HomeMy WebLinkAbout3096 RESOLUTION NO. 3 0 9 6
A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE
ADDENDUM II, EXTENDING THE DATE FOR CONSTRUCTION AND
OPERATION OF A PUBLIC ACCESS FACILITY FROM JULY 1, 1999 TO
SEPTEMBER 1, 1999, TO THE NON-EXCLUSIVE FRANCHISE AGREEMENT
BETWEEN THE CITY OF AUBURN, WASHINGTON AND TCI CABLEVISION
OF WASHINGTON, INC., TO OPERATE A CABLE TELEVISION SYSTEM
WITHIN THE CITY OF AUBURN, WASHINGTON, WHICH AGREEMENT WAS
APPROVED ON MAY 3, 1993 BY RESOLUTION 2409, WHICH AGREEMENT
WAS AMENDED BY ADDENDUM I EXTENDING THE DATE OF COMPLETION
OF CERTAIN FRANCHISE PROVISIONS UNDER SECTION 5 AND AMENDING
SECTION 8 AND APPROVED ON JUNE 15, 1998 BY RESOLUTION 2972.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
REGULAR MEETING DULY ASSEMBLED, HEREBY RESOLVES THAT:
Section 1. The Mayor and City Clerk of the City of Auburn, Washington,
are hereby authorized to execute Addendum II, extending the date for construction and
operation of a Public Access Facility from July 1, 1999 to September 1, 1999, to the
Non-Exclusive Franchise Agreement between the City of Auburn, Washington, and TCI
CABLEVISION OF WASHINGTON, INC., to operate a cable television system within
the City of Auburn, Washington, approved on May 3, 1993 by Resolution 2409, which
Agreement was mended by Addendum I extending the date of completion of certain
franchise provisions under Section 5 and amending Section 8 and approved on June 15,
1998 by Resolution 2972. A copy of said Addendmn II is attached hereto, denominated
as Exhibit "A" and made a part hereof as though set forth in full herein.
Resolution No. 3096
June 16, 1999
Page 1 of 7
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
DATED AND SIGNED this t~ ) >' day of June, 1999.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle Daskam,
City Clerk
APPROVED AS TO FORM:
M'cha~el j.~~~ol~
City Attorney
Resolution No. 3096
June 16, 1999
Page 2 of 7
ADDENDUM H ~ ~ ,..
AGREEMENT BETWEEN TCI CABLEVISION OF WASHINGTON, INC.
AND THE CITY OF AUBURN TO EXTEND THE JULY 1, 1999 DATE OF
COMPLIANCE WITH PROVISIONS REGARDING THE PUBLIC ACCESS
STUDIO TO SEPTEMBER 1, 1999.
THIS ADDENDUM II regards the extension of the July 1, 1999 date of
compliance with provisions regarding the Public Access Studio contained in the Non-
Exclusive Franchise Agreement between the CITY OF AUBURN, Washington,
hereinafater referred to as the "CITY" and TCI CABLEVISION OF WASHINGTON,
INC., hereinafter referred to as "OPERATOR", approved May 3, 1993 by Resolution
2409, as mended by Addendm I approved June 15, 1998 by Resolution 2972,to a
compliance date of September 1, 1999 thereby mending Section 4 of Addendum I.
RECITALS
WHEREAS, the OPERATOR and CITY entered into a Non-Exclusive
Franchise Agreement between the City of Auburn, Washington, and TCI Cablevision of
Washington, Inc., pursuant to Resolution 2409, approved May 3, 1993, hereinafater
referred to as the "Franchise", which became effective on July 1, 1993, the date
OPERATOR provided its written acceptance of the Franchise terms; and
Resolution No. 3096
June 16, 1999
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WHEREAS, certain provisions of Section 5 and Section 8 of the Franchise were
mended in Addendure I to the Franchise which was approved June 15, 1998 pursuant
to Resolution 2972; and
WHEREAS, OPERATOR has requested an extension of time to comply with
provisions regarding the construction and operations of a Public Access Facility; and
WHEREAS, TCI has completed the 54 channel system service upgrades as
required under Section 5 of the Non-Exclusive Franchise Agreement with the City of
Auburn as amended in Addendum I; and
WHEREAS, In the process of planning and implementing the Public Access
Studio, TCI has been coordinating with the affected South King County Cities and has
requested the City of Auburn to extend the July 1, 1999 date for complying with the
provisions regarding the Public Access Studio to September 1, 1999; and
WHEREAS, the extension of the compliance date from July 1, 1999 to
September 1, 1999 will coincide with the deadlines established by the Cities of Kent,
Renton and Tukwila; and
WHEREAS, the extension of the compliance date for provisions regarding the
Public Access Studio will allow TCI additional time to explore with Kent, Renton and
Tukwila the feasibility of establishing a regional facility operated by a non-profit entity;
and
R~olufion No. 3096
June 16, 1999
Page 4 of 7
WHEREAS, the CITY has agreed to amend Section 4 of Addendum I to extend
the July 1, 1999 date of compliance with provisions regarding the consrotation and
operation of the Public Access Facility to September 1, 1999.
NOW, THEREFORE, the parties agree as follows:
1. Amendment to Section 4 of Addendum I.
Section 4. TIME FOR PERFORMANCE. OPERATOR agrees to comply
with all its original obligations under the Franchise and with the obligations in
contained in Addendure I no later than July 1, 1999, with the exception of the
construction. operation and commissionin~ of the Public Access Studio. The CITY and
the OPERATOR agree to extend the July 1. 1999 compliance date for the construction,
operation and commissioning of the Public Access Studio to September 1. 1999.
2. Terms of Franchise and Addendure I. All terms and conditions
contained in the Franchise entered into between the parties pursuant to Resolution 2409
and as mended by the terms and conditions contained in Addendure I entered into
between the parties pursuant to Resolution 2972 remain in effect except as specifically
mended in this Addendure II.
AGREED TO BETWEEN THE PARTIES on the last date written below.
Resolution No. 3096
June 16, 1999
Page 5 of 7
CITY OF AUBURN
Charles A. Booth
Mayor
ATTEST:
City Clerk
PR0~~f~ORM:
Michael J. Reynolds
City Attorney
TCI CABLEVISION OF WASHINGTON, INC.
By: r~esi ~~?/~
Title: dent, Northwest Division
STATE OF WASHINGTON )
5k~o~o~ts~ ) ss
COUNTY OF ICING ~ )
On this 7_ts'rday of's~~999, before the undersigned, a Notary Public in
i~ Ille,
and for the State of Washington, dt~y commissioned and swom, personally appeared
'T~ct~6 ~. 5~-trm ,xrr , to me known to be the ?e-~t~>~,x-r of TCI
Resolution No. 3096
June 16, 1999
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CABLEVISION OF WASHINGTON, INC., the corporation that executed the within
and foregoing instrument, and acknowledged the said instrument to be the flee and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that he/she is authorized to execute said instrument and that the seal
affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and a/fkxed by official
seal on the date hereinabove set forth.
MARC D. MICHEL
NOTARY PUBLIC NOT,,/LRY in an/d
STATE OF WASHINGTON PUBLIC for the State
COMMISSION EXPIRES Of Washi~Stoa, reskl~g at
APRIL 19, 2002
MY COMMISSION EXPIRES: 4-t't- bZ
Resolution No. 3096
June 16, 1999
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