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Ordinance 20-015 TDS Cable Franchise CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.20-015 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXCLUSIVE CABLE FRANCHISE TO TDS METROCOM, LLC TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels,for water, sewer and other private and publicly owned and operated facilities for public service;"and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter,nor at any other than a regular meeting nor without first being submitted to the city attorney,nor without having been granted by the approving vote of at least a majority of the entire legislative body,nor without being published at least once in a newspaper of general circulation in the city before becoming effective;"and WHEREAS, this Ordinance has been submitted to the City Attorney prior to its passage; and WHEREAS,the Council finds that the grant of franchise contained in this Ordinance,subject to its terms and conditions and chapter 3.65 SVMC, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Grant of Franchise. The City hereby grants to the TDS Metrocom,LLC,(hereinafter"Grantee"), a non-exclusive franchise authorizing the Grantee to construct, maintain, and operate a cable system in the rights-of-way such facilities and other related property or equipment as may be necessary or appurtenant for the deployment of cable television services in the City pursuant to this Franchise and according to the Cable Act. The term of this franchise and all its rights, privileges, obligations, and restrictions shall be 10 years from the effective date. However, upon the fifth year anniversary date of the Franchise term, the Grantee has the option to provide written notice to the City opting out of the remaining five years given a change in federal or State law which negatively impacts the City's ability to regulate this Franchise. To exercise the option,the Grantee shall give the City such written notice at least six months prior to the fifth year anniversary date of the Franchise term. Section 2. Franchis.e Renewal. Any renewal of this Franchise shall be governed by and comply with the provisions of the Cable Act(47 U.S.C. § 546) as amended. Section 3. City ordinances and regulations, subsequent amendments. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. In the event Ordinance 20-015 TDS Metrocom,LLC, Cable Television Franchise Page 1 of 4 the City amends chapter 3.65 SVMC during the term of this franchise such that it conflicts with this franchise,the terms of the franchise shall control unless otherwise agreed in writing by the City and Grantee. Section 4. Adoption by reference of chapter 3.65 Spokane Valley Municipal Code. This franchise specifically adopts by reference as if fully set forth herein the entire chapter 3.65 SVMC relating to regulation of cable television providers. Section 5. 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. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction,the City reserves the right to reconsider the grant of the franchise and may amend,repeal,add, replace or modify any other provision of the franchise,or may terminate the franchise. Section 6. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: City: City of Spokane Valley Attn: City Clerk 10210 East Sprague Spokane Valley, WA 99206 Grantee: TDS Metrocom, LLC Attn: Legal Department 525 Junction Road Madison, WI 53717 With a copy to: Stephen P. Fitzell, Esq. Sidley Austin LLP 1 South Dearborn Street Chicago, IL 60603 Section 7. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section S. Non-Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance,nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 9. Entire Agreement. This franchise, including adoption by reference of the terms contained in chapter 3.65 SVMC relating to regulation of cable television providers,constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 10. Acceptance. Not later than 60 days after passage of this Ordinance, Grantee shall accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof and provision of Ordinance 20-015 TDS Metrocom,LLC, Cable Television Franchise Page 2 of 4 the performance bond pursuant to SVMC 3.65.280. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60-day period, absolutely cease unless the time period is extended by subsequent ordinance passed for that purpose. Section 11. Effective Date. This Ordinance shall be in full force and effect at least five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law,and following acceptance by Grantee pursuant to Section 10. PASSED by the City Council this 13t day of October,2020. Ben Wick,Mayor AT E Christine Bainbridge, City Clerk Approved as to Form: Office o ie Ci A orney Date of Publication: fd 32) Effective Date: _ ' Q - d Ordinance 20-0l5 TDS Metrocom, LLC, Cable Television Franchise Page 3 of 4 Accepte by TDS Meta , LLC By: Ati ii oeii Do eier,Director,Government&Ltic Reg. Affairs By: id s, 2.0 l / •1 gam. The Grantee,TDS Metrocom,LLC a limited partnership company,for itself,and for its successors and assigns, does accept all of the to s and conditions of the foregoing Franchise. IN WITNESS WHEREOF, has signed this_day of/ 4 , 2020. Subscribed and sworn before me this f-7day of , / , 2020. -dArli JODETTE L FRIEDRICH otary Public . an for the State of , Notary Public o residing in ll AA i State of Wisconsin My commis on expires 4/ affraS` Ordinance 20-015 TDS Metrocom,LLC,Cable Television Franchise Page 4 of 4