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Resolution 07-011 Implements Continuation Period with Comcast Corporation CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.07-011 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, IMPLEMENTING A CONTINUATION PERIOD FOR THE CABLE TELEVISION FRANCHISE WITH COMCAST CORPORATION IN THE CITY OF SPOKANE VALLEY,WASHINGTON FROM JUNE 5,2007 TO OCTOBER 9,2007. WHEREAS, the City of Spokane Valley (hereafter "City") is a local franchising authority, and the local cable television operator, Comeast Corporation(hereafter"Comcast"), operates in the City under a cable television franchise first approved September 5, 1991 as Spokane County Resolution number 91- 1247 and binding on the City following incorporation on March 31, 2003; and WHEREAS, Spokane County Resolution number 91-1247 granting the cable television franchise adopted and incorporated by reference Spokane County Code Chapter 7.40, which then became part of the franchise; and WHEREAS, on or about September 30, 2003, a letter was submitted by Comcast requesting renewal of the cable television franchise under both the formal and informal processes; and WHEREAS, the City and Comcast are proceeding in good faith in their negotiations regarding renewal of the franchise; and WHEREAS, the franchise was continued by agreement of the parties from September 5, 2006 to March 5, 2007 to continue negotiations for renewal; and WHEREAS, the franchise was then continued by agreement of the parties from March 5, 2007 to June 5,2007 to continue negotiations for renewal; and WHEREAS, the parties continue to negotiate in good faith to complete the renewal process, but have not been able to complete it to date. Both parties believe it is advantageous to continue to negotiate through the informal process currently underway, and believe this process will be completed by October 9, 2007; and WHEREAS, the parties are in agreement that Comeast will continue to operate its system under the same terms of the franchise during this third continuation period;and WHEREAS, the City desires to implement a continuation period for the franchise until October 9, 2007 to allow sufficient time for the parties to complete the renewal process; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHT'GTON: Section 1. The expiration of the cable television franchise first approved by the Board of County Commissioners for Spokane County on September 5, 1991, Spokane County Resolution number 91-1247, and binding on the City of Spokane Valley and Comcast as the successors in interest to the franchise, was originally set for September 5, 2006. The Council approved Resolution 06-017 on September 5, 2006, which continued the terms of the franchise to March 5, 2007. The Council approved Resolution 07-001 on February 27, 2007, which continued the terms of the franchise to June 5, 2007. The Resolution 07-011 Cable Franchise Continuation Page 1 oft City Council now continues the franchise to October 9, 2007. This continuation period is done pursuant to Section 7.40.050 of the Spokane County Code,which was incorporated by reference into the franchise. Section 2. Nothing in this resolution waives any legal or contract rights the City may have, the same being expressly reserved and preserved. Section 3. This Resolution shall be in full force and effective immediately upon adoption. Adopted this 10th day of July, 2007. ii)4...a.A.ks;,‘„ ■ W Diana Wilhite, Mayor ATTEST• 7 hristine Bainbridge, City Clerk Approved as to Form: _ Il� ._4 / Office of Q City ttorne • Resolution 07-011 Cable Franchise Continuation Page 2 of 2