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HomeMy WebLinkAbout2012-02-13 12-084 ORDERCOUNCIL ACTION Item No. 12 084 Date: 2-13-12 Item/Subject: ORDER, Authorizing the City Manager to Execute a Memorandum of Agreement — Cable Consortium — Negotiation of Franchise Agreement Responsible Department: Legal Commentary: The City of Bangor and Time Warner Cable are parties to a cable franchise agreement. The agreement was executed in 1997 and will expire in October 2012. In 1997 several municipalities joined forces to negotiate the agreement and shared the expenses. Now that the franchise agreements between Time Warner Cable and the municipalities are set to expire, the municipalities have again discussed combining their resources to save money negotiating a new franchise agreement. This Order will authorize the City Manager to execute a Memorandum of Understanding with other municipalities to combine its resources with those municipalities for the purpose of negotiating a cable franchise agreement with Time Warner Cable. Department Head Manager's Comments: u4 C00nc 1 i n City Manager Associated Information: Order, Agreement Budget Approval: Finance Director Legal Approval: /,Cj �/� 7 City Solicitor Introduced for x Passage First Reading Page _ of _ Referral 12 084 mar Assigned to Councilor — Sprague February 13, 2012 84 % CITY OF BANGOR ED. 4 , 'yp y�y 1�' FE r' .� (TITLE.) ORDER, Authorizing the City Manager to Execute a Memorandum of Agreement —Cable Consortium — Negotiation of Franchise Agreement WHEREAS, the City of Bangor and Time Warner Cable are parties to a cable franchise agreement; and WHEREAS, said agreement will expire in October 2012; and WHEREAS, the original franchise agreement was negotiated by several municipalities combining their resources; and WHEREAS, it is In the City of Bangor's interest to negotiate a new franchise agreement by again working with other municipalities to negotiate with Time Warner Cable. By the City Council of the City of Bangor. ORDERED, THAT Catherine M. Conlow, City Manager, is authorized by the City Council of the City of Bangor, to execute a Memorandum of Understanding with other municipalities to combine its resources with those municipalities for the purpose of negotiating a cable franchise agreement with Time Warner Cable. Said Memorandum of Agreement shall be in substantially the same form as attached hereto and in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL February 13, 2012 Motion Made and Seconded for Passage i # 12-084 UITLE,)AffiORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT - CABLE CONSORTIUM - NEGOTIATION OF FRANCHISE AGREEMENT Assigned 10 Councilor 12 084 CABLE CONSORTIUM MEMORANDUM OF AGREEMENT We, the municipality of , a municipal corporation under the laws of the State of Maine, hereinafter referred to as "the Undersigned," state as follows: WHEREAS, the undersigned is interested in pursuing a franchise agreement with a television cable company; WHEREAS, it is in the best interest of the undersigned to combine its resources with other municipalities and have an experienced attorney negotiate on their behalf; WHEREAS, other municipalities will be signing an agreement such as this; WHEREAS, the undersigned desired to put into writing the guidelines under which all municipalities will be operating; The undersigned agrees as follows: 1. The undersigned agrees to join in the hiring of an attorney for the purposes of negotiating a television cable company contract. 2. The cost of the consultant shall be shared equally, regardless of population, by all of the municipalities that sign this agreement, or a duplicate thereof, including the undersigned. Cable Consortium Members do not have to pay additional fees if they have paid their dues for the year. 3. In the event any votes will be taken by the group of municipalities involved, each municipality shall be awarded one vote, regardless of population. 4. Any municipality may withdraw from this arrangement at any time, provided they pay their proportionate share of the costs existing at the time of the withdrawal. City/Town of By: Printed Name: Authorized Representative of: