CCR1992213AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #213-92
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; and
WHEREAS, the Common Council of the City of Muskego previously
consented to this in Resolution #39-92, but the required
conditions were not met in a timely manner.
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
franchise to Time Warner Entertainment Company, L.P. or any
wholly-owned subsidiary thereof if the municipality is so
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:
(i) Warner Cable Communications Inc. has not acknowledged in
writing its continuing obligations under the franchise by
delivering an acknowledgement to the City in the attached form
before October 30, 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 October 30, 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 October 30, 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
transfer including attorney fees; then the City shall not be
deemed to have consented to this assignment without future e action by the Common Council.
Resolution #213-92 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 8TH DAY OF SEPTEMBER , 1992.
SPONSORED BY:
Ald. Patrick A. Patterson
PUBLIC WELFARE COMMITTEE
Ald. William T. Simmons
Ald. William H. Schneider
This is to certify that this is a true and accurate copy of
Resolution #213-92 which was adopted by the Common Council of
the City of Muskego.
R. #213-92
ORDINANCES AND OTHER RESPONSIBILITIES
AFFIDAVIT OF ACCEPTANCE OF CABLE TV
This is to certify that Time Warner Entertainment Company, L.P.
does hereby accept the terms, conditions and provisions specified in
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.
Time Warner Entertainment Company, L.P. 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 Time Warner Entertainment Company, L.P. shall
the City due to the transfer including, but not limited to,
immediately pay any and all fees and expenses incurred by
attorney fees, provided Time Warner Entertainment Company,
L.P. has been billed for such fees and expenses by
November 30, 1992 and submit any bonds or other security
required by the franchise and/or ordinance or amendments
thereto; and
0
3. That by this acceptance, Time Warner Entertainment Company,
L.P. accepts all of the responsibilities of Warner Cable
Communications Inc. subject to state and federal law
including 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
(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, 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
original installation, weather permitting, including
all "drops" that are unburied at this time.
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
request of the City, an authorized representative of
before the Welfare Committee.
Time Warner Entertainment Company, L.P. will appe&
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
)ss.
)
0 Personally came before me this day of , 1992, the
above named , as President, and
as Secretary, of Warner Cable Communications Inc. to me known to be
the persons who executed the foregoing instrument and acknowledged the
same.
I
NOTARY PUBLIC, STATE OF WISCONSIN
My commission expires:
L
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C.
Post Office Box 1348
Waukesha, Wisconsin 53187-1348
AGREEHENT BETWEEN INGERSOLL CABLE
CORPORATION AND CITY OF MUSKEGO
(As Amended)
WHEREAS, pursu2nt to:the Cable T.V. ordinance accepted by
Ingersoll Cable Corporation, hereinafter referred to es
"Ingersoll", Ingersoll is to place an earth station 'dish and a
building to house head-in electronic equipment on certain
P'cityl'.
roperty owned by the City of Nuskego, hereinafter reEerred to es
NOW, T%EREFORE, it is agreed as follows:
Descri?tion of property where building 2nd ?ish shall be
located: See ettzched Exhibit "A".
Description of buil<i?g 2nd disS: See ettzc:?eP Exhibit "B".
'~ccupancy DECZ: ?Xzrc:y 1, 1985
iEnd 3~:~:: Sjl!O.Oc) ?er yezr, p2yz5le in ~C.,-ence cz the
m
0ccx;;zc:; CE:~ EZ? :':e ~2~2 i~y of est?, f.;l!o;.Fz,= yezr.
1. YE?:.!. The Cit:r ':ereby gr~nts to Ingersoll ths r;Eht to
hive such bcildin: 2nd ?ra?erty locate6 on th? 1zci oss~cl by the
City frsn tile d2te or' Zzrc:? 1, 1985 cntil fiEcee3 (15) yezrs fror,
Ingersoll's Ceble T.V. Erenchise, ~hick~ever cones first. Th2t
Ingersall s right t3 maLnczin sxch bEilding End ~:.~?ST:;J s;?z11
21w2ys be Et Ingerssll's e:c72nse 2nd scbject ta 211 2?2lic~bls
goverInental lz.vs, ordinznczs, rAles, etc. ~nat s~Ld bcilzing
2nd properry shsll be mei~rzined at the sole exlense of
Ingersoll. The City and Ingerso11 agrse thzt if che Czble T.V.
fr2nchise is teraizzted, or 2t the end of the lezsehold pzriod,
x5ichever coCes first, Ingersoll sha11 leave the buildins on the
site if reqafsted to do so by the City at no cost to the City.
-
the date of granting of tb.2 franchise or the terninecion of
I
-,
2. TAYXZiT OF REXT: Checks for pzyment oE rznt sh211 be '. made out to th2 City of :-iuske~o.
3. UTILITIES & TLKS: IngersolI shll pzy far wcter/sewer,
gas (including g2s hest) 2nd electricity 2nd eny other ctility
and any taxes xhich ars a resalt of the'building, its contents,
or the dish.
li. ?tJ.I!iTEYZ_\iCE & XE?>-IK: Ingersoll sh211 wzke 211
prs9ises in gzod condition. Ingersoll shall a2ke 211 reF2irs.
necessary incldectzl re?elrs t3 the prenises, 2nc z2intzin the
ad~acent arszs in gaod cor;dition.
Insersall shsll xneint2in tY7.e 2x~zrior of the huileing 2nd
COMMUNITY ACCESS
Revised March 5, 1990
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
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 protecting 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
Community channel serving the City of Muskego.
1. Advertising material designed to promote the sale of
commercial products or services including advertising by or
on behalf of legally qualified candidates is prohibited.
2. No program, production or presentation shall be cablecast 0 on a community channel which directly or indirectly
involves any lottery.
3. 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.
4. All disputes arising over the allocation of programming
time shall be resolved by Warner Cable Co. of Milwaukee.
5. The Community channel shall be available for noncommercial '. use on a non-charge, non-discriminatory, first come basis.
6. The Community Access User shall bear sole responsibility
for the content of all programs, live or taped.
7. Any access program funded, sponsored or underwritten by an
individual, business, or organization shall credit that
support by acknowledging the following: "THIS PROGRAM WAS
MADE POSSIBLE THROUGH FUNDING PROVIDED BY
0. 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
the videotape will be returned to the owner.
granted from the producer. At the end of a 30-day period,