NUMB:
970131
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to revision of various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
SECS:
99-4-9-c-2 am
99-4-15-a-1-f am
99-4-15-a-2-o am
99-10-2-e-o am
99-10-2-e-2-e am
99-10-2-e-4 am
295-133-10 am
295-313-9-a am
295-323-9-a am
295-333-8-f am
295-413-9-d am
295-423-8-f am
295-423-9-b am
295-433-9-c am
295-443-8-e am
295-453-8-f am
295-453-9-c am
295-463-8-g am
295-473-8-e am
295-513-9-h am
295-523-9-a-7 am
295-653-4 am
ANLS:
- Analysis -
This ordinance revises various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 99-4-9-c-2 of the code is amended to read.
99-4. Grant of Franchise.
9. FRANCHISE AWARD UPON COMPLETION OF INITIAL FRANCHISE TERM.
c. Procedure for Evaluating Performance of Grantee.
c-2. After giving public notice, the city shall proceed to determine whether the grantee has satisfactorily performed its obligations under the franchise. To determine satisfactory performance, the city shall consider technical developments and performance of the system, programming, access management and programming, other services offered, cost of services, employment and contracting practices, and any other particular requirements set in this chapter; also, the city shall consider the grantee's annual reports made to the city and the FCC [[and the Milwaukee commission on community relations' annual reports, if any]]; industry performance on a national basis shall also be considered. Provision shall be made for comment by advisory agencies and the public.
Part 2. Section 99-4-15-a-1-f and 2-0 of the code is amended to read:
15. EQUAL OPPORTUNITY POLICY
a. Affirmative Action.
a-1. Plan Required.
a-1-f. Establishment of goals and timetables for minorities and females for all job groups based on resident percentages. Separate goals shall be set for each racial/ethnic minority group where such group represents 2% of the city's population. Establishment of construction projects and/or contract goals in crafts where the workforce availability is below resident parity (as deemed by the [[office of telecommunications]] >>department of administration<<) may be expressed in percentages of total hours of employment and training of minorities and female utilization to reach resident parity.
a-2. Franchise Responsibility. The grantee shall file an annual affirmative action plan with the [[office of telecommunications]] >>department of administration<<. The first said plan is to be filed within 60 days of the effective date of the franchise. Subsequent annual plans will be due on the anniversary date of each year of the filing of the first plan. Each such plan must be approved in writing by the department of administration. Such approval shall not be unreasonably withheld. Within 30 days of receipt of the plan, the department of administration shall notify the grantee in writing of its approval or its reasons for withholding approval. If not approved, the department of administration shall advise and consult with the grantee for the purpose of assisting the grantee in developing an acceptable affirmative action plan.
Part 3. Section 99-10-2-e-0, e-2-e and e-4-0 of the code is amended to read:
99-10. Operation and Maintenance.
2. REPORTS REQUIRED.
e. System Reports. The following financial and operational reports, unless otherwise mutually agreed to by the parties, shall be filed annually with the [[cable regulatory office of the]] department of administration which shall advise the utilities and licenses committee of the common council and appropriate city departments of such filing.
e-2-e. Letter of certification. Company shall annually submit a report to the [[cable regulatory office of the]] department of administration which has been signed by the 2 officers of the company and indicates (if applicable) the methodology used to separately account for any businesses operated by the company, not subject to the city's cable ordinance. Said report shall include certification that the financial statements for cable television business which are subject to city regulation are accurately presented and do not include revenues or expenses associated with the other non-regulated business.
e-4. Additional reports, required by the [[cable regulatory office of the]] department of administration; proprietary: The annual financial report shall contain the following additional reports, not covered by the auditor's opinion and submitted under separate cover. However, these reports shall be deemed to be of a proprietary nature and shall be used solely by the [[cable regulatory office]] >>department of administration<< or the city comptroller, and shall not be further distributed or copied without express written consent of the company:
Part 4. Section 295-133-10 of the code is amended to read:
295-133. Special Uses.
10. ENTERTAINMENT AND RECREATION. Commercial hotels in R/A/85 and R/A/125 districts >>, subject to s. 295-14-4<<.
Part 5. Section 295-313-9-a of the code is amended to read:
295-313. Special Uses.
9. SERVICES. a. Dry cleaning establishments operated on a retail basis directly with the customer on the premises >>, subject to s. 295-14-6<<.
Part 6. Section 295-323-9-a of the code is amended to read:
295-323. Special Uses.
9. SERVICES. a. Laundries >>, subject to s. 295- 14-5<<.
Part 7. Section 295-333-8-f of the code is amended to read:
295-333. Special Uses.
8. MOTOR VEHICLE.
f. The sale, rental or leasing of motor vehicles >>, subject to s. 295-75-7 and 8<<.
Part 8. Section 295-413-9-d of the code is amended to read:
295-413. C9A (High Density Residential): Special Uses.
9. SERVICES.
d. Laundries >>, subject to s. 295-14-5<<.
Part 9. Section 295-423-8-f and 9-b of the code is amended to read:
295-423. C9B (Residential and Specialty Use): Special Uses.
8. MOTOR VEHICLE.
f. Car washes >>, subject to s. 295-14-7<<.
9. SERVICES.
b. Laundries >>, subject to s. 295-14-5<<.
Part 10. Section 295-433-9-c of the code is amended to read:
295-433. C9C (Neighborhood Retail): Special Uses.
9. SERVICES.
c. Laundries >>, subject to s. 295-14-5<<.
Part 11. Section 295-443-8-e of the code is amended to read:
295-443. C9D (Civic Activity): Special Uses.
8. MOTOR VEHICLE.
e. Car washes >>, subject to s. 295-14-7<<.
Part 12. Section 295-453-8-f and 9-c of the code is amended to read:
295-453. C9E (Major Retail): Special Uses.
8. MOTOR VEHICLE.
f. Car washes >>, subject to s. 295-14-7<<.
9. SERVICES.
c. Laundries >>, subject to s. 295-14-5<<.
Part 13. Section 295-463-8-g of the code is amended to read:
295-463. C9F (Office and Service): Special Uses.
8. MOTOR VEHICLE.
g. Car washes >>, subject to s. 295-14-7<<.
Part 14. Section 295-473-8-e of the code is amended to read:
295-473. C9G (Mixed Activity): Special Uses.
8. MOTOR VEHICLE.
e. Car washes >>, subject to s. 295-14-7<<.
Part 15. Section 295-513-9-h of the code is amended to read:
295-513. Special Uses.
9. SERVICES.
h. Laundries >>, subject to s. 295-14-5<<.
Part 16. Section 295-523-9-a-7 of the code is amended to read:
295-523. Special Uses.
9. SERVICES.
a-7. Laundries >>, subject to s. 295-14-5<<.
Part 17. Section 295-653-4 of the code is amended to read:
295-653. Special Uses.
4. PUBLIC AND QUASI-PUBLIC. Transmitter towers which do not exceed 80 feet in height and which the board of zoning appeals finds will not adversely impact the aesthetics of the lakefront, will promote the public interest, and will be an aid to navigation within the meaning of the public trust [[document]] >>doctrine<<.
Part 18. Renumbering. Reference to various sections and chapters of the Wisconsin Adm. Code listed in the following sections of the code are changed as shown:
Code Section Current Reference New Reference
101-4.5 MVD 5 Trans 305
200-33-43-L ILHR 82 Comm 82
222-58 ILHR 81 to 86 Comm 82 to 87
222-01 ILHR 81 to 86 Comm 82 to 87
225-4-2-d ILHR 82.36 Comm 82.36
225-4-3-e ILHR 82.36 Comm 82.36
225-4-4-d ILHR 82.20 Comm 82.20
225-4-4-d ILHR 82.34 Comm 82.34
225-4-4-d ILHR 82.36 Comm 82.36
225-4-5 ILHR 82.36 Comm 82.36
225-14-4 ILHR 83.18 Comm 83.18
225-15-2-b ILHR 83.09 Comm 83.09
225-16-1-a ILHR 83 Comm 83
225-18-3 ILHR 83 Comm 83
246-3-1 ILHR 82.51 Comm 82.51
252-71-1 ILHR 82 Comm 82
252-71-2-g ILHR 82.34 Comm 82.34
252-71-3 ILHR 82.34 Comm 82.34
252-74-5-e ILHR 82.34 Comm 82.34
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97204.2
BJZ:bsw
4/23/97Comm 83
246-3-1 ILHR 82.51 Comm 82.51
252-71-1 ILHR 82 Comm 82
252-71-2-g ILHR 82.34 Comm 82.34
252-71-3 ILHR 82.34 Comm 82.34
252-74-5-e ILHR 82.34 Comm 82.34
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB97204.2
BJZ:bsw
4/23/97