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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. Ordinance 10-009 Extending Time, Re 09-034 Page 1 of 2 • • 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