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HomeMy WebLinkAbout4262 Ordinance - Franchise Agr - Falcon Video Comm. AKA Charter Communication to 07.31.2016ORDINANCE NO. l-/2 (p_ 2..r An ORDINANCE of the City of Pasco, Washington, Extending the Cable Television Franchise Agreement with Falcon Video Communications, L.P., locally known as Charter Communications, Inc., hereinafter referred to as "Grantee" through July 31, 2016. WHEREAS, cable providers are required to hold a franchise agreement with the City of Pasco ("City") to use the City's public right-of-way to provide cable services; and WHEREAS, the current cable franchise agreement was entered into pursuant to Ordinance No. 3304 ("Cable Franchise") on June 20, 1998; and WHEREAS, control of Grantee was subsequently transferred from Falcon Communications, L.P., to Charter Communications Holding Company, L.L.C., pursuant to Resolution No. 2468; and WHEREAS, the Cable Franchise is due to expire on February 1, 2016 pursuant to Ordinance No. 4240; and WHEREAS, Grantee and the City have been engaged in informal renewal negotiations in accordance with Section 626(h) of Title VI of the Communications Act of 1934, as amended (the "Cable Act"); and WHEREAS, the City has been conducting franchise renewal ascertainment m accordance with Section 626(a)(1) ofthe Cable Act; and WHEREAS, the parties continue to reserve all rights under the formal procedures of Section 626 of the Cable Act, and do not waive any rights related thereto; and WHEREAS, Grantee has filed timely notice of intent to renew its Franchise Agreement with City pursuant to Section 626 of the Cable Act; and WHEREAS, the City is willing to grant an extension of the current Franchise until July 31, 2016, to give the parties additional time to complete the renewal process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Extension ofthe Term of the Franchise Agreement through July 31,2016. The Cable Franchise, as amended, is hereby extended, subject to the terms and conditions set forth below, until July 31, 2016 or until a new franchise agreement is agreed to by the parties and enacted by the City. Section 2. Terms and Conditions of Extension of the Franchise Agreement. The City's consent to the extension, described above, is subject to, and conditioned upon, the following terms and conditions: A. All terms and conditions of the existing Franchise Agreement shall remain in full force and effect during the extension period. B. The extension shall have no adverse effect on Grantee's compliance, nor shall the extension be grounds for any change or modification in the remaining terms, conditions and obligations of the Franchise Agreement. C. The City and Grantee 's agreement to extend the Franchise Agreement, as set forth herein, shall not be construed, in any manner whatsoever, to constitute a waiver or release of any rights that the City or the Grantee may have under the Franchise Agreement. D. Both parties hereby reserve all1ights under applicable provisions of the Cable Act, including, without limitation, Sections 626 and 635 of the Cable Act. Nothing herein shall be deemed or construed as a waiver, release or surrender of any right that either party may have under the Cable Act or any applicable law. E . Within twelve (12) days after passage of this Ordinance by the City Council, Grantee shall file with the City Clerk its written acceptance of this Ordinance, substantially in the form of Exhibit A, attached hereto. Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this Jj_ day of c:..~ ~ 11 v a r 1 ' 2016. Matt Watkins, Mayor Leland B. Kerr, City Attorney EXHIBIT "A" Acceptance of Ordinance No. L.J 2-~ 2- TO: City of Pasco, Washington Attention: Dave Zabell, City Manager Pasco City Hall P.O. Box 293 Pasco, W A 99301 This is to advise the City of Pasco that Falcon Video Communications, L.P. (the "Grantee"), hereby unqualifiedly accepts Ordinance No. 42-f.tZ , passed by the City Council Grantee and the City. , 2016, regarding the extension of the Franchise Agreement between FALCON VIDEO COMMUNICATIONS, L.P. ("Grantee") By: _____________ _ Name: Mark Brown Title: V.P., Government Affairs Date: ---------------