Resolution No. 83-107 b
CITY Ur' TiGAkb, OREGON
® RESOLUTION NO. 83-Zg 7
s A RESOLUTION PROVIDING THE CITY OF TIGARD 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
NORTH PLAINS, OREGON TO BECOME A MEMBER OF THE METROPOLITAN AREA
COMMUNICATIONS COMMISSION AND A PARTY TO THE FRANCHISE AGREEMENT, AS ADDENDED
FOR NORTH PLAINS.
WHEREAS, subsequent to the adoption of the Cable Communications System
Franchise Agreement (hereafter Franchise Agreement) between the jurisdictions
participating in the Metropolitan Area Communications Commission (hereafter
Commission) and Storer Metro Communications, Inc. (hereafter Grantee), and
subsequent to acceptance of the Frauchise Agreement by Grantee and approval by
the Commission of the construction schedule submitted by Grantee, the City of
North Plains, Oregon, requested 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 Franchise 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 North Plains 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 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
North Plains to enter into and become a party to the Franchise Agreement with
Grantee, and such amendment req-sires the written concurrence of the governing
body of each member jurisdiction of the Commission; and
WHEREAS, as a condition of approval by Grantee, the Franchise agreement
between the City of North Plains and Grantee shall contain an addendum which
will have the effect of delaying construction completion within the city until
December 31, 1984, rather than the June 8, 1984, date for construction
completion within the other jurisdictions; and
WHEREAS, the North Plains City Council, by resolution, has authorized
North Plains' entering into the Intergovernmental Agreement, ratified and
approved Commission Resolutions Nos. 81-2 through 81-6; 82-2 through 82-8 and
83-1 through 83-5, 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 Commission and an Alternate Commissioner to represent the
City; and
RESOLUTION No. 83-_&2_
WHEREAS (`rgnree has agreed in writing to the addition of the City of
North Plains to the Commission and as a party to the franchise Agreement,
eproviding there is an addendum made to the Franchise Agreement between North
Plains and GranLee, which would have the effect of delaying the completion of
system construction with the city until December 31, 1984; and
WHEREAS, copies of said Agreement by Grantee and the addendum are attached
hereto, marked "Exhibit A" and "Exhibit B", respectively, and by reference
incorporated into this resolution as though fully set forth herein; and
WHEREAS, the Commission has considered the request and tentatively agreed
on October 5, 1983, to amend both the Intergovernmental Agreement and the
adopted Fro-chise Agreement, providing the governing bodies of all members of
the Commission auL:�orize and concur with such amendments; and
WHEREAS, the City Council having considered the matter and having deemed
it to be in rhe best interest and general welfare of the citizens of th City
of Tigard to authorize the amendments to the Intergovernmental Agreement and
the Franchise Agreement by allowing the City of North Plains, Oregon to join
the commission as a full member and become a party to the Franchise Agreement;
now, therefore,
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF TIGARD AS FOLLOWS:
Section 1. The Commission is hereby authorized by the City of Tigard to
amend the Intergovernmental Agreement and Franchise Agreement as
necessary and as requested by Grantee regarding the construction
-- schedule to allow the City of North Plains, 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 free
both Agreements, such authorization an concurrence being given in
accordance with and as required by Section 9.E, of the
Intergovernmental Ag eemeiit and Section 1.5 of file adaFtad
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.
PASSED: By the City Council on the 1c day of / a�. , 1983-
ATTEST:
y�
City Recorder - C" of Tigard M�rsr - City of Tigard
�.
APPROVED AS TO FORM:
City Attorney
(BJ:pm/1092A)
RESOLUTION No. 83-z L7
Page 2
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EXHIBIT A
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COITdI7unicat ons,Inc.
September 20, 1983
Mr. William J. Tierney
Metropolitan Area Communications Commission
P. O. Box 1957
Beaverton, Oregon 97075
Dear Bill:
After our review of the request for service to North
Plains, it is our decision to provide service to that
community.
€^ Like the City of Wilsonville, however, we will only
consent to construct the system on a delayed construc-
tion basis to be completed no sooner than January of
1985.
Provisions for line extensions, etc. would also apply
as outlined in the Wil-sonville addendum.
Sincerely,
W. Dougl�on
Oregon Area Manager
cc: Jim K. Faircloth
1,7D W/v^r:
STORER METRO COMMUNICATIONS,INC.
14200 S.W.Bricadoon Court,P.O.Box 1956,Beaverton,Oregon 97075
503/644-3188
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F: RIBIT B =
"4.15 r+doenoum to Nortn Plains Franchise igreement Reggardin°, Construction
Scnedufe. As requirea py Grantee as a condition of approval to the City of
Nortn Plains becoming a member jurisdiction of the Commission, with all
attendant powers, rights and responsibilities of membership, the specific
requirements of Section 4.2 Construction Schedule, which require coupletion of
system construction within twenty-four months of commencement thereof, shall
not apply. Instead. Grantee agrees to complete system construction and have
activacea no later than December 31, 1984, the residential subscriber network
to serve the City of North Plains.
The City of North Plains is within the Initial Service Area (ISA); however, if
the City of North Plains expands due to annexation or other means, service
shall be made available to the new area(s) upon the same basis as the line
extension policy set forth in Part Four, entitled Franchise Territory of the
Proposal (Part 4-1-1 through Part 4-1-3).
All public buildings and facilities shall be served by the Institutional
Subscriber Network as provided for in the Cable Communications System
Franchise Agreement between the jurisdictions participating in the
Metropolitan Area Communications Commission and Storer Metro Communications,
Inc. effective date February 10, 1982.
All other provisions of Section 4 Construction and Service Re uirements of the
Franchise Agreement shall be fully applicab e, irClud2ng the relevant
provisions of Section 4.2, thereof. '
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