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HomeMy WebLinkAbout3153 Extending the Duration of the Cable Television Franchise Held by WaveDivision I, LLC Ordinance 3153 Page I of 2 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 Page 2 of 2 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