Res 2022-258R/approving a donation agreement with San Marcos Texas Community Radio Association, doing business as KZSM, a community-based internet radio broadcasting non-profit organization

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RESOLUTION NO. 2022-258R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING A DONATION AGREEMENT WITH SAN MARCOS TEXAS COMMUNITY RADIO ASSOCIATION, DOING BUSINESS AS KZSM, A COMMUNITY-BASED INTERNET RADIO BROADCASTING NON-PROFIT ORGANIZATION, PROVIDING FOR THE TRANSFER OF THE CITY'S LOW-POWER FM RADIO STATION LICENSE (KZOS) AND RELATED TRANSMISSION EQUIPMENT TO KZSM; FINDING THAT SUCH CONVEYANCE SERVES THE PUBLIC PURPOSES OF COMMUNITY-BASED PROGRAMMING AND EMERGENCY AWARENESS PROGRAMMING IN THE CITY OF SAN MARCOS; AUTHORIZING THE CITY MANAGER, OR HER DESIGNEE, TO EXECUTE THIS AGREEMENT AND ANY AND ALL ASSOCIATED DOCUMENTS AS NECESSARY TO COMPLETE THE TRANSFER OF ASSETS AS PROVIDED UNDER THE AGREEMENT AS REQUIRED BY THE FEDERAL COMMUNICATIONS COMMISSION; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City is the Federal Communications Commission ("FCC") Licensee of Non - Commercial Radio Station KZOS-LP (FAC# 134127) (the "Station"); 2. San Marcos Texas Community Radio Association, doing business as KZSM, provides noncommercial programming serving the San Marcos, Texas community. 3. To continue programming, the City wishes to donate to KZSM all its Station equipment and assets together with rights to the FCC Station License. 4. KZSM is better positioned to grow the listening audience of the Station based upon their current listener base. With a broadened listener base and diverse content, the Station will be more effective in sharing emergency information sharing. 5. For these reasons, such conveyance serves the public purposes of community-based programming and emergency awareness programming in the City of San Marcos BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: PART 1. The Recitals are true and correct and adopted as the findings of the city council. PART 2. The attached Donation Agreement (the "Agreement") is approved. PART 3. The City Manager, or her designee, is authorized to execute the Agreement,