HomeMy WebLinkAboutRes 33-85 06/11/1985
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RESOLUTION NO. 33-85
A RESOLUTION AUTHORIZING ACCEPTANCE OF THE
PARTNERSHIP AGREEMENT AS IT RELATES TO
CABLENET ASSOCIATES
WHEREAS, the corporate authorities of the Village of Mount
Prospect passed Resolution No. 27-81, approving and authorizing
the execution of a franchise agreement between the
Village of Mount Prospect and Cablenet, Inc. for the installation
and operation of a cable communications system within the
corporate boundaries of the Village of Mount Prospect; and
WHEREAS, the Village of Mount Prospect is a member of the
Northwest Municipal Cqble Council, an inter-governmental agency.
elected by the Village and other Cablenet Franchisors (member
communities) to recommend policies and actions to its members
relative to the Cable Ordinance and Agreement to its member
communities, including the Village of Mount Prospect; and
WHEREAS, Cablenet, Inc. has requested approval of its proposal
to transfer all of its interest in the cable system serving
Mount Prospect and member municipalities to a partnership
whose partners shall consist of Cablenet, Inc. ànd Telenois, Inc.
a subsidiary of TCI Development Corporation, hereinafter
referred to as Cablenet Associates; and
WHEREAS, Cablenet Associates is initially an equal partnership
of Cablenet, Inc. and Telenois, Inc. which shall be subject to
all provisions of the Cable Communications Ordinance and
Illinois partnership laws with regard to further transfers of
ownership; and
WHEREAS, prior approval of the Village of Mount Prospect shall
be required if at any time of the partners of Cablenet
Associates increase their respective shares by 20% or more; and
WHEREAS, the corporate authorities of the Village of Mount Prospe t
passed Resolution No. 55-84, approving the trarisferofthe cable
system to a partnership of Cablenet, Inc. and Telenois, Inc, prov dJ
for final acceptance to be conditioned on the partnership
agreeing to accept in writing and be bound by all licenses,
permits, agreements and Ordinances and Resolutions, as amended,
an all representation, currently in effect between Cablenet, Inc.,
and the member communities, regardless of the degree of
ownership or control, and also conditioned upon the partnership
agreeing to maintain access facilities and services to the extent
required by the Agreements, Ordinances and Resolutions, and as
additionally reflected in the Performance Review Report submitted
by Cablenet, Inc. in July, 1984; and
WHEREAS, the Northwest Municipal Cable Council has reviewed the
documents relative to the proposed transfer of interest held by
Cablenet, Inc. and has recommended that the member communities
accept the transfer inasmuch as written acceptance of the
conditions set forther by the Village of Mount Prospect has been
submitted and attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Cablenet Associates, a partnership between
Cablenet, Inc. and Telenois, Inc. a wholly-owned subsidiary of
TCI Development Corporation (which is a wholly owned subsidiary
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of Telecommunications, Inc.) has submitted written acceptance
of the conditions established by the Village of Mount Prospect
relative to the continuation of the franchise agreement between
the Village of Mount Prospect and Cablenet, Inc., a copy of
which is attached hereto as Exhibit A.
SECTION TWO: That the corporate authorities of the Village of
Mount Prospect do hereby accept the written acceptance of the
I partnership, Cablenet Associates, and the Mayor is hereby
authorized to acknowledge acceptance in written form to
! Cablenet Associates.
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:
Farley, Floros, Murauskis, Van Geem, Wattenberg
NAYS:
None
ABSENT:
Arthur
PASSED and APPROVED this 11th day of June, 1985.
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ATTEST:
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Village Clerk