HomeMy WebLinkAboutRESOLUTION - 23-82 - 5/11/1982 - AGRMT/WARNER REGIONAL CABLE GROUPW
RESOLUTIONI I10. 23-82
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO EXECUTE THE
WARNER REGIONAL CABLE GROUP AGREEMENT
iOW) 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:
Section 1. That the Village President be and is hereby authorized to
sign the attached documents marked Warner Regional Cable Group
Agreement
, 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 Village President.
Section 2. That this resolution shall be in full force and effect
from and after its 1assage and approval according to lav:.
PASSES th'_s 11th day of
1982 .
APPROVED this 11th day of May , 1982 .
Charles J. Zettek
President
Attest:
Fay M. Bishop
Village Clerk
WARNER REGIONAL CABLE GROUP
AGREEMENT
ARTICLE I: Purpose
The purpose of this Agreement is to establish an organization to monitor
the operation and activities of Cable Communications, to provide coordination
of the administration and enforcement of the cable television franchises awarded
to WARNER -AMEX CABLE COMMUNICATIONS COMPANY OF NORTHWEST SUBURBS by the parties
to this Agreement, to encourage use of the access channels and the Institutional
Network among the widest possible range of institutions, groups and individuals,
and to conduct such other activities authorized herein as may be necessary to
encourage equitable and reasonable rates and service levels for the citizens
of the parties to this Agreement.
ARTICLE II: Name
The name of the organization is the WARNER REGIONAL CABLE GROUP.
ARTICLE III: Definitions
For the purpose of this Agreement, the following words and phrases shall
have the meanings given them:
"Council" or "Board" - means the City or Village corporate authorities.
"Board of Directors" - means the selected and appointed representatives of
the member Municipalities pursuant to Article VI hereof.
"Grantee"- means WARNER -AMEX CABLE COMMUNICATIONS COMPANY OF NORTHWEST SUBURBS.
"Member" - means a Municipality which enters into this Agreement.
"Warner Regional Cable Group" - means the organization created pursuant
to this Agreement
ARTICLE IV: Eligibilities for Membershi
The Municipalities which are eligible to become initial members of the
organization are: The Village of Buffalo Grove, the Village of Elk Grove,
the Village of Hoffman Estates, the Village of Palatine, and the City of Rolling
Meadows.
ARTICLE V: Commencement of the Warner Regional Cable Group
The Warner Regional Cable Group shall commence its activities when no less
than three (3) of the Municipalities eligible for initial membership described in
Article IV herein authorize membership. A Municipality entering into this Agree-
ment shall do so by duly authorized execution of a copy of this Agreement by its
Council or Board.
The resolution authorizing execution of this Agreement shall also designate
the first director and an alternate from that Municipality, as provided in Article
VI hereof. The Agreement shall become effective when it has been authorized by
the required three (3) Municipalities. Within thirty (30) days after the effective
date of this Agreement, the first meeting of the Board of Directors shall be held.
ARTICLE VI: Establishment of Board of Directors
A. The WARNER REGIONAL CABLE GROUP shall consist of a Board of Directors
appointed by the member Municipalities in accordance with this Article. Each
Municipality shall be entitled to one (1) representative on the Board of Directors,
which representative shall be entitled to one (1) vote.
B. Each Municipality shall select and appoint its representative and an
alternate representative in accordance with its rules and procedures. In the ab-
sence of the representative, the alternate shall be entitled to cast the Munici-
pality's vote. Voting shall be by representative or alternate present at a Board
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of Directors' meeting and no proxy or in abstentia voting shall be allowed.
C. Representatives need not be elected officials or employees of the
Municipality they represent. No person who has an ownership or financial interest,
however direct or indirect, in the Grantee, shall be eligible to be a representa-
tive. Representatives shall serve without compensation from the WARNER REGIONAL
CABLE GROUP, but this shall not prevent a Municipality from providing compensation
for its representatives if such compensation is authorized by the Municipality
and not otherwise prohibited by it.
D. Each representative shall serve on the Board of Directors at the dis-
cretion of the Municipality. Vacancies shall be filled at the earliest opportunity.
ARTICLE VII: Organization of the Board of Directors; Bylaws
A. At the first meeting of the WARNER REGIONAL CABLE GROUP, and annually
thereafter, the Board of Directors shall elect from its members a Chairman and a
Chairman pro tem, and such other officers as may be required under the Bylaws.
B. At the organizational meeting or as soon thereafter as it reasonably
may be done, the WARNER REGIONAL CABLE GROUP shall adopt Bylaws governing its
procedures. Bylaws shall be adopted by a majority vote of the entire membership
of the Board of Directors and shall include provisions governing the following:
(1) Provisions for a minimum of quarterly regular meetings
and special meetings;
(2) Provisions for minutes for all Board of Directors meetings,
which shall be mailed to all member Municipalities;
(3) Provisions for an annual report to be made to the Municipalities
as to Board of Directors' actions with respect to the review of the cable
television system;
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(4) The chairmanship shall be rotated on the following basis:
a.
The
City of
Rolling Meadows
b.
The
Village
of Buffalo Grove
C.
The
Village
of Elk Grove
d.
The
Village
of Hoffman Estates
e.
The
Village
of Palatine
The Chairman shall serve for a term of one (1) year from the date of the
first meeting.
(5) Administrative support to the Board of Directors will be pro-
vided by the member Municipality who is elected Chairman.
(6) Such other provisions as the Board of Directors may determine
necessary for the efficient administration of its responsibility.
ARTICLE VIII: Powers and Duties of the Warner Regional Cable Group
The powers and duties of the WARNER REGIONAL CABLE GROUP shall include the
powers set forth in this Article:
A. It shall review all Grantee records relating to the system in accordance
with Article V, Section 2, of the Cable Communications Ordinance. It may require
the preparation and filing of addition information deemed necessary.
B. It shall determine possible violations of the Franchise Agreement or
Cable Communications Ordinance and advise the member Municipalities of possible
avenues of recourse, including fines or penalties, in accordance with Article VII,
Section 12, of the Cable Communications Ordinance.
C. It shall monitor timely and proper construction of the cable system
in accordance with Article VI, Section 9, of the Cable Communications Ordinance
and Sections 12 and 13 of the Franchise Agreement.
D. It shall advise and recommend to the member Municipalities on matters
affecting the renewal of the franchise, in accordance with the provisions of
Article IV, Section 5, of the Cable Communications Ordinance.
E. It shall advise and recommend to the member Municipalities on matters
which might consititute grounds for revocation of the franchise in accordance with
the provisions of Article IV, Section 6, of the Cable Communications Ordinance.
F. It shall conduct franchise performance evaluation sessions in accordance
with the provisions of Article IV, Section 4, of the Cable Communications Ordinance.
The findings of such sessions shall be in written form and provided to all members
of the WARNER REGIONAL CABLE GROUP.
G. It shall advise and recommend to the member Municipalities amendments
which might be made to the Franchise Agreement to incorporate technological advance-
ments pursuant to Article IV, Section 3, of the Cable Communications Ordinance.
H. It shall review the performance of the Grantee and advise and recommend
to the member Municipalities on the need for the regulation of rates and requests
for changes in rates in accordance with Article V, Section 1, of the Cable Communica-
tions Ordinance.
I. It shall monitor and advise the member Municipalities on matters per-
taining to the technical quality and performance of the Grantee's cable system in
accordance with Article IV, Section 4, of the Cable Communications Ordinance.
J. It shall review and advise the member Municipalities on matters per-
taining to interconnect between cable systems, between municipalities and other
governmental entities on technical quality and performance.
K. It shall review and assess the needs of the institutional facilities
in the area.
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L. It may consult with persons knowledgeable in cable communications and
persons having a special interest therein, such as industry representatives,
research organizations, educational institutions, other political subdivisions,
municipal organizations, regulatory organizations, technical experts and any
other person who can provide information concerning cable communications.
M. It shall accept any other duties or tasks assigned, delegated or
requested by the member Municipalities.
ARTICLE IX: Dissolution
A. The WARNER REGIONAL CABLE GROUP shall continue until its member
Municipalities number less than three (3). Withdrawals of a member Municipality
may be accomplished by filing a written notice of withdrawal with the Chairman.
Such withdrawal shall be effective thirty (30) days after receipt of written
notice by the Chairman.
B. The WARNER REGIONAL CABLE GROUP may also be dissolved by mutual agree-
ment of all the member Municipalities at any time.
ARTICLE X: Notices
All notices herein provided for shall be sent prepaid registered or certified
mail addressed to the member Municipalities as follows:
To the Village of Buffalo Grove
To the Village of Elk Grove
Village Manager
Village of Buffalo Group
50 Raupp Boulevard
Buffalo Grove, IL. 60090
Village Manager
Village of Elk Grove
901 Wellington
Elk Grove Village, IL. 60007
To the Village of Hoffman Estates Village Manager
Village of Hoffman Estates
1200 North Gannon Drive
Hoffman Estates, IL. 60195
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