Resolution No. 83-108 i
CITY OF TIGARD, OREGON
RESOLUTION NO. 83-&a,y
A RESOLUTION PROVIDING THE CITY OF TIGARD AUTHORIZATION FOR THE AMr-,NDMENT OF
DOTH THE INTERGOVERNMENTAL AGREEMENT ENTITLED, "INTERGOVERNME::TAL COOPERATION
AGREEMENT-METROPOLITAN AREA COMMUNICATIONS COMMISSION" AND THE ADOPTED CA$LE -
COMMUNICATIONS SYSTEM FRANCHISE AGREEMENT TO PERMIT AND AUTHORIZE THE CITY OF
WILSONVILLE, OREGON TO BECOME A MEMBER OF THE METROPOLITAN, .-REG COMMUNICATIONS
COMMISSION AND A PARTY TO THE FRANCHISE AGREEMENT, AS ADDENDED FOR
WILSONVILLE.
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 Franchise Agreement by Grantee and approval by
the Commission of the construction schE-tle submitted by Grantee, the City of
Wilsonville, Oregon, requested that it b� permitted to become a member of the
Commission by amendment of the Inter overnmental 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 SI.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 Wilsonville 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 ['nm_m;ssion 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
Wilsonville to enter into and become a party to the Franchise Agreement with
Grantee, and such amendment requires 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 Wilsonville 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 Wiisonville City Council, by resolution, has authorized
Wilsonvilles' 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
i
RESOLUTION No. 83-
9
i
WHEREAS, Grantee has agreed in writing to the addition of the City of
'f, Wilsonville to the Commission and as a party to the franchise Agreement,
providing there is an addendum made to the Franchise Agreement between
Wilsonville and Grantee, 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 Franchise Agreement, providing the governing bodies of all members of
the Commission authorize and concur with such amendments; and
WHEREAS, the City Council having considered the matter and having deemed
it to be in the 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 Wilsonville, 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
amen:' the Intergovernmental Agreement and Franchise Agreement as
necessary and as requested by Grantee regarding the construction
schedule to allow the City of Wilsonville, 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 from
both Agreements, such authorization an concurrence being given in
accordance with and as required by Section 9.E. of the
Intergovernmental Agreement and Section 1.`, of the adopted
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 - /5 day of 1983.
ATTEST:
�1^ City Recorder —Y� City Tigard Mayer— City of Tigard
t
APPROVED AS TO FORM.
i
City Attorney
(BJ:pm/1092A)
RESOLUTION No. 83—
Page 2
1
EXHIBIT A
METRO
Camra7unications,Inc.
May 26, 1983 .
Mr. William J. Tierney
Metropolitan Area Communications Commission
P. O. Box 1957
Beaverton, OR 97075
Dear Bill,
After much consideration it is the decision of Storer Metro Com-
munications, Inc. to accept the City of Wilsonville, Oregon as
part of our commitment to the Metropolitan Area Communications
Commission.
Extension of the system into the Wilsonville area, however, cannot
be included as part of existing construction commitment requiring
completion by June 8, 2984. It is reasonable to believe that
construction for Wilsonville would be completed sometime in the
fall.
If there are further questions regarding our interest in the
community, please advise.
Sincerely,
fes: si��""c�•�-_��\
W. Douglas ,.'ilson
Oregon Area Manager
1,'DW/ct
I'' f
f
STORER METRO COMMUNICATIONS,INC.
14200 S.W.Brigadoon Court,P.O.Box 1955,Beaverton,Oregon 97075
503/644-3188
EXHIBIT B
E\HIB I'^ 5
"4.19 Addendum to le,ilsonville Franchise Azzreement
Regarding Construction Schedule. As required by Grantee as a
condition of approval to the city of Wilsonville 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 completion of
system construction within twenty-four months of commencement
thereof, shall not apply. Instead, grantee agrees to complete
system construction and have activated no later than December 31,
1384, the residential subscriber network to serve the following
specific areas of the city:
A. The following subdivisions within the city of Wilsonville
as their boundaries are established by- the official final
plat of record.
1. the Montebello Subdivision;
2. the Serene Acres Subdivision;,
3. the ^_harbonneau Subdivision; and-
4. the Courtside Estates Subdivision,-
B.
ubdivision,B. within the _.._ire area of the city known as "Old '^own.
which is bounded generally by Wilsonville Road on the
north, Interstate Highway 5 (I-5) on the east, the
Willamette River on the south and the Burlington Northern
itailroad -n the
C. Upon request of the owner, to the folloF:ing private
propertie-L:
1. Thunderbird Mobile Home Park;,
2. Walnut Park Mobile Court; t ,
3. Wilsonville Mobile Park;
i
4. Oak View Condominiums; and
5. Wood Leaf Apartments.
r
Although ' ilsonville is witnin the Initial Service Area (ISA) i
s
y
EXHIBIT B
■
o: the franchise area, 'service shall be made available to all other
dwelling units in the remainder of the city of Wilsonville 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 NetworX '
All other provisions of Section 4 Construction and Service
Requirements of the Franchise Agreement shall be fully applicable,
including the relevant provisions of Section 4.2, thereof."
LEGAL FORM APPROVE[,
C CT 4 - 1983
f
EXHIBIT 5 - Daae 2