HomeMy WebLinkAbout1818ORDINANCE NO. /S/ g
AN ORDINANCE amending Ordinance No. 1799,
which granted to Port Angeles Telecable,
Inc., a non - exclusive franchise to operate
and maintain a community antenna television
system, in the City of Port Angeles.
WHEREAS, Port Angeles Telecable, Inc.,-("Company") has
been operating a CATV system in the City of Port Angeles, Wash-
ington, since 1960, pursuant to a franchise which expires in
December, 1974, and;
WHEREAS, the Mayor and City Council, of Port Angeles,
on September 18, 1973, enacted Ordinance No. 1799 which award-
ed the Company a non - exclusive franchise to continue to operate
and maintain a CATV system in the community of Port Angeles,
Washington, and;
WI-IEREAS, to insure that Ordinance No. 1799 is totally
consistent with Section 76.31 of the Federal Communications
Commission's Rules and Regulations regarding franchises, after
a full public hearing was held'by the Mayor and City Council
of the City of Port Angeles, after notice of such public hear-
ing was published in a newspaper of general circulation on
September
21 , 1973, Ordinance No. 1799 is
hereby amended.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES DO ORDAIN AS FOLLOWS:
SECTION I. Section 14(3) of Ordinance No. 1799 is
amended by adding the following sentence:
Provided, however, that no changes in the fore-
going rates for subscribers shall be made, ex-
cept as authorized by the City after a full public
proceeding, affording due process to all interest-
ed parties.
SECTION II. Section 20 of Ordinance No. 1799 is
amended by adding the following sentence:
Provided, however, that the City shall review
the performance and qualifications of the
Company prior to its granting the renewal
for the term specified herein.
SECTION III. Section 23 of Ordinance No. 1799 is
amended as follows:
If any section, subsection, sentence, clause or
portion of this Ordinance is for any reason held
invalid or rendered unconstitutional by, any Court
of competent jurisdiction, or the Federal Communi-
cations Commission, such portion shall be deemed
a separate, distinct, and independent pro-
vision and such holding shall not affect the con-
stitutionality of the remaining portion hereof.
If for any reason the franchise fee is invalidated
or amended by the act of any Court or governmental
agency, then the highest reasonable franchise fee
allowed by such Court or other governmental agency
shall be the franchise fee charged by this Ordinance.
SECTION IV. A new section, designated as Section 24,
is added to Ordinance No. 1799, which reads as follows:
Should the Federal Communications Commission
modify or amend the provisions of Section 76.31
of its Rules and Regulations entitled "Franchise
Standards" such modifications or amendments shall
be incorporated into this Ordinance within one
year of the adoption of the modification or amend-
ment, or at the time of the expiration of this
Ordinance, or renewal thereof, whichever occurs
first
SECTION V. A new section, designated as Section 25,
is added to Ordinance No. 1799, which reads as follows:
Prior to the award of this Ordinance, the City
Council of the City of Port Angeles held public
hearings regarding the award of this non - exclusive
franchise to allow Port Angeles Telecable, Inc. to
continue to operate a CATV system in Port Angeles
at which interested parties were afforded an oppor-
tunity to participate. The City Council of Port
Angeles reviewed the performance and qualifications
of Port Angeles Telecable, Inc., during its initial
operating duration and was satisfied therewith.
PASSED by the City Council of Port Angeles and approved
by its Mayor at a regular meeting -of the Council held on the
19th day of March, 1974.
Attest:
City Clerk.
Approved as to form:
City Att
PUBLISHED: /4Rdt =' � /77 1
Mayor