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HomeMy WebLinkAboutORDINANCE - 2523 - 12/10/1996 - CALBE TELEVISION FRANCHISE/CONTINENTALORDINANCE NO. 2523 AN ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE TELEVISION FRANCHISE BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS WHEREAS, Continental Cablevision of Northern Illinois currently provides cable television and related service to the residents and citizens of the Village of Elk Grove Village pursuant to the existing Franchise Agreement; and WHEREAS, pursuant to the Existing Franchise Agreement and enabling ordinance, said franchise shall expire on or about December 31, 1996; and WHEREAS, the Village of Elk Grove Village and Continental Cablevision of Northern Illinois have mutually agreed to extend the Existing Franchise in order to continue the review, negotiations, and clarification of the Response to Request for Proposal process in anticipation of ultimately executing a Franchise Agreement; and WHEREAS, the Village of Elk Grove Village has found good grounds to extend the Existing Franchise and both parties have expressed their intentions to do so by executing an Agreement providing for the extension of the Existing Franchise. (A copy of said Existing Franchise Extension is attached hereto and incorporated herein by reference as Exhibit "A.") NOW, THEREFORE, BE IT ORDAINED 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 the Existing Franchise for cable television service shall be extended under the terms and conditions as provided in the Agreement, as specified by Exhibit "A." Section 2: That all requirements and provisions of the Existing Franchise Agreement, and ordinances relating thereto, shall continue in full force and effect. Section 3: That the Clerk is hereby authorized to publish this Ordinance in pamphlet form. Section 4: That this ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 10th day of December 1996. APPROVED this 10th day of December 1996. ATTEST: Patricia S. Smith Village Clerk PUBLISHED this 13th day of December E Dennis S. Gallitano Village President 1996 in Pamphlet Form. AGREEMENT FOR THE EXTENSION OF CABLE TELEVISION FRANCHISE BETWEEN VILLAGE OF ELK GROVE VILLAGE AND CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS WHEREAS, the Village of Elk Grove Village and Continental Cablevision of Northern Illinois ("Continental") are the current parties to the Franchise Agreement dated July 28, 1981 (Existing Franchise) to provide cable television service to the citizens and residents of the Village of Elk Grove Village ("Village"), Illinois; and WHEREAS, the Regional Cable Group, on behalf of the Village has been reviewing the response to the November 30, 1995, Request for Proposal for the purpose of negotiating a new Franchise Agreement with Continental; and WHEREAS, pursuant to Ordinance number 2502 the existing franchise was extended until December 31, 1996, however the Regional Cable Group does not believe that a completed franchise agreement will be available for review prior to January 1997. WHEREAS, the Regional Cable Group, the Village, and Continental have requested and agreed to the extension of the Existing Franchise for an additional period of time to permit continued negotiation of a new Franchise Agreement, not to extend beyond February 28, 1997. IT IS NOW THEREFORE AGREED BY THE PARTIES HERETO AS FOLLOWS: SECTION 1: The recitals above shall be fully incorporated into the terms of the Agreement as if fully restated herein as Section 1. SECTION 2: The existing franchise granted by the Village to Warner Amex Cable Communications Company of Northwest Suburbs and subsequently adopted by Continental Cablevision of Northern Illinois is hereby extended through February 28, 1997. SECTION 3: That this Agreement shall terminate as of the effective date of any newly EXHIBIT "A" executed and adopted Cable Television Franchise Agreement, or February 28, 1997 whichever first occurs. SECTION 4: As evidence of such extension, a copy of "An Ordinance Extending the Term of the Cable Television Franchise Agreement is attached hereto and incorporated herein by reference. SECTION 5: That throughout the extension period, the Regional Cable Group, Village, and Continental Cablevision of Northern Illinois shall utilize their best efforts to diligently and in good faith negotiate a new Franchise Agreement for the purpose of providing cable television service to the citizens and residents of the Village. SECTION 6: In consideration of the extension of the existing franchise, Continental Cablevision of Northern Illinois agrees that during the period from the effective date of this Agreement to its ultimate termination, Continental shall: A. Abide by all terms and conditions of the existing franchise; and B. Continue to operate the cable system, subscriber and Institutional Network in its current format and shall continue to provide the same or similar mix of programming as currently provided in the Village; and C. Continue to provide the public, educational, and governmental programming; and D. Not discontinue, abandon, or otherwise terminate the cable television services it currently provides to the citizens and residents of the Village, except as may be ordered by a court of competent jurisdiction or upon sixty (60) days prior written notice to the Village President delivered by certified mail, return receipt requested, with proper postage prepaid; and E. In the event of the termination of cable television service to the citizens and residents of the Village, Continental shall provide written notice to all current customers indicating the date such service shall be terminated; and F. Maintain compliance with all Federal, State, and local statutes and regulations relating to the regulation of cable television service; and SECTION 7: Each party reserves all rights, procedures, protections, or recourse available to them under the Cable Communications Policy Act of 1984, as now or hereafter amended, specifically including Section 626 thereof. SECTION 8: With the exception of the rights reserved in Section 7 (above), neither party shall complain, challenge, claim, counterclaim, or bring any defense or affirmative defense before any Court of law or regulatory or adjudicatory body regarding any event, act, or irregularity of proceedings in connection with the renewal of the existing franchise which occurred, or may have occurred, on or prior to the effective date of this Agreement. SECTION 9: This Agreement may be renewed by written request of either party delivered to the principal office of the other not less than 30 days prior to the expiration of this Agreement. Any such extension shall be for a maximum period of 180 days. SECTION 10: This Agreement shall be construed under Illinois Law and maybe enforced by either party in State courts of Illinois with proper venue being in Cook County, Illinois. SECTION 11: This Agreement may not be amended, modified, canceled, or extended (except as provided in Section 9 above) without the advanced written consent of both parties hereto. ATTEST: Patricia S. Smith Village Clerk ATTEST: Its: 4 Village of Elk Grove Village Dennis J. Gallitano Dennis J. Gallitano, Village President CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS By: