HomeMy WebLinkAboutRESOLUTION - 49-81 - 8/11/1981 - CABLE TV/AMEND FRANCHISE AGRMTRESOLUTION NO. 49-81
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK
TO SIGN AN AMENDMENT TO A CABLE TV FRANCHISE AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND WARNER AMEX CABLE COMMUNICATION
COMPANY OF NORTHWEST SUBURBS
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois:
Section 1. That the Village President be and is hereby authorized to
sign the attached document identified as an Amendment to the Cable TV
Franchise Agreement between the Village of Elk Grove Village and Warner
Amex Cable Communications Company of Northwest Suburbs, adopted as Resolution
No. 46-81, on July 28, 1981. Acopy of said amendment is attached hereto and
made a part hereof as if fully set forth, and the Village Clerk is authorized
to attest said document upon the signature of the Village President.
Section 2. That this resolution shall be in full force and effect
from and after its passage and approval according to law.
VOTE:
AYES:
6
NAYS: 0
ABSENT: 0
PASSED this
11th
day of
August
1981.
APPROVED this
11th
day of
August
1981.
Charles J. Zettek
Village President
ATTEST:
Fay M. Bishop
Village Clerk
AMENDMENT TO CABLE TV FRANCHISE AGREEMENT
That Section 1: Page 1 and 2 of Agreement is hereby amended to read as follows:
Section l: Grant and Acceptance of Franchise
The Municipality hereby grants to Franchisee a non-exclusive franchise
and right to erect, install, construct, reconstruct, replace, remove, repair,
maintain, operate in or upon, under, above, across and from the streets,
avenues, highways, sidewalks, bridges, and other public ways, easements,
and rights-of-way as now existing and all extensions thereof, and additions
thereto, in, belonging to or under the jurisdiction of the Municipality, all
necessary poles, wires, cable, coaxial cables, transformers, amplifiers,
underground conduits, manholes and other television and/or radio conductors
and fixtures for the sole purpose of the ownership, maintenance and operation
in the Municipality of a cable communication system, all in strict accordance
with the laws, ordinances, and regulations of the United States of America,
the State of Illinois, and the Municipality, as now existing or hereafter adopted
or amended. This grant extends to the leased or rented use of poles and other
facilities of any utility operating in the Municipality now or in the future,
to the extent that the Municipality has the authority to do so.
Franchisee hereby accepts the franchise and warrants and represents that
it has examined all of the provisions of the Village of Elk Grove Village
Cable Communications Ordinance, and this franchise, and it accepts and agrees
to all the provisions contained therein, and the same are incorporated herein.
That Section 18: Paragraph (a) is hereby amended to read as follows:
Section 18: Services to the Municipality
The Franchisee shall provide the following services to the Municipality,
concurrently with the activation of the cable communication system'pursuant
to Section 12 of the Franchise Agreement:
(a) One service outlet activated for Basic Service on the Subscriber
Network'at the Municipal facilities set forth in Exhibit G attached hereto.
Franchisee shall waive all charges for installation and monthly subscrip-
tion rates, provided however that the Municipality shall assume the
installation charges at cost for any additional outlets, in excess of
two television sets, requested by the Municipality. If the Municipality
constructs or otherwise acquires any additional facilities during the
term of the Franchise, whether located inside or outside of the Primary
Service Area, but within the corporate boundaries of the Municipality
as it then exists, such facility shall be provided with a service outlet
according to the terms and conditions of the section and other applicable
provisions of the Franchise Agreement and the Cable Communications Ordinance.
ATTEST:
Fay M. Bishop
Village Clerk
Charles J. Zettek
VILLAGE PRESIDENT