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Home My WebLink About2007-029 Charter Communications Franchise Extension; Amending 2.2 of Ordinance 93-115 a ORDINANCE NO. 2007 -29 AN ORDINANCE relating to franchises, amending Subsection 2.2 of Ordinance No 93 -115, as amended by Ordinances No 97-40, No 98 -30, No 99 -09, No 99 -31, No 2000 -24, and No 2003 -41, and extending the term of the non - exclusive franchise with Charter Communications Holding Company, LLC, one (1) year, from eighteen (18) years to nineteen (19) years, from the effective date of Ordinance No 93 -115 WHEREAS, Sechon 2.6 of City of Yakima Cable Communications System Franchise Ordinance No 93 -115 (effective date January 21, 1994), as amended by Ordinances No 97-40, No 98-30, No 99-09, No 99 -31, No 2000 -24, and No 2003 -41 (hereafter referred to as the "Ordinance "), provides for periodic public reviews of compliance with the Franchise by the Franchise grantee, Charter Communications Holding Company, LLC ( "Charter ") The Ordinance further provides that after completion of such reviews, if the City is satisfied that the public interest will be served by extending the term of the Franchise, it may, with the consent of the Franchise grantee, extend the term of the Franchise as set forth in Section 2.2 of the Ordinance, by one (1) additional year; and WHEREAS, such a periodic public review was conducted by the City's Community Relations Manager between January 2007 and April 2007, and WHEREAS, based on the generally favorable findings of the periodic public review which indicated Charter has complied with the terms and conditions of the Franchise, the City's Community Relations Manager has recommended that the Yakima City Council extend the term of the Franchise by one (1) year, and WHEREAS, the Yakima City Council is satisfied that the public interest will be served by extending the term of the Franchise by one (1) additional year; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. SECTION 1 Subsection 2.2 of Ordinance No 93 -115, as amended by Ordinances No 97 -40, No 98 -30, No 99 -09, No 99 -31, No 2000 -24, and No 2003 -41 is amended to read as follows. 2.2 Franchise Term. The term of the Franchise shall be eighteen (18) nineteen (19) years from the effective date of Ordinance No 93 -115, unless further extended in accordance with the provisions m Sections 2.6 or 2.11 or terminated in accordance with this Ordinance. SECTION 2. This ordinance shall be in full force and effect thirty (30) days after its passage, approval and publication as provided by law and by the City Charter 9 PASSED BY THE CITY COUNCIL, signed and approved this 5th day of June, 2007 CITY OF YAKIMA CHARTER COMMUNICATIONS HOLDING COMPANY, L.L.C. i A. NOW/ . V� // ��41011t N : vi. Ed1er, Mayor I re.s i'alen fi e-51 Op x . J-! ,� P 9 Attest: G- ror,� - )"Y(c_ , City Clerk Publication Date. June 8, 2007 Effective Date. July 8, 2007 State of d--' ) ) ss County of ) f I hereby certify that I know or have satisfactory evidence that e-V ! t O �a_t is the person who appeared before me, and said person ac that he /she signed this instrument, stated that he /she was authorized to executthe instrument on behalf of Charter f Communications Holding Compa & y am L.L.C., and acknowledged it as the r�s i c,e ,.t 1,0 4-5 f (Qp �,f-� i� or Charter Communications Holding Company, L.L.C., to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated this - -€C day of 41 1 2 • ..e/ . " ;; . it N ..i • •oSP 1+ e RA of A R. lo ,. Print Name ir 1 t D h ( et y f 77 of ON ,� 03 o NOTARY PUBLIC in and for the State is VP. C O t . ® - P residing at 11 5 5 L 1-1- k5 i -, My comrrussion expires. —Sik f y 4 ape? fikc k�.v; 3013 -2- .. a BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No ( For Meeting Of June 5, 2007 ITEM TITLE An ordinance extending, by one year, a franchise authorizing Charter Communications Holding Company, LLC to construct, operate and maintain a cable communications system within the City of Yakima, granted under City of Yakima Cable Television Franchise Ordinance No 93 -115, as modified by Ordinances No 97 -40, 98 -30, 99 -09 99 -31, 2000 -24, and 2003- 41 SUBMITTED BY Dave Zabell, Assistant City Manager CONTACT PERSON /TELEPHONE Randy Beehler, Community Relations Manager, 575 -6092 SUMMARY EXPLANATION• City of Yakima Cable Television Franchise Ordinance No 93 -115, (the "Ordinance ") provides for Periodic Public Reviews of the Ordinance, the franchise granted under the Ordinance to a cable television provider to construct, operate and maintain a cable communications system along City rights -of -way (the "Franchise "), and the overall performance of the Franchise grantee in meeting the terms and conditions of the Franchise. The current Franchise grantee is Charter Communications Holding Company, LLC Beginning in January 2007 and concluding in April 2007, the City's Community Relations Manager conducted such a review by examining pertinent documents, soliciting input from other City divisions and departments, requesting information from the Franchise grantee and reviewing each section of the Franchise for compliance by the Franchise grantee. Said review indicated generally favorable compliance with the Franchise by the Franchise grantee Based on those findings, the City's Community Relations Manager recommends the Franchise be extended by one year, as provided for in the Ordinance. The effective date of Ordinance No 93 -115 was January 21, 1994, so the Franchise would be extended until January 21, 2013 Resolution Ordinance X Other (specify) Contract Mail to (name & address) Phone Funding Source APPROVAL FOR SUBMITTAL A. f V- City Manager •- STAFF RECOMMENDATION• Pass ordinance BOARD /COMMISSION RECOMMENDATION: N/A COUNCIL ACTION Ordinance passed. Ordinance No. 2007 -29 �jTy At„ C harter COMMUNICATIONS® June 16, 2009 VIA CERTIFIED MAIL/ RETURN RECEIPT REQUESTED Randy Beehler Community Relations Manager City of Yakima 124 S 2nd Street Yakima, WA 98901 RE Extension to the existing cable television franchise agreement entered into by and between the City of Yakima, Washington ( "City ") and Falcon Video Communications L.P , locally known as Charter Communications ( "Charter ") (i.e , the "Franchise Agreement ") Dear Mr Beehler Please find enclosed one (1) fully executed original City of Yakima Ordinance No 2007 -29, which extends the Franchise Agreement until January 21, 2013 If you have any questions and /or comments regarding the enclosed, please feel free to contact me directly at (360) 258 -5102, or Mr Randy Lee, Director of Operations — Washington at (509) 222 -2555 Thank you for your attention to this matter Sincerely, Sky M. Laron Manager, Government Relations Charter Communications Northwest Key Market Area (KMA) Enclosure(s) Cc Randy Lee, Director of Operations — Washington Northwest KMA Office 222 Park Plaza Drive, Suite 231 • Vancouver Washington • 98684 www.chartercom.com • tel: 360.828.6700 • fax: 360.258.5097