2007-49 AMENDING CHAPTER 42 OF THE CITY CODE

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—� � " 1 ORDINANCE NO. 2007-49 AN ORDINANCE AMENDING CHAPTER 42 OF THE CI Y CODE OF THE CITY OF DECATUR, ILLINOIS, TO IMPOSE REGU AIIONS ON PROVIDERS OF CABLE AND VIDEO SERVICES IN THE UNICIPALITY TO STIMULATE A COMPETITIVE MARKETPLACE FOR BR ADBAND SERVICES WHEREAS, Article VIII, Section 10 of the Constitution of the State of Illinois authorizes units of local government to contract and otherwise associate with in' ividuals, associations and corporations in a manner not prohibited by law or ordinance; and WHEREAS, Competitive Video Service is an important com unications service desired by the citizens of the City of Decatur, Illinois ("Municipality"); and WHEREAS, it is in the public interest to ensure that Ca le Service Providers and II Competitive Video Service Providers do not discriminate in whom they serve based on race, �� ethnic status, income, area in which they live or other appropriate basi ; and WHEREAS, Cable Service and Competitive Video Service ill provide the citizens of I'�� the Municipality with increased options for communications service; a d WHEREAS, the systems operated by Cable Service Provide s and Competitive Video Service Providers use the public rights-of-way for lines and related fa ilities through which such Providers offer service for private commercial profit; and ' WHEREAS, the public rights-of-way represent a limited resource over which the Municipality has a custodial duty to ensure they are used, repaired a d maintained in a manner that best serves the public interest; and WHEREAS, the Municipality is granted the power to license, ranchise and tax operators of community antenna television systems pursuant to Section 11-42-11 of the Illinois Municipal �� Code; and WHEREAS, the Municipality has been granted power to fr nchise operators of cable television systems pursuant to Title 47 of the United States Code, as a ended; and '