1993-26RESOLUTION # 93- 26
WHEREAS, on July 30, 1981, the Village of Buffalo Grove, Village of Elk
Grove, Village of Hoffman Estates, Village of Palatine and City of Rolling
Meadows, entered into a Franchise Agreement with Warner Amex Cable
Communications Company of Northwest Suburbs ( "Municipalities ") for the
operation of a Cable Communications System Franchise, and
WHEREAS, on April 12, 1982, an Agreement was approved by each of the
municipalities creating the "Warner Regional Cable Group" made up of
representatives of each municipality for the purpose of administration and
enforcement of the Cable Franchise as awarded to Warner Amex by the member
municipalities, to determine reasonable rates and service levels for the
citizens and otherwise to monitor the activities of Warner Amex, and
WHEREAS, each of the member municipalities has adopted a Cable
Communications Ordinance, and
WHEREAS, in 1984 the assets of Warner Amex Cable Communications, Inc.,
were, pursuant to approval of the member municipalities, transferred to
American Cable Systems of Illinois, ( "American ") and thereafter in 1988,
pursuant to approval granted by the member municipalities, American Cable
Systems Corporation merged with Continental Cablevision Acquisition Co.,
Inc., a wholly owned subsidiary of Continental Cablevision, Inc., and
WHEREAS, the Village of Buffalo Grove is desirous of continuing the
Regional Cable Group.
BE IT RESOLVED by the Board of Trustees of the Village of Buffalo Grove
that it hereby approves the Amended Agreement creating the Continental
Regional Cable Group and that it hereby approves and directs the Village
Clerk to sign and affix the corporate seal to the Amended Continental
Regional Cable Group Agreement.
YEAS 6 - Marienthal, Reid, Kahn, Rubins, Braiman, Hendricks
NAYS: 0 - None
ABSENT: .O - None
Passed and approved this 19th day of April , 1993.
V llage Pp6rffent
ATTEST:
Villa lerk
CONTINENTAL REGIONAL CABLE GROUP
AMENDED AGREEMENT
ARTICLE I: Purpose
This Amended Agreement is to continue the Warner Regional Cable Group,
which was formed in April, 1982, for the purpose of monitoring the operation
and activities of Cable Communications, to provide coordination of the
administration and enforcement of the cable television franchises awarded by
the parties to this Agreement, to engage in cable television franchise
renewal negotiations, 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 changed from Warner Regional Cable Group
to Continental 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 Continental Cablevision.
"Member" - means a municipality which enters into this Agreement.
"Continental Regional Cable Group" - means the organization created
pursuant to this Amended Agreement.
"Cable Communications Ordinance" - means the ordinance adopted by each
member to provide for the franchising and regulation of cable services.
"Franchise Agreement" - means the franchise granted to Warner Amex Cable
Communications Company on July 30, 1981, as amended, assigned, and
eventually merged into Continental Cablevision, Inc.
ARTICLE IV: Membership
The municipalities which are 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: Continental Regional Cable Group
The Continental Regional Cable Group shall commence its activities when
no less than three (3) of the municipalities listed in Article IV herein
authorize continued membership. A municipality entering into the Agreement
shall do so by duly authorized execution of a copy of this Agreement.
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 executed by the required three (3) municipalities.
ARTICLE VI: Board of Directors
A. The Continental 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 alternative representative in accordance with its rules and procedures.
In the absence of the representative, the alternative shall be entitled to
cast the municipality's vote. Voting shall be by representative.or alternate
present at a Board 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
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be a representative. Representatives to the Continental Regional Cable Group
shall serve without compensation, 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
discretion of the municipality. Vacancies shall be filled at the earliest
opportunity.
ARTICLE VII: Organization of the Board of Directors; By -Laws
A. The Continental Regional Cable Group Board of Directors shall
annually elect from its members a Chairman and a Chairman pro tem, and such
other officers as may be required under the By -Laws who shall serve until
their successor is elected.
B. At the organizational meeting, or as soon thereafter as it
reasonably may be done, the Continental Regional Cable Group shall adopt
By -Laws governing its procedures. By -Laws 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, as required.
(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;
(4) The chairman shall be rotated on the following basis:
a. The City of Rolling Meadows
b. The Village of Buffalo Grove
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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
his /her election or until his successor is elected.
(5) Administrative support to the Board of Directors will be provided
by the member municipality whose representative is 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 Continental Regional Cable Group.
The Continental Regional Cable Group shall have the powers and duties
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 additional 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 legal actions, fines, or penalties,
in accordance with Article VII, Section 12, of the Cable Communications
Ordinance.
C. It shall monitor timely and proper construction and maintenance 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.
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E. It shall advise and recommend to the member municipalities on
matters which might constitute 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 Continental 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 advancements pursuant to Article TV, 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 Communications Ordinance.
I. It shall monitor and advise the member municipalities on matters
pertaining 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
pertaining 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.
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
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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.
N. Its activities shall comply with the provisions of the Cable
Communications Ordinance, Franchise Agreement, applicable Federal and State
laws, and Member Ordinances.
ARTICLE IX: Dissolution
A. The Continental 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 but shall not relieve the member of
any financial obligation it has to the Continental Regional Cable Group or
Member advancing monies on behalf of the Cable Group.
B. The Continental Regional Cable Group may also be dissolved by
mutual agreement of all the members 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 Village Manager
Buffalo Grove: Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, 11 60089
To the Village of Elk Grove: Village Manager
Village of Elk Grove
901 Wellington
Elk Grove Village, 11 60007
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a
To the Village of
Hoffman Estates:
To the Village of Palatine:
•
Village Manager
Village of Hoffman Estates
1900 Hassel Road
Hoffman Estates, I1 60195
Village Manager
Village of Palatine
200 East Wood Street
Palatine, 11 60067
To the City of Rolling Meadows: City Manager
City of Rolling Meadows
3600 Kirchoff Road
Rolling Meadows, Il 60067
IN WITNESS WHEREOF, this Agreement is signed by the Village President of the
Village of Buffalo Grove, Illinois, and attested and sealed by the Village
Clerk this 19thday of April 1993.
By:
i lage of alo Grove
ATTEST:
L ?`fit,,
Village of Buffalo Grove
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