HomeMy WebLinkAboutRESOLUTION - 9-88 - 2/9/1988 - AMERICAN CABLE & CONTINENTAL CABLE RESOLUTION 140. 9-88
A RESOLUTION CONSENTING TO THE MERGER OF
AMERICAN CABLESYSTEMS CORPORATION AND
CONTINENTAL CARL EVISION ACQUISITION CO. , INC.
WHEREAS, AMERICAN CABLESYSTEMS CORPORATION, a Delaware corp-
oration, is the parent corporation of AMERICAN CABLESYSTEMS OF
ILLINOIS, INC. , which is the General Partner of AMERICAN CABLE-
SYSTEMS OF ILLINOIS, a Massachusetts Limited Partnership, which
Limited Partnership is the Cable Franchisee of the Village of
Elk Grove Village; and
WHEREAS, AMERICAN CABLESYSTEMS OF ILLINOIS has requested
that the Village consent to the merger of AMERICAN CABLESYSTEMS
CORPORATION with CONTINENTAL CABLEVISION ACQUISITION CO. , INC. , a
Delaware corporation which is a fully owned subsidiary of CONTIN-
ENTAL CABLEVISION, INC. , whereby AMERICAN CABLESYSTEMS CORPORA-
TION would become a wholly owned subsidiary of CONTINENTAL CABLE-
VISION, INC. ; and
WHEREAS, the Village consents to the merger of AMERICAN
CABLESYSTEMS CORPORATION as requested, subject to the terms and
conditions contained in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, County of Cook,
Illinois, as follows :
SECTION 1 : That the Village of Elk Grove Village hereby con-
sents to a merger between AMERICAN CABLESYSTEMS CORPORATION, a
Massachusetts corporation, and CONTINENTAL CABLEVISION ACQUISI-
TION CO. , INC. , a Delaware corporation, a wholly owned subsidiary
of CONTINENTAL CABLEVISION, INC. , subject to the following terms
and conditions:
I. Channel 6 shall be reserved for the sole and exclusive
use of the Village of Elk Grove, the Village of Buffalo
Grove, the Village of Hoffman Estates, the Village of
Palatine, and the City of Rolling Meadows (hereinafter
"Municipalities" ) for the life of the current Franchise
Agreement between the parties to said Franchise Agree-
ment, and no change or relocation may be made to the
municipal access channel (Channel 6 ) without the unan-
imous written consent of all Municipalities.
II . The Franchisee shall, at its expense, provide and main-
tain such microwave and other equipment as is necessary
to allow the Village of Elk Grove to provide one (1 )
channel of access programming for Channel 6 to the
other Municipalities.
III . The Franchisee shall, at its expense, provide each
Municipality with a new tape deck which will allow for
the playback of local programming within each Municip-
ality. Further, the Franchisee shall provide automated
switching equipment to each Municipality to allow each
Municipality to program Channel 6 within its corporate
limits with programming from any of the following
sources: Village of Elk Grove' s Channel 6 ; the Municip-
alities' character-generator system; or the Municipali-
ties ' play back decks. The equipment used to switch
from Village of Elk Grove' s Channel 6 to the Municipal-
ities' own signal source shall be Monroe Model 948X
audio video switch to be used in conjunction with a
Monroe Model 3000R-103C encoder to be located at the
Channel 6 studio.
IV. The Franchisee will provide within 180 days from the
effective date of this Resolution, at its expense, for
the satellite reception and distribution of the prog-
ramming from the Federal Emergency Management Agency
(FEMA) to all police, fire and public works facilities
within Elk Grove Village and to the Village Hall, and
shall provide, at its expense, converters, earth sta-
tions, and any other necessary equipment.
V. The Franchisee will be permitted to close its Rolling
Meadows studio one (1 ) year after the activation and
reasonable acceptance of the microwave system described
in Paragraph II above, and shall retain all equipment
contained in said studio.
VI. Concurrent with the activation of the microwave system
described in Paragraph II , and as part of the requisite
fifteen (15 ) hours per week of local programming, Con-
tinental will be permitted to provide five (5 ) hours
per week of generic programming from its Elmhurst fac-
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ility.
Continental will be allowed to decrease local program-
ming from fifteen (15 ) to ten (10 ) hours per week after
the lapse of two (2 ) years from the date of approval of
the transfer if the aforementioned microwave system has
been activated; provided that at least five (5 ) hours
per week be local origination (from within the geo-
graphical boundaries of the Regional Cable Group, or,
if studio production, involving persons, institutions,
governmental bodies, and others from within said bound-
aries ) ; and that unlimited PEG access be provided to
all members of the Group.
For purposes of this agreement, local origination shall
be defined as that programming produced by and for the
Franchisee, utilizing its own staff, interns, and vol-
unteers, where not less than fifty percent (508 ) of
said programming involves persons, institutions, gov-
ernmental bodies, and others located within the bound-
aries of the Municipalities or providing service to
them. PEG access shall be defined as that programming
produced by individuals, community groups, institu-
tions, and governmental bodies, with technical assist-
ance provided by the Franchisee.
In meeting the programming obligations contained here-
in, the Franchisee shall not be limited in the amount
of programming that it may produce within the corporate
limits of the Municipalities , and the Franchisee herein
agrees to produce such programming within the Municip-
alities as the Municipalities may reasonably request.
VII . Concurrent with closing of the Rolling Meadows studio,
the Franchisee will add one (1 ) full-time staff member
(for a total of three) to its staff at the Palatine
studio to assist in implementing the local access pro-
visions of this, and all preceding agreements, and the
cable ordinance.
VIII .The Franchisee will maintain the equipment at its Pala-
tine studio in good repair and working order and will
provide the Regional Cable group, upon request, a re-
port on equipment breakdowns and down-time of said
equipment, which report shall include efforts made by
the Franchisee to repair same and reduce down-time.
Failure by the franchisee to provide said report or to
reasonably and adequately deal with equipment break-
downs or down-time of said equipment shall be deemed a
violation of the franchise agreement.
IX. The Franchisee herein agrees to provide that level of
service which has been provided by the prior franchisee
(American Cablesystems ) , including hours of operation
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for its facilities, customer service hours, and res-
ponse time to requests for service. Repair service
technicians shall be available for service calls for 10
hours per day, Monday through Friday, commencing no
earlier than 7 :00 a.m. ; 8 hours on Saturday, commencing
no earlier than 8 :00 a.m. ; and 5 hours on Sunday,
commencing no earlier than 10 :00 a.m.
SECTION 2: That all of the other provisions of the Fran-
chise Agreement between AMERICAN CABLESYSTEMS OF ILLINOIS, a
Massachusetts Limited Partnership, and the VILLAGE OF ELK GROVE
VILLAGE shall remain in full force and effect. To the extent the
provisions of this Resolution shall conflict with the terms of
said Franchise Agreement, the terms of this Resolution shall
control.
SECTION 3 : That this Resolution shall be in full force and
effect from and after its passage and approval according to law.
VOTES: AYES: 5 NAYS: 0 ABSENT: 0 PASS: 1
APPROVED:
Charles J. Zettek
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PASSED this 9th day of Fury , 1988 .
APPROVED this 9th day of February , 1988 .
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