Resolution No. 99-61 CITY OF TIGARD,OREGON
RESOLUTION NO.99- (Q`
A RESOLUTION OF THE CITY OF TIGARD APPROVING THE REQUEST BY THE CITY OF
WILSONVILLE TO WITHDRAW FROM MEMBERSHIP IN THE METROPOLITAN AREA
COMMUNICATIONS COMMISSION.
WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter MACC) was
formed by Intergovernmental Agreement (hereinafter IGA) to enable its member jurisdictions to work
cooperatively rnd jointly on communications issues,in particular the joint franchising of cable services and
the common administration and regulation of such franchise agreements,and
WHEREAS,the City of Wilsonville is a member of MACC,having adopted an authorizing resolution as
contemplated by Section 7 of the IGA;and
WHEREAS, the IGA requires, in Section 8.13, that a member may not unilaterally withdraw from
® membership in MACC uniess said withdrawal is agreed to by all other parties to'u,e IGA;and
® ,..EREAS,the City of Wilsonville, at their June 7, 1999 Council Meeting,adopted a resolution which '
formally requested that the City be allowed to withdraw its membership in MACC;and
WHEREAS, the MACC Board of Commissioners has considered the impact of the requested action by
Wilsonville,and in particular,the anticipated impact of the proposed withdrawal on the ability of remaining
members of the Commission W filly and effectively maintain their joint,cooperative effort in furtherance
of the purposes of the IGA;and
WHEREAS, the MACC Board of Commissioners found that the withdrawal of the City of Wilsonville
would not adversely affect the other member jurisdictions, and that it would be in the public interest to
allow those jurisdictions to continue to move forward to address the important issues facing the
Commission and its members, and adopted Resolution number 99-04 (Exhibit A) recommending that
Wilsonville be granted permission to withdraw from membership in MACC;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Consent be given to the City of Wilsonville to withdraw from mernbc-ship in MACC
effective with the close of the fiscal year ending June 30,1999.
SECTION 2: The consent granted by this resolution is qualified by each of the following conditions:
j 1. MACC staff has verified that each remaining member jurisdiction of MACC has
consented to the request from Wilsonville to withdraw from MACC.
7 2. An accounting of funds paid by and/or owed by Wilsonville as a result of its
membership in MACC during the fiscal year ending June 30, 1999, shall be made by
MACC staff and forwarded to the full commission for review and approval, or
RESOLUTION NO.99--(P�
Page 1
modification, at the next regularly scheduled meeting of the full commission. Such
accounting shall recommend an allocation of proceeds, which addresses the proposed
effective date of Wilsonville's withdrawal from membership.
PASSED: This day or sf— 1999.
Mayo rty of Tigard
ATTEST:
I! 4i;' !CO r-City of Tigard iV-t
i�edmUaYesop72999.Aoe
III
f
R RSOLUTTON NO.99-L pl
Page 2
r
RESOLU'T'ION 99-04
A RESOLUTION RECOMMENDING THAT THE MACC MEMBER
JUIUSDICTIONS CONSENT TO THE CITY OF WILSONVILLE'S REQUEST
TO WITHDRAW FROM MEMBERSHIP IN TIF COMMISSION
WHEREAS,in 1980 the Metropolitan Area Communications Commission(hereinafter
MACC)was formed by Intergovernmental Agreement(hereinafter IGA)to enable its
member jurisdictions to work cooperatively and jointly on communications issues,in
particular the joint franchising of cable services and the common administration and
regulation of such franchih,�;agreements,and
WHEREAS,the City of Wilsonville is a member of MACC,having adopted an
authorizing resolution as contemplated by Section 7 of the IGA;and
WHEREAS,the IGA requires,at Section 8.13 that a member may not unilaterally
withdraw from membership in MACC unless said withdrawal is agreed upon by all the
other parties to the IGA;and
WHEREAS,the City of Wilsonville has formally requested that they be allowed to
withdraw from MACC effective June 3 1999;and
WHEREAS,the Pull Commission,at its June 9,1999 meeting,reviewed the City of
Wilsonville's request to leave MACC,has considered the impact of the requested action
by the City of Wilsonville,and in particular the anticipated impact of the proposed
termination on the ability of the remaining members of the Commission to fully and
effectively maintain their joint,cooperative effort in furtherance of the purposes of the
IGA;and
WHEREAS,the full Commission found that the withdrawal from membership by the
City of Wilsonville would not adversely affect the other member jurisdictions,and would
be in the public interest to allow jurisdictions to continue to move forward to address the
important issues facing the Commission and its members.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF
a COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS
a
COMMISSION AS FOLLOWS:
a 1)The Commission recommends that the member jurisdictions consent to the City of
i Wilsonville's request to withdraw from membership in MACC. Said withdrawal,if
approved,should be conditioned upon the following requirement:
An accounting of the funds paid by and/or owed by Wilsonville as a result of its
membership in MACC during the current fiscal year ending June 30,1999 shall be made
by MAIC staff and forwarded to the fluli Comirnission ft-r re:^.e:'.'and approval or
rr-
-
Resolution 99-04,p.2
modification at the next regularly scheduled meeting of the full Commission. Such
accounting shall recommend an allocation of proceeds,which addresses the proposed
effective date of the City of Wilsonviile's withdrawal from membership.
ADOPTED BY THE BOARD OF COMMISSIONERS OF THE MZTROPOLTTAN
AREA COMMUNICATIONS COMMLSSION this 9th day of June,1999
Bill klammer,Chair.
n
N ,
RESOLUTION NO.1556
A RESOLUTION TIERMINATIN('WILSONVI lL,_r VS PARTICIPATION IN TIM
METROPOLITAN AREA COMMUNICATIONS COMMISSION.
WHEREAS,in 1980,a number of jurisdictions in the Portland metropolitan area
entered into an intergovernmental agreement pursuant to ORS 190.003 to 190.110 to
create the Metropolitan Area Communications Cornmission .`or the purposes of
negotiating a joint cable television service frsachise agreement for the member
jurisdictions and enforcing the various provisions of that agreement;and
tivtii~ttEAJ, this cooperative effort gave each member jurisdiction a level of
regulatory capability it could not have enjoyed individually;and
V43EREAS, in 1983,the City of Wilsonville, via City Council Resolution No.
342,joined the Metropolitan Area Communications Commission and has since remained
a member in good stead;and
WHEREAS, changes in federal law since 1983 have had the effect of severely
restricting local regulatory authority over cable television providers;and
WHEREAS. Wilsonville today enjoys the resources and staff capability to
effectively monitor and enforce its franchise agreement with its cable service provider as
well as those provisions of federal cable regulation still within the purview of local
i government;and
i
iWHEREAS,the City Council funds that the cost of continued memberh p in the
Metropolitan:.cca Communications Commission o•----ighs the benefits of mcm-mnbe--ship
in the Commission;
RESOLUTION NO.1556 PAGE I OF 2
NOW, THEREFORE, THE CITY OF WILS01WILLE RESOLVES AS
FOLLOWS:
I. The City of Wilsonville terminates its participation in the Metropolitan Area
Communications Commission effective duly I, 1999,pursuant to section S.B of the
intergovernmental z3reea:,mt (Exhibit A. Resolution No. 342) entered into by the
City on August 1, 1993;and
2. The City of Wilsonville requests that the staff of the Metropolitan Area
Communications Commission forward to the other member jtrtisdictions of the
Commission a resolution ratifying Wilsonville's withdrawal from the Commission,
pursuant to sections 4.D and S.B of the intergovernmental agreement.
ADOPTED by the, Wilngrarille City Council at a regular meting thereof this 71"
Clay of lune,1999,and filed with the Wilsonvi Recorder
CHARLOTTE LEHAN,MAYOR
ATTEST:
Sandra C.King,CMC,City Recorder
i
SUU MARY OF VOTES:
Mayor Lehan Yes
_CouneilorHelser Yes
j Councilor Barton Yes
I Cotincilor Kirk Yes
Councilor Holt Yes
t PJ SOLUTION NO.1556 PAGE 2 OF 2
N-�C1[y Reeo1da�Rernl.,tien.�taes7 SSF_dne