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HomeMy WebLinkAbout96-076Resolution No. 9~ ?~, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND AMENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 1871 TO PORT TOWNSEND CABLE, LTD. TO OPERATE A CABLE TELEVISION SYSTEM WITHIN THE CITY OF PORT TOWNSEND BY EXTENDING THE TERM THROUGH JUNE 1, 1996 The City Council of the City of Port Townsend, Washington, does resolve as follows: WHEREAS, by Ordinance 1871 adopted by the City Council on December 16, 1980, the City granted a non-exclusive, 15-year franchise to Port Townsend Cable TV, Ltd. for the construction, maintenance and operation of a cable television system; and WHEREAS, the City has hired a consultant and is negotiating a renewal of the franchise with Port Townsend Cable TV Ltd.; 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, it is in the best interests of.the City and Port Townsend Cable TV, Ltd., to ensure that sufficient opportUnity exists for the parties to fully and openly negotiate franchise terms and conditions; WHEREAS, the existing franchise was extended through March 1, 1996 by Resolution No. 95-134; and WHEREAS, although progress has been made on many issues, the negotiations are still continuing', and WHEREAS, the parties must mutually agree to extend the franchise until June 1, 1996 or passage of a new franchise, whichever comes first, to allow further negotiations of the new franchise agreement, NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port Townsend as follows: 1. The term of the franchise passed by the City Council on December 16, 1980, under Ordinance No. 1871 is hereby extended through June 1, 1996 or until the City and Port Townsend Cable Inc. agree upon the terms and conditions of a replacement franchise ordinance, whichever date is earlier. 2. Once adopted, all terms and conditions of the new franchise are retroactive to January 1, 1996, the date of the expiration of the franchise granted by Ordinance No. 1871. 3. This extension granted by the paragraph 1 above shall be void and of no effect unless written acceptance of the extension by the franchisee is received by the City within 30 days after adoption of this resolution. 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. This resolution shall be in effect five days after its passage in the manner provided by law. Attest: / V~ra Fra~z?~eputy City ~rk ADOPTED by the City Council of the City of Port Townsend and signed by the Mayor on this 6th day of May, 1996. Julie ?¢~/cCulloch, Mayor ACCEPTANCE: ~~I~c~ City Attorney The undersigned hereby accepts all the rights, privileges and obligations of the above-extended Franchise and acknowledges that such fights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this day of ., 1996. PORT TOWNSEND CABLE TV, LTD. 05/02/96 CITY ATTORNEY§Res{PTCable.doc} By: Its