Ordinance 10-009 Franchise Extension• •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 10-009
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, EXTENDING THE TIME PERIOD FOR ACCEPTANCE BY GRANTEE, OF
ORDINANCE 09-034, SECTION 43, AND OTHER MATTERS RELATED THERETO.
WHEREAS, on December 1, 2009, Spokane Valley City Council passed Ordinance 09-034
granting Comcast of Pennsylvania/Washington/West Virginia, LP a non-exclusive franchise to construct,
maintain and operate certain facilities within the public right-of-way and public properties within the
City of Spokane Valley, Washington; and
WHEREAS, Section 43 of Ordinance 09-034 states that not later than 60 days after passage and
publication of the Ordinance, Grantee must accept the franchise by filing with the City Clerk an
unconditional written acceptance thereof; and
WHEREAS, the City published Ordinance 09-034 on February 5, 2010, and the effective date
was February 10, 2010, beginning the 60 day acceptance period; and
WHEREAS, due to communication from the City of Spokane Valley regarding Public, Education
and Government (PEG) fees under Section 13.8 of the franchise, Comcast was unclear as to whether the
City intended to receive the PEG fees. As such, Comcast did not return the fully executed franchise
within 60 days as set forth in Section 43; and
WHEREAS, Section 43 of Ordinance 09-034 provides that the time period for acceptance may
be extended by an ordinance passed for that purpose; and
WHEREAS, the City has cleared up the communication issue with Comcast, and wishes to
extend the time period for acceptance for 60 additional days from April 11, 2010 to June 11, 2010.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to extend the time period for acceptance by
Grantee of Ordinance 09-034 an additional 60 days, from April 11, 2010, to June 11, 2010.
Section 2. Extending Time For Acceptance of Ordinance 09-034 Additional 60 Days. The time
period for Grantee to accept Ordinance 09-034 is extended 60 additional days from the effective date of
February 10, 2010. Grantee must accept the franchise by June 11, 2010. Failure of Grantee to accept
this franchise within said period will result in the consequences set forth in Ordinance 09-034, Section
43.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this Ordinance.
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• •
Section 4. Effective Date. This Ordinance shall become effective five days after
publication of the Ordinance, or a summary thereof, in the official newspaper of the City.
Adopted this 11th day of May, 2010.
ATT,
1
City o
kane Valley
Thomas E. Towey, Mayor
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication: May 14, 2010
Effective Date: May 19, 2010
Ordinance 10-009 Extending Time, Re 09-034 Page 2 of 2