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Ordinance 30500006.080.003 WSS /bjs 10/06/95 ORDINANCE NO. 3050 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING AND RENEWING A NON- EXCLUSIVE COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE TO EDMONDS CABLE COMPANY FOR A PERIOD OF NINETY (90) DAYS; AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. WHEREAS, negotiations in 1991 reached an impasse and the City Council granted an extension and renewal of the franchise (Ordinance No. 2837) for a period of three (3) years that allowed the parties the opportunity to review their positions in light of Congressional action, the regulatory environment and changes in the technological capabilities available to franchisees, and WHEREAS, in May of 1994 the City Council granted a one (1) year extension under Ordinance No. 2982 to the Edmonds Cable Company, and WHEREAS, in May of 1995 the City Council granted a six (6) month extension under Ordinance No. 3020 to Edmonds Cable Company, and WHEREAS, Congress passed the Cable TV Consumer Protection and Competition Act of 1992 providing municipalities with greater regulatory tools, and WHEREAS, the City was certified as a regulating franchising authority in October, 1993, and 113483.1 -1- WHEREAS, the City Council adopted Ordinance No. 2968 in January, 1994 to regulate basic cable TV rates to administer other cable related regulations, and WHEREAS, given the current and continuing fluctuation in the regulatory environment, the City Council deems it to be in the public interest to extend the current franchise with limited conditions in order to provide an adequate time for full exploration of the public need and to better determine the limitations of FCC regulation and the City's powers, and WHEREAS, the current franchise is preparing a proposal in response to the City's request for proposals but has not yet submitted its proposal; and WHEREAS, the City Council desires to extend the franchise for an additional ninety (90) days to permit submittal of a proposal and negotiation toward renewal of the franchise, and WHEREAS, the City has entered into the franchise renewal process, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A franchise extension previously granted to Edmonds Cable Company to operate a non - exclusive cable television franchise in accordance with provisions of Chapter 4.68 of the Edmonds City Code is hereby renewed and extended for a period of ninety (90) days commencing on the date of passage of this ordinance. All terms and conditions of the current franchise shall remain in full force and effect. Neither party waives any right which it may have under federal or state law, including but not limited to the Cable Act, resulting from this extension of the franchise term. 113483.1 -2- Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect on November 5, 1995, said date being more than five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: �O�W' ow, ; �-Z' ATTEST /AUTHENTICATED: JAY CITY CLERK, SANDRA S. CHASE 113483.1 -3- APPROVED AS TO FORM: OFFICE OF THEXITY AT m FILED WITH THE CITY CLERK: 10/13/95 PASSED BY THE CITY COUNCIL: 10/17/95 PUBLISHED: 10/22/95 EFFECTIVE DATE: 11/5/95 ORDINANCE NO. 113483.1 -4- SUMMARY OF ORDINANCE NO. 3050 of the City of Edmonds, Washington On the 17th day of October , 1995, the City Council of the City of Edmonds, passed Ordinance No. 305 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, EXTENDING AND RENEWING A NON - EXCLUSIVE COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE TO EDMONDS CABLE COMPANY FOR A PERIOD OF NINETY (90) DAYS; AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 18th day of October , 1995. CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHOMISH, M ARY OF ORDINANCE NO. 3050 of the City o1 Edmonds, Washington On the 17th day of October 1 i 1995, the City Council of the City of Edmonds, ppassed' y0rdinance No. 3056. A sum-f ! mar y of the content of saidq ordinance. consisting of the trance Win us maneu upm, re NeTsl . DATED this 18th day of October, 1995. SANDRA S. CHASE J City Clerk 1 Published: October 22, 1995. B -2 -1 Ss. Affidavit of Publication RECEIVED 0 CT z 6 1995 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... City of Edmonds Ordinance 3050 ....................... ....................... ............................................... ........................................ ........................... ............................................................................ ............................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: October 22, 1995 ----...--•--••-• ..............................••-•----•---------....................................... ......................... - - - - -- .........................................•----------------------------------.....................---.............................---•- and that saA newspaper was regularly distributed to its subscribers during all said period. �-�Pri-n--c--ip---a-:-1 ............ ........ Clerk Subscribed and sworn to before me this ........24th October 95 day of RNOtiajr��iP��ublic ...... ..... .......... ....... ......... ,.... ..... .............. -- 19......... -� ... - - ---- - -- -- ---- ------- --- .....------ - -.... in and for th Sta a of Washington, residing at Everett, Snoho 'sh ounty. �08E j q\ �%pTARy !'{181.'x' 2 -9a Goo \�F WASN�