HomeMy WebLinkAboutRESOLUTION - 28-02 - 5/28/2002 - INTERGOVERNMENTAL AGREEMENTRESOLUTION NO. 28-02
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND THE ELK GROVE PARK_ DISTRICT (CHANNEL 6 OPERATIONS)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DUPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign
the attached documents marked:
CHANNEL 6 INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND THE ELK GROVE PARK DISTRICT
a copy of which is attached hereto and made a part hereof as if fully
set forth and the Village Clerk is authorized to attest said
documents upon the signature of the Mayor.
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 28`" day of May, 2002.
APPROVED this 28"' day of May, 2002.
Craig B. Johnson, Mayor
ATTEST:
Ann I. Walsh
Village Clerk
ResChannel6agreement.doc
CHANNEL 6 INTERGOVERNMENTAL AGREEMENT
between the
Village of Elk Grove Village
and the
Elk Grove Park District
regarding the transition of Channel 6 Operations
NOW, comes the Village of Elk Grove Village (Village) and the Elk Grove Park
District (Park District), both Illinois Municipal Corporations, and in consideration of the
mutual promises and conditions hereinafter set forth, the receipt and sufficiency of which
are hereby acknowledged, state as follows:
WITTNESETH:
WHEREAS, pursuant to previous Intergovernmental Agreements, the Village
and the Park District have provided for the Park District to own and operate Channel 6
including, but not limited to the studio, personal property, network dish, and all related
property and equipment; and
WHEREAS, the funding for said operation was essentially provided by the
Village contributing 4% of its 5% cable television franchise fees to the Park District as
well as equipment and cabling grants or other capital grants or contributions received by
both parties; and
WHEREAS, the Park District is desirous of conveying to the Village all of its
interest in the assets of Channel 6, including those assets set forth above as well as the
unexpended fund balance as of the date of conveyance and all files, manuals, directions
and other documents relating to the operation of Channel 6 and the Village is willing to
accept said conveyance subject to the conditions set forth in this Intergovernmental
Agreement.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
Section 1: That the Park District shall convey in an "as is" condition and without
warranty of any type including any warranty of fitness for a particular purpose, and the
Village shall accept the conveyance of the following equipment, funds, written material,
furniture and all personal property used for the operation of Channel 6:
a. Equipment:
All Channel 6 equipment including all files, manuals, electronics,
studio equipment, office furniture, video library, satellite dish and such
other equipment, fixed and unfixed assets acquired for the operation
of Channel 6.
Page 1 of 4
b. Funds:
The Park District shall transfer ownership of all unexpended fund
balances in the Park District's Channel 6 fund as they exist on the date
of conveyance, which funds are maintained by the Park District for the
exclusive use of Channel 6.
c. Plans:
All architectural plans, drawings as built and renderings regarding the
development of the Channel 6 studio and operating facility.
d. Volunteers and Personnel:
The names, addresses and phone numbers of all Channel 6
employees and volunteers utilized for the operation of
Channel 6 during the previous twelve (12) months.
e. All other items necessary for the operation of Channel 6.
Section 2: That the Village will accept the conveyance of the above -identified
items no later than December 31, 2002 and thereafter will be responsible for and operate
Channel 6 at a suitable facility selected by the Village.
Section 3: The Park District agrees to full financial disclosure of its Channel 6
Fund. In that regard, the Park District has not nor will it transfer any funds out of the
Channel 6 Fund to any other fund of the Park District during its current fiscal year. The
Park District will submit to the Village a full Financial Statement(s) of all revenues,
expenditures, and changes in fund balance, including line item budget variances, which
have occurred from January 1, 2001 up to the date of closing, which Financial
Statement(s) will be submitted to the Village no later than ten (10) days before the
scheduled closing. Any dispute with respect to the validity of any expenditures or
changes in fund balance must be resolved prior to closing. The parties acknowledge that
the Elk Grove Park District Channel 6 Fund as of December 31, 2001 had an unexpended
fund balance of $256,097. The Park District shall utilize this fund to operate Channel 6
until the date of closing with no additional payments of franchise fee revenue to be made
by the Village to the Park District.
Section 4: That subsequent to the date of the conveyance the Village will be
responsible for and have full authority to select and establish the programming of
Channel 6 in its sole discretion provided however that the Village agrees to cablecast, at
no expense to the Park District, all regularly scheduled Park District Board Meetings, and
such other meetings or programs as requested by the Park District which would not
interfere with other scheduled programming then in effect by the Village and which
would not require excessive expenditures of allocated funds.
Page 2 of 4
Section 5: That the parties will enact such Resolutions or Ordinances deemed
necessary to effectuate this Agreement and further agree to execute such documents
including any documents of conveyance, bills of sale or otherwise that will be necessary
to effectuate the terms of this agreement.
Section 6: Upon execution of this Agreement, the Village will take such steps as
are necessary to finalize this transaction no later than December 31, 2002. If, through no
fault of the Village, the finalization and ultimate conveyance is not possible by December
31, 2002 the Village will notify the Park District of any such delay and the reasons
therefore and furthermore request an additional period of time in which to finalize this
conveyance.
Section 7: That the actual removal from Park District property of all equipment,
furniture, personal property and other physical assets to be conveyed pursuant hereto
shall be done by the Village, or its employees, agents or contractors at the sole cost and
expense of the Village and once commenced shall be diligently pursued to completion.
Prior to commencement of such removal the Village shall provide the Park District with
not less than 14 days notice and will also provide the Park District with a current
certificate of insurance evidencing commercial general liability coverage for the Village
with limits of not less than $1 million per occurrence and naming thereon the Park
District as an additional insured.
Section 8: It is anticipated that there will be a transition period wherein the new
studio designated by the Village will commence preliminary operations while there will
be a concurrent need to continue operating the existing studio and/or programming
functions of Channel 6. In that regard, the parties hereto agree to take whatever steps are
necessary to facilitate this transition as efficiently and expediently as possible to ensure
the continuation of programming broadcast on Channel 6.
Section 9: That all records (as defined in the Illinois Local Public Records Act)
(the "Act') being transferred by the Park District to the Village pursuant hereto shall be
safeguarded, maintained and preserved by the Village in accordance with the provisions
of the Act. Any request for inspection or copying such records, or any part thereof, made
upon the Park District, pursuant to the Act or the Illinois Freedom of Information Act
shall be immediately referred to the Village for response. None of the records transferred
to the Village pursuant to this agreement shall be discarded or destroyed without the
advance written consent of the Village, the Park District and the State of Illinois
Archivist.
Page 3 of 4
WHEREFORE, the parties hereto set their hands and seals this 28th day of
Mme.
Elk Grove Village Park District Village of Elk Grove Village
By:
Elk Grove Village Park District President
ATTEST:
Secretary
Craig B. Johnson
By:
Elk Grove Village Mayor
ATTEST:
Ann I. Walsh
Village Clerk
Page 4 of 4