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HomeMy WebLinkAboutord1994-050t WIrATCOM COUNTY COUNCIL AGENDA BILL NO. 94 -340A CLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: Originator: Transportation Services ® JUL 1 9 1994 WHATCOM COUNTY q COUNCIL 7/26/94 Council Division Head: 8/9/94 Council Dept. Head: Jeffrey M. Monsen 1814y 9/1.3/1-1 Co Prosecutor: D(a Z �j' Purchasing/Budget. Executive: 1 (� SUBJECT.• Ordinance amending Ordinance No. 84 -60 to extend TCI Cablevision Franchise Term for one (1) year. ATTACHMENTS: Ordinance SUM, MARY STATEMENT: Please complete sections of box as appropriate & explain the item below. Ordinance requested as per Council. ORIGINATOR'S RECOMMENDED ACTION. Council approval COMMITTEE ACTION TAKEN. COUNCIL ACTION TAKEN. 8/9/94: Withdrawn -.s ctt tit 14 4—' 9/13/94: Council adopted the ordinance. 7 -0 Related File Numbers: Ordinance or Resolution Number (this item only): Ord 94 -050 SPONSORD BY: Consent PROPOSED BY: Counci 1 INTRODUCTION DATE: July 26, 1994 1 ORDINANCE NO. 94 -050 2 AN ORDINANCE AMENDING ORDINANCE NO. 84 -60 DATED JULY 5, 1984, AN 3 ORDINANCE IN THE MATTER OF GRANTING A NON - EXCLUSIVE FRANCHISE TO 4 NATION WIDE CABLEVISION, INC., FOR A PERIOD OF 10 YEARS PURSUANT TO 5 STATE LAW AND SECTION 9.30 OF THE WHATCOM COUNTY HOME RULE 6 CHARTER, TO OPERATE AND MAINTAIN A CABLE COMMUNICATION SYSTEM 7 WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY, FOR THE 8 PURPOSE OF EXTENDING TERM OF THE ORDINANCE FOR A PERIOD OF ONE 9 YEAR TO AUGUST 24, 1995. 10 WHEREAS, the Whatcom County Council did adopt Ordinance No. 84 -60 on the 5th day of 11 July, 1984; and 12 WHEREAS, said ordinance granted a non - exclusive franchise to Nation Wide Cablevision, 13 Inc. for a period of ten years, and 14 WHEREAS, Nation Wide Cablevision, Inc., changed the name of the company to TCI 15 Cablevision of Washington, Inc. and continued to operate the same system under the existing 16 franchise, and 17 WHEREAS, the County Council has determined there is a need for a more extensive review 18 and examination of the terms of subject franchise with the possibility of broadening the scope 19 thereof, and an extension of the existing franchise is necessary. 20 NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council hereby renews 21 Ordinance No. 84 -60 and extends the term of Ordinance No. 84 -60 for a period of one year (1) to 22 August 24, 1995, or until a new Franchise Agreement is entered into between the parties, 23 whichever shall first occur. 24 ADOPTED this 13th day of Sept. , 1994. 25 26 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 27 28 amona Reeve §; Council Clerk Ro ert Imhoff, Co Chair 29 APPROVED AS TO FORM: 30 e- 31 Civil Deputy Prosecutor 32 H Approved ( ) Denied - mn�L Vt., — Shirley Va Zant , Exec ti Date: EXTENSION OF T.C.I. FRANCHISE TERM THIS AGREEMENT is entered into as of d6 , 1994, by and between Whatcom County (Franchising Authority) and TCI Cablevision of Washington, Inc., (Grantee). RECITALS A. Grantee currently operates a cable television system within Whatcom County pursuant to Ordinance No. 84 -60, dated August 25, 1984. B. Whereas, Ordinance No. 84 -60 expired on August 24, 1994. AGREEMENT The Franchising Authority and Grantee recognize the adoption of Ordinance No. 94 -050 which authorizes the extension of the term of the franchise for a period of one (1) year to August 24, 1995 or until a new Franchise Agreement is entered into between the parties, whichever shall first occur. The Franchising Authority and Grantee further agree to negotiate a franchise renewal in good faith in a manner as timely as possible. No section, paragraph, term or provision hereof shall delay the franchise renewal process. APPROVED this 1�1( APPROVED AS TO FORM: day of Nct -61� , 19 9 f &—A #� P I - David M. Reynolds, E c., VP /COO TCI Cablevision of Wa ' gton, Inc. Ceti Date: Daniel L. Gibson, Senior Deputy Prosecuting Attorney , � 419 D Wy� ,�TC 9, C0 coy N0 Nly