Resolution No. 83-05 CITY OF TIGARD, OREGON
RESOLUTION NO. 83-05
A RESOLUTION PROVIDING THE CITY OF TIGARD'S AUTHORIZATION FOR THE AMENDMENT OF
BOTH THE INTERGOVERNMENTAL AGREEMENT ENTITLED, "INTERGOVERNMENTAL COOPERATION
AGREEMENT - METROPOLITAN AREA COMMUNICATIONS COMMISSION" AND THE ADOPTED CABLE
COMMUNICATIONS SYSTEM FRANCHISE AGREEMENT TO PERMIT AND AUTHORIZE THE CITY OF
RIVERGROVE, OREGON TO BECOME A MEMBER OF THE METROPOLITAN AREA COMMUNICATIONS
COMMISSION AND A PARTY TO THE FRANCHISE AGREEMENT.
WHEREAS, subsequent to the adoption of the Cable Communications System
Franchise Agreement (hereafter Franchise Agreement) betweer the jurisdictions
participating in the Metropolitan Area Communications Commission (hereafter
Commission) and Storer Metro Communications, Inc. (hereafter Grantee), and
subsequent to acceptance of the Franchise Agreement by Grantee and approval by
the Commission of the construction schedule submitted by Grantee, the City of
Rivergrove, Oregon, requested by letter that it be permitted to become a
member of the Commission by amendment of the Intergovernmental Cooperation
Agreement - Metropolitan Area Communications Commission (hereafter
Intergovernmental Agreement), and further, by amendment of the adopted
Frauc:hise Agreement, that it become a party to the Franchise Agreement with
Grantee; and
WHEREAS, Section 9.C. of the Intergovernmental Agreement provides that the
Commission may allow other units of local government to enter into the
Intergovernmental Agreement, subject to the possible imposition of an entrance
fee or cost; and
WHEREAS, it would constitute an amendment of the Intergovernmental Agreement
to add the City of Rivergrove as a member of the Commission and Section 9.E.
of the Intergovernmental Agreement requires written authorization by the
governing bodies of all members of the Commission for any amendment to the
Intergovernmental Agreement subsequent to Commission approval of the Request
for Proposal; and
WHEREAS, it would constitute an amendment of the Franchise Agreement adopted
by the jurisdictions comprising the Commission to allow the City of
Rivergrove, Oregon, to enter into and become a party to the Franchise
Agreement with Grantee, and such amendment requires the written concurrence of
the governing body of each member jurisdiction of the Commission; and
WHEREAS, the Rivergrove City Council, by Resolution has authorized
Rivergrove's entering into the Intergovernmental Agreement, ratified and
approved Commission Resolution Nos. 80-1; 81-2 to 81-6; and 82-2 to 82-7,
which amended the original Intergovernmental Agreement, and Resolution 82-1
which approved the construction schedule submitted by Grantee and established
February 10, 1982, as the effective date of the Franchise and has appointed a
Commissioner and an Alternate Co„wiasiOner- to represent the City; end
WHEREAS, Storer Metro Communications, Inc. has agreed in writing that the
addition of the City of Rivergrove to the Commission and as a party to the
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Franchise Agreement would not necessitate or result in any change or amendment
to its proposal, Franchise Agreement or construction schedule in any way or
manner whatsoever, as such proposal, franchise agreement or approved
construction schedule applies or requires performance by grantee to any
existing member Jurisdiction of the Commission, and whereas a copy of said
Agreement by Grantee is attached hereto, marked "Exhibit A: and by reference
incorporated into this resolution as though fully set forth herein; nd
WHEREAS, the Commission has considered the request and tentatively agreed on
February 10, 1982, to amend both the Intergovernmental Agreement and the
adopted Franchise Agreement, providing the governing bodies of all members of
the Commission authorize and concur with such amendments; and
WHEREAS, the City Council having considered the matter and having deemed it to
b3 in the best interest and general welfare of the citizens of the City of
Tigard to author ze the amendments to the Intergovernmental Agreement and the
Franchise Agreement by allowing the City of Rivergrove. Oregon, to Join the
Commission as a full member and become s party to the Franchise Agreement;
NOW, THEREFORE,
HE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF TIGARD, OREGON AS FOLLOWS:
Section 1: The Commission is hereby authorized by the City of Tigard to
amend the Intergovernmental Agreement and Franchise Agreement
as necessary to allow the City of Rivergrove, Oregon, to enter
into the Intergovernmental Agreement and become a full member
of the Commission and become a party to the Franchise
Agreement, with all the attendant rights, duties and
obligations arising from both Agreements, such authorization
and concurrence being given in accordance with and as required
by Section 9.E. of the Intergovernmental Agreement and Section
1.5 of the adopted Franchise Agreement.
Section 2., The City Council, by this Resolution, understands and agrees
that should any subsequent events arise which the Commission
deems to be sufficient to preclude such amendments to the
Intergovernmental Agreement and Franchise Agreement, the
Commission may decide not to amend the Agreements in such a
manner.
section 3: The City Recorder shall deliver forthwith a true copy of this
Resolution to the Administrator of the Commission, 4950 SW
Hall Blvd., Beaverton, Oregon, 97005.
PASSED: This /Z day of a N 1983.
ATTES
Mayor - City of Tigard
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t,
City Recorder - City igard
RESOLUTION NO. 83-05
(0333A)