(A) It is the intent of the city to provide for the orderly resolution of any controversy or dispute between the franchisee and the city arising out of the enforcement or interpretation of any provision of this chapter, the franchise agreement, or any rule, regulation, or procedure relating to cable communication matters. Fact finding and mediation shall be the means of resolving the great majority of such controversies or disputes. Only those matters specifically designated as arbitrable may be submitted to that process for binding resolution. None of these methods, however, shall be the first resort of the parties, but shall be undertaken only after reasonable efforts have been made to reach agreement by negotiation.
(B) Any controversy or dispute, upon the election of either the city or the franchisee, shall be submitted to an expert individual acceptable to both parties for an investigation of the facts and a report thereof. Such fact finding shall be for the purpose of developing better information for the use of both parties and shall not be binding on either party. All fees and other expenses resulting from such fact finding shall be equally borne by both the city and the franchisee.
(C) Any controversy or dispute, upon the election of either the city or the franchisee, may be submitted to an expert individual acceptable to both the franchisee and the city for the purpose of facilitating discussion and receiving new perspectives on the issues and new proposals for compromise. Such mediation shall not be binding on either party. All fees or expenses resulting from such mediation shall be equally borne by both the city and the franchisee.
(D) Unless both parties agree, only those matters which are expressly arbitrable under the provisions of the franchise agreement or this chapter may be submitted for arbitration. Such matters shall include disputes over the fair market value of the system. Arbitrable matters may be submitted to a single expert individual, if both parties agree to do so. Otherwise, arbitrable matters shall be submitted pursuant to the provisions of Illinois law relating to Arbitration and Award. All fees or other expenses resulting from such arbitration shall be paid by the city and the franchisee as hereinafter provided.
(E) The fees of single experts and arbiters shall be jointly borne by the franchisee and the city. The fee of an arbiter who represents one of the parties shall be borne by that party. The fee for the umpire shall be jointly borne by the franchisee and the city. The expenses of fact finding and mediation shall be jointly borne by the franchisee and the city.
(F) The expenses of arbitration shall be borne as determined by the arbitration panel in its award of finding, but in no event shall the city be obligated for more than one-half of the expenses.
(Ord. 96-9, passed 2-26-1996)