Resolution No. 81-124 CITY OF TIGARD, OREGON
RESOLUTION No.
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A RESOLUTION ADOPTING A CERTAIN FRANCHISE AGREEMENT, ENTITLED "CABLE COMMUNICATIONS
SYSTEM FRANCHISE AGREEMENT BETWEEN THE JURISDICTIOYS PARTICIPATING IN THE METROPOLITAN
AREA COMMUNICATIONS COMMISSION AND STORER METRO CUMMUNICATIONS, INC.", AS THE FRANCHISE
AGREEMENT FOR THE CITY OF TIGARD, OREGON; ELECTING FURTHER TO REMAIN A MEMBER AND BE
BOUND BY THE DECISIONS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION AND PROVIDING FOR
RETURN OF THIS RESOLUTION AND THE EXECUTED FRANCHISE AGREEMENT AS SET FORTH HEREIN. k
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WHEREAS, the City of Tigard is a member of the Metropolitan Area Communications
Commission (hereafter Commission) which consists of representatives from certain cities and
Washington County which have entered into an intergovernmental agreement, entitled,
"Intergovernmental Cooperation Agreement - Metropolitan Area Communications Commission"
(hereafter Intergovernmental Agreement) and pursuant thereto developed a request for li
proposal which solicited proposals from companies interested in providing a cable
communications system within the boundaries of the member jurisdictions, evaluated i
proposals and selected Storer Metro Communications, Inc. (hereafter Company) as the
company with which to negotiate, and negotiated, drafted, and, by Commission Resolution
No. 81-5, approved an agreement entitled, "Cable Communications System Franchise
Agreement Between The Jurisdictions Participating In The Metropolitan Area Communications
Commission and Storer Metro Communications, Inc." (hereafter Franchise Agreement), which has t
been forwarded to the City for consideration of adoption as the non-exclusive franchise
agreement for the City of Tigard, Oregon; and i
WHEREAS, Section 4.D. of the Intergovernmental Agreement, as amended by Commission
Resolution No. 81-3, among other things, provides that if a member jurisdiction decides
to adopt and enter into the Franchise Agreement with the Company in a timely and
appropriate manner, that member jurisdiction thereby agrees to remain in the Commission and f
be bound by its decisions, subject to the terms and conditions of the Intergovernmental
Agreement; and
WHEREAS, the Council has deemed it to be in the furtherance of the public interest and 3
welfare of the citizens of the Cit y of Tigard, Oregon to adopt the Franchise Agreement
as that of the City and to remain in the Commission and to notify the Commission in a
timely manner; now, therefore,
BE IT RESOLVED AND ORDERED BY THE COUNCIL OF THE CITY OF TIGARD, OREGON THAT:
Section 1: The City Council hereby adoptes the Franchise Agreement developed,
approved and forwarded by the Commission to the City, as the non-exclusive Franchise k
Agreement of the City of Tigard, Oregon. A copy of the Franchise Agreement is attached
hereto, marked "Exhibit A", and by this reference incorporated into this Resolution as
though fully set forth herein.
Section 2: By the adoption of the Franchise Agreement, as set forth in Section 1
of this R'— solution, the City of Tigard does hereby grant to Storer Metro Communications, Inc.;
a non-exclusive, revocable franchise for a fifteen year period from and after the 4E
effective date of the Franchise Agreement to construct, operate and maintain a cable
communications system, in a manner as defined, required and provided by the Franchise
Agreement, within the corporate boundaries of the City of Tigard, Oregon, as they are t
now or hereafter are established. {
Section 3: In accordance with Section 4.D. of the Intergovernmental Agreement, as
amended by Commission Resolution No. 81-3, the City of Tigard, by adopting the Franchise
Agreement, hereby elects to remain a member of the Commission, subject to Section B.B.
of the Intergovernmental Agreement, as amended by Commission Resolution No. 81-2
RESOLUTION No. 81- L&J
relating to withdrawl and termination, and to be bound by the decisions of the
f� Commission, subject to the terms and conditions of the Intergovernmental Agreement.
Section 4: The Mayor is authorized to, and shall, execute and enter into the
Franchise Agreement on behalf of the City of Tigard and the City Recorder shall attest
the Mayor's signature. Following execution, the City Recorder shall deliver to the
Commission Chairman in a timely manner, a true copy of this Resolution and three
duplicate originals of the Franchise Agreement properly executed by the Mayor and
attested by the City Recorder. For the purposes of this section, delivery in a
timely manner shall be actual receipt of the above—mentioned documents by the
Commission Chairman no later than 1:00 P.M., Wednesday, the 6th day of January,
1982.
APPROVED This gL day of .l/ , 1981.
City Recorder — Cityof gard
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ATTEST:
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City f Tigard
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RESOLUTION No. 81- L�c�
CABLE COMMUNICATIONS SYSTEM FRANCHISE AGREEMENT -exhibit filed in
central filing under franchise
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