1990-009• o
02/ b5/90
ORDINANCE NO. 90- 9
AN ORDINANCE AMENDING THE
CABLE TELEVISION FRANCHISE ORDINANCE AND AGREEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit
pursuant to the Illinois Constitution of 1970; and
WHEREAS, Continental Cablevision ( "Continental ") operates a
cable television franchise in the Village of Buffalo Grove
pursuant to the Villages' Cable Television Franchise Agreement,
approved by Ordinance No. 81 -41 enacted July 28, 1981, and as
amended by Ordinances No. 84 -60 and 84 -61; and
WHEREAS, Continental wishes to make certain changes to its
operations in the Village to wit: to impose a charge for the
programming guide referenced in Section 14(b) of the Franchise
Agreement, and to eliminate the 24- channel tier of service
referenced in Exhibit E - (II) thereof; and
WHEREAS, Continental Cablevision and the Village have
disagreed regarding the rights and obligations of each party
under the Franchise Agreement as it may or may not be affected by
federal statutes, judicial actions, and /or rulings of the Federal
Communications Commission; and
WHEREAS, the Village and Continental have agreed that their
dispute is better resolved and the Villages' residents are better
served by an amicable resolution of their differences as
expressed by an amendment to the Franchise Agreement as approved
by Ordinance No. 81 -41; and
• o
WHEREAS, pursuant to that agreement, Continental Cablevision
has requested such an amendment; and
WHEREAS, the Village and Continental have discussed and
considered such amendments and possible alternative actions; and
WHEREAS, following due deliberation, the Village has
determined that both cable subscribers and the public interest
are best served by amendments to the Franchise Agreement as
approved by Ordinance No. 81 -41, as amended:
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS:
Section 1. That Section 14(b) of the Franchise Agreement as
approved by Ordinance No. 81 -41 is hereby amended as follows:
The word "free" in the first sentence of paragraph b shall
be deleted, and the word "offer" shall be substituted for
the word "mail" in said sentence.
Section 2. The 24 channel tier referenced in Exhibit E
(II) is hereby deleted. All notice requirements in the Franchise
Agreement are still in full force and effect subject to Section 4
of this Ordinance.
Section 3. Continental has agreed that any future channel
realignment shall not include or otherwise change the channel
assignment of Channel 6 as the Government Access Channel.
Section 4. Continental and the Village have agreed to the
above -noted amendments in an effort to resolve their differences
and to avoid vexatious and troublesome litigation. Neither party
has sought, nor does either party expect to gain in these
amendments any greater right or privilege than it presently
1
enjoys under law, nor does either party by these amendments agree
to any diminution of its rights under law.
Section 5. This ordinance shall be in full force and effect
from and after its passage and approval. This ordinance shall
not be codified.
AYES: 4 - Marienthal, Reid, Mathias, O'Malley
NAYES : 0 - None
ABSENT: 2 - Glover, Shifrin
PASSED: Fahrnary 5, 1990
APPROVED: FPhrnar3,z 5, 1990
APPROVE
Village President
ATTEST:
V-Ulage Clerk
X1',1
VILLAGE OF BUFFALO GROVE
ORDINANCE N0. --
- - --
k
ADOPTED BY THE PRESIDENT
`
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS DAY OF 191%
Published in pamphlet form by authority of the
t - -
President and Board of Trustees of the Village
of Buff a1 Grove, Cook & Lakke/ Illinois,
'Counties,
this _ day of � 19
Village Clerk
BY
Deputy Vi11'age C erk
C
,r
02/05/90
ORDINANCE NO. 90- 9
AN ORDINANCE AMENDING THE
CABLE TELEVISION FRANCHISE ORDINANCE AND AGREEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit
pursuant to the Illinois Constitution of 1970; and
WHEREAS, Continental Cablevision ( "Continental ") operates a
cable television franchise in the Village of Buffalo Grove
pursuant to the Villages' Cable Television Franchise Agreement,
approved by Ordinance No. 81 -41 enacted July 28, 1981, and as
amended by Ordinances No. 84 -60 and 84 -61; and
WHEREAS, Continental wishes to make certain changes to its
operations in the Village to wit: to impose a charge for the
programming guide referenced in Section 14(b) of the Franchise
Agreement, and to eliminate the 24- channel tier of service
referenced in Exhibit E - (II) thereof; and
WHEREAS, Continental Cablevision and the Village have
disagreed regarding the rights and obligations of each party
under the Franchise Agreement as it may or may not be affected by
federal statutes, judicial actions, and /or rulings of the Federal
Communications Commission; and
WHEREAS, the Village and Continental have agreed that their
dispute is better resolved and the Villages' residents are better
served by an amicable resolution of their differences as
expressed by an amendment to the Franchise Agreement as approved
by Ordinance No. 81 -41; and
WHEREAS, pursuant to that agreement, Continental Cablevision
has requested such an amendment; and
WHEREAS, the Village and Continental have discussed and
considered such amendments and possible alternative actions; and
WHEREAS, following due deliberation, the Village has
determined that both cable subscribers and the public interest
are best served by amendments to the Franchise Agreement as
approved by Ordinance No. 81 -41, as amended:
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS:
Section 1. That Section 14(b) of the Franchise Agreement as
approved by Ordinance No. 81 -41 is hereby amended as follows:
The word "free" in the first sentence of paragraph b shall
be deleted, and the word "offer" shall be substituted for
the word "mail" in said sentence.
Section 2. The 24 channel tier referenced in Exhibit E
(II) is hereby deleted. All notice requirements in the Franchise
Agreement are still in full force and effect subject to Section 4
of this Ordinance.
Section 3. Continental has agreed that any future channel
realignment shall not include or otherwise change the channel
assignment of Channel 6 as the Government Access Channel.
Section 4. Continental and the Village have agreed to the
above -noted amendments in an effort to resolve their differences
and to avoid vexatious and troublesome litigation. Neither party
has sought, nor does either party expect to gain in these
amendments any greater right or privilege than it presently
enjoys under law, nor does either party by these amendments agree
to any diminution of its rights under law.
Section 5. This ordinance shall be in full force and effect
from and after its passage and approval. This ordinance shall
not be codified.
AYES: 4 - Marienthal, Reid, Mathias, O'Malley
NAYES : 0 - None
ABSENT: 2 - Glover, Shifrin
PASSED: Fahmiary S. 1990
APPROVED: Fahrnarzg 5, 1990
APPROVE:
Village President
ATTEST:
Village Clerk
^ N y
02/05/90
ORDINANCE NO. 90- 9
AN ORDINANCE AMENDING THE
CABLE TELEVISION FRANCHISE ORDINANCE AND AGREEMENT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit
pursuant to the Illinois Constitution of 1970; and
WHEREAS, Continental Cablevision ( "Continental ") operates a
cable television franchise in the Village of Buffalo Grove
pursuant to the Villages' Cable Television Franchise Agreement,
approved by Ordinance No. 81 -41 enacted July 28, 1981, and as
amended by Ordinances No. 84 -60 and 84 -61; and
WHEREAS, Continental wishes to make certain changes to its
operations in the Village to wit: to impose a charge for the
programming guide referenced in Section 14(b) of the Franchise
Agreement, and to eliminate the 24- channel tier of service
referenced in Exhibit E - (II) thereof; and
WHEREAS, Continental Cablevision and the Village have
disagreed regarding the rights and obligations of each party
under the Franchise Agreement as it may or may not be affected by
federal statutes, judicial actions, and /or rulings of the Federal
Communications Commission; and
WHEREAS, the Village and Continental have agreed that their
dispute is better resolved and the Villages' residents are better
served by an amicable resolution of their differences as
expressed by an amendment to the Franchise Agreement as approved
by Ordinance No. 81 -41; and
WHEREAS, pursuant to that agreement, Continental Cablevision
has requested such an amendment; and
WHEREAS, the Village and Continental have discussed and
considered such amendments and possible alternative actions; and
WHEREAS, following due deliberation, the Village has
determined that both cable subscribers and the public interest
are best served by amendments to the Franchise Agreement as
approved by Ordinance No. 81 -41, as amended:
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS:
Section 1. That Section 14(b) of the Franchise Agreement as
approved by Ordinance No. 81 -41 is hereby amended as follows:
The word "free" in the first sentence of paragraph b shall
be deleted, and the word "offer" shall be substituted for
the word "mail" in said sentence.
Section 2. The 24 channel tier referenced in Exhibit E
(II) is hereby deleted. All notice requirements in the Franchise
Agreement are still in full force and effect subject to Section 4
of this Ordinance.
Section 3. Continental has agreed that any future channel
realignment shall not include or otherwise change the channel
assignment of Channel 6 as the Government Access Channel.
Section 4. Continental and the Village have agreed to the
above -noted amendments in an effort to resolve their differences
and to avoid vexatious and troublesome litigation. Neither party
has sought, nor does either party expect to gain in these
amendments any greater right or privilege than it presently
0
I
enjoys under law, nor does either party by these amendments agree
to any diminution of its rights under law.
Section 5. This ordinance shall be in full force and effect
from and after its passage and approval. This ordinance shall
not be codified.
AYES: 4 - Marienthal, Reid, Mathias, O'Malley
NAYES : 0 - None
ABSENT: 2 - Glover. Shifrin
PASSED: Fahrna" 5, 1990
APPROVED: Fahrnar3 9, 1990
ATTEST:
V-Ulage Clerk
APPROVE
r
Village President