Resolution 9530006.900000
WSS /clb
04/28/99
RESOLUTION NO. 953
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDMONDS, WASHINGTON, CONDUCTING AN
EVALUATION OF EDMONDS CABLE COMPANY'S
TERMS OF FRANCHISE AND SYSTEM UPGRADE AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, questions have arisen regarding whether the Franchisee,
Edmonds Cable Company, has complied with the terms of its Franchise and completed
the upgrade of its system within the time permitted under Section 14 A of the Franchise
Agreement;
WHEREAS, Section 7 of the Franchise provides for review of the
technical performance of the system by an independent consultant upon ten (10) days
written notice to the Franchisee;
WHEREAS, the City Council deems it to be in the public interest to
review the system's compliance with the terms of the Franchise and to hold a public
hearing pursuant to Section 26 of the Franchise to determine whether a violation of the
Franchise has occurred and whether penalties should be levied pursuant to Section 14
and Section 26 of the Franchise;
THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
Section 1. Pursuant to Section 7 of the Franchise, the Franchisee is
hereby notified of the City's intent to conduct a technical evaluation of the system to
determine Franchisee's compliance with the upgrade requirements of Section 14 A of
the Franchise, to commence ten (10) days after the date that a certified copy of this
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resolution is mailed to the Franchisee at the address shown at Section 35 of the
Franchise.
Section 2. The Mayor or her designee is authorized to engage an
independent consultant to conduct the technical evaluation and to report to the City
Council its conclusions on or before the hearing date established by paragraph 4 below,
providing a copy of its final report to the Franchisee.
Section 3. The Franchisee is directed to fully and immediately comply
with the terms of the Franchise Agreement and its Section 14 A.
Section 4. A hearing is hereby set on , 1999, at 7:00 p.m.
at , Edmonds, Washington, to determine if the Franchisee
completed its obligations under Section 14 A of the Franchise in a timely manner and to
determine, in the event that the Franchisee is found to have violated the terms of the
Franchise, what penalty, if any, should be levied. Failure to comply with the terms of
Section 14 A could result in monetary penalties of Five Hundred Dollars per day for
each day beyond thirty (30) days that the Franchisee (Operator) has failed to fulfill such
requirements.
RESOLVED this 4' day of May, 1999.
APPROVED:
i
MAYOR, BARBARA
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 04/30/99
PASSED BY THE CITY COUNCIL: 05/04/99
RESOLUTION NO. 953
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