Loading...
HomeMy WebLinkAboutRES 3492CITY OF RENTON, WASHINGTON RESOLUTION NO. 3492 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, CONFIRMING FULFILLMENT OF THE FRANCHISE OBLIGATION OF TCI CABLEVISION OF WASHINGTON, INC., KNOWN AS AT&T BROADBAND, TO PROVIDE, OPERATE, AND MAINTAIN A PUBLIC ACCESS FACILITY. WHEREAS, under Section 5 of its Franchise Agreement with the City of Renton, 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 ("PSA"), 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 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 RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1 RESOLUTION NO. 3492 SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. In consideration of the total payment of $3,701,942.78 to PSA by AT&T, the City of Renton confirms that AT&T's obligation to "provide, maintain, and operate" a public access studio in the City of Renton pursuant to Section 5 of Ordinance No. 4412 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 III. 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 IV. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION V. This resolution shall take effect and be in force immediately upon its passage. PASSED BY THE CITY COUNCIL this 12th day of March , 2001. APPROVED BY THE MAYOR this 12th day of March , 2001. 2 RESOLUTION NO. 3492 Lawrence J. Warren. City Attorney RES.835:2/23/01:ma 3