Ord 95-228
ORDINANCE NO.
Q~-1111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO CABLE
COMMUNICATION FRANCHISES, AMENDING ORDINANCE
NO. 94-205, 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 by Ordinance No.
94-205 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
WHEREAS, pursuant to RCW 35A.11.030, the city of Federal
Way has the power, among other things, to grant franchises; and
Ord # C ~-1111
, Page 1
c ø py- i'l
WHEREAS, the city and TCI have met and begun negotiating
possible non-exclusive franchise terms and conditions; and
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
sixty (60) days beginning February 15,1995, and ending August 14,
1995; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Ordinance No. 94-205, section 1, 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 tmtil FcBFliary 11,
1995 from
Februarv 15. 1995 until Acril 14. 1995, or until the city
and
TCI
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-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'
Ord #
Q~-1111
, Page 2
notice to TCI and after TCI'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 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 five (5) days after passage, as provided by law.
PASSED by the City Council of the city of Federal Way
this
7th
day of
Februarv
, 1995.
CITY OF FEDERAL WAY
77 /' W ~ >~::t;t:(aó-)
MAYO~, Y E. GATES
Ord #
95-228
, Page 3
ATTEST:
APPROVED AS TO FORM:
~~)
CÌTY ATTO . ND. INDELL
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. C ~-228
Ord # C ~-1111
, Page 4
�
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 �r�J , 19�.
TCI CABLEVISION OF WASHINGTON, INC.
K:\ORDIN\TCI.95
BY • � �'
ITS • QAViD M. REYNOLDS- C. VP/G00
Ord # 95-228 , Page 5 0 � � � � � � �