HomeMy WebLinkAbout3153 Extending the Duration of the Cable Television Franchise Held by WaveDivision I, LLC Ordinance 3153
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ORDINANCE NO. 3153
AN ORDINANCE OF THE CITY OF PORT TOWNSEND,WASHINGTON,
EXTENDING THE DURATION OF THE CABLE TELEVISION FRANCHISE HELD
BY WAVEDIVISION I,LLC
WHEREAS, pursuant to Ordinance No. 3068 entitled AN ORDINANCE OF THE CITY
OF PORT TOWNSEND GRANTING A CABLE FRANCHISE TO WAVEDIVISION 1, LLC
(WAVE), the City Council granted to WaveDivision 1, LLC ("Wave") the authority to install,
construct,operate and maintain a cable communications system within the City on the terms stated
therein(the "Franchise"); and
WHEREAS, while the Franchise expired on December 8, 2014, the City and Wave have
continued to operate under the terms and conditions of the Franchise since then, and are not
aware of any defaults on the part of either party under the terms and conditions of the Franchise;
and
WHEREAS, the City and Wave have begun renewal negotiations in accordance with
Section 626(h) of Title VI of the Communications Act of 1934, as amended, and the parties
continue to reserve all rights under Section 626 of Title VI of the Communications Act of 1934,
as amended, and do not waive any rights related thereto; and
WHEREAS,the City and Wave believe that it is in their mutual interest, and in the public
interest, to extend the term of the Franchise for an additional period of time so that cable service
to the public will not be interrupted;
NOW, THEREFORE, the City Council of the City of Port Townsend do ordain as
follows:
Section 1. Extension of the Franchise Term. The City has determined to extend the
term of the Franchise until December 31, 2017.
Section 2. No Other Amendments. Except as expressly modified by this Ordinance,
all terms, conditions and provisions of the Franchise shall continue in full force and effect
as set forth therein.
Section 3. Severability. If any provision of this Ordinance is held to be illegal, invalid
or unenforceable under present or future laws, such provision shall be fully severable. This
Ordinance shall be construed and enforced as if such illegal or otherwise unenforceable
provision had never comprised a part hereof. The remaining provisions of this Ordinance
shall remain in full force and effect and shall not be affected. Furthermore, in lieu of such
illegal, invalid or unenforceable provision there shall be added automatically as part of this
Ordinance a legal, valid and enforceable provision as similar in terms and intent to such
illegal, invalid or unenforceable provision as may be legally possible.
Ordinance 3153
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Section 4. Notice and Procedural Requirements. The Franchise was made,passed and
adopted in accordance with all applicable notice and procedure requirements under all laws
applicable to the City, and with all applicable notice and procedure requirements, and do
not conflict with the laws of the State of Washington or the laws, ordinances, resolutions
and other regulations of the City, as presently in effect or as the same were in effect at the
time the particular action was taken.
Section 5. Conflicting Ordinances. All ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Section 6. Effective Date. This Ordinance shall take effect five days after the date of
publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a meeting thereof,
held this 18th day of July, 2016.
Deborah S. Stinson
Mayor
Attest: Approved as to form:
�A' "-j" Al
Joanna Sanders, CMC Steven f.
City Clerk City Attorney