03-068.00 Regional Cable Advisory Board Memo of Understandingf
MEMORANDUM OF UNDERSTANDING 4 0043
This Memorandum of Understanding is entered into by and between the City of Spokane
(hereinafter Spokane), the City of Spokane Valley (hereinafter Spokane Valley), and Spokane
County (hereinafter County),.jointly referred to as "Parties''.
This Memorandum of Understanding will summarize the terms and conditions upon which
the. Parties agree to participate in the Regional Cable Advisory Board (hereinafter "the Board").
Spokane adopted a code provision (SCC 10.27.905) pertaining to the formation and
participation on the Board. The Parties are in agreement that the terms of Spokane's City Code
section 10.27.905, shall provide the basis for this Memorandum of Understanding.
I. Parties. The parties to this agreement are the City of Spokane (hereinafter
Spokane), the City of Spokane Valley (hereinafter Spokane Valley), and Spokane County
(hereinafter County), jointly referred to as "Parties".
2. Purpose. The purpose of this memorandum is to establish the terms by which
the Parties shall form and participate in the Board.
3. Ternis of the Memorandum of Understanding. - the Parties agree to establish and
participate in the Board as specified in Spokane City Code Section 10.27.905, as adopted September
2, 2003. (Spokane City Code section 10.27.905 is attached as Exhibit A.)
Cite of Spokane
Spokane County
City of Spokane Valley
ONI -
By: Michael DeVlemin - Savor
Date: 09-18-2003
Attest:
ABSENT
City Clerk, c Ply
of Spokane
Approved as to form:
Assistant City AUnCy
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ORDINANCE No. C- C-3 3 3 U t
An ordinance creating a regional cable advisory board; and adding a new SMC
10.27,905.
The City of Spokane does ordain:
Section 1. That there is added to SMC chapter 10.27 a new section, designated
10.27.905, to read as follows:
10.27.905 Regional Cable Advisory Board
A. In lieu of a board under SMC section 10.27.900, the City of Spokane, City of
Spokane Valley and Spokane County may establish a regional cable advisory board, to
be effective upon joint approval by ordinance or resolution by the legislative bodies of
tiro three jurisdictions of a measure the same or equivalent to this section. The regional
cable advisory board shall consist of eleven members, of whom six members may be
appointed by the City of Spokane, three by the City of Spokane Valley and two by
Spokane County. Members shall be appointed by the mayors of participating cities and
confirmed by majority vote of their city councils, and by the Spokane County Board of
Commissioners for County appointees. Members shall be appointed for staggered
three year terms.
B. . As of the effective date of this section, there is already a current City -County
r,able advisory board for the City of Spokane and Spokane County of eleven members.
The three positions transferred to Spokane Valley by this action shall continue for their
existing terms and be those positions with the shortest remaining unexpired terms,
selected in reverse order of member seniority, or as designated by the appointing
authority in the event of equal status. Any members replaced by Spokane Valley
appointments may also continue to serve as ex officio board members until expiration of
their torms or may continue in service as a voting member if approved to do so by
Spokane Valley.
C. Regional cable advisory board members shall serve without compensation or per
diam. They shall be broadly representative of the appointing jurisdiction's population,
with diverso backgrounds and a reasonable knowledge of cable communications. The
regional cable advisory board shall appoint from its members a chairperson and a vice
chair to serve in absence of the chair. No regional cable advisory board member shall
be affiliated with a local cable franchisee in any way.
EXHIBIT A Page 1 of 3
(2.33301 C 3 3 30 1
D. Reasonable expenses of the regional cable advisory board, including any
necessary support staff, shall be provided by the participating jurisdictions through an
approved annual budgot, but each participating jurisdiction retains full authority over its
staff and expenditures except also as may be otherwise addressed by a separately
approvcd interlocal agreement.
E. The Regional Cable Advisory Board has discretion to act and support the
participating local governments in the following areas:
1. Consider unresolved complaints and disagreements between franchisees
and subscribers or users of the cable communications system and issue rulings
thereon.
2, Advise on the regulation of rates in accordance with the provisions of any
other applicable ordinance requirements or lauds.
3. Adviso regarding gonoral policy relating to the cable services provided
subscribers and the operation and use of access and leased access channels (if
any), with a view to maximizing the diversity and usefulness of programs and
services to subscribers.
4. Assist in consideration of applications for new, transfer, and renewal
franchises.
5. Perform such other advisory functions as the executive or legislative
branches of participating jurisdictions may from time to time request, but any
functions requested by one jurisdiction which concern areas of another
jurisdiclion(s) shall require the concurrence of the other jurisdiction(s).
E. Any of the participating jurisdictions may withdraw from the regional cable
advisory board by resolution of its legislative body, to take effect upon sixty (60) days
written notice. The withdrawing jurisdiction shall give notice to the non withdrawing
jurisdictions as follows.* the chair of the Board of County Commissioners, the city
manager of the City of Spokane Valley and the mayor of the City of Spokane as the
caso may be. A withdrawing jurisdiction may revoke its notice of withdrawal in the same
manner up to thirty (30) days prior to the expiration of the sixty (60) day period. Upon
the effective date of withdrawal, the terms of board members of the withdrawing
jurisdiction expire and their positions no longer exist.
Passed the City Council on Sp 0 2 2003
t
Council President
EXHIBIT A Page 2 of 3
C 33,3U 1
C33301
i
Attest:
Approved as to form:
w
Attom
2003
EXHIBIT A page 3 of 3 0 3 3 3 0 1
S
NO. 4 0043
BEFORE THE BOARD OF COUNTY COWMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN' THE MATTER OF EXECUTING A )
MEMORANMUM: OF UNDERSTANDING )
BETWEEN THE CITY OF SPOKANE, )
CiTY OF SPOKANE VALLEY AND ) RESOLUTION
SPOKANTE COUNTY CONCERNING THE )
ESTABLISHMENT OF A REGIONAL )
CABLE ADVISORY BOARD AND )
OTHER MATTERS RELATED THERETO )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of County
funds and business; and
'"MREAS, pLusuant to the provisions of RCW 36.32.120(7), the Board of County
Commissioners of Spokane County may enact ordinances not in conflict with state law to be
effective within the unincorporated area of Spokane County; and
WHL'REAS, pursuant to the provisions of chapter 39.34 RCW two or more public entities
may jointly cooperate between each other to perform functions which each may individually
perform; and
WHEREAS, pursuant to the provisions referenced above the Board of County
Commissions adopted Spokane County Code Section 7.40.025 wherein it established an optional
City/County Cable Advisory Board with the City of Spokane. The City of Spokane Valley is
desirous of participating with Spokane County and the City of Spokane in a Regional Cable
Advisory Board having the same responsibilities as a consolidated City/County Cable Advisory
Board; and
WHEREAS, pursuant to the provisions referenced above the Board of County
Commissioners held a public hearing in August 19, 2003, to consider amendments to Spokane
County code section 7.40.025 which would delete referenced therein to a consolidated City/County
Cable Advisory Board with the City of Spokane and instead authorize the establishment of a
Regional Cable Advisory Board among Spokane County, City of Spokane, and City of Spokane
Valley; and
WHEREAS, on August 19, 2003 the Board of County Commissioners amended Spokane
County code section 7.40.025 to provide for a consolidated City/County Cable Advisory Board.
The City of Spokane Valley has proposed the execution of a Memorandum of Understanding
Page 1 of 2
4 0043
between the City of Spokane, the City of Spokane Valley and Spokane County wherein the parties
would jointly recognize the amendments to the City of Spokane's and County of Spokane's
respective codes it relates to a consolidated City/County Cable Advisory Board. This MOU would
alleviate the City of Spokane Valley amending its own code.
NOW, MEREFORE, BE IT I-IEREBY RESOLVED by the Board of County
Commissioners of Spokane County, pursuant to the provisions of RCW 36.32.120(6),
36.32.120(7) and chapter 39.34 RCW, that the Board does hereby authorize execution of that
document entitled "MEMORANDUM OF UNDERSTANDING" pursuant to which under
certain terms and conditions the City of Spokane, the City of Spokane Valley and Spokane County
will jointly recognize the amendments to the City of Spokane's and County of Spokane's respective
codes as it relates to the establishment of a consolidated City/County Cable Advisory Board.
PASSED AND ADOPTED this �&42y day of , 2004.
of coMn, BOARD OF COUNTY COMAUSSIONERS
0CQ
o $k 14 OF SPOKANE, COUNTY, WASHINGTON
SEAL ait
ATTEST:'
VICKY M. DALTON
CLERK OF THE BOARD
• •'% t• D. HARRIS, Chair
ABSENT
M. KATE MCCASLIN, Vice Chair
B /
Daniela Erickson, Deputy J ROSKELLEY
Page 2 of 2
SECEN ED
DEC 0.5.20
CITY Co,NE OFFICE
SP
CONTRACT TOPIC:
Clerk's Nv . OP6 Do -&9
Contract Req. No. �—
MINOR CONTRACT AUTHORIZATION
Date: September 25, 2003
Budget Account No:
MEMORANDUM OF UNDERSTANDING between the City of Spokane, the City of Spokane Valley, and
the Spokane County, summarizing the terms and conditions upon which the parties agree to
participate in the Regional Cable Advisory Board.
CONTRACT BACKGROUND
The City of Spokane adopted a code provision (SMC 10.27.905) pertaining to the formation and
participation of the Board. The parties are in agreement that the terms of Spokane's City Code Section
10.27.905 shall be the basis for this memorandum on understanding.
Submitting Department Legal
Rublic Aff3ix�/C mn-canications
Finance
DISTRIBUTION
Contract Accounting
L
legal - Bob Beaumier
t/Spokane City of the Spokane Valley -
Chris Bainbridge
Spokane County - Daniela Erickson
Public Affairs/Communications - M. Fiest
No. 4 004:3
BEFORE THE BOARD OF COUNTY COMMUSSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTLNG A )
MEMORANDUM OF UNDERSTANDING )
BETWEEN THE CITY OF SPOKANE, )
CITY OF SPOKANE VALLEY AND ) RESOLUTION
SPOKANE COUNTY CONCERNING THE )
ESTABL ISBMENT OF A REGIONAL )
CABLE ADVISORY BOARD AND )
OTHER MA -F1 -ERS RELATED THERETO )
WHEREAS, puisuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of County
funds and business; and
WHEREAS, pursuant to die provisions of RCW 36.32.120(7), the Board of County
Commissioners of Spokane County may enact ordinances not in conflict with state law to be
effective within the unincorporated area of Spokane County; and
WHEREAS, pursuant to the provisions of chapter 39.34 RCW two or more public entities
may jointly cooperate between each other to perform functions which each may individually
perform; and
WHEREAS, pursuant to the provisions referenced above the Board of County
Commissions adopted Spokane County Code Section 7.40.025 wherein it established an optional
City/County Cable Advisory Board with the City of Spokane. The City of Spokane Valley is
desirous of participating with Spokane County and the City of Spokane in a Regional Cable
Advisory Board having the same responsibilities as a consolidated City/County Cable Advisory
Board; and
WHEREAS, pursuant to the provisions referenced above the Board of County
Commissioners held a public hearing in August 19, 2003, to consider amendments to Spokane
County code section 7.40.025 which would delete referenced therein to a consolidated City/County
Cable Advisory Board with the City of Spokane and instead authorize the establishment of a
Regional Cable Advisory Board among Spokane County, City of Spokane, and City of Spokane
Valley; and
WHEREAS, on August 19, 2003 the Board of County Commissioners amended Spokane
County code section 7.40.025 to provide for a consolidated City/County Cable Advisory Board.
The City of Spokane Valley has proposed the execution of a Memorandum of Understanding
Page 1 of 2
5
G'U912,,
MEMORANDUM OF UNT)ERSTANDINC 4 0043
This Memorandum of Understanding is entered into by and between the City of Spokane
(hereinafter Spokane), the City of Spokane Valley (hereinafter Spokane Valley), and Spokane
County (hereinafter Cotmty), jointly referred to as "Parties".
This Memorandtm of Understanduig will sununarize the terms and conditions upon which
the Parties agree to participate in the Regional Cable Advisory Board (hereinafter "the Board").
Spokane adopted a code provision (SCC 10.27.905) pertaining to the formation and
participation on the Board. The Parties are in agreement that the terms of Spokane's City Code
section 10.27.905, shall provide the basis for this Memorandurn of Understanding.
1. Parties. The parties to this agreement are the City of Spokane (hereinafter
Spokane), the City of Spokane Valley (hereinafter Spokane Valley), and Spokane County
(hereinafter County), jointly referred to as "Parties".
2. Purpose. The purpose of this memorandum is to establish the terms by which
the Parties shall form and participate in the Board.
3. Terms o f the Memorandum of Understanding. The Parties agree to establish and
participate in the Board as specified in Spokane City Code Section 10.27.905, as adopted September
2, 2003. (Spokane City Code section 10.27.905 is attached as Exhibit A.)
City of Spokane
City of Spokane Valley
Spokane County
A
By: X4. %<A7E-7 "ee9,4se �Cr2
Date: /—��-X2�1
kane
kASv-FSI)Userskbainbridgekbainbridg6C,ontracts & Agreemenis\Cable AdvisoryBoard e�.Iou Final.doc
812.03 bob rib
ORDINANCE No. C- C3 3 30 a
An ordinance creating a regional cable advisory board; and adding a new SMC
10.27.905.
The City of Spokane does ordain:
Section 1. That there is added to SMC chapter 10.27 a new section, designated
10.27.905, to read as follows:
10.27.905 Regional Cable Advisory Board
A. In lieu of a board under SMC section 10.27.900, the City of Spokane, City of
Spokane Valley and Spokane County may establish a regional cable advisory board, to
be, effective upon joint approval by ordinance or resolution by the legislative bodies of
tho throe jurisdictions of a measure the same or equivalent to this section. The regional
cable advisory board shall consist of eleven members, of whom six members may be
appointed by the City of Spokane, three by the City of Spokane Valley and two by
Spokane -County. Members shall be appointed by the mayors of participating cities and
confirmed by majority vote of their city councils, and by the Spokane County Board of
Commissioners for County appointees. Members shall be appointed for staggered
three year terms,
B. . As of the effective date of this section, there is already a current City -County
cable advisory board for the City of Spokane and Spokane County of eleven members.
The three positions transferred to Spokane Valley by this action shall continue for their
existing terms and be those positions with the shortest remaining unexpired terms,
selected in reverse order of member seniority, or as designated by the appointing
authority in the event of equal status. Any members replaced by Spokane Valley
appointments may also continue to serve as ex officio board members until expiration of
their terms or may continue in service as a voting member if approved to do so by
Spokane Valley.
C. Regional cable advisory board members shall serve without compensation or per
diem. They.shall be broadly representative of the appointing jurisdiction's population,
with diverse backgrounds and a reasonable knowledge of cable communications. The
regional cable advisory board shall appoint from its members a chairperson and a vice
chair to serve in absence of the chair. No regional cable advisory board member shall
be affiliated with a local cable franchisee in any way.
EXHIBIT A Page 1 of 3
C333oI C 3 3 3 0 1
D. Reasonable expenses of the regional cable advisory board, including any
necessary suppoit staff, shall be provided by the participating jurisdictions through an
approved annual budget, but each participating jurisdiction retains full authority over its
staff and expenditures except also as may be otherwise addressed by a separately
approved interlocal agreement.
E. The Regional Cable Advisory Board has discretion to act and support the
participating local governments in the following areas:
1. Consider unresolved complaints and disagreements between franchisees
and subscribers or users of the cable communications system and issue rulings
thereon.
2. Advise on the regulation of rates in accordance with the provisions of any
other applicable ordinance requirements or laws.
3. Adviso regarding goneral policy relating to the cable services provided
subscribers and the operation and use of access and leased access channels (if
any), with a view to maximizing the diversity and usefulness of programs and
services to subscribers.
4. Assist in consideration of applications for new, transfer, and renewal
franchises.
5. Perform such other advisory functions as the executive or legislative
branches of participating jurisdictions may from time to time request, but any
functions requested by one jurisdiction which concern areas of another
jurisdiction(s) shall require the concurrence of the other jurisdiction(s).
E. Any of the participating jurisdictions may withdraw from the regional cable
advisory f oard by resolution of its legislative body, to take effect upon sixty (60) days
written notice. Tho withdrawing jurisdiction shall give notice to the non withdrawing
jurisdictions as follows: the chair of the Board of County Commissioners, the city
manager of the City of Spokane Valley and the mayor of the City of Spokane as the
caro may be. A withdrawing jurisdiction may revoke its notice of withdrawal in the same
manner up to thirty (30) days prior to the expiration of the sixty (60) day period. Upon
the effccti�ve date of withdrawal, the terms of board members of the withdrawing
jurisdiction expire and their positions no longer exist.
Passed the City Council on SEP 0 2 2003 _
Council President
EXHIBIT A Page 2 of 3
C53 -3b1 C33301
Attest,
0
Approved as to form:
,{ ry
Assistant OyAttomi9
$f
Date SEP 0
M
E TIVF DA'C'E
EXHIBIT A Page 3 of 3 C 3 3 30 A