Ordinance 29820006.080.003
WSS/are
04/13/94
Rev: 05/20/94
ORDINANCE NO. 2982
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, EXTENDING AND RENEWING A ONE (1)
YEAR NON-EXCLUSIVE COMMUNITY ANTENNA
TELEVISION SYSTEM FRANCHISE TO EDMONDS CABLE
COMPANY; AND FIXING A TIME WHEN THE SAME SHALL
BE EFFECTIVE
WHEREAS, in 1994 the City received notice from Edmonds
Cable Company that it desired to renew its existing franchise with
the City, and
WHEREAS, the parties began negotiations in 1990 in an
attempt to negotiate a franchise which combined the long term
assurances sought by the franchisee with the protections the City
Council felt necessary to protect the subscribers within the City
of Edmonds, and
WHEREAS, in October of 1990 the City Council authorized
its negotiators to notify the applicant that a franchise package
had been approved subject to their acceptance, and
WHEREAS, such package was rejected by the franchisee, and
WHEREAS, after considerable further negotiation, the
franchisee on April 17, 1991, provided to the City its last best
offer with respect to a franchise, and
WHEREAS, the franchisee's last best offer in 1991
therefore did not meet the minimum standards established by the
City Council at the onset of negotiation and therefore did not meet
the needs of the public of the City of Edmonds, and
72319.1 - 1 -
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, 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
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, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A franchise extension and renewal is hereby
granted to Edmonds Cable Company to operate a non-exclusive cable
television franchise in accordance with provisions of Chapter 4.68
72319.1 - 2 -
of the Edmonds City Code for a period of one (1) year commencing on
the date of passage of this ordinance.
Section 2. Effective Date. This ordinance, being an
exercise of a power specifically delegated to the City legislative
body, is not subject to referendum, and shall take effect five (5)
days after passage and publication of an approved summary thereof
consisting of the title.
PPP
is +Zi, WONTU:seiu Wi,
ATTEST/AUTHENTICATED:
CITY CLERK, RHONDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY I ), r4
FILED WITH THE CITY CLERK: 05/20/94
PASSED BY THE CITY COUNCIL: 05/17/94
PUBLISHED: 05/22/94
EFFECTIVE DATE: 05/27/94
ORDINANCE NO. 2982
72319.1 - 3 -
STATE OF WASHINGTON,
COUNTY OF SNOHOiyiISH,
On the 17
1994, the Clt
City of Ed
Ordinance
summary of
II text of this
vlli be mailed upon
this 18th day of
A J. MARCH
rk
Aay 22, 1994.
Affidavit of Publication
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
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Summary of Ordinance No. 2982.
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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:
------------------------------ May- .-2.2-, - -. 9-9-A------------;-----------........................................
................................... ------------------ -........................................ .......................................
and that said newspaper was regularly distributed to its subscribers
during allpfs�id period.
--------
Principal Clerk
23rd
Subscribed and sworn to before me this ............................
May 9 4
day of,,,. ........... .... . .... ��.................1 19....-....
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..........
- ---- --
otary Public in and fort Sta of Washington,
residing at Everett, Snoho is unty.
foe E
U5-19-98
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OF WASN�%
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