HomeMy WebLinkAbout01-257.docJUNE 12, 2001 01-257 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LAID OVER WITHDRAWN .)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, and further extended the franchise
until May 31,2001, by resolution 01-114 adopted February 27, 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:
JUNE 12, 2001
01-257 RESOLUTION
CONT'D
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 October 31, 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 __
day of June, 2001.
ATTEST:
CITY OF OSHKOSH, WISCONSIN
Pamela R. Ubrig, City Clerk
CERTIFICATION
By.
Jon C. Dell'Antonia, Mayor
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 June ,2001.
Dated: June__, 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. 01- __ ("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: June ,2001
TIME WARNER ENTERTAINMENT COMPANY, L.P.
By:
Its:
SWORN TO BEFORE ME this
__ day of June 2001
NOTARY PUBLIC, County, State of
My commission is permanent/expires: