HomeMy WebLinkAbout12/10/2013 05K Charter Communications Franchise ExtensionBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: 12/10/2013
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ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Ordinance extending Cable Communications System
Franchise Term
Randy Beehler, Communications & Public Affairs Director
The existing Cable Communications System Franchise ("Franchise") granted to Falcon Video
Communications, L.P. I/k/a Charter Communications ("Charter") will expire on January 24th,
2014. The City of Yakima and Charter are currently involved in development and negotiation of
a franchise renewal ordinance, which will not be completed prior to the existing expiration date
of the Franchise. In order to allow sufficient time to complete development and negotiation of a
franchise renewal ordinance, it is necessary to extend the term of the Franchise by up to one (1)
year. It is anticipated that development and negotiation of a franchise renewal ordinance will be
completed within one (1) year from the extension date.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source/Fiscal
Impact:
Strategic Priority: NA
Insurance Required? No
Mail to:
Phone:
N/A
APPROVED FOR
SUBMITTAL:
City Manager
RECOMMENDATION:
Staff recommends adoption of the ordinance.
ATTACHMENTS:
Description Upload Date
ordinance 12/3/2013
Type
Cover Memo
ORDINANCE NO. 2013 -
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, No.
2003-41, No. 2007-29, and No. 2009-25; and extending the
term of the non-exclusive franchise with Falcon Video
Communications, L.P. l/k/a Charter Communications by
up to one (1) year from the effective date (January 21,
1994) of Ordinance No. 93-115.
WHEREAS, City of Yakima Cable Communications System Franchise
Ordinance No. 93-115, as amended by Ordinances No. 97-40, No. 98-30, No. 99-
09, No. 99-31, No. 2000-24, No. 2003-41, 2007-29, and 2009-25 (hereafter referred
to as the "Franchise"), will expire on January 24th, 2014; and
WHEREAS, the City of Yakima and Falcon Video Communications, L.P.
1/k/a Charter Communications, the Franchise grantee, are currently involved in
development and negotiation of a franchise renewal ordinance ; and
WHEREAS, the development and negotiation of a franchise renewal
ordinance will not be completed prior to the existing expiration date of the
Franchise; and
WHEREAS, in order to allow sufficient time to complete the development
and negotiation of a franchise renewal ordinance it is necessary to extend the
term of the Franchise by up to 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 up to one (1) 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, No. 2003-41, No. 2007-29,
and No. 2009-25 is amended to read as follows:
2.2 Franchise Term. The term of the Franchise shall be
twcnty (20) twenty-one (21) 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.
-2-
PASSED BY THE CITY COUNCIL, signed and approved this day of
2013.
CITY OF YAKIMA
Micah Cawley, Mayor
Attest:
City Clerk
Publication Date:
Effective Date:
-3-
FALCON VIDEO
COMMUNICATIONS, L.P. 1/k/a
CHARTER
COMMUNICATIONS
By:
Its:
State of
County of
) ss.
I hereby certify that I know or have satisfactory evidence that
is the person who appeared before me, and
said person acknowledged that he/she signed this instrument, and on oath
stated that he/ she was authorized to execute the instrument on behalf of Falcon
Video Communications, L.P. 1/k/a Charter Communications, and acknowledged
it as the of Falcon Video Communications,
L.P. 1/k/a Charter Communications, to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
Dated this
day of , 2013.
Print Name:
NOTARY PUBLIC in and for the State
of
residing at
My commission expires:
-4-