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HomeMy WebLinkAbout18-01 RESOLUTIONRESOLUTION NO. 18-01 A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY 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 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 March 1, 2001 and continuing through either the date of which TCA's Franchise is either renewed or until April 30, 2001 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 term specified in paragraph (1) above, provided TCA accepts and agrees • NAME OF FILE• Resolution No. 18-01 CROSS REFERENCE: 02/20/01 Resolution No. 18-01 Acceptance 03/20/01 Letter to Deborah L. Reichle from Heather Woodruff regarding Cox Cable Television Franchise 03/21/01 Copy of FedEx Airbill 02/20/01 Staff Review Form 03/07/01 Departmental memo from City Clerk NOTES: • • Page 2 Resolution No. 18-01 to each and every term of this resolution and the Franchise within fourteen (14) days from the date of this resolution is passed and adopted. PASSED AND APPROVED this 20th day of February, 2001. APPROVED: /�% By: C�(s-a5 600-1 Charles D. Coody Mayor('j ATTEST: Heather Woodruff, City Cler • res. 18-01 Page 3 Resolution No. 18-01 ACCEPTANCE TCA Cable Partners, hereby acknowledges the City of Fayetteville, Arkansas' Resolution No. IS -0 1 ("Resolution") and Ordinance No. , attached hereto and referenced in the Resolution ("Franchise") and hereby accepts each and every tern, provision and recital of the Resolution and agrees to be bound by the terns and provisions of the Franchise in accordance with the Resolution. Dated: (V 1p.rp}- 1 , 2001 TCA CABLE PARTNERS * By: Its: Vice Pkesi f TCA Interests, LLC SUBSCRIBED AND SWORN to before me this h day of Mair c lam— 2001. My Commission Expires: Notary Few County, G ?OU2 My U311 I �7D Z rasik 4j Notary Public * by TCA Holdings, L.P., a general partner of TCA Cable Partners, by TCA Interests, LLC, the general partner of TCA Holdings, L.P. • ' RESOLUTION NO. A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY OPERATE THE CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Fayetteville, Arkansas ("City') passed and4adopted an Ordinance (hereinafter referred to as the "Franchise") granting a non-exclusive franchise, -and WHEREAS, the Franchise is currently held by TCA Cable Partners (' WHEREAS, pursuant to Section 47 U.S.C. § 546(`i of TCA's intent to seek renewal of the Franchise under 4'111 Aprovided notification to the City 5546(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 .ragreed„ pursuant to 47 U.S.C. § 546(h), to conduct franchise renewal negotiations informallyin"an attempttoteachja 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,Crty and TCA desire "tS expressly reserve all of their respective nghts under stateand'federal law NOW,ITHEREFORE;tE$ T RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE'.ARKANSAS." Section 1. The City h, ereby authorizes TCA to operate the cable television system in the City of Fayetteville, in full compliance with all of the terns and conditions of the Franchise, for a period commencing on March 1, 2001 and continuing through either the date of which TCA's Franchise is either renewed or until April 30, 2001 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the follovvmg.conditions: I) 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 term specified in paragraph (1) above, provided TCA accepts and agrees Page 2 Resolution No. to each and every term of this resolution and the Franchise within fourteen (14) days from the date of this resolution is passed and adopted. PASSED AND APPROVED this _ day of , 2001. APPROVED: By: Cha les D. Coddy, Mayor. ATTEST: By: Heather Woodruff, City Clerk • ' Page 3 Resolution No. ACCEPTANCE TCA Cable Partners, hereby acknowledges the City ofFayetteville, Arkansas' Resolution No. ("Resolution") and Ordinance No. , attached hereto and referenced in the Resolution ("Franchise") 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: , 2001 TCA CABLE%PAR*TNERS By: Its: SUBSCRIBED AND SWORN to before me My Commission Expires: day of , 2001. NotaryPublic • • • • RESOLUTION NO. 18-01 A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY 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 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 March 1, 2001 and continuing through either the date of which TCA's Franchise is either renewed or until Apnl 30, 2001 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 term specified in paragraph (1) above, provided TCA accepts and agrees Page2 . Resolution No. 18-01 to each and every term of this resolution and the Franchise within fourteen (14) days from the date of this resolution is passed and adopted. PASSED AND APPROVED this 20th day of February, 2001. APPROVED: ED: / By: n()EL Charles D. Coody, Mayor ATTEST: /� By:j l ti/'Jw f Heather Woodruff, City Cler res. 18-01 Page 3 •Resolution No. 18-01 • • • • ACCEPTANCE TCA Cable Partners, hereby acknowledges the City of Fayetteville, Arkansas' Resolution No. /j -0l ("Resolution") and Ordinance No. , attached hereto and referenced in the Resolution ("Franchise") 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: , 2001 TCA CABLE PARTNERS By: Its: SUBSCRIBED AND SWORN to before me this day of 2001. My Commission Expires: Notary Public /Aga laeaea' AtAn-r? s/4-difte // • • Page 3 Resolution No. 18-01 • • ACCEPTANCE TCA Cable Partners, hereby acknowledges the City of Fayetteville, Arkansas' Resolution No. /g-0) ("Resolution") and Ordinance No. , attached hereto and referenced in the Resolution ("Franchise") 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: , 2001 TCA CABLE PARTNERS By: Its: SUBSCRIBED AND SWORN to before me this day of , 2001. My Commission Expires. Notary Public March 29, 2001 VIA OVERNIGHT MAIL Ms. Heather Woodruff City Clerk City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Re: Cox Cable Television Franchise Dear Heather: /7/.2.0 p.✓ • ,(t -s i7-0/ Cox Communications. Inc. 1400 Lake Hearn Drive, NE Atlanta, Georgia 30319 (404)843-5000 CO COMMUNICATIONS Thank you for your letter of March 20, 2001, which enclosed a copy of Resolution 18-01 approving the City's short-term extension of Cox's cable franchise. As requested, I have enclosed a signed Acceptance of the extension resolution. I appreciate the City's assistance in obtaining this extension. Enclosure cc: Mr. Dennis Yocum Sincerely yours, Deborah L. Reichle Director of Government Affairs FAYETTEVffLE • THE CITY OF FAYETTEVILLE, ARKANSAS March 20, 2001 Deborah L. Reichle Director of Governmental Affairs Cox Communications, Inc. 1400 Lake Hearn Drive, NE Atlanta, GA 30319 Re: Cox Cable Television Franchise Dear Deborah: Enclosed is a copy of the resolution approving a short-term extension of the Cox franchise which was approved at the February 20, 2001 City Council meeting. Please sign and return the Acceptance at your earliest convenience so that we will have complete agreement. Thank you for your continued cooperation. Sincerely, iE.l G-C/LGt�� (/CJCscc� c��� Heather Woodruff Ctty Clerk 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 RETAIN THIS COPY FOR YOUR RECORDS ) ) ) • • STAFF REVIEW FORM X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF February 20. 2001 MAYOR'S APPROVAL FROM: Jerry E Rose City Attorney Legal Name Division Department ACTION REQUIRED: A resolution approving an extension with TCA Cable Partners to temporarily operate the cable communications system until April 30, 2001. COST TO CITY: Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used to Date Program Name Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Aounting Manager Date Internal Auditor Date City Attorney ` Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Pass resolution. Division Head Date Department Director Date Administrative Services Director Date Mayor Date CROSS REFERENCE New Item: Yes Previous resolution No.: / 61- ©° Original Contract Date: S>A RE Il_ POR FAYETTEVItLE THE CITY OF FAYETTEVILIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Kit Williams, City Attorney From: Heather Woodruff, City Clerk Date: March 7, 2001 Attached is a copy of the resolution extending the contract with TCA Cable to operate the Cable Communications system. Please have the appropriate party sign page 3 of the resolution and return it to my office. The original will then be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit