Resolution No. 86-81 -T
CITY OF TIGARD, OREGON
RESOLUTION NO, 86—
A RF$OLtITTON CONSENTING TO THE TRANSFER OF THE CABLE COMMUNICATIONS FRANCHISE
AGREEMENT TO TIDEL COMMUNICATIONS, INC. FROM STORER METRO COMMUNICATIONS, INC.
WHEREAS, the City of Tigard is a member of the Metropolitan Area
Communications (hereinafter the Commission); and
WHEREAS, the members of the Commission entered into a certain Cable
Communications System Franchise Agreement Between the Jurisdictions
Participating in the Commission and Storer Metro Communications, Inc.
(hereinafter Grantee); and
WHEREAS, pursuant to Section 3.5 Franchise NonTransfer•able of the Agreement,
requested the Cable Communications Franchise be transferred to Tidel
Communications, Inc. (hereinafter, Tidel); and
WHEREAS, the Commission considered the request, determined Tidel has the
legal, technical and financial qualifications to operate the cable system
according to the terms and conditions of the Franchise Agreement, and by
adoption of Commission Resolution 86--02 (attached) recommended to the City of
Tigard that consent to be granted to transfer the Cable Communications
Franchise to Tidel from Grantee; and
WHEREAS, the Council has deemed it to be in the furtherance of the public
interest and welfare of the Citizens of the City of Tigard to consent to the
transfer of the Franchise.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
A. The City Council hereby grants its consent- t- transfer the Cable
Communications Franchise to Tidel from Grantee.
B. This consent is granted contingent upon unanimous consent of the member
jurisdictions of the Commission to the transfer and the filing by Tidel of
the following with the Commission in a form satisfactory to the Commission:
1. Formal acceptance of the Franchise Agreement indicating that Tidal
agrees to be bound by all terms and conditions t:-+areof; and
2. Certificate of Insurance pursuant to Section 9.5 of the Franchise
Agreement; and
3. aur __ that _ gIgr,_. i t y fund of $110000pursuant to Section 9.2., has
beer. deposited in a bank account maintained by the Commission, or
that Tidel has acquired the existing security fund originally
deposited by Grantee; and
A. Proof of the posting of a $100,000 faithful performance bond,
pursuant to Section 9.3; and
RESOLUTION NO. 86--
Page
6—Page 1
5. Evidence that the financing of the purchase of the cable system is
essentially the same as that presented to MACC staff and legal
(
counsel an June 17, 1986, and that all financing is completed.
and the Commission determining that all member jurisdictions have given
their consent to the transfer and Tidel has submitted the required
documents.
C. The Mayor is authorized to file with the Chairman of the Commission an
executed true and correct copy of this resolution and is authorized and
shall execute on behalf of the City a Cable Communications Franchise
Agreement redrafted to reflect the transfer of ownership. The Franchise
Agreement and two duplicate copies shall be executed and returned to the
Commission within thirty (30) days of receipt of the redrafted Franchise
Agreement by the City.
PASSED: This CIJ day of y— Af 1986.
Ci�gard
ATTEST:
L"beputy City Recorder — City of Tigard
(dc39)
RESOLUTION NO. 86-9/
Page 2
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