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Home My WebLink About161-01 RESOLUTION• RESOLUTION NO. 161-01 A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO CONTINUE TO OPERATE THE CABLE COMMUNICATIONS SYSTEM WHEREAS, the City of Fayetteville, Arkansas ("City") passed and adopted an Ordinance (hereinafter referred to as the "Franchise") granting a non-exclusive franchise; and WHEREAS, the Franchise is currently held by TCA Cable Partners ("TCA"); and WHEREAS, pursuant to Section 47 U.S.C. §546(a) TCA provided notification to the City of TCA's intent to seek renewal of the Franchise under 4 U.S.C. §546(a -g); and WHEREAS, pursuant to Section 47 U.S.C. §546(a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and TCA have agreed, pursuant to 47 U.S.C. §546(h), to conduct franchise renewal negotiations informally in an attempt to reach a mutually acceptable franchise agreement; and WHEREAS, the City and TCA are interested in continuing informal discussions and negotiations regarding franchise renewal; and WHEREAS, both the City and TCA desire to expressly reserve all of their respective rights under state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City hereby authorizes TCA to continue to operate the cable television system in the City of Fayetteville, in full compliance with all of the terms and conditions of the Franchise, for a period commencing on December 1, 2001 and continuing through either the date of which TCA's Franchise is either renewed or until June 30, 2002 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the following conditions: 1) The resolution being passed and adopted by the City Council of the City of Fayetteville, and; 0 NAME OF FILE: CROSS REFERENCE: Resolution No. 161-01 12/04/01 Resolution No. 161-01 12/06/01 Acceptance 12/04/01 Staff Review Form 12/06/01 Memo to Kit Williams, City Attorney, from Heather Woodruff, City Clerk NOTES: • • Res. 161-01 2) TCA's acceptance of this resolution and the franchise for the terms specified in paragraph (1) above, provided TCA accepts and agrees to this extension. PASSED AND APPROVED this 4th day of December, 2001. APPROVED: 1// DAN COODY, May F 0/EErE` • 0 ather Woodruff, City C1-rk By: • ACCEPTANCE Res. 161-01 TCA Cable Partners, hereby acknowledges the City of Fayetteville Resolution authorizing TCA Cable Partners to continue to operate the cable system December 1, 2001 through June 30, 2002 ("Resolution") attached hereto and hereby accepts each and every term, provision and recital of the Resolution and agrees to be bound by the terms and provisions of the Franchise in accordance with the Resolution. Dated: December Cv t , 2001 TCA CABLE PARTNERS 4.51/4 ‘.t('c$jJ:BSCRIBED AND SWORN to before me this 4 day of December, 2001 !x mission Expires: S``�� notary Public • • • RESOLUTION NO. VgIC A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO CONTINUE TO OPERATE THE CABLE COMMUNICATIONS SYSTEM WHEREAS, the City of Fayetteville, Arkansas ("City") passed and adopted an Ordinance (hereinafter referred to as the "Franchise) granting a non-exclusive franchise; and WHEREAS, the Franchise is currently held by TCA Cable Partners ("TCA"); and WHEREAS, pursuant to Section 47 U.S.C. §546(a) TCA provided notification to the City of TCA's intent to seek renewal of the Franchise under 4 U.S.C. §546(a -g); and WHEREAS, pursuant to Section 47 U.S.C. §546(a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and TCA have agreed, pursuant to 47 U.S.C. §546(h), to conduct franchise renewal negotiations informally in an attempt to reach a mutually acceptable franchise agreement; and WHEREAS, the City and TCA are interested in continuing informal discussions and negotiations regarding franchise renewal; and WHEREAS, both the City and TCA desire to expressly reserve all of their respective rights under state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City hereby authorizes TCA to continue to operate the cable television system in the City of Fayetteville, in full compliance with all of the terms and conditions of the Franchise, for a period commencing on December 1, 2001 and continuing through either the date of which TCA's Franchise is either renewed or until June 30, 2002 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the following conditions. 1) The resolution being passed and adopted by the City Council of the City of Fayetteville, and; 2) TCA's acceptance of this resolution and the franchise for the terms specified in paragraph (1) above, provided TCA accepts and agrees to this extension. PASSED AND APPROVED this 4th day of December, 2001 APPROVED: By: ATTEST: By: Heather Woodruff, City Clerk DAN * • DY, Mayor • • ACCEPTANCE TCA Cable Partners, hereby acknowledges the City of Fayetteville Resolution authorizing TCA Cable Partners to continue to operate the cable system December 1, 2001 through June 30, 2002 ("Resolution") attached hereto and hereby accepts each and every term, provision and recital of the Resolution and agrees to be bound by the terms and provisions of the Franchise in accordance with the Resolution.• Dated: December , 2001 TCA CABLE PARTNERS By: NIS YOCUM Its: SUBSCRIBED AND SWORN to before me this day of December, 2001. Notary Public My Commission Expires: • X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM FOR: COUNCIL MEETING OF December 4, 2001 MAYOR'S APPROVAL FROM: Kit Williams Name Legal Division City Attorney Department ACTION REQUIRED: A Resolution Authorizing TCA Cable Partners To Continue To Operate The Cable Communications System. COST TO CITY: Cost of this Request Account Number Project Number BUDGET REVIEW: Category/Project Budget Category/Project Name Funds Used to Date Program Name Remaining Balance Fund Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: A Mana r Date Internal Auditor Date a—Zo' o I City Attorney Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Division Head Ad ayor Date /14a -Fol CROSS REFERENCE New Item: Yes No Previous Ordinance/Resolution No.: s FAYETTEVItLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Kit Williams, City Attorney From: Heather Woodruff, City Clerk Date: December 6, 2001 Please find attached a copy of Resolution No. 161-01 authorizing TCA Cable Partners to continue to operate the Cable Communications System. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Marvin Hilton, Cable Administration 010 03 Update Document Reference RES Date 12042001 of Fayetteville Index Maintenance Action Taken 23t I t" Ref 161 • Brief Description CABLE COMMUNICATIONS SYSTEM 12/11/2001 9:22:30 Enter Keywords • RES. 161 TCA CABLE PARTNERS CABLE COMMUNICATIONS SYSTEM FRANCHISE TCA bECEMBER 1,2001 Yt7NE 30, 2002 File Reference # • MICROFILM Security Class Expiration Date Date for Cont/Referred: Name Referred to • • Cmdl-Return Cmd8-Retention CmdS-Abstract Yes No Retention Type: **** Active Cmd4-Delete Cmd3-End Press 'ENTER' to Continue (c) 1986-1992 Munimetrix Systems Corp.