HomeMy WebLinkAbout50-01 RESOLUTIONRESOLUTION NO. 50-01
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.0 §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 May 1, 2001 and continuing through
either the date of which TCA's Franchise is either renewed or until June 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,
res. 50-01
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 /7 day of April, 2001.
APPROVED:
By:
ATTEST:
By: aac> -efete
Heather Woodruff City Clerk
DAN COODY ijayor
NAME OF FILE: Resolution No. 50-01
CROSS REFERENCE:
04/17/01
Resolution No. 50-01
05/01/01
Acceptance of Cox Cable Television Franchise
05/03/01
Letter to Heather Woodruff, City Clerk, from Deborah L. Reichle, Cox
Communications in Atlanta
05/03/01
Copy of FedEx USA Airbill
04/30/01
Letter to Deborah L. Reichle, Cox Communications in Atlanta from
Heather Woodruff, City Clerk
04/30/01
Copy of FedEx USA Airbill
04/17/01
Staff Review Form
04/24/01
Departmental Correspondence to Kit Williams, City Attorney, from
Heather Woodruff, City Clerk
NOTES:
411 U5 -04 -4,03:18 RCVD
ACCEPTANCE
res. 50-01
TCA Cable Partners, hereby acknowledges the City of Fayetteville, Arkansas'
Resolution No. 50-01 ("Resolution") and Ordinance No. ---- , attached hereto and
referenced in the Resolution ("Franchise") and hereby accepts each a
nd every terms, 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: May I , 2001
TCA CABLE PARTNERS *
It Vice President of TCA Interests, LLC
SUBSCRIBED AND SWORN to before me this Iday of 2001.
My Commission Expires:
Notary Public, Fulton 0:kunty, Georgia
My Commission Expires Jan. 7. 2002
ifillOWSOLLO
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 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.0 §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 May 1,2001 and continuing through
either the date of which TCA's Franchise is either renewed or until June 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 terms
specified in paragraph (1) above, provided TCA accepts and agrees to this
extension.
PASSED AND APPROVED this day of April, 2001.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
ACCEFI'ANCE
TCA Cable Partners, hereby acknowledges the City of Fayetteville, Arkansas'
Resolution No. ("Resolution") and Ordinance No. , attached hereto and
referenced in the Resolution ("Franchise") and hereby accepts each a
nd every terms, 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
05-04-01P03:18 RCVD
May 3,2001
VIA OVERNIGHT MAIL
Ms. Heather Woodruff
City Clerk•
City of Fayetteville
113 West Mountain
Fayetteville, Arkansas 72701
Re: Cox Cable Television Franchise
Dear Heather.
Cox Communications. Inc.
1400 Lake ILearn Drive, NE
Atlanta, Georgia 30319
(404) 843-5000
CO
COMMUNICATIONS
Thank you for your letter of April 30, 2001, which enclosed a copy of Resolution
50-01 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 your
ctAA.,
Deborah L. Reichle
Director of Government Affairs
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FAYETTEVILE
THE CITY OF FAYETTEVILLE, ARKANSAS
•
April 30, 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 Resolution 50-01 approving a short-term extension of the Cox franchise
which was approved at the April 17, 2001 City Council meeting.
Please sign and return the Acceptance at your earliest convenience so that we will have a
complete agreement. Thank you for your continued cooperation.
Sincerely,
tav;ser
Heather Woodruff
City Clerk
113 WEST MOUNTAIN 72701 501 521-7780
FAX 501 575-8257
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• •
STAFF REVIEW FORM
_X_ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
FOR: COUNCIL MEETING OF April 17,2001 MAYOR'S APPROVAL
FROM:
Kit Williams City Attorney Legal
Name Division Department
ACTION REQUIRED:
A resolution approving art extension with TCA Cable Partners to temporarily operate the cable
communications system until June 30, 2001.
COST TO CITY:
Cost of this Request
Account Niunber
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:
Accounting Man er
i
4-0C 1 • ^
City Attorney
Date Internal Auditor Date
4/t(of
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 Ordinance/Resolution No.: i g I
FAYETTEVIPLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Kit Williams, City Attorney
From: Heather Woodruff, City Clerk
Date: April 24, 2001
Attached is a copy of the resolution authorizing the TCA Cable extension for your records. I
have forwarded the Acceptance to the appropriate parties. The original will be microfilmed and
filed with the City Clerk.
cc: Nancy Smith, Internal Auditor