HomeMy WebLinkAboutOrd 2273 - Cable Television System Franchise with Comcast of WashingtonCity of Tukwila
Washington
Ordinance No. 2273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1688 §2 AND 2224 §1,
"LENGTH OF FRANCHISE," TO GRANT A CABLE TELEVISION SYSTEM
FRANCHISE EXTENSION TO COMCAST OF WASHINGTON IV,
INCORPORATED; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on February 2, 1994, the City of Tukwila (the "City passed Ordinance
No. 1688, granting a 15 -year, non exclusive franchise to construct, operate and maintain
a cable system within the City rights -of -way to Telecommunications Incorporated of
Seattle (TCI); and
WHEREAS, the legal name of the cable system operator changed from TCI to
Comcast of Washington IV, Incorporated (Comcast); and
WHEREAS, on February 2, 2009, the City passed Ordinance No. 2224, which
amended Ordinance No. 1688 and granted a one -year extension of the franchise
through February 1, 2010; and
WHEREAS, the City has determined that a comprehensive cable franchise
agreement renewal would require technical resources and a financial commitment of
approximately $30,000 to $40,000; and
WHEREAS, the City has determined that a three -year franchise extension would
significantly reduce the City's financial commitment by partnering and sharing the
costs for a comprehensive cable franchise renewal with several municipalities; and
WHEREAS, neither party waives any right which it enjoys under law as a result of
agreeing to this extension;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Length of Franchise Extended. Ordinance No. 1688, dated January 24,
1994, which granted a franchise to Comcast of Washington IV, Incorporated and sets
forth the terms and conditions of said franchise to construct, operate and maintain a
cable system within Tukwila City limits, and Ordinance No. 2224, dated February 2,
2009, which granted a one -year extension to February 1, 2010, are hereby amended by
granting a three -year extension to extend the length of the franchise to a term of 19
years, from February 2, 1994 through 12:00 midnight, February 1, 2013.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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Section 3. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
Section 4. Written Acceptance. Comcast shall accept this ordinance in its entirety in
writing within 30 days of the effective date. Failure to provide written acceptance
within such time shall render this ordinance voidable.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 1 sr day of Fe b f t a r+ 9 2010.
ATTEST AUTHENTICATED:
erty, CMC, City Clerk
cli
Christy O'Fla
APPROVED TO M BY:
Offiee of tCity
%l1
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Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
SUMMARY OF
Ordinance No. 2273
City of Tukwila, Washington
On February 1, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2273, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1688 §2 AND 2224 §1,
"LENGTH OF FRANCHISE," TO GRANT A CABLE TELEVISION SYSTEM
FRANCHISE EXTENSION TO COMCAST OF WASHINGTON IV,
INCORPORATED; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting thereof on February 1, 2010.
9 1
Published Seattle Times: February 4, 2010.
Christy O'Flah y, CMC, City Clerk
City of Tukwila
City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
Dear Ms. O'Flaherty,
County of Arapahoe
EXHIBIT B
FRANCHISE EXTENSION AGREEMENT ACCEPTANCE FORM
Comcast of Washington IV, Incorporated
Date: 2010
Re: Ordinance No. 2273 Adopted: February L 2010
ORIGINAL
In accordance with and as required be Section 4 of Ordinance No. 2273, passed be the City
Council and approved by the Mayor of February 1, 2010 (the "Ordinance Comcast of
Washington IV, Incorporated hereby accepts the terms, conditions and obligations to be complied
with or performed by it under the Ordinance.
Sincerely,
Timothy T. Nester
Senior Vice President Finance
Comcast of Washington IV, Inc.
State of Colorado
SS
On before me, a Notary Public in and for said State personally
appeared Timothy T. Nester, know to me to be the Senior Vice President of Finance, for the
corporation that executed the within Instrument, known to me to be the person who executed the
within Instrument on behalf of the corporation therein named as Grantee and acknowledged to me
that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its
board of directors.
Witness my ial seal.
rnern'(
NOT\AR+ PUBLIC in and fo theitat o_ J
Colorado, residing at 1 t: C r C6/ a
My Commission Expires: I a► R. act i s