ORD 2093 ORDINANCE NO . Vr
AN ORDINANCE granting an extension of the cable television
franchise now held by TCI of Southern Washington from
November 1 , 1996 , through November 26 , 1997 .
WHEREAS , on or about April 21 , 1981 , the City of Camas adopted Ordinance No . 1429
granting a non - exclusive franchise for the provision of cable television services to Radiant TV ,
Inc . , and
WHEREAS , by Resolution No . 513 , the City approved the transfer of the cable television
franchise from Radiant TV , Inc . , to Cox Cable Vancouver/ Clark County , and
WHEREAS , by Resolutions No . 575 and 577 , the City approved the transfer of the cable
television franchise from Cox Cable Vancouver/ Clark County to Columbia Cable of Washington ,
and
WHEREAS , in 1995 , the City approved the change in ownership of Columbia Cable of
Washington to TCI/ CI Merger Subcorp ( later renamed to TCI of Southern Washington) , and
WHEREAS , the City adopted Ordinance No . 2035 on September 11 , 1995 , extending the
television cable franchise from April 27 , 1996 , to November 1 , 1996 , and
WHEREAS , TCI is currently engaged in franchise renewal processes with the City of
Camas , the City of Vancouver , and Clark County , and
WHEREAS , all three governmental agencies have found it beneficial to extend the
current franchises for a reasonable period of time in order to promote and facilitate an orderly
franchise renewal process , now , therefore ,
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS :
Section I
The City hereby approves an extension of the term of the current city cable television
franchise held by TCI of Southern Washington for a period ending November 26 , 1997 .
Section II
This ordinance shall be contingent upon the occurrence of the following :
a . The City of Camas and TCI entering into a franchise extension agreement under terms
and conditions approved by the City .
b . The passage by the Clark County Board of Commissioners of an appropriate
resolution or ordinance approving a comparable extension of ICI ' s current county franchise .
Ordinance No . Page 2
c . The passage by the City of Vancouver of an appropriate ordinance approving a
comparable extension of TCI ' s current franchise .
Section III
This ordinance shall take force and be in effect November 1 , 19960
r his ,� da of October
PASSED by the Council and APPROVED by the Mayo t y ,
1996 .
SIGNED :
Mayor
ATTEST : - � ...
Clerk
AYP RO ED as to form :
City Attorney
l . -
� CEIVED
NOV 4 1996
FRANCHISE EXTENSION AGREEMENT : :,� � Rr = �.
AN AGREEMENT made between the City of Camas (the " City " ) and TCI of Southern
Washington ( " TCI " ) setting forth certain mutually agreeable terms and conditions for the
extension of the cable television franchise originally awarded by the City to Radiant TV , Inc . , by
Ordinance 1429 , and currently held by TCI , which franchise would otherwise expire November
1 , 1996 .
WHEREAS , the current cable television franchise held by TCI is due to expire November
11 1996 , and
WHEREAS , TCI currently also holds cable television franchises from both the City of
Vancouver and from Clark County , which franchises are also due to expire , and
WHEREAS , TCI has requested an extension of the current franchise for a reasonable
period of time to facilitate an orderly franchise renewal process , and
WHEREAS , the Vancouver/ Clark County Cable Television Commission has
recommended that a franchise extension not to extend beyond November 26 , 1997 , should be
granted , and
WHEREAS , Clark County and the City of Vancouver have indicated a willingness to
extend the current franchises ,
NOW , THEREFORE , the parties agree as follows :
1 . Extension . The City and TCI hereby approve an extension of the current city cable
television franchise held by TCI for a period commencing November 1 , 1996 , and terminating
November 26 , 1997 .
2 . Franchise Renewal Process . The City and TCI hereby stipulate that the process for
Franchise Extension Agreement Page 2
renewal of the current franchise is already underway under the " informal " renewal process
provided for by Section 626 (h) of the Cable Communications Policy Act of 1984 , as amended by
the Cable Television Consumer Protection Act of 1992 . TCI specifically agrees that it will not
file a " 626 letter " attempting to invoke a new " renewal window" under 47 USC § 546 ( a) on the
basis of the City ' s extension of the current franchise pursuant to the terms of this agreement .
3 . Consideration for Extension . In consideration for the grant of the franchise extension
provided for b the Ci in Ordinance No . TCI agrees to be bound b all terms and
p Y City � g Y
provisions of Ordinance No . 1429 as amended by Ordinance No . 2035 of the City of Camas .
4 . Choice of LawNenue . This Agreement shall be deemed to have been executed and
delivered within the State of Washington , and the rights and obligations of the parties hereunder
shall be construed and enforced in accordance with , and governed by , the laws of the State of
Washington without regard to the principles of conflict laws . Any action or suit brought in
connection with this Agreement shall be brought in the Superior Court of Clark County ,
Washington .
5 . Severability of Invalid Provisions . If any provision of this Agreement or the
application thereof is held invalid , the invalidity shall not affect other provisions or applications
of the Agreement which can be given effect without the invalid provisions or applications and to
this end the provisions of this Agreement are declared to be severable .
CITYOF ' MASp �, unici al corporation .
By :
Dean ' Dossett , Mayor
Dated :
Franchise Extension Agreement - City of Camas Page 3
TCI OF SOUTHERN WASHINGTON
By : TCl/ CI Merger Sub Corp . , its managing partner
By . r � .
David Reynolds
Presid nt
Title :
Dated : October 31 , 1996