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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. e 8 0 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 0 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. 1. 2. 3. 4. 5. 6. 7. 8. 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: $590.09 2er ;lesr, payable in advance on the occu~znc:~ an? ::?e szne day of ezc;? 51lo~i:g year. 1. TEX-I: The Citll 'lereby grants to Ingersoll the right to have such building and orooerty located on the land ovried by the City from the date of 3arc.i 1, 1985 until fifceen (15) years from the date oE granting of th.e franchise or the ternination of Ingersoll's C2ble T.V. franchise, whichever comes first. That Ingersoll s risht ta malnrain such building and proper:;^ shall always be at Ingerssll's e:<?ense and subject to all a??licabls governmental laws, ordinances, rales, etc. That said building and Fropercy shall be inaintained at the sole ex?ense of Ingersoll. The City and Ingersoll agree that if the Cable T.V. franchise is terninated, or at the end of the leasehold period, sihichever coces first, Insersoll shall leave the building on the site if reqaested to do so by the City at no cost to the City. 2. PAYHZIT OF REST: Checks for payment of rent shall be I made out to the City of Huskego. 3. UTILITIES & T-LYZS: Ingersoll shall pay far water/sewer, gas (including gas heac) and electricity and any other utility and any taxes xhich are a resalt of the'building, its contents, or the dish. L. UZXTEYA'iCC & IIE?$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