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Ord 95-227 ORDINANCE NO. 95-227 AN ORDINANCE OF THE CITY COUNCIL OF THE ,CITY OF FEDERAL WAY, WASHINGTON, RELATING TO'CABLE COMMUNICATION FRANCHISES, AMENDING ORDINANCE NO. 94-204, EXTENDING THE NON-EXCLUSIVE FRANCHISE WITH VIACOM. WHEREAS, prior to the effective day of incorporation of the City of Federal Way, King County granted a non-exclusive cable communiéation system franchise to, amongst other entities, Cable TV puget Sound, Inc. d/b/a Viacom Cable (hereinafter "Viacom"), and its predecessor companies by King County Ordinances No. 7841 and B443, and motions and amendments related thereto and Franchise No. 560 and amendments thereto (collectively, the "Viacom Franchise"); and WHEREAS, the Viacom Franchise as granted by King County to viacom expired on February 13, 1992; and WHEREAS, by Ordinance No. 91-104, the city of Federal Way granted an extension of the Viacom Franchise through February 14, 1993, and by Ordinance No. 93-161, granted an extension through February 14,1994, and by Ordinance No. 94-204 granted an extension until February 14, 1995; and WHEREAS, the Cable Television Consumer Protection and Competition Act was passed in 1992, which Act contains additional requirements to be included in any renegotiated cable franchise; and Ord # 95-227 , Page 1 COpy WHEREAS, pursuant to RCW 35A.11.030, the city of Federal Way has the power, among other things, to grant franchises; and WHEREAS, the City and viacom have met and begun negotiating possible non-exclusive franchise terms and conditions; and WHEREAS, it is in the best interests of the City and viacom to ensure that sufficient opportunity exists for the parties to fully and openly negotiate franchise terms and conditions; and WHEREAS, in order to ensure time exists to determine the public needs and negotiate terms and conditions, it is in the best interest to extend the Viacom Franchise for an additional period of sixty (60) days beginning February 15, 1995, and ending April 14, 1995; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. Ordinance No. 94-204, section 1, is amended as follows: The non-exclusive franchise for cable communication systems along, across and upon the public streets, ways, alleys, and places within the city of Federal Way is extended BY a pcriaà af appraximately three (3) years effeetivc from February 15, 199>!-.:2., until FeBFu.aFY Acril 14, 1995 or until the City and viacom agree upon the terms and conditions of a replacement franchise ordinance, whichever date is earlier, pursuant to terms, conditions and fees established in the current non- Ord # 95-227 , page 2 exclusive franchise granted by King County to Viacom, as amended; provided, however, that in the event the City of Federal Way determines that Viacom is not negotiating in good faith, it may terminate the Viacom Franchise after thirty (30) days notice to Viacom and after Viacom' s failure to commence good faith negotiations within such time period, which termination shall be in compliance with the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992. Franchise fees established in the current non- exclusive franchise are equal to five percent (5%) of the gross income received by Viacom for cable services rendered in the city of Federal Way. Section 2. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. section 3. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. section 4. Effective Date. This ordinance shall be effective five (5) days after passage, as provided by law. Ord # 95-227 , Page 3 PASSED by the city council of the City of Federal Way this 7th day of February , 1995. CITY OF FEDERAL WAY ~) )./ ~~tÜ"¿?- (!b Yo:! a4?4-..J MAYOR t1 M. SWANEY, CMC APPROVED AS TO FORM: ~~ K. LI~ FILED WITH THE CITY CLERK: January 31, 1995 PASSED BY THE CITY COUNCIL: February 7, 1995 PUBLISHED: February 11, 1995 EFFECTIVE DATE: February 12, 1995 ORDINANCE NO. 95-227 Ord # 95-227 , Page 4