HomeMy WebLinkAboutORDINANCE - 2502 - 7/23/1996 - CABLE TV FRANCHISE, EXTEND TERMORDINANCE NO. 2502
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 August 17, 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 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: 5 NAYS: 0 ABSENT: 0
PASSED this 23rd day of July 1996.
APPROVED this 23rd day of July , 1996.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
PUBLISHED this 26th day of July , 1996 in Pamphlet Form.
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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 Existing Franchise shall expire on or about July 28, 1996; 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, the Regional Cable Group, on behalf of the Village, expects its negotiations
with Continental to extend beyond the expiration of the Existing Franchise; and
WHEREAS, the Regional Cable Group, the Village, and Continental have requested and
agreed to the extension of the Existing Franchise for a period of time to permit continued
negotiation of a new Franchise Agreement.
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 December 31, 1996.
SECTION 3: That this Agreement shall terminate as of the effective date of any newly
executed and adopted Cable Television Franchise Agreement.
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 or 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
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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
parry 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 may be
enforced by either parry 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:
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Village of Elk Grove Village
Dennis J. Gallitano
Dennis J. Gallitano, Village President
CONTINENTAL CABLEVISION OF
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