HomeMy WebLinkAbout01-114.docFEBRUARY 27, 2000 01-114 RESOLUTION
(CARRIED 6-0-1P
LOST LAID OVER WITHDRAWN )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 was 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; and
WHEREAS, the Common Council, by resolution 00-498 adopted December 12, 2000,
extended the franchise until February 28, 2001, to permit additional time for franchise
renewal negotiations; and
WHEREAS, while negotiations for renewal continue, though no agreement has yet
been reached, and while preparations for hearing before the Council continue, it is
necessary to provide additional franchise time for the cable operator;
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 May
31, 2001 whichever shall first occur.
FEBRUARY 27, 2000 01-114 RESOLUTION
CONT'D
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__
day of February, 2001.
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 February ,2001.
Dated: February__, 2001
(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: March ,2001
TIME WARNER ENTERTAINMENT COMPANY, L.P.
By:
Its:
SWORN TO BEFORE ME this
__ day of March, 2001
NOTARY PUBLIC, County,
State of
My commission is permanent/expires: