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HomeMy WebLinkAboutRes 33-96 12/17/1996 AF/ 10/11/96 RESOLUTION NO. 33-96 A RESOLUTION REQUESTING A DRAFT ON THE LE I-I'ER OF CREDIT OF TELENOIS, INC. 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, Section 21 (a) entitled "Production Facilities" of said Franchise Agreement requires the Franchisee to provide production facilities, including but not limited to a studio and editing capabilities to serve the Village of Mount Prospect; and WHEREAS, a production facility is very important to the residents of the Village in order to avail themselves of the services to be provided by Telenois, Inc~; and WHEREAS, until September 17, 1996, Telenois, Inc. provided a production facility, however that facility has been dismantled and has not been raplaced, therefore no production facility is being provided in Mount Prospect, which is a violation of the Franchise Agreement; and WHEREAS, Telenois, Inc. has been given notice of said violation and Telenois, Inc. has been given the opportunity to open an operational production facility to serve Mount Prospect, at as of the date hereinbelow, no such facility is in operation; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect has determined that it is necessary to request a draft on the Letter of Credit of Telenoisl Inc. for failure to comply with the conditions of the Franchise Agreement, specifically Section 21 of said Agreement and have further determined that the entire Letter of Credit amount of Ten Thousand Dollars ($10,000.00) should be drawn upon; and WHEREAS, the Letter of Credit issued to Telenois, Inc. by Canadian Imperial Bank of Commerce contains a provision for the Village of Mount Prospect to draw from said Letter of Credit in the amount of Ten Thousand Dollars ($10,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the above and foregoing recitals be and the same are hereby incorporated and made a part of this Resolution. SECTION TWO: That the Mayor and Board of Trustees of the Village of Mount Prospect on behalf of the Village of Mount Prospect do hereby authorize a draft be drawn under Number 14, dated April 25, 1988 of said Letter of Credit issued to Telenois, Inc. by Canadian Imperial Bank of Commerce in the amount of Ten Thousand Dollars ($10,000.00). 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, Hendricks, Hoefert, Juracek, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 17th dayof~ 1996, ATT/~T: /? k~/ ~ - '"':Gerald L Yari~, Mayor Carol A. Fields, Village Clerk