Ordinance No. 16-02 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16-Da.
AN ORDINANCE OF THE CITY COUNCIL OF TIGARD AMENDING A NON-
EXCLUSIVE CABLE FRANCHISE TO QWEST BROADBAND SERVICES,INC. D/B/A
CENTURYLINK TO ADD THE CITY OF BEAVERTON
WHEREAS,in 1980 the Metropolitan Area Communications Commission (hereinafter"MACC'�
was formed by Intergovernmental Cooperation Agreement,amended in 2002 and now an
Intergovernmental Agreement (hereinafter"IGA' to enable its member jurisdictions to work
cooperatively and jointly on communications issues,in particular the joint franchising of cable
services and the common administration and regulation of such franchises,and the City of Tigard
(hereinafter"City')is a member of MACC;and
WHEREAS,the IGA authorizes MACC and its member jurisdictions to grant one or more
nonexclusive franchises 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 to be served by the proposed
franchisee must approve any cable service franchise,including amendments to those franchises;and
WHEREAS,in February 2015,Qwest Broadband Services,Inc. d/b/a CenturyLink (hereinafter
"CenturyLink'�, formally requested a franchise authorizing the provision of cable services to the
following MACC member jurisdictions: Lake Oswego,Tigard,North Plains,West Linn and
unincorporated Washington County ("Affected jurisdictions');and
WHEREAS,CenturyLink subsequently requested that the City of Beaverton be included in the
franchise approved by the Affected Jurisdictions;and
WHEREAS,MACC has reviewed the franchisee's qualifications in accordance with federal law;and
WHEREAS, the Board of Commissioners of MACC,by Resolution 2015-08 adopted on October
29,2015,recommended that the City amend a franchise previously granted to CenturyLink to add
the City of Beaverton as a party to the franchise; and
WHEREAS,MACC and the City have provided adequate notice and opportunities for public
comment on the proposed cable services franchise including a public hearing on October 29,2015;
and;and
WHEREAS,the Council finds that approval of the recommended franchise amendment is in the
best interest of the City and its citizens,consistent with applicable federal law;
NOW THEREFORE,THE CITY OF TIGARD OREGON ORDAINS AS FOLLOWS:
ORDINANCE No. 16-0.2
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SECTION 1: The definition of"Affected Jurisdictions"in Section 1.2 of the Qwest Broadband
Services, Inc. d/b/a CenturyLink non-exclusive cable services franchise granted by
the City on September 8,2015 via Ordinance 15-14 is hereby amended as follows
(new text underlined): Affected Jurirdictionc Unincorporated Washington County and
the cities of Beaverton.Lake Oswego,North Plains,Tigard and West Linn.
SECTION 2: The amendment of the franchise in Section 1 is conditioned upon each of the
following events:
(a) The affirmative vote of the governing body of the City of Beaverton to adopt a
franchise containing all material terms and conditions of the cable services franchise
granted by the City of Tigard to Qwest Broadband Service,Inc. d/b/a CenturyLink;
and
(b) The affirmative vote of the governing body of each of the five original affected
MACC member jurisdictions (the Cities of Lake Oswego,North Plains,Tigard and
West Linn,and Washington County) to amend the franchise with Qwest Broadband
Services, Inc. to add the City of Beaverton as a party; and
(c) Qwest Broadband Services, Inc.'s fulfillment of the franchise acceptance
provisions contained in the Franchise;and
(d) Formal written determination by the MACC Administrator that,in accordance
with the requirements of the IGA,each of the above three events has occurred.
SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by
the mayor,and posting by the city recorder.
PASSED: By -I vote of all council members present after being read by
number and title only,this--a6t)Zlay of , 2016.
Carol A. Krager,City Rec der
APPROVED: By Tigard City Council this Q 6 ~day ,2016.
John 0
Cook,Mayor
Approved as to form:
City'AtWmey
ITS I l�
Date
ORDINANCE No. 16-02
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