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HomeMy WebLinkAbout2536 P. T. Cable TV FranchiseOrdinance No. 2536 AN ORDINANCE OF THE CITY OF PORT TOWNSEND GRANTING A NON-EXCLUSIVE CABLE FRANCHISE TO PORT TOWNSEND CABLE TV LIMITED PARTNERSHIP ("OPERATOR'), AND PROVIDING FOR FRANCHISE FEES, TERM OF FRANCHISE, SERVICE AREA, TECHNICAL STANDARDS AND EVALUATIONS, REPORTING REQUIREMENTS, ACCESS CHANNELS, AN ACCESS EQUIPMENT AND FACILITIES FUND, RETURN LINES, A SYSTEM UPGRADE, PENALTIES, AND BOND AND INSURANCE PROVISIONS IN CONNECTION WITH OPERATING A CABLE SYSTEM FOR THE DISTRIBUTION OF TELEVISION SIGNALS, AND AUTHORIZING THE MAYOR TO SIGN A 15-YEAR RENEWAL FRANCHISE AGREEMENT WITH THE OPERATOR RECITALS AND FINDINGS The City Council of the City of Port Townsend finds as follows: 1. Pursuant to RCW 35.23.440(37) and 35.23.390 - .400, the City of Port Townsend ("City") has the power, among other things, to grant franchises to permit the use of streets and public rights-of-way for purposes of public service. 2. By Ordinance 1871 adopted by the City Council on December 16, 1980, the City granted a non-exclusive, 15-year franchise to Port Townsend Cable TV Limited Partnership, for the construction, maintenance and operation of a cable television system, which ordinance has been extended twice pending franchise renewal negotiations. 3. Port Townsend Cable TV Limited Partnership (d/b/a Summit Communications, Inc.), (the "Operator" or "Applicant") applied for a renewal franchise in response to the City's Request for Renewal Proposal, and the City and the Applicant entered into negotiations over franchise terms for a renewal franchise. 4. The City hired 3-H Cable Communications Inc., as consultants, to review the Applicant's compliance with the material terms of the prior franchise and the quality of the Applicant's service, to draft a Master Cable Ordinance and proposed Franchise Agreement on behalf of the City, and to discuss and negotiate franchise terms with the Applicant. 5. The City's consultants have extensive experience in representing cities in franchise renewal negotiations and have competently represented City and public interests in the negotiations with the Applicant, in cooperation with the City Attorney's office, and in ongoing consultation with City Council members with technical expertise in the area of telecommunications and local broadcasting. 6. The negotiations with the Applicant have particularly focused on the community's cable- related neexls with regards to public, educational, and governmental (PEG") uses and a system upgrade. 7. Based on a 1992 community needs report, as well as continuous public, agency and governmental input over the years, the City Council f'mds that the future cable-related needs of the community will be best served by a public access studio for public, educational, governmental and community broadcasting, to be established in cooperation with the Port Townsend School District and following further public and committee input. 8. The City Council finds that the establishment of a Public Access Equipment and Facilities Fund is a desirable and cost-effective method for creating and funding a public access studio and equipment, and the Operator has agreed to establish such a Fund. 9. This ordinance granting a non,exclusive franchise to the Applicant has been published in the official newspaper of the city of Port Townsend prior to its passage as required by RCW 35.23.400. 10. On August 19, 1996, the City Council approved a Master Cable Television Ordinance, the terms of which will govern the provision of cable communications systems within the city of Port Townsend and which apply uniformly to this franchise as well as to all cable franchises in the City of Port Townsend. 11. On August 19, 1996, the City Council held a public hearing on this franchise renewal proposal to consider comments, evidence and/or testimony from the public and other public agencies, as well as the Operator and City staff; the Operator had an opportunity at the public hearing to participate in the hearing, including the right to introduce evidence, require the production of evidence, and to question witnesses. 12. ' Pursuant to section 5.14.050 of the Master Cable Ordinance, the City Council finds that: a. The Applicant has substantially complied with the material terms of the existing Franchise and applicable law; and b. The quality of the Applicant's service, including but not limited to signal quality and response to consumer complaints and billing practices, but without regard to the mix, quality or level of cable services or other services provided over the system, has been reasonable in light of community needs; and c. The Applicant has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in its proposal; and d. The Applicant's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting those needs and interests. 2 Ord. 2536 NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: Section 1. The City of Port Townsend hereby grants to the Operator the right, privilege, authority and franchise to construct, operate and maintain a cable communications system in the franchise area on the terms and conditions provided in the attached Exhibit A, which is incorporated by reference as if fully set forth. This franchise shall, on its effective date, supersede and replace all previous franchises granted by the City of Port Townsend to the Operator, its predecessors, subsidiaries or affiliated companies. Section 2. The Mayor is hereby authorized to sign the Franchise Agreement in substantially the same form as in the attached Exhibit A. ~. This ordinance granting a non-exclusive cable Franchise Agreement with Port Townsend Cable TV Limited Partnership shall not be codified and included in the Port Townsend Municipal Code book. Upon request, copies of the Franchise Agreement shall be available at the City Clerk's office, City Hall. Section 4. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. ThiS ordinance Shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 19th day of August, 1996. Juli~vlcCulloch, Mayor Attest: Approved as to Eo~.Q Mar57i~n~~t~f City Attorney 08/14/96;07/18/96 [Cable] Ord\{CabFran.doe} 3 Ord. 2536