Ordinance No. 96-25 log
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' CITY OF TIGARD,OREGON F
j < ' ORDINANCE NO.
AN ORDINANCE OF TtM^:;;yr WARD,OREGON,GRANTING TCI CABLEVISION
-- yr UXEGON,INC.A PERMIT AND RIGHT OF WAY AGREEMENT IN ORDER TO 40
OPERATE
OPERATE AND MAINTAIN ITS CABLE COMMUNICATIONS SYSTEM.
WHEREAS,certain annexed areas of Tigard are being served by TCI Cablevision of Oregon,Inc.
(hereinafter"TCP')under the terms of a franchise agreement between TCI Cablevision of Oregon, = � ;
1 Inc.and Washington County,Oregon rather than under the terms of the franchise agreement between
TCI and the local governments comprising the Metropolitan Areas Communications Commissionv } R
(hereinafter"MACC")which covers the remainder of households in Tigard;and ni °r � '
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WHEREAS,the franchise agreement between TCI and Washington County provides for service
requirements substantially similar, but not identical, to those provided for under the franchise t
agreement between TCI and MACC;and .
=W�IEREAS,the franchise agreement between TCI and MACC is slated to expire,by its terms,in
1999;and
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WHEREAS,MACC does not believe it necessary at this point in time that a new or amended---- - ZE
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agreement between MACC and TCI should be written to include those households within the annexed `
areas; rather TCI's service to those areas can continue under the terms of the existing Jin"
TCl/Washington County franchise agreement until 1999 when the TCl/MACC franchise agreement , f
is slated to be renegotiated and at that time all new or existing areas located within the geographic ufi
boundaries of Tigard can be brought wi fliu;;,tie c ci
E g �r�es of the TCI%MACC franchise agreement;and
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WHEREAS,in order to serve those households within the annexed areas now covered by the
TCl/Washington County franchise agreement,TCI must have aright of way permit from Tigard in
return for which TCI will pay Tigard through MACC the franchise fee of five per cent(5%)assessed Y
it under the terms of the TCVWashington County franchise agreement;
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j NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: x
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Section 1. The City of Tigard,Oregon hereby grants TCI Cablevision of Oregon,Inc.a permit j
and right-of-way p "
gh y agreement in order to operate and maintain its cable communications
system in the area shown by the map attached hereto as Exhibit"A" The terms and t r
conditions of the permit and right-of-way agreement shall be in a form substantially
similar to those found in Exhibit"B"attached hereto.
ORDINANCE NO 96-a'� �a Y
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<- Section 2. This ordinance shall be effective 3U days after its passage by the Council,signature
�, xtt - .'-iJ���14' �._• cervi nnctinn by the ON Recorder.
u NT, �
y` PASSED: By vote of all Council members present after being read by
number and title only,this day of 1996.
{ erine Wheatley,City Reco r F ` }
Or&N, APPROVED:By Tigard City Council this /lay of L , 1996.
W6� A'7� �
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E ` IiKKicoliI Mayors
Approved as to form:
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Date "
pcdanvM24/lcirow.ml(4/19/96)
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�- CITY OF TIGARD
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PERMIT and RIGHT-OF-WAY < ,� '
AGREEMENT ��*� �, I•
" The City of Tigard,Washington County,Oregon(hereinafter"City")authorized to and hereby does x, r
grant to TCI Cablevision of Oregon,Inc.(hereinafter"TCP')a non-exclusive permit and right of way
agreement to allow for the constriction,operation and maintenance of a cable communications ''
system in the area identified in"Exhibit A." The grant of this permit and right-of-way agreement is r , ,
in consideration of the payment by TCI to Tigard of a fee in the amount of five per cent(5%)of the E { �
$ gross receipts generated in any manner through the operation of the cable system under this franchise. VOW
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� This amount is separate from any amount of monies and/or other monetary or non-monetary
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' obligations owed Tigard as a result of its participation in and entitlements arising under the franchise yfi ,
agreement between TCI and the Metropolitan Area Communications Commission (hereinafter lk � .
Except as specifically identified below,the terms of the permit and right-of--way agreement shall be
identical tothe"Cable Television Franchise
Agreement between Washington County,Oregon and TCI
Cablevision of Oregon Inc.", a copy of which is attached hereto as Exhibit"C"and incorporated k fi �
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herein by reference. F ,.
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1. "Grantor"as defined in Section 2(s) of"C", shall mean the City of Tigard; '
2. The term of the agreement (as set out in Section 3.1 of"C')shall commence as of the date
executed by both Tigard and TCI and end on February 10, 1999,unless otherwise provided for by
the parties in a subsequent agreement;
3. TCI shall not be obligated nor shall pay Tigard any monies under the terms of this right of sit
way permit other than the 5%fianchise fee referred to above,including the amount referred to as Fi
"PEG access capital fundin Section 6.6
P 8"�in (b)of"C" and the amount referred to as"Incidental
Payment"in Section 8.5 of"C." However,Tigard shall be an additional named beneficiary of the , ' -
faithful performance bond required to be posted by TCI under the terms of Section 8.2 of"C."
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4. TCI agrees to defend,indemnify and hold harmless Tigard consistent with the terms of and
obligations under Section 8.3 and 8.4,of"C." r
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5. TCI shall not be required to perform other t a _
eq P system tests in addition to those required of TCI
under the terms of the Section 5.12 of"C"nor required to provide the City a separate annual reportMX
pursuant to the terms of Section 12.3(b)of"C."
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PERMIT AND RIGHT-OF-WAY AGREEMENT
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g * 6. TCI shall send all notices and other communications concerning this permit and right of waytkN
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to Tigatd's agent for such matters to:
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�� Yr Metropolitan Area Communications Commission
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U Suite 6020 �! 40
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1815 NW 169th Place
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� Beaverton,VICb'uIl iivvv—ioo�.
s Accepted this 9 qday of �, 1996,subject to applicable federal,state and local law.
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CITY OF TIGARD,OREGON TCI CABLEVISION OF OREGON,INC.
William A.Monahan,Administrator David M: Reynolds, President
METROPOLITAN AREA .
CO CATIONS
CO SS ON (MACC)
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PERMIT AND RIGHT-OF-WAY AGREEMENT
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