CCR1988251COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION # 251 -88
CONSENT TO THE WSIGlWENT OF CABLE TELEVISIOPT
FRANCHISE PROU IBGERSOU IHDUSTRIES, INC.
TO STAR MID AMERICA LIMITED PARTBERSHIP
WHEREAS, pursuant to C3apter 12.19 of the Municipal Code of the
City of Muskego, Ingersoll Industries, Inc. wishes to assign to
Star Mid America Limited Partnership the franchise granted under
Ordinance #388: and
WHEREAS, the consent of the City of Muskego is necessary to such
an assignment: and
WHEXEAS. a public hearing has been held pursuant to said
Ordinance: and
WHEREAS, the Public Welfare Committee has reviewed this request
and has recommended approval.
TYEZEFORE, BE IT RESOLED that the Common Council of the City of
XGskeqo, upon the rec3smecdation of the Public Welfare Committee,
eoes herejy consent :3 the assiqzsent of said franchise u?on the
teras an? conditions stated in the attached acreenent ap.2
other responsibilities by Star Mid America Limitsd Partnership.
acceptacce of the CATV ordinance including all amendnents and
0 BE IT NXTHER RESOLVE3 that the Mayor and Clerk are authorized to
sign the appropriate docaments as to said consent, but if the
accepted in writing and receivee by the City in the attached form
entire anended ordinance and other responsibilities is not
St:eet Restoration Bond and Franchise Bond recuirsd by the City
within 30 days of the date of the Xesolution tocether with the
and the attached Agreenent properly executed to the City's
satisfaction and payment in full of all expenses incurre2 by the
City due to the transfer including attorney fees, acceptance of
other obligations of Ingersoll Industries, Inc. to the City in the
form attached hereto, by Star Mid America Limited Partnership, the
without future action by the Common Council.
City shall not be deemed to have consented to this assignment
DATED this 22nd day of November , 1988.
PUBLIC WELFARE COMMITTEE
Patrick Patterson
David Taube
Mitchel Penovich
". ..
WHEREAS, the CITY OF MUSKEGO has granted a non-exclusive
Franchise to INGERSOLL INDUSTRIES, INC. and that pursuant to said
Franchise, INGERSOLL INDUSTRIES, INC. has commenced construction
of said cablevision system in accordance with said Franchise with
the CITY OF MUSKEGO; and
WHEREAS, INGERSOLL INDUSTRIES, INC. wishes to transfer said
Franchise to STAR MID AMERICA LIMITED PARTNERSHIP, who has
expressed an interest in completing and operating a cablevision
system for the CITY OF MUSKEGO and STAR MID AMERICA LIMITED
PARTNERSHIP has entered into an agreement with INGERSOLL
INDUSTRIES, INC. on the day of , 1988 (the
"Agreement") for the purchase of any and all right, title and
interest in and to the Franchise presently held by INGERSOLL
INDUSTRIES, INC. with the CITY OF .?lUSKEGO for the duration of the
Franchise term.
IT IS AGREED AS FOLLOWS:
That under the terms and provisions of said Agreement by and
between INGERSOLL INDUSTRIES, INC. and STAR MID AWRICA LIMITED
PARTXERSHIP, upon the transferring of all right, title and
interest in the Franchise for a cablevision system from INGERSOLL
INDUSTRIES, INC. to STAR MID AMERICA LIMITED PARTSERSHIP, said
STAR MID AMERICA LIMITED PARTXERSHIP will be responsible for the
completion of the construction of said cablevision system and the
operation thereof under the terms and conditions of the Franchise
heretofore granted to INGERSOLL INDUSTRIES, INC. by the CITY OF
MUSKEGO and as in any manner amended by the consent to this
assignment and acceptance of the same. This Agreement does not
release in any manner any responsibilities of INGERSOLL
INDUSTRIES, INC. to the CITY OF MLSKEGO.
Dated this day of , 1988.
INGERSOLL INDUSTRIES, INC. STAR MID AMERICA
LIMITED PARTNERSHIP
By: By:
Title: Title: General Partner
" .r ..
..
ORDINANCES AND OTBER RESPONSIBILITIES
AFFIDAVIT OF ACCEPTAECE OF CABLE W
This is to certify that Star Mid America Limited Partnership
does hereby accept the terms, conditions and provisions specified
in Chapter 12.19 of the Municipal Code of the City of Muskego as
created by Ordinance 1388 and as amended and hereby agrees to
abide by, to observe and perform same, and declare that statement
and recitals contained in Chapter 12.19 As Amended are correct and
that it has made and does make this agreement, statement and
admissions in this Chapter recited to have been or to be made.
Star Mid America Limited Partnership accepts the following
conditions, terms and responsibilities:
1. That the term of the franchise shall end on the 2Cth
day Of \JnVpmhpr , 193: and
2. " That Star Mid America Limited Partnership shall
immediately pay any and all fees and expenses incurred by the City
because of this transfer including, but not limited to, attorney
fees, and submit any bonds required by the franchise ordinance:
and
3. That by this acceptance, Star Mid America Limited
Partnership accepts all of the responsibilities as to said
franchise previously agreed to by Ingersoll Industries, Inc. and/
or its predecessors including, but not limited to, the following:
A. The Community Access Rules dated November 13, 1984, a
copy of which are attached hereto and made a part hereof.
B. The Agreement between Ingersoll Cable Corporation
(Ingersoll Industries, Inc.) and the City of Muskego dated March
12, 1985, a copy of which is 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.
4. As part of the franchise, Star Mid America Limited
Partnership agrees to the following:
A. Cable installation shall be completed and cable
service shall be made available to all residents in the City of
Muskego by February 28, 1989.
B. 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.
C. An authorized representative of Star Mid America
Limited Partnership shall appear before the City of Muskego
Welfare Committee at least 30 days prior to any rate and/or
service changes.
D. 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
September 1st of that year.
Dated this day of , 1988.
STAR MID AMERICA
LIHITED PARTNERSHIP
By :
Title: General Partner
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came before me this day of ,
1988, the above named to me known to be
the person who executed the foregoing instrument and acknowledged
the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
THIS INSTRUMENT WAS DWTED BY:
Attorney Donald S. Molter, Jr.
ARESZ, MOLTER, MACY 6t RIFFLE, S.C.
Post Off ice Box 1348
Waukesha, Wisconsin 53187-1348
-2-
.. .. .. '. . .
RESOLUTION 11243-84
APPROVAL OF COMHUNITY ACCESS RULES
(CABLE TV)
WHEREAS, the Cable TV Citizens Committee has established the
use of the Community channel and Community programming
attached Community Access Rules governing the availability and
equtpment of Ingersoll Cable Corporation serving the City of
Muskego, and
WHEREAS, these Rules have been reviewed by the Public Velfare
Committee and they have recommended approval.
THEGFORE BE IT RESOLVED that the Common Council of the City of
Xuskego. upon the recommendatfon of the Public Welfare
Committee, does hereby approve the Community Access Rules
attached hereto and made a part hereof.
DATED THIS /3 DAY OF a, 1984.
- PUBLIC WELFARE COmITTEE
Ald. Ralph Tomczyk
Ald. Eugene Gaetzke
Ald. Daniel J. Hilt
ATTEST :
City Clerk
11 184
Im
COMMJNITY ACCESS
November 13, 1984
Community Access exists for the benefit of the Community. It is
Ingersoll Cable Corporation's vish to create for the residents of
Muskego an electronic medium of communications previously
unavailable to the citizens of the community.
Ingersoll Cable Corporation owns the equipment which will be for
procedures must be established in order to insure and protect the
the use of all members of the community. Certain rules and
Community's privfleged use of the equipment while we protect the
rights of Ingersoll Cable Corporation and the equipment.
Vithout the rules and guidelines, neither the community nor
Ingetsol1 Cable Corporation could control misuse or abuse or
guarantee the use of our equipment on a non-discriminatory basis.
It is vich this intent that the following rules have been
established.
INCEKSOLL CA3LE CORPOUTION
COflCSITY ACCESS RULES
The rules established govern the availability and use of the
connunity chanxl and Comrxnity programming equipment of
Ingersoll Cable Corporation, serving the City of Muskego.
1. e Advertising material designed to 'promote the sale of
on behalf of legally qualifled candidates fs prohibited.
commercial products or services including advertising by or
0
2.
3.
L.
5.
No prograz, production or presentatfon shall be cablecast on
a community channel which involves directly or in-directly
any lottery.
Yo progran or presentation shall be cablecast or perzitted
to be cablecast on the connunity channel which contains any
~5scrn2 or indecent raterfal. All cablecast must be in
acc3rdance vith ciirren: FCC rules and regulation.
All dfsputes arising over the allocation of programing time
shall be resolved by the Ingersoll Cable Corporation within
the following guidelines:
a) First time users have priority over regular users.
b) A previous user wh3 has not been scheduled in prime time
(6pm-l0pm) shall have priority for prime time.
The Community channel and Ingersoll Cable Corporation
broadcasting equipment shall be available for non-comercia1
use on a non-charge. non-dfscrfmfnatory, first come basis.
Video tapes can be purchased from Ingersoll Cable
Corporation at actual purchase price, if requested.
.. .. . : r ..
COMMUNITY ACCESS RULES - Page 2
6.
7.
8.
9.
10.
11.
12.
13.
Community access users shall successfully complete all video
and equipment trafning prior to using Ingersoll equipment.
TraLnlng rules for use of the equipment shall be established
by Ingersoll Cable Corporation in accordance with the general
practices of use of equipment of this type.
Individual's under the age of 18 shall have a parent or
Corporatfon indicatfng the adult takes full responsibility
guardian's signature on file with Ingersoll Cable
for the progran and actions of the minor, as well as for the
equipeent used.
Equipzent cay be reserved no more than one lonth in advance
and no less than tws business days in advance. Equipment
118 hours on *.eekends. If there have been no other requests
can be checked out for a maxinun oE 24 hours on weekdays and
these time Feri9ds can be extended at the discretion of
Ingers311 Cable Corporation. City of Yuskego residents
vauld have fir;t priority on one caxera for 72 hours prior
to use of that equi7nent.
In order to assure equipment availability t3 as many users
as possible, and to protect the rights of all, violations of
coxunity access 7rivCleges:
the followLng nay result in the violator's suspension of
a) Leaving the facility without properly c?ecking out the
b) :Jot returning equip3ent at the agreed upan time.
c) 2eturning the equipment in a condition that indicates
d) Allowing a non-certified individual to use the
equipcent.
negligence, dizage, or abuse.
equipnent.
The individcal signing out the equipnent will be responsible
through abuse or negligence.
for the repair/and or replacenent of any eq*Jipment damaged
At the option of cSe LndividTJal checking out the camera, for
a non-refundab12 fee of $5.00 per day, per caxera, the
individual may prchase a $100.00 deductfble insurance
policy covering daaage not attributed to normal wear and
use. Said policy will be maintained in force by the
Ingersoll Cable Corporation.
All equipment shall be operated in accordance with the
procedures that will be detailed in Ingersoll Cable Cor-
poration workshops and any other guidelfnes set by Ingersoll
Cable Corporation.
The Conaunicy Access User shall bear sole responsibility for
the content of all program, Live or taped.
0 COUMUNITY ACCESS RULES - Page 3
14. Any access program funded, sponsored or underwritten by any
indlvidual, business, or organization shall credit that
support by acknowledghg the following:
"THIS PRW WAS WE POSSIBLE THROUGH NSDING PROVIDED
RY 1'. "
No addresses, slogans, phone numbers or other descriptive
phrases may be used.
15. All prograas produced with Ingersoll Cable equfpment must
credit Ingersoll Cable as follows:
"PROGUCED THROUGH THE COMMLTITY ACCESS ASSISTAVCE OF
INGERSOLL CABLE CORPORATION OF MUSKEGO, UISCOXSIN"
16. The "Consent Release CLain" signed by the access user allows
Ingersoll Cable Corporation permission to xse any program
produced by the access uszr on the Ingerscll Cable system
without any further clearances. Ingersoll Cable Corporation
vithout additional 2eraLssiJn granted fro= the producer. At
will nat sell or connercial1;l distribute a 2roducer's work
the ecd of a 30 day period, the video tape will be returned
to the owner.
17. All capes sabmitted by access users will be reviewed for
technical quality. Tapes piayed must be able to deliver a
clear, unbroken signal t3 subscribers.
18. Failure to conply vith the xles set forth =ay subject the
access user to forfeiture of the right to cse the Community
Access channel and/or access equipment. S'r.xld an
individual fsel their forEeiture was improper, they may
appeal said decfsfon to the Public Welfare Committee.
Should the Tublic Welfare Committee feel that the suspension
of an individual's rights were based upon ?roperly
Public L'elfare Comsittee feels the suspensl3n of rights were
documented violation, the saspensfon will re3ain. If the
by the Public Yelfare Coatzittee stands final.
not properly documented, then any overturn of the suspension
19. The rules established are provfded as an ovsrview. Should
either the City of Xuskego, ar Ingersoll Cajle Corporation
feel that these rules should be changed, it shall be the
responsibility of both the Public Welfare Cormittee and
Ingersoll Cable Corporation, to mutually agrse upon any
changes to the Commnfty Access Rules. If the Public
Welfare Comaittee and Ingersoll Corporatfon cannot mutually
agree, there would be no change in the rules.
..
ACRP,EUE:JT BET'iEEY IXCERSOLL CABLE
COR?3iLiTIOS A.YD CIiY OF IWSKEG~
(As Azended)
Ingersa11 Cable Cor?oration, hereinaEcer referred to as
building to house head-in electronic equipment on cer:ain
P'cityl'.
VItEREXS. pursuant t6"the Cable T.V. ordlnance accepted by
Ingersoll". Kngersoll is to place an earth station dish end a
ropercy owned by the City of Xuskego, herefnafter referred to as
I,
XCG, I:iE3ZFORE, it is agreed as Eollows:
bescrl?tion of pra?er::r &.ere building and dish skall be
located: See atcached Exhibit "A".
Descrl?tion oE bullding ar.2 dLsh: See atzachec Exhibit "B".
aCC'L?d?C:l Dace: '.'ar-i 1, 1'955
La-.t Xe-.c: S5(2'?:1? ?e: ;re._=, ?a:raiLe in st.zanc2 ;n :?e
=c~.~?anc:r da:z ar.l c:le sdze day of ea:? E~lL.;.-.i:z year. -
L. 7EX.f: The Cic:r kere3y grants to Ingprsall t".~ rL2:lc CQ
ha*ze s-c\ building an2 ?:3?er:y located on tie Land c=?ed by the Cic:J zrzz tL.e dace of :!arch 1, 1985 until fiErsen (15: :rears from
SngersoLl's Cable T.V. EranchLse, whichever c3-e~ firs:. That cke lace C; grancing OF cie franchise or che cerz~inz:l=n of
Ln~erssl!'s right eo mlncain such building and ?rc~?er::~ shall
aLva:Js be a: IngersJlL's exyense and subject ta all a??llcable
g3ver3ce~ca1 laGs, ortlzances, r~les, ecc. Thaz said burlding
Ingersal?. The City a?: Ingersai? agree that iE tSe Cable T.V.
and pco?erc:l shall be Zaincained at c:te sole ex-,ense of
franchise is terminated, or ac the end of the leasehcld period,
whichever coces first, Ingezsall sSall leave the burlding on the
sice lf requested to do so by the City at no cosc to t?,e City.
2. T-AYXXT OF RE:?: Checks for payment of rent sSa11 be
0 - - -
made out t3 the City of Xuskego.
3. UTILITIES h TAES: Ingersoll sSall pay for vacer/sewer,
gas (Lncluding gas heac) and eIeccrLcfcy and any ocher utility
or the dish.
and any taxes which are a result oE the'buiLdLng, its contents,
necessary fncidencal re?aLrs to the premises, and maintain the
5. K4IXTENANCE h RZF'AIR: Ingersoll shall make a11
preaises fn good condiciQn. Ingersoll shall make all repairs.
Ingersoll shall maintain ehe exterior of the buildfng and
adjacent areas fn good condition.
-2-
5. IYDE.WIFCCATr0~3:'' Lngersoll duri5g the cera hereof shall
indennify the Cfty against all claiss an2 demands, vhecher for
injuries to persons, loss of life, or da=aze co pro2et:y
occurring within the premises and arising out of the ase and
occ'Jpancy by Lngersoll, expectfng, however. such claims and de=ands. vhether €or injuries to persons, loss or' life, or dazage
co praprrcy caused by aces or omissions of Ingezsall. Noching
rig3.c~ co protrccion under che public I<a5iIicy insurance policy
c3ccained in chis section skall, hovever, detrac: Erza che City's
CJ be paid for by Ingersoll as specified keraof.
6. ISSt'RrtuCE: Ingersoll shall, at izs e-ense, at all
?olic:~ or policies of insurance, vric:en cne or c3rs
t:.=es during the cera of cS<s agreelent =rlncaLn in fsrce a
res?ocsl5Le insurance carriers desLgnaceZ 5.y c:te Ci-zIz, vhich vi11 izsc:+ the Ci:;r agaLns: LL~z;~;:;, f~r i-:..--
?+rscns or 135s or da-ase cs pra?ercy occ;rr;:g in cz a5ouc the
da=Lszr! ?rs=Lses. - &..e i l<a3iliz.z coder see? insaranca s?a?l not
5e less c3an SjO0,OGO Ear ar.y oke perso: >::le? or injG:ee,
SjCI0,OOO fzr any one accident, and S3GO ,gCl: prs?er::~ dazage.
.. . . . -. L_ i t3 or cas:> of
C3NSZN-r
the Xuskeqo Historical Sociecv hereby consents to the above
agreezent, ic being che position of the pareies to said agreement
that no such consent is necessary.
By:
Presidenc
By :
Secretary
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION d 251 -88
CONSENT TO TEE ASSIGNMENT OF CABLE TELEVISION
FmCHISE PROM IAGERSOLL INDUSTRIES, IBC.
TO STAR MID AMERICA LIMITED PARTHERSHIP
WHEREAS, pursuant to Chapter 12.19 of the Municipal Code of the
City of Muskego, Ingersoll Industries, Inc. wishes to assign to
Star Mid America Limited Partnership the franchise granted under
Ordinance #388: and
ssary to such
WHEREAS, a public hearing has been held pur
Ordinance: and
WHEREAS, the Public Welfare Committee reviewed this request
and has recommended approval.
THEREFORE, BE IT RESOLVED that th
attached agreement and
ncluding all amendments and
he Mayor and Clerk are authorized to
accepted in writing a eceived by the City in the attached form
Street Restoratio
and the attached
City due to the
form attach ereto, by Star Mid America Limited Partnership, the
nd other responsibilities is not
be deemed to have consented to this assignment
, 1988.
~ ATTEST:
PUBLIC WELFARE COMMITTEE
Patrick Patterson
David Taube
Mitchel Penovich
Jean K. Marenda, Clerk
AGREEMENT
WHEREAS, the CITY OF MUSKEGO has granted a non-exclusive
Franchise to INGERSOLL INDUSTRIES, INC. and that pursuant to said
Franchise, INGERSOLL INDUSTRIES, INC. has commenced construction
of said cablevision system in accordance with said Franchise with
the CITY OF MUSKEGO: and
WHEREAS, INGERSOLL INDUSTRIES, INC. wishes to transfer said
Franchise to STAR MID AMERICA LIMITED PARTNERSHIP, who has
expressed an interest in completing and operating a cablevision
system for the CITY OF MUSKEGO and STAR MID AMERICA LIMITED
PARTNERSHIP has entered into an agreement with INGERSOLL
INDUSTRIES, INC. on the day of , 1988 (the
“Agreement”) for the purchase of any and all right, title and
interest in and to the Franchise presently held by INGERSOLL
INDUSTRIES, INC. with the CITY OF MUSKEGO for the duration of the .
Franchise term.
IT IS AGREED AS FOLLOWS:
That under the terms and provisions of said Agreement by and
between INGERSOLL INDUSTRIES, INC. and STAR MID AMERICA LIMITED
PARTNERSHIP (a copy of which will be provided to the CITY OF
MUSKEGO), upon the transferring of all right, title and interest
in the Franchise for a cablevision system from INGERSOLL
INDUSTRIES, INC. to STAR MID AMERICA LIMITED PARTNERSHIP. said
STAR MID AMERICA LIMITED PARTNERSHIP will be responsible for the
completion of the construction of said cablevision system and the
operation thereof under the terms and conditions of the Franchise
heretofore granted to INGERSOLL INDUSTRIES, INC. by the CITY OF
MUSKEGO and as in any manner amended by the consent to this
assignment and acceptance of the same. This Agreement does not
release in any manner any responsibilities of INGERSOLL
INDUSTRIES, INC. to the CITY OF HUSKEGO.
Dated this day of , 1988.
INGERSOLL INDUSTRIES, INC.
LIMITED PARTNERSHIP
STAR MID AMERICA
By:
Title:
By:
Title:
ORDINANCES AND OTHER RESPONSIBILITIES
AFFIDAVIT OF ACCEPTANCE OP CABLE TV
This is to certify that Star Mid America Limited Partnership
does hereby accept the terms, conditions and provisions specified
in Chapter 12.19 of the Municipal Code of the City of Muskego as
created by Ordinance #388 and as amended and hereby agrees to
abide by, to observe and perform same, and declare that statement
and recitals contained in Chapter 12.19 As Amended are correct and
that it has made and does make this agreement, statement and
admissions in this Chapter recited to have been or to be made.
Star Mid America Limited Partnership accepts the following
conditions, terms and responsibilities:
1. That the term of the franchise shall end on the 2cth
day Of Novpmbpr , 19 98 : and
2. That Star Mid America Limited Partnership shall
immediately pay any and all fees and expenses incurred by the City
because of this transfer including, but not limited to, attorney
fees, and submit any bonds required by the franchise ordinance;
and
3. That by this acceptance, Star Mid America Limited
Partnership accepts all of the responsibilities as to said
franchise previously agreed to by Ingersoll Industries, Inc. and/
or its predecessors including, but not limited to, the following:
A. The Community Access Rules dated November 13, 1984, a
copy of which are attached hereto and made a part hereof.
B. The Agreement between Ingersoll Cable Corporation
(Ingersoll Industries, Inc.) and the City of Muskego dated March
12, 1985, a copy of which is 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.
4. As part of the franchise, Star Mid America Limited
Partnership agrees to the following:
A. Cable installation shall be completed and cable
service shall be made available to all residents in the City of
Muskego by February 28, 1989.
B. All cable installations ("drops") shall be buried to
a depth acceptable to the City within 14 working days of the
original installation, weather permitting, including all "drops"
that are unburied at this time.
C. An authorized representative of Star Mid America
Limited Partnership shall appear before the City of Muskego
Welfare Committee at least 30 days prior to any rate and/or
service changes.
D. 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
September 1st of that year.
Dated this day of , 1988.
STAR MID AMERICA
LIMITED PARTNERSHIP 0
0
By:
Title: General Partner
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came before me this day of
1988, the above named to me known to be
the person who executed the foregoing instrument and acknowledged
the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY ti RIFFLE, S.C.
Post Office Box 1348
Waukesha, Wisconsin 53187-1348
-2-
RESOLUTION 11243-84
APPROVAL OF COMMUNITY ACCESS RULES
(CABLE TV)
WHEREAS, the Cable TV Citizens Committee has established the
use of the Community channel and Community programming
attached Community Access Rules governing the availability and
equfpment of Ingersoll Cable Corporation serving the City of
Huskego, and
WHEREAS, these Rules have been reviewed by the Public Welfare
Committee and they have recommended approval.
THEREFORE BE IT RESCLVED that the Common Council of the City of
Yuskego, upon the recommendation of the Public Welfare
Committee, does hereby approve the Community Access Rules
attached hereto and made a part hereof.
DATED THIS /? DAY OF lJQc!EfnI',ER , 1984.
PUBLIC WELFARE COMMITTEE
Ald. Ralph Tomczyk
Ald. Eugene Gaetzke
Ald. Daniel J. Hilt
AT'TEST :
City Clerk
11 164
Im
COMMUNITY ACCESS
Community Access exists for the benefit of the Community. It is
Ingersoll Cable Corporation's wish to create for the residents of
Muskego an electronic medium of communications previously
unavailable to the citizens of the community.
November 13, 1984
Ingersoll Cable Corporation owns the equipment wh
the use of all members of the community. Certain
procedures must be established in order to insure
Community's privileged use of the equipment while
rights of Ingersoll Cable Corporation and the equ
ich will be for
rules and
and protect the
we protect the
ipment.
'dithout the rules and guidelines, neither the community nor
Ingersoll Cable Corporation could control misuse or abuse or
guarantee the use of our equipment on a non-discriminatory basis.
It is with this intent that the following rules have been ~. ~~
established. -
INGEKSOLL CABLE CORPORATION
COMMUYITY ACCESS RULES
The rules established govern the availability and use of the
Community channel and Comngnity programming equipment of
1.
Ingersoll Cable Corporation, serving the City of Muskego.
a
2.
3.
$.
5.
Advertising material designed to 'promote the sale of
commerclal 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 involves directly or in-directly
any lottery.
No program or presentation shall be cablecast or peraitted
to be cablecast on the community channel which contains any
obscene or indecent raterial. A11 cablecast must be in
accordance '~ith czrren; FCC rules and reguiation.
All disputes arising over the allocation of programming time
shall be resolved by the Ingersoll Cable Corporation Githin
the following guidelines:
a) First time users have priorfty over regular users.
b) A previous user who has not been scheduled in prime tine
(6pm-l0pm) shall have priority for prime time.
The Community channel and Ingersoll Cable Corporation
broadcasting equipment shall be available for non-comercia1
Video tapes can be purchased from Ingersoll Cable
use on a nsn-charge, non-discrlmfnatory, first come basis.
Corporation at actual purchase price, if requested.
COMMUNITY ACCESS RULES - Page 2
6. Community access users shall successfully complete all video
Training rules for use of the equipment shall be established
and equipment trafning prior to using Ingersoll equipment.
by Ingersoll Cable Corporation in eccordance with the general
practices of use of equipment of this type.
7.
a.
9.
10.
11.
12.
13.
Individual's under the age of 18 shall have a parent or
Corporation indicating the adult takes full responsibility
guardian's signature on file with Ingersoll Cable
for the program and actions of the minor, as well as for the
equipment used.
Equipoent nay be reserved no more than one nonth in advance
and no less than tw3 business days in advance. Equipnent
can be checked out for a maximum of 24 hours on weekdays and
AB hours on s;eekends. If there have been no other requests
Ingersoll Cable Corporation. City of Muskego residents
these time periods can be extended at the discretion of
would have first priority on one caaera for 72 hours prior
to use of that equipnent.
In order to assure equipment availability to as many users
as possible, and to protect the rights of all, violations of
the following nay result in the violator's suspension of
comunity access privileges:
a) Leaving the facility without properly checking out the
b) Not returning equipment at the agreed upon time.
c) Xeturning the equipment ln a condition that indicates
d) Allowing a non-certified individual to use the
equipment.
negligence, damage, or abuse.
equipment.
The individual signing out the equipnent will be responsible
through abuse or negligence.
for the repair/and or replacement of any equipment damaged
At the option of the individual checking out the camera, for
a non-refundable fee of $5.00 per day, per ca~era, the
individual may purchase a $100.00 deductible insurance
policy covering damage not attributed to nornal wear and
use. Said policy will be maintained in force by the
Ingersoll Cable Corporation.
All equlpment shall be operated in accordance with the
procedures that will be detailed in Ingersoll Cable Cor-
Cable Corporation.
poration workshops and any other guldellnes set by Ingersoll
The Community Access User shall bear sole responsibility for
the content of all programs, live or taped.
: . .
i a, COMMUNITY ACCESS RULES - Page 3
14.
15.
16.
17.
18.
19.
Any access program funded, sponsored or underwritten by any
individual. business. or oreanization shall credit that
support-by acknowledging the following:
"THIS PROGRAM WAS HADE POSSIBLE THROUGH FUXDINC PROVIDED
~ ~~ ~ s ~~
BY II
No addresses, slogans, phone numbers or other descriptive
phrases may be used.
All prograas produced with Ingersoll Cable equipment must
credit Ingersoll Cable as follows:
"PROljUCED THROUGH THE COMMLQITY ACCESS ASSISTANCE OF
INGERSOLL CABLE CORPORATION OF MUSKEGO, WISCOXSIN"
The "Consent Release Claim" signed by the access user allows
Ingersoll Cable Corporation permission to use any program
without any further clearances. Ingersoll Cable Corporation
produced by the access user on the Ingersoll Cable system
will not sell or commercially distribute a producer's work
without additional permission granted fro2 the producer. At
the end of a 30 day period, the video tape will be returned
to the owner.
All tapes sabmitted by access users will be reviewed for
technical quality. Tapes played must be able to deliver a
clear, unbroken signal to subscribers.
Failure to comply with the rules set forth nay subject the
Access channel and/or access equipment. Sl-..suld an
access user to forfeiture of the right to use the Community
appeal said decision to the Public Welfare Committee.
individual feel their forEeiture was improper, they may
Should the Tublic Welfare committee feel that the suspension
of an individual's rights were based upon ?roperly
documented violation, the suspension will resain. If the
Public Uelfare Committee feels the suspension of rights were
not properly documented, then any overturn of the suspension
by the Public Velfare Committee stands final.
The rules established are provided as an overview. Should
either the City of Huskego, or Ingersoll Cable Corporation
feel that these rules should be changed, it shall be the
responsibility of both the Public Welfare Cownittee and
Ingersoll Cable Corporation, to mutually agrse upon any
changes to the Community Access Rules. If the Public
Welfare Comaittee and Ingersoll Corporation cannot mutually
agree, there uould be no change in the rules.
AGREE.UE':JT BETWEEY INGERSOLL CABLE
CORPOhlTIOX AND CITY OF MUSKEG0
(As Anended)
WHEREAS, pursuant t'b'the Cable T.V. ordinance accepted by
Ingersoll Cable Corporation, hereinaEter referred to as
building co house head-in electronic equipment on certain
"Ingersoll", Ingersoll is to place an earth station dish and a
'city''.
roperty owned by the City of Muskego, hereinafter referred to as
NO&, THEREFORE, it is agreed as follows:
Description oE property vhere building and dish shall be
located; See actached ExhLbit "A".
Description of bG:lding and dish: See at:achec Exnibit "B".
C)ccu?ancy Date; :.!arch 1, 1985
Land 3ec.t: $jOr).C? per yezr, payable in a2.rance an :he
occu?ancy da:e and the sane day of each fol:c.-.ing year.
1. TZ?.Y: The Cit;r hereby grants to Ingersoll tL.e right to
have s-ch building an? property located on the land c,-.ned by rhe
Cit.4 from tie date of ?!arch 1, 1985 until fifteen (15) years from
the dace of granting of the franchise or t:he terainacljn of
Ingersoll's Cable T.V. franchise, whichever cones first. That
alz.a:rs be a: Ingersoll's ex?ense and subject to all a??licable Ingersoll's right to malntain such building and proper:;< shall
goveranental laxs, ordlnances, rules, etc. That said building
and property shall be Zaintained at the sole expense of
Ingers311. The City azd Ingersoll agree chat if che CaSle T.V.
whichever cones first, Ingersoll shall leave the building on the
franchise is terminated, or at the end of the leasehold period,
site if requested to do so by che City at no cost to the City.
2. PAYXENT OF RE!;?: Checks for payment of rent shall he
made out to the City of Xuskego.
3. UTILITIES h TAXZS: Ingersoll shall pay for water/sewer,
gas (including gas heat) and electricfty and any ocher utility
and any taxes which are a result oE the'bulldlng. its contents,
or the dish.
5. MAIYTEYANCE h REPAIR: Ingersoll shall make all
premises in good condition. Ingersoll shall make all repairs.
necessary incidental repairs to the premlses, and maintain the
Ingersoll shall maintain the exterior oE the buildlng and
adjacent areas in good condition.
-2-
..
5. INDE~IFICATION':' Ingersoll during the tera hereof shall
indennify the City against all claim and demands, vhether for
occurring within the premises and arising out of the use and
injuries to persons, loss of life, or dazaze CO proper:y
occupancy by Ingersoll, expecting, however, such claims and
dezands, whether for injuries to persons, loss of life, or daaage
to property caused by acts or omissions of Ingersoll. Xoching
contained in this seccion shall, hovever, detract frsz the City's
righcs to protection under the public liability insurance policy
to be paid for by Ingersoll as specified \,ereof.
6. ISSL'RXUCE: Ingersoll shall, ac izs eqense, at all
policy or policies of insurance, vritten 5:~ one or core
tLmes durins the tern of t5:s agreement =aLntain in force a
resoonsible insurance carriers designatel by the Ci.t:~, %which vi11
persons or loss or damage ta 2raperty occ~rring in or about the
i3sc:re the Ci:y against lCaj:lity for i2jGr:J t3 or ces:i of
deaissd prezlses. The liability under szc? insurance shall floc
be less than S500,OOO far any one person kllled or injured, ~j~o,ooo for any one accident, and S300,3C12 property danage. 0 DATED THIS 12th DAY OF ?I a r c "~ , 1985.
CONSENT
The Yuskego Historical Society hereby consents to the above
agreement, it being the position of the par:ies to said agreement
that no such consent is necessary.
By :
President
By :
Secretary