HomeMy WebLinkAbout2005-021 Northwest Microwave, Inc. Franchise Extension; Ordinance 2001-21 Amendment v
ORDINANCE NO. 2005-21
AN ORDINANCE relating to franchises; amending Subsection 2.2 of
Ordinance No. 2001 -21 and extending the term of the
non- exclusive franchise with Northwest Microwave, Inc.
one (1) year, from nine (9) years to ten (10) years, from the
effective date of Ordinance No 2001 -21.
WHEREAS, Section 2.7 of City of Telecommunications System Franchise
Ordinance No 2001 -21 (hereafter referred to as the "Ordinance "), provides for
periodic public reviews of the Franchise grantee's, Northwest Microwave, Inc.
( "NWI "), compliance with the Franchise, and 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, 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 2005 and March 2005, and
WHEREAS, based on the generally favorable findings of the periodic
public review which indicated NWI 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 mterest
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 2001 -21 is amended to read as
follows:
2.2 Franchise Term. The term of this Franchise shall be
nine (9) ten (10) years from the effective date unless extended in
accordance with the provisions in Sections 2.7 or 2.12 of this
Franchise or terminated sooner in accordance with this Franchise.
This provision does not affect the City's right to revoke this
Franchise for cause, because of a breach of any promise, condition
or stipulation stated herein.
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
PASSED BY THE CITY COUNCIL, signed and approved this 3 day of
May, 2005
Paul P George, Mayor
ATTEST
City Clerk
Publication Date: 5/6/05.
Effective Date: 6/5/05
-2-
NORTHWEE T MICROWAVE, INC.
By .7 ya G--t.
Its. I // e/e
State of ZU
)ss.
County of y .---- )
I hereby certify that I know or have satisfactory evidence that
s 0 . A « •7 . h is the person who appeared
before me, and said person acknowledged that he /she signed this mstrument, and on oath
stated that he /she was authorized to execute the instrument on behalf of Northwest
Microwave, Inc., a n d acknowledged i t as the (/, oe j 7 N �s , d am;, - � - o4- A) Q.t w ov.k) h q of
Northwest Microwave, Inc., to be the free and voluntary act of such party for the uses and
purposes mentioned in this mstrument.
Dated this L L day of , 2005
Prmt Name IbaNb L am. - . CaMr
NOTARY PUBLIC in and for the State of
?Va.-4- i.. , residing at
•
My comnussion expires. 0.4 /c, 2o o
-3-
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item Nov
For Meeting Of May 3` 2005
ITEM TITLE: An ordinance extending, by one year, a franchise authorizing Northwest
Microwave, Inc to construct, operate and maintain a telecommunications system within the City
of Yakima, granted under City of Yakima Telecommunications System Franchise Ordinance
No 2001 -21
SUBMITTED BY: Randy Beehler, Community Relations Manager
CONTACT PERSON/TELEPHONE: Randy Beehler, Community Relations Manager,
575 -6092
SUMMARY EXPLANATION: City of Yakima Telecommunications System Franchise
Ordinance No 2001 -21, (the "Ordinance ") Section 2.2 provides for Periodic Public Reviews of
the Ordinance, the franchise granted under the Ordinance to Northwest Microwave, Inc to
construct, operate and maintain a telecommunications 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 Beginning in January 2005 and concluding at the end of March
2005, 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 satisfactory 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
2001 -21 was June l 2001 With passage of the attached ordinance, the term of the Franchise
would be extended until June 0, 2011
Resolution Ordinance X Other (specify)
Contract _ Mail to (name & address)
Phone.
Funding Source
APPROVAL FOR SUBMITTAL. City Manager
STAFF RECOMMENDATION: Pass ordinance.
BOARD /COMMISSION RECOMMENDATION: N/A
COUNCIL ACTION: Ordinande passed. ORDINANCE NO. 2005 -21