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Resolution No. 86-112 I CITY OF TIGARD, OREGON RESOLUTION NO. 86-_/Z;2-- A RESOLUTION OF T"HE TIGARD CITY COUNCIL CONCERNING CHANGES TO THE TIME REQUIREMENTS FOR TIDEL COMMUNICATIONS, INC. TO SUBMIT INFORMATION TO COMPLY L':ITH .THE METROPOLITAN AREA COMMUNICATIONS COMMISSION REQUIREMENTS CONCERN-,NG THE TRANSFER OF THE CABLE COMMUNICATIONS FRANCHISE AGREE'MEN'T. WHEREAS, the Metropolitan Area Communications Commission (hereinafter Commission) recommended to the member jurisdictions in MACC Resolution 86-02 that the Cable Communications Franchise be transferred to Tidel Communications, Inc. from Storer Metro Communications, Inc.; and WHEREAS, all fifteen member jurisdictions consented to the transfer of the Cable Communications Franchise; and WHEREAS, MACC Resolution 86-02 required Tidel Communications to submit to the Commission the following items, within forty-five (45) days of the last member jurisdiction to act: 1. Formal acceptance of the Franchise Agreement indicating that Tidel agrees to be bound by all terms and conditions thereof; and 2. Certificate of Insurance pursuant to Section 9.5 of the Franchise Agreement; and 3. Evidence that a security fund of $100,000, pursuant to Section 9.2, has been deposited in a bank account maintained by the Commission, or that Tidel has acqui,ed the existing security fund originally deposited by Grantee; and 4. proof of the posting of a $100,000 faithful performance bond, pursuant to Section 9.3; and 5. Evidence that the financing of the purchase of the cable system is essentially the same as that presented to MACC staff and legal counsel on June 17, 1986, and that all financing is completed; and WHEREAS, the City of Tigard by adopting Resolution No. 86-81 consenting to the transfer of the Cable Communications Franchise incorporated MACC Resolution 86-02 by reference; and WHEREAS, the last member jurisdiction to act did so on July 28, 1986 making Tidel Communications responsible to submit the required information to the Commission by September 11, 1966; and WHEREAS, the closing date for the sale of the cable system has been postponed so that it will occur after September 11, 1986. RESOLUTION NO. 86 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: A. The City of Tigard grants to Tidel Communications that thirty (30) days after the closing date of the sale they are to submit the following to the Commission: I. Formal acceptance of the Franchise Agreement indac:zching that Tidel agrees to be bound by all terms and conditions thereof; and 2. Certificate of Insurance pursuant to Section 9.5 of the Franchise Agreement; and 3. Evidence that a security fund of $100,000, pursuant to Section 9.2, has been deposited in a bank account maintained by the Commission, or that Tidel has acquired the existing security fund originally deposited by Grantee; and 4. Proof of the posting of a $100,000 faithful performance bond, pursuant to Section 9.3; and 5. Evidence that the financing of the purchase of the cable system is essentially the same as that presented to MACC staff and legal counsel on June 17, 1986, and that all financing is conipleted; and B. The City Recorder is authorized to file with the Chairman of the Commission two executed true and correct copies of this resolution, PASSED: This 2>.d day of S�j� 1986. r--- City of Tigard A17EST: ctinc City Recor er — City of ( RESOLUTION NO. 86— f1O PAGE 2 OF 2 lw/4157A