and the alley next east of and parallel to S. Avenue F;


South Chicago Savings Bauik, U/T No. 11-2153 - to classffy as an R3 General Residence District instead of Ml-l Restricted Manufacturing and R2 Single- Family Residence Districts the eirea shown on Map Nos. 26-A and 28-A bounded by

E. 110th Street; a line running along the westerly boundry of the South Chicago amd Southern Radlroad; a line 668.30 feet south ofemd peurallel to E. 110th Street running along the western boundry ofthe South Chicago emd Southern Redlroad; a line 263.66 feet east ofemd parallel to S. Avenue G; a line 400.50 feet north ofemd pau-allel to E. 112th Street; E. 112th Street; the alley next east ofemd pau-allel to S. Avenue G; a line 820.90 feet north ofemd pau-allel to E. 112th Street; S. Avenue F; and a line from a point 998.90 feet north of E. 112th Street and 296.52 feet east of and parallel to S. Avenue G to a point 91.88 feet eastiof emd parallel to S. Avenue F;

CLAIMS AGAINST CITY OF CHICAGO.

Also, cledms agadnst the City of Chicago, which were iJc/erred to the Committee on Claims and Liabilities, filed by the following:

A to Z Electric Co. (3), Aetna Lffe and Cas. Co. (5) Achilleas Basharis, Richard Boegelsack, Floyd Jordan, Teresa Mau-tin amd Robert Ekstrom, Allstate Ins. Co. (5) Peter Achiveirelli, Nolito Demerin, Rosemary Rose, Inona Wesley and Daniel W. Zdinicki, Americam Family Mutual amd Anthony Trocchio, Anthony Steve, Atlamtic Co. and Seth Nkemsa;

K. Baltrukonis, Blendonohy Peter M., Beu-one Ken, Bentcover Teri, Blackburn Fred, Black Laurie, Brooks Comell, Buchamon Deurryl;

Castleberry Willie, Chorney Terry, Claps Mary A., Crawford Donald B., Curtis Raymond A.;

Economy Fire Cas. Co. emd Ceu-los and Gladys Lopez Rivera, Edwards Marc A.;

Feu-mers Group Ins. amd Joseph Strocchia;

Gallo Mrs. Beubau-a, General Accident Ins. emd Eeu-line Thomas, Green Robert G., Gullo John;

Hegaurty Terrence K., Home Ins. Co. amd Laverne Schimanski, Hoover Emerson, Hughes Mrs. Emma G., Harris Jerome;

Isaac Bobby;

Jervier Veronique, Johnson Mark A., Julkes Rodger L. Jr.;

Kerr Catherine Y., Kim Hae Sue, King Shirley, Kleffmem Damiel, Kochumman George, Konecki Mrs. Irene S., Kostogiannes Peter;

Levine Howeurd, Longo Janet;

12962. JOURNAL-CITY COUNCIL-CfflCAGO 2/4/85

Malnati Robert, Manner Realty Co., Maynard Rubby L., Mendelson J.;

Nationwide Ins. Co. and Catherine Smith, Nolinske Terrie, Noonem Flora;

Owens Christy L.;

Pena Ricardo, Pine Gail F., Pepp Cheu-les M., Pine-tree Laundry, Peoples Gas Light and Coke Co. (11), Posner Wendy;

Reinke Susam, Ross Roberta L., Ruffin LeRoy;

SchnaperAnn Rebecca, Sims Ervin, Singleton Clyde V., Smith Felix Jr., Spizzirri Linda, Sprovieri Chairles, State Fau-m Ins. Co. (3) Kimberlee Brown and Gerald Hatfield, Thomas Champe amd Eugene Oggerino, Super Stop Food amd Liquor;

Talaurico Anthony F., Threatte Robert L., Thompson Joel N.;

Vera Laura L.;

Weire Lament, Welke Allan Wayne, Wheeler Nannie M., Williams Hinds;

Zemder Thomas K., Zeravich L.

fle/erred-BID FOR SALE OF BOARD OF EDUCATION PROPERTY.

The, City Clerk tramsmitted a communication! from Walter K. Knorr, City Comptroller, under date of January 24,1985, which reads as follows:

Tremsmitted herewith one (1) sealed bidl This bid was submitted in response to advertisement for the sale of Board of Education property at Lake Street and N. Elizabeth Street which was authorized by ordinance passed March 30, 1979, Council Joumal.

On motion of Aldermem Banks, the bid submitted with the foregoing communication was ordered opened and read and was then Referred to the Committee on Land Acquisition and Disposition.

The following is a summary of sadd bid:

Northeast Corner of West Lake Street and North Elizabeth Street.

Lake Elizabeth Partnership, do Howeird W. Kaplam and Company, 5304 W. Devon Avenue, Chicago, Illinois 60646: Amount bid $75,000.00, deposit check $7,500.00 (cashier's check).

2/4/85 REPORTS;OF COMMITTEES 12963

/2e/erred-REQUEST TO AMEND MUNICIPAL CODE TO PROVIDE FOR LIMITED TELECOMMUNICATION

FRANCHISES WITHIN DEFINED CABLE TELEVISION AREAS.

Also, a communication from Cablecom Corporation, transmitting a resolution pertedning to limited telecommunications franchises and requesting an ordinance amending the Municipal Code of Chicago to provide for limited telecommunication franchises within defined cable television eu-eas, which was Referred to the Committee on Cable Television.

REPORTS OF COMMITTEES.

COMMITTEE ON FINANCE.

EXECUTION OF REDEVELOPMENT AGREEMENT AUTHORIZED WITH LASALLE AND BUREAU COUNTY RAILROAD

COMPANY FOR URBAN DEVELOPMENT ACTION GRANT FUNDS.

The Committee on Finamce submitted a report recommending that the City Council pass a proposed ordinamce transmitted therewith, authorizing the execution of a redevelopment agreement between the City of Chicago and the LaSalle and Bureau County Railroad Compamy for Urbam Development Action Gremt Funds to assist the company in acquiring radlroad lemd, track emd trackage rights currently owned by Conredl.

On motion of Alderman Burke, the sedd proposed ordinance was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Shermam, Stemberk, Krystjmiak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Kotlarz, Banks, Damato, Laurino, Pucinski, Natarus, Oberman, Hemsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 45.

Nays — None.

Aldermem Stemberk moved to reconsider the foregoing vote. The motion was lost.

The following is said ordinamce as passed:

WHEREAS, The City Council of the City of Chicago, by an ordinance passed April 13, 1984, authorized the submission of an application to the United States Department of Housing emd Urban Development for em Urbem Development Action Grant to promote the economic revitalization and reconfiguration of a railroad line for the southeast area of Chicago; and

12964 • JOURNAL-CITY COUNCIL-CfflCAGO 2/4/85

WHEREAS, Pursuamt to said application the United States Department of Housing and Urbem Development has approved Urban Development Action Grant Number B-84-AA-17-0185 which provides for a loam of gremt funds to LaSalle and Bureau County Railroad Company, an Illinois limited peirtnership, in the amount of $200,000 for the acquisition of reulroad rights-of-way, rail tracts, lemd emd appurtenamt radl facilities and rehabilitation and reconfiguration of certadn rail track for the purpose of establishing a short-haul redlroad line for the Southeast auea of Chicago, for service to industries in Chicago, which will retedn employment opportunities which could be lost but for the operation of the radlroad, amd create new employment opportunities; now, therefore.


SECTION 1. The Commissioner of the Department of Economic Development of the City of Chicago is authorized to enter into emd execute on behaff of the City of Chicago, upon the review of the Corporation Counsel as to form and legality, a Redevelopment Agreement which obligates the City ofChicago upon the granting of sufficient security, to lend $200,000 of Urban Development Action Grant funds to LaSalle and Bureau County Radlroad Company, em Illinois corporation, for the acquisition of railroad rights-of-way, radl tracts, lemd, locomotives and appurtenant rail facilities, and rehabilitation and reconfiguration of the same, for rail property in the Southeeist area of Chicago, as more particuleirly described in the Urban Development Action Gramt Application, dated April 30, 1984. Said Redevelopment Agreement obligates LaSalle and Bureau County Redlroad Compamy to medce the aforesaid improvements as part of this renovation project by expending approximately $1,335,000 in private funds, emd further obligates LaSalle emd Bureau County Radlroad Compamy to use its best efforts to reteiin 35 jobs and create 4 new, permament jobs.

SECTION 2. The Commissioner ofthe Department of Economic Development is further authorized to enter into emd execute all other instruments, documents and agreements as may be necessau-y and proper to effect the terms of the Redevelopment Agreement, sadd Redevelopment Agreement being in substemtially the form attached hereto as Exhibit A.

SECTION 3. This ordinemce shall be effective by and from the date of its passage.

Exhibit A attached to this ordinemce reads as follows:

EXHIBIT A

This Agreemen t made in Chicago, I l l ino is , as of the day of , 1985, between the City ofChicago, Illinois (the "City"), by

emd through the Department of Economic Development ("DED"), having its offices at 20 N. Cleurk Street, Chicago, Illinois 60602; emd LaSalle and Bureau County Redlroad Company ("Borrower") am Illinois corporation, having its principal place of business at 12800 South Butler Drive, Chicago, Illinois 60633, and LaSalle National Bemk ("Trustee"), having its principal place of business at 135 S. LaSalle Street, Chicago, Illinois, not individually but solely as T r u s t e e under T r u s t A g r e e m e n t No. 22-04261-5-70 da t ed

, 19 , the sole beneficiary of which is the Borrower, for that certadn portion of the Project (as herein defined) which is located in LaSalle County, Illinois.

WITNESSETH:

2/4/85 REPORTS,OF COMMITTEES 12965

WHEREAS, DED has as its primau-y purpose the creation of additional employment opportunities in the City of Chicago through the attraction emd expansion of economic development in the City; emd

WHEREAS, It is the intention of Borrower to acquire redlroad rights-of-way, real tracts, land emd appurtenamt radl facilities, auid to rehabilitate amd reconfigurate certain rail tracks for the purpose of establishing a short-haul redlroad line for the southeast eu-ea of Chicago, for service to industries in Chicago, which will create new employment opportunites emd retedn employment opportunities which could be lost but for the operation ofthe railroad; amd

WHEREAS, The DED has made an application to the United States Department of Housing amd Urbam Development for an Urbam Development Action Gremt for funds to be used as a loam to finamce the acquisition emd renovation by Borrower of sedd rail track; emd

WHEREAS, In response to sadd application the United States Depeirtment of Housing emd Urbam Development has preliminauily approved UDAG Gremt No. B- 84-AA-17-0185 (the "UDAG Grant") which provides that $200,000 may be loaned by the City to Borrower; emd

WHEREAS, Borrower desires to borrow said amount from the City, emd the City is willing, subject to the terms emd conditions herein, to lend sadd amount to Borrower;

Now, Therefore, the parties hereto agree as follows:

Section I. Definitions.

The following terms shall be defined, for purposes of this Redevelopment Agreement, as follows:

1.1. "Additional Collateral" shall meam all personalty ofthe Project.

1.2. "CDC" shall mean Chicago Association of Neighborhood Development Orgamizations City-Wide Development Company, with offices at 222 West Adams Street, Chicago, Illinois 60606

1.3. "Project" shall meam the acquisition of redlroad rights-of-way, redl tracks, lemd emd appurtenant rail facilities, emd rehabilitation emd reconfiguration of certedn radl track and lamd for the purpose of establishing a short-haul railroad line for the southeast eurea of Chicago for service to industries in Chicago, sadd project is more fully described in the City of Chicago's (Depeu-tment of Economic Development) Urban Development Action Gremt Application for the Southeast Radl Expamsion Project, dated April 30, 1984, and in the Urbam Development Action Grant Agreement, U.D.A.G. Number B-84-AA-17-0185, between the City of Chicago and the Secretairy of Housing and Urban Development ofthe United States of America.

1.4. "Property" shall meem the rail track, redl facility, redl equipment, buildings, fixtures and all other property located on land that is more particuleurly described in that certain mortgage dated , 1985, Chicago, Illinois, emd recorded as Document No. , in the office of the Cook County Recorder of Deeds, Chicago, Illinois.


1.5. "SBA" shall mean the United States Small Business Administration.

1.6. "Secretary" shall mean the Secretary of the United States Department of Housing amd Urbem Development.

1.7. "Senior Lender" shall meam the collective loams advamced to Borrower by South Chicago, in am amount not less tham $800,000 amd by CDC, in aui amount not less tham $500,000.

1.8. "Senior Financing" shall mean the collective loams of South Chicago and CDC, as described in Section 1.8 above, plus accrued emd unpaid interest on the same, plus additional amounts actually advemced by South Chicago emd/or CDC upon a failure of Borrower to perform its obligations under such loems.

1.9. "South Chicago" shall mean South Chicago Savings Bank, an Illinois Corporation with offices at 9200 South Commercial Avenue, Chicago, Illinois 60603.

1.10. "U.D.A.G. Collateral" shall meem the lemd, rail track and rail equipment comprising Project.

1.11. "U.D.A.G. Gramt Agreement" shall meem the Agreement Numbered B- 84-AA-17-0185 with em obligation date of November 17, 1984, between the Secretary of Housing and Urban Development amd the City.

Section II. Consideration.

In consideration of the City amd Borrower entering into and executing this Agreement, amd agreeing to perform their respective obligations as set forth in Exhibit A attached hereto emd made a peirt hereof, emd for other good and valuable consideration, the City and Borrower agree aa hereinafter set forth.

Section III. Loam.

The City shall make a loem to Borrower and Borrower shall borrow from the City an amount amd upon terms emd conditions as set forth in Exhibit B attached hereto emd made a peut hereof (the "Loem"). The Loem shall be secured emd guau-emteed as set forth in Exhibit C attached hereto and made a peurt hereof.

Section IV. Borrower's Covenamts.

4.1. Borrower shall proceed diligently to ceirry out the redevelopment pursuant to Exhibit A.

4.2. Borrower shall use its best efforts to cause to be created in connection with the utilization of the Property, within 48 months after the date of preliminary approval of the U.D.A.G. Grant Agreement, 4 permanent jobs and, 22 construction jobs. Borrower further agrees to use its best efforts to retain the 35 jobs now existing.

4.3. Borrower shall provide the evidence of private financing set forth in Exhibit D attached hereto and made a part hereof.

2/4/85 REPORTS OF COMMITTEES 12967

4.4. Borrower shall abide by all terms and conditions ofthe U.D.A.G. Grant Agreement, as amended from time to time, and the same is expressly incorporated herein by reference.

4.5. Borrower expressly agrees that the funds avedlable pursuemt to this Agreement shall not be deemed committed by the City to the Borrower until the City has received a Releeise of Funds ("ROF") from the Secreteury, emd any otherwise eligible cost incurred by the Borrower prior to sedd ROF shall be at Borrower's sole risk, ff the United States Depaurtment of Housing and Urban Development should later withdraw the U.D.A.G. Grant Fund.

4.6. The time frame for the beginning emd completion of the Project; including the beginning emd completion of each phase of the Project, shall be as specified in Exhibit F of the U.D.A.G. Grant Agreement, as amended from time to time.

Section V. Inspection amd Review.

5.1. Books emd Records. Borrower shall keep and medntedn such books, records and other documents as shall be required under rules and regulations now or hereafter applicable to grants made under the U.D.A.G. Program and as may be reasonably necessary to reflect and disclose fully the amount and disposition of proceeds of the Loan, the total cost of the activities paid for, in whole or in part, with proceeds of the Loem, and the amount emd nature of all investments related to such activities which eire supplied or to be supplied by other sources. All such books, records and other documents shall be avedlable at the offices of Borrower for inspection, copying, audit and examination at all reasonable times by emy duly authorized representative of the City, the Secretary or the Comptroller General ofthe United States.

5.2. Site Visits. Any duly authorized representative ofthe City or the Secretary shall, at all reasonable times, have access to all portions ofthe Project.

5.3. Duration of Inspection Rights. The rights of access amd inspection provided in this Section V shall continue until the completion of all close-out procedures respecting the U.D.A.G. Grant and until the final settlement emd conclusion of all issues eirising out ofthe U.D.A.G. Grant.

Section VI. Certificate of Completion.

Promptly eifter completion by Borrower of each portion of the Project, the City will furnish Borrower with appropriate instruments certffying such completion. Such certifications shall be a conclusive determination of satisfaction, discharge and termination ofthe covenemts in this Agreement with respect to the obligations of Borrower emd its successors emd assigns to undertake the Project in accordance with the dates for the beginning amd completion thereof The certifications shall be in such form as will enable them to be recorded. If the City shall refuse or fadl to provide the certifications within five (5) days of a request for such certification by Borrower, the City shall, within thirty (30) days thereadler, provide Borrower with a written statement indicating in adequate detail how Borrower has failed to complete the construction or rehabilitation ofthe improvements in conformity with this Agreement, or is otherwise in default, emd what measures or acts will be necessary in the opinion of the City for Borrower to madce or perform in order to obtain such certification.


Section VII. Restrictions on Use.

During the term of the Loan, Borrower shall devote the Property solely for purposes of conducting its business of operating a short-haul redlroad line.

Section VIII. Other Security Interests.

8.1. During the term of the Loam, Borrower may gremt security interests in, or may otherwise encumber the U.D.A.G. Collateral so long as the gramtee of amy such grant consents to amd acknowledges the rights ofthe City in the U.D.A.G. Collateral.

8.2. Notwithstamding any ofthe provisions of this Agreement, the holder of any security interest authorized by this Agreement (including any holder who obtains title to the U.D.A.G. Collateral or any part thereof, but not including (a) any other party who thereadler obtains title to the U.D.A.G. Collateral from or through such holder, or (b) any other purchaser at foreclosure sale, other them the holder of the security interest itself) shall not be obligated by the provisions of this Agreement to complete the obligations of Borrower set forth in Section IV hereof or to gueu-emtee such completion; nor shall emy covenemt or any other provisions be construed to so obligate such holder to devote the U.D.A.G. Collateral to any use, or to construct any improvements on the Property.

Section IX. Events of Default.

Borrower shall be in default under this Agreement upon the occurrence of amy of the foUoMdng events or conditions, namely: (a) default in the payment ("moneteiry default") or performance of any of the obligations or of emy covenants or liabilities ("non-monetary default") contedned or referred to herein adler the expiration of the Cure Period (as hereinafter defined); (b) emy waurremty, representation or statement made or furnished to City by or on behalf of Borrower proving to have been false in any material respect when made or furnished; (c) the meiking of any levy, seizure or attachment on the Collateral; (d) dissolution, termination of existence, insolvency, business failure, appointment of a receiver of any paui: of the property of, assignment for the benefit of creditors by, or the commencement of emy proceedhig under emy bemkruptcy or insolvency laws by or ageiinst. Borrower or emy gueuemtor or surety for Borrower, or uncured default on the Loan or any refinancing ofthe same in accordance with the provisions of this Agreement; (e) a default of any Senior Finamcing. ff a moneteiry default shall have occurred and shall continue for ten (10) days, the City without obligation to madce {demand or presentment for payment shall have the right to exercise the remedies provided for in Paragraph 10 hereof, ff a nonmonetary default shall have occurred the City shall send notice to Borrower of such default, ff such default is not cured within sixty (60) days eifter such notice then the City shall have the right to exercise the remedies provided for in Peiragraph 10 hereof; provided, however, that in the event such default cannot reasonably be cured within such sixty (60) day period and ff Borrower has commenced efforts to cure, then the time to cure shall be extended so long as Borrower diligently continues to cure such default (herein referred to as the "Cure Period"); provided, however, in the case of a default under the Senior Financing, the cure period gremted therein shall be the Cure Period under this Agreement.

Section X. Remedies.

Upon such default in accordance with Section IX above regardless of whether the Code (as defined below) has been enacted in the jurisdiction where rights or remedies are


asserted, emd at any time thereafter, such default not having previously been cured. City, at its option, may declare all obligations secured hereby immediately due and payable emd ff applicable, shall have the remedies of a secured pau-ty under the Unfform Commercial Code as adopted amd amended from time to time in Illinois ("Code"), including, without limitation, the right to take immediate and exclusive possession of the Additional CoUaterad, or emy part thereof, emd for that purpose may, so fau- as Borrower can give authority therefor, with or without judicial process, enter (ff this can be done without breach of the peace), upon amy premises on which the Additional Collateral or any paurt thereof may be situated emd remove the same therefrom (provided that ff the Additional Collateral is eiffixed to reed estate, such removal shall be subject to the conditions stated in the Code) and City shall be entitled to hold, maintain, preserve and prepeu-e the Additional Collateral for sale, until disposed of, or may propose to reteiin the Additional Collateral subject to Borrower's right of redemption in satisfaction of Borrower's obligations as provided in the Code. City, without removal, may render the Additional Collateral unusable and dispose of the Additional Collateral on the Borrower's premises. City may require Borrower to assemble the Additional Collateral and make it available to City for possession at a place to be designated by City which is reasonably convenient to both parties. Unless the Additional Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized mau-ket. City will give Borrower at least five (5) days' notice ofthe time and place of amy public sale thereof or ofthe time adler which any private sale or any other intended disposition thereof is to be made. The requirements of reasonable notice shall be met ff such notice is mailed, postage prepadd, to the address of Borrower shown at the beginning of this Agreement at least five (5) days before the time of the sale or disposition. City may buy at emy public sale, and ff the Additional Collateral is of a type customarily sold on a recognized meirket or is of a type which is the subject of widely distributed standard price quotations, may buy it at a private sale. The net proceeds realized upon amy such disposition, afler deduction for the expenses of retaking, holding, prepeiring for sale, selling or the like, emd the reasonable attorneys' fees emd legal expenses incurred by City in connection therewith, shall be applied in satisfaction of the obligations secured hereby. City will account to Borrower for any surplus realized on such disposition. Notwithstemding emything contedned herein to the contrauy, upon Borrower's fedlure to meet its obligations pursuant to Exhibit E, City may at its sole option assess a late chau-ge of $50 per day for each day the afforesadd obligations remadn unfulfilled.

The remedies of City hereunder eure cumulative amd the exercise of any one or more of the remedies provided for herein or under the Code shall not be construed as a waiver of any of the other remedies of City so long as any part of the Borrower's obligations remains unsatisfied.

Section XI. Acceleration Upon a Sale/Refinamcing/Syndication.

Upon a sale, pau-tial sale, refinamcing (except a Permitted Refinancing as defined below) or syndication of the Project, the outstanding principal balance of the Loan together with emy accrued and unpaid interest thereon, plus any late charges, attorneys or collection fees due emd owing, at the sole option of the City, shall without further notice, demand or presentment to Borrower by City, become immediately due and payable; provided, however, a refinamcing in an amount in excess of the Senior Finemcing shall be a Permitted Refinemcing under this Agreement provided that the aggregate of the City's loam and the Senior Finemcing shall not exceed the; then fair market value of the Project pursuant to M.A.I or S.R.P.A appraisal or an equivalent and such replacement refinancing entity is not


disqualified from participating in HUD-assisted projects under applicable HUD regulations; and provided further that a syndication for purposes of raising Developer's equity of at least $35,000 shall not cause an acceleration ofthe Loem under this Agreement.

Section XII. General.

(a) No wedver by City of any default shall operate as a waiver of emy other default or of the same default on a future occasion. All rights of City hereunder shall inure to the benefit of its successors emd assigns; emd all obligations of Borrower shall bind its heirs, executors or administrators or its successors or assigns. This Agreement shall become effective, eifter signed by the City, when it is signed by both Borrower emd Trustee.

(b) All rights of City to and under this Agreement emd in and to the U.D.A.G Collateral shall pass to emd may be exercised by emy assignee thereof. Borrower agrees that ff City gives notice to Borrower of em assignment of said rights, upon such notice, the liability of Borrower to the assignee shall be immediate emd absolute. Borrower will not set up any cledm ageiinst City as a defense, countercledm or setoff to any action brought by any such assignee for the unpaid balance owed hereunder or for possession of the Collateral, provided that Borrower shall not wedve hereby any right of action to the extent that wadver thereof is expressly made unenforceable under applicable law.

Section XIII. Housing and Urbem Development Approval.

During the term of this Agreement, it shall not be amended in any material respect without the prior written approval of the Secretary. "Material," for purposes of this Section, shall be defined as anything which cancels or reduces any developmental, construction, job creating or finemcial obligation of Borrower, by more than 10 percent (10%), chamges the site or character of any development activity or increases emy time for performemce by a peurty by more than thirty (30) days.

Section XIV. Equal Employment Opportunity.

Borrower emd its successors and assigns, agree that during the term ofthe Loam:

14.1. Borrower will not discriminate against any employee or applicant for unemployment because of race, religion, color, sex or national origin. Borrower will develop em eiffirmative action plam to ensure,equal employment opportunities without regard to race, color, religion, sex or national origin. Such plan shall include, but not be limited to, the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, ra tes of pay, or other forms of compensation, emd selection for training, including apprenticeship. Borrower agrees to post in conspicuous places, avedlable to employees emd applicemts for employment, notices setting forth the provisions of this nondiscrimination clause.

14.2. Borrower will, in all solicitations of, or advertisements for, employees placed by or on its behaff, state that all qualified applicants will receive consideration for employment without regeu-d to race, religion, color, sex or national origin.

14.3. Borrower will include the provisions of subsections 14.1 and 14.2 of this Section XIV in every contract, and will require the inclusion of these provisions in every


subcontract entered into by emy of its contractors, so that such provisions will be binding upon each such contractor or subcontractor, as the case may be.

14.4. Discrimination as used herein shall be interpreted in accordemce with federal law as construed by court decisions. This covenant may be enforced solely by the City emd solely ageiinst the pau-ty which breaches this covenamt.

14.5. Notwithstanding anything herein to the contrary, any Borrower contract for the purchase of U.D.A.G. Equipment shall not be subject to the provision of this Section XIV.

Section XV. No Assignment or Succession.

No tremsfer of Loan funds by the City to Borrower shall be, or be deemed to be, em assignment of U.D.A.G. Grant funds, amd Borrower shall not succeed to any rights, benefits or advamtages of the City under the U.D.A.G. Grant, nor attadn any rights, privileges, authorities or interests in or under the U.D.A.G. Gramt.

Section XVI. Discladmer of Relationship.

Nothing contained in this Agreement or in the U.D.A.G. Gremt Agreement, nor amy act of the Secretary or of the City, shall be deemed or construed by any of the parties, or by third persons, to create amy relationship of third-party beneficieury, or of principal or agent, or of limited or general peirtnership, or of joint venture, or of emy association or relationship involving the Secreteuy or the City.

Section XVII. Conflict of Interest.

No member, officied or employee of the City shall have emy personal interest, direct or indirect, in this Project; nor shall any such member, official or employee peirticipate in emy decision relating to this Project which eiffects his personal interests or the interests of any corporation, pautnership or association in which he is directly or indirectly interested.

Section XVIII. Limitation of Liability.

Borrower expressly agrees that no member, official, employee or agent of City shall be individually or personally liable to Borrower, its successors or assigns in the event of emy default or breach by the City under this Agreement.

Section XIX. Time ofthe Essence.

Time is of the essence of this Agreement.

Section XX. Additional Provisions.

20.1 Borrower shall erect a sign at the Project site which shall be consistent with criteria set by the United States Department of Housing and Urban Development, and furnished to Borrower by the City.

20.2. All notices, certificates or other communications shall be sufficiently given and shall be deemed to have been given on the second day following the day on which the same

12972 JOURNAL-CITY COUNCIL-CfflCAGO 2/4/85.

have been mailed by registered or certified medl, postage emd fees prepedd, addressed as follows:

Ifto City:

ff to Borrower:

With Copies to:

City ofChicago, Illinois City Hall, Room 511 121 North LaSalle Street Chicago, Illinois 60602 Attention: Corporation Counsel

LaiSalle emd Bureau County Railroad Co. 12800 South Butler Drive Chicago, Illinois 60633 Attention:

Department of Economic Development CityofChicago 20 North Clark Street Chicago, Illinois 60602 Attention: Commissioner

The peurties, by notice given hereimder, may designate emy further or different addresses to which subsequent notices, certificates or other communications shall be sent.

20.3. ff emy provision hereof is held invalid or unenforceable by any court of competent jurisidicition, such provision shall be deemed severed from this Agreement to the extent of such invalidity or unenforceability, emd the remeiinder hereof will not be adfected thereby, each ofthe provisions hereof being severable in any such instamce.

20.4. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

In Witness Whereof, the City of Chicago, Borrower and Trustee have caused this Agreement to be duly executed and delivered as ofthe date first above written.

[Signature form omitted for printing purposes.]

Exhibit A

To Redevelopment Agreement.

2/4/85. REPORTS,OF COMMITTEES 12973

1. The City agrees to do the following things, some of which may have already been done prior to the date of this Agreement:

(a) City shall lend Borrower $200,000 of Grant Funds for acquisition by Borrower of railroad rights-of-way, rail tracts, land and appurtenant rai l facilities and the rehabilitation and reconfiguration of certrain rail tracks for the purpose of establishing a short-haul redlroad line for service to industries in the South Chicago eu-ea.

2. Borrower agrees to do the following things, some of which may have been accomplished prior to the date of this Agreement:

(a) Borrower shall acquire railroad rights-of-way, rail tracts, lemd and appurtenant redl facilities and rehabilitate and reconfigurate the Property amd develop the Project for a total cost of not less tham $1,535,000.

(b) Borrower shall provide at least $35,000 of cash equity for development costs.

(c) Borrower shall borrow not less than $800,000 from South Chicago.

(d) Borrower shall borrow not less tham $500,000 from CDC pursuant to the SBA 503 Program, for which SBA shall provide a guauranty of ai debenture in the amount of $500,000 in accordance with the SBA 503 Loan Program.

3. All ofthe aforesaid activities eure for emd in connection with the Project as the same is more paurticuleurly described in the City's application for the U.D.A.G. Grant.

Exhibit B


The terms and conditions ofthe loam'will be consistent with the following:

1. Construction Loam.

(a) The principal amount ofthe Loan shall be $200,000.

(b) Simple interest at the rate of 3% per ainnum computed monthly shall accrue on all U.D.A.G. Gramt funds drawn down;|from time to time by Borrower. Accrued interest over the construction period shall be added to the principal of the permanent loan to form an enlauged principal balance for sedd permanent loam.

(c) The construction period will commence upon the initial disbursement of the U.D.A.G. Grant funds to Borrower and shall continue for a period of 3 1/2 months from sadd initial disbursement, but in no event later than July 30,1985.

(d) The following shall be required of Borrower as Conditions Precedent to disbursement of Loan proceeds:

12974 JOURNAL-CITY COUNCIL-CfflCAGO. 2/4/85

(i) Borrower shall certffy to City and H.U.D. that Borrower has sufficient funds on hand or irrevocably avadlable to it to complete its obligations under this Agreement and has identified the sources of said funds;

(ii) Borrower shall furnish to City a commitment for an A.L.T.A. policy of mortgagee title insuramce, in the full amount of the third mortgage on the Property, free of encumbremces emd other exceptions to title other them those approved, in advance, by City, and subordinated only to the first and second mortgages of the Senior Lenders in em amount not to exceed $1,300,000, emd to the extent machinery, equipment, radl track emd appurtenances may be determined to be fixtures, subordinated to a security interest therein in favor of the Senior Lenders;

(iii) Borrower shall have furnished to City i a Builder's Risk emd Fire Insurance policy or policies duly endorsed to indicate City as insured mortgagee;

(iv) Borrower shall enter into a Disburseihent Agreement with a City approved Title Insurance Compamy ("Compemy"), which shall provide that Compamy shall receive, from Borrower, to review and approve no more frequently than monthly, the following as a condition precedent to the disbursement of amy Loan proceeds to Borrower;

(aa) A Request for Reimbursement, specffying the amount requested, that said eunount is for U.D.A.G. eligible items, and is >in the ratio of Loan funds to Private funds (as hereinedler defined), eis set forth in paragraph (ff) below;

(bb) Original executed Waivers of Mechanics Liens, Contractors and/or Subcontractors Sworn Statements of work completed to date;

(cc) Certification by Borrower's architect of work completed to date in accordance with approved plems and specifications on]A.I.A. forms or reasonable equivalents thereof;

(dd) Project Owner's eiffidavit of Private Funds (defined as Borrower's cash equity plus private lender loam disbursements) expended to date;

(ee) Loam disbursements shall be made on the basis of a percentage of work completed and in place, a staged basis, a voucher and paid receipts basis, or any combination of same; '

(fi) Loem disbursements shall be made only in an amount which, when taken together with the previous disbursements, would not exceed the ratio of $1.00 of U.D.A.G. Grant funds for every $6.85 of private funds expended by Borrower for the Project.

(v) No loan funds shall be disbursed until Developer has first expended not less tham $1,245,997 of Private Funds in land acquisition for the Project thereadler, U.D.A.G. funds may be drawn down pursuant to paragraph 1(d) (iv) (ff) above;

(vi) All of the evidentiary materials required by Exhibit E to the Gramt Agreement have been submitted to emd approved by the Secretary of H.U.D. emd the Secretary of H.U.D. has authorized the City to draw down such funds from its letter of credit.

2. Permement Loan.

2/4/85 REPORTS,OF COMMITTEES. 12975

(a) The permanent loan shall be the total sum of the enleu-ged principal balance of the construction period loem.

(b) The term ofthe loan shall be 20 yeeirs commencing upon substantial completion of construction but in no event later than July 30,1985.

(c) The interest rate shall be 3% per amnum in yeau-1,4% per emnum in yeeir 2 and 5% per annum in years 3 through 20.

(d) Repayment ofthe Loem by Borrower to Lender shall be as follows:

(i) For year 1 (months 1 through 12) equal monthly payments of the enlarged principal balemce plus interest at ai rate of 3% per annum, based on a 20 year (240 month) amortization schedule;

(ii) For yeaur 2 (months 13 through 24) equal monthly payments of the enlarged principal balemce plus interest at a rate of 4% per annum, based on a 19 year (228 month) amortization schedule;

(iii) For yeeirs 3 through 20 (months 25 through 240) equal monthly payments of the enleurged principal balemce plus interest at a rate of 5% per annum, based on an 18 year (216 month) amortization schedule;

(iv) In month 240 of yeeu- 20, Borrower shall medce one final balloon payment of the remadning unpadd enlarged principal balamce plus accrued amd unpaid interest thereon at a rate of 5% per amnum.

3. Prepayment of Loam. The loem may be prepedd at emy time without penalty.

Exhibit C


The Loam made pursuant to this Agreement shall be secured by the following:

1. A third mortgage or deed of trust in favor of the City on the lamd, redl tracks, rail facilities, redl equipment, buildings and fixtures comprising the Project subordinate only to the first mortgage or deed of trust of South Chicago in an amount not to exceed $800,000, emd a second mortgage or deed of trust of CDC in an amoimt not to exceed $500,000.

2. A gramt of security interest in all personal assets of the Project, subordinated only to em interest gramted the Senior Lenders.

3. The completion of the Project shall be guaramteed by Borrower and repayment of the Loam shall be gueiranteed by Borrower to the extent of its assets in the Project.

Exhibit D


12976 JOURNAL-CITY COUNCIL-.-CfflCAGO 2/4/85

1. South Chicago shall loan the sum of $800,000 to Borrower for the purpose of acquisition, rehabilitation emd reconfiguration of property.

2. CDC shall loan at least $500,000 to Borrower pursuant to the SBA 503 Program.

3. Borrower shall provide not less than $35,000 in equity funds for the project.

4. SBA in accordamce with its 503 Loan gueiremty program, shall provide a guaranty ofa debenture in the amount of $500,000 to CDC to assist Borrower.

Exhibit E


The following documentation shall be completed and submitted to the City prior to the disbursement of emy Gremt Funds:

1. Not less tham sixty days prior to the initiation of any construction, the Borrower shall provide to the City a request for wage determination for all crafts to be utilized on the project, utilizing U.S. Depaurtment of Labor Form 308, or equivalent.

2. Not less tham fifteen (15) days prior to the initiation of amy construction activities the Borrower shall provide to the City fully executed Contractor's Certification concerning Labor Stemdards emd Prevedling, Wage Requirements from each contractor emd subcontractor peurticipating in the project, utilizing U.S. Depeurtment of Housing emd Urbem Development Form HUD-1421 (6-75) or equivalent.

The following documentation shall be completed and submitted to the City, as may be required throughout the entire term of the Loan:

1. Upon initiation of construction activities the Borrower shall insure that the approved wage determination materials, together with a poster (U.S. Depeurtment of Labor WH-1321) shall be conspicuously displayed, which informs employees of their rights and indicates that the City will receive compladnts.

2. From and edler the initiation of any construction activities through the final disbursement of Gremt Funds, the Borrower shall submit to the City on a timely basis a completed certified weekly payroll, utilizing U.S. Depeu-tment of Labor Form WH-347 or equivalent. In addition to the requested information contedned thereon, the Borrower shall require all peurticipating contractors emd subcontractors to provide information as to the race and gender of each employee. All of the above information is due weekly. The cure period shall be two weeks.

EXECUTION OF LOAN AND SECURITY AGREEMENT AUTHORIZED FOR HYDE PARK THEATRES, INCORPORATED PROJECT.

The Committee on Finamce submitted a report recommending that the City Council pass a proposed ordinance tramsmitted therewith, authorizing the execution of a loan and security


agreement with Hyde Park Theatres, Inc., in the amount of $150,000.00 to assist in the expemsion of business at 5238 S. Harper Avenue.

On motion of Alderman Burke, the said proposed ordinemce was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyeik, Huels, Majerczyk,, Madrzyk, Brady, Lamgford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopiem, Semtiago, Gabinski, Mell, Kotlarz, Bamks, Damato, Laurino, Pucinski, Natairus, Obermam, Hauisen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 44.

Nays —None.

Aldermam Stemberk moved to reconsider the foregoing vote. The motion was lost.

Aldermem Burke was excused from voting under the provisions of Rule 14 ofthe Council's Rules of Order.

The following is sadd ordinemce as passed:

WHEREAS, The Depeirtment of Economic Development ofthe City ofChicago has as its primary purpose the creation of additional employment opportunities in the City of Chicago through the attraction emd expemsion of economic development activity in City; emd

WHEREAS, The United States Department of Housing and Urbam Development has made avadlable to the City of Chicago through the federal Community Development Block Grant Program, a gremt in the amount of $1,500,000 to be used to madce low interest loans to staut up amd expemding businesses; emd

WHEREAS, Hyde Peu-k Theatres, Inc., em Illinois corporation, has made application to the Department of Economic Development to borrow $150,000 for purposes of leasehold improvements emd purcheising machinery which will result, among other things, in the creation of an estimated 5 new, permement job opportunities for low emd moderate income persons residing in the City; and

WHEREAS, The Economic Development Commission has approved the application of Hyde Peu-k Theatres, Inc.; now, therefore.


SECTION 1. The Commissioner of Economic Development is authorized to enter into emd execute, subject to review as to form emd legality by the Corporation Counsel, a Loan emd Security Agreement with Hyde Park Theatres, Inc., pursuant to which the City will loan $150,000 to Hyde Park Theatres, Inc., to assist Hyde Pau-k Theatres, Inc., to expand its motion picture theatre operations, said Loan and Security Agreement to be substantially in the form hereto as Exhibit A.


SECTION 2. The Commissioner of Economic Development is further authorized to enter into and execute such other documents as may be necessary and proper to implement the terms ofthe Loem amd Security Agreement.

SECTION 3. This ordinemce shall be effective by and from the date of its passage.

Exhibit A attached to this ordinemce reads as follows:

Exhibit A

Security And Loan Agreement.

This Agreement is entered into and executed as of this day of , 19 , by and between the City ofChicago, Illinois, em Illinois! municipal corporation ("Lender"), by and through its Depeurtment of Economic Development ("DED"), having its offices at 20 North Cleu-k Street, emd Hyde Pau-k Theatres, Inc., am Illinois corporation, with principal offices at 5238 South Harper, Chicago, Illinois ("Borrower").

Recitals:

Whereas, DED was established on 10 Februeuy 1982 by ordinemce ofthe City Council of the City of Chicago; emd

i

Whereeis, DED has as its primary purpose > the creation of additional employment opportunities in the City ofChicago through the attraction emd expamsion of industrial and commercial development in the City; and

Whereas, DED has funds avadlable to it through the Community Development Block Gramt Program of the U.S. Depaurtment of Housing and Urban Development (in the amount of $1,500,000.00); and

Whereas, Borrower desires to borrow amd Lender desires to lend the sum of $150,000 ("Loam") for the purpose of rehabilitating emd resuming operations ofthe Hyde Park movie theatre.

Now, Therefore, in consideration ofthe mutual covenemts contadned herein amd for other good emd valuable consideration receipt of which is hereby acknowledged, the peurties agree as follows:

Section 1. The above recitals eu-e incorporated herein and made a part hereof by reference. '

Section 2. Definitions.

2.01 "Borrower's Liabilities" shall meem all obligations and liabilities of Borrower to Lender (including without limitation all debts, claims and indebtedness) whether primary, secondary, direct, contingent, fixed or otherwise heretofore, now and/or from time to time hereedler owing, due or payable, however evidenced, created, incurred, acquired or owing and however arising whether under this Agreement or the "Other Agreements" (hereineifter defined).


2.02 "Cheirges" shall meem all national, federal, state, county, city, municipal and/or other governmental (or any instrumentality, division, agency, body or depautment thereof), taixes, levies, assessments, charges, liens, cledms or encumbrances upon and/or relating to the "Collateral" (hereinafter defined). Borrower's Liabilities, Borrower's business. Borrower's ownership emd/or use of emy of its assets, amd/or Borrower's income and/or gross receipts.

2.03 "Collateral" shall meem those assets of Borrower (individually or collectively), now owned or hereedler acquired in which Borrower has gramted Lender a security interest as set forth in Section 4 of this Agreement as security for the Loan.

2.04 "Finemcials" shall meem those financial statements provided to DED at the time of application for the Loan and financial statements hereinedler provided to DED pursuamt to the terms of this Agreement.

2.05 "Indebtedness" shall meem all obligations emd liabilities of Borrower to emy Person (other them Lender), heretofore, now emd/or from time to time hereedter owed, whether under written or oral agreement, operation of law, or otherwise.

2.06 "Other Agreements" shall mean all agreements, instruments and documents heretofore, now, and/or from time to time hereedter executed by and/or on behalf of Borrower emd delivered to Lender by Borrower.

2.07 "Property" shall meam that certedn real estate located at 5238 South Harper, Chicago, Illinois, amd all buildings, facilities emd structures now existing or hereafter erected thereon.

2.08 "Project" shall meem all activities of Borrower on the Property using the proceeds of the Loan or other Indebtedness.

2.09 "Senior Lender" shall mean Hyde Park Bank.

Section 3. Loem.

The Loem shall be made upon the following terms and conditions:

3.01 The principal sum ofthe Loan shall be $150,000.

3.02 The term ofthe Loam shall be 5 yeaurs.

3.03 The rate of interest cheirged on the Loan, per annum, shall be seventy- five percent (75%) of that rate of interest charged by First National Bank ofChicago to its most creditworthy customers upon ninety (90) day unsecured loans, in effect from time to time ("Prime Rate"), payable in equal monthly installments in the amount set forth on [Lender statement(s) provided Borrower on or before the 10th day of January, April, July and October of each yeaur the Loem remains outstanding. The edbresaid interest rate shall be established as ofthe date of this Agreement is executed and shall be adjusted as ofthe first day of Janueury, April, July amd October of each year the Loam remadns outstamding. The first such interest adjustment shall be 1 April, 1985] [the schedule of payments provided by Lender not less than two weeks prior to the first payment date].


3.04 Repayment ofthe Loam shall be in 60 equal monthly installments of principal (plus interest thereon as adjusted from time to time pursuant to Paragraph 3.03 above. Payments shall be made on or before the 1st day of the month commencing on the 1st day of the first full month afler disbursement of the Loem proceeds in the amount(s) set forth on Lender's statement to Borrower).

3.05 Borrower expressly agrees that Loem proceeds shedl be used only in amounts and for purposes as follows:

(a) $ for the purchaise of equipment

$150,000

(b) $ for (rehabilitation)

amd only at the Property; emd that in occupying the Property, Borrower is not relocating from another labor eirea, nor has Borrower discontinued, liquidated or curtailed during the past 24 months emy production unit simileir to that which will be located at the above address except as peirt ofa consolidation pursuant to the Project.

Section 4. Gremt of Security Interest.

To secure the prompt payment to Lender of and the prompt, full and faithful performance of Borrower's Liabilites, Borrower gramts to Lender a security interest in amd to:

4.01 The Property

4.02 Inventory;

4.03 Goods (other than inventory), equipment, vehicles and fixtures, including all replacements, additions, accessions, and/or substitutions thereto and therefore; all products emd proceeds of the foregoing, including without limitation proceeds of insurance policies insuring the Collateral.

4.04 Borrower at its sole cost and expense, shall keep amd maintadn the Collateral insured for its full replacement value agadnst loss or damage by fire, thefl, explosion, floods emd all other hazeurds emd risks ordinarily insured agednst by other owners or users of such properties in similar businesses with insurers emd in amounts as may be reasonably satisfactory to Lender. Borrower shall deliver to Lender em original copy of each policy of insuremce, emd evidence of payment of all premiums therefor so long as the Loan is outstanding. Such policies of insurance shall contadn an endorsement showing Lender as an additional insured as its interests may appear. In addition, such policies and/or endorsement shall provide that the insurers shall give Lender not less them 30 days written notice of amy alteration or cancellation thereof. In the event Borrower at any time or times hereaifter shall fadl to obtadn or maintain any of the policies of insurance required under this Agreement or to pay amy premium in whole or in peurt when due, the Lender without waiving or releasing emy obligation or default by Borrower hereunder, may at emy time or times thereedler (but shall be under no obligation to do so) obtain emd maintain such policies of insurance emd pay such premium and tedce emy other action with respect thereto which Lender deems advisable to protect its interest in the Loan. All sums so disbursed by


Lender, including reasonable attorney's fees, court costs, expenses and other charges relating thereto, shall be payable by Borrower to Lender.

4.05 Borrower shall execute such financing statements and security agreements as Lender may request to assure Lender's security interest in the Collateral is perfected, which statements emd agreements shall be recorded with the Cook County Recorder of Deeds, the Secretary of State oflllinois, amd such other locations ais Lender may demamd to perfect its security interest in the Collateral.

4.06 All Borrower's Liabilities shall constitute one loam secured by Lender's security in the Collateral emd by all other security interests, liens, cledms and encumbrances now emd/or from time to time hereafler gremted by Borrower to Lender; provided however, that the Loan may be subordinated to the loan of the Senior Lender amd only the Senior Lender in em amount not to exceed $ •_. .

Section 5. Weurranties, Representations and Covenants.

Borrower weurrants, represents emd covenants to Lender as follows:

5.01 All presentations amd weurramties of Borrower contained in this Agreement emd the Other Agreements shall be true at the time of Borrower's execution of this Agreement, emd shall survive the execution, delivery and acceptance hereof by the parties hereto.

5.02 Except as disclosed in the Financials, (a) Borrower is now and at all times hereedler, em Illinois corporation duly organized and existing and in good stamding under the laws of the state of its (incorporation) as represented at the beginning of this Agreement; (b) Borrower has the right and power and is duly authorized emd empowered to enter into, execute, deliver emd perform this Agreement; (c) the execution, delivery and performance by Borrower of this Agreement shall not, by the lapse of time, the giving of notice or otherwise, constitute a violation of emy applicable law or breach of amy provision contained in Borrower's (Articles of Incorporation or By-laws) or contained in any agreement, instrument or document to, which Borrower is now or hereedler a pau-ty or by which it is or may become bound; (d) Borrower has and at all times hereedler shall have good, indefeasible emd merchantable title to emd ownership ofthe Collateral (as hereinadler defined), free amd cleeur of all liens, cledms, security interests and encumbrances except those of Lender emd as permitted pursuemt to Section 4 of this Agreement; (e) Borrower is now emd at all times hereafler shall be solvent amd able to pay its debts as they mature; (f) there eure no actions or proceedings which eire pending or threatened against Borrower (except as may be set forth in Borrower's application for the Loem), which might result in any material amd adverse change to Borrower's finamcial condition, or materially eiffect Borrower's assets or the Collateral as ofthe date of this Agreement; (g) Borrower has and is in good stamding with respect to all government permits, certificates, consents (including without limitation appropriate environmental clearamces and approvals) emd framchises necessairy to continue to conduct its business as previously conducted by it and to own or lease amd operate its properties (including but not limited to the Property) as now owned or leased by it; (h) Borrower is not in default with respect to any indenture, loan agreement, mortgage, deed or other similar agreement relating to the borrowing of monies to which it is a party or by which it is bound; (i) the Financials fairly and accurately present the assets, liabilities emd finemcial conditions emd results of operations of Borrower as of the date of application for the Loan and for the fiscal year immediately preceding the date of Financials submitted thereedler; and (j) there has been no material and adverse chemge in


the eissets, liabilities or financial condition of Borrower since the dates of the aiforesadd Finemcials.

5.03 Borrower shall cause all current outstanding loans emd/or liens to be subordinated to this Loem ff such subordination is necesseury to assure that Lender occupies no less them a (second) secured lien position on all of the Collateral. Borrower shall furnish Lender documents satisfactory to Lender which evidence Borrower's compliance with this Pau-agraph 5.03.

5.04 Except as permitted under Section 4 hereof. Borrower shall not, without Lender's prior written consent thereto, which Lender may or may not give in its sole discretion, concurrently or hereedler (a) grant a security interest in, assign, sell or tremsfer amy of the Collateral to any person, or permit, grant, or suffer or permit a lien, cladm or encumbramce upon emy ofthe Collateral; (b) permit or suffer any levy, attachment or restrednt to be made affecting emy of the Collateral; (c) enter into emy transaction not in the ordinaury course of its business which materially and adversely edfects Borrower's ability to repay Borrower's Liabilities or Indebtedness; or (d) permit the Tangible Net Worth, as measured in the emnual financial statements of Borrower to decrease more them 15% in amy calendar year subsequent to the date of this Agreement from the Temgible Net Worth of Borrower for the immediately prior financial yeau* (as shown in the financial statements).

5.05 Borrower shall pay promptly when due, all ofthe Chau-ges. In the event Borrower, at emy time or times hereafler, shall fail to pay the Chaurges or to obtain discheirges of the same. Borrower shall so advise Lender thereof in writing at which time Lender may, without wedving or releasing emy obligation or liability of Borrower under this Agreement, in its sole discretion, make such payment, or emy peirt thereof, or obtaiin such dischau-ge and take any other action with respect thereto which Lender deems advisable. All sums so paid by Lender and any expenses, including reasonable attorney's fees, court costs, expenses amd other charges relating thereto, shall be payable by Borrower to Lender. Notwithstanding emything herein to the contrary. Borrower may permit or suffer Charges to attach to its assets emd may dispute the same without prior payment thereof, provided that Borrower, in good faith shall be contesting sadd Cheirges in an appropriate proceeding emd the same are not in excess of $5,000, and Borrower has given such additional collateral and/or assurances as Lender in its sole discretion, deems necessary under the circumstances.

5.06 Borrower shall maintain financial records prepared not less frequently than eumually, in accordance with generally accepted accounting principles consistently applied by a certified public accountant emd certified to by the chief executive officer of Borrower. Within 90 days following the close of each fiscal yeeu- of Borrower, Borrower shall provide a copy of the aforesedd emnual finemcial statement(s) to Lender. (In addition. Borrower shall submit to DED quarterly statements of Borrower's financial condition prepared in accordance with generally accepted accounting principles consistently applied.)

5.07 Borrower shall immediately notffy Lender of emy emd all events or actions which may materially eiffect Borrower's abilities to cau-ry on its operations or perform all its obligations under this Agreement or any other agreements whether senior or junior to the Loem, and whether now existing or hereedler entered into by Borrower so long as any of Borrower's Liabilities remadn unsatisfied.

Section 6. Maintaining Records/Right to Inspect.


6.01 Borrower shall keep emd maintedn such books, records and other documents as shall be required by Lender and/or (the U.S. Department of Housing and Urban Development ("HUD") necesseu-y to reflect amd disclose fully the amount and disposition of the Loam proceeds, the total cost of the activities paid for, in whole or in peurt, with Loan proceeds, emd the nature of all activities which eure supplied or to be supplied by other sources. All such books, records amd other documents shall be available at the offices of Borrower for inspection, copying, audit and examination at all reasonable times by any duly authorized representative ofthe Lender and (HUD).

6.02 Any duly authorized representative ofthe Lender or (HUD) shall, at all reasonable times, have access to all portions ofthe Project.

6.03 The rights of access amd inspection provided in this Section 6 shall continue until the completion of all close-out procedures respecting the Loan and until the final settlement and conclusion of all issues eirising out ofthe Loan.

Section?. Jobs.

7.01 Borrower shall use its best efforts to create approximately 5 new, permanent jobs within 12 months afler execution of this Agreement.

7.02 Borrower shall report in writing to DED as DED may from time to time request, the numbers and kinds of jobs medntadned, created amd filled.

Section 8. Events of Default.

Borrower shall be in default under this Agreement upon the occurrence of any of the following Event(s) of Default or conditions, namely: (a) default in the payment or performemce of any obligations or of amy covenamts or liabilities contedned or referred to herein which default shall continue for a period of ten (10) days following notice thereof to Borrower; (b) amy wau-ramty, representation or statement made or furnished to Lender by or on behaff of Borrower proving to have been false in amy material respect when made or furnished; (c) loss, thefl, substantial damage, destruction, sale or encumbrance to or of any ofthe Collateral, or the making of any levy, seizure or attachment thereof or thereon except as expressly otherwise permitted under this Agreement; (d) death, dissolution, termination of existence, insolvency, business failure, appointment ofa receiver of auiy part ofthe assets of, assignment for the benefit of creditors by, or the commencement of emy proceeding under emy beuikruptcy or insolvency laws by or against the Borrower or any guarantor or surety of Borrower and for (b) through (d) of this Section 8, continuing for a period of sixty (60) days eifler notice thereof to Borrower; or (e) emy default to the Senior Lender which would permit Senior Lender, edler the expiration of amy applicable cure period thereunder, to accelerate its loam.

Section 9. Remedies.

Upon such default (regardless of whether the Unfform Commercial Code as applicable has been enacted in the jurisdiction where rights or remedies are asserted), and at any time thereafter (such default not having previously been cured as set forth in Section 8 above). Lender, at its option, may declare all Borrower's Liabilities secured hereby immediately


due and payable emd shall have the remedies of a secured party under the Uniform Commercial Code as adopted in Illinois ("Code") (emd the foreclosure provisions of 111. Rev. Stat., Chapter 110, Section 15-101 et. seq.), including without limitation, the right to take immediate amd exclusive possession of Collateral, or amy peurt thereof, emd for that purpose may, so far as Borrower cem give authority therefor, with or without judicial process, enter (ff this C8U1 be done without breach of the peace), upon emy premises on which the Collateral or any pau-t thereof may be situated emd remove the same therefrom (provided that ff the Collateral is affixed to real estate, such removal shall be subject to the conditions of the Code) amd Lender shall be entitled to hold, maintain, preserve amd prepaure the Collateral for sale, subject to Borrower's right to redemption, in satisfaction of Borrower's Liabilities as provided in the Code. To this end. Lender may require Borrower to assemble the Collateral amd make it avadlable to Lender for possession at a place to be designated by Lender which is reasonably convenient to both peurties. Unless the Collateral is perishable or threatens to decline rapidly in value or is of a type customarily sold on a recognized meirket. Lender will give Borrower at least five (5) days notice ofthe time and place of any public sale thereof or of the time edler which any private sale or any other intended disposition thereof is to be made. The requirements of reasonable notice shall be met ff such notice is mailed, postage prepadd, to the address of Borrower shown in the beginning of this Agreement at least five (5) days before the time of the sale or disposition. Lender may buy at any public sale, and ff the Collateral is ofa type customarily sold on a recognized market or is ofa tjrpe which is the subject ofa widely distributed standard price quotations, it may buy at private sale. The net proceeds realized upon amy such disposition, edler deduction for the expenses or reteiking, holding, prepeiring for sale, selling or the like, and reasonable attorney's fees emd legal expenses incurred by Lender in connection therewith, shall be applied in satisfaction of Borrower's Liabilities secured hereby. Lender will account to Borrower for emy surplus realized on such disposition and Borrower shall remeiin liable for emy deficiency.

The remedies of Lender hereunder aire cumulative emd the exercise of emy one or more of the remedies provided for herein or under the Code shall not be construed as a wedver of emy of the other remedies of Lender so long as emy peu-t of Borrower's Liabilities remain unsatisfied.

Section 10. No Wadver by Lender.

Lender's failure at emy time or times hereafler to require strict performance by Borrower of emy provision of this Agreement shall not waive, affect or diminish any right of Lender thereadler to demand strict compliance emd performance therewith, nor shall emy wadver by Lender of a Borrower's Event of Default wedve, suspend or eiffect emy other Event of Default under this Agreement, whether the same is prior or subsequent thereto, and whether ofthe same or ofa different type.

Lender's delay in instituting or prosecuting any action or proceeding or otherwise asserting its rights hereunder, shall not operate as a waiver of such rights or limit them in emy way so long as an Event of Default shall be continuing.

(Section 11. Labor Standards.

2/4/85 REPORTS.OF COMMITTEES 12985

ff Loam proceeds aure used for construction. Borrower shall be required to meet (including all contractors of Borrower) labor stemdards emd prevailing wage schedules of the Davis-Bacon Act, as amended (40 U.S.C. 276-a-5).)

Section 12. Equal Employment.

Borrower emd its successors emd assigns, agree that during the term ofthe Loan:

12.1 Borrower will not discriminate against emy employee or applicant for employment on account of race, religion, color, sex, or national origin. Borrower will tadce eiffirmative action to ensure that applicemts are employed emd that employees are treated during employment, without regeurd to race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: (a) employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. Borrower agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

12.2 Borrower will in all solicitations of, or advertisements for, employees placed by or on its behaff, state that all qualified applicamts will receive consideration for employment without regeurd to race, religion, color, sex or national origin.

12.3 Discrimination as used herein shall be interpreted in accordamce with federal law as construed by court decisions. This:covenamt may be enforced solely by the City and solely agaiinst the peurty who breaches this covenamt.

Section 13. Discledmer of Relationship.

Nothing contained in this Agreement, nor amy act of the Lender, shall be deemed or construed by amy of the paurties, or by third persons, to create amy relationship of third-party beneficiau-y, or of principal or agent, or of limited or general peirtnership, or of joint venture, or amy association or relationship involving Lender.

Section 14. Conflict of Interest.

No member, official or employee of Lender shall have amy personal interest, direct or indirect, in the Borrower's business; nor shall emy such member, ofHcial or employee participate in any decision relating to Borrower's business which affects his/her personal interests or the interests of amy corporation, peurtnership or association in which he/she is directly interested.

Section 15. Limitation of Liability.

Borrower expressly agrees that no member, official, employee or agent of Lender shall be individually or personally liable to Borrower, its successors or assigns in the event of any default or breach by Lender under this Agreement.

Section 16. Non-Assignability.

16.01 Borrower may not sell, assign or transfer this Agreement.

12986 JOURNAL-CITY COUNCIL-CmCAGO 2/4/85

16.02 Borrower consents to Lender's sale, assignment, transfer or other disposition, at any time and from time to time hereedler, of this Agreement, in whole or in part.

Section 17. Additional Provisions.

17.01 This Agreement may not be altered ;,or amended except by written instrument signed by all peu-ties hereto.

17.02 All notices, certificates or other communications required or given hereunder shall be in writing auid placed in the United States mails, registered or certffied, return receipt requested, first class postage, prepedd and addressed as follows:

ff To Lender: Depeirtment of Economic Development of the City of Chicago Room 2800 20 North Clark Street Chicago, Illinois 60602 Attention: Commissioner

ff To Borrower: Hyde Peurk Theatres, Inc. 5238 South Harper Chicago, Illinois 60615 Attn: Mr. Richard Rosenfeld

With Copies To: Corporation Counsel of the City of Chicago Room 511-City Hall 121 North LaSalle Steel Chicago, Illinois 60602

The parties may designate emy further or different addresses to which subsequent notices, certfficaLtes or other communications shall be sent.

17.03 ff any provision hereof is held invalid or unenforceable by emy court of competent jurisdiction, such provision shall be deemed severed from this Agreement to the extent of such invalidity or unenforceability, amd the remadnder hereof will not be affected thereby, each ofthe provisions hereof being severable in emy such instance.

17.04 This Agreement shall be governed by emd construed in accordemce with the laws of the State of Illinois.

In Witness Whereof, Lender and Borrower have caused this Agreement to be duly executed emd delivered as ofthe date first above written.

[Signature form omitted for printing pruposes.]

EXECUTION OF LOAN AND SECURITY AGREEMENT AUTHORIZED WITH CHARLES AND DEIRDRE CLAYTON d/b/a PEPE'S MEXICAN

RESTAURANT, LOCATED AT 319 EAST 31st STREET.


The Committee on Finemce submitted a report recommending that the City Council pass the following proposed ordinemce transmitted therewith, authorizing the execution of a loan and security agreement between the City ofChicago and Pepe's Mexican Restauramt, located at 319 East 31st Street in the amount of $20,000 for purchase of new machinery and equipment emd working capital.

On motion of Alderman Burke, the sedd piroposed ordinemce was Passed by yeas emd nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nau-dulli, W. Davis, Smith, D. Davis, Hagopiam, Santiago, Gabinski, Mell,' Kotleuz, Banks, Damato, Laurino, Pucinski, Natarus, Obermam, Hamsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 45.

Nays — None.

The following is said ordinamce as passed:

WHEREAS, The Department of Economic Development ofthe City of Chicago has as its primaury purpose the creation of additional employment opportunities in the City of Chicago through the attraction emd expamsion of economic development activity in the City; and

WHEREAS, The State oflllinois has made available to the City ofChicago, through the federal Community Service Block Gramt Program, a grant in the amount of $656,000 to be used to make low interest loems to start up and expanding businesses; and

WHEREAS, Charles emd Deirdre Clayton d/b/a Pepe's Mexican Restauremt, an Illinois sole proprietorship, has made application to the Depeurtment of Economic Development to borrow $20,000 for purposes of purchasing machinery emd equipment, emd working capital, which will result, among other things, in the creation of em estimated 15 new, permanent job opportunites for low emd moderate income persons residing in the City; and

WHEREAS, The Economic Development Commission has approved the application of Charles emd Deirdre Clayton d/b/a Pepe's Mexican Restauremt; now, therefore.


SECTION 1. The Commissioner of Economic Development is authorized to enter into and execute, subject to review as to form emd legality by the Corporation Counsel, a Loan and Security Agreement with Charles and Deirdre Clayton d/b/a Pepe's Mexican Restaurant; pursuemt to which the City will loem $20,000 to Pepe's Mexican Restauramt, to assist Cheurles emd Deirdre Clayton d/b/a Pepe's Mexicem Restaurant to begin operations, said Loan and Security Agreement to be substantially in the form attached hereto as Exhibit A.

SECTION 2. The Commissioner of Economic Development is further authorized to enter into and execute such other documents as may be necesseu-y and proper to implement the terms ofthe Loan and Security Agreement.


SECTION 3. This ordinemce shall be effective by emd from the date of its passage.

Exhibit A attached to this ordinamce reads as follows:

Exhibit A.

Agreement made in Chicago, Illinois, as ofthe day of , 19 , between the City of Chicago, Illinois, an Illinois municipal corporation ("City"), by and through its Department of Economic Development ("DED"), having its offices at 20 North Clark Street, Chicago, Illinois 60602, amd Pepe's Mexican Restauremt ("Borrower") an Illinois sole proprietorship having its principal offices at 319 E. 31st Street, Chicago, Illinois 606_.

Recitals:

Whereas, DED has as its primary purpose the creation of additional employment opportunities in the City of Chicago through the attraction and expansion of economic development in the City; amd

Whereas, the State of Illinois has made available to the City grant funds in the amount of $656,000 to make low cost loans to steurt-up emd expanding businesses, and known as the Illinois Fixed Rate Loem Fund Program; emd

Whereas, Borrower desires to expemd its existing restaurant business located at 319 East 31 st Street, Chicago, Illinois, which will allow Borrower to create new employment opportunities; and

Whereas, Borrower has made application to DED to borrow $20,000 under the Illinois Fixed Rate Loan Fund Program ("City Loem"); and

Whereas, in response to said application, DED has recommended the Economic Development Commission approve Borrower's application upon which approval, DED will loem Borrower $20,000; emd

Whereas, Borrower desires to borrow sedd amount from the City, and the City is willing, subject to the terms emd conditions herein, to lend said amount to Borrower;

• 1 •

Now, therefore, the peu-ties hereto agree as follows:

Section I. Consideration.

In consideration of the City and Borrower entering into and executing this Agreement, and agreeing to perform their respective obligations as set forth in Exhibit A attached hereto emd

Section II. Loan.

The City shall make a loaui to Borrower amd Borrower shall borrow from the City an amount and upon terms amd conditions as set forth in Exhibit B attached hereto and made


a paut hereof. The Loam shall be secured emd gueu-amteed as set forth in Exhibit C attached hereto amd made a pau-t hereof

Section III. Borrower's Covenemts.

3.1. Borrower shall proceed diligently to carry out its development pursuant to Exhibit A.

3.2. Borrower shall use its best efforts to effect 15 new, permament hirings to its work force within 12 months edler final disbursement of the Loan proceeds, sedd hirings to be made pursuant to the First Source Agreement to be executed between the City and Borrower eis a condition precedent to initial disbursement of emy Loem proceeds, a copy of which is attached hereto emd made a paurt hereof as Exhibit D.

3.3. Borrower shall provide evidence of private financing as set forth in Exhibit D attached hereto amd made a part hereof.

3.4. The time frame for the beginning emd completion of the Borrower's development plans shall be as specffied in Exhibit E attached hereto and made a peurt hereof

Section IV. Inspection and Review.

4.1. Books and Records. Borrower shall keep auid medntain such books, records and other documents as may be reasonably necesseiry to reflect amd disclose fully the amount emd disposition ofthe proceeds ofthe Loem, the total cost ofthe activities paid for, in whole or in part, with proceeds ofthe Loan, and the amount emd nature,of all investments related to such activities which eu-e supplied or to be supplied by other sources. All such books, records amd other documents shall be avadlable at the offices of Borrower for inspection, copying, audit and examination at all reasonable times by any duly authorized representative ofthe City.

4.2. Site Visits. Any duly authorized representative ofthe City shall, at all reasonable times, have access to all portions ofthe Borrower's business facility.

4.3. Duration of Inspection Rights. The rights of access emd inspection provided in this Section IV shall continue until the completion of all close-out procedures respecting the City Loem and until the final settlement emd conclusion of all issues eirising thereunder.

Section V. Amendment of this Agreement.

During the term of this Agreement, it shall not be amended without the prior written approval of DED.

Section VI. Disclaimer of Relationship.

Nothing contedned in this Agreement, nor any act of the City, shall be deemed or construed by any of the parties, or by third persons, to create any relationship of third-peurty beneficiary, or of principal or agent, or of limited or general partnership, or of joint venture, or of any association or relationship involving the City.

Section VII. Time ofthe Essence.


Time is ofthe essence of this Agreement.

Section VIII. Restrictions on Use.

During the term of the Loan, Borrower shall devote the Property solely for purposes of conducting its business.

Section IX. No Waiver of Default.

Except as otherwise set forth herein, emy delay by the City in instituting or prosecuting emy action or proceeding or otherwise asserting its rights shall not, so long as the breach or default by emother peirty shall be continuing, operate as a wedver of such rights or to deprive it of, or limit such rights in any way, nor shall emy waiver in fact made by the City with respect to emy specffic default by Borrower under this Agreement be considered or treated as a wadver ofthe rights ofthe City with respect to any other defaults by Borrower under this Agreement, or with respect to the pairticular default, except to the extent specffically wedved in writing.

Section X. Conflict of Interest.

No member, official or employee of the City shall have any personal interest, direct or indirect, in this Borrower's business; nor shall amy such member, official or employee psu-ticipate in emy decision relating to Borrower's business which affects his personal interests or the interests of emy corporation, peirtnership or association in which he is directly or indirectly interested.

Section XI. Limitation of Liability.

Borrower expressly agrees that no member, official, employee or agent of City shall be individually or personally liable to Borrower, their successors or assigns in the event of emy default or breach by the City under this Agreement.

Section XII. Equal Employment Opportunity.

Borrower emd its successors and assigns, agree that during the term ofthe Loan:

12.1. Borrower will not discriminate agadnst any employee or applicant for employment because of race, religion, color, sex or national origin. Borrower will take affirmative action to ensure the applicants eure employed, and that employees are treated during employment, without regeurd to race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion, tramsfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. Borrower agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

12.2. Borrower will, in all solicitations of, or advertisements for, employees placed by or on its behaff, state that all qualffied applicants will receive consideration for employment without regeu-d to race, religion, color, sex or national origin.

2/4/85 REPORTS OF COMMITTEES. 12991

12.3. Discrimination as used herein shall be interpreted in accordance with federal law as construed by court decisions. This covenamt may be enforced solely by the City and solely against the peurty which breaches this covenamt.

Section XIII. Additional Provisions.

13.1. All notices, certfficates or other communications shall be sufficiently given amd shall be deemed to have been given on the second day following the day on which the same have been medled by registered or certffied madl, postage and fees prepadd, addressed as follows:

ff to City: City ofChicago, Illinois City Hall-Room 511 121 North LaSalle Street Chicago, Illinois 60602 Attention: Corporation Counsel

ff to Borrower: Charles and Deirdre Clayton d/b/a Pepe's Mexican Restauremt 319 East 31st Street Chicago, Illinois Attn: Mr. Cheirles Clayton

With a copy to:

The peirties, by notice given hereunder, may designate emy further or different addresses to which subsequent notices, certfficates or other communications shall be sent.

13.2. ff any provision hereof is held invalid or unenforceable by emy court of competent jurisdiction, such provision shall be deemed severed from this Agreement to the extent of such invalidity or unenforceability, emd the remadnder hereof will not be affected thereby, each ofthe provisions hereof being severable in emy such instance.

13.3. This Agreement shall be governed by emd construed in accordance with the laws of the State oflllinois.

In Witness Whereof, the City of Chicago and Borrower have caused this Agreement to be duly executed emd delivered as ofthe date first above written.

[Signature forms omitted for printing purposes. ]

Exhibits A, B, C and D attached to the foregoing Loan and Security Agreement read as follows:

Exhibit A

To Loan And Security Agreement.


1. The City shall lend Borrower $20,000 which loem shall constitute no more than 20% of the total cost of its development plans.

2. Borrower agrees to do the following:

(a) Borrower shall expand its business for a total of $102,700.

(b) Borrower shall borrow from Drexel National Bemk at least $67,600 which loan shall be guaranteed by the United Sta tes Small Business Administration.

Exhibit B


The terms and conditions ofthe City Loem eure as follows:

1. The Term of the City Loan shall be 7 yeeurs.

2. The principal amount ofthe City Loem shall be $20,000.

3. Interest at the rate of 3% per eumum shall be cheurges on the principal City Loan eunount.

4. No disbursement of City Loan proceeds shall be made unless and until Borrower shall have:

(a) Gramted the City em interest in such of its assets as the City shall require as security for repayment of the Loan. City shall subordinate its security interest, at Borrower's request, to security interests of other lenders, their assigns and/or guau-antors in an amount not to exceed $67,700.

(b) Unless emd until Borrower shall have furnished to City a Builder's Risk emd Fire Insurance policy or policies duly endorsed to indicate City as insured lender.

(c) Executed a First Source Agreement for hiring with the City eis set forth in Exhibit D.

5. Repayment shall be in 84 equal instal lments of principal and interest , commencing on the 1st day of the 1st month following final disbursement City Loam proceeds, and on the 1st day of each month thereadler until the City Loam is paid in full.

6. As an incentive to achieve and maintain hiring levels as set forth in this Agreement, Borrower may eairn credit for interest paid on the City Loan as follows:

(a) ff Borrower achieves its employment levels pursuant to Section 3.2 of this Loan emd Security Agreement, it shall accrue credit for interest paid from


initial disbursement date of the City Loam through the end of the calendau-yeeir in which the aforesadd employment level is met.

(b) For each calendar year up to 5 yeeirs afler achieving its employment levels. Borrower meiintadns said levels. Borrower shall accrue one year's credit on interest paid in that yeeu*,- on the City Loam.

(c) Credit accrued pursuant to (a) amd (b) above shall be paid to Borrower by dividing the accrued credits into 9 equal amounts and deducting said aunounts from each of the final 9 payments ofthe City Loam term as due amd owing.

(d) In the event Borrower elects to prepay the City Loan pursuant to Section 8 of this Exhibit B, amy accrued shall be a set off of the City Loan payoff amount, emd any accrued credit remaining adler such set off shall be paid to Borrower within 60 days afler the date the City Loan is prepaid.

(e) The parties expressly agree that accrued credit shall be calculated on actual interest pedd by Borrower on the City Loan, and any interest earned thereon shall belong exclusively to the City.

The following shall be required of Borrower as Conditions Precedent to disbursement of loem proceeds:

(a) Borrower shall certffy to City that Borrower has sufficient funds on hemd or irrevocably available to it to complete its obligations under the Agreement emd has identffied the sources of sadd funds;

(b) Borrower shall have furnished to City, duly executed financial statements to be filed by the City, with the Secreteury of State of Illinois and Cook County Recorder of Deeds, respectively;

(c) Borrower shall have furnished to City insurance policies indicating that Borrower, at its sole cost and expense, shall keep and maintain the Collateral insured for the full replacement value ageiinst loss or damage by fire, thefl, explosion, sprinklers emd all other hazards and risks ordinarily insured agednst by other owners or users of such properties in similar businesses. Said policy or policies shall be duly endorsed indentffying the City as a loss payee, as its interests appeau-;

(d) Borrower ff appropriate shall have furnished to City, duly executed Certfficates of Inspection and Acceptance, certffying that the equipment described in the Loan and Security Agreement has been installed, inspected, and is in place, emd in good working condition;

(e) Original executed Waivers of Mechanics Liens, Contractors and/or Subcontractors, Sworn statements of work completed to date;

(f) Certification by Borrower's architect of work completed to date in accordance with approved plans and specifications on A.I.A. forms or reasonable equivalents thereof;


(g) Personal Guarantee ofCharles and Deirdre Clayton;

(h) Consent of Senior Lender to City's Loam, amd security interest.

Exhibit C


As security for the City Loan to be made pursuant to this Agreement, Borrower agrees asfollows:

1. Gremt of Security Interest in Personality. Borrower hereby gremts to City a security interest in:

(a) All machinery, furnishings and equipment now owned or hereedler acquired; amd

(b) All accounts, accounts receivable, notes, chattel paper, or writings evidencing a moneteiry obligation, contract rights emd other creditors' interests now or hereedter existing in favor of or owned or acquired by Borrower emd all goods hereedler sold by Borrower emd thereafter returned, reclaimed or repossessed; and

(c) All inventory used or consumed in Borrower's business or held for sale or lease (including without limitation raw materials, work-in-process and finished goods) now owned or hereafter acquired, emd all products thereof; emd

(d) Proceeds, including insuramce proceeds, of any emd all ofthe foregoing (hereinafter collectively "Collateral").

City's aforesedd security interest is subordinate to the security interest in favor of Drexel National Bemk (the "Senior Lender").

2. Weurramties and Covenemts of Borrower. Borrower hereby weurramts emd covenemts that:

(a) The Collateral is used primarily for business use;

(b) Borrower's chief place of business is in the State oflllinois;

(c) The Collateral will be kept at 319 E. 31st Street, Chicago, Illinois;

(d) Borrower will promptly notffy City of emy change in the location of the Collateral within sadd State;

(e) Borrower vnll not remove the Collateral from said State without the prior written consent of City except Collateral sold in the ordinary course of Borrower's business;

(f) Except for the security interest granted hereby, and security interests in favor of the Senior Lender, Borrower is the owner of the Collateral free from any adverse lien, security interest or encumbrance; and Borrower will defend the Collateral against all cladms amd demands of all persons at any time claiming the same or any interest therein;

2/4/85 REPORTS.OF COMMITTEES 12995

(g) Except with respect to the Senior Lender, no financing statement covering emy of the Collateral or emy proceeds thereof is on file in amy public office. The Borrower shall immediately notffy City in writing of any change in address from that shown in this Agreement amd shall also, upon demand, furnish City such further information and shall execute amd deliver to City such finamcing statements emd other documents in form satisfactory to City and shall do all such acts amd things as City may, at amy time or from time to time, reasonably medntain a perfected security interest in the Collateral as security for the obligations, subject to no adverse liens or encumbrances except with respect to the Senior Lender; emd Borrower will pay the cost of filing the same or filing or recording this Agreement in all public offices wherever filing or recording is deemed by City to be necesseuy or desirable;

(h) Borrower will not sell or offer to sell, assign, pledge, lease or otherwise transfer or encumber the Collateral or amy interest therein, without the prior written consent of City;

(i) Borrower shall keep the Collateral at all times insured against risks of loss or damage by fire (including so-called extended coverage), thefl emd such other casualties eis City may reasonably require, including collision in the case of emy motor vehicle, all in such amounts, under such forms of policies, upon such terms, for such periods emd written by such companies or underwriters as City may approve, losses in all cases to be payable to City and Borrower ais their interests may appear. All policies of insuremce shall provide for at least thirty (30) days' prior written notice of camcellation to City. Borrower shall furnish City with certificates of such insurance or other evidence satisfactory to City as to compliance with the provisions of this subparagraph. City may act as attorney for Borrower in making, adjusting and settling claims under and canceling such insuramce amd endorsing Borrower's name on any drafts drawn by insurers of the Collateral;

(j) Borrower will keep the Collateral free from any adverse lien, security interest or encumbramce, other tham that of the Senior Lender, and in good order and repadr, shall not waste or destroy the Collateral or amy part thereof, and shall not use the Collateral in violation of any statute, ordinemce or policy of insurance thereon. City may examine emd inspect the Collateral at any reasonable time or times, wherever located;

(k) Borrower will pay promptlyv when due all taxes and assessments upon the Collateral or for its use or operationjor upon this Agreement or upon any note or notes evidencing the obligations.

3. Additional Rights of Parties. At its option. City may discheirge taxes, liens or security interests or other encumbremces at any, time levied or placed on the Collateral, may place amd pay for insuramce on the Collateral upon fadlure by the Borrower afler having been requested to do so, to provide insurance satisfactory to the City, emd may pay for the maintenance, repadr and preservation of the Collateral. To the extent permitted by applicable law. Borrower agrees to reimburse City on demand for any payment made, or any expense incurred by City pursuant to the foregoing authorization. Until default. Borrower may have possession of the Collateral and use it in any lawful manner not inconsistent with this Agreement and not inconsistent with any policy of insurance thereon.


4. Events of Default. Borrower shall be in default under this Agreement upon the occurrence of amy ofthe following events or conditions, namely: (a) default in the payment or performance of any of the obligations or of any covenants or liabilities contained or referred to herein, or in amy of the obligations; (b) any warranty, representation or statement made or furnished to City by or on behaff of Borrower proving to have been false in amy material respect when made or furnished; (c) loss, theft, substantial damage, destruction, sale or encumbrance to or of amy ofthe CoUaterad, or the making of amy levy, seizure or attachment thereof or thereon; (d) death, dissolution, termination of existence, insolvency, business failure, appointment of a receiver of emy part of the property of, assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against. Borrower or any gueiremtor of surety for Borrower, default to the Senior Lender.

5. Remedies. Upon such default (regaurdless of whether the Code has been enacted in the jurisdiction where rights or remedies are asserted), amd at any time thereeffter (such default not having previously been cured). City, at its option, may decleure all obligations secured hereby immediately due and payable and shall have the remedies of a secured peurty under the Unfform Commercial Code of Illinois, including, without limitation, the right to take immediate and exclusive possession ofthe Collateral, or any part thereof, and for that purpose may, so far as Borrower cem give authority therefor, with or without judicial process, enter (ff this can be done without breach of the peace), upon emy premises on which the Collateral or any part thereof may be situated and remove the same therefrom (provided that ff the Collateral is eiffixed to real estate, such removal shall be subject to the conditions stated in the Unfform Commercial Code oflllinois) and City shall be entitled to hold, medntadn, preserve amd prepeu-e the Collateral for sade, until disposed of, or may propose to retedn the Collateral subject to Borrower's right of redemption in satisfaction of Borrower's obligations as provided in the Unfform Commercial Code of Illinois. City, without removal, may render the Collateral unusable amd dispose of the Collateral on the Borrower's premises. City may require Borrower to assemble the Collateral emd madce it avedlable to City for possession at a place to be designated by City which is reasonably convenient to both psu-ties. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, City will give Borrower at least five (5) days' notice of the time and place of amy public sale thereof or of the time edler which any private sale or any other intended disposition thereof is to be made. The requirements of reasonable notice shall be met ff such notice is madled, postage prepaid, to the address of Borrower shown at the beginning of this Agreement at least five (5) days before the time of the sale or disposition. City may buy at emy public sale, and ff the Collateral is ofa type customarily sold on a recognized meurket or is of a tjrpe which is the subject of widely distributed standeurd price quotations, it may buy at private sale. The net proceeds realized upon amy such disposition, edler deduction for the expenses or reteiking, holding, prepeuring for sale, selling or the like, emd the reasonable attorneys' fees emd legal expenses incurred by City in connection therewith, shall be applied in satisfaction of the obligations secured hereby. City will account to Borrower for any surplus realized on such disposition and Borrower shall remain liable for any deficiency.

The remedies of the City hereunder aue cumulative and the exercise of amy one or more ofthe remedies provided for herein or under the Unfform Commercial Code oflllinois shall not be construed as a waiver of any of the other remedies of City so long as any part of the Borrower's obligations remain unsatisfied.


6. General.

(a) No waiver by City of any default shall operate as a waiver of any other default or of the same default on a future occasion. All rights of City hereunder shall inure to the benefit of its successors and assigns; emd all obligations of Borrower shall bind its heirs, executors or administrators or its successors or assigns. This Agreement shall become effective when it is signed by Borrower.

(b) All rights of City to and under this Agreement and in emd to the Collateral shall pass to emd may be exercised by emy assignee thereof. Borrower agrees that ff City gives notice to Borrower of an assignment of sadd rights, upon such notice, the liability of Borrower to the assignee shall be immediate emd absolute. Borrower will not set up any cledm ageiinst City as a defense, countercledm or set off to any action brought by emy such eissignee for the unpaid balance owed hereunder or for possession of the Collateral, provided that Borrower shall not weiive hereby amy right of action to the extent that wedver thereof is expressly made unenforceable under applicable law.

(c) The terms amd provisions contadned herein shall, unless the context otherwise requires, have the meemings emd be construed as provided in the Unfform Commercial Code oflllinois.

7. Additional Security. Collateral assignment of all leases emd rents necesseiry for the operational success of Borrower's business.

8. Guaremtee. The repayment of the Loem shall be unconditionedly emd irrevocably guaranteed by Cheules and Deirdre Clayton.

Exhibit D

First Source Agreement.

The First Source Agreement for recruitment, referral, emd placement is between the City ofChicago, Mayor's Office of Employment emd Traiining, (hereinadler referred to as the "Agency"), and , (hereinedler referred to as "Employer"). Under this First Source Agreement, Employer will use the Agency as its first source for recruitment, referral emd placement of covered positions.

Recitals.

Whereas, the Agency wishes to assure continuing employment opportunities for economically disadvemtaged City residents with employers located within the City limits.

Whereas, the Employer agrees to use the Agency as a first source for recruitment, referral and placement of employees in covered positions as consideration for the Department of Economic Development (DED) making a loan to Employer under the Illinois Fixed Rate Loem Program.

Now, therefore; the parties hereto agree as follows:

Section I. The above recitals are expressly incorporated and made a part hereof


Section II. Consideration. In consideration of Agency emd Employer entering into and executing this Agreement emd agreeing to be bound by the terms emd conditions hereof, emd for other good and valuable consideration. Agency and Employer agree as hereinedler set forth.

Section III. Term. This Agreement shall take effect when signed by the parties below amd shall be in full force amd effect for a period of five (5) yeau-s.

This Agreement shedl not be construed as a loam agreement, ff, for amy reeison, the City Loem above should be withdrawn or cemcelled by DED, this Agreement will be null emd void.

rv. Recruitment.

A. The Agency and Employer agree that for purposes of this agreement, "covered positions" include all of Employer's entry level job openings and any other negotiated positions created as a result of the City Loem. These may include job vacamcies made avedlable edler internal promotions and terminations or openings created by em expansion of the Employer's workforce, all of which will be negotiated. Nothing in this agreement will release the Employer from his obligation to fill entry level positions with persons referred by the Agency except as stated below in items V (Referral) amd VI (Hiring).

B. No later them seven (7) working days afler approval of the loem to Employer, Employer will submit to the Agency, a First Source Prospect Notification. (Attachment A)

C. At least eighteen (18) working days prior to the emticipated hiring dates, the Employer will notffy the Agency of its needs for new employees in covered positions by completing a "Job Order Form" (Attachment E) for each job title. This form is to be completed in consultation with em Agency representative. Applicemts who meet these quemtffiable and objective minimum job qualffications will be deemed to be "qualffied persons" for purposes of this agreement.

D. The Employer will also notffy the Agency of all position vacamcies which are not "covered positions" as described in Sections IV A, B, amd C, above as they occur. Notffication should include qualffications, the rate of pay and the emticipated hiring dates. The Employer will also notffy the Agency of the date by which the Agency must refer qualffied applicants to the Employer for management, technical amd professional vacancies.

E. Job openings to be filled by internal promotion from within the Employer's local workforce need not be referred to the Agency for referral and hiring, ff, however, a job opening is created as a result of an internal promotion, the provisions of Section IV A above shall apply.

V. Referral.

A. The Agency will refer eligible job applicants to the Employer in response to the notffication of need for new employees described in Section IV above. It will be the


responsibility ofthe Agency to refer only qualffied applicamts who meet the profile ofthe Employer as detadled in the Job Order Form. (Attachment B)

B. The Agency will screen applicemts according to the qualffications agreed upon with the Employer.

C. The Agency will notffy Employer of all intended referrals no later them ten (10) working days prior to the emticipated hiring date, emd will effect all referrals no later them five (5) working days prior to the emticipated hiring date. The Agency will make every reasonable effort to refer at least one qualffied person for each job opening.

D. In the event the Agency camnot refer the total number of qualffied personnel requested, the Employer will be free to directly fill remadning positions for which no qualffied applicamts have been referred. In this event, the Employer will make a best effort to hire unemployed Chicago residents.

E. In the event that the Employer does not hire referred personnel the Employer should, at a minimum, indicate in writing the reasons for not hiring.

VI. Hiring.

A. The Employer will madce all decisions on hiring new employees. However, the Employer agrees to madce a best effort to hire from referrals made.

B. The Agency will tract job retention of employees hired under this agreement for 120 days following hiring. 'The Employer agrees to cooperate in the Agency's follow-up efforts.

. C. The Agency is required to monitor Employer's adherence to this agreement. Employer will cooperate in the Agency's monitoring efforts and will submit Quau-terly Hiring Summaries ih accordemce with Attachment "C".

D. After the Employer has selected its employees, the Agency will not be responsible for the employee's actions emd the Employer hereby releases the Agency of any liability for their actions.

VII. Training.

A. The employer will not discontinue job emd workplace orientation due to this eigreement.

B. The Agency emd the Employer may agree to develop additional on-the-job or customized training programs through the Job Training Partnership Act; the tredning specffications and costs for such training will be mutually agreed upon by the Employer emd the Agency and will be covered in a separate training agreement.

VIII. Controlling Regulations and Laws.


A. ff this agreement conflicts with any labor laws or other government regulations, the laws or regulations shall prevadl.

B. The Employer will provide the Agency with written documentation that the Employer has provided the representative of amy involved collective bau-gadning unit with a copy of this agreement emd has requested comments or objections, ff the representative hais amy comments or objections, the Employer will provide them to the Agency.

C. The Employer will not discriminate against any applicant for employment because of race, religion, age, hemdicap, color, sex, national origin, citizenship, or politicad affiliation.

EX. Indemnity.

The Employer vnll indemnffy the Agency for amd hold the Agency harmless from any cladms or liabilities asserted against the Agency by applicants for employment or employees employed by the Employer or amy other cledms asserted with respect to this limitation, all nature of cledms asserted against the Agency as well as the costs and attorneys fees incurred by the Agency in defending agednst amy such claim, ff, in the best judgment ofthe Agency auid its legal counsel, amy such cledms should be settled for a reasonable sum, the Employer will also indemnffy the Agency for the settlement amount emd costs incurred by the Agency in effectuating the settlement.


Exh ib i t s

To Loan and Security Agreement.

Borrower shall complete its development plan within 12 months of the date of this Agreement first set forth above.

[Attachments A, B, and C au-e printed on pages 13001 thru 13005 of this Journal.]

LOAN AUTHORIZED FOR SILENT COOPERATIVE RELATING TO THEIR DEVELOPMENT AT

BELMONT AND CAMPBELL AVENUES.

The Committee on Finamce submitted a report recommending that the City Council pass a proposed ordinance tramsmitted therewith, authorizing a loam to the Silent Cooperative, a not-for-profit corporation, in the amount of $162,018.00, for marketing, education and tredning expenses related to their development at Belmont and Campell Avenues.

On motion of Aldermein Burke, the sedd proposed ordinemce was Passed by yeas and nays as follows:

(Continued on page 13006)

2/4/85 REPORTS OF COIVEVOTTEES 13001

7 FIRST SOURCE PROSPECT NOTIFICATIO:Z

City of Chicago Mayor's Office of Employment & Training

Date of Referral:

NAME OF PROSPECTIVE CONTRACTOR or EMPLOYER:

Address: (Zip).

Contact Person: Title:

Telephone No. of Contact:

Referring Department:

Department FSP Coordinator:

Telephone No. of Coordinator:

Type of Agreement Being Negotiated:

Description of Agreement:

Status of Agreement:

Anticipated Date for Finalizing Agreement:

Potential Employment Opportunities for Unemployed Persons:

Yearly No. of Job Title Salary Positions Training Needed


Additional Comments;

Received: / /_

By:

2/4/85 REPORTS OF COIVIMITTEES 13003

1* Employer _

3 . Job Tit le

5. Job Location

6. Contact Person

7; Super/isor

JOO ORDER FORM

MAYOR'S OFFICE OF EMPLOYMEfiT A:iO TRAiriltiG

2. Date

_4. Number of 0;ii;.nings

Phone

8. Beginning datB_ _Enciing

9. Starting salary $_

10. Benefits:

per Salary after training $ per

11. Days to be worked 12. Hours

13. Will union iT;a.T.bership be required? Yes > If yes , v/nich union and Local i

No

14. If this job involved on.-the-job training to be subsidized by the City, how ic-- v/Hl • that training period be? (attach specific tra;;-rv.g plan;

15. Spc'Cific Duties

16. NECESSARY QUALIFICATIC.'iS;

Ski l l Level of experience cr training reauired to er.t;- prcgri (Include licenses and/or certificates necessary)

17. Is a valid Illinois Drivers' License required? Yes No

'.8. Arc your cr: oloyc2S in this position expected to provide any necessary tools invcV.-cd i the job (s)? Yes No If yes, please atticn in itc.-nizeu i i s t (with prices) of tools required for cacr. posit: '

19. Education level needed to pcrforn this jcb ( If any)

(Over)


..'' 1$ there a possibility for prar.otion fron this job? Yes if yes, to what Fosition{s}? ^ •

No

. tnyfronTcntal Conditions

t* Working Envirorjr.cnt

Inside _ Outside'

Z

YES NO • b . Extrcr.a cold with

or without tcr.p-erature changes ^__ ___

C. Extrcn:s heat v;ith or without te.-p-erature changes ___

d. Wet and/or Ku.T.id

e. Vibration ____ '

f. "Hazards Kechaniccl ,

"Electrical Burns Explosives Radioactivity __ Utl;er

g. Atnospheric Conditions Fumes ____ ___, Dusts Mists ~ ~ Gases Poor Ventilation . Other

h. Koise Estimated r.axinum no. of Decibels ___ ,____

23. Physical Ocmnnd^

tli ^'itrcngth - • time job will require Standing Z Walking Z Sitting Z

Weight (no. lbs) Lifting Carrying Pushing Pulling

YES NO.

b« Climbing ;_ Balancing

Stooping Kneeling Crouching Crawling

Reaching Handling Fingering Feeling

Talking

Hearing Ordinary Conversation . Other Sounds Seeing Acuity, Near Acuity, Far Depth Perception Color Vision ' Field of Vision .

a. Could a person with linited English speaking skills perfora this job? Yes No

b. Could a person wuh liir.itco i.nglish reading/writing sk i l l s perforri this jcb? Yes No

;S public trins?ort:tion easily accessible? Yer. ^ No

;)ocs the jcb require shift work or other than tr:ditior.al hour::? Yes

[if yes. plcssc clarify) . [ '

No


AITACC'Err c

SAMPLE

QUARTERLy HIRING S^^^IAPy FOR QlSiRIER I IDI 'G• :

(X&^MJI NAME

Listed below eu:e the position (s) in your firm which are covered under the First Source Agreement with the City. Please list the total number of hires for this quarter and return this form to the Mayor's Office of Employment and Training within 30 days following the close of that quarter.

Position Title Total Me.7 Hires

I certif'/ that the above inforraticn is true and accurate.

Authcrizaa ^L^az.-jse

T i C - ; i

CCC2

Please re f - im -^-is fcrr: cc ; ; ' j iyor '3 C r i i c o cz :^rpio'.Ta.n-130 ::. L^juiiLlo 3til .^'Iccr ChL==.:-z, :il.Lr.oi3 6C60I


(Continued from page 13000)

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Kotlarz, Banks, Damato, Laurino, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 45.

Nays — None.

The following is said ordinance as passed:

WHEREAS, The City of Chicago has a severe shortage of housing for handicapped persons, particularly those with low and moderate income; and

WHEREAS, The Secretary of Housing and Urban Development ("H.U.D.") has made a first mortgage loan pursuant to Section 202/8 ofthe Housing Act of 1959 ("Section 202") in the sum of Five Million Eight Hundred Sixty-three Thousand Four Hundred Dollars ($5,863,400.00) to the Silent Cooperative for the purpose of paying for the property located in the City of Chicago at Belmont and Campbell and for the purpose of constructing a multifamily facility ("Development") for elderly and handicapped persons with primary emphasis on severe hearing disabilities; and

WHEREAS, The Development is to be owned and operated by its residents whose quality of life will be enhanced through their control of their own living environment and their owning and operating the Development; and

WHEREAS, Many of the residents because of limited income and/or disability have had no past experience of ownership and will need skilled training, and education, and assistance to make a success of their unique housing opportunity; and

WHEREAS, Funds adequate to provide the marketing, t ra ining and education necessary are not available through the approved Mortgage Loan; and

WHEREAS, The Silent Cooperative has requested a loan from the Department of Housing in the amount of $162,018.00 to cover necessary marketing, education and training costs; and

WHEREAS, The Department of Housing has carefully reviewed their proposal, and is prepared to proceed with a loan in the amount of $162,018.00 for the above stated purposes; and

WHEREAS, The Loan would be made from Year X C.D.B.G funds, subject to the terms of a Special Obligation Note, substantially in the form attached as Exhibit "A" to this ordinance; now, therefore,


SECTION 1. That the City Council applauds and wishes to support the efTorts of the Silent Cooperative.


SECTION 2. That the Commissioner ofthe Department of Housing is authorized to loan the Silent Cooperative the amount of $162,018.00 from Year X C.D.B.G. funds, subject to a Special Obligation Note substantially in the form of Exhibit "A" attached hereto.

SECTION 3. That this ordinsmce shall be in full force and effect upon its passage.

Exhibit A attached to this ordinance reads as follows:

Exhibit "A"

Special Obligation Note.

$162,018.00 January ,1985.

For Value Received, the undersigned. Silent Cooperative Apartments, an Illinois not-for-profit corporation ("Cooperative") promises to pay to the City of Chicago, Illinois (the "City") at its offices at the Department of Housing, 318 South Michigan, Chicago, Illinois, 60604, or at such other place as the City may appoint, the principle sum of One Hundred Sixty-two Thousand and Eighteen Dollars ($162,018.00) as specified herein.

This Special Obligation Note shall bear simple interest upon the unpaid balance at the rate of Nine and One-Quarter Percent (9.25%) per annum calculated annually from the date hereof until paid.

Until that certain Mortgage Note from the Cooperative to the Secretary of Housing and Urban Development ("H.U.D.") a copy of which is attached as Exhibit "A" has been completely repaid payments under thisjSpecial Obligation Note shall be made from time to time only from the proceeds from a Residual Receipt Fund established by the Cooperative and only upon approval of H.U.D. which approval shall be granted or not granted upon H.U.D.'s sole discretion.

The entire balance including unpaid interest shall be due and payable within ten (10) years after the Mortgage Note has been completely repaid; provided, however, that subject to H.U.D.'s prior rights, the entire balance including interest shall be repaid upon any sale or refinancing of the Cooperative housing development. Payments on account of this Special Obligation Note shall be credited first toward principle and then toward interest.

In Witness Whereof, the undersigned has caused this Note to be duly executed on the date first above written.

[Signature forms omitted for printing purposes.]

EXECUTION OF AGREEMENT AUTHORIZED WITH STATE OF ILLINOIS FOR IMPROVEMENT OF WESTERN-BELMONT

OVERPASS BETWEEN NELSON AND ROSCOE STREETS.

The Committee on Finance submitted a report recommending that the City Council pass the following proposed ordinance transmitted therewith:



SECTION 1. That the Mayor is authorized to execute, the City Clerk to attest to and the Commissioner of Public Works and the City Comptroller to approve, upon review of the Corporation Counsel as to form and legality, a project agreement with the State of Illinois providing for the improvement of theWestern-Belmont Overpass between Nelson Street and Roscoe Street, described therein, said agreement to be substantially in the following form:

This Agreement, entered into this day of. 19 , by and between the State of Illinois, acting through its Department of Transportation, hereinafter called the "State", and the City of Chicago, acting through its Department of Public Works, hereinafter called the "City".

Witnesseth:

Whereas, the State and the City, in the interest of the safe and efficient movement of vehicular and pedestrian traffic, find it necessary to improve the Western-Belmont Overpass between Nelson Street and Roscoe Street, hereinafter referred to as the "Project" and identified in Paragraph 11 of this Agreement; and

Whereas, the Department of Transportation ofthe State oflllinois, under Chapter 121, Article 4-409 ofthe Illinois Revised Statutes (1981), as amended, may enter into a written contract with any other highway authority for the jur isd ic t ion , main tenance , administration, engineering or improvement of any highway or portion thereof; and

Whereas, the State and the City wish to avail themselves, where possible, of Federal-Aid Urban System funds authorized by the Surface Transportation Assistance Act of 1982 or subsequent Federal legislation for the contract construction, force account construction and the construction engineering/supervision of said Project; and

Whereas, the City is proceeding with studies and engineering required for the Project; and

Whereas, under the Federal regulations, certain written agreements for the Project may be required;

Now Be It Therefore Resolved, The State Agrees:

1. To reimburse the City for the Non-Federal (State) and Federal share of the costs incurred in connection with the contract construction, force account construction and construction engineering/supervision of the Project, as hereinafter provided, upon receipt of progressive billings supported by documentation as required by the State and Federal Highway Administration.

2. To review, approve and submit to the Federal Highway Administration without delay, all submittals which require Federal Highway Administration review, approval or other action.

Now Be It Therefore Resolved, The City Agrees:


3. To prepare, or cause to be priepared, studies, surveys, plans, specifications and estimates of cost for said Project..

4. Upon approval from the State and the Federal Highway Administration, to let and award the contract for the Project, and to provide all force account construction and construction engineering/supervision, all in accordance with established procedures of the City, the State and the Federal Highway Administration.

5. To finance the work pending progressive reimbursement by the State of the Federal and Non-Federal (State) shares of costs.

6. To comply with all applicable Executive Orders and federal legislation pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations.

7. That failure on the part of the City to fulfill the responsibilities assigned in Paragraphs 6 and 10 of this Agreement may render the City ineligible for future federal participation in projects for which the City has similar responsibilities, until such failures are corrected.

8. To retain all Project records and to make them available for audit by State and federal auditors during the Project development and construction stages, and for a period of three (3) years etfler final acceptance.

Now Be It Therefore Resolved, The Parties Hereto Mutually Agree:

9. That prior to initiation of work to be performed hereunder, the disposition of encroachments will be cooperatively determined by representatives of the City and State.

10. That, upon completion of the improvement, the City and the State will maintain or cause to be maintained, in a satisfactory manner, their respective portions of the improvement in accordance with established jurisdictional authority.

11. That said Project generally consists of the rehabilitation of the Western- Belmont overpass between Nelson Street and Roscoe Street.

The Project will include repairs on all spalled and damaged concrete elements of the structure; reconstruction of the parapets on both the retaining wall and the overpass structure; widening of the inner traffic lanes; replacement of all expansion joints; removal and replacement ofthe existing pavement surface; and removal of tapered curbs at the intersection of Western Avenue and Roscoe Street in order to increase lane widths.

Also included in this project will be traffic signal modernization at the intersection of Western Avenue and Roscoe Street; removal and replacement of both upper and lower level lighting systems; rehabilitation of the existing storm sewer drainage system; painting of the entire concrete structure; installation of pavement markings and street signs. All other appurtenances necessary for the completion of this project will also be provided.


12. That all prior Agreements, or portions thereof, between the City and the State which refer to the construction of this Project are superceded by this Agreement.

13. That the estimated costs of the Project covered and described by this Agreement are:

Contract Construction $2,500,000

Force Account Construction $230,000

Construction Engineering/Supervision $270.000

TOTAL: $3,000,000

and that based upon the current ratio of Federal to Non-Federal (State) funds for Federal-Aid Urban System projects the estimated proportional participation for the Project will be:

Federal-Aid Share (FAU) (75.18% of $3,000,000) $2,255,400

Non-Federal Share (State) (24.82% of $3,000,000) $744.600

TOTAL: $3,000,000

and that based upon said ratio. State financial participation (referred to herein as the Non-Federal Share) shall be limited to a maximum of $819,000, with any Non-Federal share required in excess of that amount to be provided by the City, or by Amendment to this Agreement.

14. That the City shall be responsible for 100% of the cost of any work not eligible for federal participation.

15. That standard Federal-Aid procedures and requirements shall apply to all phases of this Project.

16. That the Commissioner of Public Works is authorized to execute revisions to this Agreement relative to budgetary items, upon approval by Illinois Department of Transportation, as long as such revisions do not increase the total cost of the Project as stated in Paragraph 13.

17. That this Agreement and the covenants contained herein shall be void ab initio in the event the contract covering the construction work contemplated herein is not awarded and/or the force account construction work is not authorized by December 1,1987.

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.


In Witness Whereof, the City and State have caused this Agreement to be executed by their respective officials and attested to on the date hereinafter listed.


SECTION 2. That the City Clerk is hereby directed to transmit two (2) certified copies of this ordinance to the Division of Highways, Depeutment of Transportation of the State of Illinois through the District Engineer of District 1 of said Division of Highways.

SECTION 3. That this ordinance shall be effective by and from the date of its passage.

On motion of Alderman Burke, the foregoing proposed ordinance was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Kotlarz, Banks, Damato, Laurino, Pucinski, Natarus, Oberman, Hansen, McLaughlin; Orbach, Schulter, Volini, Orr, Stone - 45.

Nays-^None.

AUTHORITY GRANTED FOR ISSUANCE OF FREE PERMITS, UCENSE FEE EXEMPTIONS AND REFUND OF FEE FOR CERTAIN CHARITABLE, EDUCATIONAL AND

RELIGIOUS INSTITUTIONS.

The Committee on Finance to which had been referred (October 16, 1984 and January 23, 1985) sundry proposed ordinances transmitted therewith to authorize the issuance of a free permit, license fee exemptions and refund of fee for certain charitable, educational and religious institutions, submitted separate reports recommending that the City Council pass said proposed ordinances and proposed order.

On separate motions made by Alderman Burke, each of the said proposed ordinances and proposed order was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mellj Kotlarz, Banks, Damato, Laurino, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone ~ 45.

Nays — None.

Said ordinances and order as passed read respectively as follows (the italic heading in each case not being a part ofthe ordinance):


FREE PERMIT.

Rush-Presbyterian St. Luke's Medical Center.


SECTION 1. That the Commissioner of Inspectional Services, the Commissioner of Public Works, the Commissioner of Streets and Samitation, the Commissioner of Sewers, and the Commissioner of Water are hereby directed to issue all necessary permits, free of charge, notwithstanding other ordinances ofthe City to the contrary, to Rush-Presbyterian St. Luke's Medical Center for the construction ofa building on the premises known as 1700 W. Van Buren Street.

Said building shall be used exclusively for medical and related purposes and shall not be leased or otherwise used with a view to profit, and the work thereon shall be done in accordance with plans submitted.

SECTION 2. This ordinance shall take effect and be in force from and after its passage.

UCENSE FEE EXEMPTIONS.

Millard Ogden Day Care Center.


SECTION 1. Pursuant to Section 158-4 of the Municipal Code of Chicago and in accordiance with favorable investigation by the Board of Health, the following day care center, which is not operated for gain but where a charge is made for the care of children, is hereby exempted from payment of the license fee for the current license period, which expires April 30,1986:

Millard Ogden Day Care Center 1908 S. Millard Avenue.

SECTION 2. This ordinance shall be in full force and effect from and after its passage.

Dispensaries.

Grant Hospital.


SECTION 1. Pursuant to Section 118-5 of the Municipal Code of Chicago and in accordance with favorable investigation by the Board of Health, the

Grant Hospital 550 W. Grant Place,


is hereby exempted from payment of the annual license fee provided therefor in Section 118-4, for the year 1985.

SECTION 2. This ordinance shall be in force and effect from and after its passage.

Infant Welfare Society.



Infant Welfare Society 1931N. Halsted Street,


SECTION 2. This ordinance shall be in force and effect from and after its passage.

Near North Health Service Corporation.



Netir North Health Service Corporation 1441 N. Cleveland Avenue,


SECTION 2. This ordinance shall be effective upon its passage.

Pacific Crarden Mission.


SECTION 1. Pursuant to Section 118-5 of the Municipal Code of Chicago and in accordance with favorable investigation by the Board of Health,

Pacific Garden Mission 646 S. State Street,



SECTION 2. This ordinance shall be effective upon its passage.

REFUND OF FEE.

Howard Area Community Center.

Ordered, That the City Comptroller is hereby authorized and directed to refund the amount of $2,080.50 to the Kipley Construction Company, 7330 N. Rogers Avenue and the Howard Area Community Center, 7648 N. Paulina Street representing payment of permit fees for the demolition ofa building and alterations to an existing structure on the premises located at 7638-7642 N. Paulina Street.

CITY COMPTROLLER AUTHORIZED AND DIRECTED TO CANCEL WARRANTS FOR COLLECTION ISSUED AGAINST

CERTAIN CHARITABLE,' EDUCATIONAL AND RELIGIOUS INSTITUTIONS.

The Committee on Finance to which had been referred on January 23, 1985, sundry proposed orders for cancellation of specified warrants for collection issued ag£unst certain charitable, educational and religious Institutions, submitted reports recommending that the City Council pass the following substitute proposed order:

Ordered, That the City Comptroller is hereby authorized and directed to cancel specified warrants for collection issued against certain charitable, educational and religious institutions, as follows:

Name and Address

Chicago Youth Centers 611 West Adams Street

George Halas, Jr. Vocational Center, 8562 S. Vincennes Avenue

Japanese American Service Committee, 4427 North Clark Street.

Warrant Number and Type of Inspection

Pl-412253 (Fuel Burn. Equip.)

S.D.S.P. on (Fuel Bum. Equip.)

Rl-405968 (Drwy. Insp.)'

Al-413657 (Elev.)

Amount

$79.00

72.00

25.00

30.00

2/4/85 REPORTS; OF COMMITTEES 13015

Name and Address

Misericordia Home 2916 West 47th Street

Northwestern Memorial Hospital, (sundry locations)

Northwestern University (simdry locations)

Norwood Park Home 6016 North Nina Avenue

Quigley North Seminary 103 East Chestnut Street

University of Chicago (Sundry Locations)

Warrant Number and Type of Inspection

Pl-412406 (FuelBum. Equip.)

Al-413974 (Elevi) ;

Speciallnspection Services of Kewanee Boiler

J

Bl-4i8473 (Bldg. Insp.) B3-403691 (Pub;. Place of Assmb. Inspi) B4-400349 B4-4()0350 (InstJInsp.) C2-436614 (Refrg.) Dl-427382 Dl-427383 (Sign) Pl-406817 (Fuel Bum. Equip)

Al-4i4262 (Elev.)' Pl-407634 (Fuel Burn. Equip.) S.D.S.P on boiler

D4-495474 (Parking Sign)

Bl-420924 (Bldg. Insp.)

Bl-4i6559 Bl-418278 Bl-418972 Bl-420020 Bl-420104 Bl-420119 Bl-420150 (Bldg. Insp.)

Amount

267.00

129.00

29.00

80.50

34.00 57.50

115.00

282.00 16.00 16;00

225.00

180.00

215.00

30.00

1,095.34

34.50

34.50 92.00 34.50 80.50 46.00 57.50

379.50


Warrant Number and Type of

Name and Address Inspection Amount

Pl-410183 130.00 Pl-410977 152.00 Pl-410980 159.00 Pl-410983 101.00 (Fuel Bum. Equip.)

Pl-412830 267.00 (Fuel Bum. Equip.)

On motion of Alderman Burke, the foregoing proposed substitute order was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Kotlarz, Banks, Damato, Laurino, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 45.

Nays — None.

AUTHORITY GRANTED FOR INSTALLATION OF ALLEY LIGHT AT 2905 WEST JARLATH AVENUE.

The Committee on Finance submitted a report recommending that the City Council pass a proposed order transmitted therewith:

Ordered, That the Commissioner of Public Works is hereby authorized and directed to give consideration to the installation of an alley light at the rear of 2905 W. Jar la th Avenue.

On motion of Aldermem Burke, the foregoing proposed order was Passed by yeas emd nays asfollows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahem, Kelley, Shermem, Stemberk, Krystyniak, Henry, Neu-dulli, W. Davis, Smith, D. Davis, Hagopiem, Santiago, Gabinski, Mell, Kotlarz, Banks, Damato, Laurino, Pucinski, Nateurus, Oberman, Hemsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone — 45.

Nays — None.

AUTHORITY GRANTED FOR PAYMENTS OF HOSPITAL, MEDICAL AND NURSING SERVICES RENDERED CERTAIN INJURED

MEMBERS OF POLICE AND FIRE DEPARTMENTS.


The Committee on Finemce submitted a report recommending that the City Council pass a proposed order tremsmitted therewith, to authorize payments for hospital, medical and nursing services rendered certain injured members ofthe Police emd Fire Departments.

On motion of Alderman Burke, the sedd proposed order was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, SheaJian, Kelley, Shermem, Stemberk, Krystjrniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Nateurus, Obermem, Hamsen, McLaughlin^ Orbach, Schulter, Volini, Orr, Stone ~ 47.

Nays — None.

Alderman Natarus moved to reconsider the foregoing vote. The motion was lost.

The following is sedd order as passed: ;i i

Ordered, That the City Comptroller is authorized emd directed to issue vouchers, in conformity with schedule herein seti'forth, to physicians, hospitals, nurses or 'other individuals, in settlement for hospital, medical and nursing services rendered to the injured members ofthe Police Depeurtment and/or the Fire Depeurtment herein named. The payment of emy of these bills shall not be construed as em approval of emy previous cledms pending or future cledms for expenses lor benefits on accoimt of any alleged injury to the individuals named. The total amount of said claims is set opposite the names ofthe injured members of the Police Department and/or the Fire Department, and vouchers are to be drawn in the favor ofthe proper claimemts emd cheu-ged to Account No. 100.9112.937:

[Reguleur Orders printed on pages 13019 thru 13020 of this Journal.]

and

Be It Further Ordered, That the City Comptroller is authorized emd directed to issue weu-remts, in conformity with the schedule herein set forth, to physiciems, hospitals, nurses or other individuals, in settlement for: hospital, medical and nursing services rendered to the injured members of the Police Depeurtment emd/or the Fire Depeurtment herein named, provided such members of the Police Depeurtment and/or Fire Department shall enter into em agreement in writing with the City of Chicago to the effect that, should it appeeur that emy of said members of the Police Department emd/or Fire Department have received any sum of money from the peurty whose negligence caused such injury, or have instituted proceedings agednst such party for the recovery of damage on account of such injury or medical expenses, then in that event the City shall be reimbursed by such member of the Police Department and/or Fire Department out of any sum that such member of the Police Department emd/or Fire Department has received or may hereafter receive from such third party on account of such injury or medical expense, not to exceed the amount that the City may, or shall, have paid on account of such medical expense, in accordance with Opinion No. 1422 of the Corporation Counsel of said City, dated Meu-ch 19, 1926. The payment of any of these bills shall not be construed as approval of any previous claims pending or future claims for expenses or benefits joni! account of any alleged injury to the individuals

13018 JOURNAL.-CITY COUNCn^-CfflCAGO 2/4/85

named. The total amount of such claims, as allowed, is set opposite the names of the injured members of the Police Depeurtment emd/pr Fire Department and warrants are to be drawn in favor ofthe proper claimants emd charged to Account No. 100.9112.937.

[Third Peu-ty Order printed on page 13021 of this Journal.]

Action Deferred-SALTING OF ICE LADENED RESIDENTLAL STREETS ON NORTH SIDE OF CITY.

The Committee on Finemce submitted the following report, which was, on:;motion of Alderman Kelley emd Alderman Frost, Deferred and ordered published:

CHICAGO, February 4,1985.

To the President and Members ofthe City Council:'

Your Committee on Finance to which was referred a resolution concerning the ice ladened condition of residential streets on the north side of the City of Chicago, having had the same under advisement, begs leave to report and recommend that Your Honorable Body Adopt the proposed resolution transmitted herewith.

This recommendation was concurred in by a viva voce vote of the members of the committee.

Respectfully submitted, (Signed) EDWARD M. BURKE,

Chairman.

The following is sedd resolution tremsnutted with the foregoing committee report:

WHEREAS, Accumulations of ice emd snow occurring on or eifter Janueury 1, 1985 on intersections emd side streets on the North side of the City of Chicago continue to pose a demger to the life emd safety of motorists, their passengers, pedestrians and residents; and

WHEREAS, One of the means to eliminate diangerous accumulations of ice and snow on side streets emd intersections is to spread salt; emd

WHEREAS, It is the duty ofthe Department of Streets and Sanitation to provide and to medntedn sede pedestriem emd vehiculeu- conditions on all public streets and intersections; now, therefore.

Be It Resolved That, Commissioner Lester Dickinson is hereby ordered to report to the Chicago City Council on the Depeu'tment of Streets and Semitation's immediate plans to clear the ice-ladened streets of the City's North side and on its policy regarding the future salting emd plowing of side streets emd intersections.


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COMMITTEE ON ALCOHOLISM AND SUBSTANCE ABUSE.

APPOINTMENTS OF ADVISORY COMMISSION FOR COMMITTEE ON ALCOHOLISM AND SUBSTANCE ABUSE.

CHICAGO, Februarys, 1984;

To the President and Members ofthe City Council:

At a meeting held Tuesday, Janueu:y 29, the Committee on Alcoholism emd Substance Abuse passed a resolution calling for the creation and establishment of a Technical Advisory Commission for the Committee. In addition the Committee also voted to appoint a group of individuals to serve on sedd Commission and to invite other professionals and interested persons to serve, especially representatives from the Chicago Board of Education, Police Depeurtment, emd Department of Health. If there are no objections, I move that said report be Passed in the omnibus.

Respectively submitted, (Signed) DANNY K.DAVIS

Chairman.

On motion of Aldermam D. Davis, the proposed resolution transmitted with the foregoing committee report was Adopted by yeas emd nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheediem, Kelley, Sherman, Stemberk, Krystyniedt, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Obermem, Hemsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Nays — None.

Alderman Nateirus moved to reconsider the foregoing vote. The motion was lost.

The following is sedd resolution as adopted:

WHEREAS, The committee in recognition ofthe complex nature of its work does hereby establish a commission composed of experts and other interested persons to provide research data, technical advice and direction towards the development of legislative and programmatic solutions to the problems of alcoholism and substance abuse.

The following is a list of sedd appointees to the commission:

2/4/85 REPORTS.! OF COMMITTEES 13023

Mr. Patrick Allen, Chemical Dependency Counselor, South Chicago Community Hospital, 2320 E. 93rd Street, Chicago, Illinois 6()617 (978-2000)

Ms. Jacqueline Berry, Social Worker/Counselor, Furman Community Services, 43 W. 47th Street, Chicago, Illinois 60609 (373-3401)

Ms. Rosalind Burnett, Director, Drug Abuse Rehabilitation Service, Behavioral Research Action in Social Sciences Foundation, Inc., 950 E. 61st Street, Chicago, Illinois 60609 (288-5980)

Ms. Meurion Flecther, Social Worker, Chicago Child Care Society, 5467 S. University Avenue, Chicago, Illinois 60615 (643-0452)

Ms. Judy Gall, Executive Director, Alternatives Inc., 1126 W. Gremville, Chicago, Illinois 60660 (973-5400)

Ms. Oza Hoskins, Supervisor, Alcohol and Substance Abuse, Edgewater-Uptown Community Mental Health Center, 4554;N. Broadway, Chicago, Illinois 60640 (878-4222)

Mr. Al Johnson, Certified Alcoholism Counselor, Hyde Park Community Hospital Alcoholic Treatment Center, St. Leonard's Half-Way House, 6442 S. Hoyne Avenue, Chicago, Illinois 60640 (643-9200 Ext. 275)

•' i

Dr. Ltirry Kmoll, Executive Director,! Family Guidance Center, Associate Professor, Loyola University, Founder of Life Line, (A Cocaine Abuse Program) 940 Pine Street, Glenview, Illinois 60025 (724-3450)

Mr. Edweurd Lewis, Furman Community, Service, Stedf Person, 43 W. 47th Street, Chicago, Illinois 60609 (373-3401)

Mr. Kurt Oldenbrook, Program Director, Center for Treatment and Rehabilitation, 185 N. Wabash Avenue, Chicago, Illinois 60603 (263-1153)

Dr. William Peu-ker, Psychologist, private practice, 151 N. Michigan Avenue, Chicago, Illinois 60602 (938-9105/664-5807) after'6:00 P.M.

Mr. Joseph Troiani, Director/Supervisory Psychologist, Loretto Hospital Alcoholic Center, 645 S. Central Avenue, Chicago, Illinois 60644 (626-9250)

Mrs. Beverly Robinson, Director of Alcoholism Programs, Bobby E. Wright Comprehensive Community Mental Health Center, 9 S. iKedzie Avenue, Chicago, Illinois 60612 (722-7900)

Dr. Richard Sherman, Reseeu-cher, Chicago Alcoholic Treatment Center, 3026 S. California Avenue, Chicago, Illinois 60608 (254-3680)

Ms. Hattie Walsh, Director, Behavior Research in Social Science, 514 E. 50th Place, Chicago, Illinois 60615(548-3441)

Mr. Sam Woodson, Director, Substance Abuse Specialist, Habilitative Systems, 415 S. Kilpatrick Avenue, Chicago, Illinois 60644 (261-4565)

13024. JOURNAL-CITY COUNCIL-CfflCAGO 2/4/85

Mrs. Meixine Womble, Chairperson, National Black Alcoholism Council, 417 S. Dearborn, Suite 1000, Chicago, Illinois 60605 (663-5780)

Mr. George Zyvert, Executive Director, Southeast Community Organizat ion, President/Sector II Alcoholism Coalition, 9101 S. Exchange Avenue, Chicago, Illinois 60617 (731-9100)

Ms. Sabion Newton, Stedf, Chicago Child Care Center, 5467 S. University Avenue, Chicago, Illinois 60615 (643-0452)

Ms. Gladys Sotomayor, Regional Coordinator, Illinois Department of Alcoholism and Substance Abuse, 4609 N. Campbell Avenue, Chicago, Illinois 60636 (793- 9528)

Dr. Leon Hendricks, Reseeu-cher/Principal, West Harvey Dixmore Board of Education, 16045 Marshfield Street, Harvey, Illinois 60626 (385-5400)

Mr. Benjamin Robinson, Concerned Citizen, Nation of Islam, 7800 S. Coles Avenue, Chicago, Illinois 60649 (374-3970)

Ms. Eeu-lean Lindsey, Community Rep. and Teacher, Miles Square Health Center, 2045 W. Washington Boulevard, Chicago, Illinois 60612 (942-3818)

Barbara Mills, StafT, Comprehensive Reseeurch and Development Corporation, 938 W. 69th Street, Chicago, Illinois 60621 (962-5544)

Ms. Beurbeura Bell, Director, Comprehensive Research emd Development Corporation, 938 W. 69th Street, Chicago, Illinois 60621 (962-5544)

Ms. Ann M. Konar, Director, Haymarket House Detox Center, 14 N. Semgamon Street, Chicago, Illinois 60607 (226-7984)

Ms. Eleanor Mason, Steiff, Behavior Reseeirch in Social Science, 950 E. 61st Street, Chicago, Illinois 60621

COMMITTEE ON CABLE TELEVISION.

Action Deferred- AMENDMENT OF CHAPTER 113.1, SECTIONS 113.1-17A, 113.1-21D AND 113.1-36A

OF MUNICIPAL CODE CONCERNING CHICAGO CABLE COMMUNICATION

ORDINANCE.

The Committee on Cable Television submitted the following report which was, on motion of Alderman Stone and Alderman Schulter, Deferred emd ordered published:




Your Committee on Cable Television having under consideration a proposed amendment to Sections 113.1-17A, 113.1-21D and 113.1-36A of the Municipal Code of Chicago.

A committee meeting was held on February 4, 1985 at which time your Committee on Ciable Television recommended do Pass on the proposed amendment.

Yeas - Aldermen Roti, Sawyer, Gabinski, Stone, Beavers, Stemberk, Majerczyk, Mell, Schulter ~ 9.

Nays - Aldermem Bloom ~ 1.

Respectfully submitted, (Signed) EUGENE C. SCHULTER,

Chairman.

The following is said proposed ordinemce transmitted with the foregoing committee report:


SECTION 1. Sections 113.1-17A andll3.1-21D ofthe Municipal Code ofChicago are hereby amended by striking the following in brackets:

113.1-17A. A Grantee, in consideration of the privilege gremted under the franchise for the operation ofa cable television system within the public ways of the City, the expense of regulation pursuemt to the franchise incurred by the City, emd for other costs and considerations, shall pay to the City a franchise fee of not less than five percent (5%) of its annual gross revenue during the period of its operation under the franchise [; emd other forms of compensation including, but not limited to, a cheurge on certedn sources of revenue emd em interest in ownership or profits].

113.1-21D. [Notwithstemding the foregoing provisions, emd except in the case of extraordinary circumstemces as approved by the Commission, a Gremtee shall not increase the fees for the first tier of service for which there is a monthly subscriber fee nor emy installation or reconnection fees proposed in the franchise application above rates specified in sedd fremchise application for a period of forty-eight (48) months from the time service is provided' to the first subscriber pursuemt to the Gremtee's franchise; provided, however, that a Gremtee shall have the authority and the right to add to its service or installation fees emy Federal, State or local taxes or fees directly imposed on subscribers, emd for emy additional copyright fees that may be imposed as a result of legislative or judicial action at the Federal, State or local level taken after the filing of the franchise application. If during the term of the franchise a Gremtee receives refunds or any copyright payments, it shall without delay notify the Commission, suggest a plan for flow-through of the refunds to its subscribers, and retain such refunds in an interest bearing escrow account pending order of the Commission. After considering the plam submitted by the Grantee, the Commission shall order flow-through of the refunds with accrued interest to the Grantee's subscribers in a fair amd equitable manner.]


SECTION 2. Section 113.1-36A ofthe Municipal Code ofChicago is hereby amended by striking the following in brackets and by substituting the language in italics therefor:

113.1-36A. The franchise shall provide that the CAC shall control the use of [twenty percent (20%)] ten percent (10%) of all cable channels (including [twenty percent (20%)] ten percent, (10%) of all channels on subscriber cables) from their inception, free of charge, as access chemnels.

SECTION 3. This ordinemce shall be in full force emd efi'ect from emd edler its passage.

AcrioaDg/erred-RESOLUTION AUTHORIZING TRANSFER OF OWNERSHIP OF AREA 5 FROM STELLAR CONTINENTAL

TO TELE-COMMUNICATION, INCORPORATED.

The Committee on Cable Television submitted the following report which was, on motion of Aldermem Stone and Aldermem Schulter, Deferred and ordered published:



Your Committee on Cable Television having under consideration a proposed resolution authorizing the tremsfer in ownership emd control of more than 20% of the ownership and control in Stellar Continental to a wholly-owned subsidiary of Tele-Communications, Inc., pursuant to Section 113.1-20 ofthe Enabling Ordinance.

Committee meetings were held on January 21, and 22, 1985 and public testimony taken at which time the meeting was adjourned to a call of the chair. A subsequent meeting was held on Februauy 1, 1985 for further discussion of the Area 5 fremchise, that meeting was recessed until February 4, 1985. On February 4, 1985, your Committee on Cable Television recommended do Pass by a vote of 9 yeas and 1 nay on the proposed resolution.

Yeas - Aldermen Roti, Sawyer, Gabinski, Stone, Beavers, Stemberk, Majerczyk, Mell, Schulter - 9.

Nays - Alderman Bloom ~ 1.

Respectfully submitted, (Signed) EUGENE C. SCHULTER,

Chairman.

The following is sedd proposed resolution tremsmitted with the foregoing committee report:

WHEREAS, After conducting public hearings eiffording the public a reasonable opportunity to comment thereon, the City Council on Februeury 15, 1984 approved and adopted the franchise agreement for Franchise Area 5 and granted a non-exclusive franchise to construct, install, maintain emd operate a cable communications system in Franchise Area 5 to Stellar Continental Cable, Inc. ("Stellar Continental"); and

2/4/85 REPORTS-OF COIMMITTEES 13027

WHEREAS, Pursuant to Section 113.1-55(A) of the Chicago Cable Communications Ordinamce (the "Enabling Ordinance") Stelleir Continental on Maurch 16,1984, accepted the franchise granted by the City Council in Fremchise Area 5; auid

WHEREAS, Stellar Continental issued a total of 5,520 sheures of Class A Common Stock, 2,760 of which eure owned by Continenteil Cablevision, Inc. emd 2,760 of which aire owned by a group of local minority investors ("Stellar Investors"); emd

WHEREAS, Stellar Continental, the grantee in Fremchise Area 5, requested approval from the City Council on December 19,: 1984 to tremsfer more them 20% of the ownership emd control of Stellau* Continental to a iwhoUy-owned subsidiauy of Tele-Communications, Inc. pursuemt to Section 113.1-20 of the Enabling Ordinemce; emd

WHEREAS, The proposed tramsfer requires prior approval ofthe City Council pursuamt to Section 113.1-20 of the Enabling Ordinemce because, if approved, sedd tramsfer would result in the tramsfer in ownership emd control of more than 20% of the ownership emd control in Stellar Continental to a wholly-owned subsidiau-y of Tele-Communications, Inc., em entity that did not own or control 20% or more of such right of control on the effective date ofthe Area 5 fremchise agreement; and

WHEREAS, The Stelleir Investors have agreed to retedn a 20% ownership interest in the Area 5 gremtee, Stelleir Continental; and

WHEREAS, Pursuant to Sectiori 113.1-20 of the Enabl ing Ordinance, Tele-Communications, Inc. hais submitted proof to the City Council of its legal, technical, finemcial and character qualifications; now, therefore,

Be It Resolved by the City Council of theCity ofChicago:

SECTION 1. The City Council hereby approves the sale by Continental Cablevision, Inc. of 2,760 sheu-es of Class A Common Stock of Stelleu* Continental amd the sale by the Stellau- Investors of 1,656 shaures of Claiss A Common Stock of Stelleir Continental to a wholly-owned subsidieury of Tele-Communications, Inc.; provided that the Stelleu* Investors retedn a 20% ownership interest in the Area 5 grantee, Stellau* Continental, emd provided, further that the gremtee, Stelleir Continental, files within thirty (30) days of the sale an executed copy or copies, as appropriate, of bills of sale or similar documents with the City pursuamt to Section 113.1-20(B) ofthe Enabling Ordinance.

SECTION 2. The approval by the City Coimcil ofthe transfer of ownership and control of Stelleu* Continental shall not in emy way constitute a waiver or release of any of the rights ofthe City or obligations ofthe Grantee under the Enabling Ordinance and the Area 5 franchise agreement dated Meu*ch 16,1984.

SECTION 3. This resolution shall be in full force and eiffect from and after the date of its passage.

Action Deferred-AMENDMENT TO FRANCHISE AGREEMENT FOR AREAS 2, 3, 4 AND 5 UPON ACCEPTANCE OF

AREA 1 FRANCHISE AGREEMENT.


The Committee on Cable Television submitted the following report which was, on motion of Alderman Stone emd Alderman Schulter, Deferred and ordered published:



Your Committee on Cable Television having under consideration a proposed ordinemce to gremt a non-exclusive fremchise for Fremchise Area 1 to Communications and Cable of Chicago, Inc., to construct, install, medntadn and operate a cable communications system in the City ofChicago.

In addition, the proposed ordinance requires that amendments to the franchise agreements for Fremchise Areas 2, 3, 4, and 5, respectively, pursuant to Section 3 of the Gremting Ordinamce dated Februeuy 15,1984, are hereby approved and adopted, if emd only if, there is em acceptance of the Area 1 Fremchise Agreement by Communications and Cable ofChicago, Inc. pursuant to Section 113.1-55(A) ofthe Enabling Ordinance.

Committee meetings were held on Jemuau*y 24, and 25,1985, and public testimony taken at which time the meeting was adjourned to a call of the chedr. A subsequent meeting was held on Februeiry 1, 1985, for further discussion ofthe Area 1 fremchise, that meeting was recessed until Februeiry 4,1985. On February 4,1985 your Committee on Cable Television recommended do Pass.

Yeas - Aldermen Roti, Sawyer, Gabinski, Stone, Beavers, Stemberk, Majerczyk, Mell, Schulter ~ 9.

Nays - Alderman Bloom ~ 1.

, Respectfully submitted, (Signed) EUGENE C. SCHULTER,

Chairman.

The following is sedd proposed ordinemce tremsmitted with the foregoing committee report:

WHEREAS, The City of Chicago desires thie establishment of a cable communications system in the City ofChicago for the benefit ofthe City emd all persons located therein; and

WHEREAS, Chapter 113.1 of the Municipal Code of Chicago, "The Chicago Cable Communications Ordinemce", was adopted by the City Council on February 10, 1982 to provide for the fremchising amd regulation of cable systems within the City ofChicago; and

WHEREAS, The City Council adopted a Request for Proposals for Cable Communications Framchises on May 27, 1982, dividing the City of Chicago into five franchise areas and requesting proposal bids thereon by cable companies as applicemts; and

WHEREAS, The City Council eifter considering the franchise applications of each applicant as well as their legal, financial, technical emd character qualifications, the public comment thereon and the recommendations ofthe Cable Administrator for the preliminary award of franchises in each ofthe City of Chicago's five franchise areas, the City Council on


January 7, 1983, passed a resolution designating Cablevision, Group W of North Central Chicago, Group W of North West Chicago, Chicago Cable Communications and Stellau* Continental Cable as successful applicants for Franchise Areas 1, 2, 3, 4 and 5, respectively; amd

WHEREAS, The Cable Administrator successfully negotiated and dreifted franchise agreements for Franchise Areas 2, 3, 4 amd 5 between the City of Chicago and Group W Cable Associates of North Central Chicago, Group W Cable Associates of North West Chicago, Chicago Cable Communications and Stellau* Continental Cable, Inc., respectively; emd

WHEREAS, The Cable Administrator submitted framchise agreements for Franchise Areas 2, 3, 4 and 5 to the City Council on December 21, 1983, for its review and consideration emd released sadd framchise agreements to facilitate public peu*ticipation; amd

WHEREAS, After conducting public hearings adfording the public a reasonable opportunity to comment thereon, the City Council on Februeiry 15, 1984 in a Gramting Ordinemce dated Februau-y 15, 1984 approved emd adopted the fremchise agreements for Fremchise Areas 2, 3, 4 and 5 and gremted non-exclusive franchises to construct, install, maiinteiin emd operate cable communications systems in said Franchise Areas to Group W Cable Associates of North Central Chicago, Group W Cable Associates of North West Chicago, Chicago Cable Communications emd Stelleu* Continental Cable, Inc., respectively; emd

WHEREAS, Section 3 of sedd Gremting Ordinance provides:

"That in approving emd adopting sadd franchise agreements the City Council agrees that in the event a subsequent framchise is awarded on terms or conditions more favorable than those aweirded to grantees in Fremchise Areas 2, 3, 4 emd 5 which are not based on commitments set'forth in the grantees' or applicants' respective franchise proposals, then the grantees in Fremchise Areas 2, 3, 4 and 5 shall be entitled to any such similar terms amd conditions by appropriate amendment of their respective framchise agreements"; |aind

WHEREAS, After it was determined that a mutually acceptable franchise agreement with Cablevision could not be reached^ the City Council passed a resolution on April 13, 1984 authorizing negotiations with Communications and Cable of Chicago, Inc. in response to their continued expressed interest iri the aweu-d of a franchise in Area 1 to determine if a mutually acceptable framchise agreement between the City and Communications and Cable ofChicago, Inc. could be reached; and

WHEREAS, A mutually acceptable franchise agreement was negotiated between the City amd Communications and Cable of Chicago, Inc. emd sedd franchise agreement was submitted to the City Council for its review amd consideration emd released to the public to facilitate public participation on December 17, 1984 together with a report explaining the Area 1 franchise agreement and the amendments required to the franchise agreements for Franchise Areas 2,3,4 and 5 pursuemt to Section 3 of sadd Gramting Ordinance; and

WHEREAS, Afler conducting public hearings eiffording the public the opportunity to appropriately review said franchise agreement and required amendments to the fremchise agreements for Franchise Areas 2, 3, 4 and 5 and to comment thereon, the City Council


Committee on Cable Television voted to recommend approval of sedd fremchise agreement for Franchise Area 1 emd the required amendments to the franchise agreements for Fremchise Areeis 2,3,4, emd 5; now, therefore, ;

1..

Be It Ordcuned by the City Council ofthe City ofChicago: • I

SECTION 1. That it is in the best interests ofthe City ofChicago emd all persons located therein to grant a non-exclusive fremchise for Fremchise Area 1 to Communications emd Cable ofChicago, Inc., to construct, install, medntadn and operate a cable communications system in the City of Chicago.

SECTION 2: That the franchise agreement for Fremchise Area 1 which is;^;attached hereto amd made a part hereof is hereby approved amd adopted.

[Fremchise Agreement for* Area 1 printed on pages 13031 thru 13163 of this Joumal.

SECTION 3. That in approving emd adopting sedd fremchise agreement the City Council in accordemce with Section 113.1-20(C) of the Municipal Code of Chicago is authorizing the grantee for Franchise Area 1 to secure indebtedness in excess of seventy-five percent (75%) of the fedr meirket value of the property used hy the grantee in the construction and operation of its cable television system for the financing of said system for Fremchise Area 1 on terms emd conditions consistent with the iterms emd conditions of sedd franchise agreement and the Municipal Code ofthe City ofChicago, Chapters 113.1 emd 113.2.

SECTION 4. That the required amendments to the fremchise agreements for Fremchise Areas 2,3,4 emd 5, respectively, attached hereto amd made a part hereof made pursuamt to Section 3 of the Gramting Ordinamce dated February 15, 1984 au*e hereby approved amd adopted. The terms emd conditions of sedd amendments are effective emd binding on the City emd the respective gramtees in Framchise Areas 2, 3, 4 emd 5 if, emd only if, there is an acceptemce ofthe Area 1 Framchise Agreement by Communications amd Cable ofChicago, Inc. pursuemt to Section 113.1-55(A) of the Enabling Ordinance.

[Amendments to Framchise Agreements for Areas 2, 3, 4 and 5 eure printed on pages 13164 thru 13327

of this Journal.]

SECTION 5. This ordinamce shall be in fuH force emd effect from and eifter its passage.

COMMITTEE ON CLAIMS AND LIABILITIES.

AU-raORITY GRANTED FOR PAYMENT OF MISCELLANEOUS REFUNDS, COMPENSATION FOR PROPERTY DAMAGE,

ETC. .1

The Committee on Cledms amd Liabilities submitted a report recommending that the City Council pass a proposed order transmitted therewith, to authorize payments of miscellemeous cledms.


REPORTS OF COMMirrEES 2/4/85

Franchise Agreement

Area 1

Office of cable Cotmuaications

500 North Peshtigo Court

Suite 900 ^Q^^i

Chicago, 1111 ° ='


TABLE OF CONTENTS

Preamble

Section I. Definitions

Section 2. Grant of Authority

2.1 Grant of Franchise

2.2 Term and Effective Date of Agreement

2.3 Territorial Extent of Franchise and Primary Service Areas

2.4 Acts or Omissions of Affiliates

Section 3. Incorporation of Other Documents by Reference

Section 4. Franchise Fee and Other Fees

4.1 Franchise Fee

4.2 Subsequent Action Affecting Franchise Fee

4.3 Prepayment of Franchise Fee

4.4 Other Forms of Compensation

4.5 Acceptance Fee

4.6 Other Fees

4.7 Not a Tax

Section 5. Insurance and Bonds

5.1 Amounts

5.2 Right to Require Replacement of Bonds or Insurance

5.3 Alterations

5.4 Commission's Right to Increase Minimum Amount

5.5 No Excuse From Performance

5.6 Endorsement

5.7 Insurance for Contractors and Subcontractors


Section 6. Letter of Credit

6.1 .Wount

6.2 Endorsement

Section 7. Programming Services and Fees

7.1 Subscriber Services and Fees

7.2 User Services and Fees

7.3 New Subscriber Services

7.4 Promotions and Discounts

7.5 No Interference with Service

7.6 Extra-Long Drops

7.7 Non-Standard Installations

7.8 Competing Technologies

Section 8. System Design

8.1 Subscriber Network System

8.2 Institutional Network System

8.3 Twenty-Four Hour Operation

8.4 Transmissions Between the Subscriber and Institutional

Network Systems

8.5 Alternative Design

8.6 Interference

8.7 Reliability and Safety

8.8 Satellite Earth Stations

8.9 Standby Power

8.10 Standby Capability

8.11 Status/Performance Monitoring Equipment

8.12 Equipment

8.13 Satellite Uplink


Section 9. Technical Standards

9.1 Performance Requirements


9.3 Institutional Network System

9.4 Performance Measurement Standards

9.5 Data Transmissions

9.6 Interference

9.7 Test Procedures

9.8 System Monitor Test Points

Section 10. Maintenance of System

Section II. Construction Schedule and Other Reports

11.1 Construction Timetable

11.2 Construction Schedule and Map

11.3 "As Built" Maps

11.4 Third Party Litigation

Section 12. Construction Requirements and Scandards

12.1 General

12.2 Compliance Standards

12.3 Construction and Installation Manual

12.4 Grantee's Construction and Inspection Manual

12.5 Engineering Site Survey

12.6 Restoration

12.7 Tree Trimming on Public Property

12.8 Tree Triimning on Private Property

12.9 State-of-the-Art ,

12.10 Contractors and Subcontractors


Section 13. Extension of Service

13.1 New Developments

13.2 Annexation

13.3 Line Extension Policy

Section 14. Removal of; System

14.1 Removal by Grantee

14.2 Removal by City

Section 15. Intra-City Interconnection

15.1 Purpose

15.2 Capacity and Timetable

15.3 Plan of Interconnection

15.4 Interconnection Responsibilities

15.5 Construction and Technical Standards

15.6 Fees,,! Rules, Etc.

Section 16. Channel Allocation

16.1 Standard Allocation

16.2 FAA Conflicts

Section 17. Universal Subscriber Service

17.1 Channels

17.2 Fees ,

Section 18. Local Origination

Section 19. Chicago Access Corporation

19.1 Channel Commitments

19.2 Payments and Contributions

19.3 Equipment

19.4 Programming Authority

19.5 Recomputation


19.6 Interest

19.7 CAC/Crantee Policies Procedures

Section 20. Leased Access


20.2 Additional Leased Channels

20.3 Rules I . •

Section 21. Municipal Utilization

21.1 Description

21.2 Additional Channel Capacity

Section 22. Enhanced/Developmental Services

22.1 Description i

22.2 Fees • J .• ;

1;!

Section 23. Institutional Network System

Section 24. Employment Requirements

24.1 Affirmative Action,

24.2 Equal Employment iOpportunity/Affirmative Action Plan

24.3 Pass-Through Requirements

24.4 Local Residents

24.5 Unions

24.6 Training

24.7 Records

24.8 Reporting Requirements

24.9 Compliance

Section 25. Contractors and Subcontractors

25.1 Local Businesses

25.2 Minority Business, Enterprises (MBEs)

25.3 Women's Business!Enterprises (WBEs)

2/4/85 REPORTS OF COMMTTTEES 13037

25.4 Business Enterprise Plans


25.6 Compliance

Section 26. Consumer Services

26.1 Consumer Services Plan

26.2 Business Offices and Personnel

26.3 Subscriber Complaints

26.4 Major Outages

26.5 Pre-Construction Information

26.6 Grantee Solicitation

26.7 Requests for Installation

26.8 Installation Information

26.9 Translated Information

26.10 Program Guides

26.11 Informacion Filed With Commission

26.12 Employee Identification

26.13 Nondiscrimination

Section 27. Users

Section 28. Privacy

28.1 Requirements

28.2 Monitoring, Collection, Use or Release

28.3 Privacy Information

28.4 Ownership of Data

28.5 Court-Ordered Disclosure

28.6 Destruction of Information

28.7 Request for Information


Section 29. Enforcement

29.1 Sanctions

29.2 Notice of Violation

29.3 Notice of Assessment

29.4 Withdrawal from Letter of Credit

29.5 Liquidated Damages

29.6 Monetary Penalties, Fines and Other Monetary Sanctions

29.7 Act or Omission Beyond Grantee's Control

29.8 Other Rights of City

29.9 No Waiver of Rights

Section 30. Miscellaneous Provisions

30.1 Governing Law

30.2 Descriptive Headings

30.3 Employees and Agents

30.4 Rights Reserved to City

30.5 Compliance With Ethics Ordinance

30.6 No Inducement

30.7 No FCC Waivers Without Notice to City

30.8 No Excuse From Compliance

30.9 Commission Action

30.10 Modifications

30.11 Force Majeur

30.12 Severability


Exhibits

A. Form of Acceptance

B. Description of Franchise Area 1 and Primary Service Area of

Franchise Area 1

C. Subscriber Services

D. User Discounts

E-l. Construction Schedule Forms

E-2. Construction Schedule and Map

E-3 Construction Timetable

F. Standard Channel Allocation

G. Local Origination

H. Municipal Utilization

I. Enhanced/Developmental Services

J. Chicago Access Corporation

K. Equal Employment Opportunity/Affirmative Action Plan

L. MBE/WBE Plan

M. Plan of Interconnection


This Agreement, made and executed this day of_

1985, by and between the City of Chicago (the "City") and Communications

and Cable of Chicago, Inc., (the "Grantee"):

WITNESSETH

WHEREAS, Section 6(a) of Article VII of the Illinois Constitution

provides that a home rule unit "may exercise any power and perform any

function pertaining to its government and affairs including, but not

limited to, the power to regulate for the protection of the public

health, safety, morals and welfare; to license; to tax;..."; and

WHEREAS, Section 11-42-11 of the Illinois Municipal Code provides

that "[T]he corporate authorities of each municipality may license,

franchise and tax the business of operating a communicy antenna

television system..."; and

WHEREAS, the City of Chicago desires the establishment of a cable

communications system in the City of Chicago for the benefit of the City

and all persons located therein; and

WHEREAS, the City Council adopted Chapter 113.1 of the Municipal

Code of Chicago, "The Chicago Cable Communications Ordinance", on

February 10, 1982, to provide for the franchising and regulation of

cable systems within the City of Chicago; and

WHEREAS, the City Council adopted Chapter 113.2 of the Municipal

Code of Chicago, "The Chicago Cable Ethics Ordinance", on April 21,

1982, to ensure that the awarding of franchises for and


operation of cable communications syscems within the.City of Chicago be

conducted free of conflict of interest or the appearance thereof and

with maximum protection to enhance public confidence therein; and

WHEREAS, the City Council issued a Request For Proposals for Cable

Communications Franchises on May 27, 1982, dividing the City of Chicago

into Franchise Areas 1,2,3,4 and 5 and requesting applications there

for; and

WHEREAS, six applicants on August 31, 1982. submitted a total of

ten applications for Franchise Areas 1,2,3,4 and 5; and

WHEREAS, the City Council conducted public hearings affording the

applicants and members of the public a reasonable opportunity to

comment on the applications submitted to the City by the applicants; and

WHEREAS, after reviewing each application submitted and after

considering the comments made thereon, the legal, financial, technical

and character qualifications of each applicant, and the public interest,

the City Council has determined that it is in the best interests of the

City of Chicago and all persons located therein to grant a non-exclusive

franchise to Communications and Cable of Chicago, Inc., to construct,

install, maintain and operate a cable communications system within

Franchise Area 1 of the City of Chicago.

NOW THEREFORE, it is hereby agreed as follows:

Section 1. Definitions

Unless the context clearly indicates that a different meaning is

intended, for purposes of this Agreement all terms, phrases, words or

their derivations shall be defined as set forth in Section 113.1-3 of

the Chicago Cable Communications Ordinance or as follows; provided,

however, that the terms, phrases, words or their derivations not defined


herein or in che Chicago Cable Communications Ordinance shall be given

their common and ordinary meanings:

A. "Activation" means that sufficient facilities have been

constructed and installed by Grantee in accordance with applicable

federal, state and local laws and regulations or other standards so as

to permit a person with proper terminal equipment to receive the

services offered by Grantee.

B. "Affiliates" means any person that directly or indirectly

controls or is controlled by or is under common control with Grantee.

C. "Completion of Construction" means the date when Grantee's cable

television system is constructed and activated pursuant to the

construction schedule set forth in Exhibit E-2 attached hereto and made

a part hereof.

D. "Franchise Area 1" means that portion of the City s e t forth in

Exhibit B attached hereto and made a part hereof.

E. "Major Outage" means that simultaneous loss of service (i.e.

total loss of signals on any cable of Grantee's subscriber network

system) occurs to five hundred (500) or more subscribers.

F. "Proposal" means the application submitted by Grantee to the

City on August 31, 1982, in response to the City's Request for Proposals

for Cable Communication Franchises dated May 27, 1982, amendments

accepted thereto, comments submitted by Grantee in response to the

consultant's Draft Evaluation Report and the public hearing record.

Section 2. Grant of Authority

2.1 Grant of Franchise

Pursuant to Section 113.1-4 of the Chicago Cable Communications

Ordinance, Chapter 113.1 of the Municipal Code of Chicago, (the


"Enabling Ordinance") which together with the Chicago Cable Echics

Ordinance, (the "Ethics Ordinance") Chapter 113.2 of the Municipal Code

of Chicago, provides the regulatory framework for all cable television

systems within the City of Chicago, the City hereby grants to Grantee a

non-exclusive franchise to construct, install, maintain and operate a

cable television system within Franchise Area 1 on the terms and

conditions set forth herein, in the Enabling Ordinance, and in the

Ethics Ordinance.

2.2 Term and Effective Date of Agreement

Pursuant to Section 113.1-6(A) of the Enabling Ordinance, the term

of this Agreement and the franchise granted hereunder shall be fifteen

(15) years from the date that this Agreement and the franchise granted

hereunder are accepted by Grantee pursuant to Section 113.1-55(A) of the

Enabling Ordinance in the form of Exhibit A attached hereto and made a

part hereof. Such acceptance shall occur subsequent to the date of

passage by City Council of an ordinance approving and adopting this

Agreement and the franchise granted hereunder. For purposes of this

Agreement, the date of such acceptance shall be deemed the effective

date of this Agreement.

2.3 Territorial Extent of Franchise and Primary Service Areas

The territorial extent of Franchise Area 1 is set forth in

Exhibit B attached hereto and made a part hereof. Pursuant to Seccion

113.1-24(B) of the Enabling Ordinance, the territorial extent of the

Primary Service Area ("PSA") for Area 1 is set forth in Exhibit B

attached hereto and made a part hereof.


2.4 Aces or Omissions of Afflliaces

During Che term of this Agreement, Grantee shall be liable for the

acts or omissions of its affiliates while such affiliates are involved

directly or indirectly in the construction, installation, maintenance or

operation of Grantee's cable television system as if the acts or

omissions of such affiliates were the acts or omissions of Grantee.

Section 3. Incorporation of Other Documents By Reference

This Agreement incorporates by reference Grantee's proposal in its

entirety. Grantee agrees that in the case of conflict or ambiguity

between Grantee's proposal and this Agreement and/or the Enabling

Ordinance, this Agreement and/or the Enabling Ordinance shall prevail.

Furthermore, this Agreement supplements the regulatory framework set

forth in the Enabling Ordinance and the provisions of this Agreement

shall at all times be read for consistency and compatability with the

provisions of said Enabling Ordinance.

Section 4. Franchise Fee and Other Fees

The terms and conditions set forth herein are pursuant and in

addition to the terms and conditions set forth in Sections 113.1-5(0)

and 113.1-17 of the Enabling Ordinance.

4.1 Franchise Fee

Pursuant to Sections 113.1-17(A) and (B) of the Enabling Ordinance,

Grantee shall pay to the City a franchise fee of five percent (5%) of

the annual gross revenues received during the period of its operation

under this Agreement.

4.2 Subsequent Action Affecting Franchise Fee

If during the term of this Agreement any court, agency or other

authority of competent Jurisdiction takes any action or makes any

2/4/85 REPORTS OF COMMTITEES 13045

declaration that adversely affects the amount of che franchise fee sec

forCh in Seccion 4.1 hereof, che Cicy and Grantee shall enter into

negotiations to amend this Agreement to make the City whole in a manner

consistent with said accion or declaration by restoring the City to a

position equivalent to that which it held prior to said action or

declaration.

4.3 Prepayment of Franchise Fee

Grantee shall pay to the City as prepajrment of its franchise fee

the amount of three million dollars ($3,000,000.00). Such prepayment

shall be made in two equal installments, the first of which is due on

the date of filing of Grantee's acceptance pursuant to Section

113.1-55(A) of the Enabling Ordinance and the second of which is due

within thirty (30) days thereafter. The amount of such prepayment shall

be credited against the amount determined to be payable in franchise

fees for any year until the amount determined to be payable in franchise

fees equals the amount of such prepayment; provided, however, that

Grantee shall comply with the filing requirements set forth in Section

113.1-17(B) of the Enabling Ordinance during the period in which such

prepayment is being credited.


This section is not applicable to Franchise Area 1.

4.5 Acceptance Fee

Upon filing its acceptance pursuant to Section 113.1-55(A) of the

Enabling Ordinance, Grantee shall pay to the City in addition to the

franchise fee and other fees or forms of compensation set forCh herein

an amounc equal Co $402,431.03 as decermlned by che Mayor, co be used Co

offsec all costs incurred by the City in granting the franchises which

13046 JOURNAL-.CTTY COUNCIL-CfflCAGO 2/4/85

are not defrayed by the application fees required under Section

113.1-5(B) of the Enabling Ordinance.

4.6 Other Fees

Pursuant and in addition to Section 113.1-31(A) of the Enabling ;

Ordinance, Grantee shall pay all fees necessary to obtain all federal,

state and local licenses, permits and authorizations required for the

ll

construction, installation, maintenance or operation of its cable

television syscem; provided, however, that no special fee shall be

imposed on Grantee by the City for any such license, permit or

authorization other than standard fees applicable to other persons for

such licenses, permits or authorizations and that no fee shall be

imposed on Grantee by the City for any permits and/or inspections for

attachments to utility poles or service drops. Furthermore, the City

shall use its best efforts to assist Grantee in obtaining all such local • , i •

licenses, permits and authorizations in an expeditious and cimely

manner.

4.7 Not a Tax

Payment by Grantee to the City of the franchise fee and other fees

set forth herein shall not be considered in the nature of a tax, but

shall be in addition to any and all' federal, state and local taxes,

which are separate and distinct obligations of Grantee.

Section 5. Insurance and Bonds

5.1 Amounts

Pursuant to the terms and conditions set forth in Section 113.1-18

of the Enabling Ordinance, Grantee shall obtain, pay all premiums for

and file with the City Comptroller written evidence of payment of

premiums and executed duplicate copies of the following:


a) -A General Comprehensive Liabilicy Policy pursuanc co Seccion

113.1-18(A)(1) of che Enabling Ordinance liscing che Cicy as a

co-insured wich a minimum liabilicy amounc of five hundred

Chousand dollars ($500,000.00) for primary coverage and six

million five hundred Chousand dollars ($6,500,000.00) for

excess coverage.

b) A Property Damage Insurance Policy pursuant to Section

113.1-18(A)(2) of the Enabling Ordinance listing the City as a

CO-insured with a minimum liability amount of five hundred

thousand dollars ($500,000.00) for primary coverage and three

million five hundred chousand dollars ($3,500,000.00) for

excess coverage.

c) A performance bond pursuanc Co Seccion 113.1-18(A)(3) of Che

Enabling Ordinance with a minimum amount of three million

dollars ($3,000,000.00); provided, however, that the amount of

such bond may, at Grantee's option, be reduced to two million

dollars ($2,000,000.00) upon construction of fifty percent

(50Z) of Grantee's cable television system and may, at

Grantee's option, be further reduced to one million dollars

($1,000,000.00) upon completion of construction of Grantee's

cable television system.

5.2 Right to Require Replacement of Bonds or Insurance

If the City becomes aware of the financial conditions of any

bonding or insurance company issuing a performance bond or insurance

policy to Grantee as required herein where, if such conditions were

known at the time, the City Comptroller, pursuant to Section 113.1-18 of

the Enabling Ordinance, would not have approved the surety of the bond

13048 JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85

or the Corporacion Counsel would noC have found che form of che bond or

Che insurance policies sacisfactory or if the financial conditions of

such bonding or insurance company materially change Co che excenc Chac

such approvals would not have been made, the City may, at any time,

require that any such bond or insurance policy be replaced with such

other bond or insurance policy consistent with the requirements set

forth in this Section.

5.3 Alterations

Grantee shall not materially change or alter the terms or

conditions of the performance bond or insurance policies referred to

herein or replace or cancel said bond or insurance policies except upon

thirty (30) days prior written notice to the Commission. Said changes

or alterations or replacement bond or insurance policies shall satisfy

the requirements set forth herein and in Section 113.1-18(A) and (B) of

the Enabling Ordinance and be in a form satisfactory to the Corporation

Counsel.

5.4 Commission's Right To Increase Minimum Amount

In the event of changed circumstances that would render the amounts

of the Insurance policies set forth in Section 5.1 hereof inadequate,

the Commission reserves the right to reasonably increase the minimum

amounts of such insurance policies upon sixty (60) days prior written

notice to Grantee in order to ensure adequate protection to the City.

Within sixty (60) days after such notice. Grantee shall increase the

amounts of such insurance policies, as applicable, to an amount equal to

or greater than the increased minimum amounts.


5.5 No Excuse from Performance

None of the provisions contained herein nor the performance bond or

any of the insurance policies required herein shall be construed to

excuse the faithful performance by Grantee of the terms and conditions

of the Enabling Ordinance and chis Agreement or limit the liability of

Grantee under the Enabling Ordinance and this Agreement for any and all

damages in excess of the amounts of such performance bond or insurance

policies.

5.6 Endorsement

The performance bond and insurance policies referred to herein

shall contain the following endorsement:

"It is hereby understood arid agreed that the surety [insurance

company] will not cancel or refuse to renew this performance bond

[insurance policy] without giving the City Comptroller and the

Commission written notice, by registered mail, of its intention to

cancel or not to renew, at least thirty (30) days prior to such action."

5.7 Insurance for Contractors and Subcontractors

Grantee shall provide coverage for any contractor or subcontractor

involved in the construction, installation, maintenance or operation of

its cable television system by either obtaining the necessary

endorsements to its insurance policies or requiring such contractor or

subcontractor to obtain appropriate insurance coverage consistent wich

Sections 113.1-18(A) and (B) of the Enabling Ordinance and appropriate

to the extent of its involvement in the construction, installation,

maintenance or operation of Grantee's cable television system.

10


Section 6. Letter of Credit

6.1 Amount

Pursuant to the terms and conditions set forth in Section 113.1-19

of the Enabling Ordinance, the amount of the letter of credit shall be

five hundred thousand dollars ($500,000.00); provided, however, that the

amount of the letter of credit shall be three hundred seventy five

thousand dollars ($375,000.00) per franchise area if the Grantee or ics

affiliates participates in two of the City's franchise areas; provided,

further, that Che amount of the letter of credit shall be three hundred

fifty thousand dollars ($350,000.00) per franchise area if the Grantee

or its affiliates participates in three of the City's franchise areas.

6.2 Endorsement

Pursuant and in addition to Section 113.1-19(E) of the Enabling

Ordinance, the letter of credit referred to herein shall contain the

following endorsement:

"It is hereby understood and agreed that the surety will not cancel

or refuse to renew this letter of credit without giving the City Comp

troller and the Commission written notice, by registered mail, of its

intention to cancel or not to renew, at least thirty (30) days prior to

such action."

Section 7. Programming Services and Fees

7.1 Subscriber Services and Fees '

Grantee shall provide to subscribers the broad categories of

programming services set forth in Exhibit C attached hereto and made a

part hereof. Grantee shall have the' authority and right to change the

monthly subscriber fees for all such services upon thirty (30) days

prior written notice to the Commission and the subscribers affected

11


thereby. Such authority and right of Grantee to change said monthly

subscriber fees shall exisc uncil such cime as che Cicy exercises iCs

rlghc Co eseablish procedures for che review of subscriber races

pursuant to Section 113.1-21(E) of the Enabling Ordinance.

7.2 User Services and Fees

Grancee shall provide to users the services at the discounted rates

set forth m Exhibit D attached hereto and made a part hereof.

Furthermore, Grantee shall file with the Commission a description of all

its user services and the fees to be charged therefor thirty (30) days

prior to the marketing of any such services.

7.3 New Subscriber Services

In the event any new subscriber services are proposed by Grantee to

be offered on Grantee's cable television system. Grantee, pursuant to

Section 113.1-22(E) of the Enabling Ordinance, shall file with the

Commission a description of such services and the fees to be charged

therefor thirty (30) days prior to any marketing of such services.

7.4 Promotions and Discounts

Pursuant and in addition to Section 113.1-21(G) of the Enabling

Ordinance, Grantee may, for promotional purposes, offer service tiers,

pay-per-channel or other services at discounted fees. Grantee shall

file a description of such services and the fees to be charged therefor

wich che Commission forcy-eighc (48) hours prior Co any markeeing of

such services.

7.5 No Incerference Wich Service

If che Commission fails, if required, Co approve a requesc by

Grancee Co increase che fees charged for ics services or Co decrease che

services or channels offered or if che Council, pursuanc Co Seccion

12


113.1-21 fails, if required, Co approve Grancee's pecicion for a change

in its fee schedule. Grantee shall not deny, delay, interrupt or

terminate any of its services because such requests or petitions were

denied.


If the installation of a service outlet requires an aerial drop in

excess of oae hundred fifty (150) feet or an underground drop in excess

of seventy-five (75) feet. Grantee may charge the subscriber an amount

that is equal to the costs of time and materials in accordance with

industry standards for that portion of the drop in excess of one hundred

fifty (150) feet or seventy-five (75) feet, respectively. Grantee shall

provide the subscriber a written estimate of the costs of installing an

extra-long drop and obtain such subscriber's written consent prior to

any insCallatlon of such drop; provided, however, that Grantee may

require an advance payment of such costs from such subscriber as a

condition of performing the requested installation.

7.7 Non-Standard Installations

If a subscriber requests a non-standard installation for aesthetic

purposes including, buc noC limiced Co, opCional underground

construction pursuant to Section 113.1-30(E) of the Enabling Ordinance,

concealed wiring or routing from the tap to the dwelling unit that

differs from the easiest route that could otherwise be taken (usually

following Che Celephone drop) which results in greater costs. Grantee

may charge the subscriber for such non-standard installation in an

amount equal to the costs of time.and materials in accordance with

industry standards. Grantee shall provide such subscriber a written

estimate of the costs of such installation and obtain the subscriber's

13


written consent prior co any such inscallacion; provided, however, that

Grantee may require an advance payment of such costs from such

subscriber as a condition of performing the requested installation.

7.8 Competing Technologies

Notwithstanding any other provisions of this Agreement and except

as provided herein. Grantee shall not be required to provide services to

subscribers by rewiring buildings already wired for a competing

technology so as to allow the residents of said building to receive

non-broadcast video services. Upon the request of any landlord or any

condominium or tenant association of any building already wired for a

competing technology. Grantee, in a timely manner consistent with the

construction schedule referred to in Section 11.2 of this Agreement,

shall undertake a good faith effort including such pre-marketing and

pre-construction design activities as may be necessary in order to

ascertain the economic viability of providing cable television service

to said building. Upon completion of its ascertainment, Grantee shall

inform the person who made such requesc of the results of said

ascertainment. Where the results of said ascertainment demonstrate the

economic viability of said building,, Grantee shall provide service in

accordance with the construction schedule referred to in Section 11.2 of

this Agreement. Where the results of said ascertainment fail to

demonstrate the economic viability of said building. Grantee shall

provide a written explanation of the results of said ascertainment to

the person who initially requested said ascercainmene.

14


Seccion 8. Syscem Design

8.1 Subscriber Necwork SvsCem

Grancee shall consCrucC a subscriber necwork syscem ucilizing one

trunk and one feeder cable, providing a minimum upper limit bandwidth of

550 MHz with return transmission paths, which shall be capable of

transmitting aighty-two (82) channels downscream and four (4) channels

upstream in accordance with the design set forth in Section VI of

Grantee's proposal notwithstanding Che upper limic bandwidch or number

of cables referred Co therein. Such system shall be designed and

constructed as a 550 MHz system with 550 MHz high capacity passives to

provide a minimum of eighty-two (82) channels downstream and four (4)

channels upstream and initially be activated at a minimum upper limit

bandwidth of 450 MKz providing a minimum of sixty (60) channels

downstream, activated upon initation of service to subscribers. Grantee

shall expand the initial channel capacity of such system as soon as 550

MHz technology has been reasonably perfected to ensure high performance

and qualicy throughout the distribution necwork system and as soon as

reasonably practicable after notice by the Commission pursuant to its

finding that such additional channel capacity is needed. Grantee may

also utilize an alternative technology or a combination of alternative

technologies to provide cable service to subscribers; provided, however,

that said alternative technology or combination thereof provides a

minumum of fifty-four (54) non-broadcast channels downstream, activated

upon initiation of service to subscribers. When it is technically and

economically feasible. Grantee shall expand the initial capacicy of

those portions of its cable television system utilizing an alternative

technology or combination thereof as soon as reasonably practicable

15

2/4/85 REPORTS OF COIVIMTTTEES 13055

after notice by the Commission pursuant to its finding chac such

addlcional channel capacicy is needed.

8.2 Inscicucional Necwork Svscem

Grantee shall provide capacity on the subscriber network system for

an institutional network system. If Grantee determines the need for

additional channel capacity or the activation of upstream channel

capacity for its institutional network system. Grantee shall provide

such additional capacity or activate any or all of such capacity either

on the subscriber necwork system or on a separace InsCiCutional network

system upon its determination that such capacity is technically and

economically feasible.

8.3 Twenty-Four Hour Operation

Both the subscriber and institutional network systems shall be

designed and operated to ensure that such systems are in operation and

are capable of transmitting and receiving signals twenty-four (24) hours

per day; provided, however, that the operation of such systems may be

interrupted by Grantee only during the times and for the reasons set

forth in Section 113.1-29(E) of the Enabling Ordinance.

8.4 Transmissions Between the Subscriber and Institutional Network

Systems

Both the subscriber and Institutional network systems shall be

designed so as to prevent access from either the subscriber network

system onto the institutional network system or from the institutional

network system onto the subscriber network system except upon the mutual

agreement of Grantee and the originator of a transmission or as

otherwise specified in this Agreement.

16


8.5 Alternative Design

If Grantee elects to use an alternative to the design set forth in

Section VI of Grantee's proposal as modified by Sections 8.1 and 8.2

hereof, such alternative design shall equal or exceed the performance

and capabilities of the design set forth therein. Grantee shall submit

such alternative design with appropriate documentation to the Commission

sixty (60) days prior to the implementation of such design in the

construction or installation of its cable television system.

8.6 Incerference

Grantee's cable television system shall be designed to minimize

accumulation of upstream thermal noise and all connectors, splices and

other equipment used therein by Grantee shall be designed, manufactured

and installed so as to minimize signal leakage or ingress.

8.7 Reliability and Safety

Grantee, in order to promote reliability and safety, shall protect

Its equipment in a suitable manner from possible damage due to abnormal

electrical surges. All trunk amplifiers shall contain automatic or

manual gain and slope control circuitry designed to maintain high levels

of signal quality over varying temperature conditions; provided,

however, that no less than one-half of all trunk amplifiers shall

contain automatic gain and slope control circuitry.

8.8 Satellite Earth Stations

Grantee shall, at a minimum, provide and maintain sufficient LNAs,

LNCs and tunable receivers to ensure the uninterrupted carriage of all

satellite-delivered services offered on Grantee's cable television

system. Furthermore, Grantee shall provide an uninterruptible power

17


supply .U.f.bi.j tor all equipment necessary to carry sucn

satellite-delivered services.

8.9 Standby Power

Grantee shall either provide standby power as set forth in Section

VI-(20-21) of Grantee's proposal or provide and maintain equipment-

capable of providing standby power for its headend and hub facilities

for a minimum of eight (8) hours and for the transportation and

distribution amplifiers for a minimum of two (2) hours at any

temperature above -lO'F; provided, however, that standby power for the

transportation and distribution amplifiers may be maintained at a

minimum of one (1) hour at any temperature above -10''F if: (1) an

automatic remote visual and aural alarm is provided and continuously

monitored twenty-four (24) hours per day and automatically indicates

when a standby power unit is operating in an emergency mode; (ii) a pool

of portable generators capable of providing the requisite power are

conveniently located; and (iii) procedures are established to ensure the

prompt dispatch of a portable generator to any standby power unit

operating in an emergency mode.

8.10 Standby Capability

Grantee shall provide and maintain facilities including a diversity

of failure modes to ensure standby capability so that the failure of any

part of Grantee's cable television system does not result in a loss of

service throughout said system.

8.11 Status/Performance Monitoring Equipment

Where the bi-directional trunk of Grantee's cable television system

has been activated. Grantee shall locate automatic status/performance

monitoring equipment at not fewer than one-third (1/3) of all trunk

18


amplifier stations on its subscriber network system, including super

trunk amplifier stations used to interconnect Grantee's hubs and

headends. The status/performance monitoring system shall provide a

record indicating the date, time and nature of the defect or fault and,

at a minimum, be capable of indicating the total loss of one or more

control carriers. Furthermore, Grantee shall provide monitoring

equipment sufficient to ensure the reliable performance of its

institutional network system.

8.12 Equipment

In the construction and installation of its cable television

system. Grantee shall install the equipment set forth in Section VI of

its proposal; provided, however, that Grantee may substitute such

equipment with equipment of equivalent or better quality and function

consistent with the requirements set forth in Sections 8.1 and 8.2

hereof upon prior written notice to the Commission. Such notice shall

provide a description of the proposed equipment and the reasons for the

substitution. All equipment used in the construction and installation

of Grantee's cable television system shall be new; provided, however,

that Grantee may, in specific instances, seek a waiver from the

Commission of said requirement. In any event Grantee shall retain che

necessary invoices and records as proof of ics purchase chereof for a

period of noc less chan cwo (2) years.

8.13 Sacellice Uplink

Subjecc Co regulacory approval, Grancee, upon complecion of

conscrucclon of eighey percene (80%) of iCs cable Celevision syscem

pursuanc Co che conscrucclon schedule sec forch in ExhibiC E-2 aCCached

hereCo and made a pare hereof, shall provide or procure from a chird

19


parcy sufficienc sacellice uplink capacicy Co meec che reasonable

demands on Grancee for discribucion of video, daca and ocher signals

originacing wlchin che Cicy Co areas oucside che Cicy. GranCee shall

expediciously seek and bear Che cosCs of seeking Che necessary

regulacory approval and file proof thereof with che Commission.

Seccion 9. Technical Scandards

9.1 Performance Requiremenes

Graneee shall maintain the following minimum performance standards

at the output of any trunk or distribution amplifier on both the

subscriber and institutional network systems:

Visual carrier-to-noise ratio 46 dB Minimum

Visual carrier-to-composite triple beat ratio

Without HRC or IRC 53 dB Minimum

With either HRC or IRC 47 dB Minimum


On Grantee's subscriber network system, visual carrier-to-noise

ratios shall be measured with proper termination at all off-air signal

processor and TV demodulator input ports and video input ports of the

VSB/AM modulators nearest Co che source of program originacion.

Demodulators, modulators and processors including AML and FMTV

equipment, utilized at switching and relay points, shall be connected

for normal operation. To demonstrate composite triple beat performance,

the necessary test signals shall be connected to the combining network

port nearest to the normal source for each channel; provided, however,

that such test signals may be the normal source for each channel and

provided, further, Chac such CesC signals may be Che normal modulacors

wich cerminaeed video inpue processors in scandby carrier mode or

20


separace mulci-channel or single channel generacors. In any evenc, che

HRC or IRC phase-lock circuicry shall be Cemporarily disabled Co ensure

chac all carrier frequencies are separaCely concrolled. ObservaClons of

boch noise and composice Criple beaC shall be made at the output port or

the test port of the most remote line extender amplifier, or of the most

remote trunk amplifier if no line extender amplifier exists, on each

segregated trunk from each hub or headend. Prior to utilizing the

upstream portion of its subscriber necwork syscem for che cransmission

of subscriber or user video signals, Grancee shall submlc Co che

Commission for approval a plan which esCablishes performance scandards

and mechods of measuremenC for Che ucllizacion of such upscream porcion.

9.3 Inscicucional Necwork Svstem

Downstream performance of Grantee's institutional network system

may be observed in a manner comparable to the methods set forth in

Section 9.2 hereof for the subscriber network system; provided, however,

since no "normal" channel carrier shall be in place, the input port in

the downstream system shall be located at the channel combiner at the

designated control points with all switching and relay facilities set in

the "normal" position for transmitting signals from such control points.

The number of carriers used by Grantee for the observation of such

downstream performance shall be equal to one-sixth of the useable pass

band measured in MHz. If such an arrangement is not feasible. Grantee

shall submit an alternative method for appropriate observation of the

downstream performance of its institutional network system to the

Commission for approval. In addition, upstream performance of Grantee's

institutional network system shall be observed by connecting signal

inputs, in turn, at the extremities of each segregated trunk connected

21


to each hub of Grantee's cable television system. Upstream performance

observations shall be made at Grantee's main headend facility with all

switching and relay circuits set in the "normal" position for

transmitting signals to said headend. The number of carriers used for

the observation of such upstream performance shall be one-sixth of the

useable pass band measured in MHz. If such an arrangement is not

feasible. Grantee shall submit an alternative method for appropriate

observation of the upstream performance of its institutional network

system to the Commission for approval.

9.4 Performance Measurement Standards

In order to properly conduct the performance observations set forth

in Sections 9.2 and 9.3 hereof. Grantee shall ensure that all amplifiers

and other equipment are in normal operating condition with ASGC control

carriers properly adjusted.

9.5 Data Transmissions

The Bit Error Rate (BER) for all point-to-point data transmissions

on Grantee's cable television system shall not exceed one multiplied by

—8 ten to the negative eighth power (1 X 10 ) unless error detection and

correction protocols are provided in accompanying software to ensure

reliable transmission of all point-to-point data notwithstanding a

larger Bit Error Rate (BER).

9.6 Interference

In order to ensure that the operation of its cable television

system does not cause objectionable interference to any television or

radio reception. Grantee shall comply with applicable FCC rules and

regulations.

22


9.7 Test Procedures

Pursuant and in addition to Section 113.1-28(A) of the Enabling

Ordinance, Grantee shall conduct its technical performance tests in

accordance with Che procedures set forth in the latest edition of

"Standards of Good Engineering Practices for Measurements on Cable

Television Systems," NCTA-008-0477. Grantee shall also submit to che

Commission initial proof of performance tests for each portion of

Grantee's cable television system activated pursuant to Grantee's

construction schedule as set forth in Exhibit E-2 attached hereto and

made a part hereof.

9.8 System Monitor Test Points

Pursuant and in addition to Section 113.1-28(8) of the Enabling

Ordinance, the minimum number of system monitor test points for

Grantee's cable television system shall be thirty-six (36).

Section 10. Maintenance of System

During che term of this Agreement, Grantee shall maintain its cable

television system in good repair and condition.

Section 11. Construction Schedule and Other Reports

The following provisions are set forth pursuant and in addition to

Section 113.1-31 of the Enabling Ordinance.

U.I Construction Timetable

Upon request of the City, Grantee submitted to the City a

construction timetable as an alternative to Section VII-A.3. of

Grantee's proposal as set forth in Exhibit E-3 attached hereto and made

a part hereof. Exhibit E-3, in addition to Exhibit VII-A.3.a. and

Sections VII-B.2. and VII-B.3. of Grantee's proposal, shall be

23

2/4/85 REPORTS OF COMIMTTTEES 13063

enforceable under the terms and conditions of the Enabling Ordinance and

this Agreement.


Pursuant to Section 113.1-31(0) of the Enabling Ordinance, Grantee

shall, within three (3) months of the date of its acceptance of this

Agreement, furnish the Commission a complete construction schedule and

map. Such schedule and map shall be consistent with Grantee's

construction timetable referred to herein which upon approval by the

Commission shall be attached hereto as Exhibit E-2 and made a part

hereof. More specifically, such construction schedule shall be set

forth by utility quarter section and indicate the approximate amount of

plant mileage within Franchise Area 1 to be constructed and activated on

the subscriber network system on a quarterly basis and the scheduled

dates for completion of construction of all major facilities. Grantee's

construction schedule shall be submitted by Grantee to the Commission on

forms set forth in Exhibit E-l. Grantee's construction map shall, at a

minimum, set forth the location of all major facilities, trunk and

supertrunk lines for Grantee's subscriber system. Furthermore,

Grantee's construction schedule and map shall be updated whenever

substantial changes become necessary. A substantial change in the

construction schedule shall be deemed to occur whenever an adjustment is

necessary that would result in a delay in Grantee's quarterly schedule

as set forth therein. In no event shall a change in the construction

schedule that would result in a delay inconsistent with Grantee's

construction timetable referred to in Section 11.1 hereof be permitted

except upon prior approval of the Commission. In addition, upon

commencement of construction of its cable television system. Grantee

24

13064 JOURNAL-CTTY COUNCEL-CfflCAGO 2/4/85

shall, for informational purposes on the forms set forth in Exhibit E-l

attached hereto and made a part hereof, notify the Commission in writing

on a monthly basis of those areas where strand or cable has been

Installed or where service is being provided.

11.3 "As Built" Maps

Grantee shall submit to the Commission "as built" maps for portions

of Grantee's cable television system that have been constructed and

activated pursuant to the construction schedule referred to in Section

11.2 of this Agreement as soon as such maps are completed by Grantee.

Said maps, set forth by utility quarter sections, shall at a minimum

include cable routings and the location of amplifiers, power supplies

and system monitor test points.

11.4 Third Party Litigation

Grantee agrees that, except to the extent it is prevented from

doing so by order of a court or administrative agency having appropriate

jurisdiction, litigation instituted by a third party shall not suspend

Grantee's obligation to construct, install and activate its cable

television system in accordance with the construction schedule referred

to in Section 11.2 of this Agreement.

Section 12. Construction Requirements and Standards

12.1 General

Grantee shall construct, install, maintain and operate its cable

television system in a safe, orderly and workmanlike manner utilizing

only materials of good, durable quality with due respect for engineering

considerations and in accordance with applicable federal, state and

local laws and regulations.

25


12.2 Compliance Standards

Pursuant and in addition to Section 113.1-27(A) of the Enabling

Ordinance, Grantee shall at all times comply with the following:

(a) National Electrical Safety Code of the

American National Standards Institute (latest

fcdition);

(b) National Electrical Code of the National Fire Protection

Association (latest edition);

(c) UL Code, (latest edition);

(d) Tower Standards: 1. EIA-RS-222-A

2. FAA

3. Department of Transportation

12.3 Construction and Installation Manual

Grantee shall submit to the Commission a manual which sets forth

the specifications, standards and procedures for construction and

installation of its cable television system. Said manual shall be

consistent with the highest standards of the cable television Industry

and shall, at a minimum, establish procedures to ensure quality work and

provide for the safety and protection of residents and property. Said

manual shall be submitted to che Commission noc lacer Chan sixcy (60)

days prior Co commencemenc of conscrucclon of Grancee's cable Celevision

syscem.

12.4 Grancee's Conscrucclon and Inspeccion Manual

GranCee shall submic a "Conscrucclon and Inspeccion Manual for

Grounding, Bonding, and Surge ProCecCion," Co Che Commission noc lacer

26


Chan sixcy (60) days prior Co Che commencemenc of construction of its

cable television system. Such manual shall, at a minimum, cover the

following:

(a) Aerial Pole Lines

(b) Ground Resistance Measurement

(c) Grounding and Bonding Locations

(d) Underground Construction

(e) Service Drops - Aerial

(f) Service Drops - Underground

(g) Towers

(h) TVROs (Including LNAs and LNCs)

(1) Buildings

(j) Power Supplies

(k) Amplifiers

(1) Operating Reliability Goals

12.5 Engineering Site Survey

Grantee shall submlc to the Commission a fully coordinated

engineering site survey of all its off-air broadcast and satellite

signal reception sites demonstrating adequate clearance from

interference not later than sixty (60) days prior to commencement of

conscrucclon of its cable Celevision syscem.

12.6 Rescoration

Pursuant and in addition to Section 113.1-30(F) of the Enabling

Ordinance, Grantee shall promptly restore or replace the public way or

private property in as good a condition as before the work causing such

disturbance was done; provided, however, ChaC where conditions prohibic

prompc rescoracion or replacemenc of the public way. Grantee may request

27

2/4/85 REPORTS OF COIVEMTTTEES 13067

an extension from the City, which request shall not unreasonably be

denied. Grantee shall conduct all restoration or replacement in a

competent and efficient manner minimizing disruption and inconvenience

to others.

12.7 Tree Trimming on Public Property

Pursuant and in addition to Section 113.1-30(1) of the Enabling

Ordinance, Grantee, in trimming trees or other foliage on public

property, shall properly and promptly dispose of such trimmings.

12.8 Tree Trimming on Private Property

GranCee shall noc crim any cree or ocher foliage locaCed on private

property prior to obtaining the consent of the owner of said property.

Such trees or other foliage shall be trimmed at Grantee's own expense

and trimmings therefrom shall be properly and promptly disposed of.

12.9 State-of-the-Art

Grantee's cable television system shall be designed, constructed

and operated as a state-of-the-art cable television system as provided

in Section 8 of this Agreement. If, as a result of technological

developments, the quality or quantity of programming or services

available to subscribers or users of Grantee's cable television system

could be greatly enhanced, the Grantee shall, at the request of the

Commission, investigate the feasibility of implementing such new

developments and shall Implement such technological developments if such

implementation (1) can be done without adding an unwarranted financial

burden Co subscribers and (11) is economically feasible and viable for

GranCee. In decermining whecher or noc GranCee shall be required Co

implemenc such new developmencs, che Commission and GranCee shall

consider, among ocher faccors, che remaining cerm of chis Agreemenc,

28


performance demonsCraCing Che operacional feasiblliCy of che new

developmencs, construction costs, the adaptability of such developments

to Grantee's cable television system or any part thereof and, the

potential marketability of the new services and other factors affecting

the economic feasibility and viability of implementation of the new

developments.

12.10 Contractors and Subcontractors ,

All contractors or subcontractors of Grantee must be properly

licensed under all applicable federal, state and local laws and

regulations. Grantee shall be solely and completely responsible for all

acts or omissions of any such contractor or subcontractor in the

construction, installation, maintenance or operation of Grantee's cable

television system.

Section 13. Extension of Service

13.1 New Developments

Grantee shall, upon request for service, provide service to all new

developments located within the Primary Service Area of Franchise Area 1

if the new development is located within a portion of the Primary

Service Area where construction of Grantee's cable television system has

been completed or is in the process of being completed; provided,

however, that Grantee may, upon approval of the Commission, extend the

time for providing such service.

13.2 Annexation

Upon annexation by the City of any new territory contiguous to

Franchise Area 1, Grantee shall, at the request of the City, provide

service to said area upon terms and conditions mutually agreed to by the

City and Grantee; provided, however, that Grantee may, upon Commission

29


approval, postpone the time for providing service to said area where it

would result in a delay in Grantee's construction schedule as set forth

in Exhibit E-2 attached hereto and made a part hereof.

13.3 Line Extension Policy

Pursuant to Section 113.1-25(A) of the Enabling Ordinance, Grantee

shall extend its cable television system and make service available in

Franchise Area 1 beyond the Primary-Service Area as set forth in Exhibit

B attached hereto and made a part hereof in accordance with Grantee's

construction timetable as set forth in Section 11.1 of this Agreement.

Grantee shall maximize the extent to which service is made available in

the Line Extension area in accordance with the plan and policy for

extending service set forth in Exhibit VII-A.4 of Grantee's proposal.

Grantee shall, not later than ninety (90) days prior to the commencement

of construction of its cable television system in each Community

Planning Area contained in whole or part in the Line Extension Area,

submit to the Commission its construction schedule, system design maps

and such other documentation as necessary in accordance with the terms

and conditions of this section. Commencing six (6) months after the

completion of construction of those portions of its cable television

system constructed pursuant to this section. Grantee shall, on an annual

basis, submit a report to the Commission detailing its plans and

progress in extending cable television service to the entirety of

Franchise Area 1.

Section 14, Removal of System

14.1 Removal By Grantee

If the Council requires the removal of all of Grantee's property

located within the public ways of the City pursuant to Section 113.1-10

30


(D)(3) or Section 113.1-11(F) of the Enabling Ordinance, Grantee, at its

own expense, shall remove such property within one (1) year after

complete cessation of Grantee's service or such longer period as

approved by the Council and under supervision of the City, shall repair

and restore the public ways pursuant to Section 113.1-30(F) of the

Enabling Ordinance. Grantee shall be responsible for any and all damages

caused by such removal. If the Council requires the removal of all of

Grantee's property located within the public ways of the City pursuant

to Section 113.I-IO(D)(3) or Section 113.1-11(F) of the Enabling

Ordinance and if, after complete cessation of Grantee's service. Grantee

fails Co remove or cause che removal of all of ies propercy locaced

wiehin che public ways of Che Cicy wiehin one (1) year or such longer

period as approved by Che Council, che Cicy shall deem such propercy

abandoned and such propercy, aC Che opeion of Che ClCy, shall become

propercy of che ClCy.

14.2 Removal By ClCy

If Che Council requires Che removal of all of Grancee's propercy

located within the public ways of the City pursuant to Section

113.1-10(D)(3) or Section 113.l-ll(F) of the Enabling Ordinance and if

Grantee fails to remove or cause the; removal of all of its property

located within the public ways of the City within one (1) year after

complete cessation of Grantee's service, or such longer period as

approved by the Council, the City may remove or cause the removal of

such system; provided, however, that the City shall be reimbursed for

the total costs of such removal to the extent that such costs exceed the

amount of the performance bond set forth in Section 5.1 of this

Agreement.

31

2/4/85 REPORTS,OF COIVIMTTTEES 13071

Section 15. Intra-City Interconnection

15.1 Purpose

Pursuant and in addition to Section 113.1-34 of the Enabling

Ordinance, Grantee shall cooperate with other grantees to interconnect

all cable television systems within the City to ensure that the granting

by the City of separate franchises does not restrict utilization of such

systems on a City-wide basis. Sufficient Interconnection is essential

for access channels, local origination channels and the institutional

network system to facilitate City-wide and geographically-targeted

programming and services.


Interconnection of all cable television systems within the City

shall, at a minimum, provide adequate capacity for one (1) channel

including two (2) subcarrlers to be delivered from each of grantees'

franchise areas to a central interconnection facility and four (4)

channels including two (2) subcarrlers to be delivered to each of

grantees' franchise areas from a central interconnection facility.

Said interconnection shall be operational within one (1) year of service

being delivered by any grantee to its first subscriber. Additional

channel capacity shall be Incrementally activated on an as-needed basis

up to two (2) channels to be delivered from each franchise area to a

central interconnection facility and eight (8) channels to be delivered

to each franchise area from a central interconnection facility;

provided, however, that the grantees as part of the interconnection plan

referred to in Section 15.3 of this Agreement may submit an alternative

design that equals or exceeds the performance and capabilities of the

design referred to herein.

32

13072 JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85-

15.3 Plan of Interconnection

Grantee, in cooperation with other grantees, shall develop a plan

of interconnection consistent with the requirements set forth in this

Section, Such plan shall address in detail all areas necessary to

Implement an interconnection system for the City, including, but not

limiced Co, organizaCional sCrucCure, admlniscracion, design, financing,

projeceed coses and expenses, cechnical performance and conseruccion

scandards, channel bandwidch allocadon procedures, conscrucclon,

operadon, malncenance and upgrading of che Incerconnecclon sysCem,

Such plan shall be submlcced Co Che Commission for approval wlchin

ninecy (90) days of che effecclve date of this Agreement; provided,

however, that the Commission may extend the time for submission of such

plan upon request by all such grantees. In the event all such grantees

are unable to agree upon such a plan within ninety (90) days or such

longer period as approved by the Commission, the Commission shall act as

the arbitrator and its decision shall be final and binding on all such

Grantees. Upon Commission approval, such plan shall be attached to this

Agreement as Exhibit M and made a part hereof.

15.4 Incerconnecclon Responsibilicies

All grancees wiehin Che ClCy, shall be responsible for: (1)

providing and covering che coses of all equipmenc and facllieies

necessary Co implemenc Che plan of incerconnecclon referred Co in

Seccion 15.3 hereof, (11) obcaining all licenses, pennies and

auchorizacions necessary Co conduce and operace such incerconnecclon

syscem, and (111) covering all capiCal coses and operacional and

malncenance expenses associaCed cherewich, as provided in said plan of

incerconnecclon.

33


15.5 Conseruccion and Technical Standards

The Incerconnecclon syscem shall be designed, conscrucced,

inscalled, mainCained and operaced in accordance wich che scandards see

forch in Seccion 113.1-26(A), 113.1-27(A) and (C) and 113.1-28(A) of che

Enabling Ordinance and Secdons 9, 10 and 12 of Chis Agreement.

Furthermore, such system shall be designed, constructed, operated and

maintained so as not to degrade the quality of any of the signals

transmitted on grantees' subscriber or institutional network systems.

15.6 Fees, Rules, Etc.

Nothing herein shall prohibit Grantee from establishing reasonable

fees for use of the interconnection system or from promulgating

reasonable rules, regulations, terms or conditions relating to the use

thereof; provided, however, that neither the City nor the CAC shall be

charged at any time for the use thereof. In addition, the Commission

shall annually review utilization of the interconnection system and the

allocation of bandwidth to the City and the CAC to ensure that the City

and the CAC have been reserved adequate capacity on the interconnection

system to meet their respective reasonable needs.

Section 16. Channel Allocation


Grantee shall at all times provide the same channel allocations for

the following channels as provided for by all grantees operating cable

television systems within the City: \

A) Three (3) local origination channels, not more than two (2) of

which may be alphanumeric;

B) All channels under the control of the Chicago Access

Corporation;

34


C) At least two (2) leased access channels;

D) At least two (2) local government access channels; and

E) All television broadcast signals required to be carried by

FCC regulations.

Grantee, in agreement with all other grantees operating cable

television systems within the City, has established a standard channel

allocation as set forth in Exhibit F atttached hereto and made a part

hereof. This allocation shall be binding on all such grantees.

16.2 FAA Conflicts

Grantee shall file requests for waivers for all channels that are

in conflict with FAA allocations with the FCC and copies of such

requests shall be filed with the Commission within ninety (90) days

after the effective date of this Agreement.

Section 17. Universal Subscriber Service


Section 18. Local Origination

During the term of this Agreement, Grantee, in cooperation wich Che

ocher grancees operaclng wlchin che Cicy, shall provide for local

orlglnaclon as sec foreh in ExhibiC G and Accachmene Gl accached hereco

and made a pare hereof.

Seceion 19. Chicago Access Corporacion

19.1 Channel Commicmencs

Pursuanc Co Seceion 113.1-36(A) of ehe Enabling Ordinance, Grancee

shall dedlcace cen percene (10%) of ics usable channels from cheir

incepcion as access channels on iCs subscriber neCwork sysCem as set

forth in Exhibit J attached hereto and made a part hereof. All such

channels shall be provided to the CAC free of charge and be under the

35


exclusive use and control of the CAC; provided, however, that such

channels are utilized by the CAC for non-commercial programming and

purposes and withouc any charges by che CAC Co any subscriber or

adverciser. Under no circumstances shall Grantee have the authority or

right to exercise any control over the use or operation of such channels

except as provided in Section 113.1-36(B) of the Enabling Ordinance.

Neither Grantee nor the CAC shall be liable for the quality or content

of programming produced or transmitted by the other.


Pursuant to Section 113.1-37 of the Enabling Ordinance, Grantee

shall, in cooperation with other grantees operating within the City, pay

directly to the CAC such capital and operating payments as set forth in

Exhibit J attached hereto and made a part hereof at the times set forth

therein. The grantees for Areas 1,2,3,4, and 5, respectively, shall be

obligated for a 20% pro-rata share of all capital payments to the CAC as

set forth in Section 4 of Exhibit J attached hereto and made a part

hereof. The grantees for Areas 2,3,4, and 5, respectively, shall be

obligated for a 25% pro-rata share for all non-capital paymencs Co che

CAC as see foreh in Secclons 2 and 3 of ExhibiC J accached hereco and

made a part hereof, recognizing that the Grantee in Area 1 shall noc be

obllgaced Co make non-capical paymencs Co Che CAC. Such paymencs

referred Co herein shall be under Che exclusive use and concrol of che

CAC pursuanc Co Che purposes and powers see foreh in Secdons 113.1-35

and 113.1-40 of che Enabling Ordinance and iCs Arcicles of Incorporaclon

adopCed pursuanc Co Seccion 113.1-38 of Che Enabling Ordinance.

36


19.3 Equipmenc

In addleion Co che faeilicies and equipmenc commitments set forth

in Exhibit J attached hereto and made a part hereof. Grantee shall

provide, free of charge, modulators and other necessary equipment to

permit full and practical utilization from the Grantee's headend

downstream, by conventional technical means, of each CAC channel as from

time to time requested by the CAC but in no evenc earlier Chan syscem

acdvadon. Furthermore, Grantee shall insure that its cable television

system is constructed and operated to enable the CAC, at its own costs,

to cablecast live programming from remote locations with no charge to

the CAC for access to Grantee's existing facilities suitable for such

purposes at Grantee's headend.

19.4 Programming Authority

Grantee shall have no authority or control over any programming

cablecast on channels dedicated to the CAC pursuant to Section 19.1

hereof. All programming cablecast on such channels shall not be

considered origination cablecasting for purposes of Grantee's compliance

with Section 76 Subpart G of the FCC rules and regulations unless

otherwise determined by the FCC with respect to Grantee. Grantee shall

have no responsibility under Section 113.1-26(0) of the Enabling

Ordinance for programming cablecast on any CAC dedicated channels.

Furthermore, nothing in this Section shall be construed to imply that

Grantee is a common carrier.

19.5 Recomputation

Commencing after the fifth year, the City, upon written request of

the CAC, which request shall be no earlier than one hundred (120) days

following conclusion of Grantee's fiscal year, shall exercise its right

37


to inspect Grantee's books and records and to audit and recompute the

amount determined to be payable to the CAC as a percentage of Grantee's

annual gross revenues pursuant to Section 113.1-17(0) of the Enabling

Ordinance provided that the City be reimbursed by the CAC for any costs

incurred in exercising such a right in the event Grantee is not liable

for said costs. If, after exercising such a right, che Cicy decermines

ChaC an addidonal amount is due the CAC, Grantee shall pay the CAC such

additional amount within thircy (30) days afcer Grancee's recelpC of

noclce from che Cicy pursuanc Co Secdon 113.1-17(C) of Che Enabling

Ordinance.

19.6 Incerese

If any of Che paymencs referred Co in Secdon 19.2 hereof are noc

made on or before ehe due daCes see forch in ExhibiC J accached hereCo

and made a part hereof, Grancee shall pay Co the CAC from such due date

on ehe amounc due and owing undl such amounc is paid in full che prime

race of inCeresC effeceive as of Che due daCe publicly announced by Che

Flrsc Nadonal Bank of Chicago. If an addieional amounc is due Che CAC

as a resulc of Che audic referred Co in Section 19.5 hereof and such

amount is not paid within said thirty (30) days after Grantee's receipt

of notice from the City pursuant toiSection 113.1-17(0) of the Enabling

Ordinance, Grantee shall pay to the CAC on the amount due and owing

until such amount is paid in full the prime rate of interest effective

as of such date publicly announced by the First National Bank of

Chicago.

19.7 CAC/Grantee Policies and Procedures

In order to facilitate smooth operations and working arrangements

between the CAC and Grantee and Co resolve all praccical dlfflculcles in

38


che implemencacion of Grancee's commicmencs Co Che CAC, wiehin one

hundred and Cwency (120) days afcer che effecclve dace of chis Agreemenc

or such laCer dace as agreed upon by Grantee and the CAC, Grantee and

the CAC shall develop written policies and procedures which shall be

filed with the Commission. Said policies and procedures shall detail

the mutual obllgacions of GranCee and Che CAC in a manner noC

inconsistent with this Agreement and shall include an acknowledgemene by

che CAC and Grantee that, with respecc Co any muCual obllgacions

provided for under Chis Agreemenc and Che wriCCen policies and

procedures eo be adopced by Che parcies pursuanc hereCo, each shall acc

in a reasonable, expedlclous and cimely manner.

Seccion 20. Leased Access

20.1 Subscriber Necwork SysCem

Pursuanc Co Seceion 113.1-26(B) of Che Enabling Ordinance, Grancee

shall, during ehe cerm of chis Agreemenc, provide ac lease Cwo (2)

leased access channels on iCs subscriber necwork syscem.

20.2 Addieional Leased Channels

Whenever all of Grancee's leased access channels are udlized

sixCy percene (60%) of che Cime becween 9 a.m. and 6 p.m. and/or eighey

percene (80%) of Che Cime becween 6 p.m. and 10 p.m. on weekdays for a

nine (9) consecudve week period, GranCee shall provide an addieional

leased access channel unless Che Commission decermines ChaC Co do so

would place an unreasonable economic burden on GranCee; provided,

however, ehae Graneee shall noc ae any Cime be required Co provide more

Chan five percenC (5%) of ehe useable channels on iCs subscriber necwork

syscem as leased access channels. GranCee may reduce by one che number

of addieional leased access channels provided pursuanc Co chis Seceion

39

2/4/85 REPORTS OF COIvCVqTTEES 13079

whenever all leased access channels minus one are noC udlized sixcy

percene (60%) of che cime becween 9 a.m. and 6 p.m. and/or eighey

percene (80%) of che Cime becween 6 p.m. and 10 p.m. on weekdays for a

nine (9) consecudve week period; provided, however, chac in no evenc

shall Che number of leased access channels provided by Grancee be less

Chan che number of channels provided pursuanc Co Seceion 20.1.

20.3 Rules

While recognizing Grancee's seatus as a cable system operator and

not a common carrier, the leased access rules adopted by Grantee

pursuant to Section 113.1-26(B)(3) of the Enabling Ordinance shall in no

way act to discourage use of Grantee's leased access channels or

interfere with or hinder competition.

Section 21. Municipal Utilization

21.1 Description

During the term of this Agreement, Grantee shall provide for

municipal utilization on its subscriber network system as set forth in

Section X of Grantee's proposal and Exhibit H attached hereto and made a

part hereof. The channels dedicated to the use and control of the City

and other local government agencies designated by the City as set forth

in Exhibit H attached hereto and made a part hereof shall be utilized

for non-commercial programming and purposes and wichouC any charges by

Che Cicy Co any subscriber. GranCee shall have no auChoricy or concrol

over any programming cablecase on such dedicaced channels. All

programming cablecase on such dedicaced channels shall noc be considered

originacion eableeasdng for purposes of Grancee's compliance wich

Seccion 76 Subpart G of the FCC rules and regulations unless otherwise

determined by the FCC with respect to Grantee. Grantee shall have no

40


responsibility under Section 113.1-26(0) of the Enabling Ordinance for

programming cablecast on any such dedicated channel. Furthermore,

nothing in this Section shall be construed to imply that Grantee is a

common carrier.


Upon demonstration by the City of full utilization of the channel

capacity dedicated to the City, Grantee shall exercise its best efforts

to provide additional channel capacity to the City on its cable

television system to meet the reasonable needs of the City unless to do

so would place an unreasonable economic burden on Grantee.

Section 22. Enhanced/Developmental Services

22.1 Description

Grantee shall provide Enhanced/Developmental Services as set forch

in Exhlbic I upon ics deCerminaCion chac such services are eechnlcally

and economically feasible.

22.2 Fees

Pursuant to Section 113.1-22(E) of Enabling Ordinance, Grantee

shall submit the fees to be charged for its Enhanced/Developmental

Services to the Commission not less than thirty (30) days prior to any

marketing of such services.

Section 23. Institutional Network Syscem

GranCee may operaCe and maincain a bi-direccional insCiCuCional

necwork syscem in accordance wich Seceion 8.2 hereof. Furchermore,

Graneee may acCivaCe any pare or all of iCs Insdeudonal necwork sysCem

upon ics decermlnadon ChaC such acclvacion is eechnlcally and

economically feasible.

41


Seccion 24. Employmenc Requiremenes

The following provisions are sec forCh pursuanc and in addleion co

Seccion 113.1-53 of Che Enabling Ordinance.

24.1 Affirmacive AcCion

Pursuanc eo Secclons 113.1-53(B) and (C) of che Enabling Ordinance.

Grancee, during Che Cerm of chis Agreemenc, shall exercise iCs bese

efforts Co maximize equal employmenc opportunities for minorities and'

women. The goal for Grantee's workforce with respect to minority

employment shall be parity with the population of minorities in relation

to the general population of the City. Grantee shall take affirmative

action to accomplish this goal ih each of the job categories set forth

in Exhibit K attached hereto and made a part hereof. The goals for

Grantee's workforce with respect to female employment shall be parity

with the respective percentage representations of females in the labor

force of the City in each of th3 job categories set forth in Exhibit K

attached hereto and made a part hereof. Grantee shall take affirmative

action to accomplish these goals in each of said job categories.

24.2 Equal Employment Opportunity/Affirmative Action Plan

Grantee shall develop an Equal Employment Opportunity/Affirmative

Action Plan in accordance with the requirements set forth in Exhibit K

attached hereto and made a part hereof. Such Plan shall be filed with

the Commission for approval within ninety (90) days after the effective

date of this Agreement. The Commission shall within forty-five (45)

days after receipt by it of such Plan approve such Plan or notify

Grantee in writing of the deficiencies in such plan. In no event shall

Grantee commence construction prior to such approval.

42


24.3 Pass-Through Requirements

In order to satisfy the employment requirements set forth herein

and in Section 113.1-53 of the Enabling Ordinance, Grantee shall ensure

that each contractor having a contract or contracts with Grantee and

each sub-contractor having a contract or contracts with Grantee's

contractors or Grantee's contractors' sub-contractors in excess of

$50,000 and at least fifteen (15) employees engaged in the construction,

installation, maintenance or operation of Grantee's cable television

system complies with Sections 24.1;, ,24.4, 24.5, 24.6, 24.7 and 24.8 of

this Agreement and Section 113.1-53,of the Enabling Ordinance.

Furthermore, Grantee shall ensure that each such contractor or

sub-contractor develops an Equal Employment Opportunity/Affirmative

Action Plan in accordance with the; requirements set forth in Exhibit K

attached hereto and made a part hereof. Each such Plan shall be made

available to the Commission upon request.

24.4 Local Residents

Grantee shall take affirmative action to ensure that at least 50%

of its employees engaged in the construction, installation, maintenance

or operation of its cable television system are actual residents of the

City.

24.5 Unions

Grantee shall notify each labor union or representative of workers

with which it has a collective bargaining agreement or other contract or . j •

understanding or with which it enters into discussions regarding a

collective bargaining agreement or other contract or understanding of

its responsibilities under this Section and Section 113.1-53 of the

Enabling Ordinance. Grantee shall^ to the extent possible through

43


negotiation or modification of such agreement, contract or

understanding, ensure that such agreement, contract or understanding

contains a provision consistent with this Section and Section 113.1-53

of the Enabling Ordinance so as not to Impede Grantee's ability to

satisfy the requirements set forth herein and therein.

24.6 Training

Pursuant to Secdon 113.1-53(8) of the Enabling Orainance, Grantee

shall provide training programs for qualified minorities and women as

set forth in Section XIV of its proposal. In addition. Grantee shall

establish such other training programs as necessary to satisfy the

employment requirements set forth herein.

24.7 Records

Commencing ninety (90) days after the effective date of this

Agreement and continuing for the term of this Agreement, Grantee shall

prepare and maintain the following records on forms supplied by the

Commission: job applicant flow logs, promotion, demotion, termination

and transfer logs, and training activity and/or apprenticeship program

participation summaries. Such records shall be available to the City

during Grantee's normal business hours and retained in Grantee's files

for not less than three (3) years,


Grantee, during the term of this Agreement, shall file with the

Commission the following reports on forms supplied by the Commission:

a) Commencing within one hundred twenty (120) days after

the effective date of this Agreement and continuing on a

quarterly basis until construction of Grantee's cable

television system has been completed and annually there-

44

13084 JOURNAL-.-CTTY COUNCIL-CfflCAGO 2/4/85

after for the term of this Agreement:

—statistical reports;

—progress evaluation reports.

— a report listing any EEO/AA complaints filed

against Grantee with an agency or court having

appropriate jurisdiction,

b) Commencing one (1) year after approval by the Commission

of Grantee's Equal Employment Opportunity/Affirmative

Action Plan and continuing on an annual basis for the term

of this Agreement:

— a report summarizing and updating Grantee's

Equal Employment Opportunity/Affirmative

Action Plan.

24.9 Compliance

In order to monitor Grantee's compliance with its Equal Employment

Opportunity/Affirmative Action Plan and the other requirements set forth

herein, the Commission, whenever necessary or appropriate, but no less

than annually, shall, commencing one (1) year after its approval of said

Plan, conduct a compliance review. Such review shall consist of a

comprehensive analysis and evaluation of the records maintained and the

reports required to be submitted to the Commission pursuant to Sections

24.7 and 24.8 hereof and any other data relevant thereto. Grantee shall

be deemed to be in compliance for purposes of Section 24 of this

Agreement and Sections 113.1-53(8) arid (C) of the Enabling Ordinance if

the Commission determines that Grantee has exercised its best efforts to

comply on an annual basis with its Equal Employment Opportunity/

45

2/4/85 REPORTS, OF COIVIMTTTEES 13085

Affirmative Action Plan and the requirements set forth in Sections 24.1,

24.3, 24.4 and 24.6 hereof.

Section 25. Contractors and Subcontractors

25.1 Local Businesses

Grantee shall utilize businesses located in the City in connection

with the const miction, installation, maintenance and operation of its

cable television system to the maximum extent feasible and with due

regard to price, quality and timing of delivery. In addition. Grantee

shall, to the maximum extent feasible and with due regard to price,

quality and timing of delivery of the purchase of comparable materials,

equipment or supplies of any nature, give preference for such items

which are assembled, manufactured or otherwise produced, in whole or in

part, within the City.

25.2 Minority Business Enterprises (MBEs)

Pursuant to Seccion 113.1-53(E) of Che Enabling Ordinance, Grancee

shall, during Che cerm of chis Agreemenc, exercise ics bese efforcs Co

ensure ChaC qualified minoricy-owned businesses locaced in and cereified

by ehe Cicy receive "a fair and subscancial share of Che economic

benefics" forehcoming from developmenc of Grancee's cable Celevision

syscem. For purposes of Chis Seccion, a "fair and subscancial share of

che economic benefics" shall mean Cweney-five percene (25%) of che Cocal

dollar value of concraccs awarded by Graneee, excluding concraccs where

pardcipadon of MBEs would noc be praceically possible such as facCory

direce purchases, purchases of sacellice-delivered services and

purchases of macerlals or equipmenc from a sole source of supply. Such

exclusions shall be deeailed wleh jusClficaeions Cherefor in Grancee's

46


minoricy business encerprise plan referred Co in Seccion 25.4 hereof and

shall be subjecc Co Commission approval.

25.3 Women's Business Encerprises (WBEs)

Grancee, during Che term of this Agreement, shall exercise its best

efforts to ensure that qualified women-owned businesses located in and

certified by the City are awarded five percent (5%) of che tocal dollar

value of concraccs awarded by Grancee, excluding concraccs where

parcicipaeion of WBEs would noc be praceically possible such as facCory

direce purchases, purchases of sacellice-delivered services and

purchases of macerlals or equipmenc from a sole source of supply. Such

exclusions shall be deeailed wiCh jusCificaeions cherefor in Grancee's

women's business encerprise plan referred Co in Seccion 25.4 hereof and

shall be subjecc Co Commission approval.

25.4 Business Encerprise Plans

Graneee shall develop separace minoricy and women's business

encerprise plans in accordance wich Che requiremenes sec forch in

ExhibiC L accached hereco and made a pare hereof. Such plans shall be

filed wich ehe Commission for approval wlchin ninecy (90) days afcer che

effeceive dace of chis Agreemenc. The Commission shall, wlchin

forCy-five (45) days of receipc by:iC of such plans, approve such plans

•I

or nocify Grancee in wrlclng of che deficiencies in any of said plans.

In no evenc shall GranCee commence•conseruccion prior co such approvals.

1 '

25.5 Reporclng Requiremenes

Grancee, during Che Cerm of Chis Agreemenc, shall file wich che

Commission che following reporcs on forms supplied by che Commission:

a) Commencing wlchin one hundred cwency (120) days

afcer che effeceive date of this Agreement and

47


continuing on a quarterly basis until construc

tion of Grantee's cable television system has

been completed and annually chereafcer for che

Cerm of Chis Agreemenc:

— a descripcive summary of Che cacegorles

and Cocal dollar value of concraccs awarded

by Grancee;

— a descripcive summary of Che cacegorles and

Coeal dollar value of concraccs awarded by

Grancee, excluding concraccs where parci

cipaeion of MBEs/WBEs would noc be praceically

possible in accordance wich Secclons 25.2 and

25.3 hereof and ExhibiC L accached hereco and

made a pare hereof;

— a descripcive summary of che Cocal dollar value

of all concraccs awarded Co MBEs and WBEs;

— a descripcive summary of Grancee's efforcs boch

Co locaCe and facilieace che participation of

qualified MBEs/WBEs in the construction, instal

lation, maintenance and operation of Grantee's

cable television system including a description

of the specific programs implemented by Grantee

to meet the goals set forth in Sections 25.2 and

25.3 hereof,

b) Commencing within one (1) year after approval by

the Commission of Grantee's MBE and WBE Plans

and continuing on an annual basis for the term of

48


this Agreement, separate reports summarizing and

updating both Grantee's MBE and WBE Plans.

25.6 Compliance

Iri order to monitor Grantee's compliance with its MBE and WBE Plans

and the other requirements set forth herein, the Commission, whenever

necessary or appropriate, but no less than annually shall, commencing

one (1) year after approval by the Commission of Grantee's MBE and WBE

Plans, conduct a compliance review. Such review shall consist of a

comprehensive analysis and evaluation of the reports required to be

submitted to the Commission pursuant to Section 25.5 hereof and any

other data relevant thereto. Grantee shall be deemed to be in

compliance for purposes of Section 25 of this Agreement and Section

113.1-53(E) of the Enabling Ordinance if the Commission determines Chac

GranCee has exercised iCs besC efforCs Co comply on an annual basis wich

ics MBE and WBE Plans and che requiremenes sec forch in Secclons 25.1,

25.2 and 25.3 hereof.

Seceion 26. Consumer Services

26.1 Consumer Services Plan

Pursuanc and in addleion Co Seceion 113.1-22(E) of che Enabling

Ordinance and Seceion XIV-(1-2) of iCs proposal, GranCee shall submic Co

che Commission a deeailed consumer services plan sixCy (60) days prior

Co commencemenc of service Co iCs flrsc subscriber. Such plan shall, ac

a minimum, demonscrace chaC Che facllieies, personnel, repair, complainc

and adjuscmene procedures, Celephone and oCher Informacion syscems of

Grancee are sufficient co ensure cimely, efficient and effective

services Co consumers. Such plan shall also be conslscenc wich che

highesc scandards of che cable celevision indusery and che

49


requiremenes sec forCh herein and in Secclons 113.1-27(8) and 113.1-29

of ehe Enabling Ordinance.

26.2 Business Offices and Personnel

Pursuanc and in addleion Co Secdon 113.1-27(8) of Che Enabling

Ordinance, Graneee shall eseablish and maincain offices and

provide personnel, Celephone service and ocher equipment, as needed, co

ensure timely, efficient and effective service co consumers. Such

personnel shall include one person deslgnaced by GranCee Co acC as a

liaison beCween Grancee and ehe City on consumer service issues. All

business offices of Grantee shall have a locally listed telephone number

and, at a minimum, be open for business during the hours set forth in

Section XIV-1 of Grantee's proposal. Furthermore, at various times

during the day. Grantee shall cablecast the address, telephone number

and office hours of its business offices on a local origination channel

received by all subscribers.

26.3 Subscriber Complaints

Pursuant and in addition to Section 113,1-29(8) of the Enabling

Ordinance, Grantee shall promptly respond to and resolve all subscriber

complaints; provided, however, that nothing herein shall require Grantee

to maintain or repair any equipment not provided by Grantee, maintain

records with respect thereto nor respond to or resolve subscriber

complaints relating thereto. Grantee shall maintain records of such

complaints setting forth the date and nature of the complaint and any

action taken in response thereto. Such records shall be available to

the City during normal business hours and retained in Grantee's files

for not less than three (3) years. A statistical summary of such

records shall be prepared by Grantee and submitted to the Commission

50

13090 JOURNAL^-CTTY COUNCIL-CfflCAGO 2/4/85

monthly commencing thirty (30) days after commencement of construction

and continuing until construction of Grantee's cable television system

is complete in accordance with Exhibit E-2 attached hereto and made a

part hereof. Thereafter, such records shall be submitted to the

Commission annually.

26.4 Major Outages

Grantee shall maintain records of all major outages. Such records

shall indicate the estimated number of subscribers affected, the date

and time of first notification of the outage, the date and time service

was restored, the cause of the outage and a description of the

corrective action taken. Such records shall be available to the City

during normal business hours and retained in Grantee's files for not

less than three (3) years. A statistical summary of such records shall

be prepared by Grantee and submitted to the Commission annually,

commencing twelve (12) months after service is provided to the first

subscriber.

26.5 Pre-Construction Information

Prior to commencement of construction of an area, Grantee shall

exercise its best efforts to inform the residents thereof of the nature

and timetable for such construction and shall provide them with the

procedures for filing complaints.


Ac che Cime GranCee solicics che resldencs of an area for

subscripeion of services, Graneee shall provide such resldencs a simple,

buc Chorough wriCCen explanaclon of all services offered, che price of

such services, che parencal lock-ouc device, inscallacion procedures and

51


privacy righcs of che subscriber as sec forch in Seccion 113.1-32 of che

Enabling Ordinance and Seccion 28 of chis Agreemenc.

26.7 Requescs for Inscallacion

Pursuanc and in addleion Co Secdon 113.1-31(0) of Che Enabling

Ordinance, Grancee shall fill all reasonable requescs for inscallacion

of ics services wlchin chircy (30) days afcer che daCe of such requesc.

A requesc shall be deemed reasonable if (1) ehe services requesced are

uniformally available on Grancee's cable celevision syscem; (11) che

services are requesced in a porcion of Franchise Area 1 where Grancee's

cable celevision syscem has been conscrucced and acclvaced; (iii)

Grancee in cooperacion wich approprlace agencies can accomplish a proper

physical exCension of ics cable celevision syscem Co a person's premises

wiehin chircy (30) days; and (iv) Graneee can obCain access co a

person's premises. If Grancee fails wlchin such chircy (30) day period

Co provide che service requesCed, GranCee, upon requesc of che person

requescing service, shall wiehin chircy (30) days chereafcer prompcly

refund any and all deposics or advance pa3nnencs made by such person. In

Che case of a non-sCandard inscallacion as provided for in Seccion 7.7

of chis Agreemenc, Grancee shall, if necessary, be afforded a reasonable

period of cime beyond such chirCy (30) day period Co fill a reasonable

requesc for such non-sCandard inscallacion. If Grancee fails wlchin

such chirCy (30) day period or such longer period, as che case may be,

Co provide che services requesced, GranCee, upon requesc of che person

requescing such services, shall wiehin Chircy (30) days Chereafcer

prompcly refund any and all deposics or advance paymencs made by such

person. GranCee shall maincain a record of all inscallacion requescs

showing when and whac accion was caken.

52

13092 JOURNAL-CTTY COUNCTL-CfflCAGO 2/4/85

26.8 Inscallacion Informacion

Pursuanc and in addleion Co Secdon 113.1-29(0) of che Enabling

Ordinance, Grancee, upon inscallacion of service, shall provide che

subscriber a simple, buC chorough wriCCen explanaclon of les service,

adjuscmene and complainc procedures and proper use of che convercer or

ocher cable-relaced equipmenc. Thereafcer, Grancee shall provide

subscribers wich such informacion upon requesc.

26.9 Translaced Information

The information and materials described in Sections 26.5, 26.6 and

26.8 hereof, shall also be available in Spanish.


In the event Grantee or its agent provides eo Grancee's subscribers

wriCCen program guides, such guides s l-l- Use, aC a minimum, all

non-musC carry channels carried on Grancee's cable celevision syscem and

shall, Co ehe excenc reasonable as decermlned by Grancee, Use all

programs carried on such channels.

26.11 Informacion Filed WiCh Commission

Pursuanc and in addleion Co SecCion 113.1-22(E) of Che Enabling

Ordinance, Graneee shall file Che informacion described chereln and che

informacion and macerlals sec foreh in Secclons 26.5, 26.6, 26.8 and

26.9 hereof wich ehe Commission aC lease fourceen (14) days prior Co any

dlscribucion of such informacion or macerlals excepc as provided in

Seceion 7 of chis Agreemenc.

26.12 Employee I d e n d f l e a d o n

Each employee of Grancee when encering privace propercy or working

on public ways shall be required co wear an employee idendfleadon card

issued by Graneee bearing a piccure of said employee.

53


26.13 NondiscriminaCion

GranCee shall noc discriminace againse any person in che

solleieaclon or provision of any service on che basis of age, sex, race,

color, creed, echnic origin, sexual oriencaCion, mariCal scacus or

handicap.

Seccion 27. Users

The provisions see foreh in Secclons 113.1-21(F) and 113.1-22(E) of

ehe Enabling Ordinance shall apply Co all users of Grancee's cable

celevision syscem.

Seceion 28. Privacy

28.1 Requiremenes

GranCee shall conscruce, inscall, maincain and operace ics cable

Celevision syscem so as Co proeecC che privacy righcs of each subscriber

and user in accordance wich Seceion 113.1-32 of che Enabling Ordinance,

che requiremenes seC forCh herein and oCher applicable federal, sCace

and local laws and regulaclons.

28.2 Monicoring, Colleccion, Use or Release

Pursuanc and in addleion Co Seccion 113.1-32(8), Graneee shall noc

monlcor, collece or use any informacion or signals eransmlcced over les

cable Celevision syscem excepc as provided chereln. Nor shall Grancee

release any individually idenclfiable informacion abouc any subscriber

or user Co Che Cicy or any oCher Chird parCy wichouc Che prior wriCCen

consenc of such subscriber or user. Any consenc of a subscriber or user

for che monicoring, collecCion, use or release of any informacion or

signals cransmicced over or obcalned by Grancee's cable celevision

syscem shall be explicic and in wrlclng and separace from any concracc

or agreemenc for services or use. Such consenc shall concain a

54


scacemene in bold prinC chaC sCaCes ChaC Che subscriber or user

knowingly auchorizes che monicoring, colleccion, use or release of such

informacion, Chac che consenc is revocable aC any Cime by che subscriber

or user wichouc penalcy and chac describes che exace nacure of ehe

monicoring, colleccion, use or release of such informacion. Such

consenc is revocable wiehouC penalcy ae any Cime by che subscriber or

user upon prior wriCCen noclce Co Graneee. In no evenc shall such

consenc be obcalned by Grancee from a subscriber or user as a condicion

of service or a condnuadon Chereof, excepC if such consenc is

necessary Co adequacely provide such service.

28.3 Privacy Informacion

Prior Co inscallacion of service, GranCee shall provide each

subscriber wich a simple, buC chorough wriCCen explanaclon of che nacure

of individually idenclfiable informacion capable of being cransferred,

moniCored or colleceed over Grancee's cable Celevision syscem for Che

services said subscriber is requescing and of all applicable privacy

requiremenes as sec forCh herein and in Seccion 113.1-32 of che Enabling

Ordinance; provided, however, Chac such informacion shall be filed wich

Che Commission noC less Chan fourCeen (14) days prior Co ics being

discribuced Co any subscriber.

28.4 Ownership of Daca

The ownership of any daca or signals originaced by a subscriber or

user and maincalned by GranCee or a Chird parcy which are incended for

che sole use of such subscriber or user shall remain solely in che

originacing subscriber or user, even chough such daCa or signals are

maincalned by Grancee or a chird parcy.

55

2/4/85 REPORTS,OF COMMTTTEES 13095

28.5 Court-Ordered Disclosure

Pursuant and in addition to Section 113.1-32(8)(4) of the Enabling

Ordinance, if a court of competent, jurisdiction authorizes or orders the

monitoring, collection, use or release of any individually identifiable

information about any subscriber or user. Grantee shall notify such

subscriber or user in a sufficienc amounC of Cime Co permlc che

subscriber or user to challenge the monitoring, collection, use or

release of such information except'where the court finds that

nondisclosure is mandated.

28.6 Destruction of Information

Any individually identifiable;information of a subscriber or user

collected by Grantee pursuant to Section 113.1-32 of the Enabling

Ordinance and the provisions contained herein shall be destroyed

immediately once the purpose for its: collection has been accomplished

unless the Enabling Ordinance, this Agreement or federal, state or local

laws require its retention.

28.7 Request for Information '

Pursuant and in addition to Section 113.1-32(0(5) of the Enabling

Ordinance, Grantee, within two (2) weeks of its receipt of a written

request from any subscriber or user, shall make available to such

subscriber or user the information collected or maintained by it with

respecc Co such subscriber or user. Furthermore, GranCee shall permlc

iCs subscribers or users Co correce any inaccuraCe informacion

colleceed abouC Chem. If such informacion is in machine-readable form,

GranCee shall CranslaCe such informacion and provide such subscriber or

user wich a copy of che eranslaCion.

56


Seccion 29. Enforcemenc

29.1 Sancclons

Pursuanc Co Secdons 113.1-57(A) and (8) of Che Enabling Ordinance,

Che Commission shall have che rlghc Co impose monecary penaldes, fines

and ocher monecary sancclons in accordance wich Seccion 29.6 of chis

Agreemenc in Che evenc Grancee violaCes ehe Enabling Ordinance, chis

Agreemenc or any rule or regulaclon lawfully adopced by Che Commission

pursuanc Co Seceion 113.1-46(A)(10) of Che Enabling Ordinance.

Furchermore. che Commission shall have che rlghc Co impose liquidaced

damages for chose violaCions see forCh in Seccion 29.5 of Chis

Agreemenc. Such righCs shall be in addleion eo any ocher righcs or

remedies the City or Commission has under the Enabling Ordinance, this

Agreement or other applicable laws.

29.2 Notice of Violation

If the Commission has reason to believe that Grantee is in

violation of the Enabling Ordinance, this Agreement or any rule or

•i

regulation lawfully adopted by the Commission pursuant to Section

113.1-46(A)(10) of the Enabling Ordinance, the Commission shall notify

Grantee in writing of the violatiori setting forth the nature of such

violation. Within thirty (30) days of its receipt of such notice.

Grantee either shall respond in writing to the Commission contesting the

Commission's notice of violation with supporting documentation that such

violation did not occur or was beyond Grantee's control and requesting

an opportunity to be heard or shall remedy the violation within such

thirty (30) day period; provided, however, that the Commission may

determine that the violation is of such a serious nature that a lesser

period for remedying the violation is warranted. If Grantee cannot

57


reasonably remedy the violation within the time period specified and so

informs the Commission, the Commission may extend the time permitted for

remedying the violation provided Grantee informs the Commission on a

regular basis of che steps being taken to remedy the violation.

29.3 Notice of Assessment

If within thirty (30) days of its receipt of notice of the

violation pursuant to Section 29.2 of this Agreement, Grantee fails to

submit a written response contesting the Commission's notice of

violation or if after requesting an opportunity to be heard Grantee

fails to prove in said hearing that such violation did not occur or was

beyond its control or if Grantee fails to remedy the violation within

the time period specified or any extensions thereto pursuant to Section

29.2 of this Agreement, the Commission, after considering all relevant

factors, may impose upon Grantee monetary penalties, fines, liquidated

damages or other monetary sanctions from the date of notice of violation

in accordance with Sections 29.5 or 29.6 of this Agreement and shall

provide Grantee with prior written notice of such assessment. Such

noclce of assessmenC shall sCaCe Che amounc Co be assessed and provide a

dace of ac lease flfeeen (15) days afcer receipc of such noCice upon

which paymenc for Che violacion is due.

29.4 Wichdrawal from LeCCer of Credlc

If Graneee fails Co pay Co ehe ClCy any monecary penaldes, fines,

liquidaced damages or oCher moneCary sancclons imposed upon Grancee by

Che Commission wiehin chree (3) days afcer che dace sec foreh in che

noCice of assessmenC pursuanc Co SecCion 29.3 of chis Agreemenc, Che

Commission, pursuanc Co SecCion 113.1-19(8) of ehe Enabling Ordinance,

may immedlacely requesc paymenC of che amounc chereof from che leCCer of

58


credlc. Upon such requesc for paymenc, Che Commission shall nocify

Grancee of Che amounc and dace of such paymenc.


Grantee agrees the following will result in damages to the City

that will be impracticable or difficult to ascertain and therefore,

agrees to pay to the Cicy che following amouncs which shall noc be

considered in ehe naCure of penaldes:

a) Macerial failure Co conscruce and acclvaee iCs cable Celevision

syscem in accordance wich che conseruccion clmecable and

conscrucclon schedule and map referred Co in Secclons 11.1 and

11.2 of chis Agreemenc unless such failure is caused by

circumscances beyond Grancee's concrol or by a change or

exCension in such clmecable, schedule or map approved by che

Commission, $750.00 a day for each day and pare chereof ChaC

such failure concinues;

b) Macerial failure Co comply wich che design. Cechnical,

malncenance, conscrucclon or operacional requiremenes sec forch

or referred eo in Secdons 8, 9, 10 and 12 of Chis Agreemenc.

$750.00 a day for each day or pare chereof ChaC such failure

concinues;

c) Macerial failure eo comply wleh che incerconnecclon

requiremenes see foreh or referred co in Seccion 15 of chis

Agreemenc. $750.00 per day for each day or pare Chereof ChaC

such failure concinues;

d) ExcepC as approved by Che Commission or Che Council, if

required, a macerial failure Co provide che services sec

forch or referred co in Seceion 7 of chis Agreemenc

59


in accordance wich che requiremenes see forch chereln,

$250.00 a day for each day or pare chereof ChaC such

failure concinues.

29.6 Monecary Penaldes, Fines and Ocher Monecary Sancclons

Pursuanc Co Section 113.1-57(A) and (8) of the Enabling Ordinance,

if Grantee fails Co comply wich any provision of che Enabling Ordinance

or chis Agreemenc, ehe Commission may assess and impose monecary

penaldes, fines and other monetary sanctions for such failure in an

amount not to exceed $750.00 per day per violation for each day or part

thereof that such failure continues. If Grantee fails to comply wich

any rule or regulaclon lawfully adopced by che Commission pursuanc Co

Seceion 113.1-46 (A)(10) of ehe Enabling Ordinance^ che Commission may

assess and impose fines for such failure in an amounc noC Co exceed

$50.00 per day per violacion for each day or pare chereof ChaC such

failure concinues. All such monecary penaldes, fines and ocher

monecary sancclons shall be decermlned by che Commission in accordance

wich ehe principles set forth below:

a) Such monetary penalties, fines and other monetary

sancclons shall exceed che financial benefics co

Grancee's delaying or failing Co comply wich che

applicable requiremenc;

b) Even where such benefics are noc easily discemable,

such monecary penaldes, fines and ocher monecary

sancclons shall be high enough Co have a significanc

decerrene effecc on Grancee;

c) Such monecary penaldes, fines and ocher monecary

sancclons shall be sufficienc Co procece che ClCy

60


and oCher affecced parcles againse loss of revenues

resulcing from Grancee's violaCions.

29.7 Acc or Omission Bevond Grancee's Concrol ! • ! I l l - I I • ! !

Grancee shall noc be subjecc Co Che imposiclon of monecary

penaldes, fines, liquidaced damages and other monetary sanctions

referred to herein for any act or omission if such act or omissicn was

beyond Grantee's control. An act or omission shall not be deemed to be

beyond Grantee's control if committed, omitted or caused by an affiliate

of Grantee involved in constructing, installing, maincaining or

operaclng Grancee's cable celevision sysCem wlchin che ClCy of Chicago.

The inabiliey of Grancee Co obcain financing for whacever reason nor che

misfeasance or malfeasance of ics officers, direcCors, employees or

agencs shall noC be deemed an acC or omission beyond Grancee's concrol.

29.8 Ocher Righcs of Cicy

The rlghc of Che Commission co Impose upon GranCee monecary

penaldes, fines, liquidaced damages and oCher monecary sancclons

pursuanc Co Secclons 29.5 and 29.6 hereof shall be in addleion Co any

ocher righcs or remedies che Commission or che Cicy has under che

Enabling Ordinance, chis Agreemenc or ocher applicable laws including

che rlghc of revocaclon pursuanc Co Secdons 113.1-11 and 113.1-12 of

che Enabling Ordinance.

29.9 No Waiver of Righcs

The decision by che Commission Co forego Che imposiclon upon

GranCee of monecary penaldes, fines, liquidaced damages or ocher

monecary sancclons in a parcicular inscance shall in no way acc Co waive

Che Commission's or Che City's rights under this Section for subsequenc

violaCions of Che Enabling Ordinance and/or Chis Agreemenc.

61

2/4/85 REPORTS OF COMMTTTEES. 13101

Seccion 30. Miscellaneous Provisions

30.1 Governing Law

This Agreemenc shall be conscrued pursuanc Co che laws of Che Scace

of Illinois.

30.2 Descripcive Headings

SecCion headings are descripcive and used merely for che purpose of

organizacion and where inconsiscene wleh che cexe are eo be disregarded.

30.3 Employees and Agencs

Graneee shall be solely and compleCely responsible for Che acCions

of ics employees and agencs in che course of cheir employmenc.

30.4 Righcs Reserved Co Cicy

Grancee hereby acknowledges che righcs reserved Co Che ClCy in

Seceion 113.1-52 of che Enabling Ordinance.

30.5 Compliance wich Echics Ordinance

Grancee pledges chac iC has made no promise or inducemenc, oral or

wrlccen, Co any ClCy employee, CiCy represencacive or CiCy advisor as

defined in SecCion 113.2-2 of ehe Echics Ordinance regarding che receipc

or award of Che franchise granced hereunder.

30.6 No Inducemenc

Grancee acknowledges chac iC has noc been induced Co accepC chis

franchise by any promise, verbal or wrlccen, made by or on behalf of che

CiCy or by any Chird person regarding any Cerm or condicion sec forch in

che Enabling Ordinance or Chis Agreemenc.

30.7 No FCC Waivers Wichouc Noclce Co Cicy

Grancee shall noC apply for any waivers, exceptions or declaratory

rulings from the FCC or any other federal or state regulatory agency

without prior written notice Co che CiCy.

62


30.8 No Excuse from Compliance

Grancee shall noc be excused from compliance wich any of che Cerms

or condlcions of che Echics Ordinance, che Enabling Ordinance or chis

Agreemenc by failure of Che Cicy upon one or more occasions Co insisC

upon such compliance by Grantee or to seek compliance by Grantee with

any term or condition of che Echics Ordinance, che Enabling Ordinance or

Chis Agreemenc.

30.9 Commission Accion

In any acdon by Che Commission mandaced or permiCCed under Che

Enabling Ordinance and/or Chis Agreemenc, Che Commission shall ace in a

reasonable, expedlclous and Cimely, manner. Furchermore, in any inscance

where Commission approval or consent is required under Che Enabling

Ordinance and/or chis Agreemenc, Che Commission shall noc unreasonably

wichhold ies approval or consenc. I

30.10 Modificacions

In che evenc of unforeseen circumscances beyond Grancee's concrol

ChaC occur in conneccion wich Che conscrucclon. inscallacion,

maintenance or operation of its cable television system. Grantee shall

have the right to peciclon che Cicy for modificacions of che Cerms or

condlcions of ehe Enabling Ordinarice and/or chis Agreemenc where

modificacions soughe by Che Grancee are shown eo be necessary Co ensure

che economic vlabilicy of iCs cable Celevision syscem. Graneee shall

file said peCiCion wiCh che Commission documencing the unforeseen

circumstances and their effect on;the economic viability of its system

and the extent to which such modificacions Co che Enabling Ordinance

and/or chis Agreemenc are necessary Co ensure che economic vlabilicy of

said syscem. The Commission shair review such pecicion in an

63


expedlclous and Cimely manner and shall submic ics recommendacion Co che

Council. The Council shall review and acc upon Che Commission's

recommendacion in an expedlclous and cimely manner and shall noc

unreasonably wichhold approval of such modificacions where ehere is a

clear showing chac such modificacions are necessary Co ensure che

economic vlabilicy of said system. The Council in approving such

modifications may adopt and impose reasonable terms and conditions-on

such modifications and may provide for future review of such

modifications as may be appropriate.

30.11 Force Majeur

Grantee shall not be deemed in violation of this Agreement and/or

the Enabling Ordinance for the delay in performance or failure to

perform in whole or part its obligations under the Enabling Ordinance

and/or chis Agreemenc due eo serike, war or ace of war (whecher an

aceual declaracion is made or noc), insurreccion, rioc, acc of public

enemy, accidenc, fire, flood or ocher acc of God or by ocher evencs co

ehe excenc chac such evencs are caused by circumscances beyond Grancee's

concrol pursuanc Co Section 113.1-11(E) of the Enabling Ordinance and

Section 29.7 of this Agreement and any such delay or failure Cb perform

shall noc be deemed Co be a violacion of ehe Enabling Ordinance and/or

chis Agreemenc. In ehe evenc ChaC che delay in performance or failure

Co perform affeces only pare of Grancee's capacicy Co perform ics

obligacions under ehe Enabling Ordinance and/or Chis Agreemenc, Grancee

shall perform such obligacions Co che exeenc ie is able co do so in as

expedlclous a manner as possible. Grancee shall prompcly nocify che

Commission in wrlclng of an evenc covered by chis Seceion and che daCe,

naCure and cause chereof. Furchermore, Grancee, in such noelce, shall

64


indicace che ancicipaced excenc of such delay and che obligacions under

Che Enabling Ordinance and/or chis Agreemenc Co be affecced chereby.

30.12 SeverabiliCy

If any provision of ehls Agreemenc or any porcion of any provision

hereof is deemed invalid under any applicable ordinance or rule of law,

such provision shall be, co che excene invalid, deemed omicced and all

remaining provisions shall remain in full force and effecc. I

IN WITNESS WHEREOF. Che parCies have caused chis Agreemenc Co be

executed by their respective, duly auchorized agencs or officers, as of

che day and year sec forth below.

City of Chicago

Date Harold Washington, Mayor

Grancee

Approved as co form and legalicy

Corporacion Counsel

65


Exhlbic A

FORM OF ACCEPTANCE

In accepclng che franchise for Franchise Area 1. pursuanc Co

Secclons 113.1-47 (A).(B),(C), 113.1-50(A) and 113.1-55(A) of che

Enabling Ordinance, Grancee hereby:

a) agrees Co accepc che validicy of che cerms and

condlcions of che Chicago Cable Communicacions

Ordinance, Chapeer 113.1 of che Municipal Code

and che Agreemenc in cheir encirecy relying upon

ics own invescigaclon and underscandirig of che

power and auchorlcy of che Cicy Co granc said

franchise and furcher agrees that it shall not,

at any time, proceed against the City in any claim or

proceeding challenging any term or provision of the

Chicago Cable Communicacions Ordinance or

Agreemenc as unreasonable, arbicrary or void,

or allege chac che Cicy did noc have che

auchorlcy co impose such cerm or condicion;

b) expressly acknowledges chac ic has noc been

induced Co accepC che Agreemenc by any promise,

verbal or wrlccen, on behalf of che CiCy or by

any chird person regarding any cerm or con

dicion of che Chicago Cable Communicacions

Ordinance or che Agreemenc noC expressed chereln;

c) furcher acknowledges chac iC has carefully read

Che cerms and condlcions of che Chicago Cable


Communicacions Ordinance and che Agreemenc and accepcs

wichouc reservacion che obligacions imposed by che cerms

and condlcions Chereln; and

d) pledges ChaC no promise or inducemenc, oral or

wrlccen, has been made Co any Cicy employee or

official regarding receipc of ics franchise.

The undersigned hereby cercifies:

ThaC he/she has been duly auchorized pursuanc Co (e.g.

Grancee's arcicles of incorporaclon. by-laws, or accion of iCs Board of

Dlreccors) Co make chis accepcance of che franchise for Franchise

Area 1.

Name of GranCee •

Signacure of Affiane

Name of Affiane

Official Tide

Dace

Sworn Co and subscribed before me

Chis day of 1985.

Nocary

Dace Commission Expires


Exhlbic B

DESCRIPTION OF FRANCHISE AREA 1

Beginning ac che incersecclon of Lake Michigan and che Norch CiCy

Limics; chence wese and souCh along che Cicy Limics Co che Incersecclon

of Kedzie Ave. and Devon Ave. (CiCy Limics); chence wese on Devon Ave.

(Cicy Limics) Co ehe Norch Shore Channel; chence souch on che Norch

Shore Channel Co Bryn Mawr Ave.; chence ease on Bryn Mawr Ave. Co

Weseem Ave.; chence norch on Wescem Ave. Co Pecerson Ave.; chence ease

on Pecerson Ave. co Ravenswood Ave.; chence souCh on Ravenswood Ave. co

Wellingcon Ave.; chence wese on Wellingcon Ave. Co che C. & N.W. RY.;

chence souch on che C.& N.W. Ry. co Diversey Ave.; chence wese on

Diversey Ave. Co Che Norch Branch of che Chicago River; chence souch on

che Norch Branch of che Chicago Riyer and che SouCh Branch of che

Chicago River co 18ch S c ; chence ease on 18ch Sc. Co Clark S c ; chence

souch on Clark Sc co Cermak Rd.; chence ease on Cermak Rd. co Federal

S c ; chence souCh on Federal Sc and Federal S c excended across che

Adlai E. Scevenson Expressway and concinuing souch on Federal S c Co

26ch S c ; chence wese on 26ch Sc Co che C.R.I. & P. R.R.; chence souch

on che C.R.I. & P. R.R. co 35ch Sc; chence ease on 35ch Sc. Co Federal

S c ; chence souch on Federal Sc Co Pershing Rd.; chence wese on

Pershing Rd. Co che C.R.I. & P. R.R.; chence souch on che C.R.I. & P.

R.R. Co 51sc S c ; chence ease on 51sC Sc Co CoCCage Grove Ave.; chence

norch on CoCCage Grove Ave. Co 43rd Sc ; chence ease on.43rd Sc and

43rd Sc as excended Co Lake Michigan; chence norch along Lake Michigan

Co Che place of beginning.

(Conclnued on nexc page)


DESCRIPTION OF PRIMARY SERVICE AREA OF FRANCHISE AREA 1

Beginning ac che incersecclon of Lake Michigan and che Norch Clcy

Limics; chence wese and souch along Che Cicy limics Co che incersecclon

of Kedzie Ave. and Devon Ave. (ClCy limics); chence wese on Devon Ave.

(Cicy limics) co che Norch Shore Channel; chence souch on che Norch

Shore Channel Co Bryn Mawr Ave.; chence ease on Bryn Mawr Ave. Co

Wescem Ave.; chence norch on Wescem Ave, co Pecerson Ave.; chence ease

on Pecerson Ave. Co Ravenswood Ave.; Chence souch on Ravenswood Ave. Co

Wellingcon Ave.; chence wese on Wellingcon Ave. Co che C. & N.W. RY.;

chence souCh on.che C. & N.W. RY. co Diversey Ave.; Chence wesC on

Dlversy Ave. co Che Norch Branch of che Chicago River; chence souch on

che Norch Branch of che Chicago River Co Division S c ; chence ease on

Division S c and Division Sc excended co Lake Michigan; chence norch

along Lake Michigan Co Che place of beginning. The Primary Service Area

concinues aC che incersecclon of Lake Michigan and 31se Sc as excended

Co Lake Michigan; chence wesC on 31sc Sc as excended Co Lake Michigan

and 31st St. to the C.R.I. & P. R.R.; thence south on the C.R.I. & P.

R.R. to 35th St.; thence east on 35th St. to Federal St.; thence south

on Federal St. to Pershing Rd.; thence west on Pershing Rd. co che

C.R.I. & P. R.R.; chence souCh on Che C.R.I. & P. R.R. Co 51sc S c ;

chence ease on 51sc Sc Co Cotcage Grove Ave.; chence norch on CoCCage

Grove Ave. Co 43rd S c ; chence ease on 43rd SC and 43rd Sc as excended

Co Lake Michigan; chence norch along Lake Michigan Co che incersecclon

of Lake Michigan and 3Isc Sc as excended co Lake Michigan. The Primary

Service Area also includes all housing unics owned or operaced by che

Chicago Housing Auchorlcy wiehin Franchise Area 1 as described in chis

ExhibiC

2/4/85 REPORTS,OF COMIVHTTEES 13109

Exhibit C

SUBSCRIBER SERVICES

In addition to other services Grancee may offer. Grantee shall

provide on its lowest-priced tier of service and to all subscribers:

two (2) local government access channels; all channels dedicated to

the CAC; all television broadcast signals required to be carried by

FCC regulations; two (2) leased access channels; and three (3) local

origination channels, not more than two (2) of which may be

alphanumeric.

Grantee shall, in addition, offer the following broad categories

of programming services which are available and meet the needs of the

subscribers: children's programming, family programming, cultural

programming, educational programming, consumer programming, ethnic

programming, entertainment programming; music programming, sports

programming, news and public affairs programming, business programming,

religious programming and special interest programming.


Exhibit C

SUBSCRIBER SERVICES

In addition to other services Grantee may offer. Grantee shall

provide on its lowest-priced tier of service and to all subscribers:

two (2) local government access channels; all channels dedicated to the

CAC; all television broadcast signals required to be carried by FCC

regulations; two (2) leased access channels; and three (3) local

origination channels, not more than two (2) of which may be

alphanumeric.

Graneee shall, in addleion. offer Che following broad cacegorles of

programming services which are available and meeC Che needs of Che

subscribers: children's programming, family programming, culcural

programming, educacional programming, consumer programming, echnic

programming, encerCainmenC programming, music programming, spores

programming, news and public affairs programming, business programming,

religious programming and special incerese programming.

2/4/85 REPORTS, OF COMMTTTEES 13111

Exhlbic 0

USER DISCOUNTS

Upon acclvacion of an insdeudonal network system, a discount for

government and not-for-profit institutions shall be established subject

to applicable regulatory approvals.


Exhibit E-l

CONSTRUCTION SCHEDULE FORMS

I. Construction Schedule - Quarterly

II, Construction Schedule - Major Installations

III. Construction by Year - Subscriber N'etwork System

IV. Construction by Year - Institutional Network System

V. Monthly Construction Summary Report


Grantee: Communications and Cable of Chicago. Inc.

Franchise Area: 1

I. Construction Schedule - Quarterly

Quarter commencing . to _^ , 198_

A. Subscriber Network System:

1. Utility Quarter Sections to be constructed:

2. Utility Quarter Sections to be activated:

B. Institutional Network System:

1. Utility Quarter Sections to be constructed:

2, Utility Quarter Sections to be activated:

Summary

Approximate Aerial Miles to be Constructed

Approximate Underground Miles to be Constructed

Approximate Total Miles to be Conscrucced

Approxlmace ToCal Miles Co be Acclvaced

Approxlmace Occupied Dwelling UnlCs Passed

Percencage (%) of Franchise Area 1 ODUs Passed


Grancee: Communicacions and Cable of Chicago, Inc. Franchise Area: 1

II. Conscrucclon Schedule - Major InsCallaCions

LOCATION (address)

a. Headend

b. Hubs

SCHEDULED DATE FOR COMPLETION OF CONSTRUCTION

c. TVROs

d. Sacellice Uplink

e. Microwave RecepCion

Facilities (if applicable)

f. Off-air RecepCion

AnCennae

g. Local Originacion

Scudios

h. Ocher Facllieies

(specify primary funcclon)

funcclon

funcclon

funcclon

funcdon


Graneee: Communicacions and Cable of Chicago, Inc. Franchise Area: 1

III. Conseruccion by Year - Subscriber Necwork SysCem

Monchly Race of Conscrucclon in Miles Per Monch (from Proposal Seccion VII-B.3.): Aerial Underground Tocal

Year 1 Year 2 Year 3 Year 4 Year 5 CATEGORY Conscrucclon Conscrucclon Conseruccion Conscrucclon Conseruccion

a. Aerial Plane Miles

b. Underground Plane Miles (Conduic)

c. Underground Plane Miles (Buried)

d. Tocal Plane Miles (for year specified)

e. Cumulacive Plane Miles (commencemenc of conseruccion Co daCe)

f. Cumulacive Percencage Compleced (commencemenc of conscrucclon eo daCe)

g. ODUs passed (for year specified)

h. Percencage of ODUs Passed (for year specified)

1. Cumulacive Percencage of ODUs Passed (commencemenc of construction to daCe)


Grancee: Communicacions and Cable of Chicago, Inc. Franchise Area: 1

IV. Conscrucclon by Year - Inscicucional Necwork Syscem

Monchly race of Conscrucclon in Miles per Monch (from Proposal Seccion VII-B.3.); Aerial ^Underground ~Tocal

Year 1 Year 2 Year 3 Year 4 Year 5 CATEGORY Construction Construction Construction Construction Construction

Aerial Plant Miles

b. Underground Plant Miles (Conduit)

c. Underground Plant Miles (Buried)

d. Total Plant Miles (for year specified)

e. Cumulative Plant Miles (commencement of construction to date)

f. Cumulative Percentage Completed (commencement of construction to date)


Grancee: Communicacions and Cable of Chicago. Inc. Franchise Area: 1

V. Monchly Conscrucclon Summary Reporc

For monch ending monch/dace

, 198

A. Subsciriber Necwork Syscem

1. Ucllicy Quarcer Secdons Conscrucced:

2. Ucllicy Quarcer Secclons Acclvaced:

B. Inscicucional Necwork Syscem

1. Ucllicy Quarcer Secclons Conscrucced:

2. Ucllicy Quarcer Secdons AcdvaCed:

Monch

Aerial Miles Conscrucced

Underground Miles Conscrucced

ToCal Miles Conscrucced

Tocal Miles Acclvaced

ODUs Passed

Percentage of ODUs Passed

Summary Cumulative

Miles Constructed

Miles Activated

ODUs Passed

_(number)

_(% of total)

(number)

_(% of total)

(number)

(% of total)


Exhibit E-2

CONSTRUCTION SCHEDULE AND MAP

TO BE INSERTED


Exhibit : E-3

CONSTRUCTION TIMETABLE

AREA 1

Tffi&R 1 K m YEAR 2

YEAR 3

YEAR 4

YEAR S


Exhibit F Standard Channel

Cable-Channel

2 3 4 5 6 7 8 9 10 11 12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

29 30 31 32

Allocadon

Service

WBBM L.O, - 1 CAC - 1 WMAQ GOV'T ACC. - 1 WLS CAC - 2 WGN LEASED ACC. - 1 WITW WCAE - (GranCee may

use uncil such Cime as WCAE is on-air)

CAC - 3 FAA FAA FAA GAG - 4 L.O. - 2/WSNS CAC - 5 WYCC CAC - 6 WCFC GOV'T ACC. - 2 LEASED ACC. - 2 WFBN WCIU ' WDAI - (GranCee may use

uncil such Cime as WDAI is on-air)

L.O. - 3 WPWR/WBBS (ch. 60 shrd.)

WFLD


Exhlbic G

LOCAL ORIGINATION

The following local orlginadon plan is a joine efforC of all Grancees

operating within the City which commits a total of $6,000,000.00 to develop

local origination programming. Exhibit G and its Attachment Gl is not only

applicable to Area 1, but upon the acceptance of the Franchise Agreement for

Area 1, shall replace the Exhibit Gs for the Franchise Agreements for Areas

2,3,4, and 5. Unless otherwise specifically stated herein, the Grantees for

Areas 1,2,3,4, and 5 (the "grantees") shall be jointly and severably liable

for the obligations stated herein. ;

1) Number of Channels - During the term of the Agreement, the grantees

jointly shall provide and program one (1) full-time

non-alphanumeric local origination channel. In addition, the

Grantee shall provide and program two (2) alphanumeric local

origination channels. The Grantee may provide additional local

origination channels on its cable television system; provided,

however, that in no event shall the minimum weekly hours of

non-alphanumeric programming as set forth in Attachment Gl be

shifted from the non-alphanumeric local origination channel

to.any additional local origination channel.

2) Staff - The grantees shall provide the level and quality of

staffing necessary to develop and produce programming to

fulfill their local origination requirements.

3) Studios and Equipment - The grantees shall provide in the year

so designated and throughout the term of the Agreement the

studio, facilities and equipment set forth in attachment Gl

13122, JOURNAL.-CTTY COUNCIL-CfflCAGO 2/4/85

or a studio, facilities and equipment of equal or greater

performance or capabilities.

4) Production - During Years 1 through 5, the grantees shall, at a

minimum, for the number of hours per week set forth in Attachment Gl,

locally produce and cablecast its local origination programming

(excluding access, alphanumeric or satellite delivered services) on

its non-alphanumeric local origination channel. Thereafter, for the

term of the Agreement, the grantees shall, at a minimum, produce and

cablecast such local programming for the number of hours set forth in

Attachment Gl for Year 5.


ATTACHMENT Gl

JOINT LOCAL ORIGINATION PROPOSAL OF CHICAGO CABLE OPERATORS

The cable operators operating in the City of Chicago are committed to

producing quality local origination programming. It is the strong belief of

these cable operators that a centralized approach to the production of local

origination programming is in the best interests of che CiCy, Che cable

companies and cable subscribers. IC is also Che belief of chese operacors

chac local orlginadon programming should supplemenc, buC noc duplicace, ehe

oCher locally produced programming Chac is available on Che operacors' cable

syscems. Besides local originacion programming, Che ocher requiremenes

imposed upon che operacors for locally produced programming are in che areas

of public, govemmenc and commercial or leased access. While public access

is under Che concrol of che Chicago Access Corporacion (CAC), govemmenc

access under Che concrol of che ClCy, and commercial or leased access under

che concrol of chird parcles, local orlglnaclon falls solely under che

concrol of ehe cable operaCor and/or ics concraccors.

It is not the intent of the cable operators to compete with or

duplicate programming produced by the CAC, the City or commercial access

users. Instead the operators want to compliment these other forms of local

programming with programs that are non-dupllcatlve, able to fill the void

not filled by other local programs and able to attract and retain cable

subscribers. The cable operators are jointly committing $6,000,000.00 to

underwrite their local origination efforts in Chicago.


With these objectives in mind, the Chicago cable operators propose the

following joint local origination proposal:

1. LOCAL ORIGINATION CHANNELS

During the term of the Agreement, the cable operators will jointly

provide one full-time non-alphanumeric local origination channel.

In addition, the individual operators in Areas 1,2,3,4, and

5 will be responsible for programming two alphanumeric local

origination channels for each franchise area.

2. STAFF

During the term of the Agreement, the cable operators will provide

the level and quality of technical, engineering, programming

and administrative staff necessary to develop and produce

programming to fulfill their local origination requirements.

3. LOCAL TALENT

The combined local origination effort for Areas 1,2,3,4 and 5

will include substantial efforts by the cable operators

to utilize and develop local talent for local origination pur

poses. In addition, the use of full-time and part-time internship

o

programs for local residents should Increase the local residents

potential for employment as demand requires. Through their

combined local origination efforts, the cable operators will seek

to establish ongoing relationships with local high schools,

colleges, and other educational Institutions for an accessible pool

of individuals with an interest in local origination.


4. PRODUCTION

During Years 1 through 5, the cable operators will jointly provide,

at a minimum, the number of hours per week set forch below co

locally produce and cablecase^Cheir local origination programming

(excluding access, alphanumeric, or satellite delivered services)

on che non-alphanumeric local orlginadon channel.

Hours of Production

*Yr. 1 9

Yr. 2 12

Yr. 3 15

Yr. 4 20

Yr. 5 20

Thereafter, the cable operators will at a minimum, produce and

cablecast 20 hours per week of local programming. The cable

operators will expend the necessary amount of funds within their

$6,000,000.00 overall local origination commitment to produce

the above stated hours per week of quality local origination.

5. LOCAL ORIGINATION FACILITIES AND EQUIPMENT

Under this joint local origination plan, the cable operators

will jointly provide a centralized local origination studio

facility and mobile equipment. This central facilicy and

accompanying equipmenc will be in place prior Co Che Year 1

* For purposes of Chis local originacion proposal. Year 1 will commence on Che flrsc anniversary of che delivery of service Co all Che franchise areas or upon che second anniversary of ehe delivery of service Co any one franchise area, whichever occurs flrsc


erlggerlng daCe so ehae che operacors can meec cheir local

orlglnaelon commicmencs on schedule. The cencral facilicy will

be of sufficienc square fooCage Co house all necessary

direccly-relaced facllieies such as: ediclng, preparadon,

scorage, and concrol room areas as well as relaced office areas

required for local orlginadon programming produccion purposes.

The following pages deCail che Cypes of faeilicies and equipmenc

proposed for a cencral local originacion seudlo, mobile

equipmenc, pose-produccion facilicy, screening facilicy, mascer

concrol and cencral malncenance facllieies. The escimaCed cose

of ehe facllieies and equipmenc is $1,200,000.00 and che

ancicipaced coses of leasehold improvemencs is $300,000.00.

2/4/85 REPORTS OF COMlVtrTTEES 13127

MAIN STUDIO

Feacuring qualicy cameras from Hieachi, Sony 1" and 3/4" video Cape machines, discrece produccion/pose-produccion areas, versacile eleccronlc graphics, professiorial qualicy audio, video and lighclng supporc and a film chain for high qualley Cransfer Co vldeocape of slides, super 8mm and 16mm film.


PRODUCTION EQUIPMENT FOR LOCAL ORIGINATION STUDIO

FP 60's

3

3

3

3

3

3

1

2

3

3

1

1

1

3

4

1

1

3

KlOX 15RW-1

C1205

BVH 2000/02

BVT 2000

BKH 2100

BK 800

BVE 800

BK 8072

BKH 2015

BK 2014

1470

Series 21

1600 IL

P4/H2/RH

528

1420

465 DM44

5722R513

Hieachi 3 Tube Seudlo Cameras wich 1 inch Saclcon Tubes (each including) a. HP-60 Camera head b. VM-702 7" viewfinder c. C-1205 50' camera cable d. A404 1 H verelcal enhancer e. CCU-60 Camera concrol unic f. ROP-60 Remoce panel g. C-1103 30' ROP cable

Fujlnon 10:1 15-150mm F1.8 Lenses

50' camera cables

Sony Cype "C" Helical vldeocape recorder/edicors

Sony Time Base Correccors

NTSC' plug-in boards

8 line memory boards

Sony video Cape edicor concroller

Sony ineerfaces

Plug-in reader/generaeors

Cabinecs

Tekcronlx sync generacor

Dynair audio follow video swlccher 20x20

Grass Valley special effecCs generacor/ produccion swlccher

ITE pedesCal/head and second handles

Tekcronlx Waveform monicors

Tekcronlx veccorscope

Tekcronlx Oscilloscope

Conrac high resolucion color 52540 monicors

2/4/85 REPORTS OFr COMMTTTEES 13129

Produccion Equipmenc for Local Originacion SCudio (conclnued)

5 TCI209/04 RCA dual 9" black & whice monicors

Q7 Quanea Characcer Generacor

12B Quancum audio board

Lot Dynair video and audio DAS

4305 Zelmark film cabin (wich accessories)

075 Crown audio amplifier

Loc RTS incercom

1 Loe Miscellaneous audio a. microphone b. care machine c. casseece machine d. open reel Cape deck e'. Curncable

1 Loe Berkey Colorcran lighcs (50 by 60)

1 Loe Inscallacion Pares and labor co include: a. Projeec engineering b. Technical Services c. Orafcing


MULTI-CAMERA VAN

Feacuring versacile poreable cameras wleh scudio vlewfinders, 3/4" video Cape machines, and a microprocessor concrolled produccion swiechlng sysCem.


CHICAGO MULTI-CAMERA VAN

QUANTITY DESCRIPTION MANUFACTURER MODEL

Poreable color cameras w/14:l zoom lenses 300' camera cable, remoCe operations panels and scudio vlewfinders

Hlcachl SK-81

Camera Cripods, dollies( heads

Qulcksec 2000, Hercules

1

2

5

Microprocessor concrolled produccion swlccher

17" color monieors

Engineering MoniCor

Waveform monlcor

Veccorscope

Broadcasc 3/4" Recorder

Time base correecor

Complimenc of time code equipment

Synchronizing generator

Graphic generacing sysCem

Audio console

Video discribucion

Echo-Lab

Vldeoeek

Tekcronlx

Tekcronlx

Tekcronlx

Sony

Diglcal Video

Sony

Tekcronlx

Quanea

ISI

Shlneron

Seg-3

VM17R

650HR

528

1420

BVU-800

Phaser

1470

Q-7A

1002

amplifiers

Audio diseribucion amplifiers

Sigma AD 105

Audio carcrldge machine Broadcasc Eleccronics


Chicago Mulci-Camera Van (conclnued)

1 Incercom SysCem RTS

1 HMI poreable lighclng HMI syscem

1 Audio Speaker

6 9" black and whiCe Panasonic WV5352 monicors

2 12 X 1 roudng swlcchers Lenco

1 Syscem of assorced ElecCro-Voice microphones

Vehicle includes:

Cueaway van chassis All heavy duCy opcions Air condicioning Custom-built consoles 6.5 KW Generator : Roof top camera platform

Including all eables, conneccors and assorced ICems.


3 ELECTRONIC FIELD PRODUCTION SYSTEMS

Capable of providing broadcasc qualicy field produccion, each syscem feacures ehe Broadcasc Saclcon Hieachi FP-40, and O'Connor Cripod and head, and a full complimenc of field produccion audio/video equipmenc Each EFP syscem will provide produccion capabllicy Co maCch any local celevision scaClon,


ELECTRONIC FIELD PRODUCTION SYSTEMS Each of Che 3 Eleccronlc Field Produccion Syscems conCains che following equipmenc.

QUANTITY DESCRIPTION

2

2

2

1

1

1

Poreable color camera wleh broadcasc saclcon Cubes and complece supporc accessories

Cannon 13:1 zoom lens wich 2X excender

MANUFACTURER

Hieachi

Cannon

MODEL

FP40SS

J13X981E

QC40

DH40

SCK-13

SGK9127FC

TC-94

Regular

50-0, QRP

4800

BP60

EV-635A

ECMSOPS

MX650

Pro 4AA

TM41AV, AAP-41AV

Assorced cables, conneccors and eases Co configure syscem for poreable indoor/oucdoor use.

Quick charger

Belc holder for CP-40 baccery

Rear lens conversion kic

Baccery powered sun gun

Lighclng kic

Claw ball cripod

Time code generacor

Fluid head, with quick release

Portable 3/4" VTR

Batteries for VTR

Omnidirectional microphones

Lavaller microphones

Portable audio mixer

Headset

Portable monitor with charger

Hitachi

Hitachi

Cannon

Cine 60

Lowell

O'Connor

Sony

O'Connor

Sony

Sony

Eleccro-Volce

Sony

Sony

Koss

JVC

2/4/85 REPORTS OF COlVEVnTTEES 13135

3/4 INCH A/B ROLL POST-PRODUCTION FACILITY

A 3/4" ediclng syscem, capable of dissolving one caped source inco anoeher and recording on yeC a chird machine, is che main componene of Che A/8 Roll Post-Production Facility,

This highly sophisticated post-production faeillty features the Convergence editing system for complece keyboard concrolled ediclng and special effeces, IC also Includes facllieies for eleccronlc graphics, and audio inpucs from a CurnCable or audio casseCCe. This facilicy is fully capable of providing seace-of-che-arc 3/4" posc-produccion of field and/or scudio foocage.


3/4 INCH A/8 ROLL POST-PRODUCTION FACILITY

QUANTITY

1

2

1

1

1

1

1

1

1

1

1

1

2

1

1

1

DESCRIPTION

3/4" Playbaek

3/4" Record/Edle VTRs

Dual Time Base Correceor

Compucerlzed Ediclng Concroller wich Three Ineerfaces, and Time Code Readers and Generacors

Audio Casseece Machine

Audio Console

Audio Equalizer

Tumcable

Waveform MoniCor

Veccorscope

10 X 1 Swlccher

Microphone for Voice Over

Dual 9" Monieors

15" Color MoniCor wich A-8 Pulse Cross

Graphics Generacor

Synchronizing Generacor wich Tesc Signals

MANUFACTURER

Sony

Sony

ADDA

Convergence

Technics

Sony

Shure

Technics

Tekcronlx

Tekcronlx

3M

Eleccro-Volce

Panasonic

Vldeocek

Quanea

Tekcronlx

MODEL

5800

5850

AC-20

ECS-103C

RSM-65

MX-650

SR-170

SC-1200 MKII

528

1420

101

EV-635A

WV-5302

VM-15PR0

Q7A

1470

2/4/85 REPORTS OF COIVDVOTTEES 13137

3/4 Inch A/8 Roll Posc-Producclon Facilicy (conclnued)

1 Audio Amplifier

1 Speaker

1 Ediclng Console

1 Loe Mlse, Cables, Conneccors and Rackmouncs co Configure Faellley


SCREENING FACILITY

This screening facilicy consiscs of a 3/4" player equipped wich search capabllicy, a remoCe concrol, scene seleecion and edlc preparadon, a 17" color monlcor/recelver, Cime code reader and console, Ie will allow producers, dlreccors and others to screen raw footage and completed segments, as well as review completed shows. Use of this facility can greatly Improve the quality of work and enhance productivity.


SCREENING FACILITY

QUANTITY

1

1

1 .

1

DESCRIPTION

3/4" Player

Remoce ConCrol

17" Monleor/Reeelver

Time Code Reader

Includes all Conneccors CO Configure Screening Room.

MANUFACTURER

Sony

Sony

Vldeocek

ESE

MODEL

5000

RM

VM17


CHICAGO MASTER CONTROL

The MasCer Concrol Facilicy would serve ehe need for playbaek of vldeocape macerlals. Ic feaCures full compucer concrol, graphics inserdon capabllicy for channel idenclf Icadon during program hours and much more.




2

4

2

2

1

Playback Vldeocape Machines

Time Base CorrecCors

B&W Monitors 9"

Waveform Monitors

Vectorscopes

MANUFACTURER

Sony

Microtime

Panasonic

Tektronix

Tektronix

Routing Switcher and Compucer Concrol SysCem DiTech

1

2

6

2

3

3

3

10 Channel Characcer Generacor

Audio Carcrldge Machines

AuComaclc Audio Concrols

Background Audio Generacors

Color Monieors/ w/Audio

Time Code Readers

Modulacors for Feeding L.O. onCo ehe Cable Syscem

Video Daca

Broadcasc Eleccronics

JBL

Vldeocek

ESE

MODEL

VPS000

T-120

WV5352

528A

1420

Pace 2000

Cuscom

2100P

7130

RM15R

Cuscom

Indues all cables, conneccors ineerfaces and consoles.


CENTRAL VIDEO MAINTENANCE FACILITY

The General Video Malncenance FaelllCy will efficiencly provide for the repair and maintenance of all video and scudio equipment which we have included in our proposal. The maintenance staff will use the full compliments of stationary and portable test equipment and tools that are housed in this facility. One newly featured piece of portable tesdng equipmenc is ehe Tekcronlx 380 NTSC CesC monlcor. This uniC incorporaces che funcclons of a waveform monlcor, veccorscope and an oscilloscope, chus enabling ehe user Co examine ehe encire video signal. Engineers will cravel wherever necessary for rouclne malncenance, inscrucdon, and eroubleshoodng.

In light of the sophlsdcatlon of the proposed facilities, this centralized maintenance and repair system is the most effective, cost-efficlene and reliable approaeh.

2/4/85 REPORTS OF COIVIMITTEES 13143



Full Tesc Waveform Monlcor

MANUFACTURER

Tekcronlx

Poreable Oscilloscope Tekcronlx wich Diglcal MulCi-Mecer

Full Tesc Veccorscope Tekcronlx

350 MHZ Dual Trace Tekcronlx Oscilloscope

Poreable Combinaclon Tekcronlx Waveform, Veccorscope Oscilloscope Unic

NTSC Signal GeneraCor Tekcronlx wich Mulclple Opcions

MODEL

1480

465 DM44

520

485

380

1410, SPCl, SPG2, TSGl, TSG2, TSG3

1

3

1

1

2

Engineering Color MoniCor

Service Mascer Tool Klcs

Accaehe Tool See

Dlgleal Frequency Councer

Diglcal VOMS

Vldeocek

Xcelice

Comprehensive

Leader

B-K

VM12PR0

99SMW

TCIOOST

LDC-822

2810

Includes all assorced cools and cesc equipmenc Co equip Che video malncenance shop.


Exhlbic H

MUNICIPAL UTILIZATION

SUBSCRIBER NETWORK SYSTEM

1. Channel Commicmencs - Grancee shall provide, free of charge,

cwo (2) local government access channels on its subscriber necwork

syscem for che exclusive use and conCrol of Che Cley and oCher local

govemmenc agencies deslgnaced by ehe Clcy. Said channels shall be

admlnlscered by Che CiCy.

2. Service Ouclees - Pursuanc and in addleion Co SecCion

113.1-26(0) of che Enabling Ordinance, Grancee shall provide, free of

charge, one service ouCleC for regular subscriber service Co each of che

InseiCuCions and such oCher buildings used for governmencal purposes as

may be deslgnaced by Che CiCy in areas which are passed by Grancee's

subscriber necwork syscem,

3. Access Co GranCee's Faeilicies - GranCee shall permlc Che Cicy

and ocher local govemmenc agencies deslgnaced by che Clcy Co use ics

scudio, facllieies and equipmenc for municipal access programming,

Grancee shall also provide direce audio and video feed capabllicy

becween che municipal access scudios and faeilicies and iCs cable

Celevision sysCem,

4. Scaff - During che cerm of chis Agreemenc, GranCee shall

provide, ac a minimum, for one (1) full-clme skilled employee Co sCaff

che municipal access scudios and faeilicies, operace such sCudios and

facllieies, and creaCe, produce and cablecase qualicy municipal access

programming under Che direceion of che CiCy. Said employee shall work

during che hours and ac che slCes deslgnaced by ehe CiCy and be


compecenc, cralned, and knowledgeable in all aspeeCs of cable celevision

produccion and programming.

5. Municipal Cable Access CaplCal Reserve - Wiehin ninecy (90)

days of che effective date of the Agreement, Grantee, in cooperation

with the other grantees operating within the City, shall see aside

$200,000.00 for Che escabllshment of a $1,000,000.00 Municipal Cable

Access Capital Reserve. Such Reserve shall be established for

developing and providing municipal access studios, facilities and

equipmenc. Upon recelpc of a wriCCen sCaCemenc by Che Cicy decalling

ehe scudios, facllieies and/or equipmenc Co be provided and ehe Cime

frames for providing such sCudios, facllieies and/or equipmenc, Grancee

in a timely manner shall provide in cooperation with the other grantees

operating within the City such studios, facilities and/or equipment from

said Reserve as requesced by ehe Cley.

6. Municipal Cable Access Malncenance Fund - Commencing one (1)

year afcer che effecclve dace of che Agreemenc, GranCee shall provide

$10,000.00 CO che Cicy as requesced on an annual basis for che

malncenance and operadon of ehe municipal access scudios, faeilicies

and equipmenc escablished pursuanc Co SecCion 5 of Chis ExhibiC.


Exhlbic I

ENHANCED/DEVELOPMENTAL SERVICES

Graneee shall provide ehe Enhanced/Oevelopmencal Services see foreh

below or such ocher Enhanced/Oevelopmencal Services iC deems approprlace

upon ies decermlnadon chac such services are eechnlcally and

economically feasible:

1. Securicy services as sec forch in Seceion XI-1 of

Grancee's proposal.

2. Playcable. home banking, sofcware access, subscriber

polling, home shopping, cexe reCrleval, eleccronlc

messaging, mecer reading, Keyfax and energy

managemene as sec foreh in Seceion Xl-(l-la) of

Grancee's proposal.

3. Involvision as sec forch in Exhlbic Xl-la of Grancee's

proposal.

2/4/85 REPORTS OF COMIVOTTEES 13147

Exhlbic J

CHICAGO ACCESS CORPORATION

1. Channel Commicmencs

Graneee shall dedlcace cen percene (10%) of Che channels on iCs

subscriber neCwork syscem, free of charge, as access channels for ehe

exclusive use and concrol by che Chicago Access Corporacion (CAC)

pursuant to Section 19.1 of the Agreement.

2. Payment of Operating Expenses

Grantee, in cooperacion wich ocher grancees operaelng wiehin che

Cley ("che grancees") shall as sec forch in 19.2 of che Agreemenc

provide Che CAC Che amounc of $3,250,000.00 for operaclng or ocher

expenses or coses Co be paid chircy (30) days afCer che effecclve daCe

of che Agreemenc Thereafcer, as see forch in Seccion 19.2 of che

Agreemenc, ehe grancees shall provide che CAC che amounc of

$3,000,000.00 for operaclng or ocher expenses or coses Co be paid in

yearly Inscallmencs of $1,000,000.00 commencing cwo (2) years and ChirCy

(30) days afCer Che effecclve daCe of Che Agreemenc.

3. Percencage of Annual Gross Revenues

In addleion co ehe paymencs sec forch above, che grancees, as sec

foreh in Seceion 19.2 of che Agreemenc, shall on a quarcerly basis,

commencing che slxch year afcer che effecclve daCe of che Agreemenc and

for che Cerm of the Agreement pay to the CAC one percene (1%) of che

ciCy-wide annual gross revenues received, up Co an annual maximum of

Solely for purposes of ealculaclng che cime periods for paymencs required by Chis ExhibiC J, Che "effecclve dace of che Agreemenc" shall mean Che effecclve dace of Che Agreemenc for Franchise Area 1.


$1,000,000.00. The granCees shall commence such paymencs wiehin Chircy

(30) days afcer ehe end of che flrsc fiscal quarCer following che flfch

anniversary of Che effecclve dace of ehe Agreemenc by filing a financial

sCaCemenc clearly showing cicy-wide gross revenues received up Co Che

end of said fiscal quarcer and slmuleaneously Cendering sueh quarcerly

percencage paymenc Co ehe CAC. Thereafcer, Che grancees shall file

within thirty (30) days after each subsequent fiscal quarter, a

financial statement clearly showing the city-wide gross revenues

received during the preceding quarcer and shall slmuleaneously cender

paymenc of ehe quarcerly percencage paymenc as calculaced; provided,

however, chac che grancees shall adjusc che fourch fiscal quarcer

percencage paymenc Co reflecc Che proper balance due for che fiscal

year; provided, furcher, chac in ehe evenc ehe grancees conduce an

audic, che grancees may adjusc paymencs due che CAC as a resulc of said

audic for Che prior fiscal year wiehin one hundred cwency (120) days

afcer che conclusion of said fiscal year wichouc penalcy or incerese on

such adjuscmene. Commencing che ewelfch year afcer Che effecclve dace

of ehe Agreemenc and for ehe Cerm of ehe Agreemenc, ehe grancees shall

provide addieional paymenCs eo che CAC as follows: Che grancees shall

pay Co Che CAC one-half percene (%%) of Chac amounc of cicy-wide annual

revenues which exceeds $150,000,000.00 buC is noc greaCer Chan

$199,999,999.00 and che grancees shall pay Co che CAC one-quarcer

percenC (Js%) of chac amounc of cicy-wide annual revenues which exceeds

$200,000,000.00 but Is not greater than $250,000,000.00.

2/4/85 REPORTS OF COJVGVnTTEES 13149

4. First Instance Capical Funding

The grantees shall provide the.CAC the amount of $250,000.00 to be

paid one hundred eighty (180) days after the effective date of the

Agreement. In addition, the grantees shall provide the CAC with one (1)

mobile van which has a value of $500,000.00. Such van shall be provided

one hundred eighty (180) days after the effeceive dace of ehe Agreemenc

and such van shall become Che responsibilicy of che CAC.

In addleion, che grancees shall provide ehe CAC che amounc of

$200,000.00 CO be paid one (1) year and chircy (30) days afcer che

effecclve daCe of the Agreement and $200,000.00 to be paid two (2) years

and thircy (30) days afCer Che effecclve dace of che Agreemenc

Thereafcer, commencing four (4) years and chirCy (30) days afcer

ehe effecclve daCe of che Agreemenc. che grancees shall provide Che CAC

wich a fund for malncenance. upgrading and replacemenc of faeilicies and

equipmenc. Sueh fund shall be escablished in an amounc of $250,000.00

during Che flfch year and maincalned ac a maximum level of $100,000.00

for eaeh year chereafcer for Che cerm of che Agreemenc Sueh funds

shall be escablished for che CAC pursuanc Co ehe purposes and powers sec

foreh in Chis Agreemenc and in Secclons 113.1-35 and 113.1-40 of che

Enabling Ordinance and ics Articles of Incorporation adopced pursuanc Co

Seccion 113.1-38 of che Enabling Ordinance.

The facllieies and equipmenc fund may be drawn down from such funds

by che CAC for Che purposes seC forch herein on an annual basis up Co

che maximum annual funding levels escablished In chis Seccion. Unused-

funds shall noC accumulace or roll over from year co subsequenc year

wlchin che cerm of chis Agreemenc as said faeilicies and equipmenc funds


have been escablished Co meec che projeceed needs of ehe CAC on an

annual basis. Disagreemencs or dispuces regarding disbursemenes from

che facllieies and equipmenc fund shall be referred eo che Commission

for- resolucion.

5. Other Assistance

Grantee shall cooperate with the CAC's liaison t o Grantee to

facilieace che mucual obligacions of che Grancee and ehe CAC provided

for under Chis Agreement and/or the written policies and procedures to

be adopted by the parties pursuant hereto.

Grantee shall include appropriate designation of CAC's channels on

channel cards provided co subscribers. Furcher, Graneee shall provide a

liscing of said channels and programming on Grancee's celevlsed

alphanumeric program guide if such a guide is ucllized by Grancee and

such a lisdng is economically feasible.


Exhibit K

EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION PLAN

The City and Grantee recognize that in order to ensure the

participation of minorities and women in Grantee's work force that

Grantee must take affirmative action to maximize equal employment

opportunities for minorities and women. To this end. Grantee; pursuant

to Secdon 24.2 of the Agreement, shall develop and file an Equal

Employment Opportunity/Affirmative Action Plan with the Commission for

approval within ninety (90) days after the effective date of the

Agreement. For purposes of this Exhibit and Section 24.1 of the

Agreement, all general population and labor force statistics shall be

derived from the latest U.S. Census Data.

1) For purposes of this Exhibit, Exhibit L, Section 113.1-53 of the Enabling Ordinance and Section 24 of the Agreemenc, the tern "minorities" shall be defj.ned to mean persons who are citizens cr lawful permanent residents of the United States ar.d who are:

a) Black (a person having origins in any of the black racial groups of Africa); b) Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race); c) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands); or d) Americcui Indiaui emd Alaskan Native (a person having origins in any of the original peoples of Nort.h America) .

13152 JOURNAL^-CTTY COUNCTL-CfflCAGO 2/4/85

I. EEO/AA Plan

Grantee's EEO/AA Pleui shall contain:

A. A workforce profile that indicates the number of individual

positions by job title in each of the following job categories:

1. Officials and Managers/Technical/Professional;

. 2. Sales;

3. Office and Clerical;,

4. Craftsmen;

5. Operat ives;

6. Laborers; emd

7. Seirvice workers.

This workforce profile shall also indicate the levels by grade or

pay scale of the various positions within each job category.

B. Specific, numerical, affirmative action goals. Such goals

shall be set by;

1. Multiplying established percentages for each group in the

appropriate job category

X

2. The number of positions (whether filled or vacant)

indicated in each job category; and

3. Subtracting the members of each group presently included

in Grantee's workforce in each job category.

C. A description of Grantee's EEO/AA policy that demonstrates

Grantee's commitment to maximizing the employment, opportunities of

minorities and women in its workforce. This policy shall be

disseminated both internally and externally and appropriately reflected

in Grantee's:


1) Employee and supervisory manuals;

2) Training and employment materials;

3) Employment notices which set forth the rights of an employee if

he/she believes that he/she has been discriminated against;

4) Job application forms in bold type; and

5) Contracts with its contractors and subcontractors.

Also indicative of Grantee's efforts to disseminate its policy

shall be the featuring of minorities and women in advertisements,

posters or other public relations materials.

D. A description of personnel practices and procedures that will

be used by Grantee to: 1) eliminate artificial barriers or other

in^ediments to full utilization of minorities and females and 2) ensure

that Gremtee's policies, procedures or practices are both neutral and

nondiscriminatory on their face and administered in a fair manner. This

description shall provide an emalysis of personnel practices and

procedures and include, but not be limited to, a general description of

the following:

1) Grantee's selection process, including, but not

limited to, job descriptions, job titles, employee

requirements, application forms, interview procedures,

administration of tests and referral procedures;

2) Grantee's transfer, evaluadon, and promotion practices;

3) Salaries, fringe benefits and other forms of compensation;

4) Accessibility of Grantee's facilities or equipment to handicapped

persons; and

5) Seniority practices


E. The designation of a senior company official who shall have

full responsibility for the development, implementation and monitoring

of Grantee's EEO/AA policy emd program. This official shall be given

adequate personnel and financial resources to conduct Grantee's EEO/AA

program. The title of this official shall appear in all materials

relating to Grantee's EEO/AA program.

F. A description of the procedures to be used by Grantee to inform

all of its personnel that successful implementation of and compliance

with Grantee's EEO/AA policies and programs will be an essential element

in performemce evaluation and promotion.

G. A description of a systematic, affirmative action recruitment

program to be used by Grantee to attract minority and female applicants

to Grantee's workforce. Such description shall also identify applicant

sources in Chicago's labor force. Grantee may rely on personnel

resource organizations to obtain data on current emd potential applicant

sources. Minority and women's organizations and colleges with a

significant propordon of minority and female students may also provide

such recruitment information. Techniques to recruit potential

applicemts may include:

- Placing job announcements/advertisements in newspapers;

- On-site visits at minority and women's colleges;

Contacting emd sending job announcements to minority and women's

professional organizations and civil rights, legal and community

organizadons;

- Attendance at special career programs at local high schools and

colleges or participating in conventions or meetings sponsored

by civil rights or public interest organizations; and


- Announcing employment opportunities on radio and TV

on both minority and non-minority stations.

H. A description of Grantee's apprenticeship training and

educational programs (including those programs set forth in Section XIV

of Gremtee's proposal) that will be established and is^lemented by

Grantee to satisfy the employment requirements set forth herein and in

Section 24 of the Agreement.

I. A description of Grantee's internal audit and monitoring system

that must be integrated with Grantee's normal personnel, budgetary and

management systems and used to conduct an analysis of each aspect of

Grantee's EEO/AA program and to measure the effectiveness of this

program. This description shall include, but not be limited to:

1) A procedure for monitoring vacancies created by new hiring,

expansion, promotion, attrition or termination to assess

opportunities for meeting its EEO/AA goals.

2) A procedure for assessing the usefulness of various recruitment

sources and techniques.

II. Underutilization Analysis

Subsequent to submission of its EEO/AA Plan, Grantee shall be.

required to conduct, on an emnual basis, a statistical analysis pursuant

to guidelines established by the Commission to determine whether

minorities or women are underutilized in Gremtee's workforce in any job

category. Generally, this analysis shall consist of a comparison cf the

projected annual, numerical affirmative action goals of Grantee and the

actual representation of minorities and females in Grantee's workforce.


Exhibit L

MBE AND WBE PLANS

The City of Chicago recognizes that (i) minority and women-owned

businesses have historically been underutilized in the cable television

industry; (ii) the minority and female populations comprise

substemtially more than half of the general population of the City;

(iii) there are a significant number of qualified minority and

women-owned businesses located within the City and (iv) by providing

opportunities to such minority and women-owned businesses. Grantee

shall assist in increasing the participation of minority and women-owned

businesses in the cable television industry. To this end. Grantee,

pursuemt to Section 25.4 of the Agreement, shall develop separate MBE

and WBE Plans and shall file such Plans with the Commission for

approval within ninety (90) days after the effective date of the

Agreement.

1) For purposes of this Exhibit, Section 113.1-53(E) of the Enabling Ordinance and Section 25 of the Agreement, MBE ("Minority Business Enterprise") means a business (a) which is at least fifty-one percent (51%) owned by one or more minorities or, in the cas.e of a publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more minorities; and (b) whose minority owners . possess the power to direct or cause the direction of the management and policies of the business and to make day-to-day as well as major decisions regarding management, policy, and operations of the business.

2) For purposes of this Exhibit and Section 25 of the Agreement, WBE ("Women's Business Enterprise") means a business (a) which is at least fifty-one percent (51%) owned by one or more females or, in the case of a piiblicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more females; and (b) whose female owners possess the power to direct or cause the direction of the management and policies of the business and to make day-to-day as well as major decisions regarding management, policy and operations of the business.

2/4/85 REPORTS' OF COMMTTTEES 13157

I. MBE/WBE Plans

Both the MBE emd WBE Plans of Grantee shall contain:

A. A description of Grantee's internal MBE/WBE policy that

demonstrates Grantee's commitment to maximizing the participation of

minority and women-owned businesses located in the City in the

construction, installation, maintenance emd operation of its cable

television system. This policy shall be disseminated both internally

and externally and be reflected in all of Gremtee's contracts.

Indicative of Grantee's efforts to disseminate this policy shall be:

1) Timely notice of Grantee's intent to award

contracts to the minority and female business

communities, MBE/WBE assistance agencies and

other .MBE/WBE-related organizations;

2) Advertising in publications having significant

circulation among minorities and/or females;

3) Sponsoring conferences to advertise

Gremtee's MBE/WBE policies and to explain the

procedures for MBE/WBE participation;

4) Maintaining systematic contacts with the

minority and female business communities,

MBE/WBE assistemce agencies, MBE/WBE

contractor associations and other minority

and female organizations to encourage

referrals of qualified MBEs/WBEs;

5) Communicating Grantee's MBE/WBE policies to

all existing contractors and sxibcontractors


and requesting MBE/WBE referrals for future

consideration.

B. The designation of a senior compemy official who shall have

full responsibility for the development, implementation and monitoring

of Grantee's MBE/WBE programs. This official shall be given adequate

personnel and financial resources to conduct such programs. The title

of this official shall appeeu: in all of Gremtee's materials relating to

MBEs/WBEs.

C. A description of specific programs (including those programs

set forth in Section XIV of Gremtee's proposal) that will be established

and implemented by Grantee to meet its required MBE and WBE goals and to

ensure the participation of MBEs/WBEs in the construction, installation,

maintenance emd operation of its ceUsle television system.

0. A description of specialized programs that Grantee may, at its

option, establish and implement to meet its required MBE and WBE goals

and to ensure the participation of MBEs/WBEs in the construction,

installation, maintenance emd operation of Grantee's ceible television

system such as:

1) Set-asides for MBEs/WBEs;

2) Joint venture arrangements between MBEs/WBEs

and other firms;

3) Sole source contracts with capable, qualified

MBEs/ WBEs;

4) Division of contracts to facilitate greater.

MBE/WBE participation;

5) Accelerated or pro-rated payment plans and

pro-rated delivery schedules in order to

2/4/85 REPORTS OF COMMTITEES 13159

minimize the cash flow problems of MBEs/WBEs;

6) Purchasing supplies emd/or leasing the

required equipment for a job and then

subcontracting with MBEs/WBEs only for the

expertise required to perform the job; and

7) Revolving loem funds.

Also indicative of Grantee's efforts to meet its MBE/WBE goals

shall be: a) the deposit of funds in minority or women-owned banks; b)

bonding, management and technical assistance; c)the dissemination of

informational materials; d) the sponsoring of seminars and workshops;

and e) advising MBEs/WBEs on organizational and contractual

requirements, bid specifications, contracting schedules and procurement

procedures.

E. A description of the categories and dollar values of all

contracts to be awarded by Grantee.

F. A description of the categories and dollar values of all

contracts that should be excluded from the total dollar value of

contracts to be awarded by Grantee because participation of MBEs/WBEs

would not be practically possible such as factory direct purchases,

purchases of satellite-delivered services and purchases of materials or

equipment from a sole source of supply. These exclusions must be

justified by Grantee in this description and are subject to Commission

approval.

G. A description of Gremtee's internal audit and monitoring system

that must be integrated with Grantee's normal personnel, budgetar/ and

management systems and used for purposes of measuring the effectiveness

of Grantee's MBE/WBE programs. Said description shall:


1) Set forth specifically the steps Grantee will

take to identify and award contracts to MBEs/

WBEs;

2} Detail the methods Grantee will use for

monitoring its MBE/WBE programs;

3) Be consistent with the MBE/WBE counting

methods set forth below:

a) The total dollar value of the

contract awarded to the MBE/WBE is

counted toward the applicable

MBE/WBE goals.

b) The total dollar value of a contract

with an MBE/WBE owned and

controlled by both minority males

and non-minority females is counted

towards MBE or WBE goals

respectively, in proportion to the

percentage of ownership and control

of each group, in the business.

c) The total dollar value of a contract

with an MBE-owned and controlled by

minority women is counted towards

either the applicable MBE goal or

3) MBEs/WBEs must be certified in accordance with standards established by the City.


the WBE goal, but not toward both.

Grantee may choose the goal to which

the contract value is applied.

d) The portion of the total dollar

value of a contract with an eligible

joint venture that is equal to the

percentage of ownership and control

of the MBE/WBE partner in the joint

venture may be counted towards the

applicedsle MBE/WBE goals.

e) Only expenditures to MBEs/WBEs that

perform a "commercially useful

function" in the performance of a

contract may be counced towards the

applicable MBE/WBE goals. An

MBE/WBE is considered to perform a

"commercially useful function" if it

is responsible for the execution of

a distinct element in the

performemce of a contract and

ceurries out its responsibilities by

actively performing, managing and

supervising the job.

f) The portion of the total dollar

value of a s\ib-contract performed by

an MBE/WBE is counted towards the

applicable MBE/WBE goals.

13162. JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85

g) Materials and supplies obtained from

MBE/WBE suppliers and manufacturers

may be counted towards the

applicable MBE/WBE goals, provided

that the MBE/WBE assumes the actual

and contractual responsibility for

the provision of materials or

supplies. In cases where the

MBE/WBE exercises the exclusive role

of a distributor, broker or agent

for the obtaining of materials or

supplies, then only the commission,

markup or fee earned by the MBE/WBE

may be counted towards the

applicable MBE/WBE goals.


Exhibit M

PLAN OF INTERCONNECTION

TO BE INSERTED

13164 JOURNAL-.-CTTY COUNCTL-CfflCAGO 2/4/85

AMENDING AGREEMENT

This Amending Agreement made and execuced this day of

1985, by and between the City of Chicago (the "City") and Group W Cable

Associaces of North Cencral Chicago (the "Grantee"):

WITNESSETH

WHEREAS, after conducting public hearings affording che public a

reasonable opportunity to comment thereon, the City Council on

February 15, 1984 In a Grandng Ordinance dated February 15, 1984 approved

and adopted the franchise agreements for Franchise Areas 2, 3, 4 and 5 and

granted non-exclusive franchises to construct, install, maintain and

operate cable communications systems in said Franchise Areas to Group W

Cable Associates of North Central Chicago, Group W Cable Associates of

North West Chicago, Chicago Cable Communications and Stellar Continental

Cable, Inc., respectively; and

WHEREAS, Section 3 of the Granting Ordinance provides:

"That in approving and adopting said franchise agreements the City Council agrees that in the evenc a subsequent franchise Is awarded on terms or conditions more favorable than those avarded to grantees In Franchise Areas 2. 3, 4 and 5 which are not based on commitments set forth in the grantees' or applicants' respective franchise proposals, then the grancees in Franchise Areas 2, 3, 4 and 3 shall be entitled to any such similar terms and conditions by appropriate amendment of their respective franchise agreements"; and

WHEREAS, The City Council has awarded a subsequent franchise to

Communications and Cable of Chicago, Inc., the grantee in Franchise Area 1,

on terms and conditions more favorable than those awarded to grantees in

Franchise Areas 2, 3, 4 and 5 which are not based on commicmencs see foreh

in che grancees' respective franchise proposals; and


WHEREAS, pursuant to Section 3 of the Granting Ordinance, the grantees

in Franchise Areas 2, 3, 4 and 5 are entitled to such favorable terms and

conditions by appropriate amendment to their respective franchise

agreements.

NOV, THEREFORE, in consideration of the above, the parties hereby

agree as follows:

SECTION 1; Sections 1(E), 4.4, 6.1. 7.1, 7.5, 7.6, 8,1, 8,2, 8.11,

11.2. 15.2, 16.1. 17. 18. 19.1. 19.2. 19.3, 19.5. 19.6, 19.7, 21.1, 21,2.

22.1, 22.2, 23. 26.6, 26.10. and 29.5(d) and Exhibits C. D. F, G, H, I and

J of the Franchise Agreement between the City and the Grantee dated

March 16. 1984 (the "Agreement") shall be amended by substituting the

following therefor:

1 Definitions

E. "Major Outage" means that simultaneous loss of service (I.e., total loss of signals on any cable of Grantee's subscriber network system) occurs to five hundred (500) or more subscribers.


This seccion Is not applicable t o Franchise Area 2.

6.1 Amount

Pursuant to the terms and conditions set forth in Section 113.1-19 of the Enabling Ordinance, the amount of the letter of credit shall be five hundred thousand dollars ($500,000.00); provided, however, that the amount of the letter of credit shall be three hundred seventy five thousand dollars ($375,000.00) per franchise area if che Grancee or its affiliates participates in two of the City's franchise areas; provided, further, that the amount of the letter of credit shall be three hundred fifty thousand dollars ($350,000.00) per franchise area if the Grantee or its affiliates participates In three of the City's franchise areas.



Grantee shall provide to subscribers the broad categories of programming services set forth in Exhibit C attached hereto and made a part hereof. Grantee shall have che authority and right to change the monthly subscriber fees for all such services upon thirty (30) days prior vrltten notice to the Commission and the subscribers affected thereby. Such authority and right of Grantee to change said monthly subscriber fees shall exist until such time as che City exercises its rlghc to establish procedures for the review of subscriber rates pursuanc to Section 113.1-21(E) of the Enabling Ordinance.

7.5 No Interference With Service

If the Commission fails, if required, to approve a request by Grantee to increase the fees charged for its services or to decrease the services or channels offered or if the Council, pursuant to Section 113.1-21 falls, if required, to approve Grantee's petition for a change in its fee schedule. Grantee shall not deny, delay, interrupt or terminate any of its services because such requests or petitions were denied.


If the Installation of a service outlet requires an aerial drop in excess of one hundred fifty (150) feet or an underground drop in excess of seventy-five (75) feet. Grantee may charge the subscriber an amount that is equal to the costs of time and materials in accordance vith industry standards for that portion of the drop in excess of one hundred fifty (150) feet or seventy-five (75) feet, respectively. Grantee shall provide the subscriber a vrltten estimate of the costs of installing an extra-long drop and obcain such subscriber's vrltten consent prior to any installation of such drop; provided, hovever, that Grantee may require an advance payment of such costs from such subscriber as a condition of performing the requested Installation.

8.1 Subscriber Netvork System

Grantee shall construct a subscriber netvork system utilizing one trunk and one feeder cable, providing a minimum upper limit bandvldth of 550 MHz with return transmission paths, which shall be capable of transmitting eighty-two (82) channels dovnstream and four (4) channels upstream in accordance with the design set forth in Section VI of Grantee's proposal notwithstanding the upper limit bandvldth or number of cables referred to therein. Such system shall be designed and constructed as a 550 MHz system with 550 MHz high capacity passives to provide a minimum of

2/4/85 REPORTS OF COMMTTTEES, 13167

elghty-tvo (82) channels dovnstream and four (4) channels upstream and initially be activated at a minimum upper limit bandvldth of 450 MHz providing a minimum of sixty (60) channels dovnstream, activated upon Initation of service to subscribers. Grantee shall expand the initial channel capacity of such system as soon as 550 MHz technology has been reasonably perfected to ensure high performance and quality throughout the distribution netvork system and as soon as reasonably practicable after notice by the Commission pursuant to its finding that such additional channel capacity Is needed. Grantee may also utilize an alternative technology or a combination of alternative technologies Co provide cable service to subscribers; provided, hovever, that said alternative technology or combinaclon thereof provides a minumum of fifty-four (54) non-broadcast channels downscream. activated upon Iniclacion of service to subscribers. When It is technically and economically feasible. Grantee shall expand the initial capacity of those portions of its cable television system utilizing an alternative technology or combination thereof as soon as reasonably practicable after notice by the Commission pursuant to its finding that such additional channel capacity is needed.

8.2 Institutional Netvork System

Grantee shall provide capacity on the subscriber network system for an institutional netvork system. If Grantee determines the need for additional channel capacity or the activation of upstream channel capacity for its institutional netvork system. Grantee shall provide such additional capacity or activate any or all of such capacity either on the subscriber netvork system or on a separate inatitutional netvork system upon its determination that such capacity is technically and economically feasible.

8.11 Status/Performance Monitoring. Equipment

Where the bi-directional trunk of Grantee's cable television system has been activated. Grantee shall locate automatic status/performance monitoring equipment at not fever than one-third (1/3) of all trunk amplifier stations on its subscriber netvork system, including super trunk amplifier stations used to interconnect Grantee's hubs and headends. The status/performance monitoring system shall provide a record indicating the date, time and nature of the defect or fault and, at a minimum, be capable of indicating the total loss of one or more control carriers. Furthermore, Grantee shall provide monitoring equipment sufficient to ensure the reliable performance of its institutional network system.


Pursuant to Section 113.1-31(0) of the Enabling Ordinance, Grantee shall, vlthln three (3) months of the date

13168 JOURNAL-CTTY COUNCIL-CmCAGO- 2/4/85

of its acceptance of this Agreement, furnish the Commission a complete construction schedule and map. Such schedule and map shall be consistent vith Grantee's construction timetable referred to herein vhlch upon approval by the Commission shall be attached hereto as Exhibit E-2 and made a part hereof. More specifically, such construction schedule shall be set forth by utility quarter section and indicace the approximate amounc of plant mileage vlthln Franchise Area 2 to be constructed and activated on the subscriber netvork system on a quarterly basis and the scheduled dates for completion of construction of all major facilities. Grancee's construction schedule shall be submitted by Grantee to the Commission on forms set forth in Exhibit E-l. Grantee's construction map shall, at a minimum, set forth the location of all major facilities, trunk and supertrunk lines for Grantee's subscriber system. Furthermore. Grantee's construction schedule and map shall be updated vhenever substantial changes become necessary. A substantial change in the construction schedule shall be deemed to occur vhenever an adjustment is necessary that vould result in a delay in Grantee's quarterly schedule as set forth therein. In no event shall a change in the construction schedule that vould result in a delay Inconsistent vith Grantee's construction timetable referred to in Section 11.1 hereof be pemitted excepc upon prior approval of the Commission. In addition, upon commencement of construction of its cable television system. Grantee shall, for Informational purposes on the forms set forth in Exhibit E-l attached hereto and made a part hereof, notify the Commission in vrltlng on a monthly basis of those areas vhere strand or cable has been installed or vhere service is being provided.


Interconnection of all cable television systems vlthln the City shall, at a minimum, provide adequate capacity for one (1) channel Including two (2) subcarrlers to be delivered from each of grantees' franchise areas to a central interconnection facility and four (4) channels including cwo (2) subcarrlers Co be delivered Co each of grancees' franchise areas from a cencral incerconnecclon facilicy. Said interconnection shall be operational within one (1) year of service being delivered by any grantee to its first subscriber. Additional channel capacity shall be incrementally activated on an as-needed basis up to two (2) channels to be delivered from each franchise area to a central interconnection facility and eight (8) channels to be delivered to each franchise area from a central interconnection facility; provided, however, that the grantees as part of the interconnection plan referred to in Section 15.3 of this Agreement may submit an alternative design that equals or exceeds the performance and capabilities of the design referred to herein.



Grantee shall aC all times provide the same channel allocations for the following channels as provided for by all grantees operating cable television systems vlthln the City:

A) Three (3) local origination channels, not more than tvo (2) of vhlch may be alphanumeric;

B) All channels under the control of the Chicago Access Corporation;

C) At least tvo (2) leased access channels;

D) At least tvo (2) local government access channels; and

E) All television broadcast signals required to be carried by FCC regulations.

Grantee, in agreement vith all other grantees operating cable television systems vlthln the City, has established a standard channel allocation as set forth in Exhibit F atttached hereto and made a part hereof. This allocation shall be binding on all such grantees.

17 Universal Subscriber Service


18 Local Origination

During the term of this Agreement, Grantee, in cooperation vith the other grantees operating vithin the City, shall provide for local origination as set forth in Exhibit G and Attachment Gl attached hereto and made a part hereof.

19.1 Channel Commitments

Pursuant to Section 113.1-36(A) of the Enabling Ordinance, Grantee shall dedicate ten percent (10%) of its usable channels from their inception as access channels on its subscriber netvork system as set forth in Exhibit J attached hereto and made a part hereof. All such channels shall be provided to the CAC free of charge and be under the exclusive use and control of the CAC; provided, however, that such channels are utilized by the CAC for non-commercial programming and purposes and without any charges by the CAC to any subscriber or advertiser. Under no circumstances shall Grantee have the authority or right to exercise any control over the use or operation of such channels except as provided in Section 113.1-36(8) of the

13170 JOURNAL-CTTY COUNCIL-CmCAGO 2/4/85

Enabling Ordinance. Neither Grantee nor the CAC shall be liable for the quality or content of programming produced or transmitted by the other.


Pursuanc to Section 113.1-37 of the Enabling Ordinance, Grantee shall. In cooperation with other grantees operating vithin the City, pay directly Co the CAC such capital and operating payments as set forth in Exhibit J attached hereto and made a part hereof at the times set forth therein. The grantees for Areas 1,2,3,4, and 5, respectively, shall be obligated for a 20% pro-rata share of all capital payments to the CAC as set forth in Section 4. of Exhibit J attached hereto and made a part hereof. The grantees for Areas 2.3.4. and 5. respectively, shall be obligated for a 25% pro-rata share for all non-capital payments to the CAC as set forth in Sections 2 and 3 of Exhibit J attached hereto and made a part hereof, recognizing that the Grantee in Area 1 shall not be obligated to make non-capital payments to the CAC. Such payments referred to herein shall be under the exclusive use and control of the CAC pursuant to the purposes and powers set forth in Sections 113.1-35 and 113.1-40 of the Enabling Ordinance and ics Articles of Incorporation adopted pursuant to Section 113.1-38 of the Enabling Ordinance.

19.3 Equipment

In addition to the facilities and equipment commitments set forth in Exhibit J attached hereto and made a part hereof. Grantee shall provide, free of charge, modulators and other necessary equipment to permit full and practical utilization from the Grantee's headend downstream, by conventional technical means, of each CAC channel as from time to time requested by the CAC but in no event earlier than system activation. Furthermore, Grantee shall Insure that its cable television system is constructed and operated to enable the CAC, at its own costs, to cablecast live programming from remote locations vith no charge to the CAC for access to Grantee's existing facilities suitable for such purposes at Grantee's headend.

19.5 Recomputation •

Commencing after the fifthiyear, the City, upon written request of the CAC, which request shall be no earlier than one hundred (120) days following conclusion of Grantee's fiscal year, shall exercise its right to Inspect Grantee's books and records and to audit and recompute the amount determined to be payable to the CAC as a percentage of Grantee's annual gross revenues pursuant to Section 113.1-17(C) of the Enabling Ordinance provided that the City be reimbursed by the CAC for any costs Incurred in

2/4/85 REPORTS OF COMMTTTEES 13171-

exercising such a right in the event Grantee is not liable for said costs. If, after exercising such a right, the City determines that an additional amount is due the CAC, Grantee shall pay the CAC such additional amount within thirty (30) days after Grantee's receipt of notice from the City pursuant to Section 113.1-17(C) of the Enabling Ordinance.

19.6 Interest

If any of the payments referred to in Section 19.2 hereof are not made on or before the due dates set forth in Exhibit J attached hereco and made a part hereof. Grantee shall pay to the CAC from such due date on the amount due and owing until such amount Is paid in full Che prime rate of interest effective as of the due date publicly announced by the First National Bank of Chicago. If an additional amount is due the CAC as a result of the audit referred to in Section 19.5 hereof and such amount is not paid within said thirty (30) days after Grantee's receipt of notice from the City pursuant to Section 113.1-17(C) of the Enabling Ordinance, Grantee shall pay to the CAC on the amount due and owing until such amount is paid in full the prime rate of interest effective as of such date publicly announced by the First National Bank of Chicago.

19.7 CAC/Grancee Policies and Procedures

In order to facilitate smooth operations and working arrangements between the CAC and Grantee and to resolve all practical difficulties in the Implementation of Grantee's commitments to the CAC. within one hundred and twenty (120) days after the effective date of this Agreement or such later date as agreed upon by Grantee and the CAC, Grantee and che CAC shall develop written policies and procedures vhlch shall be filed vith the Commission. Said policies and procedures shall detail the mutual obligations of Grantee and the CAC in a manner not inconsistent with this Agreement and shall Include an acknowledgement by che CAC and Grancee chat, vith respect to any mutual obligations provided for under this Agreement and the vrltten policies and procedures to be adopted by the parties pursuant hereto, each shall act in a reasonable, expeditious and timely manner.

21.1 Description

During the term of this Agreement, Grantee shall provide for municipal utilization on its subscriber netvork system as set forth in Section X of Grantee's proposal and Exhibit H attached hereto and made a part hereof. The channels dedicated to the use and control of the City and other local government agencies designated by the City as set forth in Exhibit H attached hereto and made a part hereof shall be utilized for non-commercial programming and purposes and vlthout any charges by the City to any subscriber. Grantee shall have no authority or control over any programming


cablecast on such dedicated channels. All programming cablecast on such dedicated channels shall not be considered origination cablecasting for purposes of Grantee's compliance vith Section 76 Subpart G of the FCC rules and regulations unless otherwise determined by the FCC vith respect to Grantee. Grantee shall have no responsibility under Section 113.1-26(0) of the Enabling Ordinance for programming cablecast on any such dedicated channel. Furthermore, nothing in this Section shall be construed to imply that Grantee is a common carrier.


Upon demonstration by the City of full utilization of the channel capacity dedicated to the City, Grantee shall exercise its best efforts to provide addlcional channel capacity to the City on its cable television system to meet the reasonable needs of the City unless to do so vould place an unreasonable economic burden on Grantee.

22.1 Description

Grantee shall provide Enhanced/Developmental Services as set forth in ExhibiC I upon iCs decermlnadon chac such services are technically and economically feasible.

22.2 Fees

Pursuant to Section 113.1-22(E) of Enabling Ordinance, Grantee shall submit the fees to be charged for its Enhanced/Developmental Services to the Commission not less than thirty (30) days prior to.any marketing of such services.

23 Institutional Netvork System

Grantee may operate and maintain a bi-directional institutional netvork system in accordance vith Section 8.2 hereof. Furthermore, Grantee may activate any part or all of its institutional network system upon its determination that such activation is technically and economically feasible.


At the time Grantee solicits the residents of an area for subscription of services. Grantee shall provide such residents a simple, but thorough vrltten explanation of all services offered, the price of such services, the parental lock-out device, installation procedures and privacy rights of the subscriber as set forth in Section 113.1-32 of the Enabling Ordinance and Section 28 of this Agreement.



In the event Grantee or its agent provides to Grantee's subscribers vrltten program guides, such guides shall list, at a minimum, all non-must carry channels carried on Grantee's cable television system and shall, to the extent reasonable as determined by Grantee, list all programs carried on such chaimels.


Grantee agrees the follovlng vill result in damages to the City that vill be Impracticable or difficult to ascertain and therefore, agrees to pay to the City the follovlng amounts vhlch shall not be considered in the nature of penalties:

d) Except as approved by the Commission or the Council, if required, a material failure to provide the services set forth or referred to in Section 7 of this Agreement in accordance with the requirements set forth therein, $250.00 a day for each day or part thereof that such failure continues.

13174 JOURNAL-.-CTTY COUNCILr..CfflCAGO 2/4/85

Exhibit C

SUBSCRIBER SERVICES

In addition to other services Grantee may offer. Grantee shall provide on its lowest-priced tier of service and to all subscribers: tvo (2) local government access channels; all channels dedicated to the CAC; all television broadcast signals required to be carried by FCC regulations; tvo (2) leased access channels; and three (3) local origination channels, not more than tvo (2) of vhlch may be alphanumeric.

Grantee shall, in addition, offer the follovlng broad categories of programming services vhlch are available and meet the needs of the subscribers: children's programming, family programming, cultural programming, educational programming, consumer programming, ethnic programming. entertainment programming, music programming, sports programming, nevs and public affairs programming, business programming, religious programming and special Interest programming.


Exhibit D

USER DISCOUNTS

Upon activation of an Institutional netvork system, a discount for government and not-for-profit institutions shall be established subject to applicable regulatory approvals.


Exhibit F Standard Channel Allocation

Cable-Channel Service

2 3 4 5 6 7 8 9 10 11 12

WBBM L.O. - 1 CAC - 1 WMAQ GOV'T ACC. - 1 WLS CAC - 2 WGN LEASED ACC. - 1 WTTW WCAE - (Grantee may

use until such time as WCAE is on-air)

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

29 30 31 32

CAC - 3 FAA FAA FAA CAC - 4 L.O. - 2/WSNS CAC - 5 WYCC CAC - 6 WCFC GOV'T ACC. - 2 LEASED ACC. - 2 WFBN WCIU

WDAI - (Grantee may use until such time as WDAI is on-air)


WFLD


ExhibiC G

LOCAL ORIGINATION

The following local originacion plan is a joine effort of all Grantees operating within the Cicy which commies a cocal of $6,000,000.00 CO develop local originacion programming. ExhibiC G and iCs Accachmene Cl is noc only applicable to Area 1, but upon che accepcance of Che Franchise Agreemenc for Area 1, shall replace ehe Exhibit Gs for the Franchise Agreements for Areas 2,3,4, and 5. Unless otherwise specifically stated herein, che Grantees for Areas 1,2,3,4, and 5 (che "grancees") shall be joincly and severably liable for che obligacions scaCed herein.

1) Number of Channels - During che cerm of the Agreement, che grancees joincly shall provide and program one (1) full-time non-alphanumeric local origination channel. In addition, the Grancee shall provide and program cwo (2) alphanumerie local originacion channels. The Graneee may provide addieional loeal originacion channels on its cable celevision system; provided, however, ChaC in no evenC shall the minimum weekly hours of non-alphanumeric programming as set forth in Attachment Gl be shifted from the non-alphanumeric local origination channel to any additional loeal origination channel.

2) Staff - The grantees shall provide che level and quality of staffing necessary to develop and produce programming to fulfill their local origination requirements.

3) Studios and Equipment - The grantees shall provide in the year so designated and Chroughouc che term of the Agreemenc the studio, facilities and equipment set forth in attachment Gl or a scudio, faeilicies and equipmenc of equal or greacer performance or capabllicies.

4) Produecion - During Years 1 chrough 5, ehe grancees shall, aC a minimum, for ehe number of hours per week set forch in AttaehmenC Gl, locally produce and cablecase ICs loeal originacion programming (excluding access, alphanumeric or sacellice delivered services) on ics non-alphanumeric local origination channel. Thereafter, for the term of the Agreement, the grantees shall, at a minimum, produce and cablecast such local programming for che number of hours set forth in Attachment Gl for Year 5.


ATTACHMENT Gl JOINT LOCAL ORIGINATION PROPOSAL OF CHICAGO CABLE OPERATORS

The cable operators operating in che Cicy of Chicago are committed to producing quality local origination programming. Ic is Che strong belief of Chese cable operacors thae a cencrallzed approach co the production of local origination programming is in che bese incerescs of che Cicy. the cable companies and cable subscribers. It is also the belief of these operators that loeal origination programming should supplemenc. buC noC duplicace, the ocher locally produced programming that is available on the operators' cable, systems. Besides local originacion programming, ehe ocher requiremenes imposed upon ehe operacors for locally produced programming are in che areas of public, govemmenc and commercial or leased access. While public access is under Che conCrol of che Chicago Access Corporacion (CAC), government access under the control of the City, and commercial or leased access under the control of Chird parcles, loeal origination falls solely under the control of the cable operator and/or its contractors.

It is not the intent of the cable operators to compete with or duplicate programming produced by che CAC, che Clcy or commercial access users. Inscead the operators want to compliment these other forms of local programming with programs that are non-duplicative, able to fill the void not filled by other loeal programs and able to attract and retain cable subscribers. The cable operators are jointly committing $6,000,000.00 to underwrite their local origination efforts in Chicago.

With these objectives in mind, the Chicago.cable operators propose the following Joint local origination proposal:

1. LOCAL ORIGINATION CHANNELS During the term of the Agreement, the cable operators will jointly provide one full-time non-alphanumeric local origination channel. In addition, the individual operators in Areas 1,2,3.4, and 5 will be responsible for programming two alphanumeric local origination channels for each franchise area.

2. STAFF During the term o£ the Agreement, the cable operators will provide the level and quality of technical, engineering, programming and administrative staff necessary to develop and produce programming to fulfill chelr local origination requirements.


LOCAL TALENT The combined local origination effort for Areas 1,2,3,4 and 5 will include subscancial efforcs by Che cable operaCors Co ucllize and develop local calenc for local originacion purposes. In addleion, Che use of full-Clme and pare-Clme internship programs for local residents should Increase the local residents potential for employmenc as demand requires. Through their combined local originacion efforcs, che cable operacors will seek Co eseablish ongoing relacionshlps wich loeal high schools, colleges, and ocher educadonal inscicucions for an accessible pool of individuals wleh an interest in local originacion.

PRODUCTION During Years 1 Chrough 5, Che cable operacors will joincly provide, aC a minimum, che number of hours per week set forth below to loeally produce and cablecast their local origination programming (excluding access, alphanumeric, or satellite delivered services) on the non-alphanumeric local originacion channel.

Hours of Produecion

*Yr. 1

Yr. 2

Yr. 3

Yr. 4

Yr. 5

9

12

15

20

20

Thereafcer, che cable operacors will ac a minimum, produce and cablecase 20 hours per week of local programming. The cable operacors will expend the necessary amounc of funds wiehin cheir $6,000,000.00 overall local originacion commitment to produce che above stated hours per week of quality local origination.

For purposes of chis local originacion proposal. Year 1 will commence on Che flrsc anniversary of the delivery of service to all the franchise areas or upon che second anniversary of the delivery of service to any one franchise area, whichever occurs first.

13180 JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85.

5. LOCAL ORIGINATION FACILITIES AND EQUIPMENT

Under this joint local origination plan, the cable operators will jointly provide a centralized local origination studio facilicy and mobile equipmenc This cencral facilicy and accompanying equipmenc will be in place prior Co che Year 1 erlggerlng dace so chat the operators can meec their local origination commitments on schedule. The central facility will be of sufficient square footage to house all neeessary directly-related facilities such as: editing, preparation, storage, and control room areas as well as related office areas required for local origination programming production purposes. The follovlng pages decail che cypes of facllieies and equipmenc proposed for a cencral local originacion scudio, mobile equipmenc, posc-produccion facilicy, screening facilicy, mascer concrol and cencral malncenance facllieies. The esdmaeed cose of che facllieies and equipmenc is $1,200,000.00 and che ancicipaced costs of leasehold improvements is $300,000.00.

2/4/85 REPORTS ,0F COMMTTTEES 13181

MAIN STUDIO

Featuring quality cameras from Hitachi, Sony 1" and 3/4" video tape machines, discrece produccion/post-produetlon areas, versatile electronic graphics, professional quality audio, video and lighting support and a film chain for high quality cransfer Co videotape of slides, super 8mm and 16mm film.

13182 JOURNAL-CTTY COUNCIL.-CmCAGO 2/4/85

PRODUCTION EQUIPMENT FOR LOCAL ORIGINATION STLDIO

FP 60'3

KlOX 15RW-1

C1205

BVH 2000/02

BVT 2000

BKH 2100

BK 800

BVE 800

BK 8072

BKH 2015

BK 2014

1470

Series 21

1600 IL

P4/H2/RH

528

1420

465 DM44

5722R513

Hitachi 3 Tube Studio Cameras with 1 inch Saticon Tubes (each including) a. HF-60 Camera head b. VM-702 7" viewfinder c. C-1205 50' camera cable d. A404 I H vertical enhancer e. CCU-60 Camera control unit f. ROP-60 Remote panel g. C-1103 30' ROP cable

Fujlnon 10:1 15-150mm Fl.S Lenses

50' camera cables

Sony type "C" Helical videotape recorder/editors

Sony Time Base Correctors

NTSC plug-in boards


Sony video tape editor controller

Sony interfaces

Plug-in reader/generators

Cabinets

Tektronix syne generator

Dynair audio follow video switcher 20x20

Grass Valley special effeces generacor/ produccion swlccher

ITE pedestal/head and second handles

Tektronix Waveform monitors

Tektronix veetorscope

Tektronix Oscilloscope

Conrac high resolucion eolor 52540 monicors


Production Equipment for Loeal Origination Studio (continued)

TCI209/04 RCA dual 9" black & white monitors

Q7 Quanta Character Generator

12B Quantum audio board

Lot Dynair video and audio DAS

4305 Zelmark film cabin (with accessories)

D75 Cro\m audio amplifier

Lot RTS intercom

Lot Miscellaneous audio

a. microphone b. cart machine e. cassette machine d. open reel tape deck e. turntable

1 Lot Berkey Colortran lights (50 by 60)

1 Loc Inscallacion Pares and labor Co include: a. Project engineering b. Technical Services c. Drafting


MULTI-CAMERA VAN

Featuring versacile portable cameras with scudio vlewfinders, 3/4" video tape machines, and a microprocessor controlled production switching syscem.




Poreable color cameras w/14:l zoom lenses 300' camera cable, remote operacions panels and scudio vlewfinders

Hlcachl SK-81

Camera tripods, dollies, heads

Quickset 2000, Hercules

1 Microprocessor controlled production switcher

17" color monitors

Engineering Monitor

Waveform monitor

Veetorscope

Broadcast 3/4" Recorder

Time base corrector

Compliment of time code equipment

Synchronizing generator

Graphic generating system

Audio console

Video distribution amplifiers

Audio distribution amplifiers

Echo-Lab

Vldeotek

Tektronix

Tektronix

1 Tektronix

Sony

Digital Video

Sony

Tektronix

Quanta

ISI

Shlneron

Sigma

Seg-3

VM17R

650HR

528

1420

8VU-800

Phaser

1470

Q-7A

1002

AD 105




1 Incercom Syscem RTS

1 HMI portable lighclng HMI syscem

1 Audio Speaker

6 9" black and white Panasonic WV5352 monitors

2 12 X 1 routing swlcchers Lenco

1 SysCem of assorced Eleccro-Voice microphones

Vehicle includes:

Cueaway van chassis All heavy duty options Air conditioning CusCom-builC consoles 6.5 KW Generacor Roof Cop camera plaeform

Including all cables, connectors and assorted Items.



Capable of providing broadcast quality field production, eaeh system features the Broadcast Saticon Hitachi FF-40. and O'Connor tripod and head, and a full compliment of field production audio/video equipmenc Each EFP syscem will provide produccion eapablllcy co maCch any local Celevision seacion.


ELECTRONIC FIELD PRODUCTION SYSTEMS Each of che 3 Eleccronlc Field Produccion Syscems conCains the following equipment.


Portable color camera with broadcast saticon Cubes and complece supporc accessories

MANUFACTURER-

Hieachi

MODEL

FP40SS

2

2

2

1

1

1

Cannon 13:1 zoom lens wich 2X excender

Quick charger




Llghdng kic

Claw ball cripod

Time code generacor

Fluid head, wich quick release

Poreable 3/4" VTR

Bacceries for VTR

Omnidlreccional microphones


Poreable audio mixer

Headsec

Poreable monlcor wich charger

Cannon '1

Hieachi

Hieachi

\

(Zannon '1

Cine 60

Lowell

O'Connor

Sony

O'Connor

Sony

Sony

Electro-Voice

Sony

Sony ll

Koss

JVC 1

J13X9B1E

QC40

DH40

SCK-13

SGK9127FC

TC-94

Regular

50-D, QRP

4800

BP60

EV-635A

ECMSOPS

MX650

Pro 4AA

TM41AV, AAP-41AV

Assorted cables, connectors and cases to configure system for portable Indoor/outdoor use.



A 3/4" editing system, capable of dissolving one taped source Into another and recording on yec a chird machine, is che main componene of che A/B Roll Posc-Producdon Fadllcy.

This highly sophisclcaced posc-produccion facilicy feacures che Convergence ediclng syscem for complece keyboard concrolled edlclng and special effeces. Ic also Includes facllieies for eleccronlc graphics, and audio inpucs from a cumcable or audio casseece. This facility Is fully capable of providing state-of-che-arc 3/4" posc-produccion of field and/or scudio foocage.



QUANTITY

1

2

1

1

1

1

1

1

1

1

1

1

2

1

1

1

DESCRIPTION

3/4" Playback

3/4" Record/Edic VTRs




Audio Console

Audio Equalizer

Tumcable

Waveform Monitor

Veecorseope

10 X 1 Swlccher


Dual 9" Monicors

15" Color MoniCor wich A-B Pulse Cross

Graphics Generacor

Synchronizing Generacor wich Test Signals

MANUFACTURER

Sony

Sony

ADDA

Convergence

Technics

Sony

Shure

Technics

Tektronix

Tektronix

3M

Electro-Voice

Panasonic

Vldeotek

Quanta

Tektronix

MODEL"

5800

5850

AC-20

ECS-103C

RSM-65

MX-650

SR-170

SC-1200 MKII

528

1420

101

EV-635A

WV-5302

VM-15PR0

Q7A

1470


3/4 Inch A/B Roll Post-Production Facility (continued)

1 Audio Amplifier

1 Speaker

1 Editing Console

I Lot Misc. Cables, Connectors and Rackmouncs Co Configure Facilicy


SCREENING FACILITY

This screening facilicy consiscs of a 3/4" player equipped wich search capabllicy, a remoce concrol. scene selection and edit preparation, a 17" color monitor/receiver, time code reader and console. It will allow produeers, directors and ochers Co screen raw foocage and compleced segmencs. as well as review compleced shows. Use of chis facilicy can greacly Improve che qualicy of work and enhance productivity.


SCREENING FACILITY

QUANTITY

1

1

1

1

DESCRIPTION

3/4" Player

Remote Control

17" Monitor/Receiver

Time Code Reader

Includes all Conneetors to Configure Screening Room.

MANUFACTURER

Sony

Sony

Vldeocek

ESE

MODEL

5000

RM

VM17



The Mascer Concrol Facilicy would serve che need for playback of vldeocape macerlals. Ic feacures full compucer concrol, graphics inserdon capabllicy for channel idendfleadon during program hours and much more.



QUANTITY

4

2

4

2

2

1

1

DESCRIPTION


Time Base Correccors

B&W Monicors 9"

Waveform Monicors

Veccorscopes

Roucing Swlccher and Compucer Concrol Syscem


MANUFACTURER

Sony

Microcime

Panasonic

Tekcronlx

Tekcronlx

DlTech

Video Daca

MODEL

VP5000

T-120

WV5352

528A

1420

Pace 2000

Custom

Audio Cartridge Machines

Automatic Audio Controls

Background Audio Generators

Color Monitors/ w/Audio

Time Code Readers

Modulacors for Feeding L.O. onco che Cable System

Broadcast Electronics

JBL

Vldeocek

ESE

2100P

7130

RM15R

Cuscom

Indues all eables, connectors interfaces and consoles.



The Central Video Maintenance Facilicy will efficiencly provide for Che repair and maintenance of all video and studio equipmenc which we have included in our proposal. The malncenance scaff will use che full compllmencs of scadonary and poreable cesc equipmenc and cools chac are housed in chis facilicy. One newly feacured piece of poreable testing equipment is the Tektronix 380 NTSC test monlcor. This unic incorporaces che funcclons of a waveform monlcor. veccorscope and an oscilloscope, thus enabling che user to examine che encire video signal. Engineers will cravel wherever necessary for rouclne maintenance, instruction, and eroubleshoodng.

In light of the sophistication of ehe proposed faeilicies, chis cencrallzed malncenance and repair syscem is ehe mosc effective, cosc-efficlenc and reliable approaeh.




I Full Tesc Waveform MoniCor

MANUFACTURER

Tekcronlx

Poreable Oscilloscope tekcronlx wich Diglcal Mulci-Meeer'




NTSC Signal Generacor Tekcronlx wich Mulclple Opcions

MODEL

1480

465 DM44

520

485

380

1410, SPGl, SPC2, TSGl, TSG2, TSG3

1

3

1

1

2

Engineering Color Monitor

Service Mascer Tool KlCs

ACCache Tool See

Diglcal Frequency Councer

Diglcal VOMS

Vldeocek

Xcelice

Comprehensive

Leader

B-K

VM12PR0

99SMW

TCIOOST

LDC-822

2810



Exhlble H MUNICIPAL UTILIZATION


1. Channel Commicmencs - GranCee shall provide, free of charge, cwo (2) local goverhmene access channels on iCs subscriber necwork syscem for che exclusive use and concrol of che Cicy and oCher local govemmenc agencies deslgnaced by ehe ClCy. Said channels shall be administered by Che Clcy.

2. Service Ouclees - Pursuanc and in addleion Co Seccion 113.1-26(0) of the Enabling Ordinance. Grantee shall provide, free of charge, one service outlet for regular subscriber service to each of the institutions and sueh other buildings used for governmencal purposes as may be deslgnaced by ehe Cley in areas which are passed by Grancee's subscriber necwork syscem.

3. Access co Grancee's Faeilicies - Grancee shall permit ehe Clcy and ocher local govemmenc agencies designated by che Clcy co use iCs seudlo. faeilicies and equipmenc for municipal access programming. Graneee shall also provide direce audio and video feed capabllicy becween ehe municipal access scudios and facllieies and ics cable celevision syscem.

4. SCaff - During che term of this Agreement, Grantee shall provide, at a minimum^ for one (1) full-time skilled employee Co sCaff Che municipal access scudios and facllieies, operace sueh scudios and faeilicies, and ereace, produce and cablecase qualicy municipal access programming under che direceion of che Cicy. Said employee shall work during che hours and ae Che sices deslgnaced by ehe Cley and be compecenc, cralned, and knowledgeable in all aspeeCs of cable celevision produccion and programming.

5. Municipal Cable Access Capical Reserve - Wiehin ninecy (90) days of the effective date of the Agreement, Grancee, in cooperacion wich che ocher grancees operaclng wiehin che Clcy, shall sec aside $200,000.00 for Che eseablishmenc of a $1,000,000.00 Municipal Cable Access Capical Reserve. Sueh Reserve shall be escablished for developing and providing municipal access scudios, facllieies and equipmenc. Upon receipc of a wrlccen scacemene by che CiCy decalling che scudios, faeilicies and/or equipment to be provided and the time frames for providing sueh studios, faeilicies and/or equipmenc, Graneee In a cimely manner shall provide in cooperacion wich ehe ocher grancees operaclng wiehin ehe Cicy such scudios, faeilicies and/or equipmenc from said Reserve as requesced by Che City.


6. Municipal Cable Access Maintenance Fund - Commencing ont (I) year after the effective date of the Agreement, Grantee shall provide $10,000.00 to Che Cicy as requesced on an annual basis for Che malncenance and operadon of che municipal access scudios, faeilicies and equipmenc escablished pursuant Co Seccion 5 of chis Exhibit.


Exhlble I ENHANCED/DEVELOPMENTAL SERVICES

Grancee shall provide che Enhaneed/Developmencal Services sec forCh below or such oCher Enhanced/Oevelopmencal Services iC deems approprlace upon iCs decermlnadon chat such services are technically and economically feasible:

1. Securicy, fire and medical alarms as seC forth in Section XI-lc of Grancee's proposal.

2. Telecexc as seC forch in Seccion Xl-ld of Grancee's proposal.,

3. One-way pay-per-view as see forch in Seccion Xl-la of Grancee's proposal.

4. Two-way pay-per-view, videoCexC, opinion polling, Dow Jones News/ReCrieval, Comp-U-SCore Service and eleccronlc games as sec foreh in SecCion XI(3-3f) of Grancee's proposal.

5. Home banking, video shopping, cravel and encercalnmenc service, and eleecrle power managemene/mecer reading as see forCh in Seceion XI-(3-3h) of Grancee's proposal.

2/4/85 REPORTS,OF COMMTTTEES 13201

Exhlble J CHICAGO ACCESS CORPORATION


GranCee shall dedlcace Cen percene (10%) of che channels on ics subscriber necwork syscem, free of eharge, as access channels for che exclusive use and concrol by che Chicago Access Corporacion (CAC) pursuanc co Seccion 19.1 of Che Agreemenc.

2. Paymenc of Operaclng Expenses

Grancee. in cooperacion wich ocher grancees operaclng wlchin Che Cicy ("che grancees") shall as see foreh in 19.2 of che Agreemenc provide che CAC che amounc of $3,250,000.00 for operaclng or ocher expenses or coses Co be paid chircy (30) days afcer ehe effecclve dace of che Agreemenc* Thereafcer, as sec foreh in Seceion 19.2 of ehe Agreemenc, Che grancees shall provide che CAC Che amounC of $3,000,000.00 for operaclng or ocher expenses or coses Co be paid in yearly inscallmencs of $1,000,000.00 commencing cwo (2) years and chircy (30) days afcer che effecclve dace of Che Agreemenc.


In addleion Co che paymencs sec forch above, che grancees, as sec forch in SecCion 19.2 of che Agreemenc, shall on a quarcerly basis, commencing che slxch year afcer ehe effecclve daCe of che Agreemenc and for ehe Cerm of che Agreement pay co ehe CAC one percene (1%) of che cicy-wide annual gross revenues received, up eo an annual maximum of $1,000,000.00. The grancees shall commence such paymencs wiehin chircy (30) days afcer che end of che flrsc fiscal quarcer following ehe flfch anniversary of ehe effeceive dace of Che Agreemenc by filing a financial scatement clearly showing city-wide gross revenues received up to the end of said fiscal quarter and simultaneously tendering sueh quarterly percentage payment to the CAC. Thereafter, the grantees shall file wlthih| thirty (30) days after eaeh subsequent fiscal quarter, a financial statement clearly showing the city-wide gross revenues received during the preceding quarter and shall simultaneously tender payment of the quarterly percentage payment as calculated; provided, however, that the grantees; shall adjust the fourth fiscal quarter percentage payment Co reflecC che proper balance due for ehe flseal year; provided, furcher, chat In the evenc

* Solely for purposes of calculating che cime periods for paymencs required by chis ExhibiC J, che "effecclve dace of che Agreemenc" shall mean che effeceive dace of Che Agreemenc for Franchise Area 1.


che grancees conduce an audic, ehe grancees may adjusc paymencs due che CAC as a resulc of said audic for ehe prior fiscal year wiehin one hundred cwency (120) days afcer che conclusion of said fiscal year wichouc penalcy or Interest on such adjuscmene. Commencing che cwelfch year afcer the effecclve date of Che Agreemenc and for che Cerm of che Agreemenc, Che grancees shall provide addieional paymencs co Che CAC as follows: che grancees shall pay co che CAC one-half percene ( %) of chac amounc of cicy-wide annual revenues which exceeds $150;000,000.00 buc is noc greacer Chan $199,999,999.00 and che grancees shall pay co che CAC one-quarcer percene OtZ) of'chac amounc of clcy-wide annual revenues which exceeds 200,000,000.00 buC is noc greacer than $250,000,000.00.

4. Flrsc Inscance Capical Funding

The grancees shall provide Che CAC Che amounC of $250,000.00 to be paid one hundred eighey (180) days afcer che effeceive dace of che Agreemenc. In addition, the grantees shall provide the CAC with one (1) mobile van which has a value of $500,000.00. Such van shall be provided one hundred eighty (180) days after the effective date of the Agreement and such van shall become the responsibility of the CAC.

In addition, the grantees shall provide the CAC the amount of $200,000.00 to be paid one (1) year and thirty (30) days after the effective date of the Agreement and $200,000.00 to be paid two (2) years and thirty (30) days after the effective date of the Agreement.

Thereafter, commencing four (4) years and thirty (30) days after the effective dace of the Agreement, the grantees shall provide Che CAC wiCh a fund for malncenance, upgrading and replacemenc of facllieies and equipmenc. Such fund shall be escablished in an amounc of 3250,000.00 during che flfch year and maincalned ac a maximum level of $100,000.00 for each year Chereafcer for che cerm of che Agreemenc Such funds shall be escablished for che CAC pursuanc Co che purposes and powers sec forch in chis Agreemenc and in Secdons 113.1-35 and 113.1-40 of che Enabling Ordinance and iCs Arcicles of Incorporation adopced pursuanc Co Seceion 113.1-38 of Che Enabling Ordinance.

The facllieies and equipmenc fund may be drawn down from such funds by Che CAC for the purposes set forth herein on an annual basis up to che maximum annual funding levels escablished in chis Seccion., Unused funds shall noc accumulace or roll over from year eo subsequenc year wiehin Che term of this Agreement as said facilities and equipment funds have been established to meet the projected needs of Che CAC on an annual basis. Disagreements or disputes regarding disbursements from the facilities and equipment fund shall be referred to the Commission for resolution.


5. Other Assistance

Grantee shall cooperate with the CAC's liaison Co Grancee Co facilieace che mucual obligacions of ehe Grancee and che CAC provided for under chis Agreemenc and/or Che wrlcCen policies and procedures Co be adopced by che parcles pursuanc hereco.

GranCee shall Include approprlace designacion of CAC's channels on channel cards provided Co subiscribers. Furcher, Crancee shall provide a lisdng of said channels and programming on Grancee's celevlsed alphanumeric program guide if sueh a guide is udlized by Grancee and such a liscing is economically feasible.

SECTION 2: Seceion 7 of che Agreemenc shall also be amended by

adding che following seceion:

7.8 Compecing Technologies

Nocwichscanding any ocher provisions of chis Agreemenc and except as provided herein, Grancee shall noc be required Co provide services Co subscribers by rewiring buildings already wired for a eompecing ceehnology so as co allow che resldencs of said building Co receive non-broadcasC video services. Upon che requesc of any landlord or any condominium or Cenanc assoeladon of any building already wired for a compecing ceehnology, Graneee, In a cimely manner conslscenc wleh ehe conscrucclon schedule referred Co in Seceion 11.2 of chis Agreemenc, shall undercake a good faich efforc including such pre-markeeing and pre-eonscrucclon design acdvieies as may be neeessary in order Co ascercaln ehe economic vlabilicy of providing cable celevision service Co said building. Upon complecion of ics ascercainmene, GranCee shall inform che person who made such requesc of che resules of said ascercainmene. Where che resules of said ascercainmene demonscrace che economic vlabilicy of said building. Grancee shall provide service in accordance wich che conseruccion schedule referred co in Seccion 11.2 of chis Agreemenc Where che resules of said ascertainment fail to demonstrate the economic viability of said building. Grantee shall provide a written explanation of the results of said ascertainment to the person who inicially requesced said ascercainmene.

SECTION 3: The Cerms and condlcions of Secclons 1 and 2 of chis

Amending Agreemenc as seC foreh above shall be effeceive and binding on che

CiCy and Che Grancee if, and only if.-ehere is an accepcance of Che Area 1

franchise agreemenc by Communicacions and Cable of Chicago. Inc. pursuanc

13204- JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85

CO Seccion 113.1-55(A) of che Chicago Cable Communicacions Ordinance,

Chapeer 113.1 of che Municipal Code of Che CiCy of Chicago.

SECTION 4; The parcies hereby agree ChaC che amendmencs set forCh

in Secclons 1 and 2 of chis Amending Agreemenc consCiCuce all ehe

amendmencs Chac Che GranCee is encicled Co pursuanc Co SecCion 3 of Che

Grandng Ordinance daced February 15. 1984.

In wicness whereof, che parcies have caused chis Agreemenc co be

execuced by cheir respeccive, duly auchorized agencs or officers as of che

day and year sec foreh below.

Cicy of Chicago

Date Harold Washington. Mayor

Grantee

Approved as to form and legality

Corporacion Counsel

2/4/85 REPORTS. OF COMMTTTEES 13205

AMENDING AGREEMENT

This Amending Agreemenc made and execuced Chis day of

1985. by and beCween the City of Chicago (the "City") and Group W Cable

Associates of North West Chicago (the "Grantee"):

WITNESSETH

WHEREAS, after conducting public hearings affording the public a

reasonable opportunity to commenC Chereon. che CiCy Council on

February 15. 1984 in a Granting Ordinance dated February 15. 1984 approved

and adopted the franchise agreements for Franchise Areas 2. 3, 4 and 5 and

granted non-exclusive franchises to construct, install, maintain and

operate eable communications systems in said Franchise Areas to Group W

Cable Associates of North Central Chicago, Group W Cable Associates of

North West Chicago, Chicago Cable Communications and Stellar Continental

Cable, Inc.. respectively; and

WHEREAS. Section 3 of the Granting Ordinance provides:

"That in approving and adopting said franchise

agreements Che Cicy Council agrees chac in Che evenc a subsequenc franchise is awarded on Cerms or condlcions more favorable Chan chose awarded Co grancees in Franchise Areas 2, 3, 4 and 5 which are noc based on commicmencs sec foreh in Che granceea' or applicancs' respeccive franchise proposals, Chen che grancees in Franchise Areas 2,3, 4 and 5 shall be encicled co any such similar cerms and condlcions by approprlace amendmenc of chelr respeccive franchise agreemencs"; and

WHEREAS, The CiCy Council has awarded a subsequenc franchise Co

Communicacions and Cable of Chicago, Inc.. ehe grancee in Franchise Area 1.

on Cerms and condlcions more favorable Chan Chose awarded co grancees in

Franchise Areas 2, 3. 4 and 5 which are noc based on commicmencs sec forch

in Che grancees' respective franchise proposals; and


WHEREAS, pursuant to Section 3 of the Granting Ordinance. Che grancees

in Franchise Areas 2. 3. 4 and 5 are encicled Co sueh favorable Cerms and

condlcions by approprlace amendmenc co Cheir respeccive franchise

agreemencs.

NOW. THEREFORE, in consideracion of Che above, che parcles hereby

agree as follows:

SECTION 1; Seceiona 1(E), 4.4, 6.1, 7.1, 7.5, 7.6, 8.1. 8.2. 8.11.

11,2. 15.2, 16.1, 17, 18, 19.1, 19.2, 19.3, 19.5, 19.6, 19.7, 21.1. 21.2,

22.1. 22.2. 23, 26.6, 26.10, and 29.5(d) and ExhibiCs C. D, F. G. H. I and

J of ehe Franchise Agreemenc becween che CiCy and che Graneee daCed

March 16. 1984 (che "Agreemenc") shall be amended by subsciCucing the

following therefor:

1 Definitions

E. "Major Outage" means that simultaneous loss of service (i.e., tocal loss of signals on any cable of Grancee's subscriber necwork syscem) occurs Co five hundred (500) or more subscribers.

4.4 Ocher Forms of Compensacion

This seceion is noc applicable Co Franchise Area 3.

6.1 Amount

Pursuanc Co Che Cerms and condlcions sec forCh in Seceion 113.1-19 of che Enabling Ordinance, Che amounc of Che leecer of credlc shall be five hundred Chousand dollars ($500,000.00); provided, however, ehae che amounc of che leccer of credlc shall be chree hundred sevenCy five chousand dollars ($375,000.00) per franchise area if ehe Grancee or ics afflliaces parcicipaces in Cwo of che Cicy's franchise areas; provided, furcher. ChaC ehe amounc of Che lecCer of eredic shall be chree hundred fifCy Chousand dollars ($350,000.00) per franchise area if ehe GranCee or iCs afflliaces participates in three of the City's franchise areas.



Grantee shall provide to subscribers the broad categories of programming aervices sec forch in ExhibiC C accached hereco and made a pare hereof. Graneee shall have che auchorlcy and rlghc Co change Che monchly subscriber fees for all such services upon chircy (30) days prior wrlccen noCiee co ehe Commission and Che subscribers affecced Chereby. Such auchorlcy and rlghc of Grancee Co change said monchly subscriber fees shall exlsC unCil sueh cime as Che Cicy exercises ics rlghc Co eseablish procedures for Che review of subscriber races pursuanc Co Seccion 113.1-21(E) of che Enabling Ordinance.

7.5 No Incerference Wleh Service

If Che Commission fails, if required. Co approve a requesc by Grancee Co increase che fees charged for ies services or Co decrease che services or channels offered or if che Council, pursuanc Co SecCion 113.1-21 fails, if required, Co approve Grancee's pecicion for a change in ics fee schedule, Grancee shall noc deny, delay, incerrupe or cermlnaee any of ies services because such requescs or peCicions were denied.

7.6 Excra-Long Drops

If Che insealladon of a service ouCleC requires an aerial drop in excess of one hundred fifcy (150) feec or an underground drop in excess of sevenCy-five (75) feec, Graneee may charge che subscriber an amounc ehae is equal Co che coses of cime and macerlals in accordance wich indusCry scemdards for chac porcion of che drop in excess of one hundred fifCy (150) feec or seveney-five (75) feec, respecdvely. GranCee shall provide che subscriber a wriCCen escimace of ehe costs of Installing an extra-long drop and obtain such subscriber's written consent prior to any installation of such; drop; provided, however, that Grancee may require an advance paymenc of such coses from such subscriber as a condicion of performing ehe requested installation.

8.1 Subscriber Network Syscem

GranCee shall conscruce a subscriber necwork sysCem ucilizing one crunk and one feeder eable, providing a minimum upper limic bandwidch of 550 MHz wich recum Cransmission pachs, which shall be capable of cransmlcclng eighCy-Cwo (82) channels downscream and four (4) channels upscream in accordance wich che design see forch in SecCion VI of Grancee's proposal nocwichscanding Che upper limic bandwidch or number of cables referred Co Chereln. Such sysCem shall be designed, and conscrucced as a 550 MHz syscem wich 550 MHz high capaciCy passives Co provide a minimum of


eighcy-cwo (82) channels downscream and four (4) channels upscream and inicially be aedvaeed ac a minimum upper limic bandwidch of 450 MHz providing a minimum of sixcy (60) channels downscream, aedvaeed upon inlCaCion of service Co subscribers. GranCee shall expand che Inicial channel capacicy of such syscem as soon as 550 MHz Ceehnology has been reasonably perfeeced Co ensure high performance and qualicy Chroughouc che discribucion necwork sysCem and as soon as reasonably pracclcable afCer noclce by che Commission pursuanc Co iCs finding ChaC such addieional channel capacicy is needed. GranCee may also uCillze an alcemacive ceehnology or a combinaclon of alcemacive eechnologles Co provide cable service Co subscribers; provided, however, ChaC said alCernaCive Ceehnology or combinaclon chereof provides a minumum of fifCy-four (54) non-broadcasC channels downscream, acclvaced upon Iniclacion of service Co subscribers. When iC is eechnlcally and economically feasible, Graneee shall expand ehe inicial capacicy of chose porcions of iCs eable celevision sysCem ucilizing an alcemacive ceehnology or combinaclon chereof as soon as reasonably pracclcable afcer noclce by ehe Commission pursuanc Co iCs finding ChaC such addlcional channel capaeley is needed.

8.2 Insdeudonal Network System

Grantee shall provide capacity on the subscriber network system for an inscicucional necwork syscem. If Graneee decermines Che need for addieional channel capacicy or ehe aedvadon of upscream channel capacicy for iCs inscitutional network system. Grantee shall provide sueh additional capacity or activate any or all of such capacity either on the subscriber network system or on a separate instituClonal neCwork syscem upon iCs decermlnadon ehae such capacicy is eechnlcally and economically feasible.

8.11 Scacus/Performance Monicoring Equipmenc

Where che bi-direccional Crunk of GranCee's cable celevision syscem has been acclvaced, GranCee shall locace aucomacie sCaCus/performance monicoring equipmenc aC noc fewer Chan one-chird (1/3) of all Crunk amplifier scacions on les subscriber necwork syscem, including super crunk amplifier sCaCions used Co incereonneee Grancee's hubs and headends. The sCacus/performance monicoring syscem shall provide a record indlcaclng che dace, cime and nacure of ehe defece or faulc and, aC a minimum, be capable of Indlcadng che Cocal loss of one or more concrol carriers. Furchermore, Grancee shall provide monicoring equipmenc sufficienc Co ensure che reliable performance of ICs InsCiCuCional necwork syscem.


Pursuant Co Seedon 113.1-31(0) of che Enabling Ordinance, Grancee shall, wlchin chree (3) monchs of che date


of ics accepcance of Chis Agreemenc, furnish che Commission a complece conscrucclon schedule and map. Such schedule and map shall be conslscenc wich Grancee's conscrucclon Clmecable referred Co herein which upon approval by Che Commission shall be aCCached hereco as ExhibiC E-2 and made a pare hereof. More specifically, such conscrucclon schedule shall be sec forch by uClllCy quarCer seccion and indicace che approxlmace amounc of plane mileage wlchin Franchise Area 3 Co be conscrucced and acclvaced on che subscriber neCwork syscem on a quarcerly basis and che scheduled daCes for complecion of cohscrueclon of all major facllieies. Grancee's conscrucclon schedule shall be submlcced by Grancee Co che Commission on forms see forCh in ExhibiC E-l. Grancee's conscrucclon map shall, ac a minimum, sec forch Che loeadon of all major facllieies, crunk and supererunk lines for Grancee's subscriber syscem. Furchermore. Grancee's conscrucclon schedule and map shall be updaced whenever subscancial changes become necessary. A subscancial change in che conseruccion schedule shall be deemed Co occur whenever an adjusCmenC is necessary ChaC would resulc in a delay in Grancee's quarcerly schedule as sec foreh chereln. In no evenc shall a change in the construction schedule that would resulc in a delay inconsiscene wich Grancee's conscrucclon clmecable referred Co in Seccion 11.1 hereof be permicced excepc upon prior approval of ehe Commission. In addleion. upon commencemenc of conseruccion of iCs cable celevision syscem. Grancee shall, for informaeional purposes on Che forms see forch in ExhibiC E-l accached hereco and made a pare hereof, nocify Che Commission in wrlclng on a monchly basis of Chose areas where scrand or cable has been inscalled or where service is being provided.

15.2 Capacicy and Tlmecable

Incerconnecclon of all cable celevision syscems wiehin Che CiCy shall, aC a minimum, provide adequace capacicy for one (1) channel including Cwo (2) subcarrlers Co be delivered from each of grancees' franchise areas co a cencral Interconnection facility and four (4) channels including Cwo (2) subcarrlers Co be delivered Co each of grancees' franchise areas from a cenCral incerconneeeion facilicy. Said incerconnecclon shall be operacional wiehin one (1) year of service being delivered by any grancee co iCs flrsc subscriber. Addlcional channel capacicy shall be IncremenCally acclvaced on an as-needed basis up Co Cwo (2) channels Co be delivered from each franchise area Co a cencral incereonneedon facilicy and eighc (8) channels Co be delivered Co each franchise area from a cencral Incerconnecclon faelllCy; provided, however, ChaC Che grancees as pare of che incereonneedon plan referred Co in Seccion 15.3 of Chis Agreemenc may submic an alcemacive design chac equals or exceeds che performance and capabllicies of Che design referred Co herein.


16.1 Seandard Allocadon

Graneee shall aC all Cimes provide che same channel allocations for Che following channels as provided for by all grancees operaelng cable Celevision syscems wiehin Che Clcy:

A) Three (3) loeal orlginadon channels, noC more Chan Cwo (2) of which may be alphanumeric;

B) All channels under che concrol of Che Chicago Access Corporacion;

C) Ac lease Cwo (2) leased access channels;

D) AC lease cwo (2) local govemmenc access channels; and

E) All Celevision broadcasc signals required CO be carried by FCC regulaclons.

Grancee, in agreemenc wich all ocher grancees operaclng eable celevision syscems wiehin che Clcy, has escablished a seandard ehannel alloeadon as sec forch in Exhlbic F acccached hereco and made a pare hereof. This allocadon shall be binding on all such grancees.

17 Universal Subscriber Service

This seccion is noc applicable Co Franchise Area 3.

18 Local Originacion

During Che Cerm of chis Agreemenc, Grancee, in cooperacion wich Che ocher grancees operaclng wiehin che CiCy, shall provide for loeal originacion as sec forch in Exhlbic G and Accachmene Gl aCCached hereco and made a pare hereof.


Pursuanc Co SecCion 113.1-36(A) of ehe Enabling Ordinance, Graneee shall dedlcaCe cen percene (10%) of iCs usable channels from chelr incepcion as access channels on its subscriber network system as sec foreh in Exhlbic J accached hereco and made a pare hereof. All such channels shall be provided Co Che CAC free of eharge and be under che exclusive use and concrol of ehe CAC; provided, however, Chac such channels are ucllized by che CAC for non-commercial prograimnlng and purposes and wichouc any charges by ehe CAC Co any subscriber or adverciser. Under no circumscances shall GranCee have Che auChorlCy or rlghc Co exercise any conCrol over ehe use or operadon of such channels excepc as provided in SecCion 113.1-36(8) of ehe


Enabling Ordinance. Nelcher Grancee nor Che CAC shall be liable for Che qualicy or concene of programming produced or Cransmicced by che ocher.

19.2 Paymencs and Contributions

Pursuant to Section 113.1-37 of the Enabling Ordinance, Grantee shall, in cooperation with ocher grancees operaclng wlchin ehe Cicy, pay directly Co che CAC such capical and operaclng paymencs as sec forch in ExhibiC J accached hereco and made a pare hereof ac che cimes sec forCh therein. The grantees for Areas 1,2,3,4, and 5, respectively, shall be obligated for a 20% pro-ratai share of all capital paymencs CO Che CAC as sec forch in Secdon 4 of Exhlbic J accached hereco and made a pare hereof. The grancees for Areas 2,3.4, and 5. respecdvely. shall be obllgaced for a 25% pro-raea share for all non-eaplcal paymencs Co ehe CAC as sec foreh in Secclons 2 and 3 of Exhlbic J accached hereco and made a pare hereof, recognizing chac che Grancee in Area 1 shall noc be obllgaced Co make non-eaplcal paymencs to the CAC. Such payments referred to herein shall be under the exclusive use and control of the CAC pursuant to che purposes and powers sec forch in Secclons 113.1-35 and 113.1-40 of che Enabling Ordinance and les Arcicles of Ineorporadon adopced pursuanc Co Seceion 113.1-38 of che Enabling Ordinance.

19.3 Equipmenc

In addleion Co Che faeilicies and equipmenc commicmencs sec foreh in Exhlbic J accached hereco and made a pare hereof, GranCee shall provide, free of charge, modulacors and other necessary equipment to permit full and practical utilization from the Grantee's headend downstream, by conventional technical means, of each CAC ehannel as from time to time requested by the CAC but in no event earlier than system aetivatlon. Furthermore, Grantee shall insure that its eable television system is constructed and operated to enable che CAC, aC ICs own coses, co cablecase live programming from remoce locacions wich no charge Co che CAC for access co Grantee's existing facilities suicable for sueh purposes ae GranCee's headend.

19.5 RecomputaCion

Commencing afCer che flfch year. Che ClCy. upon wrlccen requesc of che CAC. which requesc shall be no earlier Chan one hundred (120) days following conclusion of Grancee's fiscal year, shall exercise its right Co Inspecc Grantee's books and records and to audic and recompute the amount determined to be payable to che CAC as a percentage of Grancee's annual gross revenues pursuanc Co Section 113.1-17(C) of the Enabling Ordinance provided that the City be reimbursed by the CAC for any costs incurred in


exercising such a right in che evenC Grancee is noc liable for said coses. If. afcer exercising sueh a rlghc. che ClCy decermines ChaC an addieional amounc is due che CAC, Graneee shall pay che CAC such addieional amounc wiehin chircy (30) days afcer Grancee's receipc of noclce from che Cicy pursuanc Co SecCion 113.1-17(0) of che Enabling Ordinance.

19.6 Incerese

If any of che paymencs referred Co in Secdon 19.2 hereof are noc made on or before che due daces sec forch in ExhibiC J accached hereto and made a pare hereof, GranCee shall pay Co Che CAC from such due dace on Che amounc due and owing uncil such amounc is paid in full che prime race of incerese effeceive as of che due dace publicly announced by che Flrsc Nadonal Bank of Chicago. If an addlcional amounc is due che CAC as a resulc of Che audic referred Co in Secdon 19.5 hereof and such amounC is noc paid wiehin said ChirCy (30) days afcer Grancee's receipc of noclce from ehe Cicy pursuanc Co SecCion 113.1-17(0) of che Enabling Ordlnanee, Graneee shall pay co ehe CAC! on che amoUnc due and owing uncil such amounc is paid in full che prime race of Incerese effecclve as of such dace publicly announced by che Flrsc Nadonal Bank of Chicago.

19.7 CAC/Grantee Policies and Procedures

In order to faeilitace smooch operacions and working arrangemenes becween ehe CAC and GranCee and Co resolve all praccical difficulcies in Che implemencacion of Grancee's commicmencs Co che CAC. wiehin one hundred and cwency (120) days afcer Che effecclve dace of Chis Agreemenc or such laCer dace as agreed upon by Grancee and che CAC, Graneee and che CAC shall develop wriCCen policies and procedures which shall be filed wich che Commission. Said policies and procedures shall decail che mucual obllgacions of GranCee and che CAC in a manner noc inconsiscene wich ehls Agreemenc and shall Include an acknowledgemene by Che CAC and Crancee Chac, wleh respecc Co any muCual obligacions provided for under chis Agreemenc and che written policies and procedures to be adopced by ehe parcies pursuanc hereCo, eaeh shall ace in a reasonable, expedlclous and timely manner.

21.1 Description

During the term of this Agreemenc, GranCee shall provide for municipal ucllizacion on ics subscriber necwork syscem as sec forch in Seeclon X of Grancee's proposal and Exhlbic H accached hereco and made a pare hereof. The channels dedicaced Co ehe use and concrol of ehe Cley and ocher local govemmenc agencies deslgnaced by che City as set forth In Exhibit H attached hereto and made a part hereof shall be utilized for non-commercial programming and purposes and without any charges by the City to any subscriber. Grantee shall have no authority or control over any programming


cablecast on sueh dedicated channels. All programming cablecase on such dedicated channels shall not be considered origination cablecasting for purposes of Grancee's compliance wich Seedon 76 Subparc G of che FCC rules and regulaclons unless ocherwlse decermlned by ehe FCC wich respecc Co Grancee. Crancee shall have no responsibilicy under Secdon 113.1-26(0) of ehe Enabling Ordinance for programming cablecase on any such dedicaced channel. Furchermore. noehlng in chis Seccion shall be conscrued Co imply chac Grancee is a common carrier.

21.2 Addlcional Channel Capacicy

Upon demonsCraclon by Che CiCy of full ucllizacion of Che channel capacicy dedicaced co che CiCy, Grancee shall exercise ics best efforts co provide addieional channel capacicy Co che CiCy on iCs eable celevision syscem co meec che reasonable needs of che Cicy unless co do so would plaee an unreasonable economic burden on Graneee.

22.1 Descripcion

Graneee shall provide Enhanced/Developmencal Services as seC foreh in Exhlbic I upon ics decerminadon chac sueh services are eechnlcally and economically feasible.

22.2 Fees

Pursuanc Co Seccion 113.1-22(E) of Enabling Ordinance, Grancee shall submiC Che fees Co be charged for ics Enhanced/Oevelopmencal Services Co Che Commission noC less Chan ChirCy (30) days prior Co any markeeing of such services.

23 Inscicucional Network Syscem

Grancee may operace and maincain a bi-direccional Inscicucional necwork syscem in accordance wich Seccion 8.2 hereof. Furchermore, Grancee may acclvaee any pare or all of ics inscicucional necwork syscem upon les decerminadon ChaC such acclvacion is eechnlcally and economically feasible.

26.6 Grancee Solleieaclon

Ac Che Clme Grancee solicics che resldencs of an area for subscripeion of services, Grancee shall provide such resldencs a simple, buc chorough wrlccen explanaclon of all services offered, Che price of such services, che parencal lock-ouc device, inscallacion procedures and privacy righcs of che subscriber as sec foreh in Seccion 113.1-32 of che Enabling Ordinance and Seccion 28 of Chis Agreemenc.



In Che evenc Grancee or iCs agenc provides eo Grancee's subscribers wrlccen program guides, sueh guides shall Use, ac a minimum, all non-musc carry channels carried on Grancee's eable celevision syscem and shall, co Che excenc reasonable as decermlned by Grantee, lisc all programs carried on such channels.


Graneee agrees che following will resulc in damages Co che Cicy chac will be impracclcable or dlfflcule eo ascercaln and cherefore, agrees co pay Co che Cicy che following amouncs which shall noC be considered in che nacure of penaldes:

d) ExcepC as approved by che Commission or che Council, if required, a material failure to provide the services set forth or referred Co in Seccion 7 of chis Agreemenc in accordance wich ehe requiremenes sec forch Chereln, $250.00 a day for each day or pare chereof Chac sueh failure concinues.

2/4/85 REPORTS! OF COMMTTTEES 13215

Exhlbic C

SUBSCRIBER SERVICES

In addleion Co ocher services GranCee may offer, Grancee shall provide on iCs lowesc-priced Cier of servlee and Co all subscribers: Cwo (2) local govemmenc access channels; all channels dedlcaCed Co Che CAC; all celevision broadcasc signals required Co be carried by FCC regulaclons; cwo (2) leased access channels; and chree (3) local orlginadon channels, noC more Chan Cwo (2) of which may be alphanumerie.

Grancee shall, in addleion, offer che following broad cacegorles of programming services which are available and meeC che needs of Che subscribers: children's programming, family programming, culcural programming, educational programming, consumer programming, ethnic programming, entertainmene programming, music programming, spores programming, news and public affairs programming, business programming, religious programming and special incerese programming.


Exhlbic 0

USER DISCOUNTS

Upon acclvacion of an inscicucional necwork syscem. a discounc for govemmenc and noe-for-profic InseiCuCions shall be escablished subjecC Co applicable regulacory approvals.


Scanda

Cable

2 3 4 5 6 7 8 9 10 11 12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

29 30 31 32

Exhlbic F rd Channel

-Channel

Allocation

Servlee

WBBM L.O. - 1 CAC - I WMAQ GOV'T ACC. - 1 WLS CAC - 2 WGN LEASED ACC. - 1 WTTW WCAE - (Grantee may

use until such Cime as WCAE is on-air)


WDAI - (Grantee may use until sueh time as WDAI is on-air)

L.O. - 3 WPWR/WBBS (eh. 60 shrd.)

WFLD.


Exhibit G

LOCAL ORIGINATION

The following loeal originacion plan is a jolnc efforc of all Grancees operaclng wiehin ehe Cicy which commies a Cocal of $6,000,000.00 Co develop local originacion programming. ExhibiC G and iCs Accachmene Gl is noc only applieable eo Area 1. buC upon Che accepcance of che Franchise Agreemenc for Area 1, shall replace che Exhlble Gs for Che Franchise Agreemencs for Areas 2.3,4, and 5. Unless ocherwlse speeifieally scaced herein, che Grancees for Areas 1,2,3,4, and 5 (Che "grancees") shall be joincly and-severably liable for che obllgacions seaced herein.

1) Number of Channels - During Che Cerm of Che Agreement, the grantees joincly shall provide and program one (1) full-clme non-alphanumeric local orlglnaclon channel. In addleion, che GranCee shall provide and program cwo (2) alphanumeric local originacion channels. The Grancee may provide addieional local originacion channels on les cable celevision sysCem; provided, however, ChaC in no evenc shall che minimum weekly hours of non-alphanumeric programming as sec forCh in Accachmene Gl be shifced from ehe non-alphanumeric local originacion channel Co any addlcional local originacion channel.

2) SCaff - The grancees shall provide Che level and qualicy of scaffing neeessary eo develop and produce programming eo fulfill Chelr loeal orlglnaclon requiremenes.

3) Scudios and Equipmenc - The grancees shall provide in che year so deslgnaced and Chroughouc Che cerm of Che ^ Agreemenc Che scudio, facllieies and equipmenc see forch in accachmene Gl or a sCudio, faeilicies and equipmenc of equal or greacer performance or capabllicies.

4) Produccion - During Years 1 Chrough 5, Che grancees shall, ac a minimum, for che number of hours per week sec foreh in Accachment Gl, locally produce and cablecast its loeal origination programming (excluding access, alphanumerie or satellite delivered services) on its non-alphanumeric local origination channel. Thereafter, for the term of the Agreemenc, the grantees shall, at a minimum, produce and cablecast sueh loeal programming for the number of hours sec forch in Accachmene Gl for Year 5.


ATTACHMENT Gl JOINT LOCAL ORIGINATION PROPOSAL OF CHICAGO CABLE OPERATORS

The cable operacors operaelng in che Cicy of Chicago are committed to producing quality local origination programming. It is the strong belief of these cable operacors that a centralized approach to the production of local origination programming is in the best interests of the City, the eable companies and eable subscribers. It is also the belief of these operators that local origination programming should supplement, but not duplicate, che ocher locally produced programming chac is available on ehe operacors' cable systems. Besides local originacion programming, ehe ocher requiremenes Imposed upon che operacors for locally produced programming are in che areas of public, govemmenc and commercial or leased access. While public access is under che eonerol of che Chicago Access Corporacion (CAC), govemmenc access under che concrol of che Cicy, and commercial or leased access under Che concrol of chird parcies, loeal originacion falls solely under che concrol of che cable operacor and/or iCs concraccors.

Ic is noc ehe incene of che eable operacors co compece with or duplieate programming produced by the CAC, che Cicy or commercial access users. Inscead che operacors wane Co complimenc chese ocher forms of local programming wich programs chac are nonTduplicacive, able Co fill che void not filled by other local:programs and able to attract and retain eable subscribers. The cable operators are jointly committing $6,000,000.00 to underwrite their local origination efforts in Chicago.

With these objectives in mind, the Chicago eable operators propose the following joint local origination proposal:

1. LOCAL ORIGINATION CHANNELS During the term of the Agreement, the cable operators will jointly provide one full-time non-alphanumeric local originacion channel. In addleion, che individual operacors in Areas 1,2,3,4, and 5 will be responsible for programming cwo alphanumerie loeal orlglnaclon channels for each franchise area.

2. STAFF During che cerm of che Agreemenc, che cable operacors will provide che level and qualicy of Cechnical, engineering, programming and adminiscracive scaff necessary Co develop and produce programming Co fulfill chelr local orlglnaclon requiremenes.


3. LOCAL TALENT The combined l o c a l o r i g i n a d o a e f f o r t fo r Areas 1,2,3,4 and 5 will Inelude subscanelal efforcs by Che cable operacors co ucllize and develop loeal calenc for loeal orlglnaclon purposes. In addleion, Che use of full-clme and pare-Clme incemshlp programs for local residents should Increase che local resldencs pocencial for employmenc as demand requires. Through cheir combined local originacion efforcs, che cable operacors will seek Co eseablish ongoing relacionshlps wich local high schools, colleges, and ocher educacional InseiCuCions for an accessible pool of individuals wleh an incerese in local originacion.

4. PRODUCTION During Years 1 chrough 5. ehe eable operacors will joincly provide, ae a minimum, che number of hours per week sec foreh below eo locally produce and cablecase cheir local originacion programming (excluding access, alphanumeric, or sacellice delivered services) on ehe non-alphanumeric local originacion channel.;

Hours of Produecion

T r . 1

Yr. 2

Yr. 3

Yr. 4

Yr. 5

9

12

15

20

20

Thereafcer, ehe cable operacors will ac a minimum, produce and cablecase 20 hours per week of local programming. The cable operacors will expend che necessary amounc of funds wiehin cheir $6,000,000.00 overall local orlglnaelon commicmenc Co produce che above sCaced hours per week of qualley local origination.

For purposes of chis local originacion proposal. Year 1 will commence on Che flrsc anniversary of che delivery of service co all ehe franchise areas or upon ehe second anniversary of Che delivery of service Co any one franchise area, whiehever occurs firsc.


LOCAL ORIGINATION FACILITIES AND EQUIPMENT

Under chis joine local oTlginaCion plan, che cable operacors will joincly provide a cencrallzed local originacion scudio facilicy and mobile equipmenc. This cencral facilicy and accompanying equipmenc will be in plaee prior Co ehe Year 1 erlggerlng dace so chac ehe operacors ean meec cheir loeal originacion commicmencs on schedule. The cencral facilicy will be of sufficienc square foocage Co house all necessary direccly-relaced facllieies such as: ediclng. preparadon. scorage. and concrol room areas as well as relaced office areas required for local'originacion programming produccion purposes; The following pages decail che cypes of facllieies and equipmenc, proposed for a cencral local originacion scudio. mobile equipmenc. posc-producclon facilicy. screening facilicy. mascer concrol and cencral malncenance faeilicies. The esdmaeed cose of ehe facllieies and equipmenc is $1,200,000.00 and Che ancicipaced coses of leasehold improvemencs is $300,000.00.


MAIN STUDIO

Feacuring qualicy cameras from Hlcachl. Sony 1" and 3/4" video cape machines, discrece produccion/pose-produccion areas, versacile eleccronlc graphics, professional qualicy audio, video and lighclng supporc and a film chain for high qualicy cransfer Co vldeocape of slides, super 8mm and 16mm film.



FP 60's

KlOX 15RW-1

C1205

BVH 2000/02

BVT 2000

BKH 2100

BK 800

BVE 800

BK 8072

BKH 2015

BK 2014

1470

Series 21

1600 IL

P4/H2/RH

528

1420

465 DM44

5722R513

Hieachi 3 Tube Scudio Cameras wich 1 inch Saclcon Tubes (each including) a. HP-60 Camera head b. VM-702 7" viewfinder c. C-1205 50' camera cable d. A404 1 H verelcal enhancer e. CCU-60 Camera concrol unlc f. ROP-60 Remoce panel g. C-1103 30' ROP cable

Fujlnon 10:1 15-150mm F1.8 Lenses

50' camera cables

Sony cype "C" Helical videotape recorder/edicors

Sony Time Base Correccors

NTSC plug-in boards


Sony video cape edicor concroller

Sony ineerfaces


CaibineCs


Dynair audio follow video swlccher 20x20

Grass Valley special effeces generacor/ produccion swlccher

ITE pedescal/head and second handles

Tekcronlx Waveform moniCors

Tekcronlx veccorscope

Tekcronlx Oscilloscope

Conrac high resolucion eolor 52540 monicors


Produecion Equipmenc for Loeal Originacion Scudio (conclnued)

TCI209/04

Q7

12B

Loc

4305

075

Loc

Loc

Loc

Loc

RCA dual 9" black & whice monicors

Quanea Characcer Generacor

Quancum audio board

Dynair video and audio DAS

Zelmark film cabin (wich accessories)

Crown audio amplifier

RTS incercom

Miscellaneous audio

a. microphone b. care machine c. casseece machine d. open reel cape deck e. Cumcable

Berkey Colorcran lighcs (50 by 60)

Inscallacion Pares and labor Co include: a. Projeec engineering b. Technical Services e. Orafcing


MULTI-CAMERA VAN

Feacuring versacile poreable cameras wich scudio vlewfinders, 3/4" video cape maichines. and a microprocessor concrolled produecion swiechlng syscem.




Poreable color cameras w/14:l zoom lenses 300' camera eable. remoce operacions panels and sCudio vlewfinders

Hieachi SK-81

Camera cripods. dollies, heads

Qulcksec 2000, Hercules

1

2

Microprocessor concrolled produecion swlccher

17" eolor monicors

Engineering MoniCor

Waveform monlcor

Veecorseope


Time base correceor

Complimenc of cime code equipmenc

Synchronizing generacor

Graphic generacing syscem

Audio console

Video dlscribucion amplifiers


Echo-Lab

Vldeocek

Tekcronlx

Tekcronlx

Tekcronlx

Sony

Olgical Video

Sony

Tekcronlx

Quanea

ISI

Shlneron

Sigma

Seg-3

VM17R

650HR

528

1420

BVU-800

Phaser

1470

Q-7A

1002

AO 105






1 Audio Speaker

6 9" black and whiCe Panasonic WV5352 monieors

2 12 X 1 roucing swlcchers Lenco

1 SysCem of assorced Eleccro-Volce microphones

Vehicle includes:

Cueaway van chassis All heavy duCy opcions Air condicioning CusCom-builC consoles 6.5 KW Generacor Roof Cop camera plaeform

Including all cables, conneccors and assorCed Icems.



Capable of providing broadcasc qualicy field produccion, each syscem feacures che Broadcasc Saclcon Hlcachl FF-40, and O'Connor cripod and head, and a full complimenc of field produccion audio/video equipmenc. Each EFP syscem will provide produccion capabllicy co maCch any local Celevision scaCion.

2/4/85 REPORTS; OF COMMTTTEES 13229

ELECTRONIC FIELD PRODUCTION SYSTEMS Each of che 3 ElecCronic Field Produecion Syscems conCains the following equipmenc


Poreable color camera Hieachi wleh broadcasc saclcon Cubes and complece supporc accessories

Cannon 13:1 zoom lens Cannon wich 2X excender

FP40SS

J13X981E

Quick charger


Rear lenS conversion kic


Lighclng kic

Claw ball cripod

Time code generacor


Poreable 3/4" VTR

Bacceries for VTR




Headsec

Poreable moniCor wich charger

Hieachi

Hieachi

Cannon

Cine 60

Lowell

O'Connor

Sony

O'Connor

Sony

Sony

Eleccro-Volce

Sony

Sony

Koss

JVC • -1

QC40

DH40

SCK-13

SGK9127FC

TC-94

Regular

50-D, QRP

4800

BP60

EV-635A

ECM50PS

MX650

Pro 4AA

TM4lAV, AAP-41AV

Assorced cables, conneccors and cases Co configure syscem for poreable Indoor/oucdoor use.

13230 JOURNAL--CTrY COUNCIL-CfflCAGO 2/4/85'


A 3/4" edlclng syscem, capable of dissolving one Caped source inco anoeher and recording on yec a chird machine, is che main componene of che A/B Roll Posc-Produccion Facilicy.

This highly sophisclcaced posc-produccion facilicy feacures che Convergence ediclng syscem for complece keyboard concrolled edlclng and special effeces. Ic also includes facllieies for eleccronlc graphics, and audio inpucs from a CurnCable or audio casseece. This facilicy is fully capable of providing scate-of-che-arc 3/4" posc-produccion of field and/or scudio foocage.



QUANTITY

1

2

1

1

1

1

1

1

1

1

1

1

2

1

1

1

DESCRIPTION

3/4" Playback





Audio Console

Audio Equalizer

Tumcable

Waveform MoniCor

Veecorseope

10 X 1 Swlccher


Dual 9" Monicors


Graphics Generacor

Synchronizing Generacor wich TesC Signals

MANUFACTURER

Sony

Sony

ADDA

Convergence

Technics

Sony

Shure

Technics

Tekcronlx

Tekcronlx

3M

Eleccro-Volce

Panasonic

Vldeocek

Quanea

Tekcronlx

MODEL

5800

5850

AC-20

ECS-103C

RSM-65

MX-650

SR-170

SC-1200 MKII

528

1420

101

EV-635A

WV-5302

VM-15PR0

Q7A

1470


3/4 Inch A/B Boll Post-Produecion Facilicy (conclnued)

1 Audio Amplifier

1 Speaker

1 Ediclng Console

1 Loc Misc. Cables, Conneccors and Rackmouncs Co Configure Facilicy


SCREENING FACILITY

This screening facilicy consiscs of a 3/4" player equipped with search capability, a remote control, scene selection and edit preparation, a 17" color monitor/receiver, time code reader and console. It will allow producers, directors and others to screen raw footage and completed segments, as well as review completed shows. Use of this facility can greatly Improve the quality of work, and enhance productivity.

13234 JOURNAL-CTTY COUNCIL-CfflCAGO-. 2/4/85-

SCREENING FACILITY

QUANTITY

1

1

1

1

DESCRIPTION

3/4" Player

Remote Control

17" Monitor/Receiver

Time Code Reader

Includes all Connectors to Configure Screening Room.

MANUFACTURER

Sony

Sony

Vldeotek

ESE

MODEL

5000

RM

VM17

2/4/85^ REPORTS »0F COMMTTTEES 13235


The Master Control Facility would serve che need for playbaek of vldeocape macerlals. Ic feacures full compucer eonerol. graphics inserdon capabllicy for channel Ideneificadon during program hours and much more.



QUANTITY

4

2

4

2

2

1

1

DESCRIPTION

Playbaek Vldeocape Machines


B&W Monieors 9"

Waveform Monieors

Veccorscopes

Roucing Sviccher and Compucer Concrol Syscem


MANUFACTURER

Sony

Mierocime

Panasonic

Tekcronlx

Tekcronlx

DlTech

Video Daca




Color Monieors/ w/Audio

Time Code Readers

Modulacors for Feeding L.O. onco Che Cable Syscem


JBL

Vldeocek

ESE

MODEL

VP5000

T-120

WV5352

528A

1420

Pace 2000

Cuscom

21 OOP

7130

RM15R

Cuscom




The Cencral Video Malncenance Facilicy will efficiencly provide for che repair and malncenance of all video and scudio equipmenc which we have included in our proposal. The malncenance scaff will use che full compllmencs of scadonary and poreable Cesc equipmenc and Cools ehae are housed in chis facilicy. One newly feacured piece of poreable cescing equipmenc is the Tektronix 380 NTSC test monitor. This unit incorporates the functions of a waveform monitor, veetorscope and an oscilloscope, thus enabling the user to examine the entire video signal. Engineers will cravel wherever necessary for rouclne malncenance, inscrucdon, and eroubleshoodng.

In llghc of che sophlsdeaclon of che proposed faeilicies, chis cencrallzed malncenance and repair syscem is che mosc effeceive, cosc-efficiene and reliable approach.




1 Full Tesc Waveform Monlcor

MANUFACTURER

Tekcronlx

Poreable Oscilloscope Tekcronlx wich Diglcal Mulci-Meeer




NTSC Signal Generacor Tekcronlx wleh Mulclple Opcions

MODEL

1480

465 DM44

520

485

380

1410, SPGl, SPG2, TSGl, TSG2, TSG3

1

3

1

1

2


Service Mascer Tool Klcs

Accaehe Tool Sec

Diglcal Frequency CounCer

Diglcal VOMS

Vldeocek

Xcelice

Comprehensive

Leader

B-K

VM12PR0

99SMW

TCIOOST

LDC-822

2810

Includes all assorced Cools and cesc equipmenc Co equip che video malncenance shop.


Exhlbic H MUNICIPAL UTILIZATION


1. Channel Commicmencs - Grancee shall provide, free of charge, cwo (2) local govemmenc access channels on iCs subscriber necwork syscem for che exclusive use and concrol of che Clcy and ocher local govemmenc agencies deslgnaced by Che Cicy. Said channels shall be admlnlscered by che CiCy.

2. Service Ouclees - Pursuant: and in addleion co SecCion 113.1-26(0) of Che Enabling Ordinance, Grancee shall provide, free of charge, one service ouclec for regular subscriber service co each of che Inscicucions and such ocher buildings used for governmencal purposes as may be deslgnaced by che Cicy in areas which are passed by Grancee's subscriber necwork syscem.

3. Access CO Grancee's Faeilicies - Grancee shall permit Che ClCy and ocher loeal govemmenc agencies deslgnaced by che Cicy co use ics scudio, faeilicies and equipmenc for municipal access programming. Grantee shall also provide direct audio and video feed capability between the municipal access studios and facilities and its cable television system.

4. Staff - During the term of this Agreement, Grantee shall provide, at a minimum, for one (1) full-time skilled employee to staff the municipal access studios and facilities, operate such studios and facilities, and create, produce and cablecase qualicy municipal access programming under che direceion of ehe Cicy. Said employee shall work during che hours and ae ehe sices deslgnaced by che Cley and be compecenc, Cralned, and knowledgeable in all aspeccs of cable Celevision produccion and programming.

5. Municipal Cable Access CaplCal Reserve - Wlchin ninecy (90) days of che effeceive dace of che Agreemenc, GranCee, in cooperacion wich ehe ocher grancees operaclng wiehin Che Clcy, shall see aside $200,000.00 for ehe eseablishmenc of a $1,000,000.00 Municipal Cable Access Capical Reserve. Such Reserve shall be escablished for developing and providing municipal access scudios, faeilicies and equipmenc. Upon recelpc of a wrlccen scacemene by che Clcy decalling che scudios, facllieies and/or equipmenc Co be provided and ehe cime frames for providing sueh scudios, facllieies and/or equipmenc, Crancee in a Cimely manner shall provide in cooperacion wich ehe ocher grancees operaclng wiehin che Clcy such scudios, facllieies and/or equipmenc from said Reserve as requesced by che Cicy.

13240 JOURNAL-CTTY COUNCIL.-CfflCAGO 2/4/85

6. Municipal Cable Access Malncenance Fund - Commencing one (1) year afcer che effecclve dace of che Agreemenc, Grancee shall provide $10,000.00 Co Che ClCy as requesced on an annual basis for Che malncenance and operadon of ehe municipal access scudios, facllieies and equipmenc escablished pursuanc Co Seceion 5 of ehls Exhlbic.


Exhlbic I ENHANCED/DEVELOPMENTAL SERVICES

GranCee shall provide Che Enhanced/Oevelopmencal Services see forch below or such oCher Enhanced/Oevelopmencal Services lc deems approprlace upon les decerminadon ChaC such services are eechnlcally and economically feasible:

1. Securicy, fire and medical alarms as sec forch in Seccion XI-lc of Grancee's proposal.

2. Telecexc as sec foreh in SecCion XI-Id of Grancee's proposal.

3. One-way pay-per-view as sec foreh in SecCion Xl-la of Grancee's proposal.

4. Two-way pay-per-view, videocexe, opinion polling, Dow Jones News/Recrleval, Comp-U-SCore Service and eleccronlc games as see forch in Seccion XI(3-3f) of Grancee's proposal.

5. Home banking, video shopping, cravel and encercalnmenc service, and eleecrle power managemene/mecer reading as seC forCh in Seeclon XI-(3-3h) of Grancee's proposal.


Exhlbic J , CHICAGO ACCESS CORPORATION


Graneee shall dedlcace Cen percene (10%) of che channels on les subscriber necwork syscem, free of charge, as access channels for ehe exclusive use and concrol by Che Chicago Access Corporacion (CAC) pursuanc Co Seccion 19.1 of che Agreemenc.


GranCee, in cooperacion wich ocher grancees operaclng wiehin Che Cicy ("che grancees") shall as see forCh in 19.2 of che Agreemenc provide che CAC Che amounc of $3,250,000.00 for operaclng or ocher expenses or cosCs Co be paid chircy (30) days afCer Che effecclve dace of che Agreemenc* Thereafcer, as see foreh in Seceion 19.2 of che Agreemenc, Che grancees shall provide che CAC che amounc of $3,000,000.00 for operaelng or ocher expenses or cosCs co be paid in yearly inscallmencs of $1,000,000.00 commencing cwo (2) years and Chircy (30) days afcer ehe effecclve dace of che Agreemenc.


In addleion Co Che paymencs sec forch above, ehe grancees, as sec forch in Seccion 19.2 of che Agreemenc, shall on a quarcerly basis, commencing Che slxch year afcer Che effecclve dace of che Agreemenc and for Che Cerm of che Agreemenc pay co Che CAC one percene (1%) of che cicy-wide annual gross revenues received, up Co an annual maximum of $1,000,000.00. The grancees shall commence such paymencs wiehin chircy (30) days afcer che end of che firsc fiscal quarCer following che fifch anniversary of che effecclve dace of Che Agreemenc by filing a financial scacemene clearly showing eicy-wlde gross revenues received up Co Che end of said fiscal quarcer and slmuleaneously cendering such quarcerly percencage paymenc co che CAC. Thereafcer, Che grancees shall file wiehin chircy (30) days afcer each subsequenc fiscal quarcer, a financial scacemene clearly showing che cicy-wide gross revenues received during che preceding quarcer and shall slmuleaneously cender paymenc of the quarterly percentage payment as calculated; provided, however, that the grantees shall adjust the fourth fiscal quarter percentage payment to reflect the proper balance due for the flseal year; provided, further, that in the event

* Solely for purposes of calculating the time periods for payments required by this Exhibit J. the "effective dace of Che Agreemenc" shall mean Che effecclve dace of ehe Agreemenc for Franchise Area 1.


che grancees conduce an audiC. che grancees may adjusc paymencs due che CAC as a resulc of said audic for Che prior fiscal year vichin one hundred cwency (120) days afcer che conclusion of said fiscal year wichouc penalcy or incerese on sueh adjuscmene. Commencing ehe cwelfch year afcer che effeceive dace of Che Agreemenc and for che cerm of ehe Agreemenc. che grancees shall provide addieional paymencs co Che CAC as follovs: che grancees shall pay co che CAC one-half percene (%Z) of ChaC amounc of clcy-vlde annual revenues which exceeds $150,000,000.00 buC is noc greacer Chan $199,999,999.00 and che granCees shall pay Co Che CAC one-quarcer percene ( %) of chac amounc of cicy-wide annual revenues which exceeds $200,000,000.00 buC is noc greacer Chan $250,000,000.00.

First Instance Capical Funding

The grancees shall provide Che CAC ehe amounc of $250,000.00 Co be paid one hundred eighey (180) days afcer che effecclve dace of che Agreemenc In addleion. Che grancees shall provide che CAC wich one (1) mobile van which has a value of $500,000.00. Such van shall be provided one hundred eighey (180) days afCer ehe effecclve dace of ehe Agreemenc and such van shall become Che responsibilicy of che CAC.

In addleion. ehe grancees shall provide che CAC che amounc of $200,000.00 CO be paid one (1) year and chircy (30) days afcer ehe effecclve dace of che Agreemenc and $200,000.00 co be paid cwo (2) years and chircy (30) days afcer the effective dace of Che Agreemenc

Thereafcer, commencing four (4) years and chircy (30) days afcer Che effecclve dace of ehe Agreemenc, ehe grancees shall provide che CAC wleh a fund for malncenance, upgrading and replacemenc of facllieies and equipmenc Such fund shall be escablished in an amounc of $250,000.00 during the fifth year and maintained at a maximum level of $100,000.00 for each year thereafter for the term of the Agreement. Sueh funds shall be established for the CAC pursuant to the purposes and powers set forth in this Agreement and in Sections 113.1-35 and 113.1-40 of the Enabling Ordinance and its Arcicles of Incorporaclon adopced pursuanc co Seccion 113.1-38 of che Enabling Ordinance.

The facllieies and equipmenc fund may be drawn down from such funds by Che CAC for che purposes sec forCh herein on an annual basis up eo che maximum annual funding levels escablished in chis Seccion. Unused funds shall noc accumulace or roll over from year Co subsequenc year wiehin Che cerm of chis Agreemenc as said facllieies and equipmenc funds have been escablished Co meec Che projected needs of the CAC on an annual basis. Disagreements or disputes regarding disbursements from the facilities and equipment fund shall be referred to the Commission for resolution.

13244 JOURNAL.-CTTY COUNCTL-CfflCAGO 2/4/85

5. Other Assistance

Grantee shall cooperate with the CAC's liaison to Grantee Co facilieace che mucual obllgacions of che Grancee and che CAC provided for under Chis Agreemenc and/or Che wrlccen policies and procedures Co be adopced by ehe parcles pursuanc hereto.

Grantee shall Include approprlace designacion of CAC's channels on channel cards provided Co subscribers. Furcher, Crancee shall provide a lisCing of said channels and programming on Grancee's celevlsed alphanumeric program guide if such a guide is udlized by Graneee and sueh a liscing is economically feasible.

SECTION 2; Seccion 7 of ehe Agreemenc shall also be amended by

adding Che following seccion:


Nocwichscanding any ocher provisions of chis Agreemenc and excepc as provided herein, Grancee shall noc be required co provide services Co subscribers by rewiring buildings already wired for a eompecing Ceehnology so as co allow che resldencs of said building Co receive non-broadcasC video services. Upon che requesC of any landlord or any condominium or Cenanc assoeladon of any building already wired for a eompecing ceehnology, Graneee, in a cimely manner conslscenc wich che conscrucclon schedule referred co in Seccion 11.2 of chis Agreemenc, shall undercake a good faich efforc including sueh pre-markeeing and pre-conserueeion design aeelvleles as may be neeessary in order Co ascercaln che economic vlabilicy of providing cable Celevision service Co said building. Upon complecion of ics ascercainmene, Grancee shall inform che person who made such requesc of Che resules of said ascercainmene. Where che resules of said ascercainmene demonscrace che economic vlabilicy of said building, Graneee shall provide service in accordance wich che conscrucclon schedule referred Co in Seceion 11.2 of chis Agreemenc. Where ehe resules of said ascercainmene fall Co demonscrace che economic vlabilicy of said building, Grancee shall provide a wrlccen explanaclon of Che resules of said ascercainmene Co Che person who inicially requesced said ascercainmene.


Amending Agreemenc as see foreh above shall be effecclve and binding on che

Cley and che Grancee if, and only if, ehere is an accepcance of ehe Area 1

franchise agreemenc by Communieacions and Cable of Chicago, Ine. pursuanc


Co Seeclon 113.1-55(A) of che Chicago Cable Communicacions Ordinance,

Chapeer 113.1 of che Municipal Code of Che CiCy of Chicago.

SECTION 4: The parcies hereby agree chac che amendmencs see foreh

in Secclons 1 and 2 of Chis Amending Agreemenc consCiCuCe all Che

amendmencs Chac Che Grancee is encicled Co pursuanc Co Seceion 3 of che

Grandng Ordinance daced February 15, 1984.

In wicness whereof, che parcies have caused chis Agreemenc co be

execuced by Cheir respeccive, duly auchorized agencs or officers as of che

day and year sec forch below.

Cicy of Chicago

Dace Harold Washingcon, Mayor

GranCee

Approved as Co form and legalicy

Corporacion Counsel

13246 JOURNAL-CTTY COUNCTL-CfflCAGO 2/4/85 1

AMENDING 'AGREEMENT

This Amending Agreemenc made and execuced chis day of

1985, by and beCween che Cicy of Chicago (che "ClCy") and Chicago Cable

Communieacions (ehe "GranCee"):

WITNESSETH

WHEREAS, afcer eonducCing public hearings affording che public a

reasonable opporeunicy Co commene Chereon, Che Cicy Council on

February 15, 1984 in a Grandng Ordinance daced February 15, 1984 approved

and adopCed che franchise agreemencs for Franchise Areas 2, 3, 4 and 5 and

granCed non-exclusive franchises Co conscruce inscall, maincain and

operace cable communieacions sysCems in said Franchise Areas to Group W

Cable Associaces of Norch CenCral Chicago, Group W Cable Associaces of

Norch West Chicago, Chicago Cable Communicacions and SCellar Conelnencal

Cable, Inc., respecdvely; and ,

WHEREAS, Seccion 3 of Che Grandng Ordinance provides:

"ThaC in approving and adopelng said franchise agreemencs ehe CiCy Council agrees Chac in che evenc a subsequenc franchise is awarded on cerms or condlcions more favorable;Chan chose awarded Co grancees in Franchise Areas 2, 3, 4 and 5 which are noc based on commicmencs sec forch in che grancees' or applicancs' respeccive franchise proposals, Chen ehe grancees': in Franchise Areas 2, 3, 4 and 5 shallbe'enCiCled Co any sueh similar Cerms and condlcions; by approprlace amendmenc of Cheir respeceive franchise agreemencs"; and

• 1

WHEREAS, The ClCy Counell has awarded a subsequenc franchise Co

ConmiunieaClons and Cable of Chicago, Inc., ehe grancee in Franchise Area 1,

on Cerms and condlcions more favorable Chan chose avarded co grancees in

Franchise Areas 2, 3, 4 and 5 whlchi are noc based on commicmencs sec forCh

in Che grancees' respeccive franchise proposals; and


WHEREAS, pursuanc Co SecCion 3 of che Grandng Ordinance, ehe grancees

in Franchise Areas 2, 3, 4 and 5 are endeled Co such favorable cerms and

condlcions by appropriaCe amendmenc Co chelr respeccive franchise

agreemencs.

NOW, THEREFORE, in consideracion of Che above, che parCies hereby

agree as follows:

SECTION 1: Secclons 1(E). 4.4. 6.1, 7.1. 7.5. 7.6. 8,1. 8,2. 8.11.

11.2, 15.2. 16.1, 17. 18. 19.1, 19.2, 19.3, 19.5. 19.6, 19.7. 21.1. 21.2.

22.1, 22.2. 23, 26.6. 26.10. and 29.5(d) and ExhibiCs C. D. F. G. H. I and

J of Che Franchise Agreemenc beCween Che CiCy and che Graneee daCed

March 16. 1984 (ehe "Agreemenc") shall be amended by subsciCucing che

following Cherefor:

1 Deflnicions

E. "Major Oucage" means Chac simulCaneous loss of service (i.e.. CoCal loss of signals on any cable of Grancee's subscriber necwork syscem) occurs Co five hundred (500) or more subscribers.



6.1 Amounc

Pursuanc Co che cerms and condlcions sec forch in Seccion 113.1-19 of che Enabling Ordinance, Che amounc of che leccer of credlc shall be five hundred chousand dollars ($500,000.00); provided, however, ehae che amounc of Che leccer of credlc shall be chree hundred sevenCy five chousand dollars ($375,000.00) per franchise area if ehe Grancee or ics afflliaces parcicipaces in cwo of Che Cicy's franchise areas; provided, furcher, chaC Che amounc of Che leCCer of credlc shall be Chree hundred flfCy chouaand dollars ($350,000.00) per franchise area if ehe GranCee or ies affillaCes parcicipaces in chree of che CiCy's franchise areas.

13248. JOURNAL-CTTY COUNCTL^-CfflCAGO 2/4/85


GranCee shall provide Co subscribers cne broad cacegorles of programming services seC foreh in Exhlbic C accached hereco and made a pare hereof. Graneee shall have ehe auchorlcy and rlghc Co change Che monchly subscriber fees for all such services upon ehlrcy (30) days prior wrlccen noclce eo ehe Commission and che subscribers affecced Chereby. Such auchorlcy and rlghc of Graneee Co change said monchly subscriber fees shall exlsC unCil such cime as Che ClCy exercises iCs right Co eseablish procedures for che review of subscriber rates pursuanc Co Seccion 113.1-21(E) of Che Enabling Ordinance.

7.5 No Incerference Wich Service

If Che Commission fails, if required, Co approve a requesc by GranCee Co increase Che fees charged for ics services or Co decrease Che services or channels offered or if che Council, pursuanc Co Seccion 113.1-21 fails, if required, Co approve Grancee's peCiCion for a change in iCs fee schedule, Graneee shall noC deny, delay, incerrupe or cermlnaee any of; Ics services because sueh requescs or peCiclons were denied.

.1 •

7.6 Excra-Long Drops

If Che Inscallacion of a service ouclec requires an aerial drop in excess of one;; hundred fifcy (150) feeC or an underground drop in excess of seveney-five (75) feec, Grancee may charge cheisubscriber an amounC ChaC is equal Co Che coses of clme and macerlals in accordance wich indusery scandards for ChaC porcion of Che drop in excess of one hundred fifCy (150) feec or sevency-five (75) feec, respecdvely. GranCee shall provide che subscriber a wrlccen escimaCe of Che coisCs of inscalling an exCra-long drop and obCaln such subscriber's wriCCen consenC prior Co any inscallacion of sueh drop; provided, however, chac Grancee may require an advance paymenC of such cosCs from sueh subscriber as a condicion of performing Che requesced inscallacion.

8.1 Subscriber Necwork Syscem

Grancee shall conscruce a subscriber necwork syscem ucilizing one Crunk and one feeder cable, providing a minimxim upper limic bandwidch of 550 MHz wich recurn Cransmission pachs, which shall be capable of eransmiceing eighcy-cwo (82) channels downscream and four (4) channels upscream in accordance wich ehe design sec foreh in Seccion VI of Grancee's proposal nocwichscanding Che upper limic bandwidch or number of cables referred Co Chereln. Sueh sysCem shall be designed and conscrucced as a 550 MHz syscem with 550 MHz high capacicy passives Co provide a minimum of


eighcy-Cwo (82) channels downscream and four (4) channels upscream and Inicially be acCivaCed aC a minimum upper limic bandwidch of 450 MHz providing a minimum of slxcy (60) channels downscream, aedvaeed upon IniCacion of service Co subscribers. Grancee shall expand che inicial ehannel capacicy of such syscem as soon as 550 MHz Ceehnology has been reasonably perfeeced Co ensure high performance and qualicy Chroughouc che dlscribucion necwork syscem and as soon as reasonably pracclcable afcer noClee by Che Commission pursuanC Co iCs finding ChaC such additional channel capacity is needed. Grantee may also utilize an alternative technology or a combinacion of alCemaCive eechnologles Co provide eable service Co subscribers; provided, however, ChaC said alcemacive Ceehnology or combinaclon chereof provides a minumum of flfCy-four (54) non-broadcase channels downscream, acclvaced upon Iniclacion of service Co subscribers. When iC is eechnlcally and economically feasible, GranCee shall expand che inicial capacicy of Chose porcions of ies cable celevision syscem ucilizing an alCernaCive Ceehnology or combinaclon chereof as soon as reasonably pracclcable afCer noclce by che Commission pursuanc Co ics finding chac sueh addlcional channel capaeley is needed.

8.2 Inscicucional NeCwork SysCem

GranCee shall provide capacicy on che subscriber necwork system for an InstiCuCional necwork syscem. If Grantee determines the need for additional channel capacity or the activation of upstream ehannel capacity for its institutional network system. Grantee shall provide such additional capacity or activate any or all of such capacity either on the subscriber network system or on a separate Inscicucional neCwork sysCem upon iCs deCerminaClon ChaC such capacicy is eechnlcally and economically feasible.

8.11 ScaCus/Performance Monicoring Equipmenc

Where che bi-direecional crunk of Grancee's cable celevision syscem has been acclvaced, GranCee shall locace aucomacie sCacus/performance monicoring equipmenc aC noc fewer chan one-chird (1/3) of all crunk amplifier scacions on iCs subscriber necwork sysCem, including super Crunk amplifier scacions used Co incereonneee Grancee's hubs and headends. The sCaCus/performance monicoring sysCem shall provide a reeord indlcaclng che daCe, Clme and naCure of Che defece or faulc and, ac a minimum, be capable of Indlcaclng che Coeal loss of one or more eonerol carriers. Furchermore, Grancee shall provide monicoring equipmenc sufficienc Co ensure che reliable performance of iCs inscicucional necwork syscem.

11.2 Conscrucclon Schedule and Map

Pursuanc Co Seceion 113.1-31(0) of che Enabling Ordinance, Graneee shall, wiehin Chree (3) monchs of Che daCe


of iCs accepcance of chis Agreemenc, furnish che Commission a complece conscrucclon schedule and map. Such schedule and map shall be conslscenc wich Grancee's conscrucclon Clmecable referred Co herein which upon approval by che Commission shall be accached hereco as Exhlbic E-2 and made a pare hereof. More speeifieally, sueh eonserueelon schedule shall be sec forCh by uCillCy quarcer seccion and indicace che approxlmace amounc of plane mileage wiehin Franchise Area 4 Co be conscrucced and acclvaced on che subscriber necwork syscem on a quarcerly basis and che scheduled daces for complecion of conscrucclon of all major facllieies. GranCee's eonserueelon schedule shall be submlcced by Grancee co che Commission on forms see forCh in ExhibiC E-l. GranCee's conseruccion map shall, ac a minimum, sec foreh che locacibn of all major facllieies, crunk and supererunk lines for GranCee's subscriber syscem. Furchermore, Grancee's conscrucclon schedule and map shall be updaced whenever subscancial changes become neeessary. A subscancial change in ehe conseruccion schedule shall be deemed Co occur whenever an adjuscmene is necessary chat would result in a delay in Grantee's quarterly schedule as set forth therein. In no event shall a change in Che conscrucclon schedule ChaC would resulc in a delay inconsiscene wich GranCee's conscrucclon clmecable referred Co in Seccion 11.1 hereof be permicced excepc upon prior approval of Che Commission. In addleion, upon commencemenc of conseruccion of ics cable celevision syscem, Graneee shall, for informaeional purposes on che forms see forch in ExhibiC E-l accached hereco and made a pare hereof, nocify che Commission in wrlclng on a monchly basis of chose areas where sCrand or eable has been inscalled or where service is being provided.

15.2 Capacicy and TimeCable

Incerconnecclon of all cable celevision sysCems wiehin che ClCy shall, ae a minimum, provide adequace capacicy for one (1) ehannel including cwo (2) subcarrlers Co be delivered from each of grancees' franchise areas Co a cencral incerconnecclon faellley and four (4) channels including cwo (2) subcarrlers Co be delivered Co eaeh of grancees' franchise areas from a cencral incerconnecclon faellley. Said incerconnecclon shall be operacional wiehin one (1) year of service being delivered by any grancee Co ics flrsc subscriber. Addieional ehannel capaeley shall be Ineremencally acclvaced on an as-needed basis up Co Cwo (2) channels Co be delivered from eaeh franchise area co a cencral incerconneeeion facilicy and eighc (8) channels Co be delivered Co each franchise area from a cencral incerconneeeion facilicy; provided, however, ChaC che grancees as pare of ehe Incerconneeeion plan referred eo in Seccion 15.3 of Chis Agreemenc may submlc an alcemacive design ChaC equals or exceeds Che performance and capabllicies of Che design referred Co herein.



Graneee shall ac all cimes provide Che same channel allocaclons for ehe following channels as provided for by all grancees operaclng cable Celevision sysCems wiehin che Cicy:

A) Three (3) local orlginadon channels, noC more ehan cwo (2) of which may be alphanumeric;

B) All channels under Che conCrol of che Chicago Access Corporacion;

C) AC lease Cwo (2) leased access channels;

0) AC lease Cwo (2) local govemmenc access chaimels; and

E) All celevision broadcasc signals required Co be carried by FCC regulaclons.

Grancee, in agreemenc wich all ocher grancees operaclng cable celevision syscems wiehin Che CiCy, has escablished a sCandard ehannel allocadon as sec forch in ExhibiC F acccached hereco and made a pare hereof. This allocadon shall be binding on all sueh grancees.

17 Univer sa l Subsc r ibe r Seirvice

This seceion is noc applicable Co Franchise Area 4.


During Che Cerm of chis Agreemenc, GranCee, in cooperacion wich che ocher grancees operaclng wiehin che CiCy, shall provide for local originacion as sec forch in Exhlble G and Accachmene Gl accached hereco and made a pare hereof.


Pursuanc Co Seceion 113.1-36(A) of che Enabling Ordinance, Grancee shall dedlcace cen percene (10%) of les usable channels from cheir incepcion as access channels on iCs subscriber neCwork syscem as seC forCh in Exhlble J accached hereco and made a pare hereof. All sueh channels shall be provided Co che CAC free of charge and be under che exclusive use and eonCrol of Che CAC; provided, however, ChaC such channels are uCilized by Che CAC for non-commercial programming and purposes and wichouc any eharges by che CAC eo any subscriber or adverciser. Under no circumscances shall Grancee have Che auchorlcy or rlghc Co exercise any concrol over ehe use or operadon of such channels excepC as provided in SecCion 113.1-36(B) of che


Enabling Ordlnanee. Nelcher Grancee nor Che CAC shall be liable for che qualley or concent of programming produced or transmitted by the other.


Pursuant to Section 113.1-37 of the Enabling Ordinance, Grantee shall, in cooperation with other grantees operating vithin the City, pay directly Co ehe CAC sueh capical and operaclng paymencs as see foreh in Exhlbic J accached hereco and made a pare hereof ac Che cimes see forch chereln. The grancees for Areas 1,2,3,4, and 5. respecdvely, shall be obllgaced for a 20% pro-raea share of all eaplCal paymencs CO che CAC as see forch in Seceion 4 of ExhibiC J accached hereco and made a pare hereof. The grancees for Areas 2,3,4, and 5, respecdvely, shall be obllgaced for a 25% pro-raCa share for all non-caplCal paymencs Co ehe CAC as see forch in Secclons 2 and 3 of Exhlbic J accached hereco and made a pare hereof, recognizing chac ehe Graneee in Area 1 shall noc be obllgaced Co make non-capical paymencs Co che CAC. Sueh paymencs referred co herein shall be under che exclusive use and concrol of ehe CAC pursuanc Co the purposes and powers set forth in Sections 113.1-35 and 113.1-40 of the Enabling Ordinance and its Articles of Incorporation adopted pursuant to Section 113.1-38 of the Enabling Ordinance.

19.3 Equipment

In addition to the facilities and equipment commitments set forth in Exhibit J attached hereto and made a part hereof, Grantee shall provide, free of charge, modulators and other neeessary equipment to permit full and practical utilization from the Grantee's headend downstream, by conventional cechnical means, of each CAC channel as from cime co clme requesced by che CAC buc in no evenc earlier Chan syscem aedvacion. Furchermore, Grancee shall Insure ehae ics eable celevision syscem is conscrucced and operaced Co enable ehe CAC, aC les own coses, Co cablecase live programming from remoCe locacions wich no eharge Co ehe CAC for access Co Grancee's exiscing faeilicies suicable for such purposes ac GranCee's headend.

19.5 Recompucaeion

Commencing afcer che flfch year, ehe Clcy, upon wrlccen requesc of Che CAC, which requesC shall be no earlier Chan one hundred (120) days following conclusion of Grancee's fiscal year, shall exercise ics rlghc co inspecc Grancee's books and records and Co audic and recompuce che amounc decermlned Co be payable co che CAC as a percencage of Grancee's annual gross revenues pursuanc Co Seccion 113.1-17(0) of Che Enabling Ordinance provided ChaC Che Clcy be reimbursed by Che CAC for any coses incurred in


exercising such a righc in che evenc Graneee is noc liable for said coses. If, afCer exercising sueh a rlghc, Che City decermines chac an addlcional amounc is due che CAC, Grancee shall pay ehe CAC sueh addieional amounc wlchin chircy (30) days afcer Grancee's recelpc of noclce from che Clcy pursuanc Co SecCion 113.1-17(0) of ehe Enabling Ordinance.

19.6 Incerese

If any of che paymencs referred Co in Seccion 19.2 hereof are noc made on or before che due daCes sec forCh in ExhibiC J accached hereco and made a pare hereof, Grancee shall pay Co Che CAC from such due dace on Che amounc due and owing uncil such amounc is paid in full Che prime race of incerese effeceive as of che due dace publiely announced by Che Firsc NaCional Bank of Chicago. If an addieional amounc is due ehe CAC as a resulc of che audic referred Co in Seccion 19.5 hereof and sueh amounc is noc paid wlchin said ehlrcy (30) days afcer Grancee's receipc of noclce from che Clcy pursuanc co Seccion 113.1-17(0) of che Enabling Ordinance, Graneee shall pay eo che CAC on che amounc due and owing uncil sueh amounc is paid in full Che prime race of incerese effecclve as of such dace publicly announced by che Firsc Nadonal Bank of Chicago..

19.7 CAC/Grancee Policies and Procedures

In order Co facilieace smooch operacions and working arrangemenes becween Che CAC and GranCee and Co resolve all praccical difficulcies in che implemencacion of Grancee's commicmencs Co ehe CAC, wlehln one hundred and cwency (120) days afcer ehe effeceive dace of chis Agreemenc or such lacer dace as agreed upon by Grancee and che CAC, Grancee and che CAC shall develop wrlccen policies and procedures which shall be filed wich che Commission. Said policies and procedures shall decail Che mucual obligacions of Graneee and che CAC in a manner noc inconsiscene wich Chis Agreemenc and shall Include an acknowledgemene by Che CAC and Graneee ChaC, wich respecc Co any muCual obligacions provided for under ehls Agreemenc and che wrlccen policies and procedures Co be adopced by ehe parcies pursuanc hereco, each shall acc in a reasonable, expedlclous and cimely manner.

21.1 Descripcion

During ehe cerm of chis Agreemenc, Grantee shall provide for municipal utilization on its subscriber network system as sec foreh in Seccion X of Grancee's proposal and Exhibit H attached hereto and made a part hereof. The channels dedicaced Co Che use and concrol of che Clcy and ocher local govemmenc agencies deslgnaced by ehe Cicy as see foreh in Exhlbic U accached hereco and made a pare hereof shall be udlized for non-commercial programming and purposes and wichouc any eharges by ehe Clcy Co any subscriber. Grancee shall have no auchorlcy or concrol over any programming

- 13254 JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85

cablecase on such dedleaeed channels. All programming cablecase on such dedicaced channels shall noc be considered originacion eableeasdng for purposes of Grancee's compliance wich SecCion 76 Subparc G of Che FCC rules and regulaclons unless ocherwlse decermlned by che FCC wich respecc Co GranCee. GranCee shall have no responsibilicy under Seccion 113.1-26(0) of che Enabling Ordinance for programming cablecase on any such dedleaeed channel. Furchermore, noehlng in ehls Seccion shall be conscrued Co imply chac Grancee Is a common carrier.

21.2 Addieional Channel Capacicy

Upon demonscradon by Che Cicy of full ucillzacion of Che " channel capacicy dedicaced co ehe Cicy, Grancee shall ^ exercise iCs besC efforcs Co provide addlcional ehannel - capacicy co ehe Cicy on ics cable celevision syscem co meec

che reasonable needs of che Cicy unless Co do so would place an unreasonable economic burden on GranCee.

22.1 Descripcion

GranCee shall provide Enhanced/Oevelopmencal Services as see forch in ExhibiC I upon iCs decermlnadon ChaC sueh services are eechnlcally and economically feasible.

22.2 Fees

- Pursuanc Co SecCion 113.1-22(E) of Enabling Ordinance, Grancee shall submlc Che fees Co be charged for iCs

^' Enhanced/Oevelopmencal Services Co ehe Commission noc less *. Chan Chircy (30) days prior co any markeeing of such •'-'; services. >. - 23 Inscicucional Necwork SysCem

•1-

'; GranCee may operace and maincain a bl-direcCional ^ Inscicucional necwork sysCem in accordance wich Seccion 8.2

hereof. Furchermore. Grancee may acclvaee any pare or all of iCs inscicucional neCwork syscem upon les decerminadon Chac such acclvacion is eechnlcally and economically feasible.

26.6 GranCee SolieicaCion

AC Che cime Grancee solicics Che resldencs of an area for subscripeion of services. Grancee shall provide such resldencs a simple, buc chorough wrlccen explanaclon of all services offered, che price of such services, che parencal lock-ouc device, inscallacion procedures and privacy righcs of Che subscriber as sec foreh in Seccion 113.1-32 of che Enabling Ordlnanee and Seccion 28 of ehls Agreemenc.

In che evenc Grancee or ics agenc provides co Grancee's subscribers wriCCen program guides, such guides shall Use, ac a minimum, all non-musc carry channels carried on Grancee's cable celevision syscem and shall, co ehe excenc reasonable as decermlned<by GranCee, Use all programs carried on such channels.

29.5 Liquidaced Damages

Grancee agrees ehe following will resulc in damages Co che CiCy chac will be impracclcable or dlfflcule eo ascercaln and cherefore, agrees eo pay Co che Clcy ehe following amouncs which shall noc be considered in ehe nacure of penaldes:

d) Excepc as approved by Che Commission or ehe Council, if required, a macerial failure co provide che services see foreh or referred Co in Seccion 7 of chis Agreemenc in accordance wich che requiremenes sec forth therein, $250.00 a day for each day or part thereof that such failure continues.


Exhibit C

SUBSCRIBER SERVICES

In addition to other services Grantee may offer, Grancee shall provide on iCs lowesc-priced cier of service and Co all subscribers: cwo (2) local govemmenc access channels; all channels dedicaced Co Che CAC; all Celevision broadcasc signals required Co be carried by FCC regulaclons; cwo (2) leased access channels; and Chree (3) loeal originacion channels, noc more ehan Cwo (2) of which may be alphanumeric.

GranCee shall, in addleion, offer che following broad cacegorles of programming services which are available and meec che needs of Che subscribers: children's programming, family programming, culcural programming, educacional programming, consumer programming, echnic programming, encercalnmenc programming, music programming, spores programming, news and public affairs programming, business programming, religious programming and special incerese programming.


Exhlble D

USER DISCOUNTS

Upon acclvacion of an inscicucional necwork syscem. a discounc for govemmenc and noC-for-profie InseiCuCions shall be.escablished subjecc eo applicable regulacory approvals.


Exhlble F Seandard Channel

Cable-Channel

2 3 4 5 6 7 8 9 10 11 12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

29 30 31 32

Alloeadon

Service

WBBM L.O. - 1 CAC - I WMAQ GOV'T ACC. - 1 WLS CAC - 2 WGN LEASED ACC. - 1 WTTW WCAE - (Grancee may

use uncil such Cime as WCAE is on-air)


WDAI - (Graneee may use uncil such cime as WDAI is on-air)


WFLD


Exhlbic G

LOCAL ORIGINATION

The following local originacion plan is a jolnc efforc of all Grancees operaclng wiehin Che Cicy which commies a cocal of $6,000,000.00 CO develop local orlglnaclon programming. ExhibiC G and iCs Accachmene Gl is noc only applicable co Area 1, buC upon che accepcance of Che Franchise Agreemenc for Area 1, shall replace che ExhibiC Gs for che Franchise Agreemencs for Areas 2,3,4, and 5. Unless ocherwlse specifically scaced herein, the Grancees for Areas 1,2.3.4. and 5 (che "grancees") shall be joincly and severably liable for ehe obligacions sCaced herein.

1) Number of Channels - During Che cerm of che Agreemenc, che grancees joincly shall provide and program one (1) full-clme non-alphanumeric local originacion channel. In addleion. ehe GranCee shall provide and program cwo (2) alphanumerie local originacion channels. The Grancee may provide addieional loeal originacion channels on ics eable celevision syscem; provided, however. Chac in no evenC shall Che minimum weekly hours of non-alphanumeric programming as sec forch in Accachmene Gl be shifced from che non-alphanumeric local orlglnaclon channel Co any additional local origination channel.

2) Scaff - The grancees shall provide Che level and qualicy of scaffing necessary co develop and produce programming co fulfill cheir local originacion requiremenes.

3) Scudios and Equipmenc - The grancees shall provide in ehe year so deslgnaced and chroughouc che Cerm of che Agreemenc Che sCudlo. facllieies and equipmenc see foreh in accachmene Gl or a scudio. facllieies and equipmenc of equal or greacer performance or capabllicies,

4) Produecion - During Years 1 chrough 5. che grancees shall, ac a minimum, for Che number of hours per week see foreh in Accachmene Gl, locally produce and cablecase iCs local originacion programming (excluding access, alphanumerie or sacellice delivered services) on iCs non-alphanumeric local originacion channel. Thereafcer, for che cerm of ehe Agreemenc, che grancees shall, ae a minimum, produce and cablecase such loeal programming for ehe number of hours sec foreh in Accachmene Gl for Year 5.


ATTACHMENT Gl JOINT LOCAL ORIGINATION PROPOSAL: OF CHICAGO CABLE OPERATORS

The cable operators operaclng in Che Cicy of Chicago are commlcced co producing qualicy local orlglnaclon programming. Ic is che serong belief of chese cable operacors chac a Generalized approaeh co ehe produccion of local originacion programming is in che bese incerescs of che Clcy, che cable companies and eable subscribers. Ic is also che belief of chese operacors chac loeal orlglnaelon. programming should supplemenc, buC noc duplicace, che other locally produced programming that is available on the operators' cable syscems.; Besides local originacion programming, che ocher ;requiremenes imposed upon Che operacors for locally produced programming are in ehe areas of public, govemmenc and commercial or leased access. While public access is under che concrol of Che Chicago Access Corporacion (CAC), govemmenc access under che concrol of che Clcy, and commercial or leased access under Che concrol of Chird parcies, loeal originacion falls solely under che eonCrol of ehe cable operacor and/or iCs eoncraecors.

Ic is noc che incene of I ehe eable operacors co compece wich or duplicace programming produced by Che CAC, che Clcy or commercial access users. ,Inscead che operacors wane Co complimenc chese ocher forms of loeal programming with programs that are non-dupllcatlve, able to fill the void not filled by other local programs and able to attract and retain cable subscribers. The cable operators are jointly committing $6,000,000.00 to underwrite their local origination efforts in Chicago.

With these objectives in mind, the Chicago cable operators propose the following joint local origination proposal:

1. LOCAL ORIGINATION CHANNELS During the term of the Agreement, the cable operators will jointly provide one full-time non-alphanumeric loeal origination channel. In addition, the individual operators in Areas 1,2,3,4, and 5 will be responsible for programming two alphanumerie loeal origination channels for each franchise area.

2. STAFF During the term of the Agreement, the cable operators will provide the level and quality of technical, engineering, programming and administrative staff necessary to develop and produce programming to fulfill their local originacion requiremenes.


LOCAL TALENT The combined local originacion efforc for Areas 1,2,3,4 and 5 will include subscancial efforcs by Che eable operacors Co ucllize and develop local Calenc for local originacion purposes. In addleion, Che use of full-dme and pare-Clme incemshlp programs for loeal resldencs should increase ehe local resldencs pocencial for employmenc as demand requires. Through chelr combined local orlglnaelon efforcs, che eable operacors will seek Co eseablish ongoing relacionshlps wich loeal high schools, colleges, and oCher educacional inscicucions for an accessible pool of individuals wich an incerese in local originacion.

PRODUCTION During Years 1 chrough 5, ehe cable operacors will joincly provide, aC a minimum, che number of hours per week sec forCh below co locally produce and cablecase chelr local originacion programming (excluding access, alphanumeric, or sacellice delivered services) on che non-alphanumeric local orlglnaclon ehannel.

Hours of Produccion

' Y r . 1 >•

Yr. 2

Yr. 3

Yr. 4

Yr. 5

9

12

15

20

20

Thereafcer, Che cable operacors will aC a minimum, produce and cablecase 20 hours per week of local programming. The cable operacors will expend Che necessary amounc of funds wlchin chelr $6,000,000.00 overall local originacion commicmenc Co produce che above seaCed hours per week of qualiCy local orlglnaclon.

For purposes of chis local originacion proposal. Year 1 will commence on ehe first anniversary of the delivery of service to all the franchise areas or upon che second anniversary of che delivery of service Co any one franchise area, whichever occurs flrsc



Under chis jolnC local originacion plan, che cable operacors will Joincly provide a cencrallzed local orlglnaclon scudio facilicy and mobile equipmenc. This cencral facilicy and accompanying equipmenc will be in place prior Co che Year 1 erlggerlng dace so chac che operacors can meec chelr local originacion commitments on schedule. The central facility will be of sufficient square footage to house all necessary directly-related facilities sueh as: editing, preparation, storage, and control room areas as well as related office areas required for local origination programming production purposes. The following pages detail the types of facilities and equipment proposed for a central local origination studio, mobile equipment, post-production facility, screening facility, master concrol and cencral malncenance faeilicies. The esdmaeed cose of ehe facllieies and equipmenc is $1,200,000.00 and Che ancicipaced coses of leasehold improvemencs is $300,000.00.

2/4/85 REPORTS .;0F COMMTTTEES 13263

MAIN STUDIO

Feacuring qualicy cameras from Hlcachl, Sony 1" and 3/4" video Cape machines, discrece producClon/posC-produeclon areas, versacile eleccronlc graphics, professional qualicy audio, video and lighclng supporc and a film chain for high qualicy cransfer Co vldeocape of slides, super 8mm and 16mm film.



FP 60's

3

3

3

3

KlOX 15RW-1

C1205

BVH 2000/02

BVT 2000

BKH 2100

BK 800

BVE 800

BK 8072

BKH 2015

BK 2014

1470 •

Series 21

1600 IL

P4/H2/RH

528

1420

465 DM44

5722R513

Hieachi 3 Tube Scudio Cameras wich 1 inch Saclcon Tubes (each including) a. HP-60 Camera head b. VM-702 7" viewfinder e. C-1205 SO' camera cable d. A404 1 H verelcal enhancer e. CCU-60 Camera concrol uniC f. ROP-60 Remoce panel g. C-1103 30' ROP cable

Fujlnon 10:1 15-150mm Fl.S Lenses

50' camera cables

Sony type "C" Helical videotape recorder/editors

Sony Time Base Correctors

NTSC plug-in boards


Sony video tape editor controller

Sony interfaces

Plug-in reader/generators

Cabinets

Tektronix sync generator


Grass Valley special effaces generacor/ produccion switcher





Conrac high resolution eolor 52540 monitors

2/4/85 REPORTS; OF COMMTTTEES 13265^

Production Equipment for Local Origination Studio (continued)

TCI209/04 RCA dual 9" blaek & white monitors

Q7 Quanta Character Generator

12B Quancum audio board

LoC Dynair video and audio DAS

4305 Zelmark film cabin (with accessories)

075 Crown audio amplifier

Lot RTS intercom

Lot Miscellaneous audio

a. wierophone b . c a r t machine e . l e a s s e t t e machine d. open r e e l Cape deck e . ; cu rncab le

1 Loe Berkey Colorcran lighcs (50 by 60)

1 Loc Inscallacion Pares and labor to Include: a. Project engineering b.• Technical Services c. Drafting


MULTI-CAMERA VAN

Featuring versatile portable cameras with studio vlewfinders, 3/4" video tape machines, and a microprocessor controlled production swiechlng syscem.



QUANTITY

3

3

1

2

1

1

1

1

1

1

1

1

1

5

3

DESCRIPTION

Poreable color cameras w/14:l zoom lenses 300' camera cable, remoce operacions panels and seudlo vlewfinders


Microprocessor concrolled produccion swlccher

17" color monieors

Engineering Monlcor

Waveform monlcor

Veccorscope


Time base correceor

Complimenc of cime code equipmenc

Synchronizing generacor


Audio console

Video discribucion amplifiers


MANUFACTURER 1 |i

Hieachi • 't

Qulcksec

i

Echo-Lab

Vldeocek

tekcronlx

. J

Tekcronlx 1

Tekcronlx

Sony

Diglcal Video

Sony

Tekcronlx

Qtianca

ISI

Shlneron

Sigma

MODEL

SK-81

2000, Hercules

Seg-3

VM17R

650HR

528

1420

BVU-800

Phaser

1470

Q-7A

1002

AD 105






WV5352

1

6

2

1

Audio Speaker

9" black and whice monicors

12 X 1 roucing swlcchers

Syscem of assorced microphones

Panasonic

Lenco

Eleccro-Volce

Vehicle includes:

Cueaway van chassis All heavy duCy opcions Air eondidoning Cuscom-builc consoles: 6.5 KW Generacor Roof Cop camera plaCform

Including all cables, conneccors and assorced iCems.

2/4/85 REPORTS OF. COMMTTTEES 13269


Capable of providing broadcasc qualicy field produccion. eaeh syscem feacures che Broadcasc Saclcon Hieachi FP-40, and O'Connor cripod and head, and a full complimenc of field produccion audio/video equipmenc. Each EFP syscem will provide produccion capabllicy eo macch any local celevision scaCion.


ELECTRONIC FIELD PRODUCTION SYSTEMS Each of Che 3 Eleccronlc Field Produecion SysCems conCains che following equipmenc.


Poreable color camera wich broadcasc saclcon Cubes and complece supporc accessories

MANUFACTURER

Hieachi

MODEL

FP40SS

2

2

2

1

1

1

Cannon 13:1 zoom lens wleh 2X excender

Quick charger




Lighclng kic

Claw ball cripod

Time code generacor


Poreable 3/4" VTR

Bacceries for VTR




Headsec

Poreable monlcor wich charger

Cannon

Hieachi

Hlcachl

Cannon

Cine 60

Lowell

O'Connor

Sony

O'Connor

Sony

Sony.

Eleeero-Voiee

Sony

Sony

Koss

JVC

J13X9B1E

QC40

DH40

SCK-13

SGK9127FC

TC-94

Regular

50-D, QRP

4800

BP60

EV-635A

ECM50PS

MX650

Pro 4AA

TM41AV, AAP-41AV

Assorced eables, conneccors and cases Co configure syscem for poreable Indoor/oucdoor use.



A 3/4" ediclng syscem, capable of dissolving one caped source inco anoeher and recording on yeC a chird machine, is che main componene of che A/B Roll PosC-Producdon Facilicy.

This highly sophiseieaced pose-producdon facilicy feacures che Convergence ediclng sysCem for complece keyboard concrolled ediclng and special effaces. IC also includes facllieies for eleccronlc graphics, and audio inpucs from a CurnCable ;;or audio casseece. This facilicy Is fully capable of providing scace-;6f-che-arc 3/4" posc-produccion of field and/or sCudio fooCage.

13272- JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85

3/4 INCH A/B ROLL,POST-PRODUCTION FACILITY

QUANTITY

1

2

1

1

1

1

1

1

1

1

1

1

2

1

1

I

DESCRIPTION

3/4" Playback





Audio Console

Audio Equalizer

Tumcable

Waveform MoniCor

Veccorscope

10 X 1 Swlccher


Dual 9" Monicors


Graphics GeneraCor

Synehronizing Generacor wich TesC Signals

MANUFACTURER

Sony

Sony

ADDA

Convergence

Technics

Sony

Shure

Technics

Tekcronlx

Tekcronlx

3M.

Eleeero-Voiee

Panasonic

Vikeocek

1 • •

Quanea

Tekcronlx

MODEL

5800

5850

AC-20

ECS-103C

RSM-65

MX-650

SR-170

SC-1200 MKII

528

1420

101

EV-635A

WV-5302

VM-15PR0

Q7A

1470 .

2/4/85 REPORTS: OF COMMTTTEES 13273

3/4 Inch A/B Roll Posc-Produccion Facilicy (conclnued)

1 Audio Amplifier

1 Speaker

1 Edldng Console

1 Loc Misc. Cables, Conneccors and Rackmouncs co Configure Facilicy


SCREENING FACILITY

This screening facilicy consiscs of a 3/4" player equipped wich search capabllicy. a remoCe concrol. scene seleecion and edlc preparadon. a 17" color monitor/receiver, time code reader and console. It will allow producers, directors and others to screen raw foocage and compleced segmencs, as well as review compleced shows. Use of chis facilicy can greacly Improve che qualicy of work and enhance productivity.


SCREENING FACILITY

QUANTITY

1

1

1

1

DESCRIPTION

3/4" Player

Remoce Concrol

17" Monleor/Reeelver

Time Code Reader

Includes all Conneccors CO Configure Screening , Room.

MANUFACTURER

Sony

Sony

Vldeoeek

ESE

MODEL

5000

RM

VM17



The MasCer Concrol FaelllCy would serve Che need for playback of vldeocape macerlals. Ic feacures full compucer concrol, graphics inserdon capabllicy for channel ideneificadon during program hours and much more.



QUANTITY

4

2

4

2

2

1

1

DESCRIPTION

Playback Vldeoeape Machines


B&W Monicors 9"

Waveform Monicors

Veccorscopes



MANUFACTURER

Sony

Mierocime

Panasonic

Tekcronlx

Tekcronlx

DlTech

Video Daca




Color Monicors/ w/Audio

Time Code Readers

Modulacors for Feeding L.O. onco che Cable System

Broadcast Eleccronics

JBL

Vldeocek

ESE

MODEL

VP5000

T-120

WV5352

528A

1420

Pace 2000

Cuscom

2100P

7130

RM15R

Cuscom

Indues all eables, conneccors ineerfaces and consoles.



The Cencral Video Malncenance Facilicy will efficiencly provide for the repair and maintenance of all video and studio equipmenc which we have included in our proposal. The malncenance sCaff will use che full compllmencs of scadonary and poreable cesc equipmenc and cools ehae are housed in chis facilicy. One newly feacured piece of poreable cescing equipmenc is che Tekcronlx 380 NTSC Cesc monlcor. This unlc incorporaces che funcclons of a waveform monlcor. veccorscope and an oscilloscope. Chus enabling che user .Co examine che encire video signal. Engineers will cravel wherever necessary for rouclne malncenance. inscrucdon. and eroubleshoodng.

In llghc of che sophisclcaeion of che proposed faeilicies. chis cencrallzed malncenance and repair syscem is che mosc effecclve, cosc-efficlenc and reliable approach.




1 Full Tesc Waveform MoniCor

MANUFACTURER

Tekcronlx

Portable Oscilloscope Tektronix with Digital Multl-Mecer




NTSC Signal Generacor Tekcronlx wich Mulclple Opcions

MODEL

1480

465 DM44

520

485

380


1

3

1

1

2


Service Mascer Tool Kics

Accaehe Tool Sec


Diglcal VOMS

Vldeocek

Xcelice

ComprehensIve

Leader

B-K

VM12PR0

99SMW

TCIOOST

LDC-822

2810



ExhibiC H MUNICIPAL UTILIZATION


1. Channel Commicmencs - GranCee shall provide, free of eharge, cwo (2) local govemmenc access channels on iCs subscriber necwork syscem for ehe exclusive use and conCrol of che Cicy and ocher local govemmenc agencies deslgnaced by Che Cicy. Said channels shall be admlnlscered by che Cicy.

2. Service Ouclees - Pursuanc and; in addleion co Seceion 113.1-26(C) of Che Enabling Ordinance, Grancee shall provide, free of charge, one service ouclec for regular subscriber service Co each of ehe Inscleuclons and such ocher buildings used for governmencal purposes as may be deslgnaced by Che Cicy in areas which are passed by Grancee's subscriber necwork syscem.

3. Access Co GranCee's Facilities - Grantee shail permit the City and other local government agencies designated by the City to use its studio, facilities and equipment for municipal access programming. Grantee shall also provide direct audio and video feed capability between the municipal access studios and facilities and its cable celevision syscem.

4. SCaff - During ehe Cerm of chis Agreemenc. GranCee shall provide, ae a minimum, for one (l) full-clme skilled employee Co scaff che municipal access scudios and facllieies. operace such scudios and facllieies, and ereace, produce and cablecase qualicy municipal access programming under ehe direceion of che Cley. Said employee shall work during ehe hours and aC Che sices deslgnaced by Che CiCy and be compecenc. cralned, and knowledgeable in all aspeccs of cable Celevision produccion and programming.

5. Municipal Cable Access Capical Reserve - Wiehin ninecy (90) days of che effecclve dace of Che Agreement, Grantee, in cooperation with the other grantees operating within the City, shall set aside $200,000.00 for che eseablishmenc of a $1,000,000.00 Municipal Cable Access Capical Reserve. Such Reserve shall be escablished for developing and providing municipal access scudios, faeilicies and equipmenc Upon recelpc of a wrlccen sCaeemene by che CiCy decalling che scudios, facllieies and/or equipmenc Co be provided and che Cime frames for providing) such scudios. faeilicies and/or equipmenc, Graneee in a cimely manner shall provide in eooperadon wich ehe ocher grancees operaclng wlchin che CiCy sueh seudios. facllieies and/or equipmenc from said Reserve as requesCed by che Cicy.


6. Municipal Cable Access Malncenance Fund - Commencing one (1) year afcer che effecclve dace of che Agreemenc. Grancee shall provide $10,000.00 co che CiCy as requesced on an annual basis for che malncenance and operadon of Che municipal access seudios, faeilicies and equipmenc escablished pursuanc Co Seccion 5 of chis ExhibiC.


Exhlbic I , ENHANCED/DEVELOPMENTAL" SERVICES

Grancee shall provide che Enhaneed/Developmencal Services sec forch below or such ocher Enhanced/Developmencal Services iC deems approprlace upon iCs decerminadon ehae sueh services are eechnlcally and economically feasible:

1. Dow Jones Texe Recrleval: as seC forCh in Seccion XI-1(1-2) of Grancee's proposal.

2. Videocexe as sec foreh in Seceion XI-1(2) of Grancee's proposal.

3. Four (4) one-way pay-per-view channels as sec forch in SecCion XI-l(l) of Grancee's proposal. '

4. Energy managemene as sec forch in Seccion XI-1(2) of Grancee's proposal.

5. Two-way pay-per-view, inscruedonal serlvces, opinion polling/subscriber response and securicy services as see foreh in Seccion XI-1(3-5) of Grancee's proposal.

6. Shop-ac-home as sec forCh'in Seccion XI-3(l-2) of Grancee's proposal.

7. Bank-aC-home as seC forch'in SecCion XI-3(3) of GranCee's proposal.


Exhlbic J CHICAGO ACCESS CORPORATION


Grancee shall dedlcace cen percene (10%) of che channels on ics subscriber neCwork syscem. free of charge, as access channels for ehe exelusive use and concrol by che Chicago Access Corporacion (CAC) pursuanc Co Seceion 19.1 of the Agreemenc.

2. Payment of Operating Expenses

Grancee, in cooperacion wich ocher grancees operaclng vichin che Cicy ("che grancees") shall as sec forch in 19.2 of che Agreemenc provide ehe CAC Che amounc of $3,250,000.00 for operaclng or ocher expenses or coses co be paid chircy (30) days afcer che effecclve dace of ehe Agreemenc* Thereafcer, as seC forCh in Seccion 19.2 of che Agreemenc, Che grancees shall provide ehe CAC che amounc of $3,000,000.00 for operaclng or ocher expenses or coses Co be paid in yearly inscallmencs of $1,000,000.00 commencing cwo (2) years and chircy (30) days after che effective date of the Agreement.

3. Percentage of Annual Gross Revenues

In addition to the payments set forth above, the grantees, as set forth In Section 19.2 of the Agreement, shall on a quarterly basis, commencing the sixth year after the effective date of the Agreement and for the term of the Agreement pay to the CAC one percent (1%) of the city-wide annual gross revenues received, up to an annual maximum of $1,000,000.00. The grantees shall commence such payments within thirty (30) days after the end of the first fiscal quarter following the fifth anniversary of che effecclve dace of che Agreemenc by filing a financial scacemene clearly showing cicy-wide gross revenues received up Co che end of said fiscal quarcer and slmuleaneously cendering such quarcerly percencage paymenc co che CAC. Thereafcer, che grancees shall file wiehin chircy (30) days afcer eaeh subsequenc fiscal quarcer, a financial scacemene clearly showing che cicy-wide gross revenues received during the preceding quarter and shall simultaneously tender pa 'ment of the quarterly percentage payment as calculated; provided, however, that the grantees shall adjust the fourth fiscal quarter percentage payment to reflect the proper balance due for the fiscal year; provided, further, that in the event

* Solely for purposes of calculating che time periods for paymencs required by Chis Exhlbic J, Che "effecclve dace of Che Agreemenc" shall mean che effecclve dace of che Agreemenc for Franchise Area 1.


ehe grancees conduce an audiC, Che grancees may adjusc paymencs due Che CAC as a resulc of said audic for che prior fiscal year wlchin one hundred cwency (120) days afcer che conclusion of said fiscal year wichouc penalcy or incerese on such adjuscmene. Commencing ehe cwelfch year afcer ehe effective date of the Agreemenc and for ehe Cerm of che Agreemenc, Che granCees shall provide addlcional paymencs co Che CAC as follows: che grancees shall pay co che CAC one-half percene (%%) of chac amounc of cicy-wide annual revenues which exceeds $150,000,000.00 buc is not greater than $199,999,999.00 and the grancees shall pay co che CAC one-quarcer percene (k%) of c.hac amounc of cicy-wide annual revenues which exceeds $200,000,000.00 buC is noc greacer Chan $250,000,000.00.

4. Firsc Inscance CaplCal Funding

The grancees shall provide che CAC che amount of $250,000.00 to be paid one hundred eighty (180) days after the effective date of the Agreement. In addition, the grantees shall provide the CAC with one (1) mobile van' which has a value of $500,000.00. Sueh van shall be provided one hundred eighty (180) days after the effective date of the Agreement and such van shall become the responsibility of the CAC.

In addition, the grantees shall provide the CAC the amount of $200,000.00 to be paid one (1) year and thirty (30) days after the effective date of the Agreement and $200,000.00 to be paid two (2) years and thirty (30) days after the effective date of the Agreement.

Thereafter, commencing four (4) years and thirty (30) days after the effective date of the Agreement, the grantees shall provide the CAC with a fund for maintenance, upgrading and replacement of facilities and equipment. Sueh fund shall be established in an amount of $250,000.00 during the fifth year and maintained at a maximum level of $100,000.00 for each year thereafter for the term of the Agreement. Sueh funds shall be established for the CAC pursuant to the purposes and powers set forth in this Agreement and in Sections 113.1-35 and 113.1-40 of the Enabling Ordinance and its Articles of Incorporation adopted pursuant to Section 113.1-38 of the Enabling Ordinance.

The facilities and equipment fund may be drawn down from such funds by the CAC for the purposes set forth herein on an annual basis up to the maximum annual funding levels established in this Section. Unused funds shall not accumulate or roll over from year to subsequent year within the term of this Agreement as said facilities and equipment funds have been established to meet the projected needs of the CAC on an annual basis. Disagreements or disputes regarding disbursements from the facilities and equipment fund shall be referred to the Commission for resolution.


5. Other Assistance

Grantee shall cooperate with the CAC's liaison to Grantee to faeilitace ehe mucual obllgacions of che Grancee and che CAC provided for under chis Agreemenc and/or che wrlccen policies and procedures Co be adopCed by ehe parcies pursuanc hereco.

GranCee shall inelude approprlace designacion of CAC's channels on channel cards provided eo subscribers. Furcher, Grancee shall provide a liscing of said channels and programming on Grancee's celevlsed alphanumerie program guide if such a guide is ucllized by Crancee and such a liscing is economically feasible.

SECTION 2: SecCion 7 of Che Agreemenc shall also be amended by

adding che following seeClon:


Nocwichscanding any oCher provisions of ehls Agreemenc and excepc as provided herein, GranCee shall noC be required Co provide services Co subscribers by rewiring buildings already wired for a eompecing ceehnology so as co allow che resldencs of said building Co receive non-broadcasc video services. Upon che requesc of any landlord or any condominium or Cenanc assoclaelon of any building already wired for a compecing Ceehnology, Graneee, in a cimely manner conslscenc wich che conscrucclon schedule referred Co in Seceion 11.2 of Chis Agreemenc, shall undercake a good faich efforc including such pre-markeeing and pre-conserueeion design aeelvleles as may be necessary in order Co ascercaln che economic vlabilicy of providing cable celevision service eo said building. Upon complecion of ics ascercainmene, Grancee shall Inform ehe person who made such requesc of Che resules of said ascercainmene Where ehe resules of said ascercainmene demonscrace che economic vlabilicy of said building, GranCee shall provide service in accordance wich che conseruccion schedule referred Co in Seceion 11.2 of ehls Agreemenc. Where che resules of said ascercainmene fall Co demonscrace ehe economic vlabilicy of said building, GranCee shall provide a wrlccen explanaclon of Che resules of said ascercainmene Co che person vho inicially requesced said ascercainmene


Amending Agreemenc as sec forch above shall be effeceive and binding on che

ClCy and che Graneee if, and only if, ehere is an accepcance of che Area 1

franchise agreemenc by Communicacions and Cable of Chicago, Inc. pursuanc


Co Seccion 113.1-55(A) of Che Chicago Cable Communicacions Ordinance,

Chapeer 113.1 of che Municipal Code of Che Cicy of Chicago.

SECTION 4: The parcies hereby agree ChaC Che amendmencs sec foreh

in Secclons 1 and 2 of chis Amending Agreemenc consdCuCe all che

amendmencs Chac Che Grancee is enCiCled Co pursuanc Co SecCion 3 of che

Grandng Ordlnanee daCed February 15, 1984.

In wicness whereof, che parcies have caused chis Agreemenc Co be

execuced by Cheir respeccive, duly auchorized agencs or officers as of ehe

day and year sec forCh below.

Cicy of Chicago

Dace Harold Washingcon, Mayor


Grancee

Corporacion Counsel


AMENDING AGREEMENT

This Amending Agreemenc made and execuCed Chis day of

1985, by and becween ,che CiCy of Chicago (Che "Cicy") and Scellar

Conelnencal Cable. Inc. (che "Grancee"):

WITNESSETH

WHEREAS, afcer eonducCing public hearings affording Che public a

reasonable opporeunicy Co commenC Chereon. Che Clcy Council on

February 15, 1984 in a Grandng Ordinance daced February 15. 1984 approved

and adopced che franchise agreemencs for Franchise Areas 2. 3. 4 and 5 and

granCed non-exclusive franchises Co conscrucC. insCall. maincain and

operaCe cable communicacions sysCems in said Franchise Areas Co Group W

Cable Associaces of Norch Cencral Chicago, Group W Cable Associaces of

Norch Wese Chicago, Chicago Cable Communicacions and Scellar Conelnencal

Cable, Inc., respecdvely; and

WHEREAS, Seceion 3 of Che Grandng Ordinance provides:

"Thae in approving and adopelng said franchise agreemencs Che Cicy Council agrees Chac in ehe evenc a subsequenc franchise is awarded on cerms or condlcions more favorable Chan Chose awarded Co grancees in Franchise Areas 2, 3, 4 and 5 which are noc based on commicmencs see foreh in ehe grancees' or applicancs' respeccive franchise proposals, Chen ehe grancees in Franchise Areas 2, 3, 4 and 5 shall be encicled Co any such similar Cerms and condlcions by approprlace amendmenc of Chelr respeccive franchise agreemencs"; and

WHEREAS, The CiCy Council has awarded a subsequenc franchise Co

Communieacions and Cable of Chicago, Inc., che grancee in Franchise Area 1,

on cerms and condlcions more favorable Chan chose awarded Co grancees in

Franchise Areas 2, 3, 4 and 5 which are noC based on commicmencs see forch

in ehe grancees' respeceive franchise proposals; and


WHEREAS, pursuanc Co Seceion 3 of che Grandng Ordinance, che grancees

in Franchise Areas 2, 3, 4 and 5 are encicled Co such favorable Cerms and

condlcions by approprlace amendmenc Co chelr respeccive franchise

agreemencs.

NOW, THEREFORE, in consideracion of Che above, Che parcies hereby

agree as follows:

SECTION 1; Secclons 1(E), 4.4,. 6.1, 7.1, 7.5. 7.6. 8.1. 8.2. 8.11,

11.2, 15.2, 16,1, 17, 18, 19,1, 19.2, 19.3, 19.5, 19.6, 19.7, 21.1, 21.2,

22.1, 22.2, 23, 26.6, 26.10, and 29.5(d) and ExhibiCs C, D, F, G, H, I and

J of che Franchise Agreemenc becween ehe CiCy and ehe Graneee daCed

March 16, 1984 (che "Agreemenc") shall be amended by subsciCucing che

following cherefor:

1 Deflnieions

E. "Major OuCage" means chac simulCaneous loss of service (i.e., cocal loss of signals on any cable of Grancee's subscriber necwork syscem) occurs Co five hundred (500) or more subscribers.



6.1 Amounc

Pursuanc Co Che Cerms and condlcions see forch in Seceion 113.1-19 of Che Enabling Ordinance, Che amounc of Che leccer of credlc shall be five hundred chousand dollars ($500,000.00); provided, however, Chac che amounc of Che leccer of credlc shall be Chree hundred sevenCy five Chousand dollars ($375,000.00) per franchise area if ehe Graneee or ICs afflliaces parelcipaCes in Cwo of ehe Cicy's franchise areas; provided, furcher, ChaC Che amounc of Che leCCer of credlc shall be chree hundred flfcy Chousand dollars ($350,000.00)' per franchise area if Che GranCee or iCs afflliaces parcicipaces in chree of che Cicy's franchise areas.



GranCee shall provide Co subscribers Che broad cacegorles of programming services see forCh in ExhibiC C accached hereco and made a pare hereof. Graneee shall have che auchorlcy and rlghc Co change che monchly subscriber fees for all such services upon ehlrcy (30) days prior wriCCen noclce Co che Commission and Che subscribers affecced Chereby. Sueh auchorlcy and righc of Grancee Co change said monchly subscriber fees shall exisc uncil such clme as Che Cicy exercises ics rlghc Co eseablish procedures for Che review of subscriber races pursuanc Co Seccion 113.1-21(E) of che Enabling Ordinance.

7.5 No Incerference WlCh Service

If Che Commission fails, if required, Co approve a requesc by Graneee Co increase che fees charged for ics services or eo decrease che services or channels offered or if Che Council, pursuanc Co SecCion 113.1-21 fails, if required, Co approve GranCee's pecicion for a change in ics fee schedule^ GranCee shall noc deny, delay, incerrupe or Cermlnaee any of iCs services because such requescs or peciClons were denied.

7.6 ExCra-Long Drops

If Che insealladon of a service ouCleC requires an aerial drop in excess of one hundred fifCy (150) feeC or an underground drop in excess of seventy-five (75) feet. Grantee may charge the subscriber an amount that is equal to the costs of clme and macerlals in accordance wich indusery scandards for ChaC porcion of che drop in excess of one hundred fifcy (150) feec or seveney-five (75) feec, respecdvely. GranCee shall provide che subscriber a wrlccen escimace of ehe coses of inscalling an excra-long drop and obcain such subscriber's wrlccen consenc prior Co any inscallacion of such drop; provided, however, chac GranCee may require an advance paymenc of sueh coses from such subscriber as a condicion of performing che requesced inscallacion.

8.1 Subscriber Necwork Syscem

GranCee shall conscruce a subscriber necwork sysCem ucilizing one crunk and one feeder cable, providing a minimum upper limic bandwidch of 550 MHz wiCh reCurn Cransmission paChs, which shall be capable of cransmlcclng eighCy-Cwo (82) channels downscream and four (4) channels upscream in accordance wich: che design sec forch in Seeclon VI of Grancee's proposal nocwichscanding Che upper limic bandwidch or number of eables referred Co chereln. Sueh sysCem shall be designed and conscrucced as a 550 MHz syscem wich 550 MHz high capaciCy passives Co provide a minimum of


eighcy-cwo (82) channels downscream and four (4) channels upscream and Inicially be accivaeed ac a minimum upper limic bandwidch of 450 MKz providing a minimum of sixCy (60) channels downscream, acclvaced upon inicaClon of service Co subscribers. Grancee shall expand Che inicial channel capacicy of such sysCem as soon as 550 MHz ceehnology has been reasonably perfeeced co ensure high performance and qualicy Chroughouc Che discribucion necwork syscem and as soon as reasonably pracclcable afcer noclce by che Commission pursuanc Co iCs finding ChaC sueh addieional channel capacicy is needed. GranCee may also ucllize an alcemacive ceehnology or a combinacion of alcemacive eechnologles co provide cable service Co subscribers; provided, however. ChaC said alcemacive ceehnology or combinacion chereof provides a minumum of flfCy-four (54) non-broadcasc channels downscream. acclvaced upon iniciaeion of service Co subscribers. When ie is eeehnieally and economically feasible. Grancee shall expand che Inicial capacicy of chose porcions of ies eable celevision syscem ucilizing an alcemacive ceehnology or combinacion chereof as soon as reasonably pracclcable afcer noclce by che Commission pursuanc Co ies.finding ChaC such addieional channel capaclCy is needed.

8.2 Insdeudonal Necwork Syscem

GranCee shall provide capacicy on ehe subscriber necwork sysCem for an Insdeudonal neCwork syscem. If Graneee decermines ehe need for addieional channel capacicy or che aedvadon of upscream ehannel capacicy for iCs Insdeudonal neCwork syscem. Graneee shall provide sueh addieional capacicy or acclvaee any or all of sueh capacicy elcher on Che subscriber neCwork sysCem or on a separace inscicucional necwork sysCem upon iCs decerminadon ehae sueh capacicy is eechnlcally and economically feasible.

8.11 ScaCus/Performance Monicoring Equipmenc

Where ehe bi-direcCional crunk of Grancee's eable celevision syscem has been aedvaeed. GranCee shall locace aucomacie scacus/performance monicoring equipmenc aC noC fewer Chan one-chird (1/3) of all Crunk amplifier sCaCions on iCs subscriber necwork sysCem, including super crunk amplifier scacions used Co incereonneee Grancee's hubs and headends. The scaCus/performance monicoring syscem shall provide a record Indlcaclng che daCe, Clme and nacure of che defece or faulc and. aC a minimum, be capable of indlcaclng ehe coCal loss of one or more concrol carriers. Furchermore. Grancee shall provide monicoring equipmenc sufficienc Co ensure ehe reliable performance of iCs Inscicucional neCwork sysCem.

11.2 Conseruccion Schedule and Map

Pursuanc Co SecCion 113.1-31(0) of Che Enabling Ordinance. Crancee shall, wiehin Chree (3) monchs of che date


of its acceptance of this Agreement, furnish the Commission a complete construction schedule and map. Such schedule and map shall be consistent with Grantee's construction Clmecable referred co herein which upon approval by che Commission shall be accached hereco as ExhibiC E-2 and made a pare hereof. More specifically, such conscrucclon schedule shall be sec foreh, by uCiliCy quarcer seccion and indicace che approxlmace;; amounc of plane mileage wlchin Franchise Area 5 Co be consCrucCed and acclvaced on che subscriber necwork syscemi on a quarcerly basis and Che scheduled daces for complecion of conscrucclon of all major faeilicies. Grancee's conseruccion schedule shall be submitted by Grantee to ehe Commission on forms see foreh in ExhibiC E-l. GranCee's conscrucclon map shall, ac a minimum, seC forCh Che IbcaCion of all major faeilicies. crunk and supererunk lines for GranCee's subscriber syscem. Furchermore. Grancee's conscrucclon schedule and map shall be updaced whenever subscancial changes become necessary. A subscancial change in ehe eonsCrucClon schedule shall be deemed Co occur whenever an adjuscmene is necessary chaC would resulc in a delay in Grancee's quarcerly schedule as see foreh chereln. In no evenc shall a change in Che conseruccion schedule Chac would resulc in a delay inconsiscene wich Grancee's conscrucclon clmecable referred Co in Seceion 11.1 hereof I be permicced excepc upon prior approval of che Commission^, In addleion.. upon commencemenc of conscrucclon of iCs eable Celevision syscem, Graneee shall, for informaeional purposes on che forms sec forch in ExhibiC E-l accached hereco and made a pare hereof, nocify Che Commission in wrlclng on a monchly basis of chose areas where sCrand or eable has| been inscalled or where service is being provided.

15.2 Capacicy and TimeCable

Incerconnecclon of all cable celevision sysCems wiehin Che CiCy shall, ac a minimum, provide adequaCe capaeley for one (1) channel including Cwo (2) subcarrlers eo be delivered from each of granCees' franchise areas Co a cencral Incerconneeeion faellley and four (4) channels including cwo (2) subcarrlers Co be delivered Co eaeh of grancees' franchise areas from a cenCral Incerconnecclon facilicy. Said incerconnecclon shall be operacional wiehin one (1) year of service being delivered by any grancee Co iCs firsC subscriber. Addieional channel capaeley shall be IncremenCally acclvaced on an as-needed basis up Co Cwo (2) channels eo be delivered; from each franchise area Co a cencral incerconneeeion facilicy and eighc (8) channels Co be delivered Co each franchise area from a central Interconnection facility; provided, however, that the grancees as pare of ehe Incerconnecclon plan referred Co in Seceion 15.3 of Chis Agreemenc may submic an alcemacive design Chac equals or exceeds Che performance and capabllicies of Che design referred Co herein.



Graneee shall aC all cimes provide che same channel allocaclons for ehe following channels as provided for by all grancees operaclng cable celevision syscems wiehin che CiCy:

A) Three (3) local originacion channels, noC more Chan Cwo (2) of which may be alphanumerie;

B) All channels under che concrol of Che Chicago Access Corporacion;

C) AC lease Cwo (2) leased access channels;

0) Ac lease cwo (2) local govemmenc access channels; and

E) All celevision broadcasc signals required CO be carried by FCC regulaclons.

GranCee, in agreemenc wich all oCher grancees operaelng cable celevision syscems wiehin che Cicy, has escablished a seandard channel allocadon as see forch in ExhibiC F acccached hereto and made a pare hereof. This allocaclon shall be binding on all sueh grancees.

17 Universal Subscriber Servlee

This seceion is noc applieable Co Franchise Area 5.


During che Cerm of chis Agreemenc, GranCee, in cooperacion wleh che ocher grancees operaclng wlchin ehe Cicy, shall provide for local originacion as see forch in ExhibiC G and Accachmene Gl attached hereco and made a pare hereof.


Pursuanc Co SecCion 113.1-36(A) of ehe Enabling Ordinance, Grancee shall dedlcace Cen percene (10%) of ies usable channels from cheir incepcion as access channels on iCs subscriber neCwork syscem as sec forCh in ExhibiC J accached hereco and made a pare hereof. All such channels shall be provided eo Che CAC free of charge and be under che exclusive use and concrol of Che CAC; provided, however, ChaC such channels are uCilized by Che CAC for non-commercial programming and purposes and wichouC any eharges by che CAC co any subscriber or adverciser. Under no circumscances shall Grahcee have Che auChoriCy or righC Co exercise any concrol over Che use or operadon of such channels excepc as provideld in Seceion 113.1-36(8) of ehe


Enabling Ordinance. Nelcher Grancee nor che CAC shall be liable for Che quallCy or concene of programming produced or Cransmicced by ehe ocher.

19.2 Paymencs and ConCribuClons

Pursuanc Co SecCion 113.1-37 of Che Enabling Ordinance, Grancee shall, in cooperacion wich ocher grancees operaclng wiehin che Cicy. pay dlreecly Co che CAC sueh capical and operaclng paymencs as see foreh in ExhibiC J aCCached hereco and made a pare hereof ae che Cimes see forch chereln. The grancees for Areas 1,2.3,4, and 5. respecdvely. shall be obligated' for a 20% pro-raea share of- all capical paymencs CO Che CAC as sec forch in Secdon 4 of ExhibiC J aCCached hereCo and made a pare hereof. The grancees for Areas 2.3,4, and 5, respecdvely. shall be obllgaced for a 25% pro-raCa share for all non-caplCal paymencs Co Che CAC as see forch In Secdons 2 and 3 of ExhibiC J aCCached hereCo and made a pare hereof, recognizing ehae ehe Graneee in Area 1 shall noC be obllgaced Co make non-capical paymencs Co che CAC. Such paymencs referred Co herein shall be under che exclusive use and concrol of ehe CAC pursuanc Co che purposes and powers see forch in Secclons 113.1-35 and 113.1-40 of ehe Enabling Ordinance and iCs Arcicles of Incorporaclon adopced pursuanc Co Seccion 113.1-38 of che Enabling Ordinance.

19.3 Equipmenc

In addleion co Che facllieies and equipmenc commicmencs sec foreh in ExhibiC J accached hereCo and made a pare hereof. Crancee shall provide, free of charge, modulacors and ocher necessary equipmenc Co permic full and praccical udlizacion from ehe Grancee's headend downscream. by conveneional Cechnical means, of each CAC channel as from clme Co clme requesced by che CAC buc in no evenC earlier ehan syscem acclvacion. Furchermore. GranCee shall insure Chac ies cable celevision syscem is conscrucced and operaced Co enable Che CAC, aC iCs ovn eosCs, Co cablecase live programming from remoce locacions wiCh no eharge Co Che CAC for access Co Grancee's exiscing facllieies suicable for such purposes aC Grancee's headend.

19.5 RecompuCaCion

Commencing afCer ehe fifch year, Che CiCy, upon wriCCen requesc of Che CAC, which requesc shall be no earlier ehan one hundred (120) days following conclusion of Grancee's fiscal year, shall exercise ies righc Co inspecc Grancee's books and records and Co audic and recompuce ehe amounc decermlned Co be payable eo Che CAC as a percencage of Grancee's annual gross revenues pursuanc Co Seceion 113.1-17(0) of Che Enabling Ordinance provided ChaC che Cicy be reimbursed by che CAC for any coses incurred in


exercising sueh a righc in Che evenc Graneee is noc liable for said cosCs. If. afCer exercising such a rlghc. che CiCy decermines Chac an addieional amounc is due che CAC. Grancee shall pay Che CAC such addidonal amounc wiehin chircy (30) days afCer Grancee's receipc of noclce from Che CiCy pursuanc Co Seceion 113.1-17(0) of che Enabling Ordinance.

19.6 Incerese

If any of Che paymencs referred Co in SecCion 19.2 hereof are noC made on or before che due daces sec forCh in ExhibiC J aCCached hereCo and made a pare hereof. Grancee shall pay Co Che CAC from such due dace on ehe amounc due and owing uncil such amounc is paid in full Che prime race of incerese effecclve as of Che due dace publicly announced by ehe FirsC NaCional Bank of Chicago, If an addieional amounc is due Che CAC as a resulc of ehe audic referred co in Seccion 19.5 hereof and sueh amounc is noc paid wiehin said chircy (30) days afcer Grancee's receipC of hoCiee from che Clcy pursuanc Co SecCion 113.1-17(0) of Che Enabling Ordinance. Grancee shall pay co che CAC on che amounc due and owing uncil sueh amounc is paid in ifull Che prime race of incerese effeceive as of such dace publiely announced by Che Firsc NaCional Bank of Chicago.

19.7 CAC/GranCee Policies and Procedures

In order Co facilieace smooeh operacions and working arrangemenes becween Che CAC and Grancee and co resolve all praccical dlfflculcles in ehe implemencacion of Grancee's commicmencs Co Che CAC. wiehin one hundred and Cwency (120) days afcer Che effeceive date of this Agreement or such later dace as agreed upon by'Graneee and che CAC, Graneee and Che CAC shall develop wriccen policies and procedures which shall be filed wich ehe Commission. Said policies and procedures shall decail Che mucual obllgacions of GranCee and Che CAC in a manner noc inconsiscene wich ehls Agreemenc and shall include an acknowledgemene by che CAC and Graneee Chac, wich respecc Co any muCual obligacions provided for under Chis Agreemenc and che wriCCen policies and procedures to be adopCed by Che parcies ;;pursuanc hereCo, each shall acc in a reasonable, expedlclous;and cimely manner.

21.1 Descripcion

During che Cerm of chis Agreemenc, Graneee shall provide for municipal ucillzacion on iCs.subscriber necwork syscem as sec forch in Seccion X of GranCee's proposal and ExhibiC H accached hereco and made a pare hereof. The channels dedicaced eo che use and concrol of che Clcy and ocher local govemmenc agencies designated by ehe Cley as see foreh in Exhlbic H accached hereco and made a pare hereof shall be udlized for non-commercial programming and purposes and wichouc any charges by che CiCy Co any subscriber. GranCee shall have no auChoriCy or eonCrol over any programming


cablecase on such dedleaeed channels. All programming cablecase on such dedicaced channels shall noc be considered originacion cablecascing for purposes ot GranCee's compliance wich SecCion 76 Subparc G of ehe FCC rules and regulaclons unless ocherwlse decermlned by che FCC wich respecc Co Grancee. Grancee shall have no responsibilicy under Seccion 113.1-26(0) of che Enabling Ordinance for programming cablecase on any such dedicaced channel. Furchermore, noehlng in chis Seeclon shall be conscrued Co Imply chac Graneee is a common carrier.

21,2 Addieional Channel CapaclCy

Upon demonsCraclon by Che Cicy of full udlizacion of ehe channel capacicy dedicaced co che CiCy, Grancee shall exercise ies bese efforcs Co provide addieional ehannel capaeley Co Che ClCy on iCs eable celevision syscem co meeC Che reasonable needs of Che CiCy unless Co do so would place an unreasonable economic burden on Grancee.

22.1 Descripcion

Graneee shall provide Enhanced/Oevelopmencal Services as see forch in Exhlbic I upon iCs decerminadon ehae such services are eechnlcally and economically feasible.

22.2 Fees

Pursuanc Co Seceion 113.1-22(E) of Enabling Ordinance, GranCee shall submic che fees Co be charged for ics Enhanced/Oevelopmencal Services Co Che Commission noc less Chan Chircy (30) days prior co any markeeing of such services.

23 Insdeudonal Necwork SysCem

Graneee may operace and maincain a bi-direcCional Inscicucional necwork syscem in accordance wich Seeclon 8.2 hereof. Furchermore, GranCee may aedvace any pare or all of iCs Inscicucional necwork syscem upon ics decerminadon ehae such acclvacion is eechnlcally and economically feasible.

26.6 Grancee SoliciCaCion

Ac Che cime GranCee solicics che resldencs of an area for subscripeion of services, Grancee shall provide such resldencs a simple, buC chorough wriccen explanaclon of all services offered, Che price of such services, che parencal lock-ouc device, inscallacion procedures and privacy righcs of che subscriber as sec foreh in Seceion 113.1-32 of ehe Enabling Ordinance and Seccion 28 of Chis Agreemenc



In Che evenc Graneee or ics: agenc provides Co Grancee's subscribers wrlccen program guides, such guides shall lisC. ac a minimum, all non-musc carry channels carried on GranCee's eable CelevisionisysCem and shall. Co Che excenc reasonable as decermlned by GranCee, llsC all programs carried on such channels,

29,5 Liquidaced Damages

GranCee agrees Che following will resulc in damages Co Che CiCy ChaC will be impracclcable or dlfflcule Co ascercaln and Cherefore, agrees Co pay Co che CiCy ehe following amounCs which shall noc be!considered in Che nacure of penaldes:

d) Excepc as approved:by Che Commission or che Council, if required, a maCerial failure Co provide che services see foreh or referred Co in Seccion 7 of' Chis Agreemenc in accordance wleh Che requiremenes see forch Chereln, $250,00 a;day for eaeh day or pare Chereof ChaC such:failure concinues.


Exhlble C

SUBSCRIBER SERVICES

In addleion Co ocher services Grancee may offer, GranCee shall provide on ics lowesc-prlced cier of service and eo all subscribers: Cwo (2) local govemmenc access channels; all channels dedlcaCed Co Che CAC; all Celevision broadcasc signals required Co be carried by FCC regulaclons; Cwo (2) leased access channels; and chree (3) local orlginadon channels, noC more ehan cwo (2) of which may be alphanumerie,

GranCee shall, in addleion, offer Che following broad cacegorles of programming services which are available and meec che needs of Che subscribers: children's programming, family programming, culcural programming, educacional programming, consumer programming, echnic programming, encercalnmenc programming, music programming, spores programming, news and publle affairs programming, business programming, religious programming and special inCeresC programming.


Exhlbic D

USER DISCOUNTS

Upon acclvacion of an inscicucional necwork syscem. a discounc for govemmenc and noe-for-profic InseiCuCions shall be escablished subjecc Co applicable regulacory approvals.


ExhibiC F Seandard Channel

Cable-

2 3 4 5 6 7 8 9 10 11 12

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

29 30 31 32

-Channel

Allocadon

Servlee

WBBM L.O. - 1 CAC - 1 WMAQ GOV'T ACC. - 1 WLS CAC - 2 WGN LEASED ACC. - 1 WTTW WCAE - (Grancee may

use unCil such clme as WCAE is on-air)

CAC - 3 FAA FAA FAA CAC - 4 L,0. - 2/WSNS CAC - 5 WYCC CAC - 6 WCFC GOV'T ACC. - 2 LEASED ACC. - 2 WFBN WCIU

WDAI - (Graneee may use undl sueh cime as WDAI is on-air)


WFLD

13300 JOURNAL-CTTY COIJNCIL-CfflCAGO 2/4/85

Exhlble G

LOCAL ORIGINATION

The following local originacion plan is a joine efforc of all Grancees operaclng wiehin ehe Cicy which commies a Cocal of $6,000,000.00 Co develop local orlginadon programming, ExhibiC G and ics Accachmene Gl is noC only applicable Co Area 1, buC upon Che accepcance of Che Franchise Agreemenc for Area 1. shall replace che ExhibiC Gs for che Franchise Agreemencs for Areas 2.3.4. and 5. Unless ocherwlse specifically sCaced herein, che Grancees for Areas 1,2,3.4, and 5 (che "grancees") shall be Joincly and severably liable for Che obligacions sCaced herein.

1) Number of Channels - During ehe Cerm of che Agreemenc. Che grancees joincly shall provide and program one (1) full-clme non-alphanumeric loeal originacion channel. In addleion, che Grancee shall provide and program cwo (2) alphanumeric loeal originacion channels. The Grancee may provide addieional loeal originacion channels on ics eable celevision syscem; provided. however. ChaC in no evenc shall ehe minimum weekly hours of non-alphanumeric programming as see forCh in Accachmene Gl be shifced from ehe non-alphanumeric local originacion ehannel Co any addieional loeal originacion ehannel.

2) Scaff - The grancees shall provide ehe level and qualicy of scaffing necessary Co develop and produce programming Co fulfill Chelr local originacion requiremenes.

3) Scudios and Equipmenc - The granCees shall provide in Che year so deslgnaced and Chroughouc Che Cerm of che Agreemenc Che seudlo. faeilicies and equipmenc sec forch in aCCachmenC Gl or a scudio, faeilicies and equipmenc of equal or greacer performance or capabllicies.

4) Produccion - During Years 1 Chrough 5. Che grancees shall, ac a minimum, for ehe number of hours per week sec forch in Accachmene Gl. loeally produce and cablecase ics local originacion programming (excluding access, alphanumerie or sacellice delivered services) on iCs non-alphanumeric local originacion channel. Thereafcer. for che Cerm of ehe Agreemenc. Che grancees shall, ac a minimum, produce and cablecase such loeal programming for Che number of hours sec forCh in ACCachmenC Gl for Year 5.

2/4/85 REPORTS OF: COMMTTTEES 13301

ATTACHMENT Gl' JOINT LOCAL ORIGINATION PROPOSAL OF CHICAGO CABLE OPERATORS

The cable operaCors operaclng in che CiCy of Chicago are commlcced Co producing qualley loeal originacion programming. Ic is ehe serong belief of chese eable operators that a centralized approach to the produccion of local origination programming is in the best incerescs of che Cicy, che cable companies and cable subscribers. Ie is also Che belief of chese operacors Chac loeal orlglnaelon programming should supplemenc, buc noC duplicace, che ocher locally produced programming chac is available on Che operators' cable syscems. Besides local originacion programming, Che ocher requiremenes imposed upon che operacors for locally produced programming are in Che areas of public, govemmenc and cpmmereial or leased access. While public access is under Che concrol of ehe Chicago Access Corporacion (CAC), govemmenc access under Che concrol of che Cicy, and commercial or leased access under Che concrol of chird parcies, local originacion falls solely under che conCrol of ehe cable operacor and/or iCs concraccors.

Ic is noC Che intene of che' cable operacors Co compece wich or duplicace programming produced by ehe CAC, che CiCy or commercial access users. Inscead Che operacors wane to compliment these other forms of local programming with programs that are non-duplicative, able to fill the void not filled by other loeal programs and able to attract and retain cable subscribers. The eable operators are jointly committing $6,000,000.00 to: underwrite their local origination efforcs in Chicago.

Wich chese objeccives in mind, Che Chicago cable operacors propose Che following joint local origination proposal:

1. LOCAL ORIGINATION CHANNELS During the term of che Agreemenc, Che cable operacors will joincly provide one full-Cime non-alphanumeric local orlglnaclon channel. In addleion, che individual operacors in Areas 1,2,3,4, and 5 will be responsible for programming Cwo alphanumerie local orlglnaclon channels for each franchise area;

2. STAFF During che Cerm of Che Agreemenc, Che cable operacors will provide ehe level and qualicy of Cechnical, engineering, programming and adminiscracive sCaff neeessary Co develop and produce programming Co fulfill Cheir local originacion requiremenes.


3. LOCAL TALENT The combined local orlginadon efforc for Areas 1,2,3,4 and 5 will include subscancial efforcs by Che cable operacors co uCilize and develop loeal calenc for local originacion purposes. In addleion, Che use of full-cime and pare-Clme incemshlp programs for local resldencs should Increase ehe local residence pocencial for employmenc as demand requires. Through chelr combined local orlginadon efforcs, Che cable operacors will seek eo eseablish ongoing relacionshlps wleh local high schools, colleges, and ocher educacional InseiCuCions for an accessible pool of individuals wlCh an incerese in local originacion.

4. PRODUCTION During Years 1 chrough 5. Che cable operacors will joincly provide, aC a minimum, Che number of hours per week seC forCh below Co loeally produce and cablecase chelr local originacion programming (excluding access, alphanumeric, or sacellice delivered services) on ehe non-alphanumeric local orlglnaclon channel.

Hours of Produccion

*Yr. 1

Yr. 2

Yr. 3

Yr. 4

Yr. 5

9

12

15

20

20

Thereafcer, che cable operacors will aC a minimum, produce and cablecase 20 hours per week of local programming. The cable operacors will expend che necessary amounc of funds wiehin Cheir $6,000,000.00 overall loeal orlginadon commicmenc Co produce Che above scaced hours per week of qualiCy loeal orlglnaclon.

For purposes of chis local orlglnaclon proposal. Year 1 will commence on ehe firsc anniversary of che delivery of service Co all Che. franchise areas or upon ehe second anniversary of ehe delivery of service Co any one franchise area, whichever occurs firsc



Under chis joinC local orlginadon plan, che cable operacors will Joincly provide a cencrallzed local originacion sCudio facilicy and mobile equipmenc. This cencral facilicy and accompanying equipmenc will be in place prior eo Che Year 1 erlggerlng date so that the operators can meet their local origination commitments on schedule. The central faellley will be of sufficienc square fooCage Co house all necessary direccly-relaCed facllieies sueh as: ediclng, preparadon, sCorage. and concrol room areas as well as relaced office areas required for local orlglnaclon programming produccion purposes. The following pages decail che Cypes of faeilicies and equipmenc proposed for a cencral local originacion scudio. mobile equipmenc. posc-produccion facilicy, screening facilicy, mascer concrol and cencral maintenance facilities. The esdmaeed cose of ehe facllieies and equipmenc is $1,200,000.00 and ehe ancicipaced coses of leasehold Improvemencs is $300,000.00.


MAIN STUDIO

Feacuring qualicy cameras from Hlcachl, Sony 1" and 3/4" video cape machines, discrece produceion/posc-produeclon areas, versacile eleccronlc graphics, professional qualicy audio, video and lighclng supporc and a film chain for high qualicy cransfer Co vldeocape of slides, super 8mm and 16mm film.



FP 60's

KlOX 15RW-1

C1205

BVH 2000/02

BVT 2000

BKH 2100

BK 800

BVE 800

BK 8072

BKH 2015

BK 2014

1470

Series 21

1600 IL

P4/H2/RH

528

1420

465 DM44

5722R513

Hieachi 3 Tube Scudio Cameras wich 1 inch Saclcon Tubes (eaeh including) a. HP-60 Camera head b. VM-702 7" viewfinder e. C-1205 50' camera cable d. A404 1 H verelcal enhancer e. CCU-60 Camera concrol uniC f. ROP-60 Remoce panel g. 0- 1103 30' ROP cable

:

Fujinon 10:1 15-150mm Fl.S Lenses

50' camera eables

Sony cype "C" Helical vldeoeape recorder/edicors

•: I

Sony Time: Base Correccors

NTSC pliig-ln boards


Sony video cape edicor concroller

Sony ineerfaces


Cabinecs



Grass Valley special effects generator/ production switcher





Conrac high resolution eolor 52540 monitors


Production Equipmenc for Local Originacion Scudio (conclnued)

TCI209/04

Q7

12B

Loc

4305

075

Loc

Loc

Loc

Loc

RCA dual 9" black & whice monicors

Quanea Characcer Generacor

Quancum audio board

Dynair video and audio DAS

Zelmark film cabin (wleh accessories)

Crown audio amplifier

RTS incercom

Miscellaneous audio

a. microphone b. care machine c. casseece machine d. open reel Cape deck e. curncable

Berkey Colorcran lighcs (50 by 60)

Inscallacion Pares and labor co include: a. Projeec engineering b. Technical Services e. Orafcing


MULTI-CAMERA VAN

Feacuring versacile poreable cameras wich scudio vlewfinders, 3/4" video Cape machines, and a microprocessor concrolled produccion swiechlng syscem.

13308 JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85^



Poreable color cameras w/14:l zoom lenses 300' camera cable, remoce operacions panels and scudio vlewfinders

Hlcachl SK-81


Qulcksec 2000. Hercules

1

2

Microprocessor concrolled produecion swlccher

17" eolor monieors

Engineering Monlcor

Waveform monlcor

Veccorscope


Time base correceor

Complimenc of Cime code equipmenc

Synehronizing generacor


Audio console

Video discribucion amplifiers

Audio dlscribucion amplifiers

Echo-Lab

Vldeocek

Tekcronlx

Tekcronlx

Tekcronlx

Sony

Diglcal Video

Sony

Tekcronlx

Quanea

ISI

Shlneron

Sigma

Seg-3

VM17R

650HR

528

1420

BVU-800

Phaser

1470

Q-7A

1002

AD 105


2/4/85 REPORTS! OF- COMMTTTEES 13309




1 Audio Speaker

6 9" black and whice Panasonic WV5352 monieors

•i'.' •'•

2 12 X 1 roucing swlcchers Lenco

1 Syscem of assorced Eleccro-Voice microphones

Vehicle includes:

Cueaway van chassis All heavy ducy opcions Air condicioning Cuscom-builc consoleis 6.5 KW Generacor i Roof cop camera plaCform

Including all eables. connectors and assorted items.

13310 J O U R N A L T - C T T Y COUNCIL-CfflCAGO 2/4/85


Capable of providing broadcast quality field production, each system features the Broadcast Saticon Hieachi FP-40. and O'Connor cripod and head, and a full complimenc of field produccion audio/video equipmenc. Each EFP syscem will provide produccion capabllicy Co macch any local Celevision sCaCion.

2/4/85. REPORTS OF COMMTTTEES 13311.

ELECTRONIC FIELD PRODUCTION SYSTEMS Eaeh of che 3 Eleccronlc Field Produccion Syscems eoncains ehe following equipmenc.


Poreable color camera Hieachi wich broadcasc saclcon Cubes and complece supporc accessories

Cannon 13:1 zoom lens Cannon wich 2X excender

FP40SS

J13X9B1E

2

2

2

1

1

1

Quick charger




Lighclng kic

Claw ball cripod

Time code generacor


Poreable 3/4" VTR

Bacceries for VTR




Headsec

Poreable moniCor wich charger

Hlcachl

Hieachi

Cannon

Cine 60

Lowell

O'Connor

Sony

O'Connor

Sony

Sony

Eleccro-Voice

Sony

Sony

Koss

JVC

QC40

DH40

SCK-13

SGK9127FC

TC-94

Regular

50-D. QRP

4800

BP60

EV-635A

ECMSOPS

MX650

Pro 4AA

TM41AV, AAP-41AV

Assorced cables, conneccors and eases Co configure syscem for poreable indoor/oucdoor use.

13312. JOURNAL-CTTY COUNCIL-CfflCAGO 2/4/85


A 3/4" ediclng sysCem, capable of dissolving one caped source inCo anoeher and recording on yec a chird'machine, is che main componene of che A/B Roll Posc-Producdon Facilicy.

This highly sophisclcaced posc-produccion facilicy feacures che Convergence ediclng syscem for complece keyboard concrolled ediclng and special effeces. Ie also includes faeilicies for eleccronlc graphics, and audio InpuCs from a cumcable or audio casseece. This facilicy Is fully capable of providing scace-of-Che-arC 3/4" posc-produccion of field and/or sCudio foocage.

2/4/85 REPORTS:OF COMMTTTEES 13313


QUANTITY

1

2

1

1

1

1

1

1

1

1

1

1

2

1

1

1

DESCRIPTION

3/4" Playback




Audio Casseece Maenine

Audio Console

Audio Equalizer

Tumcable

Waveform MoniCor

Veccorscope

10 X 1 Swlccher


Dual 9" Monicors


Graphics Generacor

Synchronizing Generacor wich Tesc Signals

MANUFACTURER

Sony

Sony

ADDA

Convergence

.r.

Technics

Sony

Shure

Technics

Tekcronlx

Tekcronlx

3M ;

Eleccro-Voice

Panasonic

Vldeocek

Quanea

Tekcronlx

MODEL

5800

5850

AC-20

ECS-103C

RSM-65

MX-650

SR-170

SC-1200 MKII

528.

1420

101

EV-635A

WV-5302

VM-15PR0

Q7A

1470


3/4 Inch A/B Roll PosC-Produecion FaelllCy (conclnued)

1 Audio Amplifier

1 Speaker

1 Ediclng Console

1 Loc Misc. Cables, Conneccors and Rackmouncs Co Configure. Facilicy


SCREENING FACILITY

This screening facilicy consiscs of a 3/4" player equipped wich search capabllicy, a remoce concrol, scene seleecion and edlc preparadon, a 17" color monlcor/recelver, cime code reader and console. Ie will allow producers, dlreccors and ochers Co screen raw fooeage and compleced segmencs. as well as review compleced shows. Use of Chis facilicy can greacly Improve ehe qualicy of work and enhance produecivley.


SCREENING FACILITY

QUANTITY

1

1

1

1

DESCRIPTION

3/4" Player

Remoce Concrol

17" Monicor/Receiver

Time Code Reader

Includes all Conneccors CO Configure Screening Room.

MANUFACTURER

Sony

Sony

Vldeocek

ESE

MODEL

5000

RM

VM17



The Mascer Concrol Facilicy would serve ehe need for playbaek of vldeoeape macerlals. Ic feacures full compucer concrol. graphics inserdon capabllicy for channel idenclficaclon during program hours and much more.



QUANTIT

4

2

4

2

2

1

1

•Y DESCRIPTION



B&W Monicors 9"

Waveform Monicors

Veccorscopes



MANUFACTURER

Sony

Mierocime

Panasonic

Tekcronlx

Tekcronlx

DlTech

Video Daca


Aucomacie Audio Concrols


Color Monicors/ w/Audio

Time Code Readers

Modulacors for Feeding L.O. onco Che Cable Syscem


JBL

Vldeocek

ESE

MODEL

VP5000

T-120

WV5352

528A

1420

Pace 2000

Cuscom

2100P

7130

RM15R

Cuscom




The Cencral Video Malncenance Facilicy will efficiencly provide for che repair and malncenance of all video and scudio equipmenc which we have included in our proposal. The malncenance scaff will use che full compllmencs of scadonary and poreable cesc equipmenc and cools chac are housed in chis facillCy. One newly feacured piece of poreable Cescing equipmenc is che Tekcronlx 380 NTSC Cesc moniCor. This unlc Incorporaces che funcclons of a waveform monlcor. veccorscope and an oscilloscope, chus enabling che user Co examine Che encire video signal. Engineers will cravel wherever necessary for rouclne malncenance, inscruccion, and eroubleshoodng.:

In llghc of Che sophisclcaeion of Che proposed faeilicies, chis cencrallzed malncenance and repair syscem is che mosc effeceive, cosc-efficiene and reliable approach.




1 Full Tesc Waveform MoniCor

MANUFACTURER

Tekcronlx

Poreable Oscilloscope Tekcronlx wleh Diglcal MulCi-MeCer



Poreable Combinaclon Tekcronlx Waveform, Veccorscope Oscilloscope UniC

NTSC Signal Generacor Tekcronlx wleh Mulclple Opcions

MODEL

1480

465 DM44

520

485

380


1

3

1

1

2

Engineering Color Monlcor

Service Mascer Tool Kics

Accaehe Tool See


Diglcal VOMS

Vldeoeek

Xcelice 1,

Comprehensive

Leader

• B-K

VM12PR0

99SMW

TCIOOST

LDC-822

2810

Includes all assorced cools and cesc equipmenc CO equip Che video malncenance shop.


ExhibiC H MUNICIPAL UTILIZATION


1. Channel Commicmencs - GranCee shall provide, free of charge, cwo (2) local government access channels on iCs subscriber necwork system for the exclusive use and control of the City and other local govemmenc agencies deslgnaced by Che CiCy. Said channels shall be admlnlscered by che CiCy.

2. Service Ouclees - Pursuanc and in addleion Co SecCion 113.1-26(0) of Che Enabling Ordinance, Grancee shall provide, free of charge, one service ouclec for regular subscriber service Co each of che InseiCuCions and such ocher buildings uaed for governmencal purposes as may be deslgnaced by Che Cicy in areas which are passed by GranCee's subscriber necwork sysCem.

3. Access Co GranCee's Facllieies - Graneee shall permic Che Cicy and oCher local govemmenc agencies deslgnaced by che ClCy Co use Ics scudio, facllieies and equipmenc for municipal access programming. GranCee shall also provide direce audio and: video feed capabllicy beCween Che municipal access seudios and faeilicies and iCs cable Celevision syscem.;

4. SCaff - During ehe Cerm of chis Agreemenc, Grancee shall provide, ae a minimum, for one (1) full-cime skilled employee Co sCaff ehe municipal access seudios and facllieies. operace such scudios and facllieies. and creaCe. produce and cablecase qualicy municipal access programming under che direceion of Che CiCy. Said employee shall work during Che hours and at the sites designated by the City and be competent, trained. and knowledgeable in all aspects of cable television production and programming.

5. Municipal Cable Access Capital Reserve - Within ninety (90) days of the effective date of the Agreement. GranCee. in cooperacion wich Che ocher granCees operaclng wiehin ehe CiCy. shall sec aside $200,000.00 for Che eseablishmenc of a $1,000,000.00 Municipal Cable Access CaplCal Reserve. Such Reserve shall be escablished for developing and providing municipal access seudios, facllieies and equipmenc. Upon recelpC of a wrlccen sCaCemenc by Che CiCy decalling che scudios, faeilicies and/or equipmenc Co be provided and che Cime frames for providing sueh sCudios, facllieies and/or equipmenc, Graneee in a Cimely manner shall provide in cooperacion wich Che ocher grancees operaclng wlchin ehe Cicy such scudios, faeilicies and/or equipmenc from said Reserve as requesced by Che Cicy.


Municipal Cable Access Malncenance Fund - Commencing one (1) year afcer che effeceive dace of ehe Agreemenc, Graneee shall provide $10,000.00 Co che Cicy as requesced on an annual basis for Che malncenance and operadon of che municipal access scudios, facllieies and equipmenc established pursuant to Section 5 of this Exhlbic.


Exhlble I ENHANCED/DEVELOPMENTAL SERVICES

GranCee shall provide Che Enhanced/Oevelopmencal Services see forch below or such ocher Enhanced/Oevelopmencal Services iC deems approprlace upon les decerminadon chac such services are eechnlcally and economically feasible:

1. InceracC, InceracC Plus, Securicy Services, Playcable, Dow Jones. Daca Recrleval, Reucers IDR, and TeleneC as seC forCh in SecCion XI-I of Grancee's proposal.


Exhlble J CHICAGO ACCESS CORPORATION

1, Channel Commicmencs

Grancee shall dedlcace Cen percenC (10%) of che channels on ics subscriber necwork sysCem. free of charge, as access channels for Che exclusive use and eonCrol by che Chicago Access Corporacion (CAC) pursuanc Co Seceion 19,1 of ehe Agreemenc.


Grancee. in cooperacion wich ocher grancees operaelng wiehin Che Cicy ("che grancees")- shall as seC forCh in 19.2 of Che Agreemenc provide ehe CAC Che amounc of $3,250,000.00 for operaclng or ocher expenses or cosCs Co be paid ChirCy (30) days afcer ehe effeceive dace of ehe Agreemenc* Thereafcer. as seC forCh in Seeclon 19.2 of Che Agreemenc. Che grancees shall provide Che CAC ehe amounc of $3,000,000.00 for operaclng or oCher expenses or coses Co be paid in yearly inscallmencs of $1,000,000.00 commencing cwo (2) years and ChirCy (30) days afCer Che effecclve dace of Che Agreemenc.

3; Percencage of Annual Gross Revenues

In addleion Co che paymencs see foreh above, ehe grancees, as sec forch in SecCion 19.2 of ehe Agreemenc, shall on a quarcerly basis, commencing Che slxch year afcer che effecclve daCe of Che Agreemiene and for Che Cerm of che Agreemenc pay Co Che CAC one percenC (1%) of che cicy-wide annual gross revenues received, up Co an annual maximum of $1,000,000.00. The grancees shall commence such paymencs wiehin Chircy (30) days aftier ehe end of ehe firsc fiscal quarcer following ehe fifth anniversary of the effective date of the Agreement by filing a financial scacemene clearly showing cicy-wide, gross revenues received up Co ehe end of said fiscal quarcer and slmuleaneously cendering such quarcerly percencage paymenc Co che CAC. Thereafcer. ehe grancees shall file wiehin Chircy (30) days afcer eaeh subsequenc fiscal quarCer. a financial scacemene elearly showing Che eicy-wide gross revenues received during Che preceding quarcer and shall slmuleaneously cender paymenc of Che quarcerly percencage pa3rmenC as calculaced; provided, however, chac che grancees shall adjusc che fourch fiscal quarcer percencage paymenc Co reflecc Che proper balance due for ehe fiscal year; provided, furcher. ChaC in che evenc

* Solely for purposes of calculating ehe clme periods for paymencs required by Chis Exhlbic J. Che "effeceive dace of Che Agreemenc" shall mean ehe effecclve dace of Che Agreemenc for Franchise Area 1.


ehe grancees conduce an audic, Che grancees may adjusc paymencs due ehe CAC as a. resulC of said audiC for Che prior fiscal year wiehin one huhilred Cwency (120) days afcer che conclusion of said fiscal year wichouc penalcy or InCeresC on such adjuscmene. Commencing che cwelfch year after the effective date of the Agreeoient and for the term of the Agreement, the grantees shall provide additional payments co Che CAC as follows: Che grancees shall pay Co ehe CAC one-half percene (%%) of chac amount of city-wide annual revenues which exceeds $150,000,000.00 but is noc greacer Chan $199,999,999.00 and Che grancees shall pay eo ehe CAC one-quarcer percene 0(%) of ChaC amounc of cicy-wide annual revenues which exceeds $200,000,000.00 buc is noc greacer Chan $250,000,000,00,

4. FirsC Inscance Capital Funding

The grantees shall provide the CAC the amounc of $250,000.00 Co be paid one hundred eighey (180) days afcer ehe effecclve daCe of ehe Agreemenc In addleion, Che grancees shall provide che CAC wich one (1) mobile van which has a value of $500,000.00. Such van shall be provided one hundred eighey (180) days afCer che effecclve dace of che Agreemenc and sueh van shall become che responsibilicy of che CAC.

In addleion. ehe grancees shall provide ehe CAC ehe amounc of $200,000.00 CO be paid' one (1) year and chircy (30) days afcer che effecclve dace of Che Agreemenc and $200,000.00 Co be paid cwo (2) years and ChirCy (30) days afcer che effecclve dace of Che Agreemenc.

Thereafcer, commencing four:(4) years and chircy (30) days afcer che effecclve daCe of ehe Agreemenc, che grancees shall provide Che CAC wich a fund for malncenance, upgrading and replacemenc of facilldes and equipmenc Such fund shall be escablished in an amounc of $250,000.00 during Che fifch year and maincalned aC a maximum level of $100,000.00 for each year chereafcer for che cerm of ehe Agreemenc. Such funds shall be escablished for Che CAC pursuanc Co che purposes and powers seC forCh in Chis Agreemenc and in Secclons 113.1-35 and 113.1-40 of Che Enabling Ordinance and ics Arcicles of Ineorporadon adopced pursuanc Co Seccion 113.1-38 of che Enabling Ordinance.

The faeilicies and equipmenc fund may be drawn down from such funds by Che CAC for che purposes see foreh herein on an annual basis up Co Che maximum annual funding levels escablished in chis Seccion, Unused funds shall noc accumulace or roll over from year Co subsequenc year wiehin Che Cerm of chis Agreemenc as said faeilicies and equipmenc funds have been escablished' Co meeC Che proJeeCed needs of che CAC on an annual basis., Disagreemencs or dispuces regarding disbursemenes from che facllieies and equipmenc fund shall be referred Co Che Commission for resolucion.


5. Ocher Assiseance \

Grancee shall cooperaCe>wich ehe CAC's liaison Co Graneee Co faeilicace Che mutual obligacions of che Grantee and the CAC provided for under this Agreement and/or the written policies and procedures; to be adopted by the parties pursuant hereto.

Grantee shall Include'appropriate designacion of CAC's channels on channel cards provided Co subscribers. Furcher. Grancee shall provide a liscing of said channels and programming on Grancee's celevlsed alphanumeric program guide if such a guide is uCilized by GranCee and such a liscing is economically feasible.

SECTION 2: Seccion 7 of che Agreemenc shall also be amended by

adding Che following section:


Nocwichscanding any ocher provisions of chis Agreemenc and exeepc as provided herein. GranCee shall noc be required Co provide services Co subscribers by rewiring buildings already wired for a compecing ceehnology so as eo allow che resldencs of said building Co receive non-broadcasC video services. Upon che requesc of any landlord or any condominium or cenanc assoeladon of any building already wired for a eompecing Ceehnology. GranCee. in a cimely manner conslsCenC with the construedon schedule referred Co in SecCion 11.2 of ChisHAgreemenc. shall undercake a good faich efforc including sueh pre-markeeing and pre-consCrucClon design acCiviCies as may be necessary in order Co ascercaln che economic vlabilicy of providing cable Celevision service CP|;said building. Upon complecion of iCs ascercainmene, Graneee shall inform che person who made such requesc of che results of said ascertainmene. Where Che resules of said ascercainmene demonscrace Che economic vlabilicy of said building, Grancee shall provide service in accordance wich Che conscrucclon schedule referred Co in Seceion 11.2 of Chis ijAgreemenC. Where che resules of said ascercainmene fail Cojdemonscrace ehe economic vlabilicy of said building. Grancee shall provide a wrlccen explanaclon of Che resules of said ascercainmene Co che person who inicially requesCed said ascercainmene.

SECTION 3; The cerms and condlcions of Secclons 1 and 2 of Chis

Amending Agreemenc as sec forCh above shall be effecclve and binding on Che

Cicy and che Grancee if. and only if, ehere is an accepcance of Che Area 1

franchise agreemenc by Communicacions and Cable of Chicago. Inc. pursuanc

2/4/85 REPORTS;OF COMMTTTEES 13327

Co Seceion 113.1-55(A) of che Chicago Cable Communicacions Ordinance.

ChapCer 113.1 of che Municipal Code of che ClCy of Chicago.

SECTION 4; The parties hereby agree that the amendments set forch

in Secdons 1 and 2 of Chis Amending Agreemenc consciCuce all Che

amendments that the Grantee is entitled to pursuant to Section 3 of the

Grandng Ordinance daced February 15. 1984,

In wicness whereof, che parties have caused this Agreement to be

executed by their respective, duly authorized agents or officers as of the

day and year set forth below.

Cicy of Chicago

Dace Harold Washingcon. Mayor


Grancee

Corporacion Counsel



On motion of Alderman Kotlarz, the said proposed order was Passed by yeas and nays as follows:

Yeas— Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 46.

Nays - None.


Alderman Vrdolyak was excused from voting under the provisions of Rule 14 of the Council's Rules of Order.

The following is said order as passed:

Ordered, That the City Comptroller is authorized and directed to pay to the following named claimants the respective amounts set opposite their names, said amount to be paid in full and final settlement of each claim on the date and location by type of claim; with said amount to be charged to the activity and account specified as follows:

Damage to Vehicles.

Department of Police: Account No. 100.9112.934;

Name and Address

American Ambassador Cas. Co. and Vic Lewis Cl. No. 91333 900 Skokie Boulevard Northbrook, Illinois 60062

Allstate Ins. Co. and Moses Jackson Ck. 1838611414 P.O. Box 127 Skokie, Illinois 60076

John Lewis 2004 S. 18th Avenue Broadview, Illinois 60153

Recovery Services Int'l. and Chicago Title & Trust

Date and Location

1/15/84 Central and Race Streets

1/16/84 Eisenhower X-Way at California

5/24/84 10th Avenue and Roosevelt Road

1/23/84 1608 E. 53rd Street

Amount

$984.08

368.12

1,175.30

1,073.92

File No. 190P 40 74 91-7


Name and Address

5745 E. River Road Chicago, Illinois 60631]

State Farm Ins. Co. and Timothy and Mary Kelly Cl. No. 13-2006-606 2645 W.Addison Chicago, Illinois 60618

Seymour H. Sanders 4738 N. Kimball Avenue Chicago, Illinois 60625

Darlene Weber 24931 W. Lakeview Drive Lake Villa, Illinois 60046

James Walker and Marjorie McCullum 1545 S. Karlov - 2nd floor Chicago, Illinois 60623

William Roberts 2825 E. 78th Street Chicago, Illinois 60649

Date and Location Amount

2/28/83 4278 N. Hazel

7/13/84 4704 N. Kimball

6/22/84 Rt. 59 and Beach Grove Road

6/18/84 Ogden and Fairfield

6/27/82 2825 E. 78th Street

$100.70

872.58

341.21

200.00

556.10

Damage to Property.

Department of Animal Control: Account No. 100.9112.

Name and Address

Sharon A. Conroy 16382 King Riverside, California 92504

Date and Location

8/21/84 Dog Pound

934.

Amount

$550.00

Damage to Property.

Department of Police: Account No. 100.9112.934.

Name and Address Date and Location

MBA Management 707 W. Waveland Avenue Chicago, Illinois 60613

5/15/84 5553 N. Magnolia

Amount

$360.60


Name and Address

Rev. George L. Blackwell African Methodist Episcopal Zion Church 128 E. 58th Street Chicago, Illinois 60637

Date and Location

8/25/84 58th and Indiana

Damage to Vehicles.

Department of Sewers: Account No. 314.9112.934.

Name and Address

Edward Szramczewski 4325 W. Parker Chicago, Illinois 60639

Susan M. Klaes 7756 W. Columbia Avenue Chicago, Illinois 60631

Aetna Ins. Co. and Katherine Chakos File No. E208ACP P.O. Box 1512 Downers Grove, Illinois 60515

Franklin E. Gerber 6244 N.Washtenaw Chicago, Illinois 60659

Date and Location

7/13/84 3030 N. Tripp

9/13/84 Devon and Canfield

8/13/84 4538 N. Austin

10/12/84 7408 N. Odell

Amount

$280.00

Amount

$112.17

101.03

274.53

135.01

Damage to Vehicle.

Department of Consumer Services: Account No. 100.9112.934.

Name and Address

Brad W. Moss 7549 N. Keystone Skokie, Illinois 60076

Date and Location

6/5/84 Blue Island and Ashland Avenue

Amount

$226.98

Damage to Property.

Department ofStreets and Sanitation: Account No. 100.9112.934.

Name and Address Date and Location Amount

Peoples Gas Light and Coke Co. File No. 83-0-11

2/9/83 3409 W. Belmont Avenue

$758.37


Name and Address

122 S. Michigan Avenue Chicago, Illinois 60603]

Peoples Gas Light and Coke Go. File No. 83-0-58 122 S. Michigan Avenue Chicago, Illinois 60603

Peoples Gas Light and Coke Co. File No. 83-0-70 122 S. Michigan Avenue Chicago, Illinois 60603

Allstate Ins. Co. and Paul and Esther L. Linnear Cl. No. 2528991546-FSD P.O. Box 127 Skokie, Illinois 60077


Basilic Lopez 1836 N. Richmond Street Chicago, Illinois 60647

Frances Pauldon 5046 S. Kolin Avenue Chicago, Illinois

Anna Jesko 5514 S.Albany Chicago, Illinois 60629

Date and Location Amount

4/27/83 I E . I l l t h Street

5/23/84 2356 E. 79thStreet

5/10/83 7847 S. Ridgeland Avenue

9/14/83 1215 W. 71st Street

9/17/84 1836 N. Richmond Street

12/18/84 5046 S. Kolin

6/14/84 5514 S: Albany

$260.77

236.72

196.00

292.16

205.00

150.00

85.00

Damage to Vehicle.

Department of Public Works: Account No. 100.9112.934.

Name and Address Date and Location

U.P.S. Attn: Rich Broszczak 1400 S. Jefferson Chicago, Illinois 60607

4/17/84 24th and Calumet

Amount

$80.67

13332 JOURNAL-^CTTY COUNCIL-CfflCAGO 2/4/85

Damage to Property.

Department of Streets and Sanitation (Bureau of Forestry): Account No. 100.9112.934.

Name and Address

Liberty Mutual Ins. Co. and Walter T.Glab-Pol. No. 450-1367 4343 W. Lincoln Highway Matteson, Illinois 60443

LouisJ.Brugger 4906 N. Meade Chicago, Illinois 60630

Sixto and Ramona Padro 1638 N. Troy Chicago, Illinois 60647

Date and Location

8/24/82 6025 S. Normandy

Amount

$1,280.00

1/27/84 4906 N. Meade

8/4/84 1638 N. Troy

50.00

150.00

Damage to Property.

Department of Water: Account No. 200.9112.934.

Name and Address






Date and Location

10/21/82 2742 S. Princeton Avenue

9/23/82 2436 S. Central Park Avenue

8/23/82 2016 W.Adams Street

7/2/82 11201 S. Kedzie Avenue

8/13/82 3056 E. 97th Street

Amount

$438.00

702.00

873.00

231.00

455.00


Name and Address



Phillip DiMenza 2833 S. Princeton Avenue Chicago, Illinois 60616


Illinois Bell Telephone Co. ZCD7476 208S. LaSalle Street Chicago, Illinois 60604

Arthur Pflug 6301W. Higgins Road Chicago, Illinois 60630

Date and Location

9/23/82 3329 N. Hoyne Avenue

5/9/83 5141-5143 S. Calumet Avenue

Amount

$583.00

191.00

12/1/83 2833 S. Princeton Avenue

6/19/84 3526 N. Oak Park Avenue

3/1/84 1444 W. 37th Street

1/1/84 6301 W. Higgins

Building Permit Refunds.

Department of Inspectional Services: Account No. 100,

320.50

188.12

392.05

170.00

Name and Address

Menotti Plumbing 2350 W. Grand Avenue Chicago, Illinois 60612

Patrick Linnane 10405 S. Lawndale Avenue Chicago, Illinois 60655

O. (Jomez Construction 19 W. 55 Lake Street Addison, Illinois 60101

Permit Number

B620547

B600464 B608748

B625078

9112.934

Amount

$94.00

230.40

103.00

13334 JOURNAL-CTTY COUNCTL-CfflCAGO 2/4/85;

Name and Address

Jan Electric Company 8645 W. Cermak Road North Riverside, Illinois 60546

Daniel J. Caddigan 114 S. Homan Chicago, Illinois 60655

Edward Jones, Jr. 5331 W. Crystal Chicago, Illinois 60651

Richard McDaniels, Jr. 642 N. Ashland Avenue LaGrange Park, Illinois 60525

Permit Number

619641

Refund on electrical exam application



Amount

$27.50

10.00

10.00

10.00

Damage to Vehicles.

Department of Streets and Sanitation: Account No.

Name and Address

Allstate Ins. Co. and Marcia Boyce Cl. No. 2500256926 P.O. Box 127 Skokie, Illinois 60077

Joseph C. Lizzo 8454 Hollywood Drive Orland Park, Illinois

John Hvasti 638 S.Cass Avenue Westmont, Illinois 60559

Robert J. Wonsley 307 Enterprise - Apt 101 Mt. Prospect, Illinois 60056

Allstate Ins. Co. and Donald Dammons

Date and Location

6/14/84 1200 S. Kilbourn

10/5/83 35th and Lowe

10/31/83 230 S. Columbus Drive

2/14/83 22nd and Michigan

4/3/84 74th and State Street

100.9112.934.

Amount

$178.00

668.42

200.00

368.31

1,154.72

Cl. No. 270 919266 6 P. O. Box 127 Skokie, Illinois 60077

American Ambassador Cas. Co. and Clint Tate Cl. No. 92240

2/27/84 55th and Ashland

224.66


Name and Address Date and Location Amount

900 Skokie Boulevard Northbrook, Illinois 60062]

Avis Rent-A-Car File No. 110 02840117 P.O. Box 0 Carle Place, New York 11514

Aetna Life & Cas. Co. and Susan Rehak Cl. No. PD 497 84 P.O. Box 1512 Downers Grove, Illinois 60515

Allstate Ins. Co. and Daniel Krydynski Cl. No. 1838638391 7770 Frontage Road Skokie, Illinois 60076

Wausau Ins. Co. and Sandra Sanford Cl. No. 59172963 P.O. Box 14510 St. Louis, Missouri 63198

Colonial Penn Ins. Co. and Jack Turnley Cl. No. 12-W840002314-W6 5 Penn Center Plaza Philadelphia, Penn. 19181

Gerald Michael Kash 3040 Kensington Westchester, Illihois 60153

State Farm Ins. Co. and Harlene Rinaldi Cl. No. 13-8509-726 16058 S. Oak Park Avenue Tinley Park, Illinois 60477

Patrick Stillo 5429 S. McVicker Chicago, Illinois 60638

Bodiwalla Suryakant 1826 W. Farwell Chicago, Illinois 60626

2/17/84 79th and Western

3/2/84 Cicero and Wrightwood

3/22/84 1800 W. 35th Street

2/29/84 City Auto Pound

1/3/84 ; 12800 S. Butler Drive

3/28/84 State and Division Streets

5/16/84 64th and Dan Ryan

7/20/84 4811 W. 43rd Street

6/30/84 Montrose and Elston Avenues

$1,127.55

492.94

144.82

124.60

1.371.73

295.33

762.46

180.00

200,00

13336 JOURNAL^-CTTY COUNCIL-CfflCAGO 2/4/85

Name and Address

Steve Springer 3950 N. Lake Shore Drive Chicago, Illinois 60613

Rev. W. Joseph Reggin 3506 W. 62nd Place Chicago, Illinois 60629

Clarence Keathley 7530 Kenwood Chicago, Illinois 60619

Katherine Chakos 4830 N. Nashville Avenue Chicago, Illinois 60656

Ruth Majka 2825 - 224th Street Sauk Village, Illinois 60411

Ethel Streeter 3001 S. Michigan - Apt 1709 Chicago, Illinois 60616

Allstate and Julian Frazin Cl. No. 1239170838 P.O. Box 127 Skokie, Illinois 60077

Pearlie Bracey 4640 N. Sheridan Chicago, Illinois 60640

Western States Ins. Co. and Richard and Nanette Kirby Cl. No. 44-012504-00 P.O. Box 860 Freeport, Illinois 61032

Allstate Ins. Co. and Michael Wong Cl. No. 1239392531 P.O. Box 127 Skokie, Illinois 60076

Sametry O. Harris 7831 S. Cregier Avenue Chicago, Illinois 60649

Date and Location

7/30/84 Irving Park and Marine Drive

3/8/84 2804 W. 65th Street

8/22/84 Vincennes and 107th Street

8/13/84 4538 N. Austin

6/30/84 1300 E. 54th:S^reet

6/16/84 35th and State

1/23/84 LaSalle and Ontario Streets

8/21/84 Grand Avenue and Ashland Avenue

7/9/84 79th and Eggleston

8/13/84 Newport and Clark

Amount

$173.42

65.63

• 758.47

324.80

176.44

200.00

316.08

140.59

200.00

527.08

9/25/84 7817 S. Cregier

87.60

2/4/85 REPORTSrOF COMMTTTEES 13337

Name and Address

Helen Karall 5100 N. Marine Drive -Apt4C Chicago, Illinois 60640

Temetrice Kimble 3621 S. Michigan - Apt. 202 Chicago, Illinois 60653

John W. McKinnies 900 W. Marquette Road Chicago, Illinois 60621

Phillip J. Saccente 1731 N. Meade Avenue Chicago, Illinois 60639

Date and Location

8/22/84 Sheridan Road and Greenleaf

9/14/84 33rd<and Indiana

9/10/84!^ 5710 S. Ashland Avenue

3/28/84 1731 N. Meade Avenue

Amount

$63.35

110.65

200.00

99.90

Howard J. SchmoU 3926 N. Oakley Avenue Chicago, Illinois 60618

Shurney K. Brown 8501 S. Ada Chicago, Illinois 60620

Stephen Cambric 10151 S. Carpenter Chicago, Illinois 60643

Rita Golden 5211 N. Potawatomie Chicago, Illinois 60656

Frederick Frank 8309 S. Drexel Chicago, Illinois 60619

William E. Ransom 957 E. 101st Street Chicago, Illinois 60628

Joan Regelbrugga 400 W. Deming Place -Apt. 5J Chicago, Illinois 60614

9/25/84 2011 W.Montrose

9/10/84 5708 S. Ashland Avenue

9/18/84, 7034 S. Carpenter

9/21/84 Canfield and Devon

8/8/84 7063 S. Chicago Avenue

3/14/84 314 E. 95th Street

8/22/84; Clark and Broadway

56.07

260.94

213.05

94.30

167.20

312.14

104.38

13338 JOURNAL-.CTTY COUNCIL-CfflCAGO 2/4/85

Name and Address

James Brya 3654 W. 55th Street Chicago, Illinois

Elliot M. Bercovitz 221 E.Walton-Apt 20C Chicago, Illinois 60611

Walter Bryniarski 203 Burgess Geneva, Illinois 60134

Richard M. Daniels 2707 W. 86th Place Chicago, Illinois 60652

Kathleen Martin 4240 N. Monticello Chicago, Illinois 60618

Charles Staples 5719 S. Kimbark Avenue Chicago, Illinois 60637

John Dodrow 4334 W. Augusta Boulevard Chicago, Illinois 60651

Timothy J. Marchman 1123 N. Austin Boulevard Chicago, Illinois 60651

Dr. Jack Ferlinz 1102 N. Grove Avenue Oak Park, Illinois 60302

Date and Location

10/9/84 3654 W. 55th Street

6/20/84 Cannon Drive and Webster

6/2/84 875 N. Rush Street

9/10/84 10800 S. Stony Island

12/8/84 Auto Pound No. 7

12/2/84 LaSalle and Ontario Streets

2/28/84 4334 W. Augusta Boulevard

3/10/84 6240 S. King Drive

5/5/84 218 E. Chicago Avenue

Amount

$93.61

371.37

41449

190.43

1,995.37

68.71

554.73

184.83

302.27

Damage to Vehicle.

Department of Streets and Sanitation (Bureau of Forestry): Account No. 100.9112.934.

Name and Address

Phillip Scafidi 5150 W.Eddy Chicago, Illinois 60641

Date and Location

10/24/84 740 N. Kilbourn

Amount

$1,500.00


COMMITTEE ON ECONOMIC DEVELOPMENT.

CONDITIONAL APPROVAL OF INDUSTRIAL REVENUE BOND AUTHORIZED FOR CONSTRUCTION OF PROJECT BY

SPRINGFIELD REALTY AND INVESTMENT COMPANY.

The Committee on Economic Development submitted the following report:

CHICAGO, February 4, 1985.


Your Committee on Economic Development, having had under consideration a proposed ordinance transmitted with a communication signed by Mayor Harold Washington (which was referred on January 23, 1985) for the conditional approval of an industrial revenue bond in the amount of $1,500,000 to finance an industrial development project in the City of Chicago to be owned by the Springfield Realty and Investment Company, begs leave to recommend that Your Honorable Body Pass said proposed ordinance, which is transmitted herewith.

This recommendation was concurred in by six (6) members of the committee with no dissenting votes.

Respectfully submitted, (Signed) BERNARD J. HANSEN,

Chairman.

On motion of Alderman Hansen, the proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Nays — None.



WHEREAS, Pursuant to Chapter 15.2 ofthe Municipal Code ofthe City ofChicago, as supplemented and amended (the "Enabling Ordinance"), there has been established an Economic Development Commission of the City of Chicago (the "Commission"), a Department of Economic Development of the City of Chicago (the "Department") and the office of Commissioner of Economic Development of the City of Chicago (the


"Commissioner"), and the Department and the Commissioner are empowered, upon the advice of the Commission, to enter into agreements with respect to the proposed development of industrial development projects and to recommend to the City Council that it issue Industrial Revenue Bonds for the public purposes stated in the Enabling Ordinance; and

WHEREAS, The Commissioner, upon the advice of the Commission and on behalf of the Department, has approved the attached Memorandum of Agreement relating to the issuance of not to exceed $1,500,000 aggregate principal amount of Industrial Revenue Bonds to finance an industrial development project in the City of Chicago, Illinois, to be owned by Springfield Realty & Investment Company, an Illinois corporation (the "Company"), and Homak Mfg. Co., aui Illinois corporation related to the Company (the "Related Company"), to be used by the Related Company as a manufacturing, storage and distribution facility and to be located in the City ofChicago, Illinois, and has recommended the approval of this ordinance; and

WHEREAS, Such approval constitutes a recommendation to this City Council that it take all further steps necessary for the timely issuance of such Industrial Revenue Bonds; and '

WHEREAS, Section 103(k) ofthe Internal Revenue Code of 1954, as amended, requires that a public hearing be held in the City of Chicago, Illinois, on the proposed plan of financing for said industrial development project; now, therefore.


SECTION 1. The recommendation ofthe Commissioner, on behalf of the Department, is hereby accepted and the Memorandum of Agreement in the form submitted to this City Council is hereby approved.

SECTION 2. Upon the fulfillment of the conditions stated in the Memorandum of Agreement, this City Council will take such other actions and adopt such further proceedings as may be necessary under the Enabling Ordinance to issue such Industrial Revenue Bonds in an aggregate principal amount not to exceed $1,500,000 for the purpose aforesaid.

SECTION 3. The Commissioner is hereby authorized, empowered and directed to publish notice to the public of a public hearing on the proposed plan of financing for said industrial development project, such notice to be in substantially the same form as Exhibit A attached hereto and made a part hereof and to be published on a date and in a manner determined by him to be appropriate and at least fourteen (14) days prior to the date on which said public hearing is to be held; and the Commissioner (or any officer or employee of the Department designated by the Commissioner) is further authorized, empowered and directed to hold the public hearing referred to in said notice and to provide a transcript of said public hearing to the Finance Committee of this City Council.


Memorandum of Agreement and Exhibit A attached to this ordinance read as follows:


Memorandum of Agreement.

This Memorandum of Agreement (the "Agreement") is by and among the Department of Economic Development of the City of Chicago (the "Department"), Springfield Realty and Investment Company, an Illinois corporation (the "Company"), and Homak Mfg. Co., an Illinois corporation (the "Related Company").

1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following:

(a) The City ofChicago, Cook County, Illinois (the "City") is a municipality and a home rule unit of government under Section 6(a) of Article VII of the 1970 Constitution of the State oflllinois and as such home rule unit has duly adopted Chapter 15.2 ofthe Municipal Code of the City of Chicago, as supplemented and amended (the "Enabling Ordinance"), authorizing and empowering the City to issue its revenue bonds for purpose of financing the cost of the acquisition, purchase, construction, rehabilitation, redevelopment or extension of "industrial development projects" (as defined in the Enabling Ordinance) in order to encourage and promote the retention and expansion of existing commercial and industrial businesses within the City and the attraction of new businesses to the City.

(b) The Company proposes to acquire land and an existing building and construct improvements thereto, and the Related Company proposes to acquire machinery, equipment and related property to be installed therein, such land, building and improvements to be owned by the Company and leased to and used by the Related Company, and such machinery and equipment to be owned and used by the Related Company, as a manufacturing, storage and distribution facility (the "Project"), all to be located in the City of Chicago, Illinois. The Company and the Related Company wish to obtain satisfactory assurance from the City that the proceeds from the sale of the revenue bonds of the City will be made available to finance the cost of the Project.

(c) The Department is authorized pursuant to the Enabling Ordinance to enter into agreements with respect to industrial development projects and the financing thereof and to make recommendations to the City with respect to the issuance of its revenue bonds.

(d) Subject to due compliance with all requirements of law, the Department will proceed to take such action, and recommend that the City take such action, as may be necessary to cause to be prepared such agreements, mortgages, indentures or such other documents as may be necessary to cause the City, by virtue of such authority as may now or hereafter be conferred by the Enabling Ordinance, to issue and sell its revenue bonds in an amount not to exceed $1,500,000 (the "Bonds") to pay costs of the Project and costs incidental to the issuance of the Bonds.

(e) Pursuant to the Enabling Ordinance, the Economic Development Commission of the City ofChicago (the "Commission") has identified the Project as an industrial development project which may be undertaken to strengthen and promote the economic vitality of the City of Chicago, Illinois, has approved the form of this Agreement, and has advised the Commissioner of Economic Development of the City of Chicago to recommend to the City Council ofthe City that the City issue and sell the Bonds to finance the cost ofthe Project.

(f) The Department, with and upon the advice of the Commission, considers that the financing by the City of the cost of the Project on behalf of the Company and the Related


Company, or their designees, for occupancy and use by the Related Company, will promote and further the purposes of the Enabling Ordinance.

(g) The Department and the City reserve the right to give priority to the issuance of industrial development bonds and certain other "private activity bonds" ofthe City, as may be required by Section 103(n) ofthe Internal Revenue Code of 1954, as amended, or as they, in their sole discretion, may determine, with the result that the City may not issue the Bonds in calendar year 1984 or calendar year 1985.

2. Undertakings on the Part of the Department. Subject to the conditions above stated and to the limits ofthe authority ofthe Department, the Department agrees as follows:

(a) That it will begin the proceedings necessary on its part to cause the City Council of the City to authorize the issuance and sale of the Bonds, pursuant to the terms of the Enabling Ordinance as then in force.

(b) That it will cooperate with the Company and the Related Company, or their designees, in finding a purchaser or purchasers for the Bonds, and if satisfactory purchase £u:rangements can be made, the Department will recommend that the City adopt such proceedings authorizing the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Bonds and the financing of the Project, all as shall be authorized by law and mutually satisfactory to the Department, the City, the Company and the Related Company.

(c) That, if the City issues and sells the Bonds, the financing instruments will provide that the City will use the proceeds of the Bonds to finance the Project and the aggregate payments, basic rents or sale price (i.e., the amounts to be paid by the Company and the Related Company or their designees, and used by the City to pay the principal of, interest and redemption premium, if any, on the Bonds) payable under the instruments whereby the Project shall be financed, shall be such sums as shall be sufficient to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable.

(d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof.

3. Undertakings on the Part of the Company and the Related Company. Subject to the conditions above stated, the Company and the Related Company agree as follows:

(a) That they, or their designees, will use all reasonable efforts to find one or more purchasers for the Bonds.

(b) That contemporaneously with the issuance of the Bonds, the Company and the Related Company, or their designees, will enter into a revenue agreement, as defined in the Enabling Ordinance, with the City under the terms of which the Company and Related Company, or their designees, will obligate themselves to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such revenue agreement to be in form and substance satisfactory to the Department, the City, the Company and the Related Company, or their designees.


(c) That during the period beginning on the date ofthe sale and delivery ofthe Bonds by the City to the purchaser thereof and ending three years after the date of completion ofthe acquisition, construction and installation of the Project or after payment of all cost of the acquisition, construction and installation of the Project, whichever is later, the Company and the Related Company, or their designees, (1) will furnish upon the request of the Department a report in a form satisfactory to the Department,containing information relating to the Project, including, but not limited, to, the numbers and types of jobs and employment opportunities which have been created or maintained within the City as a result of the acquisition, construction and installation of the Project, and (2) will permit any duly authorized agent of the Department to enter upon and inspect the Project during regular business hours, and to examine and copy at the principal office ofthe Company and the Related Company, or their designees, located within the City of Chicago, Illinois, during regular business hours all books, records and other documents of the Company and the Related Company, or their designees, relating to expenditures from the Bond proceeds for the Project and the numbers and tj^ies of jobs at the Project.

(d) That they, or their designees, will take such further action and adopt such further proceedings as may be required to implement their aforesaid undertakings or as they may deem appropriate in pursuance thereof.

4. (aeneral Provisions.

(a) All committments of the Depsurtment under paragraph 2 hereof and of the Company and the Related Company, or their designees, under paragraph 3 hereof, are subject to the conditions that on or before one (1) year from the date hereof (or such other date as shall be mutually satisfactory to the Department and the Company and the Related Company, or their designees), the Department, the City and the Company and the Related Company, or their designees, shall have agreed to mutually acceptable terms for the Bonds and of the sale and delivery thereof, and mutually acceptable terms and conditions of the agreements and instruments referred to in paragraphs 2 and 3 hereof and the proceedings referred to in paragraphs 2 and 3 hereof.

(b) All cost and expenses in connection with the financing and the acquisition, construction and installation of the Project, including the fees and expenses of counsel to the City and the Department, Chapman and Cutler, as bond counsel, and the agent or underwriter for the sale ofthe Bonds, shall be paid from the proceeds of the Bonds or by the Company and the Related Company, or their designees. If the events set forth in (a) of this paragraph do not take place within the time set forth or any extension thereof and the Bonds are not sold within such time, the Company and the Related Company agree that they, or their designees, will reimburse the City and the Department for all reasonable and necessary direct out-of-pocket expenses which the City and the Department may incur from the execution of this Agreement and the performance by the City of its obligations hereunder, and will pay upon demand the preliminary fees of bond counsel, and this Agreement shall thereupon terminate.

In Witness Whereof, the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of this 28th day of December 1984.



Exhibit A '

Notice of Public Hearing.

Notice is hereby given that on , 1985, at .M., in . . ^, Chicago, Illinois, a public hearing will be

held before the Commissioner of Economic Development of the City of Chicago, or his designee, regarding a plan to issue not to exceed $1,500,000 aggregate principal amount of Industrial Revenue Bonds (the "Bonds") of the City of Chicago, Cook County, Illinois (the "City"), the proceeds of which will be lent to Springfield Realty & Investment Company, an Illinois corporation (the "Company"), and in part to Homak Mfg. Co., an Illinois corporation related to the Company (the "Related Company"), to acquire approximately

acres of real estate and an existing, approximately .square-foot building located thereon, construct improvements thereto, and acquire machinery, equipment and related property to be installed therein, said land, building and improvements to be owned by the Company to be leased to the Related Company, and said machinery and equipment to be owned by the Related Compsuiy, all to be used by the Related Company as a facility for the manufacture, storage and distribution of tool boxes, tool ches t s , tool cab ine t s and r e l a t e d p r o d u c t s and to be loca ted a t

, Chicago, Illinois.

The Bonds will be issued by the City pursuant to its powers as a home rule unit of government under the 1970 Constitution ofthe State of Illinois and an ordinance proposed for adoption by the City Council of the City. The Bonds will not be general obligations of the City, the State oflllinois or any political subdivision thereof, but will be special, limited obligations of the City as the principal of, premium, if any, and interest on the Bonds will be payable solely from revenues and receipts derived from the repayment ofthe loan by the Company (except to the extent payable from Bond proceeds, the income from the temporary investment thereof and moneys derived from and payments made pursuant to the instruments delivered in connection with said loan). The Bonds will not constitute an indebtedness ofthe City, the State oflllinois or any political subdivision thereof or a loan of credit of any of them within the meaning of any constitutional or statutory provisions. No holder of any Bond will have the right to compel any exercise of the taxing power of the City, the State of Illinois or any political subdivision thereof to pay the principal of, premium, if any, or interest on the Bonds.

The above noticed public hearing is required by Section 103(k) of the Internal Revenue Code of 1954, as amended. Written comments may also be submitted to the Department of Economic Development ofthe City ofChicago at its office located at 20 North Clark Street, Chicago, Illinois 60602, until -, , 1985. Subsequent to the public hearing, the City Council of the City will meet to consider approval of the issuance of the Bonds.

Notice dated , 1985

/s/ Robert Mier Commissioner of Economic Development, Department of Economic Development of the City ofChicago.


CONDITIONAL APPROVAL OF INDUSTRIAL REVENUE BOND AUTHORIZED FOR PROJECT BY NORTHWEST

HIGHWAY VENTURE.




Your Committee on Economic Development, having had under consideration a proposed ordinance transmitted with a communication signed by Mayor Harold Washington (which was referred on January 23, 1985) for the conditional approval of an industrial revenue bond in the amount of $985,000 to finance an industrial development project in the City of Chicago to be owned by the Northwest Highway Venture, begs leave to recommend that Your Honorable Body Pc^s said proposed ordinance, which is transmitted herewith.



Chairman.


Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Nays — None.



WHEREAS, Pursuant to Chapter 15.2 ofthe Municipal Code ofthe City ofChicago, as supplemented and amended (the "Enabling Ordinance"), there has been established an Economic Development Commission of the City of Chicago (the "Commission"), a Department of Economic Development of the City of Chicago (the "Department") and the office of Commissioner of Economic Development of the City of Chicago (the "Commissioner"), and the Department and the Commissioner are empowered, upon the advice of the Commission, to enter into agreements with respect to the proposed development of industrial development projects and to recommend to the City Council that it issue Industrial Revenue Bonds for the public purposes stated in the Enabling Ordinance; and


WHEREAS, The Commissioner, upon the advice of the Commission and on behalf of the Department, has approved the attached Memorandum of Agreement relating to the issuance of not to exceed $985,000 aggregate principal amount of Industrial Revenue Bonds to finance an industrial development project in the City of Chicago, Illinois, to be owned by Northwest Highway Venture, an Illinois general partnership, or a land trust of which said partnership is sole beneficiary, for leasing to A. G. Busch & Co., Inc., an Illinois corporation, to be used as a facility for the manufacture of electrical components and to be located in the City of Chicago, Illinois, and has recommended the approval of this ordinance; and

WHEREAS, Such approval constitutes a recommendation to this City Council that it take all further steps necessary for the timely issuance of such Industrial Revenue Bonds; and

WHEREAS, Section 103(k) ofthe Internal Revenue Code of 1954, as amended, requires that a public hearing be held in the City of Chicago, Illinois, on the proposed plan of financing for said industrial development project; now, therefore.



SECTION 2. Upon the fulfillment of the conditions stated in the Memorandum of Agreement, this City Council will take such other actions and adopt such further proceedings as may be necessary under the Enabling Ordinance to issue such Industrial Revenue Bonds in an aggregate principal amount not to exceed $985,000 for the purpose aforesaid.

SECTION 3. The Commissioner is hereby authorized, empowered and directed to publish notice to the public of a public hearing on the proposed plan of financing for said industrial development project, such notice to be in substantially the same form as Exhibit A attached hereto and made a part hereof and to be published on a date and in a manner determined by him to be appropriate emd at least fourteen (14) days prior to the date on which said public hearing is to be held; and the Commissioner (or any officer or employee of the Department designated by the Commissioner) is further authorized, empowered and directed to hold the public hearing referred to in said notice and to provide a transcript of said public hearing to the Finance Committee of this City Council.



This Memorandum of Agreement (the "Agreement") is by and between the Department of Economic Development of the City of Chicago (the "Department") and Northwest Highway Venture, an Illinois general partnership, of which the general partners are Bruce E. Creger of Northbrook, Illinois and Richard F. Wharton of Glenview, Illinois (the "Borrower").


1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following:

(a) The City of Chicago, Cook County, Illinois (the "City") is a home rule unit of government under Section 6 (a) of Article VII of the 1970 Constitution of the State of Illinois and as such home rule unit has duly adopted Chapter 15.2 ofthe Municipal Code of the City of Chicago, as supplemented and amended (the "Ordinance"), authorizing and empowering the City to issue revenue bonds for the purpose of financing the cost of the acquisition, purchase, construction, rehabilitation, redevelopment or extension of "industrial development projects" (as defined in the Ordinance) in order to encourage and promote the retention and expansion of existing commercial and industrial businesses within the City and the attraction of new businesses to the City.

(b) The Borrower proposes to construct an addition, consisting of 12,700 sq. ft., to an existing manufacturing facility located! at 6060 N. Northwest Highway in Chicago, Illinois and to acquire land adjacent to said facility to be used for employee parking, which facility shall be leased to A.G. Busch & Co., Inc., an Illinois corporation (the "Company"), to be used by the Company as a facility for the manufacture of electrical components (the "Project"). The Borrower wishes to obtain satisfactory assurance from the City that the proceeds from the sale ofthe revenue bonds ofthe City will be made available to finance the cost of the Project.

(c) The Department is authorized pursuant to the Ordinance to enter into agreements with respect to industrial development projects and the financing thereof and to make recommendations to the City with respect to the issuance of revenue bonds.

(d) Subject to due compliance with all requirements of law, the Department will proceed to take such action, and recommend that the City take such action, as may be necessary to cause to be prepsured such agreements, mortgages, indentures or such other documents as may be necessary to cause the City, by virtue of such authority as may now or hereafter be conferred by the Ordinance and to issue and sell its revenue bonds in an amount not to exceed $985,000 (the "Bonds") to pay costs of the Project and costs incidental to the issuance ofthe Bonds.

(e) Pursuemt to the Ordinance, the! Economic Development Commission ofthe City of Chicago (the "Commission") has identified the Project as an industrial development project which may be undertaken to strengthen and promote the economic vitality ofthe City of Chicago, Illinois, has approved the form of this Agreement, and has advised the Commissioner of Economic Development of the City of Chicago to recommend to the City Council ofthe City that the City issue and sell the Bonds to finance the cost ofthe Project.

(f) The Department, with and upon the advice of the Commission, considers that the financing by the City ofthe cost of the Project on behalfof the Company will promote and further the purposes ofthe Ordinance.

2. Undertakings on the Part of the Department. Subject to the conditions above stated and to the limits ofthe authority ofthe Department, the Department agrees as follows:


(a) That it will begin the proceedings necessary on its part to cause the City Council of the City to authorize the issuance and sale of the Bonds, pursuant to the terms of the Ordinance as then in force.

(b) That it will cooperate with the Borrower in finding a purchaser or purchasers for the Bonds, and if satisfactory purchase arrangements can be made, the Department will recommend that the City adopt such proceedings authorizing the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Bonds and the financing of the Project, all as shall be authorized by law and mutually satisfactory to the Department, the City and the Borrower.

(c) That, if the City issues and sells the Bonds, the financing instruments will provide that the City will use the proceeds of the Bonds to finance the Project and the aggregate payments, basic rents or sale price (i.e., the amounts to be paid by the Borrower and used by the City to pay the principal of, interest and redemption premium, if any, on the Bonds) payable under the instruments whereby the Project shall be financed, shall be such sums as shall be sufficient to pay the principal of, interest and redemption premium, tf any, on the Bonds as and when the same shall become due and payable.

(d) That it will take or cause to be taken such other acts and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof.

3. Undertakings on the Part ofthe Borrower. Subject to the conditions above stated, the Borrower agrees as follows:

(a) That it will use all reasonable efforts to find one or more purchasers for the Bonds.

(b) That contemporaneously with the issuance of the Bonds, the Borrower will enter into a revenue agreement, as defined in the Ordinance, with the City under the terms of which the Borrower will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, interest and redemption premium, if any, on the Bonds as and when the same shall become due and payable, such revenue agreement to be in form and substance satisfactory to the Department, the City and the Borrower.

(c) That contemporaneously with the issuance of the Bonds and the entry into the appropriate instrument under paragraph (b) hereof, the Borrower will enter into a lease agreement, iagreement of sale, financing agreement or other instrument with the Company under the terms of which the Company will obligate itself to pay the Borrower sums corresponding to the sums paid under the instrument executed pursuant to paragraph (b) hereof, and the Borrower shall assign such sums to the City, to a lender or to a trustee for the benefit ofthe holders ofthe Bonds.

(d) That during the period beginning on the date of the sale and delivery of the Bonds by the City to the purchaser thereof and ending three years after the date of completion of the acquisition and construction of the Project or after payment of all costs of said acquisition and construction of the Project, whichever is later, the Borrower will and will cause the Company to (1) furnish upon request of the Department a report in a form satisfactory to the Department, containing information relating to the Project, including but not limited to, the numbers and types of jobs and employment opportunities which have been created or maintained within the City as a result of the acquisition and construction of the Project,

2/4/85 REPORTS;OF COMMTTTEES 13349

and (2) permit any duly authorized agent ofthe Department to enter upon and inspect the Project during regular business hours and to examine and copy at the principal office ofthe Borrower and the Company located within the City of Chicago, Illinois, during regular business hours all books, records and other documents of the Borrower and the Company relating to expenditures from the Bond proceeds for the Project and the numbers and types of jobs at the Project.

(e) That it will take such further action and adopt such further proceedings as may be required to implement its aforesaid undertakings or as it may deem appropriate in pursuance thereof. : •

4. General Provisions. | I '•:

(a) All commitments of the Departiiient under paragraph 2 hereof and of the Borrower under paragraph 3 hereof, are subject to the conditions that on or before one (1) year from the date hereof (or such other date as shall be mutually satisfactory to the Department and the Borrower), the Department, the City and the Borrower shall have agreed to mutually acceptable terms for the Bonds andi of the sale and delivery thereof, and mutually acceptable terms and conditions of jthe agreements and instruments referred to in paragraphs 2 and 3 hereof and the proceedings referred to in paragraphs 2 and 3 hereof.

1

(b) All costs and expenses in connection with the financing and acquisition and construction ofthe Project, including the fees and expenses of counsel to the City and the Department, Carlson and Hug, as bond counsel, and the agent or underwriter for the sale of the Bonds, shall be paid from the proceeds of the Bonds or by the Borrower. If the events set forth in (a) of this paragraph do not take place within the time set forth on any extension thereof and the Bonds are not sold within such time, the Borrower agrees that it will reimburse the City and the Department for all reasonable and necessary direct out-of-pocket expenses which the City and the Department may incur from the execution of this Agreement and the performance by the City of its obligations hereunder, and this Agreement shall thereupon terminate.

In Witness Whereof, the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of this 21st day of January, 1985.


Exhibit A


Notice is hereby given that on __. , 1985, at .M. in , l__ , Chicago, Illinois, a public hearing

will be held before the Commissioner of Economic Development of the City of Chicago or his designee regarding a plan to issue not to exceed $950,000 Industrial Revenue Bonds (the "Bonds") of the City of Chicago, Cook County, Illinois (the "City") the proceeds of which will be loaned to Northwest Highway Venture, an Illinois general partnership, of which the general partners are Bruce; E. Creger of Northbrook, Illinois and Richard F. Wharton of Glenview, Illinois (the "Borrower") or an Illinois land trust of which the Borrower is the sole beneficiary, to construct an addition, consisting of 12,700 sq. ft., to an


existing manufacturing facility located at 6060 N. Northwest Highway, Chicago, Illinois and to acquire land adjacent to said facility to be used for employee parking, said facility to be leased to A.G. Busch & Co., Inc., an Illinois corporation (the "Company") and used by the Company as a facility for the manufacture of electrical components.

The Bonds will be issued by the City pursuant to its powers as a home rule unit of government under the 1970 Constitution ofthe State oflllinois and an ordinance proposed for adoption by the City Council of the City. The Bonds will not be general obligations of the City, the State oflllinois or any political subdivision thereof, but will be special, limited obligations of the City as the principal of, premium, if any, and interest on the Bonds will be payable solely from revenues and receipts derived from the repayment of the loan by the Borrower (except to the extent payable from Bond proceeds, the income from the temporary investment thereof and moneys derived from and payments made pursuant to the instruments delivered in connection with said loan). The Bonds will not constitute an indebtedness ofthe City, the State oflllinois or any political subdivision thereof or a loan of credit of any of them within the meaning of any constitutional or statutory provisions. No owner of any Bond will have the right to compel any exercise of the taxing power of the City, the State of Illinois or any political subdivision thereof to pay the principal of, premium, if any, or interest on the Bonds.

The above noticed public hearing is required by the Tax Equity and Fiscal Responsibility Act of 1982. Written comments' may also be submitted to the Department of Economic Development ofthe City ofChicago at its office located at 20 North Clark Street, Room 2800, Chicago, Illinois 60602 until , 1985. Subsequent to the public hearing, the City Council of the City will meet to consider approval of the issuance ofthe Bonds.

Notice dated , 1985.

Commissioner of Economic Development Department of Economic Development ofthe City ofChicago

CONDITIONAL APPROVAL OF INDUSTRIAL REVENUE BOND AUTHORIZED FOR PROJECT BY PHEOLL

MANUFACTURING, INCORPORATED.


CHICAGO, February 4, 1985.


Your Committee on Economic Development, having had under consideration a proposed ordinance transmitted with a communication signed by Mayor Harold Washington (which was referred on January 23, 1985) for the conditional approval of an industrial revenue


bond in the amount of $3,000,000 to finance an industrial development project in the City ofChicago to be owned by Pheoll Manufacturing, Inc., begs leave to recommend that Your Honorable Body Pass said proposed ordinance, which is transmitted herewith.



Chairman.


Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Nays — None.



WHEREAS, Pursuant to Chapter 15.2 of the Municipal Code of the City of Chicago, as supplemented and amended (the "Enabling Ordinance"), there has been established an Economic Development Commission of the City of Chicago (the "Commission"), a Department of Economic Development of the City of Chicago (the "Department") and the office of Commissioner of Economic Development of the City of Chicago (the "Commissioner"), and the Department and the Commissioner are empowered, upon the advice of the Commission, to enter into agreements with respect to the proposed development of industrial development projects and to recommend to the City Council that it issue Industrial Revenue Bonds for the public purposes stated in the Enabling Ordinance; and

WHEREAS, The Commissioner, upon the advice ofthe Commission and on behalf of the Department, has approved the attached Memorandum of Agreement relating to the issuance of not to exceed $3,000,000 aggregate principal amount of Industrial Revenue Bonds to finance an industrial development project in the City of Chicago, Illinois, to be owned by Pheoll Manufacturing, Inc. or an entity affiliated therewith, to be used as a facility for the manufacturing of speciality fasteners, screws, cold headed parts and related products, together with related offices, and to be located in the City of Chicago, Illinois at 5630-5700 Roosevelt Road (except for certain related parking lots located on the south side of Roosevelt Road, across from such facility, in the Town of Cicero) and has recommended the approval of this ordinance; and


WHEREAS, Such approval constitutes a recommendation to this City Council that it take all further steps necessary for the timely issuance of such Industrial Revenue Bonds; and

WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, requires that a public hearing be held in the City of Chicago, Illinois, on the proposed plan of financing for said industrial development project; now, therefore.



SECTION 2. Upon the fulfillment of the conditions stated in the Memorandum of Agreement, this City Council will take such other actions and adopt such further proceedings as may be necessary under the Enabling Ordinance to issue such Industrial Revenue Bonds in an aggregate principal amount not to exceed $3,000,000 for the purpose aforesaid.

SECTION 3. The Commissioner is hereby-authorized, empowered and directed to publish notice to the public of a public hearing on the proposed plan of financing for said industrial development project, such notice to be in substantially the same form as Exhibit A attached hereto and made a part hereof and;to be published on a date and in a manner determined by him to be appropriate and at least fourteen (14) days prior to the date on which said public hearing is to be held; and the CJommissioner (or any officer or employee of the Department designated by the Commissioner) is further authorized, empowered and directed to hold the public hearing referred to in said notice and to provide a transcript of said public hearing to the Finance Committee of this City Council.



Memorandum, of Agreement.

This Memorandum of Agreement (the "Agreement") is by and between the Department of Economic Development of the City of Chicago, (the "Department") and Pheoll Manufacturing Inc. ("the Company").

1. Preliminary Statement. Among the niatters of mutual inducement which have resulted in Agreement eure the following:

(a) The City of Chicago, Cook County, Illinois (the "City') is a home rule unit of government under Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois and as such home rule unit has duly adopted Chapter 15.2 of the Municipal Code ofthe City ofChicago, as supplemented and amended (the "Ordinance"), authorizing and empowering the City to issue revenue bonds for the purpose of financing the cost of the acquisition, purchase, construction, rehabilitation, redevelopment or extension of "industrial development projects" (as defined in the Ordinance) in order to encourage


and promote the retention and expansion of existing commercial and industrial businesses within the City and the attraction of new businesses to the City.

(b) The Company proposes to acquire, renovate and equip a facility for the manufacturing of specialty fasteners, screws, cold headed parts and related products, together with related offices, in the City ofChicago, Illinois at 5630-5700 Roosevelt Road (except for certain related peu-king lots located on the south side of Roosevelt Road, across from such facility, in the Town of Cicero) (the "Project"). The Company wishes to obtain satisfactory assurance from the City that the proceeds from the sale of the revenue bonds ofthe City will be made available to fineuice the cost ofthe Project.

(c) The Depeu'tment is authorized pursuant to the Ordinance to enter into agreements with respect to industrial development projects and the financing thereof and to make recommendations to the City with respect to the issuance of its revenue bonds.

(d) Subject to due compliemce with all requirements of law, the Department will proceed to take such action, amd recommend that the City take such action, as may be necessary to cause to be prepared such agreements, leases, mortgages, indentures or such other documents as may be necessary to cause the City, by virtue of such authority eis may now or hereeifter be conferred by the Ordinance, to issue and sell its revenue bonds in an aggregate principal amount not to exceed $3,000,000 (the "Bonds") to pay cost ofthe Project and costs incidental to the issuance ofthe Bonds.

(e) Pursuant to the Ordinance, the Economic Development Commission of the City of Chicago (the "Commission") has identified the Project as em industrial development project which may be undertaken to strengthen and promote the economic vitality of the City of Chicago, Illinois, has approved the form of this Agreement, and has advised the Commissioner of Economic Development ofthe City ofChicago to recommend to the City Council of the City that the City issue and sell the Bonds to finance the cost of the Project.

(f) The Depaurtment, with and upon the advice of the Commission, considers the finemcing by the City ofthe cost ofthe Project on behalf of the Company will promote and further the purposes ofthe Ordinance.

2. Undertakings on the Part ofthe Department. Subject to the conditions above stated emd to the limits ofthe authority ofthe Department, the Department agrees as follows:

(a) That it will begin the proceedings necesseiry on its part to cause the City Council of the City to authorize the issuance and sale of the Bonds, pursuant to the terms of the Ordinance as then in force.

(b) That, if necessary, it will cooperate with the Company in finding a purchaser or purchasers for the Bonds, and if satisfactory purchase arrangements can be or are made, the Department will recommend that the City adopt such proceedings authorizing the execution of such documents as may be necessary or advisable for the authorization, issuance and sale of the Bonds and the financing of the Project, all as shall be authorized by law and mutually satisfactory to the Department, the City and the Company.

(c) That, Lf the City issues and sells the Bonds, the financing instruments will provide that the City will use the proceeds of the Bonds to finance the Project and the aggregate


payments, to be made by the Company and used by the City to pay the principal of, interest and redemption premium, if any, on the Bonds payable under the instruments whereby the Project shall be financed, shall be such sums sufficient to pay the principal of, interest and redemption premium, if emy, on the Bonds as and when the same shall become due emd payable.

(d) That it will take or cause to be tadcen such other acts and adopt such further proceedings as may be required to implement the aforesaid undertakings or as it may deem appropriate in pursuance thereof.

3. Undertakings on the Peirt ofthe Company. Subject to the conditions above stated, the Company agrees as follows:

(a) That it will use all reasonable efforts to find one or more purchasers for the Bonds.

(b) That contemporaneously with the issuance of the Bonds, the Company will enter into a revenue agreement, as defined in the Ordinance, with the City under the terms of which the Company will obligate itself to pay to the City sums sufficient in the aggregate to pay the principal of, and interest and redemption premium, if any, on the Bonds as emd when the same shall become due and payable, such revenue agreement to be in form and substamce satisfactory to the Depaurtment, the City auid the Company, such approval by the Depeirtment to be evidenced by the execution of such agreement by theCity.

(c) That during the period beginning on the date of the sale and delivery of the Bonds by the City to the purchaser thereof and ending three years after the date of completion ofthe acquisition, construction emd equipping ofthe Project or eifter payment of all costs of acquisition, renovation and equipping ofthe Project, whichever is later, the Company (1) will furnish upon request of the Depau-tment a report in a form satisfactory to the Depeu'tment, containing information relating to the Project, including but not limited to, the numbers and types of jobs and employment opportunities which have been created or maintained within the City as a result of the acquisition, construction and equipping of the Project, and (2) will permit any duly authorized agent of the Department to enter upon and inspect the Project during regular business hours, and to examine and copy at the principal office of the Company located within the City of Chicago, Illinois, during regular business hours, all books, records and other documents of the Company relating to expenditures from the Bond proceeds for the Project and the numbers and types of jobs at the Project.

(d) That it will take such further action and adopt such further proceedings as may be required to implement its aforesaid undertakings or as it may deem appropriate in pursuamce thereof.

4. General Provisions.

(a) All commitments of the Department under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the conditions that on or before one (1) year from the date hereof (or such other date as shall be mutually satisfactory to the Department and the Company), the Department, the City and the Company shall have agreed to mutually acceptable terms and conditions of the agreements and instruments


referred to in paragraphs 2 and 3 hereof and the proceedings referred to in paragraphs 2 and 3 hereof.

(b) All costs and expenses incurred in connection with financing, acquisition, construction and equipping of the Project, including the fees and expenses of counsel to the City and the Department, Gardner, Carton & Douglas, as bond counsel, and counsel to the purchaser of the Bonds, if any, shall be paid from the proceeds of the Bonds or by the Compamy. If the events set forth in subparagraph (a) of this paragraph do not take place within the time set forth or emy extension thereof and the Bonds eire not sold within such time, the Company agrees that it will reimburse the City and the Department for all reasonable and necessary out-of-pocket expenses which the City and the Department may incur from the execution of this Agreement and the performance by the City of its obligations hereunder, and this Agreement shall thereupon terminate.

In Witness Whereof, the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of this 21st day of January, 1985.


Exhibit A


Notice is hereby given that on , 1985 at M. in ,

Chicago, Illinois, a public heau-ing will be held before the Commissioner of Economic Development ofthe City ofChicago or his designee regarding a plan to issue not exceeding $3,000,000 principal amoimt of Industrial Revenue Bonds (the "Bonds"), of the City of Chicago the proceeds of which will be loaned to Pheoll Manufacturing, Inc. (the "Compemy") to be used by the Company for the acquisition, renovation amd equipping of certedn facilities to comprise a facility for the manufacturing of specialty fasteners, screws, cold headed parts amd related products, together with related offices, including two buildings of approximately 195,000 and 61,000 square feet which facilities will be located within the City ofChicago at 5630-5700 Roosevelt Road (except for certain related parking lots located on the south side of Roosevelt Road, across from such facility, in the Town of Cicero) (the "Project").

The Bonds will be issued by the City pursuant to its powers as a home rule municipality under the 1970 Constitution ofthe State oflllinois emd an ordinance proposed for adoption by the City Council. The Bonds will not be general obligations of the City, the State of Illinois or any political subdivision thereof, as the principal of, and interest on the Bonds will be payable solely from amounts received in repayment of the loan by the Company. Neither the credit nor the taxing power of the City, the State of Illinois or of any political subdivision thereof will be pledged for the payment of the principal, premiums, if any, or interest on the Bonds.

The above-noticed public hearing is required by the Tax Equity and Fiscal Responsibility Act of 1982. Written comments may also be submitted to the Department of Economic Development at its office located at 20 North Clark Street, Room 2800 Chicago, Illinois 60602 until 1985. Subsequent to the public hearing, the City Council will meet to consider approving the issuance of the Bonds.


Notice Dated , 1985.

Commissioner of Economic Development of the City of Chicago

COMMITTEE ON LAND ACQUISITION AND DISPOSITION,

APPROVAL OF CONTRACT FOR ACQUISITION OF PROPERTY AT 940 WEST EXCHANGE STREET FOR USE BY BUREAU

OF ELECTRICITY.

The Committee on Land Acquisition and Disposition submitted a report recommending that the City Council pass the following proposed ordinance transmitted therewith:

WHEREAS, The Department of Streets and Sanitation of the City of Chicago needs to acquire additional facilities and property to house the Radio Repair Shop of the Bureau of Electricity; and

WHEREAS, The Department of Streets and Sanitation has determined that it is necessary and advantageous for said purpose to acquire the building and property commonly described as 940 West Exchange Street, Chicago, and legally described as stated in Exhibit A, which is attached hereto and incorporated by this reference herein; and

WHEREAS, The property has been and is presently offered for sale by the owners; and

WHEREAS, The Office of Budget and Management has previously approved an expenditure for this acquisition; and

WHEREAS, The City Council has by ordinance, recently approved and granted authority to negotiate for acquisition of the property located at 940 West Exchange Street; emd

WHEREAS, The parties have negotiated and agreed upon a proposed contract as set forth in Exhibit B; now, therefore;


SECTION 1. That it is desirable and necessary that the property commonly described as 940 West Exchange Street, and legally described as stated in Exhibit A, (attached hereto emd incorporated by this reference herein;) be acquired by the City of Chicago for the purpose herein set forth in this ordinance.

SECTION 2. That pursuant to negotiations, the Seller has agreed to sell and the City of Chicago has agreed, subject to City Council approval, to purchase said property upon the terms and conditions as stated in the contract, a copy of which is attached hereto as Exhibit B and is incorporated by this reference herein.


SECTION 3. That the Mayor is authorized to execute and the City Clerk to attest and eiffix the corporate seal in behalf of the City ofChicago, to the contract for the purchase of 940 West Exchange Street in the form set forth in Exhibit B to this ordinance, which is attached hereto and incorporated by this reference herein.

SECTION 4. In case the owner or owners of said property, not\yithstanding the contract, fails to convey emd the City is unable to reach agreement with the owners on purchase price, or in case the owner or owners or any of them are incapable of consenting to the sale thereof, the Corporation Counsel is authorized to institute and prosecute condemnation proceedings in the name of and in behalf of the City ofChicago for the purpose of acquiring title to said property under the City's right of eminent domain, and said property is hereby declared to be useful, advemtageous, desirable and necessary to the City of Chicago for the use set forth above.

SECTION 5. That this ordinance is effiective immediately from and eifter its passage.

On motion of Alderman Banks, the foregoing proposed ordinance was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheedian, Kelley, Shermem, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone ~ 47.

Nays — None.


COMMISSIONER OF PUBLIC WORKS AUTHORIZED TO NECJOTIATE FOR ACQUISITION OF PROPERTY AT

5440 SOUTH CICERO AVENUE/4832-4844 WEST 55TH STREET.

The Committee on Land Acquisition land Disposition submitted a report recommending that the City Council pass the following proposed ordinance transmitted therewith:


SECTION 1. It is hereby determined and declared that it is useful, desirable and necesseu^r to the City of Chicago that said City acquire for public use for the Department of Aviation, the following described property in order to remove a major obstruction within the clear zone for Runway 4R at Chicago Midway Airport; said obstruction being 5440 South Cicero Avenue and 4832 to 4844 West 55th Street. Payment for the property is to be made under Fund Number 623- 8653-540.

Parcel 29


That peirt of the West 550 feet of the Southeast quarter of Section 9, Township 38 North, Range 13 East ofthe Third Principal Meridian, lying South of and adjoining the Southerly right of way line of the Chicago and Western Indiana Railroad right of way, excepting therefrom the North 400 feet thereof and excepting therefrom that portion previously conveyed or dedicated for public highway purposes. (Commonly known as 5440 S. Cicero Avenue and 4832 to 4844 W. 55th Street)

SECTION 2. The Commissioner of Public Works is authorized and directed to negotiate with the owner or owners for the purchase of the property described in Section 1 of this ordinemce.

In case the Commissioner of Public Works is able to agree with the owner or owners of said property upon the purchase price thereof, he is authorized to purchase said property for the agreed price, subject to the approval ofthe City Council.

SECTION 3. In case ofthe inability of the Commissioner of Public Works to agree with the owner or owners of said property upon the purchase price thereof, or in case the owner or owners or any of them are incapable of consenting to the sale thereof, or in case the name or residence of said owner or owners are unknown, or they are non-residents of the State of Illinois, then the Commissioner of Public Works shall report such facts to the Corporation Counsel. Upon receipt of such report, the Corporation Counsel shall institute and prosecute condemnation proceedings in the name of and in behalf of the City of Chicago for the purpose of acquiring title to said property under the City's right of eminent domain, emd said property is hereby declared to be useful, advantageous, desirable and necessary to the City of Chicago for the use set forth above.

SECTION 4. This ordinance shall take effect and be in force from and eifter its passage.

On motion of Alderman Banks, the foregoing proposed ordinance was Passed by yea' s and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Shermem, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, S tone-47.

Nays — None.


ACCEPTANCE OF PERMANENT EASEMENT FROM CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY FOR ERECTING

CONCRETE RETAINING WALL AT ENTRANCE TO HOWARD-DAN RYAN YARD.




SECTION 1. That the Mayor is authorized to accept, the City Clerk to attest and the Commissioner of Public Works, and the City Comptroller to approve upon approval of the Corporation Counsel as to form and legality, a permanent easement from the Chicago emd North Western Transportation Company to the City of Chicago authorizing the construction of a concrete reteiining wall required for the tremsit entrance to the Howard-Dem Ryam Yard, said easement to be substantially in the following form:

The Grantor, Chicago and North Western Transportation Company, a Delaware corporation, whose principal office is located at 165 North Canal Street, Chicago, Illinois, for the consideration of Six Hundred and no/100 Dollars ($600.00), grants a permanent easement for a retaining wall and for no other purpose whatsoever, to the City of Chicago, Department of Public Works, Grantee, over and upon the following described real estate situated in the City of Evemston, County of Cook, and the State oflllinois, to wit:

That part ofthe right-of-way ofthe Chicago and North Western Railway Company in the West Half of the North of the Northeast Quarter of Section 30, Township 41 North, Range 14 East of the Third Principal Meridian described as follows: Beginning at the intersection of the South line of Mulford Street and the Easterly right-of-way line of aforesedd Radlway; thence Southeasterly along said right-of-way line a distance of 139.30 feet; thence Southwesterly along a straight line drawn perpendicular to said right-of-way line a distance of 2.00 feet; thence Northwesterly along a line peirallel with the Easterly right-of-way line as eiforesaid a distemce of 139.68 feet to the South line of Mulford Street; thence East along said South line of street a distance of 2.03 feet to the point of beginning.

Except and Reserving, however, unto the Grantor, its lessees, licensees, successors and assigns, the right to continue to protect, maintain, operate, and use any and all existing dreunage, driveways, conduits, sewers, water mains, gas lines, electric power lines, communication lines, wires and other utilities, and easements of any kind whatsoever on said premises, including the repair, reconstruction and replacement thereof.

Reserving, however, to said Grantor, and to its successors and assigns forever, the right, not only to maintain and operate its present railroad tracks and facilities, as now located within the limits of the real estate hereinabove described, but also the right to construct, maintain and operate at emy and all time or times such additional railroad tracks and facilities as said Grantor, or its successors, lessees, licensees or assigns may in the future desire.

By the acceptance of this conveyemce, the Grantee, its successors and assigns, hereby agrees to emd does henceforth indemnify emd save heirmless. Grantor, its successors and assigns, from emd against emy and all losses, claims, demands, suits, or liabilities arising by reason of the injury to or death of any person whomsoever, the retaining wall, or by reason of any other activities conducted by the Grantee, its employees, agents and contractors, while on or above the eiforesaid premises, and for any and all losses, claims, demands, suits or liabilities arising by reason of the loss or damage to the property of any person whomsoever, in connection with the existence, maintenance, repair or replacement of the retaining wall, or by reason of any other activities conducted by the Grantee, its employees, agents and contractors, while on or about the adbresaid premises.


It is hereby expressly provided that the Gremtor shall not be put to any expense in and about the cost of acquiring, constructing, grading, paving, or other things necessary or expedient for the improvement, maintenance or use of said described real estate or any part thereof as a retaining wall.

Dated this . day of , 19 .


SECTION 2. That this ordinance shall be in force and effect from and after its passage.

On motion of Aldermem Banks, the foregoing proposed ordinamce was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheaham, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Nateirus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Nays — None.

Alderman Nateurus moved to reconsider the foregoing vote. The motion was lost.

APPROVAL FOR PAYMENT OF JUDGMENT ORDER IN CONNECTION WITH ACQUISITION OF PROPERTY

FOR HOWARD-DAN RYAN TRANSIT LINE IMPROVEMENT.

The Committee on Lemd Acquisition and Disposition submitted a report recommending that the City Council pass the following proposed order transmitted therewith:

Ordered, That the recommendations of the Commissioner of Public Works contained in his communication of Jemuary 14, 1985, recommending the approval of payment of the Judgment Order in connection with the acquisition of property for the construction of the Howard-Dan Ryem Tremsit Line Improvement as hereineifter listed, are hereby approved; and the City Comptroller emd City Treasurer are hereby authorized and directed to pay to the County Treasurer, the amount set forth together with accrued interest and court costs, ifany, when approved by the Commissioner of Public Works from Fund 051-6210-859.

Parcels Address Amount

9,9AEand9TE 222 North Chicago, $65,000.00. Evanston, Illinois

On motion of Alderman Banks, the foregoing proposed order was Passed by yeas and nays as follows:


Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Neurdulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natau-us, Obermem, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Nays — None.

Alderman Natarus moved to reconsider the foregoing vote; The motion was lost.

AUTHORITY GRANTED FOR EXECUTION OF EASEMENT AGREEMENT BETWEEN CITY AND VILLAGE OF NORRIDGE FOR

CONSTRUCTION ON O'HARE REINFORCEMENT WATER MAIN.



SECTION 1. That the Mayor be emd is hereby authorized and directed to execute, the Commissioner of Water to approve, the City Clerk to attest emd the City Comptroller to accept and file for record, upon approval by the Corporation Counsel as to form and legality, a certedn Agreement by and between the City of Chicago and the Village of Norridge, whereby sedd Village shall convey to the City of Chicago a permanent easement for the limited purpose of installing, operating and maintaining a sixty (60) inch water main across and under W. Foster Avenue between N. Overhill Avenue and N. Canfield Road (to the south), which Agreement is substemtially in the following form:

This Agreement made emd entered into by emd between the City ofChicago, in the State of Illinois (hereineifter sometimes called the "City") and the Village of Norridge (hereinafter sometimes called the "Village").

Witnesseth:

Whereas, the Village of Norridge, a municipality incorporated in and under the laws of the State of Illinois, is the fee simple owner of lemd bounded on the east by a line on and parallel to the centerline of N. Overhill Avenue, on the west by a line on and parallel to the centerline of N. Canfield Road (to the south), on the south by a line parallel to and twenty (20) feet south of the centerline of Foster Avenue emd on the north by a line parallel to and on the centerline of Foster Avenue situated in Cook County, Illinois; and

Whereas, the City of Chicago, a municipality incorporated in and under the laws of the State of Illinois, desires to acquire a permanent easement across and under said property hereinbefore described for the limited purpose of installing, operating and maintaining a sixty (60) inch water main on the centerline of Foster Avenue; and


Whereas, the Village desires to cooperate with the City of Chicago and to grant the aforesaid permanent easement; and

Whereas, the Village has the power to enter into this Agreement and to grant the eiforesedd permanent easement; and

Whereas, the City of Chicago has the power to enter into this Agreement and to make emd perform the promises hereinadler made; now, therefore.

In consideration of the premises and the mutual promises of the peurties hereto, it is hereby agreed as follows:

Article I

The Village shall convey to the City of Chicago a permanent easement for the limited purpose of installing, operating and maintaining a sixty (60) inch water main across and under a peurcel of land bounded on the east by a line on and peurallel to the centerline of N. Overhill Avenue, on the west by a line on emd parallel to the centerline of N. Canfield Road (to the south), on the south by a line parallel to emd twenty (20) feet south ofthe centerline of Foster Avenue, amd on the north by a line on amd parallel to the centerline of Foster Avenue in Cook County, Illinois, said conveyamce shall be attached hereto and made a peurt hereofas Exhibit "A".

Article n

The City of Chicago shall save and keep the Village harmless from emy and all liability resulting from any and all damages caused by the installation, operation and maintenance ofthe subject water main.

The Village shall notify the City promptly of each amd every claim for such damages. No settlement of any such cladm shall be made without the prior written consent of the City. The Village shall promptly notify the City ofthe filing of any action for such damages. The City may participate in the defense of any such action if it elects to do so.

In the event a judgment is rendered against the Village for any such damages, the Village shall, upon the request of counsel for the City, teike all necessary and proper steps to perfect an appeal or appeals to any courts of review and shall prosecute such appeal or appeals with all due diligence and shall permit counsel for the City to take part in the conduct of such case on appeal in any court of review if it elects so to do. The payment of emy such claim or judgment by the Village and reasonable costs incurred in connection with such claims and actions shall be cheirgeable by the Village to the City of Chicago.

Article IU

The City shall construct the subject water main in accordance with the plan, design and specifications set forth on Exhibit "B" attached hereto and made a part hereof

Article IV

This Agreement shall be executed in six (6) counterparts, each of which shall be deemed to be an original, and all such counterparts together shall constitute but one and the same


Agreement. The City of Chicago shall file this Agreement for record in the Office of the Recorder of Deeds for Cook County, Illinois.

In Witness Whereof, the City of Chicago, pursuant to authority granted by its City Council, has caused this Agreement to be signed by its Mayor, attested by its City Clerk, approved by its Commissioner of Water, accepted by its Comptroller, its Corporate Seal hereto eiffixed and approved by the Corporation Counsel; and the Village of Norridge in the State of Illinois, has caused this Agreement to be signed in its name by its Mayor, its Corporate Seal to be hereunto adfixed and attested by its Village Clerk all as of this

day of , 19 .


Exhibit "A" atteiched to this Agreement reads as follows:

This Indenture Witnesseth, that the Grantor, the Village of Norridge, for and in consideration of One Dollar ($1.00) emd other good and valuable consideration in hand paid, does hereby gramt and convey unto the City of Chicago, Illinois, a permanent easement for the purpose of installing, operating and madntaining a water main across and under a parcel of land bounded on the east by a line on and parallel to the centerline of N. Overhill Avenue, on the west by a line on and parallel to the centerline of N. Canfield Road (to the south), on the south by a line peurallel to amd twenty (20) feet south ofthe centerline of Foster Avenue emd on the north by a line on and parallel to the centerline of Foster Avenue situated in Cook County, Illinois.

In Witness Whereof, said Grantor has caused its name to be signed to these presents by its Mayor and its Village Clerk this 14th day of November, A.D., 1984.


Exhibit "B" printed on page 13364 of this Journal.

SECTION 2. This ordinance shall be in force emd effect from emd eifter the date of its passage.

>i


yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheadian, Kelley, Sherman, Stemberk, krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone ~ 47.

Nays - None.



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AUTHORITY GRANTED FOR EXECUTION OF EASEMENT AGREEMENT BETWEEN CITY AND VILLAGE OF HARWOOD HEIGHTS FOR

CONSTRUCTION ON MAYFAIR-O'HARE REINFORCEMENT WATER MAIN.

The Committee on Lemd Acquisition and Disposition submitted a report recommending that the City Council pass the following proposed ordinance tremsmitted therewith:


SECTION 1. That the Mayor be emd is hereby authorized emd directed to execute, the Commissioner of Water to approve, the City Clerk to attest emd the City Comptroller to accept emd file for record, upon approval by the Corporation Counsel as to form and legality, a certedn Agreement by and between the City of Chicago and the Village of Harwood Heights, whereby said Village shall convey to the City of Chicago a permanent easement for the limited purpose of installing, operating and maintaining a sixty (60) inch water medn in W. Foster Avenue between N. Heu-lem Avenue and N. Oriole Avenue, which Agreement is substantially in the following form:

This Agreement made emd entered into by and between the City of Chicago, in the State of Illinois (hereinafter sometimes calleci the "City") emd the Village of Harwood Heights (hereineifter sometimes called the "Village").

Witnesseth:

Whereas, the Village of Harwood Heights, a municipality incorporated in and under the laws of the State of Illinois, is the fee simple owner of lemd bounded on the east by a line parallel to and on the centerline of N. Heirlem Avenue, on the west by a line peirallel to and on the centerline of N. Oriole Avenue, on the south by a line peurallel to and twenty (20) feet south of the centerline of Foster Avenue, amd on the north by a line parallel to and on the centerline of Foster Avenue situated in Cook County, Illinois; and

Whereas, the City ofChicago, a municipality incorporated in and under the laws ofthe State of Illinois, desires to acquire a permanent easement across and under said property hereinbefore described for the limited purpose of installing, operating and maintaining a sixty (60) inch water meiin on the centerline of Foster Avenue; and

Whereas, the Village desires to cooperate with the City of Chicago and to grant the eiforesedd permanent easement; and

Whereas, the Village has the power to enter into this Agreement and to grant the eiforesaid permanent easement; and

Whereas, the City of Chicago has the power to enter into this Agreement and to make and perform the promises hereineifter made, now, therefore.


In consideration of the premises and the mutual promises of the parties hereto, it is hereby agreed as follows:

Article I

The Village shall convey to the City of Chicago a permanent easement for the limited purpose of installing, operating and medntaiining a sixty (60) inch water main across emd under a pau'cel of lemd bounded on the east by a line peu'allel to emd on the centerline of N. Heurlem Avenue, on the west by a line parallel to and on the centerline of N. Oriole Avenue, on the south by a line parallel to amd twenty (20) feet south of the centerline of Foster Avenue, and on the north by a line peirallel to and on the centerline of Foster Avenue and situated in Cook County, Illinois, said conveyemce shall be attached hereto and madea part hereofas Exhibit "A".

Article n

The City of Chicago shall save emd keep the Village harmless from any amd all liability resulting from any and all damages caused by the installation, operation and maintenance ofthe subject water main.

The Village shall notify the City promptly of each and every claim for such damages. No settlement of any such cledm shall be made without the prior written consent of the City. The Village shall promptly notify the City ofthe filing of any action for such damages. The City may participate in the defense of any such action if it elects to do so.

Ln the event a judgment is rendered against the Village for any such damages, the Village shall, upon the request of counsel for the City, take all necessary amd proper steps to perfect an appeal or appeals to any courts of review and shall prosecute such appeal or appeals with all due diligence and shall permit counsel for the City to take pau't in the conduct of such case on appeal in any court of review if it elects so to do. The payment of any such cledm or judgment by the Village and reasonable costs incurred in connection with such claims and actions shall be chargeable by the Village to the City ofChicago.

Article IH

The City shall construct the subject water medn in accordance with the plan, design and specifications set forth on Exhibit "B" attached hereto and made a part hereof.

Article IV

This Agreement shall be executed in six (6) counterparts, each of which shall be deemed to be an original, emd all such counterparts together shall consitute but one and the same Agreement. The City of Chicago shall file this Agreement for record in the Office of the Recorder of Deeds for Cook County, Illinois.

In Witness Whereof, the City of Chicago, pursuant to authority granted by its City Council, has caused this Agreement to be signed by its Mayor, attested by its City Clerk, approved by its Commissioner of Water, accepted by its Comptroller, its Corporate Seal hereto edfixed and approved by the Corporation Counsel; and the Village of Harwood Heights in the State of Illinois, has caused this Agreement to be signed in its name by its

2/4/85 REPORTS OF COMMTTTEES. 13367

Mayor, its Corporate Seal to be hereunto affixed and attested by its Village Clerk, all as of this day of , 19 .


Exhibit "A" attached to this Agreement reads as follows:

This Indenture Witnesseth, that the Gremtor, the Village of Harwood Heights, for and in consideration of One Dolleur ($1.00) emd other good emd valuable consideration in hemd paid, does hereby gramt and convey unto the City of Chicago, Illinois, a permanent easement for the purpose of installing, operating and maintaining a water main across and under a parcel of land bounded on the east by a line peu-allel to emd on the centerline of N. Harlem Avenue, on the west by a line peiraillel to and on the centerline of N. Oriole Avenue on the south by a line peu'allel to emd twenty (20) feet south of the centerline of Foster Avenue and on the north by a line peurallel to and on the centerline of Foster Avenue situated in Cook County, Illinois.

In Witness Whereof, said Gremtor has caused its name to be signed to these presents by i ts Mayor and i t s Vi l lage Cle rk ' th i s day of

1 J A . D . , 19 .


[Exhibit "B" printed on page 13368 of this Journal.]

SECTION 2. This ordinance shall be in force and effect from and after the date of its passage.


Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheeihan, Kelley, Shermem, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natau'us, Oberman, Hamsen, McLaughlin, Orbach, Schulter, Volini, Orr, S tone-47.

Nays — None.

Aldermem Natarus moved to reconsider the foregoing vote. The motion was lost.

AUTHORITY GRANTED FOR EVEN EXCHANGE OF LAND BETWEEN CHICAGO,PARK DISTRICT AND BOARD

OF EDUCATION FOR 'PROPERTY LOCATED AT 5617 SOUTH NARRAGANSETT AVENUE.


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The Committee on Land Acquisition and Disposition submitted a report recommending that the City Council pass the following proposed ordinance tremsmitted therewith:

WHEREAS, The Board of Education ofthe City ofChicago has requested that there be an even exchamge of lemd between the Board of Education emd the Chicago Peu'k District at he N. Northeasterly Corner of North Ottawa Avenue and Northwest Highway. The Board of Education presently owns a site which has 214.0 feet on North Northwest Highway and 144.0 feet on N. Ottawa Avenue, which is improved with em old school house emd has been leased to the Chicago Peu-k District since October 1,1936. The Chicago Park District owns a tract of lemd to the south of Kennedy High School, which will relieve the parking problems at this school; emd

WHEREAS, The Board of Education ofthe City ofChicago at its regular meeting held October 10, 1984, by vote of not less than two-thirds of the full membership order and request in writing the City Council ofthe City ofChicago, to sell emd convey in the manner provided by statute from the City ofChicago In Trust For The Use of Schools to the Chicago Park District, a body politic emd corporate, the following described real estate, hereineifter described; now, therefore.

Belt Ordained by the City Council ofthe City of Chicago:

SECTION 1. Thiat the following described real estate, to-wit:

Northwesterly seven feet of Lot 31 emd all of Lots 32-39 both inclusive, in Block 13 of Edison Park being a Subdivison ofthe Southwest queu-ter ofSection 36, Township 41, Range 12, East ofthe Third Principal Meridian in Cook County, Illinois

which real estate is not used for emy school purpose, is no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the Board of Education of the City ofChicago and/or the City ofChicago.

SECTION 2. That in consideration of an even exchange of the above described school lemd to be conveyed to the Chicago Park District by the City of Chicago In Trust For The Use of Schools, the Boeurd of Education authorizes the acquisition of suitable deed of conveyance of title from the Chicaigo Peirk District, the real estate hereinedler described, which is necessary emd convenient to convey, use amd improve for school purposes. The following described real estate to-wit:

Beginning at the point of intersection of the South line of West 56th Street and East line of S. Narragansett Avenue; thence South along the East line of South Naurragansett Avenue to a point 158:50 feet, which is the point of beginning; thence East emd parallel with the South line of W. 56th Street a distance of 370.0 feet; thence South and parallel to the East line of South Narragansett Avenue a distance of 65.0 feet; thence west and parallel to the South line ofWest 56th Street a distance of 370.0 feet; thence North on the East line of S. Narragansett Avenue to the point of beginning containing 24,050 square feet all in the Northwest quarter of Section 17, Township 38 North, Range 13 East of the Third Principal Meridian in the City of Chicago, County of Cook, State of Illinois, feet; thence North on the East line ofS.


Narragamsett Avenue to the point of beginning containing 24,050 square feet all in the Northwest quarter ofSection 17, Township 38 North, Range 13 East ofthe Third Principal Meridiam in the City ofChicago, County of Cook, State oflllinois.

SECTION 3. That the Mayor and the City Clerk ofthe City ofChicago be and they are hereby authorized and directed to execute proper deed of conveyance of said described property to the Chicago Park District, a municipal corporation.

SECTION 4. This ordinance shall be in force and effect from and eifter its passage and approval.

On motion of Aldermem Banks, the foregoing proposed ordinance was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Shermem, Stemberk, Krystyniadc, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natau'us, Obermem, Hemsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Nays — None.


CITY COMPTROLLER AUTHORIZED TO ADVERTISE FOR SALE PARCELS OF CITY-OWNED PROPERTY AT

SUNDRY LOCATIONS.

The Committee on Lemd Acquisition amd Disposition submitted thirty-eight proposed ordinemces (under sepau-ate committee reports) recommending that the City Council pass said proposed ordinances tramsmitted therewith to authorize advertisement for sale of City-owned property at simdry locations.

On sepeirate motions made by Alderman Banks, each of the said proposed ordinances was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Sherman, Stemberk, Krystyniak, Henry, Nairdulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone - 47.

Nays - None.

Aldermem Natau'us moved to reconsider the foregoing vote. The motion was lost.


Said ordinemces as passed read respectively as follows (the italic heading in each case not being a part ofthe ordinance):

6148-6150 South Aberdeen Street.

Be It Ordained by the City Council ofthe City ofChicago:^

SECTION 1. The City Comptroller is authorized to advertise for sale the following pau'cel of vacemt property which is no longer necesseuy, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said peurcel is described as follows:

Lot 19 in Jerberg's Subdivision of the East half of the North 15 acres emd Lot 20 in Jerberg's Subdivision ofthe East half of the North 5 acres ofthe East half of the West half of the Southwest queirter of the Southeast quarter of Section 17, Township 38 North, Range' 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 6148-6150 South Aberdeen Street, Permanent Tax Nos. 20-17-417-035 and 036).

* Subject to covenants, zoning and building restrictions, easements emd conditions, if any,

ofrecord.

Bidders shall furnish economic disclosure statement, as per City ordinance. Chapter 26.1 Municipal Code.

Bids for purchase of sedd property are to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinance shall take effect and be in full force from and eifter date of its passage.

6146-6148 South Ada Street.

BeltOrdainedby the City Council of the City ofChicago;

SECTION 1. The City Comptroller is authorized to advertise for sale the following peurcel of vacamt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

Lots 34 emd 35 in Block 2 in Richeird S. Cox, Jr.'s Subdivision of 10 acres in the Southeast queurter ofthe Southwest quarter ofSection 17, Township 38 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 6146-6148 South Ada Street, Permanent Tax Nos. 20-17-320-043 and 044).

Subject to covenamts, zoning emd building restrictions, easements emd conditions, Lf any, ofrecord.



Bids for purchase of said property are to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This: ordinance shall teike effect emd be in full force from and afterdate of its passage.

3348 South Calumet Avenue.

BeltOrdainedby the City Council ofthe City ofChicago:

SECTION 1. The City Comptroller is authorized to advertise for sale the following pau'cel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

Lot 27 in Cheurles Cleaver's Subdivision of Lots 3 to 6 in Block 2 in Dyer and Davisson's Subdivision of the Southeastil 1/4 of the Northwest 1/4 of Section 34, Township 39 North, Ramge 14, East of the'Third Principal Meridiem, in Cook County, Illinois (commonly knows as 3348 South Calumet Avenue, Permanent Tax No. 17-34-122-081). -'• ;

Subject to 1971 through 1978 open teixes.

Subject to covenants, zoning and building restrictions, easements and conditions, ifany, ofrecord.

Bidders shall furnish economic disclosure statement, as per City ordinance. Chapter 26.1 Mimicipal Code.

Bids for purchase of sedd property eu-e to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinance shall take effect and be in full force from and after date of its passage.

4237-4239 South Calumet Avenue.


SECTION 1. The City Comptroller is authorized to advertise for sale the following peircel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City:i of Chicago. Said parcel is described as follows:


Lot 4 emd the South 18 feet of Lot 3 in,Subdivision of Lots 25 to 36 and Lots 61 to 72 in A. J. Averill's Subdivision of the Southeast quarter of the Southeast quarter of the Northwest quarter in Section 3, Township 38 North, Remge 14, East of the Third Principal Meridiem, in Cook County, Illinois (commonly known as 4237-4239 South Calumet Avenue, Permanent Tax No. 20-03-123-014).

Subject to covenamts, zoning and building.restrictionSj easements and conditions, ifany, ofrecord.


Bids for purchase of said property aire to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.


5153-5155 South Calumet Avenue.

Be ItOrdained by the City Council ofthe City ofChicago:

SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sedd parcel is described as follows:

The North 53 feet of the West 150 feet of Lot 15 in E. Bayley's Subdivision of the North half of the Northeast queu-ter ofthe Southwest quarter ofSection 10, Township 38 North, Ramge 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 5153-5155 South Calumet Avenue, Permanent Tax No. 20-10-306-016).

Subject to covenemts, zoning emd building restrictions, easements and conditions, ifany, ofrecord.

Bidders shall furnish economic disclosure statement, as per City ordinemce. Chapter 26.1 Mimicipal Code.

Bids for purchase of sadd property are to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinamce shall take effect and be in full force from and eifter date of its passage.

1832-1834 South Carpenter Street.



SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacemt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sadd peurcel is described as follows:

Lots 4 amd 5 in Sub-Block 8 in Walsh & McMullen's Subdivision ofthe South 3/4 ofthe Southeast 1/4 ofSection 20, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 1832-1834 South Carpenter Street, Permanent Tax Nos. 17-20-409-024 and 025).

Subject to covenemts, zoning emd building restrictions, easements and conditions, if amy, ofrecord.

Bidders shall furnish economic disclosure statement, as per City ordinance, Chapter 26.1 Municipal Code.


SECTION 2. This ordinemce shall take effect a nd be in full force from and after date of its passage.

1233 North Cleaver Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacamt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said peircel is described as follows:

Lot 22 in Block 1 in Meyerhoffs Subdivision of the North half of Block 13 in Cemal Trustee's Subdivision of the West half of Section 5, Township 39 North, Range 14, East of the Third Principal Meridian, in. Cook County, Illinois (commonly known as 1233 North Cleaver Street, Permanent Tax No. 17-05-124-011).

Subject to covenants, zoning emd building restrictions, easements and conditions, if emy, ofrecord.


Bids for purchase of said property are to be solicited emd bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinance shall take effect and be in full force from and afler date of its passage.


1922-1924 Desplaines Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the following pau'cel of vacant property which is no longer necesseiry, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Seud parcel is described as follows:

Lot 4 in Assessor's Division of Lots 11,12 amd 17 in Subdivision of Lot 1 in Block 38 in Carnal Trustees Subdivision ofthe West half of Section 21, Township 39 North, Range 14, East of the Third Principal Meridian' in Cook County, Illinois (commonly known as 1922-1924 Desplaines Street, PermanentTax No. 17-21-322-023).

Subject to covenants, zoning amd building restrictions, easements and conditions, ifany, ofrecord.


Bids for purchase of sedd property are to be solicited emd bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinemce shall tadte effect and be in full force from and afler date of its passage.

1932 South Desplaines Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacemt property which is no longer necesseu-y, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

The South 10 feet of Lot 18 and the North 10 feet of Lot 23 in Stinson's Subdivision of Lot 1 in Block 38 in the Cemal Trustees' Subdivision ofthe West 1/2 and so much ofthe Southeast 1/4 as lies West of thei South Bremch of the Chicago River in Section 21, Township 39 North, Range 14, Eaist ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 1932 South Despleunes Street, Permanent Tax No. 17-21-322-026).

Subject to covenants, zoning and building restrictions, easements and conditions, Lf any, ofrecord.





2144 West Dickens Avenue.


SECTION 1. The City Comptroller is authorized to advertise for sale the following peurcel of vacemt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said peurcel is described as follows:

Lot 47 in Block 6 in Sherman's addition to Holstein in Section 31, Township 40 North, Range 14, East of the Third Principal Meridiem, in Cook County, Illinois (commonly known as 2144 West Dickens Avenue, Permanent Tax No. 14-31-130-022).

Subject to covenemts, zoning emd building restrictions, easements and conditions, if any, ofrecord.


Bids for purchase of sedd property are to be solicited amd bidding forms shall be obtained from the City Comptroller who is authorized to prepeu'e such bidding forms.

SECTION 2. This ordinance shall take effect emd be in full force from and edler date of its passage.

1001 -1007 West Division Street! 1148-1174 North Hickory Avenue.

SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necesseiry, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

The North half of Lot 31, and all of Lots 32 to 34 in Block 76 in Elston Addition to Chicago, in Section 5, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 1001- 1007 West Division Street/1148-1174 North Hickory Avenue, Permanent Tax No. 17-05-402-023).

Subject to covenemts, zoning and building restrictions, easements amd conditions, if any, ofrecord.



Bids for purchase of said property are to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepeire such bidding forms.

SECTION 2. This ordinemce shall take effect and be in full force from and eifter date of • its passage.

864-868-870 North Elston Avenue.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacemt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

Lots 43,46 emd 47 in Block 11 in Elston Addition to Chicago, a Subdivision in Section 5, Township 39 North, Ramge 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 864-868-870 North Elston Avenue, Permanent Tax Nos. 17-05-412-051,050 and 049).

Subject to covenants, zoning and building restrictions, easements and conditions, if any, ofrecord.


Bids for purchase of sadd property are to be solicited and bidding forms shall be obtedned from the City Comptroller who is authorized to prepare such bidding forms.


1421 West Erie Street.



Lot 9 in Block 12 in Bickerdike's Addition to Chicago in Section 8, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 1421 West Erie Street, Permanent Tax No. 20-17-217-048).


Subject to covenemts, zoning emd building restrictions, easements and conditions, if any, ofrecord.

Bidders shall furnish economic disclosure statement, as per City ordinance, Chapter 26.1 Municipal Code.

•I •

Bids for purchase of sedd property eu-e to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinemce shall take effect and be in full force from and eifter date of its passage.

6117 South Greenwood Avenue.



The North 1/2 of Lot 21 in the Subdivision of Block 2 in Charles Busby's Subdivision of the South 1/2 of the Southwest 1/4 (except 2-1/2 Acres) of Section 14, Township 38 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 6117 South Greenwood Avenue, Permanent Teix No. 20-14-311-006).

Subject to 1979 taxes.

Subject to covenants, zoning and building restrictions, easements amd conditions, if emy, ofrecord.

Bidders shall furnish economic disclosure statement, as per City ordinemce. Chapter 26.1 Municipal Code. |

Bids for purchase of sedd property eu'e to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepeire such bidding forms.

SECTION 2. This ordinemce shall take effect and be in full force from and eifler date of its passage.

6954 South Harvard Avenue.




Lot 4 in Resubdivision of Lots 5,6 and 7 in Block 9 of Subdivision of Lots 5, 6 and the South half of Lot 7 in Block 9 with Lots 1 to 5 in Block 10, Normal School Subdivision of the West half of the South East queirter of Division of the West half of the South East queirter ofSection 21, Township 38 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 6954 South Hau-vard Avenue, Permanent Tax No. 20-21- 411-038).

Subject to covenemts, zoning and building restrictions, easements and conditions, if any, ofrecord.


Bids for purchase of sedd property eire to be solicited and bidding forms shall be obtedned from the City Comptroller who is authorized to prepare such bidding foriris.

SECTION 2. This ordinemce shall take efTect and be in full force from emd eifter date of its passage.

6210 South May Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the following peu-cel of vacemt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sadd pau'cel is described as follows:

Lot 42 in the Subdivision ofthe West 1/2 of the Southwest 1/4 ofthe Southwest 1/4 of the Southeast 1/4 of Section 17, Township 38 North, Range 14, East of the Third Principal Meridiem, in Cook County, Illinois (commonly known as 6210 South May Street, PermanentTax No. 20-17-424-018).



Bids for purchase of said property are to be solicited and bidding forms shall be obtedned from the City Comptroller who is authorized to prepaue such bidding forms.

SECTION 2. This ordinance shall take effect and be in full force from and eifter date of its passage.


830 South Oakley Boulevard.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necesseiry, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said peircel is described as follows:

The North 25 feet of Lot 9 in Campbell's Subdivision of Block 13 in Morris & Others' Subdivision ofWest 1/2 of Southwest 1/4 ofSection 18, Township 39 North, Range 14, East of the Third Principal Meridiem, in Cook County, Illinois (commonly known as 830 South Oakley Boulevard, Permanent Tax No. 17-18-315-044).

Subject to covenamts, zoning and building restrictions, easements and conditions, Lf emy, ofrecord.


Bids for purchase of sedd property eire to be solicited emd bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinemce shall take effect and be in full force from emd after date of its passage.

1657 West Ohio Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the following peu-cel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sedd parcel is described as follows:

Lot 58 in Forbue Subdivision of part of Block 17 in Canal Trustees' Subdivision in Section 7, Township 39 North, Ramge 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 1657 West Ohio Street, Permanent Tax No. 17-07-223-002).

Subject to covenamts, zoning and building restrictions, easements and conditions, if emy, ofrecord.



Bids for purchase of said property are to be solicited emd bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinance shall take effect and be in full force from emd afler deite of its passage.

14-16 North Parkside Avenue.

Be It Ordainedby the City Council ofthe City ofChicago:

SECTION 1. The City Comptroller is authorized to advertise for'sale the-folio wing peircel of vacamt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said peircel is described as follows:

That part of Lots 39, 30 emd the East 9.5 feet of Lot 41 taken as a Tract, Ijdng North of a line 74 feet North of and parallel with the North line of Madison Street, as widened, all in Block 5 in Henry Waller's Subdivision of the South 43.75 Acres of the East 1/2 of the Southeast 1/4 of Section 8, Township 39 North, Range 13, East of the Third Principal Meridiem, in Cook County, Illinois (commonly known as 14-16 North Parkside Avenue, Permanent Tax No. 16-08-422-034).

Subject to covenamts, zoning and building restrictions, easements and conditions, if any, ofrecord.



SECTION 2. This ordinance shall take effect emd be in full force from and eifler date of its passage.

1470-1472 North Paulina Street/1709 West LeMoyne Avenue.


SECTION 1. The City Comptroller is authorized to advertise for sale the following paucel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

Lots 1 emd 2 in Block 6 in McReynbld's Subdivision of part of the East 1/2 of the Northeast 1/4, lying North of Milwaiukee Avenue of Section 6, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly


known as 1470-1472 North Paulina Street/1709 West LeMoyne Avenue, Permanent Tax Nos. 17-06-210-040 and 039).

Subject to covenemts, zoning and building restrictions, easements emd conditions, ifany, ofrecord.



SECTION 2. This ordinemce shall take effect and be in full force from and afler date of its passage.

948 North Racine Avenue.

Be ItOrdained by the City Council ofthe City ofChicago:

SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sedd parcel is described as follows:

Lot 39 in Dinet's Subdivision of the East half of Block 24 in Canal Trustee's Subdivision of the West half of Section 5, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 948 North Racine Avenue, Permanent Tax No. 17-05-318-029).




SECTION 2. This ordinance shall tedce effect and be in full force from and eifler date of its passage.

7827-7829 South Racine Avenue.



SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said peircel is described as follows:

Lots 33, 34 emd 35 (except the North 1.28 feet thereof) in Fisher emd Miller's 1st Addition to West Auburn, being ei Subdivision of Block 25 in the Subdivision of the South East 1/4 of Section 29, Township 38 North, Range 14 East ofthe Third Principal Meridian, (except the North 99 feet thereof) in Cook County, Illinois (commonly known as 7827-7829 South Racine Avenue, Permanent Tax No. 20-29-424-039);

Subject to covenamts, zoning emd building restrictions, easements and conditions, ifany, ofrecord.


Bids for purchase of said property eire;to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepeure such bidding forms.

SECTION 2. This ordinemce shall take'ieffiect and be in full force from and eifler date of its passage.

3911-3913 West Roosevelt Road.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

J I • •

Lots 6 and 7 in Block 2 of Frank Wells and Company's Bouleveird Subdivision of the Northwest 1/4 ofthe Northwest l/4 ofSection 23, Township 39 North, Range 13, East of the Third Principal Meridiem, in Cook County, Illinois (commonly known as 3911-3913 West Roosevelt Road, Permanent Tax No. 16-23-101-006).



•i

Bids for piurchase of said property eire to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinance shall take effect and be in full force from and adler date of its passage.


3917 West Roosevelt Road.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necesseuy, appropriate, required for the use of, profitable to or for the best interest ofthe City ofChicago. Sedd peu*cel is described as follows:

Lot 4 in Block 2 in Frank Wells & Company's Boulevard Subdivision of the Northwest 1/4 of the Northwest 1/4 of Section 23, Township 39 North, Range 13, East ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 3917 West Roosevelt Road, Permanent Tax No. 16-23-101-004).

Subject to covenemts, zoning amd building restrictions, easements and conditions, ifany, ofrecord.

Bidders shall furnish economic disclosure statement, as per City ordinemce. Chapter 26.1 Municipal Code.

Bids for purchase of sedd property eire to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinance shall tedce effect amd be in full force from emd edler date of its passage.

1930 South Shelby Court.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacamt property which is no longer necesseury, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said paucel is described as follows:

The East 1/2 of Lot 23 in the Subdivision of Block 13 in Walsh & McMullen's Subdivision of the South 3/4 of the Southeast 1/4 of Section 20, Township 39 North, Remge 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 1930 South Shelby Court, Permanent Tax No. 17-20-423-023).

Subject to covenemts, zoning and building restrictions, easements and conditions, if any, ofrecord. ;



Bids for purchase of sedd property eire to be solicited and bidding forms shall be obtedned from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinance shall teike effect and be in full force from and afler date of its passage.

1601-1609 South Trumbull Avenue.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacemt property which is no longer necesseu-y, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

Lots 45,46,47 and 48 in Block 1 in Trumbull's Subdivision of that part of the East 1/2 ofthe West 1/2 ofthe Southeast 1/4 ofSection 23, Township 39 North, Range 13 East ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 1601-1609 South Trumbull Avenue, Permanent Tax Nos. 16-23-403-001 and 002).

Subject to covenemts, zoning emd building restrictions, easements and conditions, Lf any, ofrecord.



SECTION 2. This ordinance shall take effect emd be in full force from and eifter date of its passage.

4919 South Vincennes Avenue.


SECTION 1. The City Comptrollesr is authorized to advertise for sale the following peu'cel of vacemt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sedd parcel is described as follows:

Lot 1 in Fitzpatrick's Subdivision of part of the Northeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 10, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 4919 South Vincennes Avenue, Permanent Tax No. 20-10-217-009).


Subject to covenamts, zoning and building restrictions, easements and conditions, if emy, ofrecord.



SECTION 2. This ordinemce shall teike effect and be in full force from emd eifler date of its passage.

3008-3018 West Washington Boulevard.


SECTION 1. The City Comptroller is authorized to advertise for sale the following peircel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

Lots 130, 131, 132, 133 and 134 in Flint's Addition to Chicago, in the South West queirter of Section 12, Township 39 North, Remge 13, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 3008-3018 West Washington Boulevard, Permanent Tax Nos. 16-12-320-014, 015,016 and 017).

Subject to emy open back teuces.



Bids for purchase of said property aue to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinemce shall take effect and be in full force from amd eifter date of its passage.

1701 North Washtenaw Avenue.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necessary, appropriate, required for the use of.


profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

Lot 24 in Fairfield & Tudor's Subdivision of the West half of Block 5 in Bordens Subdivision of the West half of the South East queu-ter of Section 36, Township 40 North, Ramge 13 East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 1701 North Washtenaw Avenue, Permanent Teix No. 13-36-419-024).



Bids for purchase of sadd property aue to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepeure such bidding forms.

: :i SECTION 2. This ordinamce shall teike effect and be in full force from and edler date of

its passage.

11401 South Watkins Avenue.


SECTION 1. The City Comptroller is authorized to advertise for sale the following peircel of vacamt property which is no longer necesseuy, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sedd peircel is described as follows:

Lots 34 emd 35 in Block 88 in Washington Heights, according to Plat recorded June 27, 1872 as Document 39778, Book two of Plats Pages 45, 46 and 47 in Section 19, Township 37 North, Ramge 14, Eeist ofthe Third Principal Meridian, in Cook County, Illinois (center and rear of building), (commonly known as 11401 South Watkins Avenue, Permanent Tax No. 25-19-227-001).

Subject to covenants, zoning emd building restrictions, easements and conditions, if any, ofrecord.


•' ' i

Bids for purchase of said property eire to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinance shall take effect and be in full force from and eifler date of its passage.


5041 North Winthrop Avenue.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

The South 37 1/2 feet of Lot 5 in Block 7 of Argyle being a Subdivision of Lots 1 and 2 of Fussey emd Finnimores Subdivision ofthe South Eaist fractional quarter of Section 8, Township 40 North, Remge 14, and Lots 1 and 2 of Colehour and Conarroes-Subdivision of Lot 3 of sedd Fussey and;Fennimore Subdivision edbresadd in Cook County, Illinois (commonly known as 5041 North Winthrop Avenue, Permanent Tax No. 14-08-405-005).

Subject to covenants, zoning and building restrictions, easements emd conditions, ifany, ofrecord.


Bids for purchase of sedd property are to be solicited and bidding forms shall be obtedned from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinemce shall tadce effect and be in full force from and adler date of its passage.

211 South Wood Street/1759 West Adams Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacemt property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sadd parcel is described as follows:

Lot 1 in Ilett amd Hairtwell's Subdivision of Lots 1 to 9 in Walker's Resubdivision of Block 17 in Smith's Subdivision of Northeast 1/4 ofthe Northeast 1/4 ofthe Southeast 1/4 ofthe Northeast 1/4 ofSection 18, Township 39 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 211 South Wood Street/1759 West Adams Street, Permanent Tax No. 17-18-220-001).

Subject to covenemts, zoning and building restrictions, easements and conditions, ifany, ofrecord.




SECTION 2. This ordinemce shall take effect amd be in full force from and afler date of its passage.

436 East 49th Street.

Be It Ordained by the City Council of the City ofChicago:

SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacamt property which is no longernecesseu-y, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sedd parcel is described as follows:

The East 1/2 of Lot 6 in Block 2 in Snow emd Dickenson's Subdivision of that part of the South 1/2 of the Northwest l/4 of the Northeast 1/4 of Section 10, Township 38 North, Ramge 14, East of the Third Principal Meridian lying West of Vincennes Avenue, in Cook County, Illinois (commonly known as 436 East 49th Street, Permanent Tax No. 20-10-208-029).

Subject to covenants, zoning emd building restrictions, easements emd conditions, ifany, ofrecord.


Bids for purchase of said property eir e to be solicited and bidding forms shall be obtained from the City Comptroller who is authorized to prepaue such bidding forms.

SECTION 2. This ordinamce shall tadce effect and be in full force from and eifler date of its passage.

1106-1108 West58th Street/5758 South Aberdeen Street.

Be It Ordained by the City Councilof the City ofChicago:

SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacamt property which is no longer necesseury, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

The South 8-1/3 feet of Lot 23 and all of Lot 24 in B.F. Jacob's Resubdivision of Block 1 in McCeuthy's Subdivision ofthe West 1/2 ofthe Southwest 1/4 ofthe Northeast 1/4 of Section 17, Township 38 North, Range 14, East ofthe Third Principal Meridiam, in


Cook County, Illinois, (commonly known as 1106-1108 West 58th Street/5758 South Aberdeen Street, Permanent Tax No. 17-08-117-007).

Subject to covenamts, zoning and building restrictions, easements emd conditions, if any, ofrecord.



SECTION 2. This ordinance shall teike effect aiid be in full force from and eifter date of its passage.

1231 West 71st Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the following peurcel of vacant property which is no longer necesseury, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sedd peurcel is described as follows:

Lots 11 emd 12 in Block 1 in Weddell emd Cox's Hillside Subdivision in the Northwest queurter of Section 29, Township 38 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 1231 West 71st Street, PermanentTax Nos. 20-29-104-021 and 022).



Bids for purchase of said property eire to be solicited and bidding forms shall be obtedned from the City Comptroller who is authorized to prepaue such bidding forms.

SECTION 2. This ordinemce shall take effect and be in full force from and edler date of its passage.

1300 East 71st Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the following parcel of vacant property which is no longer necessary, appropriate, required for the use of.

2/4/85 REPORTS ;i(DF COMMTTTEES 13391

profitable to or for the best interest of the City of Chicago. Said parcel is described as follows:

Lots 18 to 22 inclusive. Block 4, Scammon & Dickey's Subdivision of that peirt ofthe West half. Southeast quarter of Section 23, Township 38 North, Ramge 14, East of the Third Principal Meridiem, Ijdng East of the Illinois Central Radlroad (except 1 Acre in the Northeast corner thereof), (commonly known as 1300 East 71st Street, Permanent Tax No. 20-23-420-020).

Subject to covenemts, zoning emd building restrictions, easements emd conditions, ifany, ofrecord;

Bidders shall furnish economic disclosure statement, as per City ordinance. Chapter 26.1 Municipal Code. • 'A i

Bids for purchase of sadd property are to be solicited and bidding forms shall be obtadned from the City Comptroller who is authorized to prepare such bidding forms.

SECTION 2. This ordinemce shall take effect and be in full force from and eifter date of its passage.

1138 West 95th Place.

Be It Ordained by the City Council of theCity ofChicago: '[ '•'• ' •

SECTION 1. The City Comptroller is authorized to advertise for sale the following peurcel of vacamt property which is no longer.necessauy, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said paircel is described as follows:

Lots 23 amd 24 in Block 1, in Hett Lynch & Weep's Vincennes Avenue Addition to Washington Heights, a Subdivision; in Northeast 1/4 lying West of Chicago, Rock Island & Pacific Railroad, Section i8,iTownship 37 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 1138 West 95th Place, Permanent Tax No. 25-08-200i 022).

Subject to covenants, zoning emd building restrictions, easements emd conditions, ifany, ofrecord.

Bidders shall furnish economic disclosure statement, as per City ordinamce. Chapter 26.1 Municipal Code. ,; '

I - ' • •


SECTION 2. This ordinance shall take effect emd be in full force from and edler date of its passage.


1317 West 109th Street.


SECTION 1. The City Comptroller is authorized to advertise for sale the, following parcel of vacemt property which is no longer necesseiry, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Said peircel is described as follows:

Lot 7 in Block 10 in Frsmk Timmes Morgein Park Subdivision of Blocks 10 emd 11 and 14 in Street Subdivision ofthe East half. Southwest queu-ter. Section 17, Township 37 North, Ramge 14, East of the Third Principal Meridian, in Cook County, Illinois, (commonly known as 1317 West 109th Street, Permanent Tax No. 25-17-319-018).

Subject to covenamts, zoning and building restrictions, eaisements emd conditions, ifany, ofrecord.


Bids for purchase of said property eire to be solicited emd bidding forms shall be obtedned from the City Comptroller who is authorized to prepeu'e such bidding forms.

SECTION 2. This ordinemce shall take effect emd be in full force from and after date of its passage.

BIDS REJECTED AND CITY COMPTROLLER AUTHORIZED TORE-ADVERTISE FOR SALE PARCELS OF CITY-

OWNED PROPERTY AT SUNDRY LOCATIONS.

The Committee on Land Acquisition and Disposition submitted separate reports recommending that the City Council pass three proposed ordinamces transmitted therewith to reject bids submitted for certedn City-owned property emd to re- advertise same for sale.

On separate motions made by Aldermem Bemks each ofthe said proposed ordinances was Passed by yeas amd nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheadian, Kelley, Shermem, Stemberk, Krystynieik, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen^ McLaughlin, Orbach, Schulter, Volini, Orr, S tone-47.

Nays — None.

Alderman Nateu'us moved to reconsider the foregoing vote. The motion was lost.


Sadd ordinamces as passed read respectiveily as follows (the italic heading in each case not being a paurt of the ordinamce):

4500 South Forrestville Avenue.

BeltOrdainedby the City Council of the City ofChicago:

SECTION 1. The City ofChicago hereby rejects the bid of J. Frank Williams, Jr., 35 South 16th Avenue, Maywood, Illinois tolpurchase for the sum of $50.00, the City-owned vacamt property, previously advertised jpursuant to Coimcil authority passed October 20, 1983, page 2705.

SECTION 2. The City Clerk is authorized to refund the deposit check of the above named bidder.

SECTION 3. The City Comptroller is authorized to re-advertise for sale the following , paucel of vacant City-owned property which is no longer necessary, appropriate, required ,^ for the use of, profitable to or for the best interest of the City of Chicago. Said parcel is

described as follows:

Lot 6 in Cleirk and Trainer's Subdivision of Lots 10 to 13 and North 22 feet of Lot 14 in • Block 2 in John Wilson's Subdivision of the North 4 acres of Lot 1 in Cleaver's emd Taylor's Subdivision ofthe North: 1/2 ofthe South 1/2 ofthe East 1/2 ofthe Southwest 1/4 of the North 1/2 of the South 1/2 of the West 1/2 of the Southeast 1/4 of Section 3, Township 38, North, Remge 14, East ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 4500 South Forrestville Avenue; Permanent Tax No. 20-03-416-023).

Subject to covenemts, zoning amd building restrictions, easements and conditions, if amy, ofrecord.

SECTION 4. This ordinemce shall tieike effect and be in full force from emd eifter date of its passage.

6244 South Laflin Street.


SECTION 1. The City of Chicago hereby rejects the bid of Johnny Ray, 1505 West Geu-field, Chicago, Illinois to purchase for the sum of $500.00, the City- owned vacant property, previously advertised pursuant to Council authority passed February 15, 1984, page 5069.


SECTION 3. The City Comptroller is authorized to re-advertise for sale the following parcel of vacant City-owned property which is no longer necessary, appropriate, required


for the use of, profitable to or for the best interest of the City of Chicago. Said peircel is described as follows:

Lot 18 in Theodore P. Shor's Subdivision ofthe East half of the Southwest quarter of the Southwest que^ter of the Southwest queuter of Section 17, Township 38 North, Remge 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 6244 South Laflin Street, Permanent Tax No. 20-17-326-035).

Subject to covenamts, zoning amd building restrictions, easements and conditions, if any, ofrecord.

SECTION 4. This ordinance shall take effect and be in full force from emd after date of its passage.

406-416 North Leamington Avenue.


SECTION 1. The City of Chicago hereby rejects the bid of Burl Price, Jr. 4115 W. Roosevelt Road, Chicago, Illinois 60624 to purchase for the sum of $15,000.00, the City-owned vacamt property, previously advertised pursuant to Council authority passed January 28,1980, page 2308.


SECTION 3. The City Comptroller is authorized to re-advertise for sale the following parcel of vacant City-owned property which is no longer necessary, appropriate, required for the use of, profitable to or for the best interest of the City of Chicago. Sedd parcel is described as follows:

The South 22 feet of Lot 14 and all of Lots 15 to 17, in Block 3 in Waller's Subdivision ofthe West half of the West half of the Northeast queurter (except the North 22 acres) in Section 9, Township 39 North, Remge 13 East of the Third Principal Meridiem, in Cook County, Illinois (commonly known as 406-416 North Leamington Avenue, Permanent Tax No. 16-09-224-028).

Subject to covenamts, zoning and building restrictions, easements emd conditions, if any, ofrecord.

SECTION 4. This ordinamce shall take effect and be in full force from and edler date of its passage.

ACCEPTANCE OF BIDS FOR PURCHASE OF CITY-OWNED PROPERTY AT SUNDRY LOCATIONS.


The Committee on Land Acquisition and Disposition submitted separate reports recommending that the City Council pass ten proposed ordinances transmitted therewith to authorize the acceptamce of bids for purchase of City-owned property at simdry locations.

On sepeuate motions made by Aldermem Banks, each of the sedd proposed ordinances was Passed by yeas emd nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheeihem, Kelley, Sherman, Stemberk, Krystyniak, Henry, Neurdulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Nateirus, Obermem, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr,-S tone-47 .

Nays — None.

Aldermam Nateurus moved to reconsider the foregoing vote. The motion was lost.

Sedd ordinemces as passed read respectively as follows (the italic heading in each case not being a paut of the ordinance):

9330 South Cottage Grove Avenue.

BeltOrdainedby the City Council ofthe City ofChicago:

SECTION 1. The City of Chicago hereby accepts the bid of Melvin L. Jenkins, 9417 South St. Lawrence, Chicago, Illinois 60619 to purchase for the sum of $5,050.00, the City-owned vacamt property, previously advertised, pursuant to Council authority passed November 23,1983, page 3591 described as follows:

Lot 13 in Block 1 in Burnside, a Subdivision ofthe Southeast 1/4 of the Southeast 1/4 of Section 3 & paurt of the Southwest 1/4 of Section 2, Township 37 North, Range 14, East of the Third Principal Meridiam, in Cook County, Illinois (commonly known as 9330 South Cottage Grove Avenue, Permanent Tax No. 25-03-423-024).

Subject to 1970, 1971, 1975 and 1976 taixes of record and also, to general taxes eifter delivery of quitcladm deed.

Subject to covenants, zoning emd building restrictions, easements emd conditions, if any, ofrecord.

SECTION 2. The Mayor emd the City Clerk are authorized to sign and attest quitcledm deed conveying all interest ofthe City ofChicago in and to said property to sedd purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $550.00 submitted by said bidder to the City Comptroller who is authorized to deliver said Deed to the purchaser upon receipt ofthe balance ofthe purchase price of said property.

SECTION 4. The City Clerk is further authorized emd directed to refund the deposit checks to the unsuccessful bidders for the purchase of said property.


SECTION 5. This ordinance shall be in effect from and afler its passage.

3663 West Grenshaw Street.

Belt Ordained by the City Council ofthe City ofChicago:

SECTION 1. The City ofChicago hereby accepts the bid of Ricardo Isom and L. A. Davis as joint tenemts with right to survivorship, 3701.West Grenshaw Street, Chicago, Illinois to purchase for the sum of $2,050.00, the City-owned vacant property, previously advertised, pursuemt to Council authority passed November 23, 1983, pages 3593 emd 3594 described as follows:

The East 1/2 of Lot 27 in Edweud Casey's Addition to Chicago, a Subdivision of the South 6 acres ofthe Southwest quarter ofthe East half of the Southwest Quarter East of the East line of Garfield Boulevard, in Section 14, Township 39 North, Range 13, East of the Third Principal Meridiam, in Cook County, Illinois (commonly known as 3663 West Grenshaw Street, Permanent Tax No. 16-14-328-016).

Subject to covenants, zoning emd building restrictions, easements and conditions, if any, ofrecord. ii

SECTION 2. The Mayor and the City Clerk eurie authorized to sign and attest quitcledm deed conveying all interest ofthe City of Chicago in emd to sadd property to sadd purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $205.00 submitted by said bidder to the City Comptroller who is authorized to deliver sadd Deed to the purchaser upon receipt ofthe balemce ofthe! purchase price of said property.

SECTION 4. The City Clerk is further authorized emd directed to refund the deposit checks to the unsuccessful bidders for the purchase of sedd property.

SECTION 5. This ordinance shall be in effect from and afler its passage.

3705 West Grenshaiv Street.


SECTION 1. The City ofChicago hereby accepts the bid of Riceirdo Isom and L. A. Davis, joint tenemts with right to survivorship, 37011 West Grenshaw Street, Chicago, Illinois to purchase for the sum of $2,120.00, the City-owned vacant property, previously advertised, pursuemt to Council authority passed November; 23,1984, page 3594 described as follows:

Lot 29 in Edweud Casey Addition to Chicago, being a Subdivision in the East half of the Southwest quarter ofSection 14, Townsbip 39 North, Range 13, East ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 3705 West Grenshaw Street, Permanent Tax No. 16-14-328-013.)



SECTION 2. The Mayor and the City Clerk are authorized to sign and attest quitclaim deed conveying all interest ofthe City ofChicago in emd to said property to said purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $212.00 submitted by sedd bidder to the City Comptroller who is authorized to deliver said Deed to the purchaser upon receipt of the balemce of the purchase price of said property.

SECTION 4. The City Clerk is further authorized and directed to refund the deposit checks to the unsuccessful bidders for the purchase of said property.

SECTION 5. This ordinance shall be in efi'ect from emd afler its passage.

4700-4706 West Jackson Boulevard.

Be It Ordained by the City Council ofthk City ofChicago:

SECTION 1. The City of Chicago hereby accepts the bid of Lena A. Hamlett C.M.E. Church, a religious corporation, 3757 West Douglas, Chicago, Illinois to purchase for the sum of $10,000.00, the City-owned vacemt property, previously advertised, pursuant to Coimcil authority passed November 23,1983, page 3596 described as follows:

Lots 46, 47 emd 48 in Block 6 in Hobeu-t's Subdivision of the Northwest quarter of the Northwest quarter of Section 15, Township 39 North; Range 13, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 4700-4706 West Jackson Boulevard, Permanent Tax No. 16-15-108- 038).

Subject to covenemts, zoning emd building restrictions, easements and conditions, ifany, ofrecord.

SECTION 2. The Mayor emd the City Clerk eue authorized to sign and attest quitclaim deed conveying all interest ofthe City ofChicago in and to sedd property to said purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $1,000.00 submitted by sedd bidder to the City Comptroller who is authorized to deliver said Deed to the purcheiser upon receipt ofthe balance ofthe purchase price of sedd property.


SECTION 5. This ordinance shall be in effect from and eifler its passage.

308-310 South Kostner Avenue.

Be It Ordained by the City Council of theCity ofChicago:

13398 JOURNAL-CTTY COUNCIL-CfflCAGO . 2/4/85

SECTION 1. The City of Chicago hereby accepts the bid of Greater St. John M.B. Church, em Illinois religious corporation, 4414 West Gladys Street, Chicago, Illinois to purchase for the sum of $4,305.00, the City-owned vacant property, previously advertised, pursuamt to Council authority passed November 23,1983, page 3598 described as follows:

Lots 4 and 5 in Block 1 in Counselman's Subdivision ofthe North half of the Southeast queurter ofthe Northwest queuter ofSection l5 . Township 39 North, Remge 13, East of the Third Principal Meridiem, (except the 'West 33 feet) in Cook County, Illinois, (commonly known as 308-310 South Kostner Avenue, Permanent Tax Nos. 16-15-120-040 and 041).

Subject to covenemts, zoning and building restrictions, easements and conditions, ifany, ofrecord.

SECTION 2. The Mayor and the City Clerk i re authorized to sign and attest quitclaim deed conveying all interest ofthe City ofChicago in emd to said property to said purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $430.50 submitted by sedd bidder to the City Comptroller, who is authorized to deliver said Deed to the purchaser upon receipt ofthe balance of the purchase price of said property.

I :•

SECTION 4. The City Clerk is further authorized emd directed to refund the deposit checks to the unsuccessful bidders for the purchase of sedd property.

SECTION 5. This ordinance shall be in effectlfrom and eifler its passage.

713-715 North Lawndale Avenue.


SECTION 1. The City ofChicago hereby accepts the bid of Virginia Stallings, 3812 1/2 West Chicago Avenue, Chicago, Illinois to purchase for the sum of $4,900.00, the City-owned vacemt property, previously advertised, pursuant to Council authority passed February 15,1984, pages 5069 and 5070 described as follows:

' i

Lots 20 and 21 in Harry Koplan's Subdivision of Block 2 in Morton's Subdivision of the East 1/2 ofthe Northwest 1/4 ofSection 11, Township 39 North, Range 13, East of the Third Principal Meridiem, in Cook County, Illinois (commonly known as 713-715 North Lawndale Avenue, Permanent Tax No. 16-11-106-009).

Subject to 1978, 1979, 1980 emd 1981 tauces of record, and also, to general taxes afler delivery of quitcledm deed.


SECTION 2. The Mayor and the City Clerk aue authorized to sign and attest quitclaim deed conveying all interest ofthe City ofChicago in and to said property to said purchaser.

2/4/85 REPORTS OF COMMTTTEEa 13399

SECTION 3. The City Clerk is authorized to deliver the deposit check of $490.00 submitted by said bidder to the City Comptroller, who is authorized to deliver said Deed to the purchaser upon receipt ofthe balance ofthe purchase price of said property.

SECTION 4. The City Clerk is further authorized and directed to refund the deposit checks to the unsuccessful bidders for tbe purchase of said property.

SECTION 5. This ordinance shall be; in effect from and eifler its passage.

725-727 Noirth Lawndale Avenue.

BeltOrdainedby theCity Councilof theCity of Chicago:

SECTION 1. The City ofChicago hereby accepts the bid of Virginia Stallings, 3812 1/2 West Chicago Avenue, Chicago, Illinois to purchase for the sum of $4,900.00, the City-owned vacant property, previously advertised, pursuant to Council authority passed Februeiry 15,1984, page 5070 described'as follows:

Lots 24 and 25 in Harry Kaplan's Subdivision of Block 2 in W. J. Morton's Subdivision ofthe East 1/2 ofthe Northwest 1>[4 oJF Section 11, Township 39 North, Range 13, East ofthe Third Principal Meridiem^ in Cook County, Illinois (commonly known as, 725-727 North Lawndale Avenue, Permanent Tax No. 16-11-106-007).


,: SECTION 2. The Mayor emd the City Clerk are authorized to sign and attest quitclaim

deed conveying all interest ofthe City ofChicago in and to said property to said purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $490.00 submitted by sedd bidder to the City Comptroller, who is authorized to deliver said Deed to the purchaser upon receipt ofthe balance ofthe purchase price of said property.

. 1 ,

SECTION 4. The City Clerk is further authorized and directed to refund the deposit checks to the unsuccessful bidders for the purchase of sedd property.

SECTION 5. This ordinemce shall be in effect from and edler its passage.

611 North Noble Street.

BeltOrdainedby the City Council of the City ofChicago:

SECTION 1. The City ofChicago hereby accepts the bid of Joseph Welna, 613 North Noble Street, Chicago, Illinois 60622 to'purchase for the sum of $2,750.00, the City-owned vacemt property, previously advertised; pursuant to Council authority passed November 23,1983, page 3901 described as follows;

13400 JOURNAL-CTTY COUNCIL-CfflCAGO, 2/4/85

Lot 30 in Block 2 South of Erie Street in Assessor's Division of the East half of the Northwest quarter of Section 8, Township 39 North, Range 14, East of the Third Principal Meridiam, in Cook County, Illinois, (commonly known as 611 North Noble Street, Permanent Tax No. 17-08-118-006).

Subject to covenamts, zoning and building restrictions, easements and conditions,: if any, ofrecord.

SECTION 2. The Mayor emd the City Clerk eire authorized to sign and attest quitclaim deed conveying adl interest of the City ofChicago in emd to said property to said purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $275.00 submitted by sadd bidder to the City Comptroller, who is authorized to deliver said Deed to the purchaser upon receipt of the balance of the purchase price of said property.


SECTION 5. This ordinemce shall be in effect from emd eifler its passage.

4074 Southwells Street.

Belt Ordained by the City Councilof the City ofChicago:

SECTION 1. The City ofChicago hereby accepts the bid of Lloyd Norman, 4072 South Wells Street, Chicago, Illinois to purchase for the sum of $1,500.00, the City-owned vacant property, previously advertised, pursuant to Council authority passed November 23, 1983, pages 3613 emd 3614 described as follows:

Lot 1 in Block 7 in Hubbard Crocker & Stone's Subdivision 10 Acres North and adjoining the South 3/8ths and East of adjoining West 22 1/2 Acres ofthe North 5/8ths of the Northeast 1/4, in Section 4, Township 38 North, Range 14, East of the Third Principal Meridiam, in Cook County, Illinois (commonly known as 4074 South Wells Street, Permanent Tax No. 20-04-211-031).

Subject to covenamts, zoning emd building restrictions, easements and conditions, if any, ofrecord.

SECTION 2. The Mayor emd the City Clerk- are authorized to sign and attest quitclaim deed conveying all interest ofthe City ofChicago in and to said property to said purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $150.00 submitted by said bidder to the City Comptroller, who is authorized to deliver said Deed to the purchaser upon receipt ofthe balance of the purchase price of said property.


2/4/85 REPORTS ,iOF COMMTTTEES 13401

SECTION 5. This ordinemce shall be in effect from emd afler its passage.

2904 South Wentworth Avenue.


SECTION 1. The City ofChicago hereby accepts the bid of Dingog T. Chan, 2410 South Wentworth Avenue, Chicago, Illinois to purchase for the sum of $15,999.00, the City-owned vacamt property, previously advertised, pursuant to Council authority passed Februeuy 15,1984, page 5073 described as follows:

The lemd referred to in this commitment is described as follows: Lot 3 and Lot 4 (except the South 23 feet 8-1/8 inches of sedd Lot 4) in Hodge's Subdivision of Block 8 in Sherman & Others' Subdivision of the East 1/2 ofthe West 1/2 of the Southeast 1/4 ofSection 28, Township 39 North; Range 14, East of the Third Principal Meridian, in Cook County, Illinois (commonly known as 2904 South Wentworth Avenue, Permanent Tax No. 17-28-427- 023).

Subject to 1975 and 1976 taxes ofrecord, and also, to general taxes edler delivery of quitcledm deed.

Subject to covenamts, zoning and building restrictions, easements and conditions, Lf any, ofrecord.

SECTION 2. The Mayor and the City Clerk are authorized to sign and attest quitclaim deed conveying all interest ofthe City ofChicago in and to sedd property to said purchaser.

SECTION 3. The City Clerk is authorized to deliver the deposit check of $1,600.00 submitted by said bidder to the City Comptroller, who is authorized to deliver said Deed to the purchaser upon receipt ofthe balemce ofthe purchase price of sedd property.

SECTION 4. The City Clerk is further authorized and directed to refund the deposit checks to the unsuccessful bidders for the purchase of sedd property.

SECTION 5. This ordinance shall be ineffect from and edler its passage.

2916 South Wentworth Avenue.


SECTION 1. The City of Chicago hereby accepts the bid of Sue Chan, 2410 South Wentworth Avenue, Chicago, Illinois to purchase for the sum of $15,999.00, the City-owned vacant property, previously advertised, pursuant to Council authority passed February 15,1984, pages 5073 emd 5074 described as follows:


Lot 7 in Block 8 in Shermem & Other's Subdivision ofthe East half of the West half of the South East quarter ofSection 28, Township 39 North, Range 14, East ofthe Third Principal Meridian, in Cook County, Illinois (commonly known as 2916 South Wentworth Avenue, PermanentTax No. 17-28-427- 026).

Subject to covenants, zoning emd building restrictions, easements euid conditions, if any, ofrecord.

SECTION 2. The Mayor emd the City Clerk^ eire authorized to sign and attest quitclaim deed conveying all interest ofthe City ofChicago in emd to sedd property to said purchaser.

SECTION 3. The City Clerk is authorized'to deliver the deposit check of $1,600.00 submitted by said bidder to the City Comptroller, who is authorized to deliver sedd Deed to the purchaser upon receipt ofthe balance of the purchase price of said property.


SECTION 5. This ordinemce shall be in effect from and eifter its passage.

ACCEPTANCE OF BID FOR BOARD OF EDUCATION PROPERTY AT 4626 NORTH KNOX AVENUE.

The Committee on Land Acquisition emd Disposition submitted a report recommending that the City Coimcil pass the following proposed ordinance transmitted therewith:

WHEREAS, The Board of Education ofthe City ofChicago made written request to the City Council of the City of Chicago to sell, in the manner provided by statute, the real estate hereinafter described; and

WHEREAS, The City Coimcil, by ordinance duly passed, authorized and directed the City Comptroller to advertise for sale and receiye bids on the said real estate; and

WHEREAS, The bids were opened and read at: the first City Coimcil meeting following the receipt of said bids; and

WHEREAS, The Board of Education ofthe City ofChicago at its reguleur meeting of July 18, 1984, by a vote of not less them three-fourths of its full membership, recommended to the City Council that the following bid from Irish Americam Heritage Center, Michael V. Shevilem, President, 320 North Michigan Avenue, Chicago, Illinois, in the amount of $502,000 be accepted. Three appraisals were made for this property and they indicated that the fair meirlcet value is as follows:

Stephen Rich Associates, Ltd. January 25,1984 Fair Market Value $522,000

2/4/85 REPORTS; OF COIMMTTTEES 13403.

Appraisal Associates, Inc. March 12,1984 Fair Market Value $300,000

Terrence O'Brien & Co. March 15,1984 Fair Market Value $322,000; now; therefore.


SECTION 1. The City of Chicago herieby accepts the bid ofthe Irish American Heritage Center to purchase vacant school building and lemd described as follows, to wit:

Lots 1 to 24, inclusive in Block 15 in Montrose, a Subdivision of the North West 1/4 and the North 1/2 ofthe South West 1/4 of Section 15, Township 40 North, Range 13 East of the Third Principal Meridian, and the East 1/2 of Lot 1 in School Trustee's Subdivision being the East 40 acres of the North 1/2 of Section 16, Township 40 North, Remge 13 East ofthe Third Principal Meridian, in Cook County, Illinois

which land has a frontage of 600.0 feet on North Knox Avenue, 600.0 feet on North Kilpatrick Avenue, 270.0 feet on West Leland Avenue, 270.0 feet on West Wilson Avenue, and contedns approximately 162,000 square feet/3.72 acres, is improved with a school building that is no longer necessary, appropriate, required for the use of, profitable to, or for the best interests of the Boeurd of Education of the City of Chicago and/or the City of Chicago.

SECTION 2. That the Mayor and City Clerk are authorized to sign and attest a deed conveying all rights ofthe City of Chicago In Trust For The Use of Schools in and to said school property and to deliver said deed to the City Comptroller.

SECTION 3. The City Clerk is authorized to deliver the deposit check submitted by the bidder, Irish American Heritage Center,. to the City Comptroller, who is authorized to deliver said deed to the purchaser or his nominee upon receipt of the balance of the purchase price.

SECTION 4. The City Clerk is authorized to return the deposits of the unsuccessful bidders, Koreem Catholic Community, Weihda Kolt Griabowska, c/o Ray Roya and Hanmee Presbyteriam Church.

SECTION 5. This ordinance shall be in efi'ect from emd eifler its passage.


Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheediem, Kelley, Shermem, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone-47.


Nays — None.


COMMITTEE ON POLICE AND FIRE.

CHAPTER 11.1, SECTION 11.1-7 (b) OF CHICAGO MUNICIPAL CODE AMENDED CONCERNING EXEMPTION OF ACTIVE

POLICE PERSONNEL FROM RE-REGISTRATION OF FIREARMS;

The Committee on Police and Fire submitted the following report:

CHICAGO, January, 1985.


Your Committee on Police emd Fire having under consideration a proposed amendment (which was referred on December 18, 1984) from Alderman Sherman and co-sponsors amending Chapter 11.1, Section ll.l-7(b) ofthe Municipal Code of the City of Chicago. Code amendment exempting active Police Personnel from re-registration of fireeurms begs leave to recommend that Your Honorable Body Pass the said ordinance, which is transmitted herewith.

This recommendation was concurred in by a unanimous vote.

Respectfully submitted, (Signed) MICHAEL F. SHEAHAN,

Chairman.

On motion of Alderman Sheadiam, the proposed ordinemce transmitted with the foregoing committee report was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahem, Kelley, Shermam, Stemberk, Krystyniak, Henry, Nardulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hemsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone ~ 47.

Nays — None.

Aldermem Nataurus moved to reconsider the foregoing vote. The motion was lost.

The following is sadd ordinemce as passed:



SECTION 1. That Section ll.l-7(b) ofthe Municipal Code ofChicago is hereby amended by the addition thereto of certain language and punctuation in italics below:

ll.l-7(b). Any fireeirm currently registered must be re-registered pursuant to this Chapter and in accordance with rules, regulations amd procedures prescribed by the Superintendent. An application to re-register such fireeum shall be filed within 180 days from the effective date of this Chapter; provided, however, that this section shall not apply to police officers during their tenure of continuous active duty.

SECTION 2. This ordinemce shall be in full force amd effect from and after its passage.

COMMITTEE ON SPECIAL EVENTS AND WORLD'S FAIR.

CONFIRMATION OF BUDGET REQUIREMENTS UNDER 355 FUND MUNICIPAL HOTEL-MOTEL OPERATORS' OCCUPATION

TAX FUND.

The Committee on Special Events emd World's Fair submitted the following report:



Your Committee on Special Events and World's Fedr having under consideration the proposed budget for the Mayor's Office of Special Events herewith submits the following appropriations for confirmation of the City Council in accordance with the budget requirements under the 355 Fund, Murdcipal Hotel-Motel Operators' Occupation Tax Fund, with the provision that any expenditure from the Office of Fine Arts Grant ($300,000) only be expended upon receipt of a written letter from the Commissioner of the Depeutment of Cultural Affairs, and only when the Commissioner receives written approval from the Chedrmem of the Committee on Special Events and World's Fair; and with the provision that emy expenditure from the Undesignated Fund ($71,050) only be expended upon receipt of a written letter from the Executive Director of the Mayor's Office of Special Events, amd only when the Executive Director receives written approval from the Chadrman ofthe Committee on Special Events emd World's Fedr:

Event Amount

Convention and Tourism $975,000

Special Events Tourism Promotion 80,000

Office ofFine Arts Grants 300,000

Meetings and Dignitaries 100,000

Winter Program 50,000

Neighborhood Festivals 400,000


Event Amount

Chicago Blues Festival 175,000

Chicago Jazz Festival 200,000

July 3rd Concert amd Fireworks 50,000

Venetian Night 25,000

International Folk Fau- 150,000

Special Programs 75,000

Miscellemeous Special Events 100,000

Sharing It 5,000

Professional Services 50,000

Insuremce 40,000

Undesignated 71,050

This recommendation was concurred in by all members ofthe committee present.

Respectfully submitted, (Signed) BERNARD L. STONE,

Chairman.

On motion of Alderman Stone, the committee's recommendation was Concurred In by yeas emd nays as follows:

t

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahem, Kelley, Shermam, Stemberk, Krystyniak, Henry, Neudulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Nateuus, Oberman, Hemsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone-47.

Nays-None. .


2/4/85 NEW BUSINESS PRESENTED BY ALDERMEN 13407

MATTERS PRESENTED B Y T H E ALDERMEN.

(Presented by Wards, in Order, Beginning with the Fiftieth Ward).

Arranged under the following subheadings: 1. Treiffic Regulations, Treiffic Signs and Treiffic-Control Devices. . 2. Zoning Ordinance Amendments. 3. Cladms. 4. Unclassified Matters (arranged in order according to Waud numbers). 5. Free Permits, License Fiee Exemptions, Cancellation of Warran ts for

Collection and Water Rate Exemptions,^Etc.

1. TRAFFIC REGULATIONS, TRAFFIC SIGNS AND TRAFFIC-CONTROL DEVICES.

iie/erred-ESTABLISHMENT OF LOADING ZONES AT SUNDRY LOCATIONS.

The aldermen named below presented proposed ordinances to establish loading zones at the locations designated, for the distemces specified, which were Referred to the Committee on Traffic Control and Safety, asfollows:.

Alderman

HENRY i24thyfard)

SANTIAGO (31st Ward)

DAMATO for CULLERTON (38th Ward)

O'CONNOR (40th Ward)

NATARUS (42nd Ward)

Location

South Kedzie Avenue (west side) at 1812 - 9:00 A.M. to 4:00 P.M.;

North Drake Avenue (west side) at 1640 (2 signs) - 8:00 A.M. to 11:00 P.M. -Mondays thru Sundays;

West Addison Street (south side) at 7045-7047 - 9:00 A.M. to 6:00 P.M. - -Mondays thru Saturdays;

North California Avenue (east side) from a point 155 feet north ofthe west property line of West Peterson Avenue to a point 35 feet north thereof-9:00 A.M. to 5:00 P.M. - Mondays thru Fridays;

East Superior Street (north side) at 164 -9:00 A.M. to 12:00 A.M. - Mondays thru Saturdays (Sundays 12:00 P.M. to 10:00 P.M.);


Aldermam

ORBACH (46th Ward)

STONE (50th Ward)

Location

North Broadway (west side) at 3920-3922 - 9:00 A.M. to 10:00 P.M. -Mondays thru Saturdays;

West Wilson Avenue (south side) from the east boundary of the bus stop at North Ashlemd Avenue to the first alley east thereof- 12:00 P.M. to 12:00 A.M. -Mondays thru Saturdays;

North Clark Street (west side) from a point 113 feet north of Albion Avenue to a point 70 feet north thereof - 7:00 A.M. to 6:00 P.M. - Mondays thru Saturdays.

Referred-AMEND AREA FOR RESTRICTION OF VEHICULAR TRAFFIC MOVEMENT TO SINGLE

DIRECTION ON PORTION OF SOUTH HARVARD AVENUE.

Alderman Streeter (17th Waud) presented a proposed ordinance to restrict the movement of vehiculeu' traffic to a northerly direction on South Heirveird Avenue from West 81st Street to the first alley south thereof (instead of West 79th Street), which was Referred to the Committee on Traffic Control and Safety.

i?e/erred-ESTABLISHMENT OF PARKING METERS ON PORTION OF NORTH GRAND AVENUE.

Aldermam Natauus (42nd Ward) presented a proposed order for the installation of two-hour peirking meters on both sides of North Wabash.i Avenue between West Gremd Avenue and West Hubbeird Street, which was Referred to the Committee on Traffic Control and Safety.

Referred-EXTEND PARKING METER AREA 519-CBD.

Aldermam Roti (1st Ward) presented a proposed order to extend Pairking Meter Area 519-CBD on West Ramdolph Street (south side) from South Wacker Drive to the Chicago River for a 30-minute limitation, which was Referred to the Committee on Traffic Control and Safety.

iJe/erred-PROHIBITION AT ALL TIMES FOR PARKING OF VEHICLES AT SPECIFIED LOCATIONS.


The aldermen named below presented proposed ordinances to prohibit the parking of vehicles at all times, at the locations specified, which were Referred to the Committee on Traffic Control and Safety, as follows:

Aldermam

BLOOM (5th Ward)

fft/ELS (11th Ward)

MAJERCZYK (12th Ward)

MADRZYK (13th Ward)

SHERMAN (21st Ward)

NARDULLI (26th Ward)

W.I>A77S (27th Ward)

DAMATO (37th Ward)

McLAUGHLIN (45th Ward)

Location

South Columbia Drive from E a s t Museum Drive to the southern terminus of South Columbia Drive (service drive);

South Keeler Avenue, at 2940 (except for hamdicappeid);

South Rockwell Street, at 4212 (except for handicapped);

South LaCrosse Avenue, at 6452 (except for hemdicapped);

South Kildare Avenue (west side), at 6506 (except for handicapped);

South Throop Street (east side), at 9411 (except for handicapped);

Nor th California Avenue , a t 1401 (alongside ofWest Hirsch Street);

North Western Avenue (west side) from West Rice Street to the first alley south thereof; and West Rice Street (south side) from North Western Avenue to the first alley west thereof;

North Central Park Avenue, at 623 (except for handicapped);

West West End Avenue, at 5035 (except for handicapped);

North Mason Avenue (west side), at 5142;

North Kostner Avenue (west side), at 4626 (except for handicapped);

North Meurmora Avenue (east side), at 5805 (except for handicapped).


iZe/erred-PROHIBITION AGAINST PARKING OF VEHICLES DURING SPECIFIED HOURS ON PORTION

OF EAST 67TH STREET.

Alderman Bloom (5th Ward) presented a proposed ordinance to prohibit peu-king of vehicles on East 67th Street (south side) from the east property line of South Euclid Avenue to a point 138 feet east thereof from 8:00 A.M. to 10:00 A.M., which was iJe/erred to the Committee on Traffic Control and Safety.

fle/erred-ESTABLISHMENT OF TOW AWAY ZONE.

The aldermen named below presented proposed ordinemces to establish tow away zones, which were Referred to the Committee on Traffic Control and Safety, as follows:

Alderman Location

ROTI (1st Ward) West Randolph Street (north side) - from South Wacker Drive to the Chicago River;

SCHULTER (47th Ward) In the east-west and north-south portions of the "L" alley - from West Leland Avenue to North Ravenswood Avenue, at 4822;

At the mouth of the east-west portion of the "L" alley which exits at 4822 North Ravenswood Avenue.

/?e/erred-INSTALLATION OF TRAFFIC CONTROL SIGNAL AT SPECIFIED INTERSECTION.

Aldermem Madrzyk (13th Ward) presented a.proposed order for the installation of an automatic traffic control signal at the intersection of West 77th Street amd South Kedzie Avenue, which was Referred to the Committee on Traffic Control and Safety.

Referred-INSTALLATION OF TRAFFIC SIGNS.

The aldermen named below presented proposed orders for the installation of traffic signs, of the nature indicated and at the locations specified, which were Referred to the Committee on Traffic Control and Safety as follows:


Alderman

BLOOM (5th Ward)

SHEAHAN for KELLAM (18th Ward)

KRYSTYNIAK (23rd Ward)

KOTLARZ (35th Ward)

DAMATO (37th Ward)

PUCINSKI (41st Ward)

McLAUGHLIN (45th Ward)

Location emd Type of Sign

East 57th Street and South Blackstone Avenue - "All Way Stop";

South Washtenaw Avenue and West 82nd Street - "4-Way Stop";

West 57th Street and South Natchez Avenue - "All Way Stop";

West Beury Avenue and Davlin Court, stopping Barry Avenue tredfic - "Stop";

West Grace Street and North Kildare Avenue, stopping Grace Street treiffic — "Stop";

North Lawndale Avenue and West Byron Street - "4-Way Stop";

Northwest corner of Nor th Lamon Avenue and West Maypole Avenue — "Stop";

Alley entrance at 851 North Leamington Avenue - "Caution/Children";

North Leamington Avenue at 800 — "School Crossing";

Southeast corner of North Leamington Avenue and West Iowa Street — "Stop";

North Potawatomi Avenue and West Broadman Avenue - "3-Way Stop";

First alley north of North Marmora Avenue at North Milwaukee Avenue at the e x i t - "Stop".

2. ZONING ORDINANCE AMENDMENTS.

Referred-ZONING RECLASSIFICATION OF PARTICULAR AREA.

Aldermem Krystyniak (23rd Ward) presented a proposed ordinance for amendment of the Chicago Zoning Ordinance, for the purpose of reclassifying a particular area, which was Referred to the Committee on Zoning, as follows:


To classify as an R2 Single-Family Residence District instead of an R4 General Residence District the euea shown on Map No. 14-N bounded by a line 190 feet north of and parallel to W. 56th Street; a line 125.5 feet east of and parallel to S. Neenadi Avenue; a line 110 feet north ofemd parallel to W. 56th Street; and S. Neenah Avenue.

3. CLAIMS.

Referred-CLAIMS AGAINST CITY OF CHICAGO.

The aldermen named below presented twelve proposed claims against the City of Chicago for the cledmants named as noted respectively, which were Referred to the Committee on Claims and Liabilities, as follows:

Alderman

NARDULLI (26th Ward)

DAMATO (37th Ward)

STOiV£ (50th Ward)

Claimant

Juan F. Meu-tinez;

Teresita Coloma Rasmussen, Ronald Clarke;

Mozart Court Condominium Association, Greenv i l l e G a r d e n C o n d o m i n i u m Association, Bell-West Condominium, Wins ton Towers N u m b e r 3 Condominium Association, Claremont North Condominium Association, Indian Boundary Condominium Association, Ca l i forn ia C o u r t C o n d o m i n i u m Assoc ia t ion , G r a n v i l l e T e r r a c e Condominium Association.

4. UNCLASSIFIED MATTERS. (Arranged in Order According;to Ward Numbers).

Proposed ordinances, orders and resolutions were presented by the aldermen named below, respectively, and were acted upon by the City Council in each case in the manner noted, as follows:

Presented by

ALDERMAN ROTI (1st Ward):

DRAFTING OF ORDINANCE DIRECTED FOR VACATION OF SPECIFIED PUBLIC ALLEY.


A proposed order reading as follows:

Ordered, That the Commissioner of Public Works is hereby directed to prepare an ordinemce for the vacation of all ofthe east-west 16-foot public alley and the north 214 feet of the north-south 16-foot public alley in the eureia bounded by S. Bell Avenue, S. Leavitt Street, W. Campbell Drive, emd W. Polk Street for the Medical Center Commission (No. 18-1-85-950); sedd ordinamce to be tremsmitted to the Committee on Streets emd Alleys for consideration emd recommendation to the City Council.

On motion of Aldermem Roti, the foregoing proposed order was Passed.

fle/erred-ISSUANCE OF PERMITS FOR MAINTENANCE OF EXISTING CANOPIES.

Also two proposed orders to issue permits to specified organizations to medntain and use existing canopies attached to specLfied buildings or structures, which were Referred to the Committee on Streets and Alleys, as follows:

American National Bank and Trust Company, under Trust 28443 — three existing camopies at 540 North Michigem Avenue;

American National Bemk and Trust, under Trust 43668 - one existing cemopy at 711 North Wabash Avenue;

Presented by

ALDERMAN EVANS (4th Ward):

i?c/erred-AUTHORIZATION FOR COMMISSIONER OF DEPARTMENT OF, WATER TO INVESTIGATE

EXCESSIVE WATER RATE CHARGE.

A proposed order authorizing amd directing the Commissioner of the Department of Water to investigate the allegations of Mrs. Mary Hopson of 737 N. Central, concerning excessive water rates cheirged to her building located at 4350-4352 S. Lake Park Avenue, which was Referred to the Committee on Finance.

Presented by

ALDERMAN BLOOM (5th Ward):

/ie/erred-ISSUANCE OF PERMIT TO CONDUCT CARNIVAL.


A proposed order authorizing and directing the Commissioner of Streets and Sanitation to issue a permit to the 57th Street Art Fedr, c/o Brenda M. Shapiro, to conduct a carnival on East 57th Street between South Kimbark and South Kenwood Avenues; South Kimbark Avenue between East 56th emd East 57th Streets; and East 56th Street between South Kimbauk emd South Kenwood Avenues for the period of June 1-2,1985, which was Referred to the Committee on Beautification and Recreation.

Referred-ISSUANCE OF LICENSE FOR UNIVERSITY OF CHICAGO FOR ITS COURT THEATRE.

Also a proposed order authorizing emd directing the City Comptroller to issue the necessary license for a public place of amusement to The University of Chicago for its court theatre at 5535SouthEllisAvenuefor theyear 1985, which was iJe/erred to the Committee on License.

iJe/erred-ESTABLISHMENT OF SPECIFIED CURB CUT FOR UNIVERSITY OF CHICAGO.

Also a proposed order authorizing and directing the Commissioner of Public Works to consider the establishment of a seventy-foot curb cut at the (joldblatt Outpatient Pavilion of The University ofChicago, Mitchell Medical Center, 860 East 59th Street, which was Referred to the Committee on Streets and Alleys:

Presented by

ALDERMAN SAWYER (6th Ward):

iJe/erred-ISSUANCE OF PERMIT FOR OPERATION OF NEWSPAPER STAND AT SPECIFIED LOCATION.

A proposed order authorizing and directing the Commissioner of Public Works to issue a newspaper stand permit to Deirwin Statlar for the operation ofa stamd on the northeast corner of South Kimbark Avenue emd East 79th Street from 5:00 A.M. to 1:30 P.M. for seven days a week in compliemce with the Chicago Mimicipal Code, which was Referred to the Committee on Streets and Alleys.

Presented by

ALDERMAN HUTCHINSON (9th Ward):

iJe/erred-SPECLAL ASSESSMENT FOR PAVING OP ALLEYS IN SPECIFIED LOCATIONS.


Two proposed orders authorizing and directing the Board of Local Improvements to consider the paving w t h concrete, by special assessment, specified alleys, which were Referred to the Committee on Streets and Alleys, as follows:

Alley bounded by East 110th Street, South King Drive, East 110th Place and South Vernon Avenue;

'T" alley from 10901 to 11039 South Eberhart Avenue and the Illinois Central railroad tracks east of South Eberhart Avenue.

/2e/erred~ CHICAGO POLICE DEPARTMENT URGED TO INAUGURATE PROGRAM FOR SUPPLY OF

GANG INFORMATION.

Also a proposed resolution urging the Chicago Police Department to inaugurate a program by which Chicago citizens could supply known gang information to the police without any threat to their persons from emy gang members, which was Referred to the Committee on Police and Fire.

/?e/erred-AMENDMENT OF COMMITTEE ON PUBLIC RECORDS AND INFORMATION CHAIRMANSHIP.

Also a proposed resolution to amend the Chairmanship of the Committee on Public Records aind Information, deleting the name of Aldermem Oberman and inserting in lieu thereof the name of Alderman Hutchinson, which was Referred to the Committee on Committees and Rules.

Presented by

ALDERMAN HUTCHINSON (9th Ward) and OTHERS:

i2e/erred-AMENDMENT OF CHAPTER 34 OF CHICAGO MUNICIPAL CODE CONCERNING REGULATION OF

ADVERTISING BENCHES.

A proposed ordinemce, presented by Aldermen Hutchinson, Hagopian, Smith, Sheahan, Kelley, Humes, McLaughlin, Hansen, Krystyniak, Evans, Brady, Santiago, Mell, W. Davis emd Henry, to amend Chapter 34 of the Chicago Municipal Code by inserting therein seven new sections, to be known as Sections 34-13.1 through 34- 13.7, governing the regulation of advertising benches, which was Referred to the Committee on Municipal Code Revision.

Presented by

ALDERMAN VRDOLYAK (10th Ward):


CONGRATULATIONS EXTENDED TO EAST SIDE BANK AND TRUST COMPANY FOR ITS EFFORTS IN

FIELD OF FINANCE.

A proposed resolution reading as follows:

WHEREAS, The East Side Bank emd Trust Company, having opened its doors to the public on March 24,1960; and

WHEREAS, The East Side Bank and Trust Company, was founded to answer a need in the eu*ea that has gone unfulfilled for 15 yeeirs; emd

WHEREAS, The East Side Bank and Trust Company has further responded to the needs ofthe commimity by opening convenient bramches in South Deering emd Hegewisch; and

WHEREAS, The continued rapid and steady growth of the East Side Bemk emd Trust reflects the respect it has earned over the years; amd

WHEREAS, The East Side Bank and Trust Company has become a major financial institution on the east side, an institution whose people understemd the area emd respond directly to commimity needs and the needs of the. individual families who live there; now, therefore.

Be It Resolved, That I, Alderman Edward R. Vrdolayk, together with the Mayor of the City of Chicago and the City Council do resolve to congratulate the East Side Bank and Trust Compemy as a Chicago organization representing that which is best in the field of finance and offer our good wishes for continued.success in the future.

Alderman Vrdolayk moved to Suspend the Rules Temporarily to permit immediate consideration ofemd action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Vrdolayk, the foregoing proposed resolution was Adopted.

Referred-AMENDMENT OF CHAPTER 6 OF MUNICIPAL CODE CONCERNING ADMINISTRATIVE RULE WHICH

PROHIBITS OUTSIDE LEGAL PRACTICE BY CITY ATTORNEYS.

Also a proposed ordinance to amend Chapter 6 of the Municipal Code concerning the administrative rule which prohibits the outside legal practice by any attorney working for the City, which was i2g/erred to the Committee on Municipal Code Revision.

Referred-AMENDMENT OF CHAPTER 200.3 OF MUNICIPAL CODE CONCERNING "EMPLOYERS' EXPENSE TAX".


Also a proposed ordinance to amend Chapter 200.3 ofthe Municipal Code, the "Employers' Expense Teut", by decreasing the teix by yeeir that is to be paid and repealing the tax in its entirety by 1988, which was Referred to the Committee onFinance.

Referred-SUPPORT URGED TO PRESENT SATURN CORPORATION WITH SUITABLE CHICA(50 SITE FOR NEW AUTOMOBILE

ASSEMBLY PLANT.

Also a proposed resolution urging that support be given to present Saturn Corporation with: a suitable Chicago site for its new automobile assembly plant, which was Referred to the Committee on Neighborhood and Community Affairs.

Presented by

ALDERMAN VRDOLYAK (10th Ward) and ALDERMAN PUCINSKI (41st Ward):

iJe/erred-AMENDMENT OF CHAPTER 37 OF MUNICIPAL CODE CONCERNING PLACEMENT OF LOTTERY DEVICES

AT EITHER O'HARE AIRPORT OR MIDWAY AJKPORT.

A proposed ordinemce to amend Chapter 37, Section 37-5 of the Municipal Code which would allow the placement of lottery devices by the State of Illinois at either O'Hare International Airport or Midway Airport emd that all proceeds received by City from the Illinois State Lottery be credited and deposited in the Corporate Fund of the City, which was Referred to the Committee on Finance.

Presented by

ALDERMAN HUELS (11th Ward):

CONGRATULATIONS EXTENDED TO JOSEPH COSENTINO UPON HIS RETIREMENT.


WHEREAS, Joseph Cosentino, eifFectionately known by his many friends as "Joe Cos", has just retired from the Chicago Park District afler being an attendant at Armour Square Park for the past 27 years; emd

WHEREAS, Joseph Cosentino was born emd radsed in the Bridgeport community and currently resides in the great 11th Ward of the City of Chicago; and


WHEREAS, Joseph Peter Cosentino was born on October 3, 1921, the sixth of thirteen children; and

WHEREAS, Joseph Cosentino has been married to his wife Antionette for the past 37 years, emd is the proud father of Joseph, Lucille, emd Demiel, emd is the proud grandfather of six; emd

"WHEREAS, Joseph Cosentino is a World Weur II veteram, who had achieved the rank of Sergeemt in the 9th Air Corp of the 119th Infantry under General George Patton's commemd from Normemdy to Berlin, amd has received several commendations during his military ceueer; amd

WHEREAS, Followdng his militauy ceureer, Joseph Cosentino had come home and held veirious employment positions, when he had then been assigned as an attendamt at Armour Squeure Park; and

WHEREAS, Joseph Cosentino has been em. attendemt at Armour Squeire Peurk for the past 27 yeeus, emd during the course of those inany yeeirs of service with the Chicago Park District, he had received the aweurd of "Attendant of the Yeeur" on three separate occasions; and

WHEREAS, During his tenure at Armour Squeu-e, Joe Cos has touched the lives of memy youngsters who have grown to be fine citizens in our commimity, and that Joe Cos will always be remembered for his dedication arid sensitivity to all that he has met during his caueer; now, therefore.

Be It Resolved, That we, the Mayor emd the members of the City Council of the City of Chicago, gathered on this 4th day of February in 1985, do hereby extend our heartiest congratulations to Joseph "Cos" Cosentino on his retirement edler 27 yeeirs of dedicated service to the Chicago Peu-k District emd Armour Squeu-e Park, and that we also extend our best wishes to him in all of his future endeavors; emd

Be It Further Resolved, That a suitable copy of this resolution be made avedlable for Joseph Peter Cosentino.

Alderman Huels moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Aldermem Huels, the foregoing proposed resolution was Adopted.

Referred-INSTALLATION OF SIGNS/SIGNBOARDS AT SPECIFIED LOCATIONS.

Also two proposed orders for issuance of sign permits to install signs/signboards, which were Referred to the Committee on Zoning, as follows:

Issue a permit to All-Sign Corporation, to install a sign/signboard at 3501 S. Shields Avenue for Midlemd Media, Inc.;


Issue a permit to All-Sign Corporation, to install a sign/signboard at 3440 S. Steweurt Avenue for Midlemd Media, Inc.

Presented by

ALDERMAN HUELS (11th Ward) and ALDERMAN BURKE (14th Ward):

TRIBUTE TO LATE WILLIAM J. BARRY.


WHEREAS, William J. Beurry has passed away on Saturday, Jemueury 26,1985 at the age of 66; and

WHEREAS, William J. Beirry was a: retired deputy director of the Port of the City of Chicago; emd

WHEREAS, William Barry served as the first deputy port director from 1958-1977, and was a member ofthe late Mayor Richeird J; Daley's cabinet; emd

WHEREAS, William Beirry was also a bridge tender on the Deeirborn and Clark Street bridges from 1942 to 1958, amd was also a member of the International Brotherhood of Electric Workers; emd

WHEREAS, William Barry was born emd raised in the same home in Canaryville until seven years ago, when he mauried Rosemarie Mclnerney, when they had then moved to South Wallace Street; emd

WHEREAS, William Beury, a lifelong resident in the Cemaryville community, was a former precinct captain in both the 11th and 14th Wards ofthe City ofChicago; and

WHEREAS, It is said that William Barry was the first person to dye the Chicago River green for the celebration of St. Patrick's Day; and

WHEREAS, William Barry is survived by his wife, Rosemarie, two sisters, Annamae Stamton emd Helen Baldwin, emd a brother, Michael; and

WHEREAS, William Beirry will be greatly missed by all of his family members and memy friends; now, therefore.

Be It Resolved, That we, the Mayor and the members of the City Council of the City of Chicago, gathered on this 4th day of February in 1985, do hereby mourn the death of William J. Barry, a fine citizen of the City of Chicago, and that we express our deepest sympathy to his family; and

Be It Further Resolved, That a suitable copy of this resolution be made avedlable for the family of William J. Barry.


Alderman Huels moved to Suspend the Rules Temporarily to permit immediate consideration of and action up>on the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Huels, the foregoing proposed resolution was Adopted, by a rising vote.

Presented by

ALDERMAN BURKE (14th Ward):

GRATITUDE EXTENDED TO DAN WEBB FOR HIS PUBLIC SERVICE AS UNITED STATES ATTORNEY.


WHEREAS, Dan Webb has served the City of Chicago, the State of Illinois and the United States government in a distinguished emd exempleiry manner; and

WHEREAS, Dam Webb begem his outstemding career as an attorney by serving as an Assistemt United States Attorney from December 1970 until August 1976; emd

WHEREAS, From January 1979 until July 1980 Dan Webb served as the Director of the State oflllinois Depeirtment of Law Enforcement; and

WHEREAS, From August 1981 until February 1, 1985 Dan Webb served the United States as the United States Attorney for the Northern District oflllinois; and

WHEREAS, In addition to his remeirkable law career Dan Webb also has received mamy aweurds amd commendations for his public service including The Mem of the Yeau' for the City of Hope Medical Center in 1982, am aweird from the Chicago Crime Commission for distinguished service in law enforcement. In 1979 he was named one of the ten outstanding citizens by the Chicago Jaycees; and

WHEREAS, Dam Webb also has benefitted legal educational institutions in the City by teaching classes at both John Meu-shall Law School and Loyola Law School; and

WHEREAS, Dem Webb also has served on the Boards of various charitable and hospital institutions; and

WHEREAS, As of February 1, 1985 Mr. Webb resigned his duties as the United States Attorney to resume his ceireer as a private attorney with the prestigious Chicago firm of Winston emd Strawn; and

WHEREAS, Dan Webb has ceuried out his duties as a public servant in the most professional emd outstamding way possible; now, therefore.

Be It Resolved, By the City Council of the City of Chicago amd the Mayor, assembled in meeting this fourth day of February, 1985 that we do hereby express our gratitude and congratulations to Dem Webb for his devoted public service as the United States Attorney


emd extend our best wishes and good luck to him as he resumes his career as a private attorney in the City of Chicago; and

Be It Further Resolved, That a suitable copy of this resolution be prepeired and presented to Dam Webb in recognition of his public service.

Alderman Burke moved to Suspend the Rules Temporarily to permit immediate consideration ofemd action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Aldermem Burke, the foregoing proposed resolution was Adopted.

CONGRATULATIONS EXTENDED FLORENCE NIGHTINGALE SCHOOL P.T.A. ON ITS GOLDEN ANNIVERSARY.

Also a proposed resolution reading as follows:

WHEREAS, The Florence Nightingale School P.T.A. will be celebrating its Golden Anniversary on February 13,1985; and >

WHEREAS, The Florence Nightingeile P.T.A. was started in September, 1935; and

WHEREAS, The Nightingale P.T.A., will celebrate this emniversary with a Founder's Day luncheon; and

WHEREAS, The Nightingale P.T.A. will be honoring the past presidents, principals, teachers and custodiem steiff, as well as the founders of the National Teachers Association; amd

WHEREAS, The objective ofthe Nightingale P.T.A. is to promote the welfare of children emd youth, to reuse the stemdards of homelife, to secure adequate laws for the care and protection of children emd youth, to bring into closer relation, the home and school that parents emd teachers may cooperate intelligently in the education of children and youth, to develop between educators and the general public such united efforts as will secure for all children the highest advemtage in physical, mental, social and spiritual education; and

WHEREAS, That the Florence Nightingale P.T.A. members fulfill these objectives by volunteering their time to help in the school office and classroom; now, therefore.

Be It Resolved, That the Mayor emd the members of the City Council of Chicago, in meeting assembled this 4th day of February, 1985 do hereby congratulate the Nightingale P.T.A. upon their celebration of Founders Day; and

Be It Further Resolved, That a suitable copy of this resolution be presented to the Nightingale School P.T.A.

Alderman Burke moved to Suspend the Rules Temporarily to permit immediate consideration of amd action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Burke, the foregoing proposed resolution was Adopted.


ife/erred-AMENDMENT OF CHAPTER 26 OF MUNICIPAL CODE CONCERNING CITY

CONTRACTS.

Also a proposed ordinemce to amend Chapter 26 of the Municipal Code by the addition of a new section, to be known as Section 26-5.1 relating to City contracts, which was Referred to the Committee on Finance.

Presented by

ALDERMAN BRADY (15th Ward):

Ae/erred-INSTALLATION OF BUS PASSENGER SHELTER AT SPECIFIED LOCATION.

A proposed order to give consideration to the installation of a bus passenger shelter on the southeast corner of W. 63rd Street emd S. California Avenue, which was Referred to the Committee on Local Transportation.

Presenteid by

ALDERMAN SHEAHAN (19th Ward):

GRATITUDE EXTENDED TO CAPTAIN WILLLAM E. MURPHY UPON HIS RETIREMENT FROM

CHICAGO POLICE DEPARTMENT.


WHEREAS, William E. Murphy was born in 1923, the second child of the late Chicago Police Captedn Matthew Murphy and his wife Meiry; and

WHEREAS, William E. Murphy, was educated at St. Gabriel grade school and.the Oneirga Militauy Academy; emd

WHEREAS, William E. Murphy served this country with distinction as a member of the United States Marine Corps during World Weir II; and

•WHEREAS, William E. Murphy, meuried Eleanor Agnes Costillo on September 18, 1948; and

WHEREAS, William E. Murphy and Eleemor have been blessed with four daughters, Maureen, Mauilyn, Madalyn emd Michelle and seven grandchildren; emd

WHEREAS, William E. Murphy joined the Chicago Police Department in March of 1946 emd was promoted to the rank of Sergeemt in 1953, Lieutenant in 1957 and Captain in 1965; and


WHEREAS, William E. Murphy has, at veirious times, been promoted to the exempt rauik of Commander, Greneral Assignments Section; Deputy Chief of Violent Crimes; Deputy Chief of Area 3 Patrol Division; Detective Commander of General Assignments; emd the first Detective Commander of Area 1; emd

WHEREAS, William E. Murphy has consistently served the citizens of the City of Chicago in finest tradition ofthe Police Depeu-tment motto "We Serve emd Protect"; and

WHEREAS, William E. Murphy has earned the grati tude and respect of the communities he has served amd ofthe police officers with whom he worked; now, therefore.

Be It Resolved, We, the Mayor and members of the City Coimcil of the City ofChicago this date assembled do hereby extend our sincerest thanks to Captain William E. Murphy on the occaision of his retirement, for his memy yeeurs of service and dedication to the citizens of Chicago and our best wishes to this outstanding public servamt for a happy, prosperous emd successful future; and

Be It Further Resolved, That a suitable copy of this resolution be presented to William E. Murphy, C.P.D. retired.

Alderman Sheedian moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Aldermem Sheaham, the foregoing proposed resolution was Adopted.

Presented by

ALDERMAN KELLEY (20th Ward) and OTHERS:

CONGRATULATIONS EXTENDED LU AND JORJA PALMER FOR THEIR EFFORTS AND CONTRIBUTIONS TO

CITY. , ' ,1 .

A proposed resolution, presented by Aldermen Kelley, D. Davis, Tillman, Rush, W. Davis, Evems, Langford, Humes, Beavers, Sawyer, Bloom, Hutchinson, Streeter, Smith, Henry, Frost, Mell and Sherman, which reads as follows:

WHEREAS, Lu emd Jorja Palmer have dedicated their ILves to the improvement and advemcement of black causes in the social, economic, political emd communications arena; and

WHEREAS, This special husband and wife team have worked to encourage peurticipation in the political process and to this end were instrumental in the formation of such groups as the Chicago Black United Communities (C.B.U.C.) and the Black Independent Political Organization (B.I.O.P.); and

WHEREAS, Lu Palmer is em established Chicago radio commentator and journalist who presently hosts the popular "On Target" radio show and "Lu's Notebook" while writing a column for the Chicago Observer Newspaper; emd


WHEREAS, Jorja Palmer has contributed her expertise in the field of public relations to such orgeinizations as the Y.M.C.A., C.B.U.C. the Black Illinois Legislative Lobby and numerous other political campaigns; and

WHEREAS, The significant contributions of the "Palmer Team" will be recognized on Sunday, February 10,1985 at Operation P-U-S-H; now, therefore.

Be It Resolved, By the Mayor emd members of the Chicago City Council in meeting assembled this 4th day of Februeuy 1985 A.D. that we hereby congratulate Lu and Joija Palmer for their efforts and contributions; emd

Be It Further Resolved,That a suitable copy of this resolution be prepared amd presented to Lu and Jorja Palmer.

Aldermam Kelley moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Aldermem Kelley, the foregoing proposed resolution was Adopted.

Presented by

ALDERMAN SHERMAN (21st Ward):

ZJe/erred-INSTALLATION OF SIGN/SIGNBOARD.

A proposed order for the issuemce of a sign permit to Doyle Signs, Inc., to install a sign/signboard at 9301-9307 S. Halsted Street for 93 Halsted Plaza, which was Referred to the Committee on Zoning.

Presented by

ALDERMAN KRYSTYNIAK (23rd Ward):

CONGRATULATIONS EXTENDED TO I.R.S. OUTREACH PROGRAM FOR PROVIDING FREE TAX ASSISTANCE TO LOW AND MIDDLE

INCOME GROUPS.


WHEREAS, The U.S. Internal Revenue Service has launched an immensely successful Outreach program which provides free teix assistance to all interested low and middle income groups; and


WHEREAS, In 1984 alone, this outstanding program assisted over 20,000 taxpayers with almost 600 Outreach Sessions, via either group income tax preparation or tax information seminars which are scheduled as much as feasible to public convenience emd which eire entirely free; and

WHEREAS, Outreach tax assistance is avedlable throughout the Chicago area through tradned volunteers from commimity organizations in virtually every neighborhood and has proven itself especially helpful to senior citizens amd non- English speeiking taxpayers, as well as to low and middle income groups; now, therefore.

Be It Resolved, That we, the Mayor and members of the City Council of the City of Chicago, gathered here this 4th Day of Februeiry, 1985, A.D., do hereby applaud the outreach teix eissistemce program provided by the U.S. Internal Revenue Service, and invite, all applicable commuruty organizations in our great City to take cognizance of this exceptional program.

Aldermam Krystyniak moved to Suspend the Rules Temporarily to permit immediate consideration of and action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Krystyniak, the foregoing proposed resolution was Adopted.

fie/erred-INSTALLATION OF ALLEY LIGHTS AT SPECIFIED LOCATIONS.

Two proposed orders to give consideration to the installation of alley lights, which were Referred to the Committee on Finance, as follows:

Rear of premises at 5020 S. Archer Avenue;

On the 5200 and 5300 blocks of W. 53rd Place between S. Laramie and S. Long Avenues (along the railroad tracks).

Referred - PAVING OF ALLEYS BY SPECLAL ASSESSMENT AT SUNDRY LOCATIONS.

Also twelve proposed orders requesting institution of the necesseuy proceedings for the paving, by special assessment, of various alleys, which were Referred to the Committee on Streets and Alleys, asfollows:

Alley bounded by S. Archer Avenue, W. 52nd Street, S. Kilbourn Avenue, amd S. Kolmeur Avenue;

Alley bounded by W. 56th Street, W. 57th Street, S. Nottingham Avenue, and S. Neva Avenue;

Alley bounded by W. 57th Street, ,W. 58th Street, S. Sayre Avenue, and S. Nordica Avenue;


Alley bounded by W. 57th Street, W. 58th Street, S. Newland Avenue, and S. Sayre Avenue;

Alley bounded by W. 52nd Street, W. 53rd Street, S. Sayre Avenue, and S. Nordica Avenue;

Alley bounded by W. 56th Street, W. 57th Street, S. Newcastle Avenue, and S. New Englemd Avenue;

Alley bounded by W. 56th Street, W. 57th Street, S. New England Avenue, and S. Newlemd Avenue;

Alley bounded by W. 52nd Street, W. 53rd Street, S. Newcastle Avenue, and S. Oak Park Avenue;

Alley bounded by W. 52nd Street, W. 53rd Street, S. Newcastle Avenue, and S. New Englemd Avenue;

Alley boundedby W; 53rd Street, Railroad R.O.W., S. Kenneth Avenue, emd S. Kilbourn Avenue;

Alley bounded by Railroad R.O.W., W. 60th Street, S. Merrimac Avenue, and S. Mobile Avenue;

Alley boimded by W. 56th Street, W. 57th Street, S. Neenah Avenue, and S. Nashville Avenue.

Presented by

ALDERMAN HENRY (24th Ward):

Be/erred-ERECTION OF STATUTE TO LATE DR. MARTIN LUTHER KING, JR. AT SPECIFIED LOCATION.

A proposed resolution urging the erection of a steitute to the late Dr, Martin Luther King, Jr., at 1550 S. Hamlin Avenue (currently vacant property), which was Referred to the Committee on Cultural Development and Historical Landmark Preservation.

Presented by

ALDERMAN W. DAVIS (27th Ward):

Be/erred-MAINTENANCE OF EXISTING CANOPY.

A proposed order for the issuance ofa permit to Bobby E. Wright Comprehensive Mental Health Center, Inc., to maintain and use an existing canopy attached to the building or


structure located at 9 S. Kedzie Avenue, which was Be/erred to the Committee on Streets and Alleys.

Presented by

ALDERMAN HAGOPIAN (30th Ward):


A proposed order for issuance ofa permit to William C. Smith and Sons, Inc:, to maintain and use em existing cemopy attached to the building or structure located at 2500 N. Cicero Avenue, which was Be/erred to the Committee on Streets and Alleys.

Presented by

ALDERMAN SANTIAGO (31st Ward):

Be/erred-AMENDMENT OF CHAPTER 25.1 OF MUNICIPAL CODE CONCERNING BI-LINGUAL INFORMATION AND TESTING

FOR CITY POSITIONS.

A proposed ordinance to amend Chapter 25.1 of the Municipal Code by the addition of a new Section 25.1-5.1 concerning the issuance of all informational bulletins pertaining to City positions in both English emd Spemish, etc. - Referred to the Committee on Administration, Reorganization and Personnel.

Presented by

ALDERMAN MELL (33rd Ward):

Be/erred-MAINTENANCE OF EXISTING C/VNOPY.

A proposed order for issuemce of a permit to Milshire Corporation to medntain and use an existing canopy attached to the building or structure located at 2525 N. Milwaukee Avenue, which was Be/erred to the Committee on Streets and Alleys.

Presented by

ALDERMAN BANKS (36th Ward):



A proposed order for issuemce of a permit to Edward Skiba to medntedn and use an existing canopy attached to the building or structure located at 5718 W. Fullerton Avenue, which was Referred to the Committee on Streets and Alleys.

Presented for

ALDERMAN CULLERTON (38th Ward): 1

Be/errgd-MAINTENANCE OF EXISTING CANOPIES AT SPECIFIED LOCATIONS.

Two proposed orders (presented by Aldermem Laurino) to issue permits to the orgemizations listed below to maintain and use existing canopies attached to specified buildings or structures, which were Referred to the Committee on Streets and Alleys, as follows:

Dolores Nessie d/b/a Jam-Dee Heiir Stylists - to medntain emd use em existing canopy at 5919 W. Montrose Avenue;

Meur-Jac Corporation — to maintain and use an.existing camopy at 5708 W. Irving Peirk Road.

Presented by

ALDERMAN PUCINSKI (41st Ward):

Referred - MAINTENANCE OF EXISTING CANOPIES AT SPECIFIED LOCATIONS.

Two proposed orders to issue permits to the organizations listed below to medntain and use existing cemopies attached to specfied buildings or structures, which were Referred to the Committee on Streets and Alleys, as follows:

Edgewater Caupet and Rug - to maintain and use an existing canopy at 6664 N. Northwest Highway;

Joseph Neisler - to medntadn and use em existing canopy at 6938-6940 W. Higgins Avenue.

Presented by

ALDERMAN NATARUS (42nd Ward):

Be/erred-GRANTS OF PRIVILEGE IN PUBLIC WAYS.


Two proposed ordinances to grant permission and authority to maintain and use specified privileges in the public way, which were Referred to the Committee on Streets and Alleys, as follows:

Albert M. Friedmem ~ to maintain and use sidewalk vaults in N. Dearborn Street and W. Hubbaud Street adjacent to 54 W. Hubbard Street;

Newberry Plaza — to construct, maintain and use a stairway on W. Maple Street adjacent to 1050 N. State Street.

Be/erred-CONSTRUCTION AND MAINTENANCE OF CANOPIES AT SPECIFIED LOCATIONS.

Also three proposed orders to issue permits to the orgemizations listed below to construct, medntain and use canopies attached to specified buildings or structures, which were Referred to the Committee on Streets and Alleys, as follows:

Fred Corporation - to medntedn emd use em existing canopy at 1548 N. Cleirk Street;

Irvin Gershen, Inc. — to construct, maintedn and use a canopy at 878 N. Wabash Avenue;

Y.M.C.A. of Metropolitan Chicago — to medntedn emd use em existing cemopy at 30 W. Chicago Avenue.

Presented by

ALDERMAN HANSEN (44th Ward):

Be/ferred-CONSTRUCTION AND MAINTENANCE OF CANOPIES AT SPECIFIED LOCATIONS.

Two proposed orders to issue permits to the organizations listed below to construct, medntedn and use cemopies attached to specified buildings or structures, which were Referred to the Committee on Streets and Alleys, as follows:

Golden Apple Restauremt, Inc. - to medntain emd use two existing canopies at 2971 N. Lincoln Avenue;

The Serving Spoon - to construct, maintain and use a canopy at 3017 N. Sheffield Avenue.

Presented by

ALDERMAN McLAUGHLIN (45th Ward):


DRAFTING OF ORDINANCE DIRECTED FOR VACATION OF SPECIFIED PUBLIC STREET.

A proposed order reading as follows:

Ordered, That the Commissioner of Public Works is hereby directed to prepare an ordinance for the vacation of that part of W. Gunnison Street lying between the easterly right of way line ofthe Chicago, Milwaukee, St. Paul emd Pacific Railroad emd the west line of N. Lamon Avenue for Donald Storgaard ;,(No. 9-45- 85-948); said ordinance to be tremsmitted to the Committee on Streets and Alleys for consideration emd recommendation to the City Council.

On motion of Alderman McLaughlin, the foregoing proposed order was Passed.

Presented by

ALDERMAN ORR (49th Ward):


A proposed order for issuemce of a permit to Benj. E. Sherman amd Son, to medntain emd use an existing cemopy attached to the building or structure located at 1791 W. Howeu-d Street, which was Be/erred to the Committee on Streets and Alleys.

Presented by

ALDERMAN STONE (50th Ward):

Be/erred-INSTALLATION OF SIGN/SIGNBOARD AT SPECIFIED LOCATION.

A proposed order for the issuemce of sign permit to Chicago Rite Lite Sign Compemy, to install a sign/signboeud at 2339-2357 W. Howard Street for Super Gap, Payless Shoes, Pearle Vision emd Little Caeseu-'s, which was Be/erred to the Committee on Zoning.

Presented by

ALDERMAN STONE (50th Ward) and ALDERMAN LAURINO (39th Ward):

CONGRATULATIONS EXTENDED TO DR. REUBEN HURWITZ ON OCCASION OF HIS 85TH

BIRTHDAY.



WHEREAS, Dr. Reuben Hurwitz, a long time resident of the City of Chicago, will celebrate his 85th birthday on Februeiry 11th; emd

WHEREAS, Dr. Hurwitz was born in Russia, orphemed at the age of 12 yeaus old and immigrated to America (Chicago) at age 13, and attended Howlemd Grammar School and Meurshall High School on the west side ofChicago; emd

•WHEREAS, Dr. Hurwitz begem working at age 15 and worked his way through the University of Chicago as an undergraduate, completing Medical School at Rush Medical College; emd

WHEREAS, Dr. Hurwitz interned at Michael Reese Hospital and did his residency in contagious disease; emd

WHEREAS, Upon completion of his residency, took a position as steiff physician at the Mimicipal Tuberculosis Seuiiteuium, where he practiced for the length of his medical career spanning over 43 yeeu-s from 1928 to 1971; and

•WHEREAS, Dr. Hurwitz did give of himself to inform the citizens of Chicago about the diagnosis emd treatment of tuberculosis; and

WHEREAS, Dr. Hurwitz during his entire service to the citizens of the City of Chicago was fortunate to have at his side a beloved wife. Rose, with whom he has just celebrated 52 yeeirs of meuried bliss; and

•WHEREAS, Dr. Hurwitz has not limited himself to local events and has served as the president of the Labor Zionist Party of Chicago towards the creation of our ally in the Middle East, the State of Israel and wias in fact a confidemt of Golda Meir and David Ben Gurion, emd did serve as the head of the Peretz School and the David Pinsky School which were under the auspices ofthe Board of Education for Yiddish Folk Schools; and

WHEREAS, Dr. Hurwitz, now a resident ofthe Home of Jewish Blind, 3525 West Foster Avenue, Chicago, serving prominently as president ofthe Resident Council will be honored by the home on Friday, February 8, 1985, on the occasion of his 85th birthday; now, therefore.

Be It Resolved, That we, the Mayor and members of the City Council of the City of Chicago assembled this 4th day of February, 1985, do join in offering our congratulations and best wishes on this occasion; and

Be It Further Resolved, That a suitable copy of this resolution be prepared and presented to Dr. Reuben Hurwitz.

Alderman Stone moved to Suspend the Rules Temporarily to permit immediate consideration ofemd action upon the foregoing proposed resolution. The motion Prevailed.

On motion of Alderman Stone, the foregoing proposed resolution was Adopted.


5. FREE PERMITS, LICENSE FEE EXEMPTIONS, CANCELLATION OF WARRANTS FOR COLLECTION, AND WATER RATE EXEMPTIONS, ETC.

Proposed ordinemces, orders, etc. described below, were presented by the aldermen named, and were Referred to the Committee on Finance, as follows:

FREE PERMIT:

BY ALDERMAN VRDOLYAK (10th Ward):

Ada S. McKinley Community Services - for the construction work of a building on the premises known as 9135 S. Bremdon Avenue.

LICENSE FEE EXEMPTIONS:

BY ALDERMAN BLOOM (5th Ward):

Peu-ent Cooperative for Eeirly Leeurning, Inc., 5300 S. South Shore Drive.

South Shore Bible Baptist Day Care Center, 7159 S. Cornell Avenue.

The University ofChicago, sundry locations.

B y ALDiBBMAiV^/iffiLL^y (20th Ward):

Woodlawn Africam Methodist Episcopal Church Day Care and After School Programs, 6456 S. Evans Avenue.

BY ALDERMAN SMITH (28th Ward):

Fiflh City Preschool, 3415 W. Fifth Avenue.

BY ALDERMAN D. DAVIS (29th Ward):

Loretto Hospital, 645 S. Central Avenue.

By ALD^BMAJV OBBACH (46th Ward):

Cuneo Hospital (Columbus-Cuneo-Cabrini Medical Center), 750 W. Montrose Avenue.

BY ALDERMAN STONE (50th Ward):

High Ridge Y.M.C.A. ofthe Y.M.C.A. of Metropolitan Chicago, 2424 W. Touhy Avenue.

CANCELLATION OF WARRANTS FOR COLLECTION:

BY ALDERMAN BLOOM (5th Ward):

McCormick Theological Seminary, 5555 S. Woodlawn Avenue - building inspection.

The University of Chicago, sundry locations - building inspections.


BY ALDERMAN HUELS (11th Ward):

Gueudiem Angel Day Nursery, 4600 S. McDowell Avenue - elevator inspection.

BY ALDERMAN NARDULLI (26th Ward):

Inner City Impact, 2704 W. North Avenue - elevator inspection.

B y ALDEBMAJVDAMATO (37th Ward):

Action Community Coalition, 5251W. North Avenue — mechanical ventilation inspection.

B Y ALDERMAN NATAR US (42nd Ward): :

Anti-Cruelty Society, 157 W. Grand Avenue - boiler/fuel burning equipment and unfired pressure vessel inspection.

Catholic Charities, 719 N. LaSalle Street - elevator inspection.

Northwestern Memorial Hospital, E; Siiperior Street at N. Fairbanks Court - elevator-inspection.

B y ALD£BMA/V OBBACff (46th Ward):

Japanese Americem Service Committee, 4427 N. Clark Street — boiler and fuel burning equipment inspection.

APPROVAL OF JOURNAL OF PROCEEDINGS.

JOURNAL (January 23, 1985).

The City Clerk submitted the printed Official Journal of the Proceedings of the regular meeting held on January 23,1985, at 10:00 A;M. signed by him as such City Clerk.

Aldermem Burke moved to Correct the sedd printed Official Journal as follows:

"l hereby move to correct the Joumal of Proceedings of the City Council of the City of Chicago on January 23,1985, C.J.P. pp. 12937 -12943 by adding the following section and by renumbering the sections in proper sequential order as shown below:

SECTION 5. A new Section 185-25.1 ofthe Municipal Code ofChicago, in italics, shall be created as follows:

185-25.1. At the close of each fiscal year, the Department of Water shall prepare a statement ofthe Revenues and Expenditures ofthe Water System ofthe City and a Balance Sheetthereof. The Department of Water shall then prepare an ordinance, for submission to the City Council, establishingtherates to be charged for water service in the folio wing


year. The fee, charges, and rates established by said ordinance shall be sufficient at all times to pay the cost of Operation and Maintenance ofthe Water System, to make principal and interest payments on any Outstanding Bonds, and to establish and maintain any reserve funds or accounts as may be covenanted for in bond ordinances authorizing the issuance of Outstanding Bonds.

SECTION 6. This ordinance shall be in full force and effect May 1,1985."

The motion Preuai/ed.

Thereupon, Aldermem Burke moved to Approve sedd printed Official Journal as Corrected, and to dispense with the reading thereof. The question being put, the motion Pret/ai/ed. >

UNFINISHED BUSINESS.

AUTHORITY GRANTED FOR DESIGNATION OF DEPOSITORIES FOR CITY AND SCHOOL FUNDS DURING 1985.

On motion of Aldermem Burke, the City Council took up for consideration the report ofthe Committee on Finance deferred emd published in the Journal of the Proceedings of January 23,1985 pages 12761,12770 and 12771, recommending that the City Council pass a proposed ordinance authorizing the designation of depositories for City and school funds during 1985.

On motion of Aldermem Burke, the sedd proposed ordinemce was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheeihan, Kelley, Shermem, Stemberk, Krystynieik, Henry, Nau'dulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Natarus, Oberman, Hansen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone-47.

Nays — None.

Alderman Natauus moved to reconsider the foregoing vote. The motion was lost.

The following is said ordinemce as passed:


SECTION 1. That the following regularly established National and State banks and savings and loan associations pursuant to an advertisement required by the Municipal Code of the City of Chicago have submitted bids for the payment of interest on certificates of deposit and/or time deposits of City and school funds and that each said depository has satisfactorily filed with the City Comptroller the information required by Chapter 7, Sections 7-33,7-34 and 7-34.1 ofthe Municipal Code ofthe City ofChicago:

2/4/85 UNFINISHED BUSINESS 13435

Commercial Banks

Amalgamated Trust & Savings American National Bank Chicago Bank of Commerce Chicago City Beink emd Trust Company Chicago-Tokyo Bank Colonial Bank amd Trust Commercial National Bemk Continental Illinois National Bank District National Bank Drexel National Bank Drovers National Bank East Side Bamk & Trust Company Exchamge National Bank First Commercial Bemk First National Bank ofChicago Heu-ris Trust & Savings Highlemd Community Bank Hyde Park Bank LaSalle National Bank Maine Bemk ofChicago Republic Bemk of Chicago.

SECTION 2. The depository institutions listed in Section 1 are hereby designated as legal depositories for City and school funds for the yeeur of 1985 and the City Treasurer may deposit monies received by him in emy of these institutions.

SECTION 3. That during the ensuing days of the year 1985, qualified depository institutions, as defined in Chapter 7 of the Municipal Code of the City of Chicago, that in the judgment of the City Comptroller have completed emd submitted bid forms to him will be designated as qualified and that he will so advise the City Treasurer.

SECTION 4. This ordinemce shall be effective from and eifler its passage.

MISCELLANEOUS BUSINESS.

PRESENCE OF VISITORS NOTED.

Honorable Harold Washington, Mayor, called the Council's attention to the presence of the following visitors:

Aquilino O. Pimental, former Mayor of City in Mindanao;

20 students from Lumumba Jackson High School accompanied by Marsha Jones;

87 students from Kemoon Magnet School accompanied by Debbie Gray, Alejandro Ferrer and Bob Stevens.

Time Fixed for Next Succeeding Regular Meeting.

By unanimous consent Alderman Burke thereupon presented a proposed ordinance which reads eis follows:


SECTION 1. That the next succeeding regular meeting ofthe City Coimcil ofthe City of Chicago to be held adler the meeting held on Monday the fourth (4th) day of Februairy, 1985, at 10:00 A.M. be amd the same is hereby fixed to be held on Wednesday, the thirteenth (13th) day of February, 1985. at 10:00 AM., in the Council Chamber in the City HaU. I

SECTION 2. This ordinamce shall take effect and be in force from amd edler its passage.

On motion of Alderman Burke, the foregoing proposed ordinemce was Passed by yeas and nays as follows:

Yeas — Aldermen Roti, Rush, Tillman, Evans, Bloom, Sawyer, Beavers, Humes, Hutchinson, Vrdolyak, Huels, Majerczyk, Madrzyk, Burke, Brady, Langford, Streeter, Sheahan, Kelley, Shermam, Stemberk, Krystyniak; Henry, Neirdulli, W. Davis, Smith, D. Davis, Hagopian, Santiago, Gabinski, Mell, Frost, Kotlarz, Banks, Damato, Laurino, O'Connor, Pucinski, Nateirus, Obermem, Hamsen, McLaughlin, Orbach, Schulter, Volini, Orr, Stone-47.

Nays — None.


Adjournment.

Thereupon, Aldermam Burke moved that the City Council do Adjourn. The motion Prevailed emd the City Council Stood Adjourned to meet in regular meeting on Wednesday, February 13,1985, at 10:00 A.M. in the Council Chamber in the City Hall.

%h-^1<MU.

WALTER S. KOZUBOWSKI, City Clerk.