Ordinance 2858-05 - Laserfiche WebLink

ORDINANCE NO. 2858-05 AN ORDINANCE GRANTING A FRANCHISE RENEWAL TO BLACK ROCK CABLE, INC. FOR AN OPEN VIDEO SYSTEM WHEREAS, the City is authorized to grant franchises for the installation, operation and maintenance of open video systems within the City; and WHEREAS, the City granted Black Rock Cable, Inc. ("Grantee") a franchise by the City for an open video system franchise to construct, operate and maintain an open video system within the City pursuant to Ordinance No. 2475-00; and WHEREAS, the franchise expired; and WHEREAS, Grantee has since changed management and is now actively providing services to customers in northwest Washington state; and WHEREAS, the Grantee wishes to renew its franchise subject to the terms and conditions stated herein, and is willing to to abide by these terms and conditions; and WHEREAS, the City Council hereby finds that it would serve the public interest of the citizens of the City to renew its grant of a non-exclusive open video system franchise to the Grantee subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: SECTION 1. SECTION 1. DEFINITIONS For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. 1.1. "Access" means the availability for noncommercial use various agencies, institutions, organizations, groups and individuals in the community, including the City and its designees, of the Open Video System to acquire, create, receive, and distribute services and signals as permitted under applicable law including, but not limited to: (a) "Public Access" means Access where community-based, noncommercial organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary users. (b) "Educational Access" means Access where schools are the primary users having editorial control over programming and services. (c) "Governmental Access" means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. 1