ORD 09-620ORDINANCE NO. 09-620
AN ORDINANCE of the City Council of The City of Federal Way,
Washington, amending ordinance 06 -524 that granted a non - exclusive
franchise to Comcast of Puget Sound, Inc. and Comcast of Washington IV,
Inc. to occupy rights -of -way of the City of Federal Way, Washington, within
the specified franchise area for the purposes of operating and maintaining a
cable communications system, and setting forth conditions accompanying the
grant of franchise.
WHEREAS, on May 25, 2006, City Ordinance 06 -524 became effective which granted a
non - exclusive cable franchise to Comcast of Puget Sound, Inc., and Comcast of Washington IV,
Inc. (collectively referred to herein as Grantee); and
WHEREAS, Ordinance 06 -524, Section 19.5 authorizes amendment at any time by
written agreement between the parties; and
WHEREAS, the City and Grantee agree to amend the term of Ordinance 06 -524; and
WHEREAS, the City and Grantee agree to amend Ordinance 06 -524 Section 9.1
regarding PEG Capital Support.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Ordinance 06 -524, Section 2.3 Term shall be amended to read as follows:
2.3 Term. The initial term of this Franchise and all its rights, privileges, obligations
and restrictions shall be ten (10) years from the effective date of the Franchise.
Section 2. Ordinance 06 -524, Section 9.1 PEG Capital Support shall be amended to read
as follows:
9.1 PEG Capital Support.
(a) Not later than ninety (90) days from the effective date of this Franchise,
the Grantee will remit to the City:
Ordinance No. 09-620 Page l of 4
(1) An initial capital contribution payment of $200,000. Grantee will
recover the capital contribution from Subscribers at $0.35 per month per Subscriber. When
Grantee has fully recovered the initial capital contribution, without discount for the time value of
money, Grantee will remit to the City on a monthly basis an amount equal to $0.35 per
Subscriber per month until the additional contribution under Section 9.1(b)(1) occurs.
(2) Unrestricted technology grant of $100,000.
(b) On or before May 25, 2011, Grantee will remit to the City:
(1) An additional capital contribution payment of $200,000. Grantee
will recover capital contribution from Subscribers at $0.35 per month per Subscriber, and when it
is fully recovered, without discount for the time value of money, Grantee will remit to the City
an amount equal to $0.35 per Subscriber per month for the remaining life of the Franchise; and
(2) An unrestricted technology grant of $100,000.
(c) The City agrees that all capital contribution amounts, excluding
technology grants, paid by the Grantee may be added to the price of Cable Services and collected
from Subscribers as "external costs," as such term is used in 47 C.F.R. §76.922 on the date of
this Franchise.
Section 3. Acce tp ance. This Ordinance and its terms and provisions must be
unconditionally accepted by the Grantee by the submission of a written instrument, in
substantially the form attached as Exhibit A executed and sworn to by a corporate officer of the
Grantee before a Notary Public, and filed with the City within sixty (60) days after the City's
passage and approval of this Ordinance. Such instrument shall evidence the unconditional
acceptance of this Franchise and the promise to comply with and abide by all its provisions,
Ordinance No. 09 -620 Page 2 of 4
terms, and conditions. Failure of Grantee to accept this Ordinance as required by this section
shall result in the automatic repeal of this Ordinance.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (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 21st day of July, 2009.
ATTEST:
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CITY CLER B;1- C - LRO
APPROVED AS TO FORM:
CITY OF FEDERAL WAY
CI Y ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 06 -30 -2009
PASSED BY THE CITY COUNCIL: 07 -21 -2009
PUBLISHED: 07 -25 -2009
EFFECTIVE DATE: 07 -30 -2009
ORDINANCE NO.: 09 -620
Ordinance No. 09 -620 Page 3 of 4
EXHIBIT A — ACCEPTANCE
KNOW ALL MEN BY THESE PRESENTS:
The City Council of the City of Federal Way, Washington, having duly passed and adopted
Ordinance No. 09 -620, titled
AN ORDINANCE of the City Council of The City of Federal Way, Washington,
amending ordinance 06 -524 that granted a non - exclusive franchise to Comcast of
Puget Sound, Inc. and Comcast of Washington IV, Inc. to occupy rights -of -way of
the City of Federal Way, Washington, within the specified franchise area for the
purposes of operating and maintaining a cable communications system, and
setting forth conditions accompanying the grant of franchise.
and said Ordinance stating at Section 3 that the Ordinance must be unconditionally accepted by
the Grantee by the submission of a written instrument in substantially the form of this Exhibit A;
NOW, THEREFORE, Comcast of Puget Sound, Inc. and Comcast of Washington IV, Inc. do
hereby unconditionally accept the terms and conditions of the Ordinance granting the said
franchise, and do promise to comply with and abide by all its provisions, terms and conditions,
subject to federal, State, and local law.
ACCEPTED this day of , 2009.
COMCAST OF PUGET SOUND, INC.
By: _
Name:
Title:
Date:
STATE OF WASHINGTON)
COUNTY OF ) ss.
COMCAST OF WASHINGTON IV, INC.
By: _
Name:
Title:
Date:
On I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that
(he /she) signed this instrument on oath stated that (he /she) was authorized to execute the
instrument and acknowledge it as a corporate officer of
Comcast of Puget Sound, Inc. and Comcast of Washington IV, Inc. to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
NOTARY PUBLIC FOR WASHINGTON
My Commission Expires:
Ordinance No. 09-620
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