Ord 94-204
ORDINANCE NO.
94-204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO CABLE
COMMUNICATION FRANCHISES, AMENDING ORDINANCE
NO. 93-161, 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
communication 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
~443, and motions and amendments related thereto and Franchise No.
$60 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
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 # 94-204
, Page 1
COP"
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
one (1) year beginning February 15, 1994, and ending February 14,
1995; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Ordinance No. 93-161, 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 period of approximately 'b.-a (2) three (3)
years
effective
February
145,
1992,
thra\i<jJh
until
February 14, 19942, or until the city and Viacom aqree
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 # 94-704
, 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 policv 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 thirty (30) days after passage, as provided by law.
Ord #
94-204
, Page 3
� � �
PASSED by the City Council of the City of Federal Way
this 4th day of Januarv , 1994.
CITY OF FEDERAL WAY
i i
�/,•i_ ' _�►'��-.
� � % -
, MAUREEN M. S�1'PiNEY, CMC
APPROV AS TO FORM: �
CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK: December 15, 1993
PASSED BY THE CITY COUNCIL: January 4, 1994
PUBLISHED: January 8, 1994
EFFECTIVE DATE: February 3, 1994
ORDINANCE NO. 94-204
ACCEPTANCE:
The undersigned hereby accepts all the rights, privileges and
obligations of the above granted Franchise and acknowledges that
such rights and privileges are subject to and limited by all of the
terms, conditions and obligations contained therein.
DATED this � day of Feb r�ary , 19 �4 .
VIACOM CABLE
��
BY • �'_'� �'''.�"
ITS • ..�-c�z �-�'�-�
K:10RDIN1VIACOM.94
Ord # 94-204 , Page 4