HomeMy WebLinkAbout1595RESOLUTION NO. I 5'9' s-
A RESOLUTION of the City Council of the City
of Kent, Washington, confirming fulfillment of the
franchise obligation of TCI Cablevision of Washington,
Inc. known as AT&T Broadband to provide, maintain, and
operate a public access facility.
WHEREAS, under Section 5 of its Franchise Agreement with the City of
Kent, TCI Cablevision of Washington, Inc., known as AT&T Broadband ("AT&T"),
assumed an obligation to provide, maintain, and operate a public access studio for the
City during the life of its franchise; and
WHEREAS, AT&T has assumed this same franchise obligation with the
cities of Auburn, Burien, Kent, Renton, SeaTac, and Tukwila (collectively "Cities"); and
WHEREAS, AT&T has reached an agreement with the Cities to fulfill the
franchise obligation described herein by a one-time payment of $3,701,942.78 (the
"Access Funds") to Puget Sound Access Foundation ("PSAF"), a Washington non-profit
corporation; and
WHEREAS, the Access Funds will be used solely for the purpose of
constructing, equipping, operating and maintaining a public access studio and
administering the functions of the public access channel(s) provided by AT&T for the use
and benefit of the Cities; and
I Franchise Confirmation of
TCI Cablevision of Washington
(generally known as AT&T Broadband)
WHEREAS, the Access Funds will be held in a Designated Fund; and
WHEREAS, the Cities agree that the payment of Access Funds to PSA
fully and unconditionally fulfills AT&T's franchise obligation to provide, maintain, and
operate a public access studio; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. In consideration of the total payment of $3,701,942.78, to
PSA, by AT&T, the City of Kent confirms that AT&T's obligation to "provide, maintain,
and operate" a public access studio in the City of Kent pursuant to Section 5 of Ordinance
No. 3108, is, in all respects, completely fulfilled, and AT&T is, accordingly, fully
released from all public access facility, maintenance and operation requirements under its
current Franchise Agreement with the City.
SECTION 2. Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 3. Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
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2 Franchise Confirmation of
TCI Cablevision of Washington
(generally known as AT&T Broadband)
SECTION 4. Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASS ED at a regular open public meeting by the City Council of the City of
Kent, Washington, this fl._ day of June, 2001.
CONCURRED in by the Mayor of the City of Kent, this ..2.tJ day of
June, 2001.
ATTEST:
~Jl~
APPROVED AS TO FORM:
(<:;>\-RO ER LUBOVICH, CITY ATTORNEY
. • .
I hereby certifY that this is a true and correct copy of Resolution No. 1~5
passed by the City Council of the City of Kent, Washington, the I "l day of fj·OMp -, 2001.
...• \) "~. 3 Franchise Confirmation of
TCI Cablevision of Washington
(generally known as AT&T Broadband)