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<br />February 28,2006
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<br />f h b. t e be~ore Council during their
<br />There being no urt er USlness 0 com l'
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<br />regular meeting, upon motion by Council Member Ferrill, duly seconded, by
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<br />unanimous vote, Mayor Cobbe declared the meeting adjourned at 8:08 P. M.
<br />
<br />.-
<br />
<br />~jjhn~
<br />
<br />Clerk of Council
<br />
<br />/#ft#L
<br />
<br />.)foseph R. Cobbe
<br />Mayor
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<br />ATTACHMENT A
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<br />Martinsville
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<br />A I:ITY Wllt<U",
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<br />BE IT RESOLVED BY TUE CITY COl'NClL OF TilE CITY OF
<br />i\I..\RTIl\SVII.LE. VIRGIl\IA:
<br />
<br />Cll'l"~ ,,{COUll'"
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<br />Each or the abo\'c rCCll.lIs is incorporated and H.'stated herem as If set fonh herein
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<br />RESOLUTION REQUESTINC TIlE WEST PIEDMONT
<br />PLANNING DISTRICT COMMISSIO.' TO eREA n: A
<br />VIRGINIA NONSTOCK COf.tPORATION TO ACQUIRE.
<br />OWN AND OPERATE A CARI.E TF:LEVISION SYSTEM
<br />AND OTU ER MATTERS IN ("ONNECTlON I'll EIU':WITU
<br />
<br />1 M<lrtinsville herehy rC1.lucslS Iha! the PDC partiCIpate III Ihe creation of the
<br />Company to acquire, own and operale Ihe System"
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<br />WHEREAS, the City of Martlnsville ("Martinsvlllc", is a member locality of the Wesl
<br />Piedmont Planning District CommiSSIOn (the "POC'');
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<br />3 All approvals of the Council required in connection with the fOmlatloll or
<br />operation of the Company will he conditioned upon the Company having fumishcd a documcnt
<br />or instrument seuing forth its legally bmding ohligatlon (i) to indemnify and save hamlJess the
<br />PDC, its orriccrs, directors. cmploye<'s and agents from and against allY and all liabilities,
<br />ohligalions, claims, damages, penalties, fines, losses, costs and expenses III any way connected
<br />with the Company or the System, (iil thaI the Company and its officers, directors, employees and
<br />agents shall not obligate the PDC in any respect whatsoever In connection with the Company or
<br />Ihe System, including, without limItation, to the payment of any moneys or the performance of
<br />any acts and (iii) lhat any covenanl, condilion, warranty or agreement contained in any
<br />document, instrument or agreement whIch the Company may execute, to which the Company
<br />may be a party or relating to the Compan)' or the System in any respect shall not be a co\"cnant,
<br />condition, agreement, warranty or obligation of the PDC or implicate it in any respect
<br />
<br />WHEREAS, the PDC was created pursuant to Ihe Regional Coopcration Act (Chapter
<br />42, Title 15"2 of the Code of Virginia of 1950, as amended) (the "Act"), and consists of seven
<br />members, inclUding lhe Counties of Henry, Franklin, Patrick and Piltsy)vania, the Cities of
<br />Danville and Martinsville, and the Town of Rocky Mount;
<br />
<br />WHEREAS, at the request of one or more member localities, the Act authorizes the PDC
<br />to participale in the creation or organiz.atlOn of nonprofit corporations to perform functions or
<br />operate programs in furtherance of the Acl's purposes;
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<br />4" The Council hereby authorizes the City Manager, in consultation with the City
<br />Allomey, 10 determine the Company's compliance With the requirements set forth in paragraph 3
<br />abm'e, and any approval of the Council, or of ils delegatee as the case may be, shall be
<br />conclusive evidence of such compliance
<br />
<br />WHEREAS, the Act's purposes include improving public health, safety, convenience
<br />and welfare; providing for the social, economic and physical development of communities and
<br />metropolitan areas of Ihe Commonweallh of Virginia on a sound and orderly baSIS, within a
<br />governmental framework and cconorl1lC environmcnt which will foster constructive growth and
<br />efficient administration; and encouraging regional cooperation and c()()rdinalton with the goals of
<br />improved services 10 citizens and increased cost~cffcctiveness of govemmelltal activit ics:
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<br />5 The Council authorizes the Cily Allomey or the City Manager to present this
<br />resolution 10 the next meeting of the PDC or of ilS Exccutive Committee
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<br />This resolution shall take effect immediately
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<br />WHEREAS, in furtherance oflhe purposes of the Act, Marlllls\'ille desires thallhc PDC
<br />participate in the creal ion of a corporation (the "CompanY"1 to acquIre. own and operate the
<br />exisling cable television systcl11 serving Martins\"ille and the County o( Henry /lhe "System'");
<br />
<br />ADOPTED by the City Council of the City ofMart1lls....illc, Ynginia, this 28th day or february,
<br />2()()('
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<br />WHEREAS, rerrcscn(ati~'es of Martinsvillc appeared at the I'DC's meeting of Febru;u)
<br />23,2006, to requestthc PDC to create the Company; and
<br />
<br />AlIest
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<br />l~n!c~~
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<br />WHEREAS, al such meeting, the PDC asked the rcpresel1lOltives of Martins\"iJlc 10
<br />present such request in writing to the PO(' or its Execulive Commillee, and the City Council or
<br />Martinsville (the "Council") desires to adopt a resolution SignifYing such request and present
<br />such resolution to the PDC or lis becutive COlllll11tlc'e
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<br />'1-~ o1~T_~Cl1(,,_
<br />Dal-;Actq;led~
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