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Ord 2310 - Cable TV Franchise COUNCIL BILL NO. 2372 ORDINANCE NO. 2310 AN ORDINANCE RATIFYING THE GRANTING OF A CABLE TELEVISION FRANCHISE TO WILLAMETTE BROADBAND, LLC AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 2299 approved and consented to the transfer and assignment of a cable television franchise from North Willamette Telecom, Inc. (which thereafter became DirectLink of Oregon, Inc.) to Willamette Broadband, LLC; and WHEREAS, Willamette Broadband, LLC has filed with the City an Acceptance of Franchise, a performance bond in the amount of $300,000.00, a payment bond in the amount of $25,000.00, and a letter agreeing to remedy any historical violation or default under the franchise, regardless of whether Willamette Broadband, LLC or DirectLink of Oregon, Inc. was responsible for the violation or default; and WHEREAS, Willamette Broadband, LLC and the City agree that the Franchise became effective on January 2, 2002 and by this Ordinance the City Council is ratifying the Franchise which is already in force and effect, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City acknowledges the Acceptance of Franchise filed by Willamette Broadband, LLC (which is affixed hereto as Attachment "A"), the $300,000 performance bond, $25,000 payment bond and the letter agreeing to remedy any historical violation or default and hereby ratifies the granting of a cable television franchise to Willamette Broadband, LLC. Section 2. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form:~' ryv(J- ~ 2 - ? - '2 ~ '0 2- N. Robert Shields, City Attorney Date APproved:"::>' D. . ~ .. ~ --l I ~n~a r Passed by the Council February 11, 2002 Submitted to the Mayor Februa ry 12, 2002 Approved by the Mayor February 12, 2002 Filed in the Office of the Recorder Februa ry 12, 2002 ATTEST: Ma T ant, City Recorder City of Woodburn, Oregon Page 1 COUNCIL BILL NO. 2372 ORDINANCE NO. 2310 If I ~ n t ACCEPTANCE OF FRANCHISE Attachment "A" Council Bill No. 2372 Page 1 of 1 John C. Brown City Administrator City of Woodburn 270 Montgomery Street Woodburn, OR 97071 This is to advise the City of Woodburn, Oregon (the Grantor) that Willamette Broadband, LLC (the Grantee) hereby accepts the terms and provisions of Ordinance No. 2307, passed by the Woodburn City Council on December 10,2001 (the Franchise) granting a Franchise for ten (10) years to DirectLink of Oregon, Inc. (the predecessor Franchisee). The Grantee agrees to abide by each and every term of the Franchise. Willamette Broadband, LLC By i~~ Title: ?resl c/e.., t Date: 01,/07/02. T 11' ~ . T .. Attachment 1 ~~ Willamette Broadband, LLC Mr. John Brown City Administrator City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Regarding: Franchise agreement between City of Woodburn and Willamette Broadband, LLC Dear John, In accordance with the franchise transfer Ordinance, Willamette Broadband LLC hereby agrees to remedy any historical violation or default under the Franchise, regardless of whether the Seller (DirectLink of Oregon, Inc.) or Willamette Broadband, LLC is responsible for the violation or default. Sincerely, President 626 Maye Street Westfield, New Jersey 07090-2423 (908) 233-6405 Fax (908) 233-7769 If I ~ . I' I