Loading...
014-06 - Ordinance - Amending Section 5.72.100 to Extend Term of Cable TV 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 June2&, 2006. ORDINANCE NO. 014-06 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. 014-06 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. 014-06 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Deputy Clerk Publish: Port Orchard Independent July 1, Ii• 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 June 30, 2006, as set forth in Ordinance No. 009-06; 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, DO ORDAIN AS FOLLOWS: 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 mayhave 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 June 30, 2006 to September 30, 2006, or until such time as the city and the licensee execute a new agreement, whichever is earlier. Ordinance No. 014-06 Page 2 of 2 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 26th day of June 2006. /VE-1wo Carol Et en, City Cler APPROVED AS TO FORM: s City Attorne -� KIM E. ABEL, MAYOR Sponsored by: hn Clauson, Councilman