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