Ordinance 10-012 Franchise ExtensionCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 10-012
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, EXTENDING THE TIME PERIOD FOR ACCEPTANCE AND
RETURN BY GRANTEE, OF CABLE FRANCHISE ORDINANCE 09-034, AND
OTHER MATTERS RELATED THERETO
WHEREAS, the City of Spokane Valley passed Ordinance 09-034 on December 1, 2009 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 and
return may be extended by an ordinance passed for that purpose; and
WHEREAS, the City extended the time period for acceptance and return of the franchise for 60
additional days from April 11, 2010 to June 11, 2010 through passage of Ordinance 10-009; and
WHEREAS, Comcast has informed the City that it needs additional time for obtaining the
necessary signatures from its corporate office in Pennsylvania, up to 60 additional days from 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
and return by Grantee of Ordinance 10-009 an additional 60 days, from June 11, 2010, to August 11,
2010.
Section 2. Extending Time For Acceptance and Return of Ordinance 10-009 Additional 60 Days.
The time period for Grantee to accept and return Ordinance 09-034 is extended 60 additional days from
June 11, 2010. Grantee must accept and return the franchise by August 11, 2010. Failure of Grantee to
accept and return 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
Ordinance -012 Granting Second Extension of Time Page 1 of 2
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
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 27th day of July, 2010.
ATTES
•L‘ /9?512:."4
C—it�Clerk, Christine Bainbridge
Approved as to Foran:
City o%'okane Valley
Office of je City Attorney
Date Published:
Effective Date: 4,,7//,/�
'homas E. Towey, Mayor
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