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CCR1990063COMMON COUNCIL - CITY OF MUSKEG0 AMENDED RESOLUTION #63-90 CONSENT TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM INGERSOLL INDUSTRIES. INC. TO WARNER CABLE COMMUNICATIONS, INC. WHEREAS, Ingersoll Industries, Inc. wishes to assign Warner Cable Communications Inc. the franchise granted under City of Muskego Ordinance a388 adopted November 10, 1981 and any amendment thereto and the Cable Television Franchise dated October 11, 1983 and any amendment thereto between the City of Muskego and Ingersoll Cable Corporation; and WHEREAS, the consent of the City of Muskego is necessary to such an assignment; and WHEREAS, a public hearing has been held pursuant to said Ordinance; and WHEREAS, the Public Welfare Committee has reviewed this request and has recommended approval. THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby consent to the assignment of said franchise to Warner Cable Communications Inc. or any wholly-owned subsidiary thereof if the municipality is so notified in writing remain liable for all obligations under the franchise) upon (provided that in any case Warner Cable Communications Inc. shall acceptance of the franchise by Warner Cable Communications Znc. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to sign the appropriate documents as to said consent, but if: (i) Ingersoll Industries, Inc. has not acknowledged in writing its continuing obligations under the franchise by delivering an acknowledgement to the City in the attached form before July 1, 1990; or (ii) Warner Cable Communications Inc. has not accepted City in the attached form before July 1, 1990; or (iii) if Warner the franchise in writing and delivered such acceptance to the Cable Communications Inc. has not delivered all bonds and/or other security required by the franchise to the City before July payment in full of all expenses incurred by the City due to the 1, 1990; or (iv) if Warner Cable Communications Inc. has not made Communications Inc. has been billed for such expenses and fees transfer including attorney fees, provided Warner Cable within sixty (60) days of providing notice to the municipality of the date of such transfer; then the City shall not be deemed to have consented to this assignment without future action by the Common Council. Resolu Page 2 tion #63-90, as amended BE IT FURTHER RESOLVED that the Common Council of the City of Muskego does not know of any default by Ingersoll Industries, Inc. under the franchise (except as follows: unburied drops, pertaining to the franchise, head-end lease payment, unpaid franchise fee payments, unpaid attorney fees and other expenses personal property and real estate taxes, plus any interest and penalties. For the purposes of this resolution, the Common Council of the City of Muskego shall be deemed to know of a default if, but only if, such default is actually known to any member of the Common Council present at a meeting of the Common Council at which these resolutions have been adopted. BE IT FURTHER RESOLVED that, based upon a review of the City records by the City Clerk, the Common Council of the City of Muskego does not know of any instrument or agreement governing the franchise and the obligations of Ingersoll Industries, Inc. with respect thereto except those items stated in Paragraphs 3 and 4 of the Affidavit of Acceptance of Cable TV Ordinances and Other Responsibilities. BE IT FURTHER RESOLVED if the above listing is determined at a later date to be incomplete, the City shall notify the Grantee. The Grantee and City shall negotiate in good faith a resolution of any such dispute. BE IT FURTHER RESOLVED that Warner Cable Communications Inc. and of the transfer to notify the municipality in writing of the date Ingersoll Industries, Inc. shall be required within ten (10) days of said transfer. DATED THIS 27th DAY OF March , 1990. PUBLIC WELFARE COMMITTEE Ald. Patrick A. Patterson Ald. William T. Simmons Ald. Edwin P. Dumke ATTEST : 3/90 City Clerk ORDINANCES AND OTHER RESPONSIBILITIES AFFIDAVIT OF ACCEPTANCE OF CABLE TV This is to certify that Warner Cable Communiations Inc. does hereby accept the terms, conditions and provisions specified in City of Nuskego Ordinance #388 adopted November 10, 1981 and any amendment thereto and the Cable Television Franchise dated October 11, 1983 and any amendment thereto between the City of Muskego and Ingersoll Cable Corporation and hereby agrees to abide by, to observe and perform same subject to state and federal law. Warner Cable Communications Inc. also accepts the following conditions, terms and responsibilities: 1. That the term of the franchise shall end on the 10th day of November, 1996; and 2. That Warner Cable Communications Inc. shall immediately pay any and all fees and expenses incurred by the City due to the transfer including, but not limited to, has been billed for such fees and expenses within 60 attorney fees, provided Warner Cable Communications Inc. days providing notice to the municipality of the date of such transfer and submit any bonds or other security required by the franchise and/or ordinance or amendment thereto; and 3. That by this acceptance, IJarner Cable Communications Inc. accepts all of the responsibilities of Ingersoll Industries, Inc. with respect to the subject franchise, subject to state and federal law including the following: A. The Community Access Rules dated the 21th day of March, 1990, a copy of which are attached hereto and made a part hereof. B. The Agreement between Ingersoll Cable Corporation dated March 12, 1985, a copy of which is attached (Ingersoll Industries, Inc.) and the City of Muskego hereto and made a part hereof, by which the City of Muskego granted to Ingersoll Industries, Inc. the right to locate a building and earth station dish on City property. 4. As part of the franchise, Warner Cable Communications Inc. agrees to the following: A. All cable installations ("drops") shall be buried to a depth acceptable to the City within 30 days of the original installation, weather permitting, including all "drops" that are unburied at this time. B. C. DATED THIS An authorized representative of Warner Cable Communications Inc. shall appear before the City of Muskego Welfare Committee at least 45 days prior to any rate and/or service changes, and upon request of the City an authorized representative of Warner Welfare Committee. Cable Communications Inc. will appear before the When any new subdivision has any occupancy permits issued prior to May 1st in any calendar year, then cable service shall be available to the homes in said subdivision on or before October 31st of the year. 27th DAY OF March 1990. WARNER CABLE COMMUNICATIONS, INC. By : President By : Secretary a STATE OF WISCONSIN) COUNTY OF ) ss. ) Personally came before me this day of 1990, the above named Communications Inc. to me known to be the persons who executed , as Secretary, of Warner Cable , as President, and the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My Commission: THIS INSTRUMENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY h RIFFLE, S.C. Post Office Box 1348 Waukesha, Wisconsin 53187-1348 AFFIDAVIT OF ACKNOWLEDGEMENT OF CONTINUING RESPONSIBILITIES hereby acknowledge that its assignment of the cable television franchise in the City of Muskego does not release in any manner any responsibilities of Ingersoll Industries, Inc. to the City of Muskego. This is to certify that Ingersoll Industries, Inc. does Dated this day of , 1990. INGERSOLL INDUSTRIES, INC. By: John S. Ingersoll, Jr., Chairman By: S. Reid Inaersoll. President STATE OF WISCONSIN ) COUNTY OF MILWAUKEE ) a ~~~ ~. ~"~~" )ss. Personally came before me this day of 1990, the above named John S. Ingersoll, Jr., as Chairman, and S. Reid Ingersoll, as President, of Ingersoll Industries, Inc., to me known to be the persons who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission: THIS INSTRUMENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY & RIFFLE, S.C. Waukesha, Wisconsin 53187-1348 Post Office Box 1348 Revised: March 5, 1990 COElElUNITY ACCESS Community Access exists for the benefit of the Community. It is Warner Cable Co. of Milwaukee's wish to continue to offer to the residents of Nuskego an electronic medium of communications. Warner Cable Co. of Milwaukee will continue the practice for the use of the cable equipment, previously owned by Ingersoll Cable Co., which will be for the use of all members of the community. Certain rules and procedures must be established in order to insure and protect the Community's privileged use of the equipment while we protect the rights of Warner Cable Co. of Milwaukee and the equipment. It is with this intent that the following rules have been established: COMMUNITY ACCESS RULES The rules established govern the availability and use of the Cornmunity channel, serving the City of Muskego. 1. 2. 3. 4. 5. 6. 7. Advertising material designed to promote the sale of on behalf of legally qualified candidates is prohibited. commercial products or services including advertising by or No program, production or presentation shall be cablecast on a community channel which involves directly or in- directly any lottery. No program or presentation shall be cablecast or permitted to be cablecast on the community channel which contains any obscene OK indecent material. All cablecast must be in accordance with current FCC rules and regulations. All disputes arising over the allocation of programming tine shall be resolved by Warner Cable Co. of Nilwaukee. The Community channel shall be available for non-commercial USE on a non-charge, non-discriminatory, first come basis. The Community Access User shall bear sole responsibility for the content of all programs, live or taped. Any access program funded, sponsored or underwritten by any individual. business. or organization shall credit that support by'acknowledging the following: "THIS PKOGRAM WAS MADE POSSIBLE THROUGH FUNDING PROVIDED BY 9, COMMUNITY ACCESS RULES - Page 2 8. The "Consent Release Cliim" signed by the access user allows Warner Cable Co. of Milwaukee permission to use any program produced by the access user on the Warner Cable Co. of Milwaukee system without any further clearances. Warner Cable Co. of Milwaukee -<ill not sell or commercially distribute a producer's work without additional permission granted from the producer. At the end of a 30 day period, the video tape will be r*turned to the owner. 9. All tapes submitted by iccess users will be reviewed for technical quality. Tapcs played must be able to deliver a clear, unbroken signal LO subscribers. 10. Failure to comply with the rules set forth may subject the access user to forfeiture of the right to use the Community Access channel. Should an individual feel their forfeiture was improper, they may ilpeal said decision to the Public Welfare Committee. Should the Public Welfare Committee feel that the suspension of an individual's rights were will remain. If the PuZlic Welfare Committee feels the based upon property docu2ented violation, the suspension overturn of the suspension by the Public Welfare Committee suspension of rights were not properly documented, than any stands final. 11. The rules established 2r2 provided as an overview. Should either the City of I4uskcso or Warner Cable Co. of Milwaukee feel that these rules shwld be changed, it shall be the responsibility of both tie Public Welfare Committee and Warner Cable Co. of Xil$;zukee, to mutually agree upon any changcs to the Community Access Rules. If the Public Velfare Committee and 1,:zrner Cable Co. of Milwaukee cannot mutually agree, there i;o.uld be no change in the rules. ACREEYE:U BET'JEEY INCERSOLL CABLE CORP3hATION AND CITY OF HUSKEG3 (As X3ended) WEREG. pursuant t&.'the Cable T.V. ordinance accepted by Ingersall Cable Corporation, hereina€ter referred to as "lngersoll", Ingersoll is to place an earth stacion dish and a building to house head-in electronic equipment on cer:ain p'city~~. roperty owned by the City of Nuskego, hereinatter referred to as ". - SCG, .-.:REFORE, it is agreed as follovs: 3escrl-rion of p::?ert;~ v5,e-e building an? dis5 s?al: be 1cci:ei. See attached Exhibit "A". ? Lescrl;:icn of t-rl2ing and dish: See a:rache: Ex::::t . .. . "9". L, c C' __ ? ~ 2-z;) 9a:e *.'- c~c-, ,, 1455 La-,: ..e - t ji.):...:': per , --..= ra..-51e In zt.~ar,cs c: :-.e ., .- >c:-;a:cy care z:? [".e saye 22;~ of e;c'- fal::.-,:-z VEZ.T. -, 1. --- ' - . " . .he CIrr :7ereby g:ants to Ingers311 c-.c rlglt t~ "ave s-ch >-:12ing ar.? ?r~?erty located on ['-.e !an6 c-.:E? 5, the Cit.4 5:s" ti* dare of *<arc5 1, 1965 until fifcee2 (15: years frcm ck,e date cl grar.ting cl tie franchise or the terIinz:l=c of :ngersDli s r:g-~r to cain such builting an? ?r'>iers:J s'.a!! al;.a:Js Se 2: In$erssl!'s ex?ense and scbject ts all a;?iicahle g3vern=erbtal la.-.s, or?-nances, rules, etc. - ,ha: sai2'bullcing and prc~er::; s',all be taintat.ned at tie sole ex2ense cf I3gerssll. The City a-2 Ingersoll agree cha: if the Cable T.V. franciise t. ter>ina:e2, or at the en2 of c5e !easehc:2 perioc', ;.biche*:er cc=es first, Ingerssll shall leave t'.e bclliing cn the site if re;:es:ed to 20 so by the City at no cost to t'c8e City. 2. S.L..CVr:;'I OF RE:;:: C!-.ecks for payzsnt of re-t s',e:! he f rngersoll's Cable T.V. franchise, whichever czces firs:. iha: .I .. cade cut tz tLae City cf Xaskegc. 3. LT:LITIES h T.A-YSS: Ingersoll shall ?ay for saater,s~'-'er, I gas (inclutlng gas hea:) and electrlcity and any other utility and any taxes vhich are a result of the building, its cop.tents. or the dish. !I. K~.IS7'E?IANCE b REPAIR: Ingersoll shall make a11 recessary i~ci?ental re:airs to the prrsfses, a32 main:ain the pre3ises ir. g3od cond-ciqn. Ingersoll shall make all rejairs. Ingersoll sLall nalntaln the exterior of the bcildlng and 0 adjacent areis in goo? condition. -2- agree=ent, it being the position of the par:ies to said agreezent chat no such consent is necessary. I By : President By : Secretary RESOLUTION # 63 -90 CONSENT TO THE ASSIGNMENT OF CABLE TELEVISION FRANCHISE FROM INGERSOLL INDUSTRIES, INC. TO WARNER CABLE COMMUNICATIONS INC. WHEREAS, Ingersoll Industries, Inc. wishes to assign to Warner Cable Communications Inc. the franchise granted under City of Muskego Ordinance #388 adopted 11/10 , 19s and any amendment thereto and the Cable Television Franchise dated 10/11 , 19a and any amendme Ingersoll Cable Corporation: and WHEREAS, the consent ssary to such an assignment: and WHEREAS, a public he Ordinance: and WHEREAS, the Public and has recommended approval. THEREFORE, BE IT RES Muskego does hereby to Warner Cable Corn subsidiary thereof (provided that in a remain liable for a acceptance of the f BE IT FUKPHER RES0 sign the appropria continuing obligat Ingersoll Industri acknowledgement to the franchise in 1990: or (ii) War City in the attac Cable Communications Inc. has not .delivered all bonds and/or other security required by the franchise to the City before July 1, 1990: or (iv) if Warner Cable Communications Inc. has not made payment in full of all expenses incurred by the City due to the transfer including attorney fees, provided Warner Cable Communications Inc. has been billed for such expenses and fees within sixty (60) days of providing notice to the municipality of the date of such transfer: then the City shall not be deemed to have consented to this assignment without future action by the Common Council. .- AFFIDAVIT OF ACCEFTANCE OF CABLE TV ORDINANCES AND OTHER RESPONSIBILITIES ...i This is to certify that Warner Cable Communications Inc. does hereby accept the terms, conditions and provisions specified in City of Muskego Ordinance #388 adopted 11/10 , 1981 and any amendment thereto and the Cable Television Franchise3ated Muskego and IngFsoll Cable Corporation and hereby agrees to abide by, to observe and perform same subject to state and federal law. I 10/11~ , 1983 and any amendment thereto between the City of conditions, terms and responsibilities: Warner Cable Communications Inc. also accepts the following 1. 2. 3. 4. That the term of the franchise shall end on the 10th day of November , 19 96 : and That Warner Cable Communications Inc. shall immediately pay any and all fees and expenses incurred by the City due to the transfer including, but not limited to, attorney fees, provided Warner Cable Communications Inc. has been billed for such fees and expenses within 60 eays providing notice to the municipality of the date of such transfer and submit any bonds or other seclrity required by the franchise and/or ordinance or amer.dments thereto: and That by this acceptance, Warner Cable Communications Inc. accepts all of the responsibilities of Ingersoll subject to state and federal law including, but not Industries, Inc. with respect to the subject franchise, liliited to the following: A. The Community Access Rules dated the 27th day of - March , 1990, a copy of which are attached hereto and made a part hereof. B. The Agreement between Ingersoll Cable Corporation Yuskego dated March 12, 1985, a copy of which is (Ingersoll Industries, Inc.) and the City of attached hereto and made a part hereof, by which the City of Muskego granted to Ingersoll Industries, Inc. the right to locate a building and earth station dish on City property. As part of the franchise, Warner Cable Communications inc. agrees to the following: A. All cable installations ("drops") shall be buried to a depth acceptable to the City within 30 days of the a a e B. C. original installation, weather permitting, including all "drops" that are unburied at this time. An authorized representative of Warner Cable Muskego Welfare Committee at least 30 days prior to Communications Inc. shall appear before the City of any rate and/or service changes. When any new subdivision has any occupancy permits cable service shall be available to the homes in issued prior to May 1st in any calendar year, then said subdivision on or before September 1st of the year. Dated this day of , 1990. WARNER CABLE COMMUNICATIONS INC. By: President By: STATE OF WISCONSIN ) Secretary )ss. COUNTY OF 1 Personally came before me this day of 1990, the above named Communications Inc. to me known to be the persons who executed the foregoin; instrument and acknowledged the same. , as President, and , as Secretary, of Warner Cable NOTARY PUBLIC, STATE OF WI My commission: THIS INSTRUMENT WAS DRAFTED BY: ARENZ, MOLTER, MACY 6 RIFFLE, S.C. Attorney Donald S. Molter, Jr. Post Office Box 1348 Waukesha, Wisconsin 53187-1348 -2- ! Revised: March 5, 1990 C0Pi:IUNITY ACCESS Warner Cable Co. of Milwaukee's wish to continue to offer to the Community Access exists for the benefit of the Community. It is Earner Cable Co. of Milwaukee will continae the practice for the residents of Muskego an electronic mcdium of communications. USE of the cable equipment, previously owned by Ingersoll Cable Co., which will be for the use of all members of the community. Certain rules and procedures must be established in order to insure and protect the Community's privileged use of the equipment xhile we protect the rights of Warner Cable Co. of !.:ilwaukee 2nd the equipment. It is with this intent that the following rules have been established: COEi:.1Uh'ITY ACCESS RULES The rules established govern the availability and use of the ComvJnity channel, serving the City of i.luskego. 1. 2. 3. 4. 5. 6. 7. Advertising material designed to promote the sale of co~-.ercial products or services including advertising by or on behalf of legally qualified candidates is prohibited. No Frogra-, production or presentation shall be cablecast on E comssnity channel which involves directly or in- directly any lottery. No progra-, or presentation shall be ciblecast or permitted to he cablecast on the community channel which contains any accordznce with current FCC rules and regulations. obscene or indecent material. All cablecast must be in All jisputes arisinr over the allocacion of programmine ti-nc shall be resolvcd by IJarner Cabie Co. of Xilvaukee. The Community channel shall be available for non-conmercial use on a non-charge, non-discriminatory, first come basis. Thc Commnity Access User shall bear sole responsibility for the content of all programs, live or taped. Any access progran funded. sponsored or underwritten by any individuzl, business, or organization shall credit that sapport by acknowledging the folloding: "THlS PKOGKAFI W.4S MADE POSSIBLE THROUtiH FUNDlNG PKOVIIJELI BY It XCXEEXENT BETVEEN INGERSOLL cAaLE CORPORITION AND CITY OF IWSKEGO (As Amended) WEREAS, pursuant c6"the Cable T.V. ordinance accepted by Ingersoll", Ingersoll is to place an earth station dish and a ropexy owed by the City of Muskego, hereinafter referred to as Ingersall Cable Corporation, hereinafter referred to as building to house head-in electronic equipment on certain 'city". I, NOW, THEXFORE, it is agreed as follows: Description of property where building and dish shall be located: See attached Exhibit "A". Description of building and dish: See atiached Exnibit "B". Occupancy Date: ;.!arch 1, 1985 Lacd Xenc: Sj09.0c) ?er year, payable in a2vance on the occupanc:r date and the same day of eac?. EolLoving year. have such bgilding and property located on the land ovned by the 1. EX<: The City hereby grants to Ingersoll tSe rLg'nt to Cicy from tSe date of Harch 1, 1985 until fifceen (15) years from Ingersoll's Cable T.V. franchise, whichever cooes first. That the date of granting of the franchise or the terxinacion of al.da:rs be at Ingersoll's ex?ense and subject to all ap?licable Xngersoll's rlghc to maintain such building and ?roper:y shall governmental Lavs, ordinances, rules, etc. That said building and pro?er:y shall be maintained at the sole ex7ense of Iclgersall. The City and Ingersoll agree that if the Cable T.V. whichever comes first. Ingersoll shall leave the building on the franchise is tersinated, or at the end of the leasehold period, site if requested to do so by the Cfty at no cost to rhe City. 2. PAYHXXT OF RENT: Checks for payment of rent shall he made out to the City of Xuskego. 3. UTILITIES h TAXES: Ingersoll shall pay for vacer/sewer, and any taxes which are a result of the'bulldtng, its contents. gas (Lncluding gas heat) and electrfcfty and any other utilfty or the dish. I+. HAIXTEXAVCE & REPAIR: Ingersoll shall make all premises in good condition. Ingersoll shall make all repairs. necessary incidental repairs to the premises, and maintain the Ingersoll shall maintain the exterior of the building and adjacent areas in good condition.