CCR1992039COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #39-92
CONSENT TO THE ASSIGNMENT OF
FROM WARNER CABLE COMMUNICATIONS INC.
CABLE TELEVISION FRANCHISE
TO TIME WARNER ENTERTAINMENT COMPANY, L.P.
WHEREAS, Warner Cable communications Inc. wishes to assign to
Time Warner Entertainment Company, L.P. the franchise granted
under City of Muskego Ordinance #388 adopted November 10, 1981
dated October 11, 1983 and any amendment thereto; and
and any amendment thereto and the Cable Television Franchise
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.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Public Welfare
Committee, does hereby consent to the assignment of said
wholly-owned subsidiary thereof if the municipality is so
franchise to Time Warner Entertainment Company, L.P. or any
notified in writing (provided that in any case Time Warner
Entertainment Company, L.P. shall remain liable for all
obligations under the franchise) upon acceptance of the
franchise by Time Warner Entertainment Company, L.P.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the appropriate documents as to said consent, but if:
writing its continuing obligations under the franchise by
(i) Warner Cable Communications Inc. has not acknowledged in
delivering an acknowledgement to the City in the attached form
before March 15, 1992; or (ii) Time Warner Entertainment
Company, L.P. has not accepted the franchise in writing and
delivered such acceptance to the City in the attached form
before March 15, 1992; or (iii) if Time Warner Entertainment
Company, L.P. has not delivered all bonds and/or other security
required by the franchise to the City before March 15, 1992; or
(iv) if Time Warner Entertainment Company, L.P. has not made
payment in full of all expenses incurred by the City due to the
deemed to have consented to this assignment without future
transfer including attorney fees; then the City shall not be
action by the Common Council.
Resolution #39-92 Page 2
BE IT FURTHER RESOLVED that Time Warner Entertainment Company
L.P. and Warner Cable Communications Inc. shall be required
within ten (10) days of the transfer to notify the municipality
in writing of the date of said transfer.
DATED THIS llTH DAY OF FEBRUARY , 1992.
SPONSORED BY:
PUBLIC WELFARE COMMITTEE
Ald. Patrick A. Patterson
Ald. William T. Simmons
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #39-92 which was adopted by the Common Council of the - . City of Muskego.
2/92cac
AFFIDAVIT OF ACCEPTANCE OF CABLE TV
ORDINANCES AND OTHER RESPONSIBILITIES
does hereby accept the terms, conditions and provisions specified in
This is to certify that Time Warner Entertainment Company, L.P.
City of Muskego Ordinance #388 adopted November 10, 1983 and any
amendment thereto and the Cable Television Franchise dated October 11,
1983 and any amendment thereto and hereby agrees to abide by, to
observe and perform the same subject to State and Federal Law.
following conditions, terms and responsibilities:
Time Warner Entertainment Company, L.P. also accepts the
1. That the term of the franchise shall end on the 10th day of
November, 1996; and
2. That Time Warner Entertainment Company, L.P. shall
immediately pay any and all fees and expenses incurred by
the City due to the transfer including, but not limited to,
L.P. has been billed for such fees and expenses by
attorney fees, provided Time Warner Entertainment Company,
April 15
required by the franchise and/or ordinance or amendments
, 1992 and submit any bonds or other security
thereto; and
3. That by this acceptance, Time Warner Entertainment Company,
Communications Inc. subject to state and federal law
L.P. accepts all of the responsibilities of Warner Cable
including the following:
A. The Community Access Rules dated the 27th day of March,
part hereof.
1990, a copy of which are attached hereto and made a
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, Time Warner Entertainment Company,
L.P. agrees to the following:
A. All cable installations ("drops") shall be buried to a
depth acceptable to the City within 30 days of the
all "drops" that are unburied at this time.
original installation, weather permitting, including
B. Time Warner Entertainment Company, L.P. shall provide
written notice to the City of Muskego at least 45 days
prior to any rate and/or service changes, and upon
Time Warner Entertainment Company, L.P. will appear
request of the City, an authorized representative of
before the Welfare Committee.
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OF CONTINUING RESPONSIBILITIES
AFFIDAVIT OF ACKNOWLEDGEMENT
hereby acknowledge that its assignment of the cable television
franchise in the City of Muskego does not release in any manner any
responsibilities of Warner Cable Communications Inc. to the City of
Muskego.
This is to certify that Warner Cable Communications Inc. does
Dated this day of , 1992.
WARNER CABLE COMMUNICATIONS, INC.
By :
President
By :
Secretary
STATE OF WISCONSIN )
COUNTY OF 1 ) ss.
Personally came before me this __ day ,of , 1992, the
above named
as Secretarv. of Warner Cable Communications Inc. to me known to be
, as President, and I
the persons-who executed the foregoing instrument and acknowledged the
same.
NOTARY PUBLIC, STATE OF WISCONSIN
My commission expires:
THIS INSTRUMENT WAS DRAFTED BY:
ARENZ, MOLTER, MACY & RIFFLE, S.C.
Attorney Donald S. Molter, Jr.
Post Office Box 1348
Waukesha, Wisconsin 53187-1348
COMMUNITY ACCESS
Revised March 5, 1990 e
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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 Muskego 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
Certain rules and procedures must be established in order to
Co., which will be for the use of all members of the community.
insure and protect the Community's privileged use of the
Milwaukee and the equipment.
equipment while protecting the rights of Warner Cable Co. of
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
Community channel serving the City of Muskego.
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Advertising material designed to promote the sale of
commercial products or services including advertising by or
on behalf of legally qualified candidates is prohibited.
No program, production or presentation shall be cablecast
on a community channel which directly or indirectly
involves any lottery.
No program or presentation shall be cablecast or
permitted to be cablecast on the community channel which
contains any obscene or indecent material. All cablecast
must be in accordance with current FCC rules and
regulations.
All disputes arising over the allocation of programming
time shall be resolved by Warner Cable Co. of Milwaukee.
The Community channel shall be available for noncommercial
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 an
support by acknowledging the following: "THIS PROGRAM WAS
individual, business, or organization shall credit that
MADE POSSIBLE THROUGH FUNDING PROVIDED BY
The "Consent Release Claim" 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 will 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 videotape will be returned to the owner.
AGREENEXT SETWEEN INGERSOLL CABLE
CORPOUTION AND CITY OF MUSKEGO
(As Amended)
WHEREAS, pursuant tokthe Cable T.V. ordinance acc.epted by
Ingersoll Cable Corporation, hereinafter referred to as
"Ingersoll", Ingersoll is to place an earth station dish and a
building to house head-in electronic equipment on certain
bityll.
roperty owned by the City of Huskego, hereinafter referred to as
NOW, THEREFORE, it is agreed as follows:
Description of property where building and dish shall be
located: See attached Exhibit "A".
Description of building 2nd dish: See attached Exhibit "3".
,2ccupancy Date: Yzrzh 1, 1985
Land Renz: $590.09 2er ;lesr, payable in advance on the
occu~znc:~ an? ::?e szne day of ezc;? 51lo~i:g year.
1. TEX-I: The Citll 'lereby grants to Ingersoll the right to
have such building and orooerty located on the land ovried by the
City from the date of 3arc.i 1, 1985 until fifceen (15) years from
the date oE granting of th.e franchise or the ternination of
Ingersoll's C2ble T.V. franchise, whichever comes first. That
Ingersoll s risht ta malnrain such building and proper:;^ shall
always be at Ingerssll's e:<?ense and subject to all a??licabls
governmental laws, ordinances, rales, etc. That said building
and Fropercy shall be inaintained at the sole ex?ense of
Ingersoll. The City and Ingersoll agree that if the Cable T.V.
franchise is terninated, or at the end of the leasehold period,
sihichever coces first, Insersoll shall leave the building on the
site if reqaested to do so by the City at no cost to the City.
2. PAYHZIT OF REST: Checks for payment of rent shall be
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made out to the City of Huskego.
3. UTILITIES & T-LYZS: Ingersoll shall pay far water/sewer,
gas (including gas heac) and electricity and any other utility
and any taxes xhich are a resalt of the'building, its contents,
or the dish.
L. UZXTEYA'iCC & IIE?$IR: Ingersoll shall make all
necessary incldental re?alrs ta the prenrises, and maintain the
prenises in gsod condirion. Insersoll snall nake all repairs.
adJacent areas in good condition. Insersoll shall naintain t5.e extsrior of the building and