HomeMy WebLinkAboutRESOLUTION - 6-90 - 1/9/1990 - CABLE TV FRANCHISE AGREEMENT/AMEND RESOLUTION NO. 6-90
A RESOLUTION AMENDING THE VILLAGE OF ELK GROVE VILLAGE' S
CABLE TELEVISION FRANCHISE AGREEMENT
WHEREAS, Continental Cablevision ( "Continental" ) operates
a cable television franchise in the Village of Elk Grove pursuant
to the Village ' s Cable Television Franchise Agreement, approved
by Resolution No . 46-81 enacted July 28 , 1981 , and as amended
from time to time; and
WHEREAS, Continental wishes to make certain changes to
its operations in the Village to wit: to impose a charge for
the programming guide referenced in Section l4b of the Franchise
Agreement, and to eliminate the 24-channel tier of service refer-
enced in Exhibit E - (II ) thereof ; and
WHEREAS, Continental Cablevision and the Village have dis-
agreed regarding the rights and obligations of each party under
the Franchise Agreement as it may or may not have been affected
by federal statutes , judicial actions, and/or rulings of the
Federal Communications Commission; and
WHEREAS, the Village and Continental have agreed that their
dispute is better resolved and the Village ' s residents are better
served by an amicable resolution of their differences as expressed
by an amendment to the Franchise Agreement as approved by Resolu-
tion No. 46-81 ; and
WHEREAS, pursuant to that agreement, Continental Cablevision
has requested such an amendment; and
WHEREAS, the Village and Continental have discussed and
considered such amendments and possible alternative actions ;
and
WHEREAS, following due deliberation, the Village has deter-
mined that both cable subscribers and the public interest are
best served by amendments to the Franchise Agreement as approved
by Resolution No. 46-81 :
NOW, THEREFORE, BE IT RESOLVED by the President and Board
of Trustees of the Village of Elk Grove Village, Counties of
Cook and DuPage Illinois as follows ;
Section 1: That Section l4b of the Franchise Agreement
as approved by Resolution No. 46-81 being the same is hereby
amended as follows :
The word "free" in the first sentence of Pargraph b shall
be deleted, and the word "offer" shall be substituted for
the word "mail" in said sentence.
Section 2 : That the 24 channel tier referenced in Exhibit
E - (II ) is hereby deleted.
Section 3: That Continental agrees with the provisions
set forth in its December 20 , 1989 correspondence to the Village
provided that any future realignment will in no way include
or otherwise change the channel assignment of channel 6 as the
government access channel .
Section 4: That Continental and the Village have agreed
to the above amendments in an effort to resolve their differences
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and to avoid litigation. Neither party has sought, nor does
either party expect to gain in these amendments any greater
right or privilege that it presently enjoys under law, nor does
either party by these amendments agree to any diminution of
its rights under law.
Section 5: That this Resolution shall be in full force
and effect from and after its passage and approval according
to law.
VOTES : AYES : 6 NAYS: 0 ABSENT 0
APPROVED:
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PASSED this 9th day of January 1990 .
APPROVED this 9th day of January 1990 .
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