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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