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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 i EXHIBIT A I c %-W A '% � V g �/g's 1��URO Gf�j .�W�l `�i/� 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 t r ` 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. ' r::iaai ®PP8®VE6 I'' N0�14 F