ORDINANCE # 413

ORDINANCE NO. 344

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON GRANTING A TWO YEAR EXTENSION TO THE FRANCHISE ORDINANCE NO. 141 GRANTED TO CABLE TV PUGET SOUND, INC. DOING BUSINESS AS TCI OF WASHINGTON, TO ALLOW TIME TO NEGOTIATE A RENEWAL OF THE FRANCHISE.

Whereas, Cable TV Puget Sound, Inc., doing business as TCI of Washington (hereinafter "TCI") currently holds a franchise to construct, operate, and maintain a a cable communication system in South Prairie, (hereinafter the "Town"), which was granted on October 19, 1982, by Ordinance No. 141 (the "Franchise") and by Resolution No. 90 dated February 1, 1983; and

Whereas, TCI timely filed a request with the County to activate the procedures for renewal of the Franchise in accordance with Section 626 of the Cable Act; and

Whereas, TCI's franchise with the Town is scheduled to expire on October 19, 1997; and

Whereas, TCI has requested an extension of the Franchise for two years to allow it adequate time to understand the needs of the Town and negotiate a renewal franchise; and

Whereas, the Town agrees that it is in the best interest of all concerned to extend the Franchise until October 19, 1999; and

Whereas, following negotiations, there will be opportunities for public review and comment upon the proposed new franchise proposal and a presentation to the Town Council; and

Whereas, the rights of all parties will remain unchanged during an extension of the Franchise, and neither party waives any right which it enjoys under law as a result of agreeing to this extension.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: The Franchise as amended of Cable TV Puget Sound, Inc., doing business as TCI of Washington, shall be extended through October 19, 1999.

PASSED BY THE TOWN COUNCIL AND APPROVED BY THE MAYOR OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON, AT A REGULAR MEETING THEREOF this 2nd day of DECEMBER, 1997.

Attested: MarIa Nevill

Acting Town Clerk/Treasurer

Approved as to Form:

Michael J. Reynolds City AttorneyOrdinance No.: 343

Mayor Dale P. Stubbs

INTRODUCED: 12-2- 97

PASSED: 12-2-97

APPROVED: 12-2-97

PUBLISHED: 1-14-98