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HomeMy WebLinkAbout7299RESOLUTION NO 7 29 9 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND TCI CABLEVISION OF COLO- RADO, INC. RELATING TO ORDINANCE NO. 5809 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO SIGN SAME. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding dated December 13,1993 between Pueblo, a Municipal Corporation and TCI Cablevision of Colorado, Inc. relating to Ordinance No. 5809, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Memorandum in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. ATTEST: City Clerk INTRODUCED January 24,1994 By JOHN CALIFANO Councilperson APPROVED: By r ident of the City Council b MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding entered into this h day of December, 1993 between Pueblo, a municipal corporation (the "City ") and TCI Cablevision of Colorado, Inc. (the "Franchisee "), Witnesseth: WHEREAS, Ordinance No. 5809 granting a cable television franchise to Franchisee (the "Ordinance ") was approved by vote of the people on November 2, 1993, and WHEREAS, a conflict may exist between the provisions of Article XVI and Article XXI(1)(f) of the Ordinance with respect to the period within which Franchisee is to complete a system -wide construction program utilizing installatioan of a fiber -optic backbone system (the "Period "), and WHEREAS, it was the intent of the City and Franchisee that the Period was to be three (3) years from January 1, 1994, and WHEREAS, City and Franchisee desire to resolve such conflict; NOW, THEREFORE, City and Franchisee agree as follows: 1. The Period is three years from January 1, 1994 and Article XXI(1)(f) of Ordinance No. 5809 shall be and construed to be as follows: f. Within three (3) years of the effective date of this Franchise, Franchisee will complete a system -wide construction program utilizing installation of a fiber -optic backbone system with a then - present capacity of five hundred fifty (550) megahertz throughout the system capable of accommodating 75 video channels expandable to 150 channels using digital fiber compression. Activation of additional channels shall be consistent with community needs and available programming. 2. Ordinance No. 5309 as modified by paragraph 1 of this Memorandum shall remain in full force and effect and binding upon City and Franchisee according to its terms and provisions. Executed at Pueblo, Colorado the day and year first above writtan. [SEAL] e Attest : tV_44-L Vtt� Y Clerk A ' N 4 ''� O AT PUEBLO, A MUNICIPAL CORPORATION BY tt" P �ABLEVISION d t of the City Co ncil TCI OF COLORADO, INC. J By - J. shinski j A M ry �dle�;�oer MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding entered into this j�_�_ day of December, 1993 between Pueblo, a municipal corporation (the "City ") and TCI Cablevision of Colorado, Inc. (the "Franchisee "), Witnesseth: WHEREAS, Ordinance No 5809 granting a cable television franchise to Franchisee (the "Ordinance ") was approved by vote of the people on November 2, 1993, and WHEREAS, a conflict may exist between the provisions of Article XVI and Article XXI(1)(f) of the Ordinance with respect to the period within which Franchisee is to complete a system -wide construction program utilizing installatioan of a fiber -optic backbone system (the "Period "), and WHEREAS, it was the intent of the City and Franchisee that the Period was to be three (3) years from January 1, 1994, and WHEREAS, City and Franchisee desire to resolve such conflict; NOW, THEREFORE, City and Franchisee agree as follows: 1. The Period is three years from January 1, 1994 and Article XXI(1)(f) of Ordinance No. 5809 shall be and construed to be as follows: f. Within three (3) years of the effective date of this Franchise, Franchisee will complete a system -wide construction program utilizing installation of a fiber -optic backbone system with a then - present capacity of five hundred fifty (550) megahertz throughout the system capable of accommodating 75 video channels expandable to 150 channels using digital fiber compression. Activation of additional channels shall be consistent with community needs and available programming. 2. Ordinance No. 5809 as modified by paragraph 1 of this Memorandum shall remain in full force and effect and binding upon City and Franchisee according to its terms and provisions. Executed at Pueblo, Colorado the day and year first above written. [SEAL] Attest: 0 0 Ci� "y" Clerk' j �WN l o \�f4#�,Qliy Attes�tr'i. S Jerome J. Kashino Asst. Secretary -� PUEBLO, A MUNICIPAL CORPORATION By Qj� IYU� Pr/es/idVent of the City Oouncil TCI CABLEVISION OF COLORADO, INC. By t�wwF►wwnQ«xf