HomeMy WebLinkAbout3185 Extending the Cable Television Franchise Held by WaveDivision I, LLCOrdinance 3185
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ORDINANCE NO.3185
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 I, 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, because staff has not completed its work on updates to the Municipal Code
related to cable franchises and work in the City's rights -of -way, negotiations are taking longer
than originally anticipated; 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 thewFratichise °1 erm. The City has determined to extend the
term of the Franchise until December 31, 2018.
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. Severabilit . 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
Ordinance 3185
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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.
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. (onllicting 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 6th day of November, 2017.
Attest:
Joanna Sanders, MMC
City Clerk
f)cborah S. Stir'.°o�it
Mayor
Approved as to form:
Steven L. Gross
City Attorney
Via Entail
November 8, 2017
Mr. Steve Gross
City Attorney
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
Re: Acceptance of Franchise
Dear Steve:
The City Council of the City of Port Townsend, Washington, granted an extension of the
existing cable television franchise through December 31, 2017 to WaveDivision 1, LLC dba Wave
Broadband ("Wave"), by enacting Ordinance No. 3154. It granted a second extension, through
December 31, 2018 under Ordinance 3185, adopted November 6, 2017 (Attachment A). A copy
of the Ordinance granting the extended franchise was received by Wave on November 8, 2017.
Wave, for itself, its successors, and assigns, accepts the franchise and all the terms and.
conditions thereof, and files this, its written acceptance, with the (,1 ity of Port Townsend. By the
signature of its authorized representative below, Wave declares that it has carefully read the terms
and conditions of the franchise and accepts all of the terms and conditions of the franchise and
agrees to abide by same. In accepting a franchise, a grantee shall indicate that it has relied upon its
own investigation of all relevant facts, that it had the assistance of counsel, that it was not induced
to accept a firanchise, and that it accepts all reasonable risks related to the interpretation of the
franchise.
Thanks to you and the City Council for your assistance in getting this matter completed.
Very Truly Yours,
WaveDivision 1, LLC
By:
esTerre 'ounsel