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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 X�Q, \LSV -FS 1\(Jserskbainbridgekbainbridgc\Conu;icls R Agreements\C.ibte Advisory Bo rd ,MMU Finstdoc w t�p0 + � I 812 03 brib rgl) 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