CCR1985078RESOLUTION 1/78-85
APPROVAL OF CONTRACT BETWEEN HAWS AND
THE CITY OF MUSKEG0 FOR 1985
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Safety Committee, does
hereby approve of the attached agreement between the Humane
Muskego for a period of one year from April 1, 1985. Animal Welfare Society of Waukesha County, Inc. and the City of
BE IT FURTHER RESOLVED that the Clerk and Mayor are authorized to
execute said agreement in the name of the City.
DATED THIS 23RD DAY OF A P,qIL , 1985.
PUBLIC SAFETY COMMITTEE
Ald. Richard Nilsson
ATTEST :
City Clerk
4/85
jh
THIS AGREEMENT, entered into by and between the
Municipality of City of Muskego , a municipal
corporation organized and existing under the laws
of the State of Wisconsin, with principal offices
located at Wl82 S8200 Racine Ave., Muskego ,
Wisconsin, (hereinafter referred to as the Municipality),
and the Humane Animal Welfare Society of Waukesha
County, Inc. a Wisconsin Corporation, whose principal
office is located at S1 W24343 Northview Road,
Waukesha, Wisconsin, (hereinafter referred to as the
Humane Society).
WHEREAS, the Municipality from time to time, through
its proper police work, picks up strayed, abandoned
or unattended animals, an is desirous of a proper
place to deposit such animals where they will receive
humane care, and
WHEREAS, the Humane Society is an organization
devoted, among other things, to the care of animals
and has the facilities to provide for proper care
in a humane way for strayed, abandoned or unattended
animals,
NOW THEREFDRE, in consideration of the covenants
herein contained, the parties agree a6 follows:
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1. The Humane Society agrees to accept for shelter stray
animals as they are delivered to its establishment by the
officia1.s of the Municipality and/or citizens who find
strayed animals within the Municipality and provide the
animals with food, shelter, water and humane care.
2. The Humane Society agrees to pick up and transport
stray animals from the Municipality animal holding
facility to the Society's shelter when notified to do so
by the Municipality. Animals will be transported during
the Society's normal operating hours which are 9 a.m. to
5 p.m., Monday through Saturday, and Sunday from 1 to 5 p.m.
A charge of Twenty Cents (.20) per mile and Six Dollars
($6.00) per trip will be assessed in addition to normal
boarding charges as explained in item H4 of this agreement
for this service.
3. For the purpose of this agreement a day shall be
defined as and mean the care of one animal for twenty-
four hours, providing for said animal, sheiter, food
water and humane care.
4. The Municipality shall pay the Humane Society the
sum of 84.00 per day for each and every animal delivered
to the Humane Society from the Municipality. In the
event that the animal is not redeemed by the owner, the
Municipality shall be liable only for the care of said
animal for the period of seven days or for the sum of
$28.00, and in the event an animal is kept longer than
that period of time, it shall be at the expense and cost
of the Humane Society. EXCEPT/BITE CASE ANIMALS; which
will be quarantined for ten days in accordance with
the Waukesha County Department of Health.
5. In the event that the animal is redeemed by the
owner, said owner shall present to the Humane Society
proper receipt from the Municipality for the payment of
a 83.50 handling charge plus boarding charges in connection
with said redemption prior to the release of said animal
by the Humane Society.
6. The Humane Society shall keep good and accurate
records which shall be open and available to inspection
by the Municipality through its employees and agents at
all reasonable times, and the Humane Society shall as
soon as practicable after the end of each month during
the life of this contract, or extensions or renewals
thereof, submit an itemized statement to the Municipality,
and the Municipality agrees to remit within ten days, unless
the Municipality questions the correctness of the statement,
and in the event the parties agree to expeditiously as
possible, resolve the controversy with a view toward
prompt payment and without undue delay.
7. The Humane Society agrees to comply with all the
rules, regulations and Statutes of the State of Wisconsin,
and the municipal codes of the Municipality as those
statutes, rules, regulations and provisions of the code
pertain to the keeping of animals.
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8. In the event the Humane Society becomes insolvent,
files a petition of bankruptcy, makes an assignment for
the benefit of creditors, or a petition of involuntry
bankruptcy is filed against said corporation, then and
in that event this contract shall become null and void
at the option of the Municipality.
9. This agreement shall be effective for a period
of one year commencing on April 1, 1985 .
Crrq OF I??USKEGO A MUNICIPAL CORPORATION
<-. CORPORATE -
SEAL
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BY
/
HUMANE ANIMAL WELFARE SOCIETY
OF WAUKESHA. COUNTY, INC.
BY
Presiaent
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RESOLUTION 1/77-85
AUTHORIZING EXECUTION OF ASSIGNMENT OF FRANCHISE
AS COLLATERAL SECURITY
(Ingersoll Cable Corporation) I
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Welfare Committe, does
hereby authorize the Mayor and Clerk to. execute an "Assignment
of Franchises as Collateral Security'' to enable Ingersoll Cable
Corporation to obtain a loan from He,ller-Oak Communications
Finance Corporation, subject to app,roval of the City Attorney.
DATED THIS DAY OF / , 1985.
/" FINANCE COMMITTEE
/ Ald. Edwin Pdumke
/ pJmlJ4
Ald. Mitchel Penovich
Ald. Ralph Tomczyk
ATTEST :
City Clerk
4/85
jm ,'
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ASSIGNMENT OF FRANCHISES AS COLLATERAL SECURITY
For good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, INGBRSOLL CABLE CORPORATION. with its principal place of
business at South 74 West 17000 Janesville Road, Muskego. Wisconsin 53150
("Borrower") in order to induce EELLEU-OAR COMMUNICATIONS FINANCE
COW.. a Delaware corporation with its principal place of business at 105 West
the sum of Three Million Five Hundred Thousand ($3,500,000.00) Dollars,
Adams Street, Chicago, Illinois 60603 (the "Lender") to loan to Borrower up to
sundry other instruments, documents and agreements related to the foregoing
pursuant to that certain Loan Agreement between Borrower and Lender and
(all such agreements hereinafter collectively referred to as the "Agreement"), and
as additional security for the payment of all indebtedness and the obligations
incurred and to be incurred by Borrower pursuant to the Agreement, hereby
assigns, upon the following terms and conditions, all of its right, title and assigns, transfers, sets over and conveys unto Lender, its successors and
interest existing in. under or by virtue of those certain fraxchises, licenses
andlor contracts issued andlor granted by the City of Muskego, Wisconsin to
Borrower. copies of which are attached hereto as Exhibit "A" (hereinafter
referred to as the "Franchise"):
1.
of the Franchises existing or presently in effect for the operation of the cable TV
Borrower represents, covenants and agrees that true and correct copies
system acquired by Borrower and located and operated in City of Muskego,
Wisconsin.
2.
pursuant to and in confirmation of the terms and conditions of the Agreement and
This Assignment of Franchises As Collateral Security is delivered
as additional collateral security for the performance of the obligations of
Borrower under the terms and conditions contained therein.
3. Neither this Assignment nor any action or actions on the part of the Lender
hereunder shall constitute an assumption by Lender of any obligations under the
and agrees to indemnify and hold Lender free and harmless from and against any
Franchises and Borrower shall continue to be liable for all obligations thereunder
any failure of Borrower to perform the obligations under the Franchises.
loss, liability or expense (including reasonable attorneys' fees) resulting frm
4. In the event of a default by Borrower under the Agreement, Lender shall
have the right, at any time (but shall have no obligation) to take, in its name or in
the name of Borrower or otherwise, such actions as Lender may, at any time or
from time to time. deem necessary to operate the cable TV system pursuant to the
Franchises and to cure any default of Borrower thereunder. Lender shall incur
no liability to Borrower if any action taken by Lender in good faith pursuant to
invalid.
the foregoing sentence shall prove to be. in whole or in part, inadequate or
5.
default received by Borrower from any of the municipalities named in the
Borrower shall immediately forward to Lender copies of any notice of
Franchises.
6. If Lender shall elect to exercise its rights hereunder, any municipality
issuing any Franchises shall have a right to rely upon Lender's written statement
of Lender'e right to perform under the Franchises (subject to the terms thereof)
and Borrower hereby irrevocably authorizes such municipalities to accept such
performance by Lender either in Borrower's name or in Lender's name without
the necessity or obligation of the municipality to ascertain the existence of any
default by Borrower under the Agreement.
I. Notices that may or are required to be delivered hereunder, shall be
sufficient if in writing and sent to the addresses designated above, or such other
address as Borrower and Lender may designate in writing by notices similarly
sent.
8.
the Franchises, without the prior written consent of Lender.
Hereafter, Borrower shall not assign, transfer or convey its interests in
9. This Assignment shall be construed according to the laws of the State of
any law of the State of Illinois or otherwise judicially determined to be unenforce-
Illinois and if any of its provisions are judicially determined to be in conflict with
able for any reason whatsoever, such provision shall be deemed.nul1 and void to
the extent of such unenforceability but shall be deemed separable fran and shall
not invalidate any other provision of this Assignment.
benefit of and be binding upon the parties hereto, their legal representatives,
10. The terms. covenants and conditions contained herein shall inure to the
successors and assigns.
Executed at Chicago, Illinois this // day of March.1985
INGBBSOLL CABLE CORPORATION
(Borrower)
The undersigned Grantor of the above-described Franchise does hereby
Secureity.
acknowledge and consent to the foregdng Assignment of Franchise a8 Collateral
Dated: * 19-
President
Attest:
Clerk
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