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1996-0840 0 ORDINANCE NO. 96- 84 ORDINANCE EXTENDING THE TERM OF THE EXISTING 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 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, Pursuant to Ordinance No.96 -51 the existing franchise agreement was extended for the purpose of continuing discussions and negotiations beyond the July 27, 1996 expiration date. That said extension is to terminate on or before December 31, 1996, however, the Regional Cable Group does not believe that a completed franchise agreement will be available for review prior to January 1997; 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 an additional period of time to permit continued negotiation of a new Franchise Agreement not to extend beyond February 28, 1997. 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 as previously extended, shall be further extended under the terms and conditions as provided in the Agreement, as specified by "Exhibit A" attached hereto and incorporated herein. Section 2. That all requirements and provisions of the Existing Franchise Agreement, and ordinances relating hereto, shall continue in full force and effect. AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: n - ABSENT: -o - None PASSED: December 16, 1996 ATTEST:. Village Clerk _ APPROVED: December 16, 1996 APP D: SIDNEY H. MATHIAS Village President H © "EXHIBIT "A" 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 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 WIIEREAS, Pursuant to Ordinance No.96 -51 the existing franchise agreement was extended for the purpose of continuing discussions and negotiations beyond the July 27, 1996 expiration date. That said extension is to terminate on or before December 31, 1996 however the Regional Cable Group does not believe that a completed franchise agreement will be available for review prior to January 1997.; 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 an additional period of time to permit continued negotiation of a new Franchise Agreement not to extend beyond February 28, 1997. 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 February 28, 1997 in expectation of the 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 or February 28, 1997 whichever first occurs. 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 of 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. E4* X 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 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. 0 0 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. ATTEST: VillV e Clerk ATTEST: Its: 4 Village President, Buffalo Grove CONTINENTAL CABLEVISION OF NORTHERN ILL S By: ' Its: ORDINANCE NO. 96- 84 ORDINANCE EXTENDING THE TERM OF THE EXISTING 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 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, Pursuant to Ordinance No.96 -51 the existing franchise agreement was extended for the purpose of continuing discussions and negotiations beyond the July 27, 1996 expiration date. That said extension is to terminate on or before December 31, 1996, however, the Regional Cable Group does not believe that a completed franchise agreement will be available for review prior to January 1997; 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 an additional period of time to permit continued negotiation of a new Franchise Agreement not to extend beyond February 28, 1997. 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 as previously extended, shall be further extended under the terms and conditions as provided in the Agreement, as specified by "Exhibit A" attached hereto and incorporated herein. Section 2. That all requirements and provisions of the Existing Franchise Agreement, and ordinances relating hereto, shall continue in full force and effect. AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 0 - None PACCFn,. December 16, 1996 APPROVED: December 16 1996 ATTEST, Village Clerk APP D: SIDNEY H. MATHIAS Village President EXHIBIT "A" 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 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, Pursuant to Ordinance No.96 -51 the existing franchise agreement was extended for the purpose of continuing discussions and negotiations beyond the July 27, 1996 expiration date. That said extension is to terminate on or before December 31, 1996 however the Regional Cable Group does not believe that a completed franchise agreement will be available for review prior to January 1997.; 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 an additional period of time to permit continued negotiation of a new Franchise Agreement not to extend beyond February 28, 1997. 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 February 28, 1997 in expectation of the 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 or February 28, 1997 whichever first occurs. 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 of 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. 2 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 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 parry 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 parry 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. .r•�� -fir _..� Village President, Buffalo Grove ATTEST:' " Village Clerk A ATTEST: Its: 4 CONTINENTAL CABLEVISION OF NORTHERN ILL S By Its: