009-06 - Ordinance - Amending Section 5.72.100 Period of FranchiseNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held April 24, 2006.
r•R •1 111
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE
SECTION 5.72.100 TO EXTEND THE TERM OF THE CABLE TV
FRANCHISE
Copies of Ordinance No. 009-06 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 009-06 will be
provided at a nominal charge.
City of Port Orchard
vC•
Carol L. Etgen
Clerk Clerk
Publish: Port Orchard Independent
May 20, 2006
Kitsaplegals@soundi)ublishing.com
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 5.72.100
TO EXTEND THE TERM OF THE CABLE TV FRANCHISE
WHEREAS, On or about March 10, 1990, the City of Port Orchard granted a cable TV
franchise to Olympic Cablevision, L.P., as set forth in Ordinance No. 1464 and codified in Port
Orchard Municipal Code Chapter 5.72; and
WHEREAS, Wave Division IV, LLC (hereinafter "Wave"or"Licensee') has operated
the cable TV franchise within the City limits as the successor to Olympic Cablevision and Charter
Communications since on or about October 31, 2003; and
WHEREAS, Wave and the City previously agreed to extend the term of the current
cable TV franchise agreement to April 30, 2006, as set forth in Ordinance No. 030-05; and
WHEREAS, the City and Wave are continuing to negotiate the renewal terms for the
cable TV franchise; and
WHEREAS, the City and Wave desire to extend the term of the current cable TV
franchise in order to provide the parties with sufficient time to complete their negotiations; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, D
ORDAIN • •
SECTION 1. Port Orchard Municipal Code section 5.72.100 is hereby amended to
read as follows:
5.72.100 Period of Franchise.
(1) The rights and privileges of the license shall continue for a period of 10
years from March 10, 1990 to March 9, 2000. The city hereby grants the licensee the
option to renew said license for an additional five years commencing March 9, 2000
under conditions and agreements as negotiated by the city and licensee. The
licensee, at the termination of this period, or earlier if the facilities of the licensee
cease to be used or served by the licensee shall at its own cost and expense remove
all construction and installations hereby authorized from the city streets and shall
restore all portions of the streets that may have been disturbed to the condition of
the surrounding streets at the time of such repair, to the satisfaction of the city
engineer.
(2) Notwithstanding the provisions of subsection (1) above, the City and
licensee agree to extend the rights and privileges of the license from March 10, 2005
to June 30, 2006, or until such time as the city and the licensee execute a new
agreement, whichever is earlier.
Ordinance No. 009-06
Page 2of2
SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24th day of April 2006.
ATTEST:
APPROVED AS TO FORM: Sponsored by;
�y�i: City Attorne J n Clauson, C uncilman