HomeMy WebLinkAbout98-01 RESOLUTION• •
RESOLUTION NO, 98-01
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 July 1, 2001 and continuing
through either the date of which TCA's Franchise is either renewed or until September
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;
A
Res. 98-01
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ACCEPTANCE
TCA Cable Partners, hereby acknowledges the City of Fayetteville Resolution
authorizing TCA Cable Partners to continue to operate the cable system July 1 through
September 30, 2001 ("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.
TCA CABLE PARTNERS
By: /��.1�—�—
DENNIS Y
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tt.t$6gIB4E,D AND SWORN to before me this day of June, 2001.
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NAME OF FILE: Resolution No. 98-01
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CROSS REFERENCE:
07/03/01
Resolution No. 98-01
06/21/01
Acceptance from TCA Cable Partners thru 09/30/01 (Kit Williams, City
Attorney, typed letter for Acceptance)
07/03/01
Staff Review Form
07/11/01
Departmental Correspondence to Kit Williams, City Attorney, from
Heather Woodruff, City Clerk
NOTES:
• •
RESOLUTION NO.
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.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 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 July 1, 2001 and continuing
through either the date of which TCA's Franchise is either renewed or until September
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 July, 2001.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
FAYETTEVItLE •
THE CITY OF FAYETTEVILLE, ARKANSAS
July 10, 2001
Deborah Ll\Reichle
Director of Governmental Affairs
Cox Communications, Inc.
1400 Lake Heam Drive, NE
Atlanta, GA 30319
Re: Cox Cable Television Franchise
Dear Deborah:
1
Enclosed is a copy of Resolution 98-01 approving a short-term extension of the Cox franchise
which was approved at the July 3, 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,
Heather Woodruff
City Clerk
113 WEST MOUNTAIN 72701 501 521-7700
FAX 501 575-8257
•
STAFF REVIEW FORM •
_X_ AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
FOR: COUNCIL MEETING OF July 3, 2001 MAYOR'S APPROVAL
FROM:
Kit Williams City Attorney
Name Division
Legal
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:
74tosier Date Internal Auditor Date
. Date ADA Coordinator Date
Purchasing Officer Date
STAFF RECOMMENDATION:
Division Head Date
Department Director Date
Administrative Services Director Date
Mayor Date
CROSS REFERENCE
New Item: Yes No
Previous Ordinance/Resolution No.:
s
F
FAYETTEVI
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Kit Williams, City Attomey
From: Heather Woodruff, City Clerk
Date: July 11, 2001
Attached is a copy of the resolution regarding TCA Cable. The original will be microfilmed and
filed with the City Clerk.
A copy has been forwarded to TCA Cable.
cc: Nancy Smith, Internal Audit
M
Ci
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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 3rd day of July, 2001.
APPROVED:
By:
ATTEST:
By:
eather Woodruff, City Clerk