Ordinance No. 00-30 1.
CITY OF TIGARD,OREGON
ORDINANCE NO,00-ZQ-
AN ORDINANCE GRANTING A NON-EXCLUSIVE CABLE AND BROADBAND ACCESS
SERVICES FRANCHISE AGREEMENT TO RCN CORPORATION DOING BUSINESS AS RCN
TELECOM SERVICES OF OREGON,INC.,AND DECLARING AN EMERGENCY.
WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter "MACC") was
formed by Intergovernmental Cooperation Agreement (hereinafter "ICA") to enable its member
jurisdictions to work cooperatively and jointly on communications issues,in particular the joint franchising
of cable services and the common administration and regulation of such franchise agreements,and the City
of Tigard is a member of MACC;and
WHEREAS, the ICA authorizes MACC and its jurisdictions to grant one or more nonexclusive franchise
agreements for the construction,operation and maintenance of a cable service system within the combined
boundaries of the member jurisdictions;and
WHEREAS, the ICA requires that each member jurisdiction to be served by the proposed grantee must
formally approve any joint cable service franchise agreement;and
WHEREAS, RCN Corporation, doing business as RCN Telecom Services of Oregon, Inc., (hereinafter
RCN),a Delaware corporation,has formally requested a franchise agreement with MACC and several of its
member jurisdictions in accordance with federal law;and
WHEREAS, the MACC Board, by Resolution 2000-11 adopted on the 29th day of June, 2000,
recommended that affected memberjurisdictions grant a franchise in the form attached hereto as Exhibit
"A";and
WHEREAS, the City of Tigard finds that approval of the recommended franchise is in the best interest of
the City and its citizens,in order to provide opportunities for effiective competition in the provision of these
services consistent with the federal Telecommunications Act of 1996;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: There is hereby granted to RCN Corporation dba RCN Telecom Services of Oregon,
Inc. a non-exclusive franchise on the terms and conditions contained in Exhibit "A".
This nonexclusive grant authorizes the provision of cable and broadband access services
within the jurisdictional boundaries of the City of Tigard as said boundaries presently
exist or may be amended,commencing on September 30, 2000,or the date that MACC
certifies that all jurisdictions have adopted this Franchise, whichever occurs later, and
ending September 30,2014.
SECTION 2: The grant of franchise at Section 1 is conditioned upon each of the following events:
ORDINANCE No.00-2-0
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(a)The affirmative vote of the governing body of each MACC member jurisdiction to
be served under the franchise;
(b) RCMs fulfillment of the franchise acceptance provisions contained in the
Agreement;and
(c)Formal written determination by MACC staff that each of the above two events has
occurred.
SECTION 3: Tigard's approval of this ordinance must be coordinated with the 11 other jurisdictions
within MACC which will be served by RCN. None of the franchises approved by other
jurisdictions will take affect until the franchise is approved by all jurisdictions. All other
jurisdictions have already given their approval to this franchise. The City of Tigard
therefore declares that an emergency exists so that this ordinance takes affect upon
passage, thereby allowing RCN to begin construction to serve all participating MACC
jurisdictions.
PASSED: By Ll rIMIYriauS vote of all Council members present after being read by number and
title only,this aU W day of DC n I&A-- ,2000.
Catherine Wheatley,City Recordir
APPROVED: By Tigard City Council this 02/Mday of Q��- ,2000.
�
J es Griffi a
%/
Approved as to form:
City Attome
Date
ORDINANCE No.00-30
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