HomeMy WebLinkAbout3215 Extending the Duration of the Cable Television Franchise Held by WaveDivision I, LLCOrdinance 3215
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ORDINANCE NO. 3215
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. 3185 entitled AN ORDINANCE OF THE CITY
OF PORT TOWNSEND EXTENDING THE DURATION OF A CABLE FRANCHISE TO
WAVEDIVISION I, LLC, the City Council extended a franchise granted to WaveDivision I,
LLC ("Wave") for 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 extension expires on December 31, 2018, the City and
Wave continue to operate under the terms and conditions of the Franchise 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 and staff turnover has slowed
negotiations; 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 l"raticlitse;lm'er'in. The City has determined to extend the
term of the Franchise until December 31, 2019.
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.
Section3m.mmmmmmmmmmmmmm Severablitvy. 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
Ordinance 3215
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similar in terms and intent to such illegal, invalid or unenforceable provision as may be
legally possible.
Section 4.m .... w µNotice 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.
S ct,omti 5. tw onllictin Ordinances. All ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
Sectio,nm6m.-- 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 3rd day of December 2018.
Attest:
Joanna Sanders, MMC
City Clerk
d". ................
1 Yebo;r�ahS Stinson
Mayor
Approved as to form:
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l lcic i reed ood
City Attorney