Resolution No. 88-22 CITY OF TIGARD, OREGON
r:
A RESOLUTION OF THE TIGARD CITY COUNCIL (1) CONSENTING TO THE TRANSFER OF THE
FRANCHISE HELD BY TIDEL COMMUNICATIONS, INC., TO WILLAMETTE
CABLE TELEVISION WILLAMETTE CABLE TV,
CABLE TV, INC.; (2) CONSENTING TO A CHANGE IN CONTROL OF WILLAME
INC.; (3) AUTHORIZING AMENDMENT OF THE CABLE COMIiUNI CATIONS SYSTEM FRANCHISE
HE OLAREA
AGREEMENT; (4) AUTHORIZING
UNDERSTANDING TH WILLAMETTENI
CABI ON TV, INC.; AND,
ENTER A MEMORANDUM
EEMENT
(5) AUTHORIZING THE AMENDMENT OF CO iN CATIONS C MMI SIONpEAND1O ITSMEMBER
BETWEEN THE METROPOLITAN AREA
JURISDICTIONS.
WHEREAS, the City
of Tigard (Washington County) is a member of the
� Metropolitan Area Communications Commission (MACC); and
MACC entered into a Cable Communications System
WHEREAS, the members of
Franrhise Agreement (Franchise Agreement) with Storer Metro Comes nications,
Inc. (Storer); and
fer of the
ble television
WHEREAS, the members of MACC approved the ns.traInc (Tidel),aand authorized
franchise from Storer to Tidel Communications,
Tidel's assignment of the franchise OD-
-
to Willamette Cable TV, Inc.
(Willamette); and
w'HEREAS, pursuant to Section 3.5 and Section 3.6 of the Franchise Agreement,
as requested that television franchise be transferred to
the cable
in the
Wilametad that hange
tolbecome a ncorporation ewholly be a Gowned by Columbia rCable of Oregonol of
ando^^d
..
r determined Columbia has the legate,
WHEREAS. MACC considered the request; - - ^^^^rdtnq
technical, and financial qualifications to operate L$e ca— swat=m
to he ter s and odti
n i02o(MACC Resolution),ns Of the satt ched and incorporated herein
Agreement, and by adoption f
recommended to its member jurisdictions that they consent to t the transfer in
of
the franche and to conju ctionistherewith, tthe member jurisdictions authorizeWillamhe change in ownership ofeamendmentste and h to the
MACC to enter a Memorandum of. Understanding
Franchise Agreement, authorize
with Willamette and authorize the and amendment
of the Intergovernmental
Cooperation Agreement establishing MA
deems it to be in the furtherance of the
WHEREAS, the Tigard City Council
Willamette, to authorize
public interest and welfare of its citizens to consent to the transfer of the
franchiae, to consent to the change in ownership of
the recommended amendments to the Franchise Agreement, to authorize MACC rn
Understanding with Willamette, authorize
enter the Memorandum of Cooperation Agreement
recommended amendment of the Intergovernmental P
establishing MACC.
RESOLUTION NO. oB' Q"]
Page 1
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council as follows:
Thz city Council hereby consents to the transfer of tb cable
television franchise now held by 'riael to dillawetta, a=d t
in control of Willamette whereby Willamette would become a corporation
wholly owned by Columbia.
A. This consent is contingent upon the unanimous consent of the MACC
jurisdictions to the transfer.
C. This consent is contingent upon Colombia's filing of the following
documents with MACC as set forth in paragraph F of the MACC Resolution:
1. Formal acceptance of the Franchise Agreement, indicating
Columbia's agreement that Willamette will be b—nn by all the
teras and conditions thereof.
2. Formal acceptance of the proposed amendments to the Franchise
Agreement, indicating Columbia's agreement that Willamette will be
bound by all the terms and conditions thereof as with all other
terms and conditions of the Franchise Agreement.
3. Formal acceptanta of the Memorandum of Understanding between MACC
and Willamette indicating Columbia's agreement that Willamette
will be bound by all the terms and conditions thereof.
4. A certificate of insurance pursuant to Section 9.5 of the
Franchise Agreement.
5. Evidence that a security fund of $100,000 has been deposited in a
bank account maintained by MACC, pursuant to Section 9.2 of the
Franchise Agreement, as amended by the amendments to the Franchise
Agreement.
�e o. Proof of the posting of a 5250,000 faithful performance bond,
pursuant to Section ".3 of the Franchise Agreement_, as amended by
the amendments to the Franchise Agreement.
7. Evidence that Columbia's financing for the purchase of the cable
system and franchise is essentially the same as that presented to
MACC, its staff, consultants and legal counsel, and evidence that
such financing is secure and complete.
8. Payment by Columbia to MACC of $22,500 as Columbia's contribution
to the costs of the franchise transfer.
D. This consent is also contingent upon MACC's determination that all
issues with Tidel have been resolved satisfactorily.
E. The Tigard City Council hereby consents to and authorizes the
amendments to the Franchise Agreement, Exhibit 2 to the MACC
Resolution.
RESOLUTION NO. 88—�;�
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F. The Tigard City Council hereby consents to and authorizes MACC to
enter the Memorandum of Understanding with Willamette, Exhibit 3 to
the MACC resolution.
G. The Tigard City Council —ts to and authorizes the
amendment of the Intergovernmental Cooperation Agreement establishing
MACC as set forth in Exhibit 4 to the MACC resolution.
H. The City Recorder is authorized to file as executed true and correct
copy of this re---lution with MACC.
PASSED: This EFi day of r��Gt.7�f�i�_� gyp, 1988.
ATTEST: Mayor — City of Tigard
6t-t4U2A J--1 Ll)A-0 - -
Deputy City Recorder — i5itV of Tigard
APPROVED AS TO FORM:
ir "'City Recorder
:E�
Date
®
ht/3494D
RESOLUTION NO. 88—d of
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