ORD 06-520ORDINANCE NO. 06 -1520
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, AMENDING
ORDINANCE NOs. 96- 264,,, 95 -238 and 05 -497 TO
EXTEND THE TERM OF THE FRANCHISES
GRANTING COMCAST OF PUGET SOUND, INC. AND
COMCAST OF WASHINGTON IV, INC., (FORMERLY
TCI OF AUBURN, INC., AND TELE -VUE SYSTEMS,
INC. D/B /A VIACOM CABLE, INC.) NONEXCLUSIVE
CABLE COMMUNICATIONS FRANCHISES WITHIN
AND THROUGH THE CITY OF FEDERAL WAY
(AMENDING ORDINANCE NOs. 95 -238, 96 -264, 05-
497).
WHEREAS, on August 6, 1995, by Ordinance No. 95 -238, the City of Federal
Way (hereinafter, "City ") granted a non - exclusive cable franchise (hereinafter, "Viacom
Franchise ") to Tele -Vue Systems, Inc. DBA Viacom Cable and the Franchise was
subsequently transferred to Comcast (hereinafter, "Grantee "); and
WHEREAS, Section 4 of the Viacom Franchise provides for the Franchise to
terminate at midnight, August 13, 2005; and
WHEREAS, on March 21, 1996, by Ordinance No. 96 -264, the City granted a non-
exclusive cable franchise to TCI of Auburn, Inc. ( "TCI Franchise ") and said Franchise was
subsequently transferred to Grantee; and
WHEREAS, Section 4 of the TCI Franchise provides for the Franchise to terminate
at midnight, March 20, 2006; and
Ordinance No. 06 -eW
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WHEREAS, Section 1 of Ordinance No. 05 -497 amended the Viacom Franchise
to extend the term of the Franchise to midnight on March 20, 2006 to coincide with the
termination of the TCI Franchise; and
WHEREAS, the City and Grantee are continuing to negotiate the renewal of the
Franchises and anticipate combining the franchises into one Comcast Franchise; and
WHEREAS, negotiations are anticipated to extend beyond March 20, 2006;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment. Section 1 of Ordinance No. 05 -497 and Section 4 of
Ordinance No. 95 -238 are hereby amended as follows:
Length of Franchise
This Franchise shall terminate at midnight on Mar-eh 20, 2006 May 31, 2006.
Section 2. Amendment. Section 4 of Ordinance No. 96 -264 is hereby
amended as follows:
LenjZth of Franchise
The length of this )ti.-.,nehise shall. be f a ten:n of to„ (t 0) year-s
11 -eh 21, 1996 and tefmin ting This Franchise shall terminate at midnight on "
2006 May 31, 2006.
Section 3. Full Force and Effect.
All other terms and conditions of the Franchise Agreements not modified by this
Amendment shall remain in full force and effect.
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Section 4. Severabilitv
If any section, sentence, clause, or phrase of this Amendment should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Franchise.
Section 5. Ratification
Any act consistent with the authority and prior to the effective date of this
Amendment is hereby ratified and affirmed.
Section 6. Effective Date This ordinance shall take effect and be in force 5
days from the time of its final passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this —flay of
A 10
CITY OF FEDERAL WAY
s.
ATTEST:
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TY
,;i�, GREEN,
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
Ordinance No. 06 -60-0
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FILED WITH THE CITY CLERK:
A OCR,
PASSED BY THE CITY COUNCIL:
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PUBLISHED:
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EFFECTIVE DATE:
13d („Q
ORDINANCE NO.:
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Ordinance No. 06 -�
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