The URL can be used to link to this page

Home My WebLink About2011-028 ORDINANCE NO. 2011-028 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE COMCAST CABLE SYSTEM FRANCHISE WHEREAS, the City of Arlington has approved a non-exclusive franchise to Comcast of Washington IV, Inc., to operate a Cable System; and WHEREAS, the City and Comcast have agreed to modify said franchise to provide for more frequent payment of the franchise fees required therein; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. The non-exclusive franchise by and between the City of Arlington, WA and COMCAST OF WASHINGTON IV, INC., approved by this City Council on April 6, 2009 and accepted by COMCAST OF WASHINGTON IV, INC. on June 4, 2009, shall be and hereby is modified as provided in the Amendment to Franchise Agreement, attached hereto as Exhibit «A„ Section 2. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. �,�PA, SSED by!he City Council of the City of Arlington and APPROVED by the Mayor this LK' day of CV C K , 2011. CITY OF ARLINGTON Margar t arson, Nidyor ATT ST: Cl 1,QiA_ Kristi anfield, Cify erk ORDINANCE NO. 2011-028 1 APPROVED AS TO FORM: St it J ei e, Crty Attorney ORDINANCE NO. 2011-028 2 AMENDMENT TO FRANCHISE AGREEMENT The parties hereto agree to amend that certain Franchise Agreement dated June 4, 2009 between the City of Arlington, WA ("City") and Comcast of Washington IV, Inc., a Washington corporation ("Grantee"), as follows: 1. Paragraph 3.2 of the Franchise Agreement shall be amended to read as follows: 3.2 Payments Grantee's fee payments to the City shall be computed monthly for each preceding calendar month. Each monthly payment shall be due and payable no later than forty- five (45) days after said dates. 2. Paragraph 3.4 of the Franchise Agreement shall be amended to read as follows: 3.4 Monthly Franchise Fee Reports Each payment shall be accompanied by a written report to the City, verified by an authorized representative of Grantee, containing an accurate statement in summarized form, as well as in detail, of Grantee's Gross Revenues and the computation of the payment amount. Such reports shall detail all Gross Revenues of the Cable System and shall be calculated in accordance with GAAP. 3. Paragraph 3.6 of the Franchise Agreement shall be amended to read as follows: 3.6 Late Payments In the event any payment due monthly is not received within forty-five (45) days from the end of the calendar month, Grantee shall pay interest on the amount due at the rate of one percent (1%)per month, compounded daily, calculated from the date the payment was originally due until the date the City receives the payment. 4. In all other respects, the Franchise Agreement is unmodified and shall remain in full force and effect. AMENDMENT TO FRANCHISE AGREEMENT 1 CITY OF ARLINGTON, WA Margar t arson, Nyor ATTEST: '-Qj- Kristi Banfield, City Clerk COMCAST OF WASHINGTON IV, INC. By: Its AMENDMENT TO FRANCHISE AGREEMENT 2 AFFIDAVIT OF PUBLICATION State of Washington, ) County of Snohomish, ) ss Being first duly sworn on oath deposes and says that she is the secretary of The ARLINGTON TIMES, a weekly newspaper. That said newspaper is a legal newspaper which has been approved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it ADOPTION 5UMMA OF ORDINANCE is now and has been for more than six months prior to the date of the pub- You You are hereby notified that on lication herinafter referred to, published in the English language continual- November 7,2011.the city Coun- I as a week) newspaper in Arlin ton, Snohomish Count Washington, cil of the City of Arlington,Wash- y yg Y, -Ington, did adopt ordinance No. and it is now and during all of said time was printed in an office maintained 2011•02aentitled, at the aforesaid lace of publication of said newspaper. That the annexed 'AN ORDINANCE OF THE CITY OF p p ARLINGTON,WASHINGTON is a true copy of a AMENDING THE COMCAST CABLE SYSTEM FRANCHISE" � This ordinance is effective five days from its passage and publi- cation. The full text of the ordinance is as it was published in regular issues (and not in supplement form) of said available to interested persons newspaper once each week for a period of consecutive week(s), and will be mailed upon request. Kristin Banfieid - commencing on the _day of 2 0LL—, � City Clerk City of Arlington and ending on the day of 20�_, Published: November 16, 2011. #k545222 both dates inclusive and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of$ 5D ,which amours'Onas been paid in full. Subscribed and sworn to before me, this nday of in o , 20�L, d�- Notary Public in and for the Stale 01f Washington Residing at Ar4mtlon. ARLINGTON TIMES PO Box.6fi 1 0 5 Marysville, Washington 98223-0067 (360) 435-5757 `��Q�SA G .......... F• 'l1 i��' ' S O 9. NOTARY - N PUBLIC 10 2, : O ` Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH } S.S. SUMMARY OF ORDINANCE ADOPTION The undersigned,being first duly sworn on oath deposes and says that she is Principal Clerk of You are hereby notified that on November 7, 2011, the City THE HERALD,a daily newspaper printed and published in the City of Everett,County of Connell of the City of Arlington, Snohomish,and State of Washington;that said newspaper is a newspaper of general rience gton, did adopt Ordb g name No.2011.028 entitled circulation in said County and State;that said newspaper has been approved as a legal "AN ORDINANCE OF THE WAS IY OF AN INGTON. newspaper by order of the Superior Court of Snohomish County and that the notice THE COMCAST CABLE SYSTEM FRANCHISE' This ordinance Is affective If- deyys from its passage and Summary of Ordinance Adoption publication. The lull text of the ordinance Is available to interested parsons Ordinance no.2011-028 and wig be mailed upon request Kristin Bonfield City Clock Clot Adlnpton Pu llahed:November 12,2011. a printed copy of which is hereunto attached,was published in said newspaper proper and not in supplement form,in the regular and entire edition of said paper on the following days and times,namely: November 12,2011 and that said newspaper was regularly distribu ld to its subscribers during all of said period. nncipn cr Subscribed and sworn to before me this 14th day of -----November,20 J _ Note 'ublic in a or the SI of Washington,residing at Everell,Snohomish County. Account Name:City of Arlington Account Number: 100277 Order Number: 0001757353 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2011-028 was approved at the November 7, 2011 City Council meeting. ORDINANCE#2011-028 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE COMCAST CABLE SYSTEM FRANCHISE" A true and correct copy of the original ordinance is attached. Dated this 91h day of November, 2011. i11! Kristin nfield City Clerk for the City of Arlington