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Home My WebLink About3321 � 1 ORDINANCE NO. 3 3 2 1 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 9 , 12, 17-I , 20-VII , 20-VIII AND 23 AND ADDING NEW SECTIONS 26 AND 27 OF AUBURN CITY ORDINANCE NU. 3286 .;(PASSED JUNE 19, 1978) RELATING TO THE SYSTEM OF CABLE TELEVISION SIGNAL DISTRIBUTION WITHIN THE CITY OF AUBURN, WASHINGTON. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section I. Amendment. Section 9, Ordinance No. 3286, passed June 19,- 1978, is amended to read as follows: "Section 9. RATES AND CHARGES. The Grantee shall charge no more for basic services in the -.City of Auburn than is charged by the cable industry in surrounding,areas unless Grantee can show cause why such rates should be higher. The Grantee .shal,l keep on file with the City 'of Auburn and the Office a copy. of the current rates and charges for all services offered. The Grantee shall give subscribers , the Office and the City of Auburn sixty (60) days written notice of any changes in subscriber rates and charges. The proposed new- rates shall become effective sixty (60) days after receipt of such notice by the City Committee unless the ((Geume}l) ) Utility Committee shall -call a public .hearing on the new rates and make a recommendation to the City Council . The purpose of such a public hearing . shall be to determine if the proposed new rates are just and reasonable. Section 2. Amendment. Section 12 of Ordinance No. 3286, passed June 19, 1978, is amended to read as follows: Ordinance .No. 3321 Page One 10-11 -78 "Section 12. COMPLAINTS. The Office shall investigate all subscriber complaints and resolve them by conciliation, if possible. Complaints relative to the prov.isions of this ordinance, which cannot be resolved by conciliation may be appealed' to the Auburn City Council Utility Committee for review and their determination shall be final . " Section 3. Amendment. Section 17-I of Ordinance No. 3286, passed June 19, 1978, is amended,.-.to read as follows: "Section 17. 'i PUBLIC NOTICES AND HEARINGS. I. Franchise Application: The Auburn City Council - ((ei -aiqy-etbe1- :�ed�- t-des}grates) ) Utility Committee shall conduct a public hearing to determine the following and make a recommendation to the City Council : a. That the public will be benefited by the:-granting of the requested. franchise; b. That the applicant has the necessary sources to build, operate and maintain a cable television system in the- - franchise area; .c., That the applicant will -comply with all the terms and conditions placed upon the franchise by the Council , and . d: That the applicant is willing and able to comply with all relevant federal , state and local regulations. " Section 4 . Amendment. Section 20-VII of Ordinance No. 3286, passed June 19, 1978, is amended to read as follows: "Section 20. CONSTRUCTION AND SYSTEM EXPANSION': VII . SYSTEM •EXPANSION LIMITATION:. Upon petition by the Grantee; the Auburn City Council may defer, or. indefinitely suspend any expansion required by- this ordinance;° after' shsowing by the Grantee that such expansion would cause unreasonable financial hardship ------------------ Ordinance No. 3312 Page Two 10-11-78 to Grantee. Any such City Council decision shall be made by the Council after a public hearing( (s) ) by the Utility Committee. The Auburn City Council Clerk . shall publish a notice of any such hearing in a newspaper of general circulation in the vicinity of the franchise (at least) ten (10) days prior to the hearing , setting forth the time and place, when "and where a-y person or. persons having any interest therein may appear before the Council and be heard. " Section 5. Amendment. Section 20-VIII of Ordinance No. 3286, passed June 19, 1978, is amended to read as follows: "20-VIII. CONSTRUCTION VARIANCES: The Grantee is required in all cases to request and apply for all construction variances for system extention, subscriber installation , or any other variances that may be required by the Auburn City Council Utility Committee. " 1 Section 6. Amendment. Section 23 of Ordinance No. 3286, 'passed June 19, 1978, 'i$ amended to read as .follows: "Section, 23_., _ PAYMENT -OF TAXES. Should the franchisee at any time become delinquent in"its payment, of utility taxes to the Grantor, ((as-required-by Auburn-64ty-9rd4?gaeee-Ne--6788:848)) this franchise may be revoked by the resolution of the City Council after notice of this proposed action is given. Any company granted a franchise and franchise permit pursuant to this chapter shall pay to the city, for the privilege of operating and maintaining a community. antenna television system in the city, a .sum equal to four percent of the annual gross revenues taken in and received by the 'company from the operation of -such system in the city, with a minimum of one hundred dollars per year, payable Ordinance No. 3321 Page Three 10-11-78 semiannually on or before July 31st and January 31st of each year. For the purposes of this section, "annual operating revenues" includes the accumulated monthly service charges received by the company, but excludes all sums received as installation char es , charges and fees for reconnections , in- spections , repairs or modifications of installations , and the local , state and federal taxes on all charges made by the company.. " Section 7. There is herewith created a new, Section 26 of Auburn City Ordinance No. 3286, which shall read as follows: "Section 26. Repealer. Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed. " Section 8. There is herewith added to Auburn City Ordinance No. 3286,, a new Section 27, which shall read as follows : "Section -27. Severability Clause. If ay part of this ordinance is found to be unconstitutional or void, such finding shall "not affect the remaining sections which shall remain in full force and effect. " Section 9. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval .and publication, as provided by law. INTRODUCED: OCTOBER 16, 1978 PASSED: OCTOBER 16, 1978 APPROVED: OCTOBER 16, 1978 C? - M ATTEST: City Jerk APP ED A TO ORM• " —..2 _ PUBLISHED: OCTOBER 20, 1978 City Attorney O dinance No. 3321 Page Four and Last 10-11 -78 STATE OF WASHINGTON) _s s. COUNTY OF KING ) I, Coralee A. McConnehey, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the .fore- going is a full , true and correct copy of Ordinance No. 3321 of the ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, WA, AMENDING SECTIONS 9, 12, 17-I , 20-VII , 20-VIII & 23, & ADDING NEW SECTIONS, 26 & 27 OF AUBURN CITY ORD NO. 3286 (PASSED JUNE 19, 1978) RELATING TO THE SYSTEM OF CABLE TELEVISION SIGNAL DISTRIBUTION WITHIN THE CITY OF AUB, WA, I further certify that said Ordinance No. 3321 was duly passed by the Council and approved by the Mayor of the said City of Auburn and published as provided by law in the Auburn Globe News, a weekly newspaper published in the City of Auburn, and of general circulation therein, on the 20TH day of __-- OCT A.D. , 1978 oDp CITY CLERK OF THE ITY OF AUBURN