HomeMy WebLinkAbout07-03 - Ord. Amending Ord. 109-01 TCI Cablevision of Washington Franchise ORDINANCE NO ; 7 -03
AN ORDINANCE amending Ordinance No . 109 - 01 to correct an error .
WHEREAS , TCI Cablevision of Washington, Inc . ("TCIWA" ) recently renewed its franchise to
make use of Mason County (the " County") streets and rights - of-way for the purposes of construction,
operation, maintenance upgrade and reconstruction of a Cable Communication System in the County,
granted by Ordinance No . 109 - 01 (the "Franchise ") , on October 2 , 2001 ; and
WHEREAS , a scriveners error occurred in Section F2 of the Franchise, titled Len tg h of
Franchise , establishing an erroneous effective and termination date ; and
WHEREAS , the error in Section F2 of the Franchise conflicts with the effective date established
in Section F 18 of the Franchise titled Effective Date ; and
WHEREAS , TCIWA and the County agree that the effective date established in Section F18 is
correct ; and
WHEREAS , TCIWA and the County agree that the scriveners error occurred and should be
corrected ; and
WHEREAS , it is in the public interest to do so ; and
WHEREAS , neither party waives any right which it enjoys under law as a result of agreeing to
this correction.
NOW, THEREFORE , THE MASON COUNTY COMMISSION DOES ORDAIN that
Section F2 of the Franchise shall be amended as follows :
The term of this Franchise shall be for a period of four (4) years
commencing upon October 7 , 2001 and terminating at midnight October 6 ,
2005 . Provided, however, that if the Operator has increased the cable
television system channel capacity to no less than seventy- five ( 75 )
channels using fiber technology within the initial four (4 ) year term , the
franchise shall automatically , subject to the provisions of Section M46 :
Revocation for Cause of the Master Cable Television ordinance , be
extended for an additional four (4) years . Notwithstanding the above ,
nothing shall restrict the franchisee from seeking renewal under section 47
USC 546 , or as amended . Moreover, if this franchise is not extended for
such additional four (4) year period, the franchisee shall be deemed to
have complied with the renewal notification under such section without
impairment of such rights granted therein. At the end of such eight ( 8 ) year
period the County shall examine any additional feature that other
Operators in the County may have incorporated into their systems . If the
commissioners find that such features are desirable in other areas of the
ORDINANCE No . 7 - 03
PAGE 2
County covered by the Operator, taking into due consideration the cost to
the subscriber and the applicability of such features and/or services , the
Operator will be granted an additional four years to incorporate such
designated features in the Operator ' s system . Failure to install these
features, once promised, shall be deemed as a failure to fulfill the
conditions of the franchise extension. Provided, however, that the
Operator shall be under no obligation to make such a promise and any
failure to do so shall not be considered a violation of the terms of this
agreement.
APPROVED this 21 st day of January, 2003 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
s
Her Baze, Chairperson
ATTEST :
Wesley E . ohns , Commissioner
. r
Rebecca S . Rogers, Clerk of e Board Jayin K min, Commissioner
PROVED AS TO FORM :
Michael E. Clift
Chief Deputy Prosecutor