HomeMy WebLinkAboutRes 55-84 11/20/1984
f\
"
RESOLUTION NO.
55-84
A RESOLUTION APPROVING TRANSFER OF CABLENET SYSTEM
TO A PARTNERSHIP OF CABLENET, INC AND
TELECOMMUNICATIONS, INC.
WHEREAS, Cablenet, Inc. is the duly franchized provider of
cable service in the Council municipaliti~s under the
respective Ordinances and Agreements; and
IWHEREAS, Cablenet, Inc. has r.eqUested approval of its proposal
to transfer all of its interest in the cable system serving
the member municipalities pursuant to Article VI of the
'Ordinances; and
WHEREAS, Cablenet proposes that its interest be transfered to
a Partnership whose partners shall consist of Cablenet, Inc.
and Telecommunications, Inc.; and
WHEREAS, Cablenet Associates is initially an equal Partnership
of Cablenet, Inc., and TCI, which shall be subject to all
provisions of the Cable Communications Ordinance and Illinois
Partnership law with regard to further transfers of ownership;
land
HEREAS, the Partnership of Cablenet, Inc. and TCI agrees to
land will be bound by all licenses, permits, Agreements and
rdinances, as amended and representations currently in effect
etween Cablenet, Inc. and the member communities (as per the
greements and Ordinances), regardless of the degree of
ownership or control; and
HEREAS, the partnership of Cablenet, Inc. and TCI shall agree
to maintain access facilities and services to the extent
equired by the Agreements and Ordinances, and as additionally
eflected in the Performance Review Report submitted by
¡ablenet, Inc. in July, 1984; and
~EREAS, the Village o~ Mount Prosp~ct"has ~nvested considerable
lme and effort selectlng and negotlatlng wlth Cablenet, Inc.
0 provide the best possible cable television service to its
fesidents; and
kHEREAS, Cablenet, Inc. has constructed and activated all or
ost of the cable system as originally negotiated; and
I HEREAS, the Village of Mount Prospect has repeatedly affirmed
"ts full commitment to the provision, by its franchise of
ophisticated cable service to its residents, including dual-
runk 120 channel capacity, two-way services as appropriate, a
eparate institutional truck, and fully operational staffed
ccess studios and access channels allowing residents and public
I.::::::~i::: ::r:::::i::::C:::lt::::s~:::::~e~na::ter-
I overnmental agency elected by the Village and other Cablenet
ranchisors to recommend policies and actions to its members
elative to the Cable Ordinance and Agreement to its member
unicipalities, including the'Village of Mount Prospect; and
'I THEREAS,
ransfer
I pproval
I
the Cable Council has reviewed the application to
the cable system to the Partnership and recommended
on the above terms; and
n
-
WHEREAS, TCI does not operate a telephone system in any
member municipality; and
¡WHEREAS, neither Telecommunications, Inc. nor any of its officers
have been convicted of any crime or moral turpitude or
I fraud; and
WHEREAS, nothing in this Resolution or the approval of the
Transfer shall limit the rights or authority of the
I municipality currently in effect under the existing Agreement,
Ordinance, or other representation with the Franchisee.
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 Mayor and Board of Trustees of the
Village of Mount Prospect hereby approves the transfer as
described above conditioned upon the Partnership agreeing to
accept in writing and be bound by all licenses, permits,
Agreements and Ordinances, as amended and all representations
currently in effect between Cablenet, Inc. and the member
communities (as per the Agreements and Ordinances), regardless
of the degree of ownership or control, and conditioned upon
the Partnership agreeing to main access facilities and services
to the extent required by the Agreements and Ordinances, and
as additionally reflected in the Performance Review Report
submitted by Cablenet, Inc. in July, 1984.
SECTION TWO: That final approval shall be provided by the
Mayor and Board of Trustees of the Village of Mount Prospect
upon submission of acceptable written acceptance of these
terms ¡to the Village, effective on the date of receipt of
such acceptance.
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, and as provided by SECTION TWO herein.
AYES:
Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg
NAYS:
None
, ABSENT:None
PASSED and APPROVED this
20
day of
November
, 1984.
. taA£ ~ II ~>Lß-
Mayor