1996-08RESOLUTION No. 96-8
AMENDING THE CONTINENTAL REGIONAL CABLE GROUP AGREEMENT
TO ACCOMMODATE NAME CHANGE
WHEREAS, the Village of Buffalo Grove has been a member of the Warner Regional Cable
Group, consequently renamed the Continental Regional Cable Group, since its inception in 1982,
and
WHEREAS, that consortium was established to administer contractual aspects of cable TV in the
region, and
WHEREAS, it is now advantageous for the municipalities constituting the Group to discuss
matters in regard to alternative service providers for the delivery of cable TV service in the
region, and
WHEREAS, such actions would appropriate a name change of the Continental Regional Cable
Group to "Regional Cable Group,"
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village
of Buffalo Grove, Cook and Lake Counties, IL, the Village of Buffalo Grove supports the
amended agreement, attached hereto as Exhibit A, which changes the name of the consortium to
the "Regional Cable Group."
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0 - None ABSENT: 0 - N
PASSED: February 4, 1996 APPROVED: February 4, 1996
ATTEST: APPROVED:
Vil ge Clerk 4SDNEY A IAS, Village President
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REGIONAL CABLE GROUP AMENDED AGREffi4ENT
Article I: Purpose
This Amended Agreement is: to continue the Warner Regional Cable
Group consequently renamed the Continental 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 Continental Regional
Cable Group to 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.
"Franchisee" - means a cable television company awarded a
franchise to provide cable television services within the
member municipalities.
"Member" - means a municipality which enters into this
Agreement.
"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 any franchise granted which
allows for the operation of a cable system in the member
communities.
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: Regional Cable Group
The 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
this 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 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 absence of the representative, the
alternate 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 absentia 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 any
Franchisee, shall be eligible to be a representative.
Representatives to the 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 Chairperson of the Regional Cable Group Board of
Directors shall be a representative of the member municipalities and
shall be appointed pursuant to this Article.
The Chairperson shall be rotated annually from municipality to
municipality in the order set forth in Section B (3) of this
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Article.
The Chairperson shall serve a one (1) year term, commencing on
May 1 of each year.
The Board of Directors may annually elect from its members a
Chairperson Pro Tem and such other officers as may be authorized
under the By Laws.
B. The Regional Cable Group has heretofore adopted By Laws
and amendments thereto which By Laws remain in full force and
effect. The By Laws may be amended by a majority vote of the entire
membership of the Board of Directors. The By. Laws include,.. but are
not limited to, provisions.governing the following:.
(1) Provisions for 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 at the
addresses set forth in Article X.
(3) The Chairperson 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.
(4) Administrative support to the Board of Directors will be
provided by the member municipality whose representative. is.
Chairperson.
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(5) 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
Regional Cable Group.
The Regional Cable Group shall have the powers and duties set
forth in this Article:
A. It shall review all Franchisee 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,
maintenance, and rebuilding 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 constitute grounds for
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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 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 IV,
Section 3, of the Cable Communications Ordinance.,
H. It shall review the performance of the Franchisee 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
Franchisee'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.
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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.
N. Its activities shall comply with the provisions of the
Cable Communications Ordinance, Franchise Agreement, applicable..
Federal and State laws, and Member ordinances.
Article I%: Dissolution
A. The 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 Chairperson. Such withdrawal shall be effective
thirty (30) days after receipt of written notice by the Chairperson.
but shall not relieve the member of any financial.obligation it has
to the Regional Cable Group or Member advancing monies on behalf of
the Cable Group.
B. The Regional. Cable Group may also be dissolved by mutual
agreement of all the member municipalities at any time.
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Article X: Notices
All notices herein provided for shall be sent prepaid, registered, or
certified mail, to municipalities as follows:
To the Village of Buffalo Grove:
To the Village of Elk Grove:
Village Manager
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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
To the Village of Palatine:
To the City of Rolling Meadows:
Village Manager
Village of Palatine
200 East Wood Street
Palatine, IL 60067
City Manager
City of Rolling Meadows
3600 Kirchoff Road
Rolling Meadows, IL 60008
IN WITNESS WHEREOF this Agreement is signed by the President of the
Village of Buffalo Grove, Illinois, and attested and sealed by the
Village Clerk this % day of 1996.
VILLAGE OF BUFFALO GROVE, a Municipal
Corporatio <9the Counties of Cook /Lake
and Sta Illi
By -
Vi ge President
ATTEST:
Vil age Clerk
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