Resolution No. 99-04 CITY OF TIGARD,OREGON
RESOLUTION NO.99-04
A RESOLUTION GRANTING A RENEWAL OF A NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE AGREEMENT TO TCI OF OREGON,INC.
%IrHE"r•" s Commission (hereinafter "MACC") was
n•:.t1J, In 1980 the Metropolitan Area %urfi:Tiainicat'.on...
formed by Intergovernmental Agreement(hereinafter"IGA")to enable its member jurisdictions to work r
cooperatively and jointly on communications issues;in particular the joint franchising of cable services and
the common administration and regulation of such franchise agreements, and the City of Tigard is a
member of MACC;and
WHEREAS,the IGA authorizes MACC and its jurisdictions to grant one or more non-exclusive franchise
agreements for the construction,operation,and maintenance of a cable service system within the combined
boundaries of the member jurisdictions;and
WHEREAS,the IGA requires that each member jurisdiction must formally approve any joint cable service
franchise agreement so rated;and
WHEREAS, MACC and its member jurisdictions granted a joint franchise agreement in 1982, which
franchise is now owned by TCI Cablevision of Oregon, Inc.,(hereinafter "TCI") and which expires on
February 10,1999;and
WHEREAS, TCI has properly requested that its franchise agreement with MACC and its member
jurisdictions be renewed in accordance with federal law;and
WHEREAS, MACC, on behalf of its member jurisdictions, and in accordance with direction from the
MACC Board, has assessed the future cable-related needs and desires of the fifteen communities
represented by the member jurisdictions and has incorporated those needs and desires into the provisions of
a proposed renewal of the Agreement;and
1 WHEREAS, the MACC Board, by Resolution 98-4 adopted on the 17"' day of November, 1998,
recommended that its member jurisdictions grant a renewal of the Agreement, which renewal is attached
hereto as Exhibit"A'';
NOW THEREFORE,BE IT RESOLVED by the Tigard City Council that:
Section 1: There is hereby granted to TCI Cablevision of Oregon,Lie., a renewal of its existing non-
exclusive franchise on the terms and conditions contained in Exhibit "A". This non-
exclusive grant authorizes the provision of cable services within the jurisdictional
boundaries of the City as said boundaries presently exist or may be amended.
RESOLUTION No.99-0
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Section 2: The grant of franchise at Section I is conditioned upon each of the following events:
a. The affirmative vote of the governing body of each MACC member jurisdiction;
® b. TCI's fulfillment of the franchise acceptance provisions contained Section 2 of
the Agreement;and
C. Formal written determination by MACC staff that each of the above two events have
occurred.
Section 3: The grant of this franchise is effective February I,1999.
PASSED: This G&I jr day cf& 1999,,, A
Mayor ityofTigard
® ATTEST:
City Recorder—City of Tigaz
low
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RESOLUTION No.99—
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METROPOLITAN AREA COMMUNICATIONS COMBHSSION
® RESOLUTION 98-4
A RESOLUTION RECOMMENDING TO THE MEMBER JURISDICTIONS OF THE
NffiROPOLI T AN AREA CONUvIUNICATIONS COMMISSION THAT THEY
GRANT TCI OF OREGON,INC.A RENEWAL OF ITS CABLE SERVICES
aPv1--4CI-SJV,,A%yRP.r'xi-ELN iL
WHEREAS,in 1980 the Metropolitan Area Communications Commission(hereinafter
MACC'was formed by Intergovernmental Agreement(hereinafter IGA)to work cooperatively
and iointly on communications issues,in particular the joint franchising of cable services and .
thL unon administration and regulation of such franchise agreements;and,
WHEREAS,today the member jurisdictions of MACC consist of Washington_County and the
cities of Banks,Beaverton,Cornelius,Durham,Forest Grove,Gaston,Hillsboro,King City,
Lake Oswego,North Plains,Rivergrove,Sherwood,Tigard,Tualatin,Wilsonville;and,
WHEREAS,the IGA authorizes MACC and its jurisdictio-is to grant one or more
nonexclusive franchise agreements to construct,operate,and maintain a cable service system
within the combined boundaries of the member jurisdictions;and,
WHEREAS,the IGA requires that each member jurisdiction must formally approve any joint
cable service franchise agreements;and,
WHEREAS,MACC and its member jurisdictions granted a joint franchise agreement for cable
service in 1982,which is now owned by TCI of Oregon Inc.(hereinafter TCI),and which
expires on February 10, 1999;and,
WHEREAS,TCI has properly requested that its franchise agreement with the MACC and its
member jurisdictions be renewed;and,
WHEREAS,the MACC Board of Commissioners adopted Resolution.#96-2 on March 20,
1996 authorizing commencement of renewal proceedings and directing staff to implement the
necessary processes and procedures to do so;ard,
WHEREAS,MACC,on behalf of its member jurisdictions,has assessed the future cable
relaied needs and desires of the many communities represented by the jurisdictions,and have
incorporated those needs into the provisions of the new franchise agreement;and,
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WHEREAS,MACC,on behalf of its member jurisdictions,has considered the legal,technical
and the financial ability of TCI to own and operate the cable system under a new franchise;and,
WHEREAS,MACC,on behalf of its member jurisdictions,after such consideration,analysis,
and deliberation as are required by law,has approved and found sufficient the financial,
cch nical wa id legal „al;car;nnc of TCI to provide cable services;and,
Resoluticn out
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WHEREAS,MACC,on behalf of its membp-jurisdictions,has negotiated a new franchise
--:.._ae. .._m a__bas-=d-v.l ti:v:fwliS da,u..vs 0: –L•I.L•SG I-- —L:V11lrIlYr11LLGA-
611 1,
WHEREAS,MACC has provided adequate notice and opportunities for public comment on
the proposed new franchise agreement for cable service;and,
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WHEREAS,the MACC Board of Commissioners,after careful.consideration is prepared to
recommend to the member jurisdictions that they grant TCI a renewal of their cable services
franchise agreement.
NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE METROPOLITAN ARF s COIiMIUMCATIONS COM USSION THAT:
1.MACC and TCI have negotiated a cable services franchise agr.,cment to serve the combined
boundaries of the member jurisdictions.
2.The proposed franchise agreement reflects the needs and desires of the many communities
represented in the jurisdictions.
3.TCI has the legal,technical and financial qualifications to own and operate the proposed
cable services system.
4.MACC recommends to its member jurisdictions that they concur with its findings and that
they grant TCI a cable services franchise agreement based on the terms and conditions
contained in the proposed agreement contained herein as Exhibit A.
5.The member jurisdictions'grant of a joint franchise agreement shall be contingent on the
affirmative vote of each jurisdiction's governing body
6. The member jurisdictions'grant of a cable services franchise agreement to TCI shall
become effective upon TCI's fulfillment of the franchise acceptance provisions contained in the
franchise agreement and upon the formal determination of the MACC staff that the jurisdictions
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have so consented.
Resolution 98-4,p.3
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ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN
AREA COMMUNICATIONS COMMSSION THIS 17TH DAY OF NOVEMBER 1998.
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