1996-051e o
ORDINANCE NO. 96- 51
ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE
TELEVISION FRANCHISE BETWEEN VILLAGE OF BUFFALO GROVE
AND CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS
WHEREAS, Continental Cablevision of Northern Illinois currently provides cable
television and related service to the residents and citizens of the Village of Buffalo
Grove pursuant to the Existing Franchise Agreement; and,
WHEREAS, pursuant to the Existing Franchise Agreement and enabling
ordinance said franchise shall expire on or about July 27, 1996; and,
WHEREAS, the Village of Buffalo Grove and Continental Cablevision of Northern
Illinois have mutually agreed to extend the Existing Franchise in order to continue the
review, negotiation, and clarification of the Response to Request for Proposal process
in anticipation of ultimately executing a Franchise Agreement; and,
WHEREAS, the Village of Buffalo Grove has found good grounds to extend the
Existing Franchise and both parties have expressed their intentions to do so by
executing an Agreement providing for the extension of the Existing Franchise. (A copy
of said Agreement is attached hereto and incorporated herein by reference as Exhibit
„A,,.)
NOW, THEREFORE BE IT ORDAINED BY THE VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, IL' as follows:
Section 1. That the Existing Franchise for cable television service shall be
extended under the terms and conditions as provided in the Agreement, as specified
by "Exhibit A ".
0 0
Section 2. That all requirements and provisions of the Existing Franchise
Agreement, and ordinances relating thereto, shall continue in full force and effect.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: n - Nnna
ABSENT: o -
PASSED:
July
15,
1996
APPROVED:
Julv
15,
1996
APPROVED:
SID&EY H. MATHIAS, Village President
ATTEST:
Villa - Jerk
0 0
AGREEMENT FOR THE EXTENSION OF CABLE TELEVISION
FRANCHISE BETWEEN VILLAGE OF BUFFALO GROVE AND
CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS
WHEREAS, the Village of Buffalo Grove and Continental Cablevision of Northern
Illinois ("Continental") are the current parties to the Franchise Agreement dated July 27, 1981
(Existing Franchise) to provide cable television service to the citizens and residents of the Village
of Buffalo Grove, Illinois; and
WHEREAS, the Existing Franchise shall expire on or about July 27, 1996; and
WIEREAS, the Regional Cable Group, on behalf of the Village of Buffalo Grove, has
been reviewing the response to the November 30, 1995, Request for Proposal for the purpose of
negotiating a new Franchise Agreement with Continental; and
WHEREAS, the Regional Cable Group, on behalf of The Village of Buffalo Grove,
expects its negotiations with Continental to extend beyond the expiration of the Existing
Franchise; and
WHEREAS, the Regional Cable Group, the Village of Buffalo Grove, and Continental
have requested and agreed to the extension of the Existing Franchise for a period of time to
permit continued negotiation of a new Franchise Agreement.
IT IS NOW THEREFORE AGREED BY THE PARTIES HERETO AS FOLLOWS:
SECTION 1: The recitals above shall be fully incorporated into the terms of the
Agreement as if fully restated herein as Section 1.
SECTION 2: The existing franchise granted by the The Village of Buffalo Grove to
Warner Amex Cable Communications Company of Northwest Suburbs and subsequently adopted
by Continental Cablevision of Northern Illinois is hereby extended through and until the
0 0
conclusion of the current negotiations between the Regional Cable Group and Continental
Cablevision of Northern Illinois as the sole respondent to the November 30, 1995, Request for
Proposal.
SECTION 3: That this Agreement shall terminate as of the effective date of any newly
executed and adopted Cable Television Franchise Agreement.
SECTION 4: As evidence of such extension, a copy of "An Ordinance Extending the
Term of the Cable Television Franchise Agreement is attached hereto and incorporated herein by
reference.
SECTION 5: That throughout the extension period, the Regional Cable Group, the
Village of Buffalo Grove, and Continental Cablevision or Northern Illinois shall utilize their best
efforts to diligently and in good faith negotiate a new Franchise Agreement for the purpose of
providing cable television service to the citizens and residents of the Village of Buffalo Grove.
SECTION 6: In consideration of the extension of the existing franchise, Continental
Cablevision of Northern Illinois agrees that during the period from the effective date of this
Agreement to its ultimate termination, Continental shall:
A. Abide by all terms and conditions of the existing franchise; and
B. Continue to operate the cable system in its current format and shall continue to
provide the same or similar mix of programming as currently provided in the Village of Buffalo
Grove.
C. Continue to provide the public, educational, and governmental programming; and
D. Not discontinue, abandon, or otherwise terminate the cable television services it
currently provides to the citizens and residents of the Village of Buffalo Grove, except as may be
2
o e
ordered by a court of competent jurisdiction or upon sixty (60) days prior written notice to the
Village of Buffalo Grove delivered by certified mail, return receipt requested, with proper postage
prepaid; and
E. In the event of the termination of cable television service to the citizens and
residents of the Village of Buffalo Grove, Continental shall provide written notice to all current
customers indicating the date such service shall be terminated; and
F. Maintain compliance with all Federal, State, and local statutes and regulations
relating to the regulation of cable television service; and
SECTION 7: Each party reserves all rights, procedures, protections, or recourse
available to them under the Cable Communications Policy Act of 1984, as now or hereafter
amended, specifically including Section 626 thereof.
SECTION 8: With the exception of the rights reserved in Section 7 (above), neither
parry shall complain, challenge, claim, counterclaim, or bring any defense or affirmative defense
before any Court of law or regulatory or adjudicatory body regarding any event, act, or
irregularity of proceedings in connection with the renewal of the existing franchise which
occurred, or may have occurred, on or prior to the effective date of this Agreement.
SECTION 9: This Agreement may be renewed by written request of either parry
delivered to the principal office of the other not less than 30 days prior to the expiration of this
Agreement. Any such extension shall be for a maximum period of 180 days.
SECTION 10: This Agreement shall be construed under Illinois Law and may be
enforced by either party in State courts of Illinois with proper venue being in Cook County,
Illinois.
K
0
SECTION 11: This Agreement may not be amended, modified, canceled, or extended
(except as provided in Section 9 above) without the advanced
hereto.
ATTEST:
R ,N'
Villide Clerk
ATTEST:
Its: eat ue) A•s�sr nt
GI
consent of both parties
Grove
CONTINENTAL CABLEVISION OF
NORTHERN ILLRI&S
Its: \1, V. r r"J-ok .
L%M'
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. -'
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF FFALO GROV
THIS DAY OF 19�fp
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffal Grove, Cook & Lake Counties, �nois,
this - -� day of , 19�.
tillage lerrk
By aa_ ��
Deputy Village Clerk
r ORDINANCE NO. 96- 51
ORDINANCE EXTENDING THE TERM OF THE EXISTING CABLE
TELEVISION FRANCHISE BETWEEN VILLAGE OF BUFFALO GROVE
AND CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS
WHEREAS, Continental Cablevision of Northern Illinois currently provides cable
television and related service to the residents and citizens of the Village of Buffalo
Grove pursuant to the Existing Franchise Agreement; and,
WHEREAS, pursuant to the Existing Franchise Agreement and enabling
ordinance said franchise shall expire on or about July 27, 1996; and,
WHEREAS, the Village of Buffalo Grove and Continental Cablevision of Northern
Illinois have mutually agreed to extend, the Existing Franchise in order to continue the
review, negotiation, and clarification of the Response to Request for Proposal process
in anticipation of ultimately executing a Franchise Agreement; and,
WHEREAS, the Village of Buffalo Grove has found good grounds to extend the
Existing Franchise and both parties have expressed their intentions to do so by
executing an Agreement providing for the extension of the Existing Franchise. (A copy
of said Agreement is attached hereto and incorporated herein by reference as Exhibit
"A".)
NOW, THEREFORE BE IT ORDAINED BY THE VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, IL' as follows:
Section 1. That the Existing Franchise for cable television service shall be
extended under the terms and conditions as provided in the Agreement, as specified
by "Exhibit A ".
Section 2. 1 That all requirements and provisions of the Existing Franchise
Agreement, and ordinances relating thereto, shall continue in full force and effect.
AYES: 6 - Marienthal, Reid Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: 0 - None
PASSED: July 15, 1996
APPROVED: July 15, 1996
APPROVED:
iH. MATHIAS, Vi'llage Pm
4S I D Village President
j
ATTEST:
,u ry
Villa Jerk
.l
AGREEMENT FOR THE EXTENSION OF CABLE TELEVISION
FRANCHISE BETWEEN VILLAGE OF BUFFALO GROVE AND
CONTINENTAL CABLEVISION OF NORTHERN ILLINOIS
WHEREAS, the Village of Buffalo Grove and Continental Cablevision of Northern
Illinois ( "Continental') are the current parties to the Franchise Agreement dated July 27, 1981
(Existing Franchise) to provide cable television service to the citizens and residents of the Village
of Buffalo Grove, Illinois; and
WHEREAS, the Existing Franchise shall expire on or about July 27, 1996; and
WHEREAS, the Regional Cable Group, on behalf of the Village of Buffalo Grove, has
been reviewing the response to the November 30, 1995, Request for Proposal for the purpose of
negotiating a new Franchise Agreement with Continental; and
WHEREAS, the Regional Cable Group, on behalf of The Village of Buffalo Grove,
expects its negotiations with Continental to extend beyond the expiration of the Existing
Franchise; and
WHEREAS, the Regional Cable Group, the Village of Buffalo Grove, and Continental
have requested and agreed to the extension of the Existing Franchise for a period of time to
permit continued negotiation of a new Franchise Agreement.
IT IS NOW THEREFORE AGREED BY THE PARTIES HERETO AS FOLLOWS:
SECTION 1: The recitals above shall be fully incorporated into the terms of the
Agreement as if fully restated herein as Section 1.
SECTION 2: The existing franchise granted by the The Village of Buffalo Grove to
Warner Amex Cable Communications Company of Northwest Suburbs and subsequently adopted
by Continental Cablevision of Northern Illinois is hereby extended through and until the
conclusion of the current negotiations between the Regional Cable Group and Continental
Cablevision ofNorthern Illinois as the sole respondent to the November 30, 1995, Request for
Proposal.
SECTION 3: That this Agreement shall terminate as of the effective date of any newly
executed and adopted Cable Television Franchise Agreement.
SECTION 4: As evidence of such extension, a copy of "An Ordinance Extending the
Term of the Cable Television Franchise Agreement is attached hereto and incorporated herein by
reference.
SECTION 5: That throughout the extension period, the Regional Cable Group, the
Village of Buffalo Grove, and Continental Cablevision or Northern Illinois shall utilize their best
efforts to diligently and in good faith negotiate a new Franchise Agreement for the purpose of
providing cable television service to the citizens and residents of the Village of Buffalo Grove.
SECTION 6: In consideration of the extension of the existing franchise, Continental
Cablevision of Northern Illinois agrees that during the period from the effective date of this
Agreement to its ultimate termination, Continental shall:
A. Abide by all terms and conditions of the existing franchise; and
B. Continue to operate the cable system in its current format and shall continue to
provide the same or similar mix of programming as currently provided in the Village of Buffalo
Grove.
C. Continue to provide the public, educational, and governmental programming; and
D. Not discontinue, abandon, or otherwise terminate the cable television services it
currently provides to the citizens and residents of the Village of Buffalo Grove, except as may be
2
P �
ordered by a court of competent jurisdiction or upon sixty (60) days prior written notice to the
Village of Buffalo Grove delivered by certified mail, return receipt requested, with proper postage
prepaid; and
E. In the event of the termination of cable television service to the citizens and
residents of the Village of Buffalo Grove, Continental shall provide written notice to all current
customers indicating the date such service shall be terminated; and
F. Maintain compliance with all Federal, State, and local statutes and regulations
relating to the regulation of cable television service; and
SECTION 7: Each party reserves all rights, procedures, protections, or recourse
available to them under the Cable Communications Policy Act of 1984, as now or hereafter
amended, specifically including Section 626 thereof.
SECTION 8: With the exception of the rights reserved in Section 7 (above), neither
parry shall complain, challenge, claim, counterclaim, or bring any defense or affirmative defense
before any Court of law or regulatory or adjudicatory body regarding any event, act, or
irregularity of proceedings in connection with the renewal of the existing franchise which
occurred, or may have occurred, on or prior to the effective date of this Agreement.
SECTION 9: This Agreement may be renewed by written request of either parry
delivered to the principal office of the other not less than 30 days prior to the expiration of this
Agreement. Any such extension shall be for a maximum period of 180 days.
SECTION 10: This Agreement shall be construed under Illinois Law and may be
enforced by either party in State courts of Illinois with proper venue being in Cook County,
Illinois.
SECTION 11: This Agreement may not be amended, modified, canceled, or extended
(except as provided in Section 9 above) without the advanced written consent of both parties
hereto. Z�
ATTEST:
Vill e Clerk
ATTEST:
Its: Oxteu'4 Of �.�►SIS�e�nf
4
Grove
CONTINENTAL CABLEVISION OF
NORTHERN ILLR405IS i►
Its: �J , V. i `�Ot-
lzlhti
}