Neighborhood Protection Plan

Detail of Wrigley Field Neighborhood Protection Plan

S U B S T I T U T E     O R D I N A N C E

WHEREAS, the City of Chicago ("City") is a home rule unit pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and,

WHEREAS, the continued location in the City of major league professional sports teams is a matter of civic importance; and,

WHEREAS, the presence of major league professional sports teams in the City provides substantial economic benefits to the City, including employment opportunities, economic activity in the surrounding areas, revenue from tourism and the receipt of direct and indirect tax revenue by the City; and,

WHEREAS, the presence in the City of major league professional sports teams also provides an important sense of civic pride, and assists in maintaining the City's central position in the metropolitan area; and,

WHEREAS, the ability of major league professional sports teams to operate on a viable basis is a prerequisite to their remaining as local teams; and,

WHEREAS, the interests of residential neighborhoods near stadiums that are currently addressed by the existing provisions of the Municipal Code can also be protected by the Municipal Code, as amended by this Ordinance, and by binding agreements entered into between the City and owners of sports stadiums that limit the number and times of night games and other effects of sports events at such stadiums and that provide for services for affected neighborhoods; and,

WHEREAS, interests of residents and residential neighborhoods near stadiums are taken into account by the limitations set forth in this Ordinance, in particular with respect to the capacity of stadiums and the number and times of night games; and,

WHEREAS, to further ensure the interests and concerns of the residents and residential neighborhood surrounding Wrigley Field are adequately protected, it is necessary and appropriate for the City to mandate the implementation of an enhanced neighborhood protection and improvement program as set forth in this Ordinance; and,

WHEREAS, it is advantageous to and in the best interests of the City that the City and the Chicago National League Ball Club, Inc. ("Cubs"), contract as provided in this Ordinance with respect to Wrigley Field. Such contract implements amendments to the Municipal Code made by this Ordinance and provides for needs of the Wrigley Field neighborhood including, among other things, litter collection, traffic flow, off-street parking, limitations on times and dates when night games may be scheduled, and limitations on sale of beer and alcoholic beverages at night games. Those contracts enable the parties to make long term plans including, in the case of the Cubs, investments in the stadium based on provisions of the contract(s).

 

NOW THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

 

SECTION 1. Findings. All of the recitals above are expressly adopted as legislative findings of the City of Chicago and are incorporated herein and are hereby made a part of this Ordinance.

 

SECTION 2. Municipal Code Amendment. Section 4-156-430 of the Municipal Code of the City of Chicago is hereby amended by deleting the language stricken through and by adding the underscored language as follows:

4?156?430 Athletic contests at night and on weekday afternoons Restrictions.

(A) It shall be unlawful for any licensee or other person, firm, corporation or other legal entity to produce or present or permit any other person, firm, corporation or other legal entity to produce or present any athletic contest, sport, game, including any baseball game, or any other amusement as defined in Article I of this chapter, if any part of such athletic contest, sport, game, including any baseball game, or any other amusement as defined in Article I of this chapter (also known in this section and in this Ordinance as ("event(s)") takes place between the p.m. on a Friday or a Saturday, except up to two regular season hours of 8:00 p.m. and 8:00 a.m., or is scheduled to begin between the hours of 2:01 p.m. and 4:09 p.m. on weekdays (except for Memorial Day, Independence Day or Labor Day), and is presented in the open air portion of any stadium or playing field which is not totally enclosed and contains more than 15,000 seats where any such seats are located within 500 feet of 100 or more dwelling units. The 500 foot distance shall be measured from the seat to the nearest point of the buildings in which the dwelling units are contained. For purposes of this section, "dwelling unit" shall mean a room designed or used for sleeping accommodations, including hotel and dormitory rooms.

(B) The provisions of this Subsection (A) do not apply, in whole or in part, to any of the following:

(1) All?Star, playoff, post-season or playoff determinative, regular season tie-breaker, divisional or conference championship series, league championship series, World Series, or similar baseball games;

(2) Up to 18 regular season home baseball games of any team in each year, as designated by that team, which games are scheduled to begin at or prior to 7:05 p.m., or scheduled to begin no later than 8:00 p.m. if required by a national television contract;

(3) Any baseball game scheduled to begin at or prior to 3:35 2:01 p.m. or in the case of a double-header where the second game is scheduled to begin reasonably promptly after the end of the first game; and

(4) Up to 13 non-double-header baseball games scheduled to start on a Friday afternoon between 2:01 p.m. and 4:10 p.m. in calendar year 2004 and up to 4 non-double-header baseball games scheduled to start on a Friday afternoon between 2:01 p.m. and 4:10 p.m. in calendar year 2005, provided, however, that after calendar year 2005, no non-double-header baseball game shall be scheduled to begin on a Friday after 2:00 p.m.;

(5) During the duration of any contract between the City and any person, firm, corporation, legal entity, or professional sports team, which contract shall be that is authorized by the City Council of the City of Chicago, any games, contests, sports, amusements, or any other events that which may be held according to the terms of that contract; and

(6) Any non-major league baseball games or any baseball-related events, or any non-profit event expected to have less than approximately 10,000 in attendance;

(C) The provisions of Subsection (A) do not apply to the following regular season home baseball games of any team, as designated by that team, which games are scheduled to begin at, or prior to, 7:05 p.m., or scheduled to begin no later than 8:00 p.m. if required by a national television contract:

(1) Up to 4 regular season home baseball games in 2004 in addition to the regular season home baseball games allowed in Subsection (B)(2);

(2) Up to 8 regular season home baseball games in 2005 in addition to the regular season home baseball games allowed in Subsection (B)(2);


(3) Up to 12 regular season home baseball games in years 2006 through 2015 inclusive in addition to the regular season home baseball games allowed in Subsection (B)(2), provided however, that upon notice (which shall be given on or prior to November 1, 2005) up to 2 games during the 2006 season only may be delayed by up to one year to review compliance with the obligations of any person, firm, corporation, legal entity, or professional sports team that enters into a contract or agreement with the City of Chicago concerning neighborhood protections around a facility covered by this section; and

(4) Up to 12 regular season home games after year 2015 so long as any contract or agreement between the City of Chicago and any person, firm, corporation, team, or legal entity whose stadium or playing field is subject to this section concerning neighborhood protections for an area adjacent or near or around a facility covered by this section is in effect.

(D) Subject to Subsection (B)(1), (B)(5), and (B)(6), no regular season game may be scheduled to begin after 4:10 games per year may be scheduled on a Saturday after 4:10 p.m. if required by:

(1) Major League Baseball in a manner generally applicable to all major league baseball teams, or

(2) national television contract, or

(3) other circumstance beyond the control of any person, firm, corporation, team, or legal entity whose stadium or playing field is subject to this section, such as by a collective bargaining agreement.

(E) Games scheduled to begin at or prior to 8:00 p.m. may begin upon the conclusion of weather delays or delays caused by other similar unexpected natural occurrences or by death or serious personal injury to a fan or a player or management employee of any person, firm, corporation, team, or legal entity whose stadium or playing field is subject to this section, all beyond the control any person, firm, corporation, team, or legal entity whose stadium or playing field is subject to this section, without restriction as to time except those dealing with public safety.

(F) Baseball games and other permissible events scheduled to begin at or prior to 8:00 p.m., as permitted by this section, once commenced, may be concluded without restriction as to time except those dealing with public safety.

(G) The terms of this section may be enforced by the cCorporation council Counsel of the City of Chicago through injunction or any other suit, action or proceeding at law or in equity.

 

SECTION 3. Game-Related Matters Concerning Chicago National League Ball Club, Inc. and Wrigley Field.

(A) Regular Season Night Games. Subject to the terms of Section 4-156-430 of the MUNICIPAL CODE OF THE CITY OF CHICAGO and this Subsection A, the Cubs may schedule, in each baseball season, regular season home baseball games at Wrigley Field, 1060 West Addison Street, Chicago, Illinois ("Wrigley Field" or "the park"), as Night Games, that is, baseball games scheduled to begin after 4:10 p.m. ("Night Game(s)").

(1) The Cubs may schedule no more than 4 Night Games in the 2004 regular season in addition to the regular season home baseball games allowed in Section 4-156-430(B)(2) of the MUNICIPAL CODE OF THE CITY OF CHICAGO.

(2) The Cubs may schedule no more than 8 Night Games in the 2005 regular season in addition to the regular season home baseball games allowed in Section 4-156-430(B)(2) of the MUNICIPAL CODE OF THE CITY OF CHICAGO.

(3) The Cubs may schedule no more than 12 Night Games in addition to the regular season home baseball games allowed in Section 4-156-430(B)(2) of the MUNICIPAL CODE OF THE CITY OF CHICAGO in the 2006-15 regular seasons, and in any regular season after 2015 for so long as the contractual agreement embodied in this Ordinance is continued as provided in Section 7 of this Ordinance, provided however that the Cubs' compliance with this Agreement will be reviewed after the 2005 regular season, and if the Cubs have not complied with each of their obligations under this Ordinance and Agreement then at the direction of the City (which shall be given on or prior to November 1, 2005), the Cubs shall schedule no more than 10 night games in addition to the regular season home baseball games allowed in Section 4-156-430(B)(2) of the MUNICIPAL CODE OF THE CITY OF CHICAGO in the 2006 regular season.

(4) No regular season Night Games shall be scheduled to begin later than 8:00 p.m. Except if required by a national television contract or weather or other similar unexpected natural occurrences or by death or serious personal injury to a fan or a player or management employee of the Cubs, all beyond the control of the Cubs, the scheduled starting time of Night Games shall be 7:05 p.m.

(5) Games scheduled to begin prior to 8:00 p.m. may begin upon the conclusion of weather delays or delays caused by other similar unexpected natural occurrences, or by death or serious personal injury to a fan or a player or management employee of the Cubs, all beyond the control of the Cubs, as provided in Subsection E.

(6) No regular season Night Game shall be scheduled on a Friday or a Saturday, except up to two regular season games per year may be scheduled on a Saturday night if required by:

(a) Major League Baseball in a manner generally applicable to all major league baseball teams, or

(b) national television contract, or

(c) other circumstance beyond the control of the Cubs, such as by a collective bargaining agreement.

(7) The Cubs will give the City and residents of the surrounding community as much advance notice as possible of the dates and start times of all games.

(8) The proscription on Night Games shall not apply to the following, each of which may begin at any hour and may be held without restriction as to time and shall not count against the annual limitation on Night Games set forth in this Section:

(a) All-Star games,

(b) Post-season or playoff-determinative baseball games,

(c) Regular season tie-breaker games,

(d) Any play-off, Divisional Championship, Conference Championship, or League Championship games,

(e) World Series or other similar championship games, or

(f) Any similar baseball games to (a)-(e).

(B) Regular Season Weekday Afternoon Games. Regular season weekday afternoon baseball games must begin on or before 1:35 p.m., except as provided in Subsection C for the holidays specified in that Section, and except as provided in Subsections D, E and F. However, the Cubs may schedule up to 13 regular season baseball games to begin on Friday afternoon in the 2004 regular season to begin between 1:35 p.m. and 2:20 p.m. and may schedule up to 4 regular season baseball games on Friday afternoon in the 2005 season to begin between 1:35 p.m. and 2:20 p.m. The Cubs will not schedule any Friday baseball games to begin after 1:35 p.m. after the 2005 regular season so long as this Ordinance and Agreement is in effect.

(C) Regular Season Weekend And Holiday Afternoon Games. Afternoon games on weekends during the regular season and afternoon games on Memorial Day, on Independence Day and on Labor Day shall begin at or before 4:10 p.m., except as provided in Subsections D and E.


(D) Double-headers. Except as provided in Subsection E, double headers are permitted as follows:

(1) If the first game begins at or before 1:35 p.m. on a weekday, or on a weekend, and the second game begins reasonably promptly after the first game, provided, however, the first game of a double-header may begin at or before 3:05 p.m. on a weekend only if the weekend game is a tie-breaker, play-off, divisional, conference, league, World Series, or other similar championship or post-season determinative game and the second game begins reasonably promptly after the first game; or

(2) Where one game of the double-header was originally scheduled for an earlier date but was postponed because of weather or other similar unexpected natural occurrences or by death or serious personal injury to a fan or a player or management employee of the Cubs, all beyond the control of the Cubs, and

(a) the first game is scheduled to begin at or before 1:35 p.m., with the second game to start reasonably promptly after the end of the first game, or

(b) the postponed game is rescheduled as part of a double-header permissible under the terms of Article V of the 2003-2006 basic collective bargaining agreement executed between Major League Baseball and the Major League Baseball Players Association (attached to this Ordinance and Agreement as Exhibit A), regardless of whether that agreement is still in effect, in which case a day-night double header will be permitted; or,

(3) Where one game of the double-header was originally scheduled for an earlier date but was postponed because of weather or other similar unexpected natural occurrences, or by death or serious personal injury to a fan or a player or management employee of the Cubs, all beyond the control of the Cubs, and is rescheduled for a date originally scheduled to be a Night Game, and the double-header begins before 4:10 p.m., or

(4) If the Cubs and the City, by and through the City's Budget Director, mutually agree to the scheduling of a day-night or other double-header.

(5) Day-night double-headers are permitted only as consistent with the provisions of this Subsection. The second game of the day-night double header must be scheduled to begin at or before 7:05 p.m. (or, if later, reasonably promptly after the end of the first game or of any delay due to weather or other similar unexpected natural occurrences, or by death or serious personal injury to a fan or a player or management employee of the Cubs, all beyond the control of the Cubs, as specified in Subsection E) and counts toward the limitation in Subsection A and in Section 4-156-430 of the MUNICIPAL CODE OF THE CITY OF CHICAGO.

(E) Delays; Completion Of Games. Any baseball game at Wrigley Field, the beginning of which is delayed from its scheduled starting time because of weather or other similar unexpected natural occurrences, or by death or serious personal injury to a fan or a player or management employee of the Cubs, all beyond the control of the Cubs, may be begun upon the conclusion of the delay. Once any baseball game at Wrigley Field has begun in accordance with this agreement, it may be completed without being subject to any restriction, except for those dealing with public safety, as to the time the game may be held.

(F) No Game Requests. The Cubs will request Major League Baseball to not schedule Cubs home games on the day of the Pride Parade and the days of Halsted Street Market Days, with emphasis and first choice being specified for no game on the day of Pride Parade, provided the City gives notice to the Cubs no later than June 30 of the year preceding such events (e.g., June 30, 2004, for the 2005 events). In the event the City does not provide such notice, the Cubs will request Major League Baseball not have regularly scheduled Cubs home games on the last full weekend in June and either the first or second weekend in August of each year. If the request of the Cubs is not honored, the Cubs agree to notify the Relevant Aldermen and the Budget Director as soon as a draft schedule is made available (typically October of the previous year).

(G) Game Times And The Community. The Cubs agree to attempt to schedule games at times consistent with this Ordinance and Agreement that minimize neighborhood traffic and parking disruption, provided however that nothing in this Subsection G will prevent the Cubs from scheduling games at any time not precluded by this Ordinance.

(H) Special Games And Other Events. Notwithstanding anything in this Agreement to the contrary, the following may be scheduled and held at Wrigley Field at any time without restriction as to the time when they may be held:

(1) All-Star games,

(2) Post-season or playoff-determinative baseball games,

(3) regular season tie-breaker games,

(4) any play-off, Divisional Championship, Conference Championship, or League Championship games,

(5) World Series games,


(6) any similar baseball games to (1)-(5), or

(7) any non-major league baseball games or any baseball-related events, or any non-profit event expected to have less than approximately 10,000 in attendance.

(I) Beer And Other Alcoholic Beverage Sales. Subject to the limitations of this Subsection, beer and other alcoholic beverages may be sold in a lawful manner at all baseball games or other events at Wrigley Field. No such sale in open public seating areas and related public concourses may be made after 9:20 p.m. At any Night Game, no such sales in the open public seating areas and related public concourses may be made after the end of the seventh inning.

(J) Further Agreements Authorized. The Budget Director or his designee is authorized and directed to negotiate and execute with the Cubs, from time to time, further agreements or amendments as are necessary and appropriate concerning services with respect to Wrigley Field, including neighborhood protection and improvement.

(K) No Impairment. The City and the Cubs mutually pledge to work together amicably and cooperatively in fulfilling the goals and the requirements of this Ordinance and further mutually pledge not to take any action to impair any of the rights and obligations under this Ordinance or this Agreement. No provisions of the Chicago Municipal Code or other ordinances which may provide for fines or other criminal or quasi-criminal sanctions for ordinance violations will apply to this Ordinance and Agreement.

 

SECTION 4. Annual And Continuing Cubs Responsibilities. To ensure the interests and concerns of the residential neighborhood that surrounds Wrigley Field are adequately protected, the following components for neighborhood protection and improvement shall be implemented:

(A) Operation of Bike Corral. The Cubs will operate a bicycle parking "check room" at no charge from May 1 through the conclusion of each season (including post-season play) at or in an area close to Wrigley Field . The Cubs will ensure sufficient space is available for all bicycles desiring to park. The Cubs may perform other bicycle-related services for a fee.

(B) Remote Parking. The Cubs will operate a remote parking lot, with a minimum capacity of 500 vehicles for all Night Games and weekend games, All-Star games, post-season games, and the Night Game of a split double-header, for the entire term of this Agreement, subject to the following:

(1) The cost to consumers for remote parking in the 2004-2008 seasons will be a maximum of $5 plus city, county and other applicable taxes

(2) The cost to consumers for remote parking in the 2009-2015 seasons will be a maximum of $6 plus city, county and other applicable taxes.

(3) If fewer than 300 cars on average per Night Game and weekend game park in remote parking, then 100% of the revenue received from customers paying for remote parking, less taxes paid, will be contributed by the Cubs as an additional contribution to the CubFund (as described in Section 5 below).

(4) If between 300 and 500 cars on average per Night Game and weekend game park in remote parking, then 75% of the revenue received from customers paying for remote parking, less taxes paid, will be contributed by the Cubs as an additional contribution to the CubFund (as described in Section 5 below) and the Cubs may retain 25% of the revenue from remote parking.

(5) If between 501 and 1,000 cars on average per Night Game and weekend game park in remote parking, then 50% of the revenue received from customers paying for remote parking, less taxes paid, will be contributed by the Cubs as an additional contribution to the CubFund (as described in Section 5 below) and the Cubs may retain 50% of the revenue from remote parking.

(6) Remote lot will be located outside of the area boundary of the LV-2 night sticker program as presently or in the future defined. Remote parking will take place in 2004, and may take place in subsequent years, at the parking lot of DeVry University on North Rockwell Street, west of Western Avenue and south of Addison Street ("DeVry") or other similar location with the City's concurrence.

(7) The Cubs will install or perform in or near the remote parking lot at DeVry or similar location that may be used for this purpose as may be necessary, the following:

(a) at least two portable toilets,

(b) reasonable, appropriate security,

(c) reasonable appropriate lighting enhancements, and

(d) necessary trash bin and litter pick-up at and immediately surrounding any remote lot(s).

(8) The City will help secure the use of the parking lot at DeVry at a cost to the Cubs reasonably consistent with that paid by the City for the 2003 season for the DeVry lot as reasonably adjusted.

(9) The Cubs will run shuttle bus service to and from remote lot(s).

(a) The City will help secure Chicago Transit Authority ("CTA") bus shuttle service to the remote lots at a cost reasonably consistent with that paid by the City for the 2003 season for the DeVry lot as reasonably adjusted, provided, nothing in this paragraph requires the Cubs to use the CTA for the shuttle bus service.

(b) The Cubs will ensure service levels at least at the service levels maintained in the 2003 season for Night Games.

(c) The Cubs shall maintain the service for at least two hours after weekend day games.

(10) The Cubs will contract with WGN for use of WGN studio lot on Bradley Place, west of Western Avenue, for all Night Games and weekend baseball games and all other night events for parking for employees, vendors, and any contractor employees working at or around Wrigley Field.

(a) Exit from this lot for the games and events covered by this Ordinance shall be via Talman Avenue to Addison Street only.

(b) The Cubs shall take appropriate action to insure use of the WGN studio lot by employees, vendors, and any contractor employees working at or around Wrigley Field.

(c) Cars of employees, vendors, or contractor employees in the WGN lot do not count toward the benchmarks for remote parking specified in Sections 4(B)(3) through 4(B)(5), inclusive.

(d) The Cubs will quantify and report in its annual report and as reasonably requested by appropriate City officials on space usage at the WGN studio lot as well as its efforts to ensure employees, vendors and any contractor employees working at or around Wrigley Field are using the WGN studio lot.

(e) The Cubs will offer employees and vendors discounted Chicago Transit Authority passes, where offered by the CTA, in accordance with Chicago Transit Authority programs.

(11) The Cubs and the City mutually agree to make reasonable efforts to promote and increase the use of remote parking.

(C) Public Transportation.

(1) The Cubs will make reasonable space available to the Chicago Transit Authority to install one automatic transit card sale machine adjacent to an ATM machine on the Wrigley Field concourse. The machine shall be in a secure area that is nevertheless accessible to the public. The Cubs agree to give reasonable access to the Chicago Transit Authority at non-game times to inspect and service the automatic transit card sale machine.

(2) The Cubs will make public transportation information available at Wrigley Field by public transportation booth and/or at customer service window.

(3) The Cubs will accommodate the Chicago Transit Authority for ballpark promotion day(s), consistent with other promotions.

(4) The Cubs will cooperate with the Chicago Transit Authority and/or the Chicago Department of Transportation to conduct in-park transit and transportation surveys.

(D) Promotion. The Cubs will promote the Bike Corral, Remote Parking, and Public Transportation (including availability of transit cards and transit information at Wrigley Field), in appropriate amounts as determined by the Cubs (and agree to discuss its efforts with appropriate City officials if requested), but no less than the following:

(1) at least one in-game announcement will be made during each television and radio broadcast; and

(2) detailed information (including, for example, maps or diagrams), conspicuously and easily found, will be available on the Cubs Web site or its successor; and

(3) detailed information (including, for example, maps or diagrams) will be published in Cubs publications such as programs and Vine Line monthly magazine or equivalents; and

(4) information will be included in scorecards as space permits; and

(5) detailed information (including, for example, maps or diagrams) will be provided in season ticket packages; and

(6) information, as space permits, will be included in individual ticket sales by/through the Cubs; and

(7) the Cubs will print brochures to be made available for hotels and other visitor venues publicizing the Cubs or Wrigley Field that will include information on public transportation, the bike corral and remote parking, and contain maps or diagrams; and

(8) notwithstanding the foregoing or anything in this Agreement to the contrary, the Cubs may promote any of the neighborhood protection services set forth in this Ordinance and Agreement in additional amounts in their discretion, provided, however the obligations set forth in Sections 4(D)(1) through 4(D)(7), inclusive, are the exclusive requirements of the Cubs under this Ordinance and Agreement with regard to promotion.

(E) LV-2 Sticker Program.

(1) The Cubs will assume the cost of, and/or responsibilities for, printing night game stickers and visitor placards including holograms consistent with operation and cost (e.g., number and design of stickers and placards) of that program in 2003. The Cubs shall determine printing options and may do so in a cost effective manner in their discretion.

(2) Stickers and visitor placards with holograms shall be made in such a manner that they are not easily reproduced using every reasonable effort to minimize cost.

(3) Future placard or sticker programs may be conducted in a manner mutually agreed upon between the Cubs and the City in consultation with the Aldermen and taking into account the views of the neighborhood.

(F) Litter And Trash. The Cubs will:

(1) continue to make in-the park announcements (e.g. throw-away trash in bins before leaving the park and throw trash only in bins outside of the park); and

(2) continue to provide trash drums and personnel stationed at exits to stop people from bringing non-souvenir cups, wrappers, and other trash from Wrigley Field by asking people to deposit trash in bins before exiting the park; and

(3) continue to post signs reminding people to throw-away trash in bins before exiting the park and throw-away trash only in bins outside of the park; and

(4) continue to keep property in area bounded by Clark Street, Addison Street, Sheffield Avenue, and Waveland Avenue generally clean on all game days and non-game days; and

(5) empty garbage bins and clean area (including picking up trash) as needed during, and up to two hours before and after, all games including the trash bins on opposite sides of the streets identified in Section 4(F)(4); and

(6) undertake litter and trash pick-up, including hand-work, sweeping, trash baskets emptying, in the following areas:

(a) the area bounded by Racine Avenue, Grace Street, Wilton Avenue, and Cornelia Avenue after Night Games, and

(b) Kenmore Avenue adjacent to Challenger Park and Kelly Park and Seminary Avenue adjacent to Kelly Park after Night Games, and

(c) all Cub (or affiliate)-owned or -operated Wrigley Field parking lots on all game days including those remote lots operated pursuant to Section 4(B) of this Ordinance on the days the Cubs (or affiliate) operate those lots; and

(7) purchase up to 100 new trash cans for placement in the area specified in the map described in Section 4(F)(8)(a) below.

(8) empty all public or Cubs-owned or placed trash bins

(a) at corners or locations in the area bounded by Halsted Street, Montrose Avenue, Damen Avenue, and Belmont Avenue as specified in the map attached to this Ordinance as Exhibit B, provided however that corners or locations, and numbers of corners or locations, of trash bins as well as the area boundaries may be reviewed and altered by agreement of the Cubs and the City with the concurrence of the Aldermen.

(b) after all day and weekend games

(i) either the evening of, or the morning following, any Friday, Saturday and Sunday Night Games except for the hours of 11:00 p.m. to 9:00 a.m., and

(ii) the afternoon or evening of all day games, but in any event no less than three hours after any covered game, unless excepted by the time limitations in this subparagraph, and

(c) at least once per weekend on non-game weekends between April 1 and October 1.

(9) power wash the sidewalks immediately adjacent to Wrigley Field (north side of Addison Street, west side of Sheffield Avenue, south side of Waveland Avenue, east side of Clark Street) at least once per home stand, and at the sidewalks immediately adjacent to all Wrigley Field parking lots owned by the Cubs or its affiliates regularly as needed.

(G) Other Quality Of Life Issues.

(1) The Cubs will provide command center facilities and a hot-line at least two hours before and two hours after all games unless the Cubs and the City mutually agree to a different time period.

(2) The Cubs will publicize the hot-line number on Cubs' information distributed to the community.

(3) The Cubs will continue an e-Mail alert system that will include sending notice of any meetings held pursuant to this Ordinance, and will explore making the same or similar distribution available to all residents of the LV-2 area and publicizing the system on information distributed to the community by the Cubs.

(4) The Cubs staff will continue to monitor crowds after games (post-game neighborhood watch).

(5) The Cubs will operate portable toilets in or near all Cub-owned or operated parking lots.

(6) The Cubs will allow access to bleacher bathrooms for one hour after the end of all games unless other, comparable restroom facilities are available to the public at similar times. The Cubs will provide such information and in such manner (or similar, in the discretion of the Cubs) as provided during the 2003 regular season (sandwich boards).

(H) Community Relations.

(1) The Cubs will maintain a Community Liaison (Cubs staff person) to work with the community.

(2) The Cubs will participate in the meetings described in this Ordinance and will make a good faith effort to participate to the extent practicable in any other meetings or working groups that the City may establish and invite the Cubs to participate in.

(3) The Cubs will host at least one Wrigley Field Advisory Meeting as established in Section 9 of this Ordinance, per calendar year. Nothing in this paragraph shall be construed to prohibit or in any way limit the ability of the Cubs, in its discretion, to host other, or participate in any, Wrigley Field Advisory Meetings or Traffic Operations Control meetings established in Section 9.

(4) The Cubs will meet with the Aldermen as mutually agreed, at least once and up to four times per year unless the Aldermen agree to less in that calendar year. At one of those meetings, the Cubs shall have the opportunity to present views on the use of the CubFund moneys as established and operated in Section 5 of this Ordinance

(5) The Cubs will allow residents of the immediate neighborhood to park in Cubs-owned Blue Lot, which is located just west of Seminary Avenue, between Waveland Avenue and Grace Street, during non-game days, subject to reasonable standard operating procedures, and for so long as the Cubs or an affiliate own that parking lot.

(6) The Cubs will make an annual report on activities for neighborhood protection and improvement and provide its input on potential uses of the CubFund established and operated in Section 5 of this Ordinance at the Wrigley Field Advisory Meeting called for in this Ordinance that is hosted by the Cubs.

(7) The Cubs will make an annual written report detailing its actions in the past year, and its future plans in the upcoming year, to meet its obligations under this Ordinance and any subsequent agreements.

(a) This report shall be made available for distribution on the Cubs Web site, or its successor or equivalent, or made available to the City for display on the City's Web site for no less than one year; and


(b) The Cubs will provide a written and an electronic (in a mutually-agreed format) copy of this report to the Budget Director, the Chicago Department of Transportation, and the City Clerk of the City of Chicago no later than September 15 in calendar year 2005, and no later than December 1, or by agreement of the Cubs and the Budget Director in all other years this Agreement is in effect.

(8) The City may

(a) request reasonable documentation or follow-up information to clarify and confirm any matter in any Cubs report or to insure compliance with this Ordinance; and

(b) monitor Cubs compliance with this Ordinance and maintain enforcement authority under the mechanism provided in Section 6 of this Ordinance and through the meetings provided in this Ordinance.

(I) One-Time Cubs Payments.

(1) The Cubs will contribute up to $100,000 to fund an engineering study of building a potential permanent Addison Street entrance ramp onto Lake Shore Drive in calendar year 2005.

(2) The Cubs will fund the purchase of three variable message boards (approximately $48,000) in calendar year 2004. These message boards will be used during night and weekend Cubs games to promote the use of, and direct people to, the remote parking lot. During day games on which there is no remote parking, they will be used for traffic operations related to Wrigley Field as needed.

(J) Potential Method of Cubs Compliance. The Cubs may meet any of its obligations to perform services under this Ordinance (e.g., remote parking, trash bin pick-up, LV-2 sticker printing, etc.) by contracting with a third party or with the City for such services and, thereafter, by enforcing such rights with the contractor or assigning enforcement rights to the City.

(K) No Cubs Obligations. The Cubs will have no financial responsibility for continued operation of the Wrigley Field traffic meetings described in this Ordinance that are hosted by the Chicago Department of Transportation, the operation of the Addison Gate for south-bound Lake Shore Drive, the use of traffic control or other on-duty police personnel except as provided by general ordinance, LV-2 pamphlet and distribution of stickers and related material, and all other City services not enumerated in this Agreement, except as provided by ordinance of general applicability.

 

SECTION 5. CubFund (For Unanticipated Expenses).

(A) CubFund Payments.

(1) Subject to Sections 5(A)(2) and 5(A)(3), the Cubs will pay to the City $83,334 per year as adjusted in Section 5(A)(3) during the term of this Ordinance and Agreement for unanticipated expenses related to the impact of Cubs baseball games on the area that surrounds Wrigley Field. These contributions will be known as the CubFund.

(2) CubFund payments shall be paid annually to the City in equal amounts of $83,334 no later than January 31 of each calendar year. Any other payments required to be made by the Cubs pursuant to this Ordinance and Agreement, including any payments due pursuant to Sections 4(B)(3) through 4(B)(5) inclusive, shall be made no later than January 31 of each calendar year.

(3) The $83,334 annual CubFund payment shall be adjusted each year to reflect the annual change (vs. the previous year's payment, viz., to keep the amount paid approximately equal in value to $83,334 in 2004 dollars) in the greater of the United States Gross Domestic Product, or the United States Consumer Price Index as published for the full calendar year by the United States Government.

(B) Limitation On CubFund Uses.

(1) The CubFund shall be used exclusively in furtherance of neighborhood protection and improvement for matters related to Cubs baseball games and other events at Wrigley Field.

(2) The CubFund shall be used exclusively within the area bounded by the North Branch of the Chicago River, Diversey Parkway and Avenue, Lake Michigan, Buena Avenue, Clark Street from Buena Avenue to Montrose Avenue and adjacent blocks, and at or around any remote parking lots.

(C) CubFunds Segregation And Annual Appropriation.

(1) CubFund moneys shall be segregated from other funds belonging to or administered by, the City, but otherwise shall be administered as a grant according to the system of funds and accounts generally employed by the City Comptroller and in accordance with Section 5(D).


(2) Resources from the CubFund will be annually appropriated and expended in a general spending plan that is consistent with this Section 5. The expenditures will be determined jointly by the relevant Aldermen and the City Budget Director in furtherance of neighborhood protection and improvement for matters related to Cubs baseball games and other events at Wrigley Field, taking into account the counsel given at the Wrigley Field Advisory Meetings established by this Ordinance as well as the input of the Cubs, in an ordinance presented to, and approved by, the City Council of the City of Chicago.

(3) All funds contributed by the Cubs to the CubFund shall become City property and will remain cumulatively in the CubFund until expended.

(D) Identification Of Cub Fund.

(1) The City shall use its best efforts to ensure that expenditures of CubFunds are made in a manner that appropriately identifies the Cubs as the source of those funds and the identification of the specific alderman(men) involved in the expenditure.

(2) In all cases possible, CubFund dispersals will include a letter, or equivalent, from the Cubs stating the funds for the contract, project, or activity are from the CubFund that is funded by the Cubs and are expended on the recommendation of specifically identified alderman(men) and containing any other terms concerning baseball and neighborhood protection that the Cubs may reasonably desire. An inadvertent omission of this letter shall not constitute a breach of this Ordinance and Agreement.

(3) In all cases possible, the City will not disburse any CubFunds without notifying the Cubs and the Aldermen of any CubFund dispersals prior to the award of any contract, project or activity and prior to any first payments for any such contract, project or activity. Notice shall be made in sufficient time that both the Aldermen and the Cubs may, at their discretion, arrange for a meeting for the Cubs and/or the Aldermen to be present at any signing, starting of any CubFund contract, project, or activity, or any presentation of first payment for such. An inadvertent omission of this notice shall not constitute a breach of this Ordinance and Agreement.

(4) The City will request, by contract where feasible, any recipient of CubFunds to attend a meeting with the president of the Cubs or his/her designee and with the relevant Alderman(men) prior to the receipt of any CubFunds.

 

SECTION 6. Enforcement.

(A) General Cooperation. The Cubs and the City agree to make all reasonable efforts to resolve any disputes in a cooperative and expeditious manner and may arrange whatever meetings or other interaction they may mutually agree upon to fulfill this general goal of mutual cooperation.

(1) The City will monitor complaint(s) to the City's "311" hotline and the Wrigley Field "hotline" covered under Section 5(G)(1) of this Ordinance and Agreement regarding issues related to Night Games and matters covered by this Ordinance and Agreement. The City will refer matters that are the responsibility of the Cubs to the Cubs for review and action. The parties will meet at least twice each year to review and address increases, if any, or changes in the volume or nature of such complaints and the Cubs' response.


(B) Dispute Resolution Mechanism. If either the City or the Cubs believes the other party is not meeting the requirements of this Ordinance and Agreement, the parties will employ the following dispute resolution mechanism:

(1) Either party may request a meeting to address the issues. In the event of such a request, the parties shall meet within 10 working days (unless otherwise agreed), at which any Relevant Alderman(men) or City official(s) or Cubs official(s) may participate.

(2) If, after such a meeting specified in Section 6(B)(1), the issues are still unresolved, the City or the Cubs may issue a written notice or letter specifically detailing the alleged non-compliance. The letter may request formal discussions or meetings, which must commence within five working days after receipt unless otherwise agreed, at which any Relevant Alderman(men) or City official(s) or Cubs official(s) may participate.


(3) If, after such a meeting specified in Section 6(B)(2), the parties have not resolved the dispute, then any and all disputes between the parties arising out of, relating to, or concerning this Ordinance and Agreement, and whether arising during or after termination of this Ordinance and Agreement, may be submitted to the decision of a board of arbitration composed of three arbitrators meeting in Chicago, Illinois. If either party requests arbitration, and notifies the other party no later than twenty working days after filing of any court complaint pursuant to Section 6(B)(5), the dispute must be submitted to arbitration. The arbitration will be final and binding on the parties and will proceed as follows:

(a) Submission to Arbitration: A notice requesting arbitration, or any other notice made in connection therewith, will be sent in writing to the other party.

(i) Notice requesting arbitration will state in particulars all issues to be resolved in the view of the requesting party and will appoint the arbitrator selected by the requesting party.

(ii) Within five business days after receipt of such notice, the respondent will notify the requesting party of any additional issues to be resolved in the arbitration and of the name of its appointed arbitrator.

(b) Arbitration Panel: Unless otherwise agreed by the Cubs and the City, the arbitration shall be conducted by a panel of three arbitrators selected by the parties in the following manner:

(i) the Cubs shall choose an arbitrator who is a person who is not a current or former employee of the Cubs or of the Tribune Company or any affiliated company of either, or an immediate relative or first cousin of any such person, or a current or former employee of Major League Baseball or any Chicago area sports franchise, or any affiliated company or an immediate relative or first cousin, or any entity in which the individual has an interest of any such person, or a person who is doing business with the Cubs, the Tribune Corporation, Major League Baseball or any Chicago area sports franchise, or any affiliated company or relative of any such person if the individual or immediate relative or first cousin, or any entity in which the individual has an interest, receives any compensation or non-aid monetary benefit related to, or from, those entities;


(ii) the City will appoint an arbitrator who is not a current or former employee of the City or an immediate relative or first cousin of any such person and is not a resident of, or doing business with the City or in the area defined in Section 10(B). For purposes of this Section, an individual is deemed to be doing business with the City or in the area defined in Section 10(B) if the individual or an immediate relative or first cousin, or any entity in which the individual has an interest, receives any compensation or non-aid monetary benefit from the City or from any individual, company or entity related to activity conducted in the area defined in Section 10(B), and has not been appointed to office or position by the City or its employees;

(iii) for purposes of this section, "former employee" or a person who "has not been appointed to office or position by the City or its employees" means a person who was employed or who served under an appointment by the specified entity within the last twelve years;

(iv) the two arbitrators will appoint an umpire, who will be a person distinguished for his or her service to metropolitan Chicago meeting the criteria for both the Cubs arbitrator and the City's arbitrator. If the two arbitrators fail to agree on the appointment of the umpire, each of the arbitrators will nominate three individuals meeting the umpire's criteria. Each arbitrator will then decline two of the nominations presented by the other arbitrator. The umpire will then be chosen from the remaining two nominations by random drawing.

(v) The parties may mutually agree to waive any qualification requirement of an arbitrator set forth in clauses (i), (ii) and (iv).

(c) Decision of the Arbitration:

(i) Each arbitrator will act in a non-partisan manner, and will render his or her judgment based solely on an independent analysis of the merits of the dispute. The arbitrators will not be obliged to follow judicial formalities or the rules of evidence. Rather, the arbitrators will render a written decision with regard to the terms of the relevant Section(s) of this Agreement and the Ordinance, as well as the original intentions of the parties to the extent reasonably ascertainable.

(ii) It is the intent of the parties that their relationship be construed not as a strictly legal undertaking but in the context of the determination to best serve the interests of the City, the neighborhood, and the Cubs.


(iii) The written decision rendered by a majority of the arbitrators will be final and binding. All expenses of the arbitration will be equally divided between the parties.

(d) The arbitration panel may, by majority vote, grant any remedy or relief that it deems just and suitable, including, but not limited to:

(i) an award requiring a party to meet its obligations under this Ordinance and Agreement,

(ii) reimbursement and/or damages for a party's failure to meet its obligations under this agreement,

(iii) additional or reduced contributions to the Cub Fund,

(iv) adjustments to the obligations of the Cubs and/or the City,

(v) in extreme cases, the loss or suspension of a number of permissible night games, and/or

(vi) any combination of these remedies.

(e) The arbitration panel will adhere to the following schedule unless the parties otherwise agree or if the arbitrators determine in their discretion a different schedule is in the interest of the parties, the arbitration, or the arbitration decision:

(i) the complaining party will file its complaint within 10 business days after its receipt of the notice in Section 6(B)(3)(a)(ii);

(ii) the responding party will have 10 business days after receipt to respond;

(iii) the complaining party will have seven business days after receipt to reply;

(iv) a hearing will be held within 15 business days of the date the reply brief is received by the arbitrators and the responding party, unless a sur-reply is allowed by the arbitrators, in which case a hearing will be held within 15 business days of the date a sur-reply is received by the arbitrators and the complaining party; and


(v) a written decision by majority decision will be rendered within 15 business days thereafter unless the arbitrators determine they need an additional 15 business days or more in extreme cases because of unexpected complexity or other unexpected reasons. A disagreeing arbitrator may issue a written dissent, but this shall not be cause for delaying the written decision of the majority beyond the time set for its decision.

(f) In the event either party challenges the arbitration decision in a court proceeding, the parties agree to abide by the decision of the arbitrator while those proceedings are pending.

(g) Any arbitration under this provision shall be governed by the Illinois Uniform Arbitration Act.


(5) If arbitration is not chosen by either party, then either party may file suit in a federal or state court in Chicago, Illinois, to enforce the agreement by declaratory judgment or injunction or mandamus or by any combination. In case of such suit, either party may request and, upon order of court shall receive, declaratory judgment, injunction, reimbursement and/or damages for failure to meet its obligations under this Agreement, additional or reduced contributions to the CubFunds, adjustments to the obligations of the Cubs and/or City, and, in extreme cases, the loss or suspension of a number of permissible Night Games, or any combination of these remedies.

(C) Dispute Resolution Mechanism --- Emptying Of Trash Cans.

(1) If the City believes the Cubs have not met the requirements of Section 4(F)(8) of this Ordinance and Agreement (empty all public or Cubs-owned or placed trash bins), the City will notify the Cubs and the Cubs shall perform as required by Section 4(F)(8) within 24 hours.

(2) If the Cubs have not performed as required by Section 4(F)(8) within 24 hours of receiving notice, then the City may perform the services required by Section 4(F)(8) and the Cubs shall reimburse the City for the cost incurred by the City of performing those obligations.

(3) Any dispute as to whether the Cubs have performed their obligations shall be submitted to binding arbitration pursuant to Section 6(B).


(4) If the Cubs enter into a contract with any third party for any requirement of Section 4(F)(8), the Cubs shall cause this provision to be placed in that contract as a contractual obligation of the third party.

 

SECTION 7. Term, Extension Of Term, And Termination. As specified in Section 8 of this Ordinance, Sections 3 through 8 and 10-11 of this Ordinance, inclusive, constitute a contractual agreement.

(A) Original Length Of Term.

(1) The contractual agreement shall be effective when approved by the City Council of the City of Chicago, signed by the Mayor of the City of Chicago and signed by the Cubs and delivered to the City Clerk of the City of Chicago and the Department of Law of the City of Chicago.

(2) The parties shall sign 3 duplicate originals, one to be kept permanently by the City Clerk of the City of Chicago, one to be kept by the Department of Law of the City of Chicago, and one to be kept by the Cubs.

(3) The contractual agreement shall expire December 31, 2015.

(B) Automatic Yearly Extension. After December 31, 2015, the contractual agreement shall renew automatically for one-year terms on the same terms set forth herein, provided that,

(1) unless mutually modified by agreement of the Cubs and the City through the Budget Director, in consultation with the Relevant Aldermen, and provided however,

(2) any monetary contribution by the Cubs required under this Ordinance and Agreement, including CubFund contributions set forth in Section 5 and the remote parking charges to customers allowed by Section 4(B), shall be adjusted each year to reflect the annual change (vs. the previous year's payment) in the greater of the United States Gross Domestic Product, or the United States Consumer Price Index as published for the full calendar year by the United States Government.

(C) Termination. After 2015 the contractual agreement may be terminated by either party at any time by giving the other party written notice of termination. Written termination for the City shall be given by the Budget Director.


(1) Termination will be effective on December 31 of the calendar year following the calendar year in which notice is given.

(2) The party giving the notice of termination may withdraw the notice at any time prior to termination, provided, however, that if the City withdraws its notice of termination after November 15 in the year of termination, and the Cubs, after good-faith effort, are unable to schedule the 12 additional night games otherwise allowed by this contractual agreement and section 4-156-430 of the MUNICIPAL CODE OF CHICAGO, the Cubs shall have none of the obligations of that contractual agreement in that following calendar year unless mutually agreed between the City and the Cubs.

 

SECTION 8. Specified Ordinance Sections Constitute A Contract.

(A) Sections That Constitute A Contract. Sections 3 through 8 and 10-11, inclusive, of this Ordinance constitute a contractual agreement between the City and the Cubs that shall take effect in accordance with the provisions of Section 7(A)(1) of this Ordinance and Agreement.

(B) No Limitation On City Structure Or Assignments. Nothing in this Ordinance and Agreement in any way limits the City, or provides a basis for any liability by or for the Cubs, as to how the City may arrange or structure its departments or municipal organization or as to how or to whom the City, the Mayor of the City of Chicago, or any appropriate municipal official may assign work, including tasks specified in this Ordinance. The Mayor and City Departments are authorized by this Ordinance to create ad hoc working groups to fulfill the purposes, rights, responsibilities, and duties of this Ordinance, provided, however that no ad hoc working group shall continue for more than approximately one year without being renewed.

(C) Rights and Interests. Nothing in this Ordinance and Agreement or in Section 4-156-430 of the MUNICIPAL CODE OF THE CITY OF CHICAGO creates any rights or any legal interests of any kind in any person, group, organization, association, firm, corporation, or other entity except for the Cubs and the City, exclusively. The rights, responsibilities, and requirements of this contractual agreement shall transfer to any subsequent owner(s) or successor corporation(s), organization(s), or any entity or person whatsoever, of the Cubs.


(D) Amendments And Alterations. Nothing in this Ordinance and Agreement or in Section 4-156-430 of the MUNICIPAL CODE OF THE CITY OF CHICAGO shall be construed to prevent the Cubs and the City, by and through the Mayor of the City of Chicago, or his successor or his designee(s) or the Budget Director, with the consultation of the Relevant Aldermen, and taking into account the comments of the community, from mutually agreeing to amend or alter Sections 3 through 8, inclusive and Sections 10 and 11 (as well as changes that may thereby become necessary to Section 4-156-430 of the MUNICIPAL CODE OF THE CITY OF CHICAGO) of this Ordinance at any time while they are in effect, subject, as may be required, to approval by the City Council of the City of Chicago.

 

SECTION 9. City Government and the Community. To ensure the interests and concerns of neighborhood protection in the area that surrounds Wrigley Field as defined in Section 10 of this Ordinance are adequately protected and addressed, the City will undertake the following steps:

(A) New And Continuing City Activities. City agencies and departments will, to the extent practicable and consistent with budgetary, personnel, and equipment resources, undertake concrete and continuing activities to ensure the quality of life for, and provide neighborhood protection for, and improvement to, the area that surrounds Wrigley Field in conjunction with issues arising out of baseball games and any other activities at Wrigley Field:

(1) The Chicago Police Department will

(a) continue to provide traffic control services, and

(b) in cooperation with the Departments of Revenue and Streets and Sanitation

(i) monitor and enforce City regulations for licensed and unlicenced parking lots as well as traffic to and from those lots, and

(ii) in cooperation with the Department of Streets and Sanitation only, operate the temporary entrance gate on Addison Street to southbound Lake Shore Drive at least for all day games, and

(iii) provide parking enforcement (ticketing and towing) for all games, and

(c) coordinate with neighborhood liquor license holders, other businesses, and private clubs to ensure and protect public safety and quality of life, including meeting with ad hoc working groups of those holders, businesses and clubs to create and administer any voluntary agreements or standards, and


(d) develop and implement a new, pilot cross-district targeted enforcement strategy to respond to quality-of-life violations in the area that surrounds Wrigley Field as specified by the Chicago Police Department that may be continued and modified or expanded if effective.

(2) The Department of Revenue will

(a) in cooperation with the Chicago Police Department and the Department of Streets and Sanitation

(i) provide parking enforcement (ticketing and towing) for all games, and

(ii) monitor and enforce City regulations for licensed and unlicenced parking lots as well as traffic to and from those lots, and

(b) in cooperation with the City Clerk of the City of Chicago administer and fund the Zone 383 Resident Parking Permit program (other than the printing costs of the LV-2 Night Game Parking permit program) as well as work with the Relevant Aldermen, the Cubs, and the community to improve those programs.

(3) The Department of Streets and Sanitation will

(a) in cooperation with the Chicago Police Department and the Department of Revenue

(i) in cooperation with the Chicago Police Department only, operate the temporary entrance gate on Addison Street to southbound Lake Shore Drive at least for all day games, and

(ii) provide parking enforcement (ticketing and towing) for all games, and

(iii) monitor and enforce City regulations for licensed and unlicenced parking lots as well as traffic to and from those lots, and

(b) continue to provide

(i) street cleaning and
(ii) trash pick-up for public and Cubs-owned or placed trash cans in the public ways, including additional trash cans to augment those extra cans already added during the season for key locations in the area defined in Section 4(F) and in Exhibit B.

(4) The City Clerk of the City of Chicago will

(a) in cooperation with the Department of Revenue administer and fund the Zone 383 Resident Parking Permit program and administer the LV-2 Night Game Parking permit program other than for printing permits, which will be done pursuant to Section 4(E) of this Ordinance, as well as work with the Relevant Aldermen, the Cubs, and receive input from the community to improve those programs.

(5) The enumeration in this subparagraph is not intended to be exhaustive either to the departments or the activities involved or in any way limit the discretion of those departments in their operations. As a result of experience garnered by the community, as well as the Cubs, the City, the Relevant Aldermen, and City departments or agencies in providing neighborhood protection and improvement and as a result of the meetings provided in this Ordinance, additions or amendments may be made to the neighborhood protection and improvement activities made by the City and its departments pursuant to this Ordinance.

(B) Wrigley Field Advisory Meetings. Wrigley Field Advisory Meetings will be held to report on, review, and address, past, present, and potential activities concerning the Cubs' and the City's activities for neighborhood protection and improvement related to baseball games and any other events at Wrigley Field; to recommend possible changes; to obtain counsel on the expenditure of the CubFund established in Section 5 of this Ordinance; and to ensure regular neighborhood review of, and comment on, those activities:

(1) The City Budget Director and the relevant Aldermen shall convene and co-chair a Wrigley Field Advisory Meeting at least once per year after the conclusion of each baseball season for the purposes listed in this Subsection (B).

(a) Wrigley Field Advisory Meetings shall be open to the public, who are invited to fully participate in the meeting, consistent with the purposes and agenda of the meeting.

(b) Representatives of community, neighborhood, and business organizations and of the Cubs will be invited to attend, to make such presentations and to fully participate in the meeting, as consistent with the purposes and agenda of the meeting.
(c) This Wrigley Field Advisory Meeting may be held concurrently with the Wrigley Field Advisory Meeting to be hosted by the Cubs as specified in Section 4(H)(3) of this Ordinance.

(2) A Wrigley Field Advisory Meeting shall be held at or around the middle of the 2004 baseball regular season to review the neighborhood protections and to recommend modifications consistent with the contract and City resources. The City's Budget Director may, with the consultation of the relevant Aldermen, convene similar meetings at any point in subsequent years as may, in the judgment of the City's Budget Director and the relevant Aldermen, be desirable as set forth above.

(3) The City's Budget Director, the relevant Aldermen, or their designee(s) may take reasonable steps to ensure the community meetings proceed efficiently and effectively including, but not limited to,

(a) preparing and enforcing any agenda,

(b) requesting oral or written reports, or

(c) establishing ad hoc working groups on specific topics, limited in duration to not more than approximately one year, to provide advice or reports on those specific topics.

(C) City And Other Agencies And Entities Attendance And Participation At Meetings. At the meetings specified in Subsection B above, to the extent they have direct responsibility for neighborhood protection, the Chicago Departments of Transportation, Police, Streets and Sanitation, Revenue, Planning and Development, as well as the Budget Director or his or her representative, and any other department or agency that has or may have direct responsibility for neighborhood protection, transportation, or associated issues, shall send knowledgeable, responsible representatives to report to the community and the Aldermen on their Department's activities on neighborhood protection, to answer questions from the community and the Aldermen, and to obtain comments on past performance and activities, and to solicit input for improving neighborhood protection. In addition, representatives of the Cubs, the Chicago Transit Authority and any other relevant transit, non-City governmental agency, or private entity as may be decided by the co-chairs shall be invited to participate in the meetings. This subsection in no way effects or limits the pre-existing ability of the Aldermen to request information from City officials, agencies, or departments.

(D) Traffic Operation Control Meetings. The Chicago Department of Transportation ("CDOT") will host a Traffic Operations Control ("TOC") working meeting regularly, but not less than semi-annually, to address and coordinate issues of traffic and traffic management, parking, towing, permit parking, public transit, and other transportation and related neighborhood issues related to Wrigley Field, the surrounding community and any remote parking area(s).

(1) These meetings will take place, if possible, in the seventy-five day period preceding and following the first and last Cubs baseball games of each season held at Wrigley Field. Other meetings may be scheduled as appropriate in the discretion of CDOT.

(2) All TOC working meetings will be open to members of the public who are invited to fully participate in the working meetings with comments, suggestions, and critiques consistent with the structure, agenda, and subject-matter of the TOC working meeting.

(3) Notice will be sent to relevant neighborhood, community, and business groups and to the Cubs. These groups will be invited to make presentation on the matter(s) that are the subject(s) of the Traffic Operations Control Meetings and to fully participate in the working meetings consistent with the structure, agenda, and subject matter of the TOC working meeting.

(4) All City agencies with responsibility for matters listed in Subsection C above, including, but not limited to the Chicago Police Department and the Departments of Streets and Sanitation, Revenue, and Planning and Development, as well as the Budget Director or his representative, and any other relevant department or agency requested by CDOT, shall receive notice, and will send knowledgeable and responsible representatives to TOC meetings. In addition, CDOT shall request the attendance of any other relevant non-City governmental agencies including, but not limited to the Chicago Transit Authority, any other relevant transit agencies or any other entity CDOT deems important to working on neighborhood transportation or related neighborhood matters.

(5) CDOT may take reasonable steps to ensure the TOC working meeting proceeds efficiently and effectively including, but not limited to,

(a) preparing and enforcing any agenda,

(b) requesting oral or written reports, or

(c) establishing ad hoc working groups on specific topics, limited in duration to not more than approximately one year, to provide advice or reports on those specific topics.

(E) Notice Of Meetings For This Section. Notice of the meetings in this section shall be given not less than seven working days prior to the meeting listing the date, time, location, and general matters of the meeting by posting on the appropriate City website(s) as well as by posting at the appropriate City offices. In addition, notice shall be given to the Cubs as soon as practicable, but no less than seven working days prior to the meeting, for their use and for posting on their web site, and electronic notification through any listserv or e-mail system, that the Cubs maintain for communication with the community as provided in Section 4(H).

(F) Annual City Report. The Budget Director, or his or her designee, assignee, or transferee, annually will assemble a report of the agencies identified or described in Subsection C above, and any other relevant City or non-City departments or agencies, collating and describing their activities on, and plans for, neighborhood protection and improvement related to baseball games and any other events at Wrigley Field. The Budget Director will file this report, along with the annual written report of the Cubs specified in Section 4(H), with the City Clerk of the City of Chicago. These reports will be permanently kept and made available at the office of the Budget Director (or his designee, assignee, or transferee), at the office of the City Clerk of the City of Chicago, and for at least three years on the web site of the City and the City Clerk of the City of Chicago.

 

SECTION 10. Definitions And Notice.

(A) "Alderman," "Aldermen," "R(r)elevant Alderman," or "R(r)elevant Aldermen" means an Alderman or a group of Aldermen, all or part of whose ward is in, or touch the boundary of, any area defined in Section 10(B).

(B) "Area that surrounds Wrigley Field" or "community" or "neighborhood" or "surrounding community" or "surrounding neighborhood" means the larger of either the area of the boundary of the LV-2 night sticker parking program as presently or in the future defined, or the area bounded by Diversey Parkway and Avenue, Lake Shore Drive, Montrose Avenue and the North Branch of the Chicago River, and includes any area within 1,000 feet from any perimeter of any remote parking lot under Section 4(B) of this Ordinance that is not inside these boundaries.

(C) Budget Director" refers to the Budget Director of the City of Chicago as provided for in 65 ILL. COMP. STAT. ' 5/3.1-30-5(a)(10) (2002) or to his or her successor office(s) or position(s) or to his or her designee(s), assignee(s) delegatee(s) or transferee(s), of assignments, authority, duties, functions, requirements, and responsibilities under this Ordinance to other municipal official(s) or employee(s). Unless the language specifically states, or context clearly indicates, otherwise, the Budget Director, under the direction and supervision of the Mayor of the City of Chicago, shall exercise all assignments, authority, duties, functions, requirements, and responsibilities under this Ordinance subject to the previous sentence, provided however, that the Mayor of the City of Chicago is authorized to assign, transfer, designate, or delegate any authority, duty, or responsibility under this Ordinance to any appropriate municipal official(s) or employee(s), subject to his direction and supervision, but any such reassignment shall not effect any substantive authority, duties, functions, requirements, responsibilities, or duty to consult with the Relevant Alderman(men).

(D) "City" means the City of Chicago, an Illinois municipal corporation, or its successor(s) or assigns.

(E) "Cubs" means the Chicago National League Ball Club, Inc., or its successor(s) or assigns, including any successor ownership interest(s) with operating or functional control of or in the Chicago National League Ball Club, Inc., or any operator(s) or successor operators of the Chicago National League Ball Club, Inc.

(F) "LV-2" means the area defined in the Ordinance of March 15, 1991, 1991 JOURNAL OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF CHICAGO, ILLINOIS 30860-63 (attached to this Ordinance as Exhibit C), as may have been amended, modified or redefined and as may be further amended, modified or redefined at any time in the future.

(G) "Tribune Company" means the Tribune Company, a Delaware Corporation, New York Stock Exchange Symbol "TRB," or its successor(s) or assigns, including any successor ownership interest(s) with operating or functional control of or in the Tribune Company, or any operator(s) or successor operators of the Tribune Company.

(H) Notices shall be given to the City by service on the City Clerk of the City of Chicago, on the City Budget Director, and on the Corporation Counsel of the City of Chicago, or their designees, at their usual place of business. Notice shall be given to the Cubs by service on the President of the Cubs, on the Executive Vice-President/Business Operations (or equivalent), and on the General Counsel (or equivalent) of the Cubs, or their designees, at their usual place of business.

 

SECTION 11. Severability and Interpretation.

(A) Sections Constituting Whole Agreement. If the contractual agreement embodied in Sections 3 through 8 and 10-11, inclusive, of this Ordinance is executed by the Cubs and the City, that contractual agreement shall constitute the whole agreement between the City and the Cubs concerning the matters covered by this Agreement.

(B) Interpretation.

(1) The titles of the Sections and Paragraphs are for convenience only and are not a part of this Ordinance, but may be considered as an aid to interpretation.

(2) The makers and drafters of the contractual agreement embodied in Sections 3 through 8 and 10-11, inclusive, of this Ordinance are the City and the Cubs. The terms contained therein shall not be construed against a party merely because that party is, or was, the principal drafter.

(3) This Ordinance shall be governed by the law of the State of Illinois.

(4) Reference to any City department, agency, office, or position includes any successor thereto and does not preclude the transfer, delegation, designation or assignment to another City department, agency, office, or position of any assignments, authority, duties, functions, requirements, and responsibilities of the City under this Ordinance, and includes those changes as authorized by this Ordinance.

(5) Technological references such as "web site" or "listserv" are not intended to require the use of those particular technologies or to impede the substitution of different technologies so long as the substance of the requirement is satisfied.

(6) Words

(a) in the present tense include the future, and

(b) in the singular may be applied to the several persons or things, and

(c) in the plural may include the singular, and

(d) connoting person or entity include, but are not limited to any corporation, unincorporated association, or organization.

(C) Severability. If any provision of this Ordinance is held or declared to be illegal, invalid or ineffective, that holding or declaration shall not adversely affect the legality, validity or effectiveness of any other provision of this Ordinance.

 

SECTION 12. Effectiveness And Repeals.

(A) Date Ordinance Effective. Sections 1,2,9, and 12 of this Ordinance are effective when approved by City Council of the City of Chicago, signed by the Mayor of the City of Chicago, a copy of this Ordinance and Agreement is signed by the Cubs and is delivered to the City Clerk of the City of Chicago and the Department of Law of the City of Chicago.

(B) Repeals. This Ordinance supercedes, cancels and repeals any and all terms of any other Ordinance or Agreement that conflicts with any provision of this Ordinance.

 

IN WITNESS WHEREOF, The City of Chicago by the Mayor of the City of Chicago and the Chicago National League Ballclub, Inc., by its President, have each caused this Agreement to be executed by its duly authorized representatives as of the day and year set forth above.


The City of Chicago Chicago National League Ball Club, Inc.

By:                                                                         By:

Name: Richard M. Daley, Mayor                              Name: Andrew B. MacPhail, President



 

 

Parking Information Street Cleaning 44th Ward Safety