HomeMy WebLinkAboutRes 03-97 01/21/1997 CAF
1/16/97 RESOLUTION NO. $-97
A RESOLUTION EXTENDING THE TELENOIS, INC.
CABLE COMMUNICATIONS FRANCHISE FOR
SIX MONTHS ENDING AUGUST 1, 1997
WHEREAS, Telenois, Inc. is the holder of the cable television franchise for the Village
of Mount Prospect, pursuant to a franchise agreement dated August 1, 1981, as
amended by a certain "Agreement of Modifications and Amendment to Franchise
Agreement" authorized by Resolution No. 35-93 and effective as of August 17, 1993
(the Franchise Agreement); and
WHEREAS, the corporate authorities of the Village of Mount Prospect did adopt
Resolution No. 23-96, extending the original term of said cable television franchise
agreement from August 1, 1996 to February 1, 1997; and
WHEREAS Section 29 (C) of the Franchise Agreement provides, in pertinent part, that
the Village may extend the term of the franchise in six (6) month increments during the
franchise renewal process provided in this section, subject to applicable law; and
WHEREAS, the Village of Mount Prospect has not yet completed its proceedings under
Section 29 of the Franchise Agreement to consider renewal of the franchise; and
WHEREAS, it is in the best interest of the residents and cable subscribers of the
Village of Mount Prospect that the current cable franchise be extended and remain in
force until the conclusion of the Village's proceedings to consider renewal of the
Telenois cable communications franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
~ECTION ONE: That the above and foregoing recitals be and the same are hereby
incorporated and made a part of this Resolution as if fully set forth herein.
SECTION TWO: That the term of the cable television franchise and Franchise
Agreement granted by the Village of Mount Prospect and currently held by Telenois,
Inc. be and the same is hereby extended for an additional six (6) months expiring
August 1, 1997.
SECTION THREE: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES: Clowes, Corcoran, Hoefert, Juracek, Wilks
NAYS: Hendricks
ABSENT: None
PASSED and APPROVED this 21st day of January ~ 199~, .~
ATTEST: Gerald L. F~rley, Mayo~' l//
Carol A. Fields, Village Clerk
AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT (THE VILLAGE)
AND
TELENOIS, INC., DOING BUSINESS AS
TCI OF ILLINOIS, INC. (TCI)
IN CONSIDERATION of the promises and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Village and TCI hereby
agree as follows:
(A) TCI wilt have a new public access studio ("the studio") operational (defined as
being certified by a component electrical contractor and issued a certificate of
occupancy from the Village of Mount Prospect) within the Village of Mount Prospect
not later than Apd130, 1997, unless TCI is accessed penalties stipulated in Section
G;
(B) The studio will have at least the capabilities set forth in the current franchise
agreement dated June 2, 1981 and amended August 17, 1993;
(C) The studio will have at least the equipment set forth in Exhibits A & B. Attached
hereto and made a part of this agreement.
1) Exhibit A is a list of the existing TCI equipment which is to be reused to
complete the public access studio.
2) Exhibit B is a list of equipment which is to be purchased by TCI to
complete the public access studio.
TCl shall furnish to the Village an itemized statement, with supporting invoices of
the actual amounts paid for the equipment listed in Exhibit B by TCI.
If the equipment set forth in Exhibit B is purchased for less than $80,000, the
Village will have the right to specify further equipment for purchase by TCI up to a
total of $80,000. TCl shall purchase all equipment listed in Exhibit B or equipment
which is of equal or comparable quality if the listed item is unavailable. No other
obligation to give or purchase equipment under this Agreement shall be a set-off
against the $80,000 obligation set forth in this paragraph (C);
(D) TCI will also purchase and pay for two (2) complete Port-A-Pak sets that will be
made available for Mount Prospect public access users. The Port-A-Pak sets will
be "SVHS" compatible. The sets will be ordered by TCI not later than two (2) weeks
from the execution of this Agreement;
(E) TCI will purchase the equipment necessary to upgrade the editing equipment
currently located in the temporary facility at 1201 Feehanville Drive to
accommodate the "SVHS" format. This equipment will be ordered by TCI not later
than two (2) weeks from the execution of this Agreement;
(F) A suitable site for the studio will be leased not later than March 1, 1997 and
construction will commence not later than March 30, 1997;
(G) The parties acknowledge that the date of April 30, 1997, is beyond the
expiration of the current franchise agreement extension and that TCI's obligation
to perform under this Agreement shall not be affected by the expiration of the
Franchise Agreement. Further, this Agreement shall not in any manner affect any
other rights or obligations of the parties either pursuant to the Franchise Agreement
or the regulations of the Village of Mount Prospect.
In the event the studio facility is not operational on April 30, 1997, due to
circumstances that were reasonably within the company's ability to control, the
company agrees, to donate the equipment listed in Exhibit B to the Village of Mount
Prospect. Activities reasonably within the company's control shall be defined as,
but not limited to, locating a site, purchase of the equipment listed in Exhibit B, and
approving a construction contract with a properly licensed general contractor to
complete the work by April 30, 1997. Any construction contract between TCl and
any component, licensed general contractor shall include a daily penalty clause
levied against the general contractor if the studio construction is not completed by
April 30, 1997.
If construction is actively under, ray on April 30, 1997, TCl shall have up to an
additional sixty (60) calendar days to complete the studio as defined in Section B.
For each day beyond the April 30, 1997, deadline that the studio is not operational,
TCl shall pay the Village a daily penalty of $50 per day if invoiced by the village.
If TCl collects a daily penalty fee from the general contractor for not completing the
studio by April 30; 1997, TGI shall not collect a penalty which is higher than the
daily penalty charged by the Village for the same period.
If the studio is not operational by the expiration of the additional sixty (60) calendar
days beyond April 30, 1997 (June 30, 1997) TCl shall turn over title of the
equipment listed in Exhibit B to the Village.
If TCl fails to abide by the terms of this Agreement, the Village retains any rights
that it may have with respect to the establishment of the public access studio
pursuant to the Franchise Agreement and this Agreement, including but not limited
to, drawing on any existing Letter of Credit.
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(H) The completion of an operational studio shall be subject to delays caused by
an Act of God, war, dot, fire, explosion, accident, flood, sabotage, inability to obtain
fuel or power, governmental laws, regulations or orders, acts or inaction by the
Village, or any other cause beyond the reasonable control of TCI, or labor trouble,
strike, lockout or injunction (whether or not such labor event is within the
reasonable control of TCI). In the event of any delaY, the deadlines set forth herein
and the deadlines for performance shall be extended accordingly for additional
periods of time to such period(s) of delay.
(I) Notwithstanding anything to the contrary set forth herein or otherwise, this letter
of Agreement may be modified or amended only in writing specifically referencing
this letter of Agreement and signed by both parties.
IN WITNESS WHEREOF, each of the part~es has caused this Agreement to be signed
below by its duly authorized representative.
TCI OF ILLINOIS, INC. VILLAGE O~IOUNT P~RO,~E~-~
Its Its Village President
?
DATE: DATE: January 21~ 1997 '
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Exhibit A
LIST OF EQUIPMENT TO BE REUSED FROM STUDIO WHICH
WAS SHUT DOWN IN SEPTEMBER 1996 BY TCI. THIS LIST IS
TO BE PROVIDED BY TCI TO THE VILLAGE OF MOUNT
PROSPECT.
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