HomeMy WebLinkAbout00-498.docDECEMBER 12, 2000 00-498 RESOLUTION
(CARRIED
LOST LAID OVER WITHDRAWN )
PURPOSE:
AUTHORIZE TIME-WARNER ENTERTAINMENT COMPANY, L.P.
TO TEMPORARILY OPERATE THE CABLE COMMUNICATIONS
SYSTEMS IN OSHKOSH
INITIATED BY: CITY ADMINISTRATION
WHEREAS, on January 22, 1987 the City of Oshkosh, Wisconsin ("City") passed
and adopted Ordinance No. 455 granting a cable television franchise ("Franchise") to
Time Warner Entertainment Company, L.P. ("Time Warner"); and
WHEREAS, the Franchise is set to expire on December 31, 2000; and
WHEREAS, pursuant to Section 47 U.S.C. § 546(a) Time Warner provided
notification to the City of Time Warner's intent to seek renewal of the Franchise under 47
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 Time Warner initially engaged in informal renewal
negotiations, pursuant to 47 U.S.C. § 546(h), but were unable to arrive at a mutually
acceptable franchise agreement; and
WHEREAS, both the City and Time Warner 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 Oshkosh,
Wisconsin that:
1. The City hereby authorizes Time Warner to operate the cable television
system in the City of Oshkosh, in full compliance with all of the terms and
conditions of the Franchise, for a period commencing on January 1, 2001 and
continuing through either the date on which Time Warner's Franchise is renewed
or until February 28, 2001 whichever shall first occur.
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 Oshkosh; and (2) Time Warner's acceptance of this
Resolution and the Franchise for the term specified in paragraph (1) above,
provided Time Warner accepts and agrees to each and every term of this
Resolution and the Franchise within fourteen (14) days from the date this
Resolution is passed and adopted.
Adopted by the City Council of Oshkosh, Wisconsin this __
2000
day of December,
ATTEST:
CITY OF OSHKOSH, WISCONSIN
Pamela R. Ubrig, City Clerk
By.
Jon C. Dell'Antonia, Mayor
Certification
I, Pamela R. Ubrig, City Clerk for the City of Oshkosh, Wisconsin the custodian
of its records, do hereby certify the above is a true and exact copy of a Resolution
passed, adopted, and approved by the City Council of said City on December__,
2000.
Dated: December __, 2000
(city seal)
Acceptance
By:
Pamela R. Ubrig, City Clerk
Time Warner Entertainment Company, L.P., hereby acknowledges the City of
Oshkosh, Wisconsin Resolution No. ("Resolution") and Ordinance, 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: December ,2000
COMPANY, L.P.
TIME WARNER ENTERTAINMENT
By:
Its:
SWORN TO BEFORE ME this
__ day of December 2000
NOTARY PUBLIC, County, State of
My commission is permanent/expires: