HomeMy WebLinkAbout1997-040 TCI Cablevision Franchise Extension ORDINANCE No. 97- 40
AN ORDINANCE relating to franchises; amending Subsection 2.2 of Ordinance
No. 93 -115; and extending the term of the non - exclusive
franchise with TCI Cablevision of Yakima, Inc., one year,
from 15 to 16 years from the effective date of Ordinance
No. 93 -115.
WHEREAS, in December 1993, the Yakima City Council passed
Ordinance No. 93 -115 granting a non - exclusive franchise to TCI Cablevision of
Yakima, Inc., to operate and maintain a cable communications system
throughout the City of Yakima;
WHEREAS, Section 2.6 of Ordinance No. 93 -115 provides for periodic
public reviews of the cable system operator's (TCI's) compliance with the
Ordinance at three -year intervals, and further provides that after completion of
such review, 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 TCI, extend the
term of the franchise set forth in Section 2.2 of Ordinance No. 93 -115 by one
additional year;
WHEREAS, this periodic review was conducted in 1997 by the staff of the
City's Cable Communications Division,
WHEREAS, a public hearing was held before the Yakima City Council on
May 20, 1997, on the review findings document and the recommendation of the
one -year extension of the term of the Franchise; and
WHEREAS, the City Council was satisfied that the public interest will be
served by extending the term of the Franchise by one additional year, and voted
to approve the grant of the one -year extension of the term of the Franchise at
the public hearing on May 20, 1997; now, therefore,
Page 1
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Subsection 2.2 of Ordinance No. 93 -115 is amended to read as
follows:
2.2 Franchise Term. The term of the Franchise shall be
fifteen (15) yearssixteen (16) 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 sooner in
accordance with this Ordinance.
Section 2. This ordinance shall be in full force and effect 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 I ? 7-H day of
. ScJ , 1997. •
/
ynn Buchanan, Mayor
ATTEST:
City Clerk
Publication Date: June 20, 1997
Effective Date: July 20, 1997
CITY CONTRACT NO: 93 - I I I _
Page 2
3'
The terms and conditions of this Ordinance are accepted this L day of
31f ety140,V , 1997, by the permittee, TCI of Yakima, Inc., a Washington
Corporation.
By: WL /.
Print- a N. -: 3- 0.se,. h Bo 7 -
Its(res i De rrr
STA • F WASHINGTON )
:ss.
County of )
On this .: of before me personally appeared
to - known to be the of
the corporation that executed the c egoing instrument, and acknowledged said
instrument to be the free and volunt. ' act and deed of said corporation, for
the uses and purposes therein mentione. , .nd on oath stated that he /she is
authorized to execute said instrument on beh. $ of TCI of Yakima, Inc.
Given under my hand and official seal th - day and year last above
written.
Printed Name:
NOTARY PUBLIC in d for the
State of Washington, r- .iding at
My commission expires:
Page 3
. 7.
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State of Oregon )
) ss.
County of Washington )
On September 2, 1997, before me personally appeared Joseph Bonica, Jr., known to me to be the President of the
corporation that executed the within instrument, known me to be the person who executed the within instrument on
behalf of the corporation therein named as TCI and acknowledged to me that such corporation executed the within
instrument pursuant to its by -laws or a resolution of its board of directors.
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WITNESS my hand and official seal `..,t. OFFICIAL SEAL
JE °EAN Fl. LINDBECK
' rOTARY PUBLIC - OREGON
"` COMMISSION NO. 049307
, a
MY COMMISSION EXPIRES NOVEMBER 28,1899
n M. Lindbeck
Notary Public - Oregon
My commission expires: November 28, 1999
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /.�
For Meeting Of June17. 1997
ITEM TITLE: Legislation to extend the Franchise with TCI Cablevision of
Yakima to construct and operate a cable television system within the City of
Yakima, granted under Cable Television Franchise Ordinance No. 93 -115, by
one year.
SUBMITTED BY: Glenn Valenzuela, Director, Community and Econ.
Development Department
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CONTACT PERSON /TELEPHONE: Randy Beehler, Cable
Communications Manager, 575-6092
SUMMARY EXPLANATION: The Cable Communications Division staff
conducted a Periodic Public Review of Cable Television Franchise Ordinance
No. 93 -115 from January 6, 1997 to March 30, 1997. The purpose of the review
was to determine TCI's compliance with all provisions of the Ordinance and the
continued effectiveness of the Franchise in serving the community's needs. The
review indicated generally favorable compliance by TCI with all provisions of
the Ordinance and indicated the Franchise continues to effectively serve the
community's needs. The Ordinance (see Section 2.6) provides the City Council
the option of granting a one -year extension of the Franchise following the
successful completion of reviews every 3 years. Based on the findings of the
review, the Cable Communications Division recommended the Council grant a
one -year extension of the Franchise. Following a May 20, 1997 public hearing
on the review findings and Franchise extension recommendation, the Council
directed the Legal Department to draft appropriate legislation granting a one -
year Franchise extension.
Resolution Ordinance Contract
Other (Specify)
APPROVAL FOR SUBMITTAL:
Cit Manager
er g
STAFF RECOMMENDATION: Adopt legislation.
BOARD /COMMISSION RECOMMENDATION: The Cable Advisory
Committee and the City Council Cable Committee concur with the staff
recommendation.
COUNCIL ACTION: Ordinance passed. Ordinance No. 97 -40