Resolution No. 89-66 CITY OF TIGARD, OREGON
RESOLUTION NO. 89-y
$ A RESOLUTION PROVIDING THE CITY OF TIGARD AUTHORIZATION FOR THE AMENDMENT OF
BOTH THE INTERGOVERNMENTAL AGREEMENT ENTITLED, "INTERGOVERNMENTAL COOPERATION
AGREEMENT - METROPOLITAN AREA COMMUNICATIONS COMMISSION" A14D THE ADOPTED CABLE
CoFMUNICATIONS SYSTEM FRANCHISE AGREEMENT TO PERMIT AND AUTHORIZE THE C11Y OF
GASTON, OREGON TO BECOME A MEMBER OF THE METROPOLI`PAN AREA COMMUNICATIONS
COMMISSION AND A PARTY TO THE yRANCHISE AGREEMENT, AS ADDENDED FOR GASTON.
WHEREAS, subsequent to the adoption of the Cable Cowraunications System
Franchise Agreement (hereafter Franchise Agreement) between the jurisdictions
participating in the Metropolitan Area Co.matirtications Commission (herbaftc.r
Commission) and Columbia Cable of Oregon (hereafter Grantee), and subsequent
to acceptance of the franchise Agreement by Grantee, the City of Gaston,
Oregon, requested that it be permitted to become a member of the Commission by
amendment of the Intergovernmental Cooperation Agreement - Metropolitan Area
Communicatious Commission (hereafter Intergoveraunental Agreement) and further,
by amendment of the adopted Franchise Agreement that it become a part to the
franchise Agreement with Grantee; and
WHEREAS, Section 9.C. Of the Intergovernmental A.graementprovides that the
Commission stay allow other units of local go✓e :stent to enter into the
Intergovernmental Agreement, subject to the possib]n imposition of art entrance
fee or cost; and
WHEREAS, it would constitute an amendment of the Intergovernmental Agreer:ent
to add the City of Gaston as a member of the Commission and Section 9.E. GE
the Intergovernmental Agreement requires written authorization by the
governing bodies of all members of the Cotrmi.ssion for any amendment to the
Mntergovernmantal Agreement subsequent to Conunission approval Of the Request
for Proposal; and
WHEREA=S. it would constitute an amendment of the Franchise Agreement adopted
by the jurisdictions cosapvising the Commission to allow the City of Gaston to
enter into and become a parts` to the Franchise Agreement withra t each
e, nd
such amendment requires the written concurrence of the governing y
member jurisdiction of the Commission; and
WHEREAS, as a condition of approval by Grantee, the Franchise Agreement
between the City of Gaston and Grantee shall contain an addendum which
establishes a construction conpletion date in the City Of thirty (30) days of
grant of Franchise; and
WHEREAS. the Gaston City Council, by resolution will, subsequent to final
Commission approval of their Request for Membership, authorize Gaston's
entering into the Intergovernmental Agreement, ratify and approve Commission
Resolutions No. 81-1 through 81-6; 82-2 through 82-8; 83--1 through 83--9; 84-1
a_r,.,,,ug aa_9 85-I through 85-6; 86-1 through 86 -4; .--= inrough S7-10; 88-1
through 88-11; and, 89-1 through 89-5, which amended the wrlgi.ral
RFSSOLUTIO12 NO. 89'- tp.9ly
Page I
Intergovernmental Agreement, and R-solution 82-1, which approved the
construction schedule submitted by Grantee and established February iO, 1982
as the effective date of the Franchise anal wi11 appoint. a Coamissioner and an
Alternate Commissioner to represent the City; and
WHEREAS, Grantee has agreed in writingto the, additi.on of the City of Gaston
to the Conntiissio-a and as a party to t.ne Franchise Agreement, providing there
is an addendum made to the Franchise Agreement between Gaston and Grantee,
which establishes a nate for completion of system construction in the City of
thirty (50) days of gran*_ of Franchise; and
WHEREAS, copies of said Agreement by Grantee an, the addendurt are attached
hereto, marked "Exhibit. A". and "Exhibit 8", respectively, and by reference
incorporated into this resolution as though fully set forth herein; and
WHEREAS, the Commission has considered the requ<st and tentatively concurred
on June 21. 1989. to amend both the int ergo vernmenta I Agreement and the
ado%,ted Franchise Agreement, providing the governing bodies of all members of
the Commission authorize and concur with such amendments; and
WHEREAS, the City Coun;:il having considered the matte_ and having deemed it to
be in the test interest and general welfare to the citizens of the City of
Tigard to authorize the amendments to the Intergovernmizntal Agreement and the
Franchise Agreement by allowing the City of Gaston, Oregon to join the
Commission as a full member and become a party to the Franchise Agreement;
NOW THEREFORE, BE IT RESOLVED by the Tigard City Council that:
section I: The Commission is hereby ..uti-orized by the City of Tigard to
amend the Intergovennmental Agreement and Franchise Agreement as
necessary and as requested by Grantee regarding the construction
schedule to allow the City of Gaston, Oregon to enter into the
Intergovernmental Agreement and become a full member of fhe
Co:mcission and become a party to the Franchise Agreement, with
all the attendant rights, 1-1.ities and obligations arising from
both agreements, such author_2�.ation and concurrence being given
in accordance with and as required by section 9.E. of the
Intergovernmental Agreement and Section 1.5 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.
i
RESOLUTION bio. 89-1(E
Page 2 _
Section 3: The City Recorder shall deliver forthwith a true copy of this
Resolution to the Administrator of the Commission.
PASSED: by //ilk/) a/" 7� JS vote of all Council members present after
being1989$ cead by number and title only, this<?S`_" day of rLt�L�L,2--All 6
_
s=,�
zzi tic,
City Recorder, City of Tiga)6d
APPROVED: This �---}$E� dayc.
1 R9.
May 1tY o agar
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RESOLUTION 8O. 89-
Page 3
EXHIBIT "A"
COLUMBIA
14200 SN BNga000n Cour!
Beaverton,OR 97005.(503)644-3188
July 12, 1989
Bruce Crest
Administrator
Metropolitan Area Communicatio:is Commission
1815 NW 165th Place, Suite 6020
Beaverton, Oregon. 97006-4886
Dear Bruce:
Columbia Cable of Oregon would like to provide cable
television service to the City of Gaston, Oregon. We agree
With Gaston joining the Commission for this purpose and
becoming a party to our existing Franchise Agreement with
MACC.
However, we would propose that the existing construction time
lines be amended to provide a 30 day period after the grant
of the Franchise for construction and activation of the
system within Gaston.
Other Franchise provisions, as amen=ded, would continue to
apply.
Thank you for your assistance.
Frank Se
General Manager
FS:km
EXHIBIT B
"4.21 Addendum to Gaston Franchise Agreement Recrarding
Construction Schedule. As required by Grantee as a condition of
approval to the City of Gaston becoming a member jurisdiction of
the Commission, with all attendant powers, rights and
responsibilities of membership, the specific requirements of
Section 4.2 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 within thirty (30) days of
grant of Franchise, the residential .subscriber network to serve
the City of Gaston.
If the City of Gaston expands due to annexation or other means,
service shall be made available to the neer area(s) upon the same
basis as required in Section 4.5 Provisiev of ;ze_sirip t;L4 . S e_ry ce
of the Franchise Agreement as amended in 1935.
All public buildings and facilities shall be served by the
Institutional Subscriber Network (commonly known as the Public
Communications Network) as provided for in the Cable
Communications System Franchise Agrs-ement and subsequent 1985
Amendment (Section IV.) , between the jurisdictions and Grantee,
effective date February 10, 1982.
All other provisions of Section 4. Construction and Service
Requirements of the Franchise Agrcement, as amended, shall be
Rally applicable, including relevant provisions of Section 4.2,
thereof."
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