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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. II II II 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)