Ord 94-205
ORDINANCE NO.
94-205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO CABLE
COMMUNICATION FRANCHISES, AMENDING ORDINANCE
NO. 93-162, EXTENDING THE NON-EXCLUSIVE
FRANCHISE WITH TCI.
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,
TCI
Cablevision
of
Washington,
Inc.
(hereinafter
"TCI"),
and
its
predecessor companies by King County Ordinance No. 978 and motions
and
amendments
related
thereto,
and
Franchise
No.
547,
and
amendments related thereto ( collectively, the "TCI Franchise"); and
WHEREAS, the TCI Franchise as granted by King County to
TCI expired on September 6, 1991; and
WHEREAS, by Ordinance No. 93-162, the City of Federal Way
granted an extension of the TCI Franchise 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
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 TCI have met and begun negotiating
possible non-exclusive franchise terms and conditions; and
Ord #
94-205
, Page 1
COpy
WHEREAS, it is in the best interests of the City and TCI
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 TCI 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. 93-162, Section 2, is amended
as follows:
The
non-exclusive
TCI
Franchise
for
cable
communication systems along, across and upon the public
streets, ways,
alleys, and places within the city of
Federal Way is extended thra\i~ until February 14, 1994~,
or until the city and TCI 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-exclusive
franchise granted by King County to TCI,
as amended;
provided, however, that in the event the City of Federal
Way determines that TCI is not negotiating in good faith,
it may terminate this TCI Franchise after thirty (30)
days' notice to TCI and after TCI's failure to commence
good faith negotiations within such time period, which
Ord #
94-205
, Page 2
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 TCI Franchise
are equal to five percent
(5%)
of the gross
income
received by TCI 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.
PASSED by the City Council of the city of Federal Way
this
4th
day of
January
, 1994.
CITY OF FEDERAL WAY
~~~.v
MA¥ R, Y E. GATES
Ord #
94-205
, Page 3
~
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. 94-205
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 ,19---.
TCI CABLEVISION OF WASHINGTON, INC.
BY:
ITS:
K,IORDIN\TCI.94
Ord # 94-205
, Page 4