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Ordinance 10-012 Extends Time of Acceptance for Cable Franchise CITY 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. City o okane Valley c ,, I 'homas E. Towey,Mayor ATTES z.L / 2 lerk, Christine Bainbridge Approved as to For :ii7 .--'44/(1) -1-,--h p.Office of ilje City Attorney Date Published:Published: avtilft,,T e /" Effective Date: ,,, //, ;(1/J a,� Ordinance-012 Granting Second Extension of Time Page 2 of 2