HomeMy WebLinkAbout2000-024 Charter Communications Franchise Extension ORDINANCE NO. 2000- 24
AN ORDINANCE relating to franchises; amending Subsection 2.2 of
Ordinance No. 93 -115, as amended by Ordinance Nos.
97 -40, No. 98 -30, No. 99 -09 and No. 99 -31; and extending
the term of the non - exclusive franchise with Charter
Communications Holding Company, LLC, one (1) year,
from sixteen (16) years to seventeen (17) years, from the
effective date of Ordinance No. 93 -115.
WHEREAS, in August 1999, the Yakima City Council passed Ordinance
No. 99 -31 approving transfer of a non - exclusive franchise (the "Franchise ") to
operate and maintain a cable communications system throughout the City of
Yakima (the "City ") granted under Ordinance No. 93 -115, as amended by
Ordinance Nos. 97 -40, No. 98 -30 and No. 99 -09 (hereafter referred to as the
"Ordinance "), to Charter Communications Holding Company, LLC ( "Charter ");
and
WHEREAS, Section 2.6 of the Ordinance provides for periodic public
reviews of the Franchise grantee's (Charter) compliance with the Franchise at
three -year intervals, 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
Cable Communications Manager between January 3, 2000 and April 28, 2000;
and
WHEREAS, a public hearing was held before the Yakima City Council on
June 6, 2000, on the periodic public review findings document and the
recommendation by the City's Cable Communications Manager to extend the
is
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term of the Franchise by one (1) year, based on the generally favorable finding of
the periodic public review; 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 Ordinance
Nos. 97 -40, No. 98 -30, No. 99 -09 and No. 99 -31, is amended to read as follows:
2.2 Franchise Term. The term of the Franchise shall be
sixteen (16) seventeen (17) years from the effective date of
Ordinance No. 93 -115, unless further extended in accordance with
the provisions in 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.
PASSED BY THE CITY COUNCIL, signed and approved this 27thday of
June , 2000.
Mary
2/7; Mayor
ATTEST:
City Clerk
Publication Date: 6/30/00
Effective Date: 7/30/00
-2-
•
t — kLASIAd
The terms and conditions of this Ordinance are accepted this 27 day-of-June, •
2000, by the permittee, Charter Communications, a Washington Corporation.
B
Printed Name Kl . �ilGCtcl -,
Its: P 1 ��Cr�jC
STATE OF WASHINGTON }
:ss
County of 0 C1r }
On this ;' day of - - - , i, ;, ! — (Th fore me personally
appeared t ; ; ele..w; to me known to be the k-t 0 -ut-.- (11.treutwo
Of the corporation that executed the foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he /she is authorized to execute said
instrument on behalf of Charger Communications.
Given under my hand and official seal the day and year last above written.
Printed Name: 14:0_1.4 . i" :
NOTARY PUBLIC in-andrfor the State of
Washington, residing at l a
My commission expires: La I e/-1-
•
Ordinance No. 2000 -24
•
0 BUSINESS OF THE CITY COUNCIL
YAKIMA WASHINGTON
AGENDA STATEMENT
Item No. ) i
For Meeting Of June 27, 2000
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
and 99 -31.
SUBMITTED BY: Bill Cook, Director, Community and Economic Development Department
CONTACT PERSON /TELEPHONE: Randy Beehler, Cable Communications 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 on
January 3, 2000 and concluding on April 28, 2000, the City's Cable Communications Division
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 and its predecessors. Based on those findings, the City's Cable Communications
Division manager recommended the Franchise be extended by one year, as provided for in the
Ordinance.
A public hearing regarding the Review Findings Document and the franchise extension
recommendation was conducted during the June 6, 2000 Yakima City Council regular agenda
meeting. Following said public hearing, the City Council accepted the Review Findings
Document and directed City staff to prepare appropriate legislation extending the Franchise by
one year. Said legislation is attached.
Resolution Ordinance X Other (specify)
Contract Mail to (name & address)
Phone:
Funding Source
APPROVAL FOR SUBMITTAL: ��_ City Manager
ID
STAFF RECOMMENDATION: Pass ordinance.
BOARD /COMMISSION RECOMMENDATION: N/A
COUNCIL ACTION: