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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