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HomeMy WebLinkAboutRESOLUTION - 27-94 - 5/24/1994 - ENGAGE ACCTOUNTING EXPERTRESOLUTION NO. 27-94 A RESOLUTION REGARDING THE ENGAGEMENT OF AN ACCOUNTING EXPERT TO EVALUATE CONTINENTAL'S COST - OF -SERVICE SHOWING FOR BASIC TIER CABLE RATES WHEREAS, pursuant to the Communications Act of 1934, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and the regulations prescribed thereunder ("Act"), the member municipalities of the Group are each certified to regulate the rates charged for basic tier cable service in their respective municipality and all equipment, installation, and other services used for such basic tier service; and WHEREAS, pursuant to the Act, Continental Cablevision of Northern Cook County ("Continental") has submitted to the each municipality, on November 23, 1993, its FCC 393 form, requesting approval of its basic tier cable rates; and WHEREAS, Continental then, on December 29, 1993, submitted to the municipalities its cost -of -service justification for its basic tier cable rates; and WHEREAS, the Act allows franchising authorities a 180 -day period to review and evaluate cost -of -service showings in order to make an informed and reasoned judgment on proposed rates and to prepare a final rate decision as to whether proposed rates are within the Federal Communications Commission's reasonableness standard or justifiably above the presumptively reasonable level; and WHEREAS, the Group has been empowered by its member municipalities, pursuant to paragraph H of Article VIII, Powers and Duties of the Continental Regional Cable Group, of the Continental Regional Cable Group Amended Agreement, to advise and recommend to the member municipalities on the need for the regulation of rates; and WHEREAS, the Group has been empowered by its member municipalities, pursuant to paragraph L of Article VIII, Powers and Duties of the Continental Regional Cable Group, of the Continental Regional Cable Group Amended Agreement, to consult with persons knowledgeable in cable communications and persons having a special interest therein, such as technical experts; and WHEREAS, the Group has determined that, in order to properly advise and recommend to its member municipalities on the need for the regulation of Continental's basic tier rates, it is necessary to consult with an accounting expert in order to review and evaluate Continental's cost -of -service showing so as to determine whether Continental's proposed rates are within the Federal Communications Commission's reasonableness standard or justifiably above the presumptively reasonable level; and WHEREAS, the Group has received, upon its request therefore, Proposals for Professional Accounting Services from several accounting firms, has reviewed the same, and is desirous of accepting one such Proposal. 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 as follows: Section 1: That the Chairperson and Secretary of the Board of Directors of the Continental Regional Cable Group are hereby authorized to execute, on behalf of the Continental Regional Cable Group, a professional accounting services contract with the accounting firm of Crowe Chizek, in the approximate amount of $17,450 plus $700 in expenses, for the purpose of engaging such accounting firm to review and evaluate Continental Cablevision of Northern Cook County's Cost -of -Service showing, so as to determine whether Continental's proposed basic tier cable rates are within - 2 - the Federal Communications Commission's reasonableness standard or justifiably above the presumptively reasonable level. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 24th day of May 1994. APPROVED this 24th day of May 1994. ATTEST: Patricia S. Smith Village Clerk By: Ann I. Head Deputy Village Clerk - 3 - Dennis J. Gallitano Village President