Loading...
HomeMy WebLinkAbout2013-057 Charter Communications Franchise Extension ORDINANCE NO. 2013 -057 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. I /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 24 2014; and WHEREAS, the City of Yakima and Falcon Video Communications, L.P. I /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 twenty-) 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. PASSED BY THE CITY COUNCIL, signed and approved th 10 day of December, 2013. CITY OF YAKIMA FALCON VIDEO COMMUNICATIONS, L.P. I /k/a CHARTER COMMUNICATIONS 4/1 By Micah Cawle (j Its: Attest: • ��..y,` e �1 S AL" --. l k; ■ 1 ms City Clerk i s * 7 o . r Publication Date: December 13, 2013 Effective Date: January 12, 2014 State of ) ) ss. County of ) 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. I /k/a Charter Communications, and acknowledged it as the of Falcon Video Communications, L.P. I /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: -2- In k �iT ryr �. : g d 4M BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S 1< For Meeting of: 12/10/2013 ITEM TITLE: Ordinance extending Cable Communications System Franchise Term SUBMITTED BY: Randy Beehler, Communications & Public Affairs Director SUMMARY EXPLANATION: 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 N/A Impact: Strategic Priority: NA Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: 4=1bl 6/ E45 4 . 4 .- City Manager RECOMMENDATION: Staff recommends adoption of the ordinance. ATTACHMENTS: Description Upload Date Type 0 ordinance