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Resolution No. 81-125 CITY OF TIGARD, OREGON (\ RESOLUTION No. 81— A RESOLUTION PROVIDING THE CITY OF TIGARD'S AUTHORIZATION FOR THE AMENDMENT OF THE INTERGOVERNMENTAL AGREEMENT ENTITLED, "INTERGOVERNMENTAL COOPERATION AGREEMENT — METROPOLITAN AREA COMMUNICATIONS COMMISSION" TO PERMIT THE CITY OF SHERWOOD, OREGON TO BECOME A MEMBER OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION. WHEREAS, subsequent to the approval of the Request for Proposal by the Metropolitan Area Communications Commission (hereafter Commission) which was used to solicit proposals for the construction, operation and maintenance of a cable communications system, and subsequent to ratification of the Request for Proposal by member jurisdictions of the Commission and their decision to jointly proceed through evaluations of proposals and development of a franchise agreement, the City of Sherwood, Oregon requested that it be permitted to become a member of the Commission by amendment of the Inter— governmental Cooperation Agreement — Metropolitan Area Communications Commission (hereafter Intergovernmental Agreement) which created the Commission and established the powers, duties and functions of the Commission; 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 Sherwood as a member of the Commission and Section 9.E. of the Inter— governmental 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, the Sherwood City Council, by Resolution No. 222, has authorized Sherwood's entering into the Intergovernmental Agreement, ratified and approved Commission Resolutions Nos. 81-2, 81-3 and 81-4. which amended the original Intergovernmental Agreement, and appointed a Commissioner and an Alternate Commissioner to represent the City; and WHEREAS, Storer Metro Communications, Inc. has agreed in writing and during the course of negotiations that the addition of the City of Sherwood to the Commission would not necessitate any change or amendment to its proposal including, but not limited to, the promises and agreement as to charges for installation and initial rates, the scope of services offered or the schedule of construction, and the Commission has considered the request and tentatively agreed to amend the Intergovernmental Agreement, providing the governing bodies of all members of the Commission authorize such amendment; and WHEREAS, the City Council having considered the macter and having deemed it to be in the best interest and general welfare of the citizens of the City of Tigard to authorize the amendment of the Intergovernmental Agreement by allowing the City of Sherwood, Oregon, to join the Commission as a full member; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD, OREGON THAT: Section 1: The Commission is herebv authorized by the City of Tigard to amend the Intergovernmental Agreement as necessary to allow the City of Sherwood, Oregon to enter into the Intergover=ental Agreement and thereby become a full member of the Commission, with all the attendant ri¢hts, duties and obligations arising thereunder; such authorization being given in accordance with,and as required by, Section 9.E. of the Intergovernmental Agreement. i RESOLUTION No. 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 an amendment to the Intergovernmental Agreement, the Commission may decide not to amend the Intergovernmental Agreement in such a manner. Section 3: The City Recorder shall deliver forthwith to the Commission Chairman, a true copy of this Resolution so that it shall be received by the Chairman no later than 1:00 P.M., Wednesday, the 6th day of January, 1982. APPROVED This �_ day of , 1981. CC f City Recorder - City of and E I' E ATTEST: i i C_ity of Ti and heaid�a� o� G,unC. / s PAGE 2 RESOLUTION No. 81-1.it