HomeMy WebLinkAbout3243 Extending the Duration of the Cable Televsion Franchise Held by Wave Division I, LLC Ordinance 3243
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ORDINANCE NO. 3243
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. 3215 entitled AN ORDINANCE OF THE CITY
OF PORT TOWNSEND EXTENDING THE DURATION OF A CABLE FRANCHISE TO
WAVEDIVISION 1, 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, 2019, 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, 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 June 30, 2020.
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 3243
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Section 4. Notice and Procedural Rec ire encs, 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 16th day of December 2019.
ilt r" OV31C ... ..
b)or ah S. Stinson
Mayor
Attest: Approved as to form:
Joanna Sanders, MMC Heidi (Green ')c:d
City Clerk City Attorney