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. <br /> 1 ORDINANCE NO. //. (--/ <br /> 211 <br /> n <br /> 3 'I AN ORDINANCE amending Section 11 of Ordinance No. 3952 <br /> 4'I entitled, <br /> ii <br /> 51' AN ORDINANCE GRANTING TO T. V. CABLE, INC. , ITS <br /> i,j SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, <br /> 6i OPERATE AND MAINTAIN A COAXIAL CABLE SUBSCRIBER <br /> SYSTEM FOR TELEVISION SIGNAL DISTRIBUTION THROUGHOUT <br /> 7�,! THE CITY OF EVERETT, SNOHOMISH COUNTY, WASHINGTON, <br /> 8 AND IMPOSING PROVISIONS AND CONDITIONS RELATING <br /> I THERETO. <br /> 9i <br /> WHEREAS, Section 11 of Ordinance No. 3952 provides <br /> 10 as follows: <br /> 111 "This franchise is granted upon the express condition <br /> 12 that the grantee within sixty (60) days after the <br /> adoption of this ordinance shall file with the Clerk <br /> 131 of the grantor a written acceptance ofthesame and <br /> when so accepted by the grantee shall constitute a <br /> 14 contract between the grantor and grantee for all the <br /> uses, services and purposes herein set forth and the <br /> 15 � term of this franchise shall upon said acceptance <br /> 16 ' being so filed commence to run. " <br /> 17 WHEREAS, Ordinance No. 3952 was adopted on the f. Z <br /> 1 day of 0 ' , 1963; and, <br /> 18 i1 <br /> 1911 WHEREAS, written acceptance by T-V CABLE, INC., cannot <br /> be found in the office of the City Clerk, and it cannot be <br /> 20 determined whether such acceptance was or was not filed with the <br /> City Clerk; and, <br /> '21 <br /> WHEREAS, the City of Everett has permitted T-V CABLE, <br /> 22 INC., and its assigns, EVERETT CABLEVISION, INC., to operate <br /> under the provisions of said franchise and has accepted from said <br /> 231 persons fees due under the terms of said franchise; and, <br /> 24 1 <br /> WHEREAS, in (')L. '7--() / ' /5--o' , 1964, ' <br /> 25 T-V CABLE, INC., assigned all of its interest in and to said frant- <br /> chise to EVERETT CABLEVISION, INC., and EVERETT CABLEVISION, INC. , <br /> 2fi has complied with all of the provisions of said franchise pro- <br /> ! <br /> viding for the assignment of the interests of T-V CABLE, INC., <br /> 27 <br /> to EVERETT CABLEVISION, INC., <br /> 281; <br /> I NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 29 <br /> Section 1: That Section 11 of Ordinance No. 3952 is <br /> 30 hereby amended to read as follows: <br /> 31 , "Section 11. In view of the fact that it cannot <br /> 321 be ascertained whether or not the grantee filed with the <br /> City of Everett a written acceptance of the terms and <br />