Resolution No. 99-66 CITY OF TIGARD,OREGON
RESOLUTION NO. 99- � rJ_
AN RESOLUTION OF THE CITY OF TIGARD CHANGING THE DESIGNATED FRANCHISE
HOLDER OF THE TCI CABLE SERVICES AGREEMENT FROM TCI OF OREGON,INC.TO
TCI OF TUALATIN VALLEY,INC.,WHOSE PARENT COMPANY IS TCI CABLEVISION OF
OREGON,INC.
WHEREAS, in 1980 the Metropolitan Area Communications Commission(hereinafter"MACC")
was formed by Intergovernmental Agreement (hereinafter "IGA') to enable its member
jurisdictions(hereinafter"the 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 franchise agreements,and the city of Tigard is a member of MACC;and,
WHEREAS, the MACC and the Jurisdictions granted a joint cable services franchise agreement
(hereinafter "Agreement") effective February 1, 1999 to TCI Cablevision of Oregon, Inc.
(hereinafter"TCIO");and,
WHEREAS, TCIO has since formally notified MACC that a "scrivener's error" was made in
drafting the Agreement which incorrectly designates TCIO as the "franchise holder" when the
actual designated"franchise holder"should be"TCI of Tualatin Valley,Inc.(hereinafter"TCITV"),
whose parent is TCI Cablevision of Oregon,Inc.";and,
WHEREAS, TCIO has formally requested that the"franchise holder" designation be corrected by
MACC and the Jurisdictions;and,
WHEREAS, MACC, on behalf of the Jurisdictions,has reviewed TCIO's request and agrees that
the designated"franchise holder"should be changed;and,
WHEREAS, MACC, at its March 31, 1999 meeting,passed Resolution 99-01 (copy attached as
Exhibit A)which recommends that the member jurisdiction's consent to changing the designation
of"franchise holder"to"TCI of Tualatin Valley,Inc.,whose parent company is TCI Cablevision of
Oregon,Inc.";and,
WHEREAS,the IGA requires the Jurisdictions to formally approve such changes to the franchise
agreement.
i
NOW,THEREFORE,IT IS RESOLVED by the Tigard City Council that:
Section !: A"scrivener's error"was r—.adc ira drafting the cable services franchise agreement
between Tigard and TCI,adopted the 20 day of January,by Resolution No.99-04 in
that the designated"franchise holder"of the Agreement is incorrect.
Section 2: Resolution No.99-04 adopting the franchise be amended so that the designated
"franchise holder"in the TCI Franchise agreement is changed to read,"TCI of
Tualatin Valley,Inc.,whose parent company is TCI Cablevision of Oregon,Inc."
PASSED: This AAday of 1999.
—City of Tigazd
ATTEST:
_9j_ �'nZ (A
ity Recorder—City of Tigard
Attachment Exhibit A:MACC Resolution 99-01
*Executed copy to be filed with MACC.
s
® f
RESOLUTION No.99tg&
Page 2
SEP-17-1959 11:30 MACC-METRO Cr_" COMMISSION 503+5450999 P.02
MET RGpO"rAN AREA COAIMOlEICATIONS CONIMIISSION
RESOLUTION 99-01
A RESOLUTION RECOMMENDING THAT THE MACC MEMBER
JURISDICTIONS CORRECT A"SCRIVENER'S ERROR"IN THE TCI
FRANCHISE AGREEMENT
WHEREAS,in 19SO the Metropolitan Area Communications Commission(hereinafter
MACC)was formed by Intergovernmental Agreement(hereinafter 1GA-)to work
cooperatively and jointly on communications issues,in particular the joint franchising of
cable services and the common administration and regulation of such franchise agreements;
and,
WHEREAS,today the member jurisdictions of MACC(hereinafter the Jurisdictions)consist
of Washington County and.the cities of Banks,Beaverton,Cornelius,Durham,Forest Grove,
Gaston,Hillsboro,King City,Lake Oswego,North Plains,Rivergrove,Tigard,Tualatin,and
Wilsonville;and,
WHEREAS,the Jurisdictions granted to TCI of Oregon,Inc.(hereinafter TCIO)a ne�v joint
franchise agreement(hereinafter Agreement)for cable services effective February 1,1999;
and,
WHEREAS,subsequent to the Agreement,TC10 notified MACC that the new Agreement
contained a"scrivener's error"in that it incorrectly designated TCIO as the"franchise holder"
of the Agreement;and,
WHEREAS,TCIO,by letter on March 9,1999(copy attached),requested that MACC and
the Jurisdictions formally correct that"scrivener's error"by designating"TCI of the Tualatin
Valley,Inc.,whose parent company is TCI of Oregon,Inc.",as the correct"franchise
holder;"and,
WHEREAS,the IGA requires the Jurisdictions to formally approve such changes to the
franchise agreement;and,
WHEREAS,the MACC Board of Commissioners is prepared to recommend that the
jurisdictions consent to TCIO's request to correct the"scrivener's error."
NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS .
j OF THE METROPOLITAN AREA COMMUNICATIONS CO'NnSISSION THAT
1. A"scrivener's error"was made in the new TCI franchise agreement incorrectly
designating TCIO as the"franchise holder."
SEP-17-1999 11:30 MACC-PETRO COM COhM/ISSION 503+6450999 P.03
AVACC Resolullon#99-01.p.2
2. This error should be corrected and that the phrase,"TCI of the Tualatin Valley,Inc.,
whose parent company is TCI of Oregon.Inc."should be the designated"franchise
holder'of the new Agreement.
3. MACC recommends to its member j urisdictions that they concur with its findings and that
they further consent to change the designation of"franchise holder"of the new Agreement
from TCIO,to`"TCI of the Tualatin.Ve'.':y,Inc..whose parent company is TCI of Oregon.
Inc."
4. The member jurisdictions'consent to this change shall be contingent on the affirmative
vote of each jurisdiction's governing body as verified by MACC.
ADOPTED BY T13E BOARD OF CONIrmaSSIONERS OF THE METROPOLITAN
AREA COMMUNICATIONS COMMISSION THIS 31'DAY OF MARCH OF 1999.
$iIl er,Chair of the:Board
TOTAL P.03
CITY OF TIGARD,OREGON
® RESOLUTION NO.99-Oaf
A RESOLUTION GRANTING A RENEWAL OF A NON-EXCLUSIVE CABLE TELEVISION
FRANCHISE AGREEMENT TO TCI OF OREGON,INC.
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 franchise agreements, and the City of Tigard is a
member of MACC;and
WHEREAS,the IGA authorizes NACC and its jurisdictions to grant one or more non-exclusive franchise
agreements for the construction,operation,and maintenance of a cable service system within the combined
boundaries of the member jurisdictions;and
WHEREAS,the IGA requires that each member jurisdiction must formally approve any joint cable service
franchise agreement so granted;and
WHEREAS, MACC and its member jurisdictions granted a joint franchise agreement in 1982, which
franchise is now owned by TCI Cablevision of Oregon,Inc., (hereinafter"TCP') and which expires on
qW February 10,1999;and
WHEREAS, TCI has properly requested that its franchise agreement with MACC and its member
jurisdictions be renewed in accordance with federal law;and
WHEREAS, MACC, on behalf of its member jurisdictions, and in accordance with direction from the
MACC Board, has assessed the future cable-related needs and desires of the fifteen communities
represented by the member jurisdictions and has incorporated those needs and desires into the provisions of
a proposed renewal of the Agreement;and
WHEREAS, the MACC Board, by Resolution 98-4 adopted on the 170' day of November, 1998,
recommended that its member jurisdictions grant a renewal of the Agreement,which renewal is attached
hereto as Exhibit"A";
H
o NOW TREERFFORF,BE IT RESOLVED by the Tigard City Council that:
Section 1: There is hereby granted to TCI Cablevision of Oregon,Inc.,a renewal of its existing non-
4 exclusive franchise on the terms and conditions contained in Exhibit "A". This non-
exclusive grant authorizes the provision of cable services within the jurisdictional
boundaries of the City as:aid boundaries presently exist or maybe amended.
IMF
RESOL-LJTION No.99-6-4
Page 1
Section 2: The grant of franchise at Section 1 is conditioned upon each of the following events:
a. The affirmative vote of the governing body of each MACC member jurisdiction;
b. TCI>s fulfillment of the franchise acceptance provisions contained in Section 2 of
the Agreement;and
C. Formal written determination by MACC staff that each of the above two events have
occurred.
Section 3: The grant of this franchise is effective February 1,1999.
PASSED: This�day 2A,,t %Mayo
"Tigard
ATTEST:
City Recorder—City of Tigaz
i:\citywidcb'din c.dot\%TIC333\USR\DEPTSWDM\IIMtACCRES.DOC.DOT
7
i
i
i
RFSOUiTIGNT 140.
-
Page 2
METROPOLITAN AREA COMMUNICATIONS COMMISSION
RESOLUTION 98-4
A RESOLUTION RECOMMENDING TO THE MEMBER JURISDICTIONS OF THE
METROPOLITAN AREA COMMUNICATIONS COMMISSION THAT THEY
GRANT TCI OF OREGON,INC.A RENEWAL OF ITS CABLE SERVICES
FRANCHISE AGREEMENT
WHEREAS,in 1980 the Metropolitan Area Communications Commission(hereinafter
MACC)was formed by Intergovernmental Agreement Chereinafter IGA)to work cooperatively
and jointly on communications issues,in particular the joint franchising of cable services and .
the common administration,and regulation of such franchise agreements;and,
WHEREAS,today the member jurisdictions of MACC consist of Washington County and the
cities of Banks,Beaverton,'Comelius,Durham,Forest Grove,Gaston,Hillsboro,King City,
Lake Oswego,North Plains,Rivergrove,Sherwood,Tigard,Tualatin,Wilsonville;and,
WHEREAS,the IGA authorizes MACC and its jurisdictions to grant one or more
nonexclusive franchise agreements to.construct,operate,and maintain a cable service system
within the combined boundaries of the member jurisdictions;and,
WHEREAS,the IGA requires that each member jurisdiction must formally approve any joint
cable service franchise agreements;and,
WHEREAS.MACC and its member jurisdictions granted a joint franchise agreement for cable
service in 1982,which is now owned by TCI of Oregon Inc.(hereinafter TC11),and which
expires on February 10,1999;and,
WHEREAS,TCI has properly requested that its franchise agreement with the MACC and its
member jurisdictions be renewed;and,
WHEREAS,the MACC Board of Commissioners adopted Resolution 496-2 on March 20,
1996 authorizing commencement of renewal proceedings and directing staff to implement the
necessary processes and procedures to do so-,and,
WHEREAS,MACC,on behalf of its member jurisdictions,has assessed the future cable
related:eeds ar?desires of the many communities represented by the jurisdictions,and have
incorporated those needs into the provisions of the new franchise agreement;and,
WHEREAS,MACC,on behalf of its member jurisdictions,has considered the legal,technical
and the financial ability of TCI to own and operate the cable system under a new franchise;and,
WHEREAS,MACC,on behalf of its member jurisdictions,after such consideration,analysis,
and deliberation as are required by law,has approved and found sufficient the financial,
technical_and legal qualifications of TCI to provide cable services;and,
Resolution 98-4
pg 2
WHEREAS,MACC,on behalf of its member jurisdictions,has negotiated a new franchise
agreement with TCI based on the needs and desires of the MACC communities;and,
WHEREAS,MACC has provided adequate notice and opportunities for public comment on
the proposed new franchise agreement for cable service;and,
WHEREAS,the MACC Board of Commissioners,after careful consideration is prepared to
recommend to the member jurisdictions that they grant TCI a rnewal of their cable services
franchise agreement.
NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE METROPOLITAN AREA COMMUNICATIONS COMMISSION THAT:
1.M ACC and TCI have negotiated a cable services franchise agreement to serve the combined
boundaries of the member jurisdictions.
2.The proposed franchise agreement reflects the needs and desires of the many communities
represented in the jurisdictions.
3.TCI has the legal,technical and financial qualifications to own and operate.the proposed
cable services system.
4.MACC recommends to its member jurisdictions that they concur with its findings and that
they grant TCI a cable services franchise agreement based on the terms and conditions
contained in the proposed agreement contained herein as Exhibit A.
S.The member jurisdictions' grant of a joint franchise agreement shall be contingent on the
affirmative vote of each jurisdiction's governing body
6. The ruember jurisdictions'grant of a cable services franchise agreement to TCI shall
become effective upon TCI's fulfillment of the franchise acceptance provisions contained in the
4 franchise agreement and upon the formal determination of the MACC staff that the jurisdictions
G have so consented.
0
Resolution 984,p.3
ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN
AREA COMMUNICATIONS COMMISSION THIS 17TH DAY OF NOVEMBER 1998_
5
CF.�1atin as Chair
I
WY OF TIGARD
OREGON
September 20, 1999
Sarah Hackett
MACC
1815 NW 169u'Race Suite 6020
Beaverton OR 97006-4886
Dear Ms.Hackett:
Enclosed is a copy of Resolution No.99-66 adopted by the Tigard City Council on
September 14, 1999. This Resolution_changed the designated franchise holder of the TCI Cable
Services Agreement to TCI of Tualatin Valley,Inc.
If you have any questions,please call me at(503)639-4171,ext.555.
Sincerely,
Greer A.Gaston
City Administration
� iAenyW�aken a.aoc
ti
1
7 .
I
1
I
13125 SW Hall Blvd.,Tigard,OR 97223(503)639-4171 TDD(503)684-2772 �