HomeMy WebLinkAboutOrd 2224 - Cable Television System Franchise with Comcast of Washington Amended by 2273 0 y f I 0 ,-8,
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City of u la
Washington
Ordinance No. 2224 V
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; AMENDING ORDINANCE NO. 1688, SECTION 2, 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 January 24, 1994, the City of Tukwila passed Ordinance No. 1688,
which went into effect on February 2, 1994, 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, the City has determined the need for a one -year extension to evaluate
Comcast's franchise renewal proposal, and complete negotiations; 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 grants 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, is hereby amended by granting a one -year extension to extend
the length of the Franchise to a term of 16 years, from February 2, 1994 through 12:00
midnight, February 1, 2010.
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.
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 CQUNcIL OF THE CITY Or TUKWILA, WASHINGTON, at a
Regular Meeting thereof this t.X day of Fib f‘AQrL 2009.
ATTEST /AUTHENTICATED: J Cl...-- 6
Jim aggerton yor
Christy O'F CMC, CitfClerk
ed with the City Clerk: 1 4') -09
APPROV p. AS �i ORM BY Passed by the City Council: 09
Published:
�1 Effective Date: -1 f) Ocl
Offic? f the i"Att& ney Ordinance Number: t-{
C: Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \Comcast Franchise.doc
1/28/2009 Page 1 of 1
Comcast® Comcast Cable
15815 25th Ave. West
Lynnwood, WA 98087
May 7, 2009
SENT VIA OVERNIGHT MAIL
Ms. Christy O'Flaherty
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Franchise Extension Agreement Acceptance Form Ordinance No. 2224
Dear Ms O'Flaherty:
Enclosed please find one (1) fully executed copy of the "Franchise Extension Agreement
Acceptance Form extending the terms of the franchise agreement between the City of
Tukwila and Comcast of Washington IV, Inc to February 1, 2010.
If you have any questions concerning the above referenced document, please feel free to
call me at (425) 741 -5752 or Terry Davis at (253) 288 -7496.
Sincerely,
ag,
Ann Svensson
Franchise Contracts Administrator
Comcast WA Market
Encl.
Cc: Janet L. Turpen, Comcast w /out enclosures
Terry Davis, Comcast with enclosures
EXHIBIT B
FRANCHISE EXTENSION AGREEMENT ACCEPTANCE FORM
Comcast of Washington IV, Incorporated
Date 421- '7 41- 2009
City of Tukwila
City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Ordinance No. 2224 Adopted: February 2. 2009
Dear Ms. O'Flaherty,
In accordance with and as required be Section 4 of Ordinance No. 2224, passed be the City
Council and approved by the Mayor of February 2, 2009 (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
Vice President Finance
Comcast of Washington IV, Inc.
State of Colorado
SS
County of Arapahoe
On A Q(L? 26 200.9 before me, a Notary Public in and for said State personally
appeared Timothy T. Nester, know to me to be the 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.
seal.
HEATHER G ECKSTADT
Notary oa
State of Colorado
My Commission Expires Aprll 10, 2013 NOTARY PUBLIC in and for the state of
Colorado, residing at /65 S,7 fly-(& Cl
My Commission Expires: 4-(1017_,0 I
SUMMARY OF
Ordinance No. 2224
City of Tukwila, Washington
On February 2, 2009 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2224, 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 NO. 1688, SECTION 2,
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 2, 2009.
t) r e-olgi P
Christy O'Flaheery, CMC, City Clerk v
Published Seattle Times: February 5, 2009.