Ord 2488 - Willamette Broadband/Wavedivision Franchise Extension COUNCIL BILL NO. 2894
ORDINANCE NO. 2488
AN ORDINANCE AMENDING ORDINANCE 2307 (THE WILLAMETTE BROADBAND,
LLC/ WAVEDIVISION VII, LLC CABLE TELEVISION FRANCHISE) TO EXTEND SAID
FRANCHISE ORDINANCE UNTIL SEPTEMBER 30, 2012 AND DECLARING AN
EMERGENCY.
WHEREAS, Ordinance 2307 granted a franchise ( "the Existing Franchise ")
to Willamette Broadband, LLC to operate a cable television system for a 10 year
period within the corporate limits of the City of Woodburn under the terms and
conditions of the November 14, 2001 Cable Television Franchise Agreement
between the City of Woodburn, Oregon and Willamette Broadband, LLC (as
successor -in- interest to DirectLink of Oregon, Inc.); and
WHEREAS, WaveDivision VII, LLC purchased the cable television system
serving the City of Woodburn from Willamette Broadband, LLC and remained
subject to the Existing Franchise; and
WHEREAS, the parties to the Existing Franchise have been negotiating in
good faith towards renewal; and
WHEREAS, the parties now believe that it would be in their mutual interest
to extend the Existing Franchise until September 30, 2012; and
WHEREAS, a representative of WaveDivision VII, LLC has consented to this
extension of the Existing Franchise; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 3 of Ordinance 2307 is amended to read as follows:
Section 3. The Franchise shall expire on September 30,
2012
Section 2. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, in that it is important that the
franchisee under the Existing Franchise is able to continue to operate a cable
television system while negotiations take place, an emergency is declared to
exist and this ordinance shall take effect immediately upon passage and
approval by the Mayor.
Page 1 - Council Bill No. 2894
Ordinance No. 2488
Approved as to form:
City Attorney / D •
Appro ed.
r_A
athr n Fige Moy•r
Passed by the Council (257A1 z_
Submitted to the Mayor (W ( Z-
Approved by the Mayor (t ? -(2012
Filed in the Offic- of the Recorder lQ(L /2012
A air
ATTEST :��
�ristina Sheare , Ci Recorder
ity of Woodbur , Oregon
Page 2- Council Bill No. 2894
Ordinance No. 2488
(11..V E
DIVISION HOLDINGS
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Via Overnight Mail
June 19, 2012
N. Robert Shields
City Attorney =
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
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Re: Ordinance Amending Ordinance 2307 to Extend Said Franchise Ordinance Until
September 30, 2012 and Declaring an Emergency (the "Ordinance ")
Dear Mr. Shields:
We have reviewed the Ordinance you provided via email. WaveDivision VII, LLC d /b /a
Wave Broadband hereby accepts all terms and conditions of the Ordinance and will fully comply
with the Ordinance when it is passed and approved by the mayor of the City of Woodburn. LL
Please contact me at 425 - 896 -1891 or jpenney@wavebroadband.com if you have any
co
questions or concerns.
N
Very Truly Yours,
J es A. Penney
Executive Vice President, Business and Legal Affairs "
WaveDivision VII, LLC S
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COUNCIL BILL NO. 2895
ORDINANCE NO. 2489
AN ORDINANCE AMENDING ORDINANCE 2318 (THE DATA VISION
COMMUNICATIONS /DATA VISION, LLC FRANCHISE) TO EXTEND SAID FRANCHISE
ORDINANCE UNTIL SEPTEMBER 30, 2012 AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance 2318 granted a franchise ( "the Existing Franchise ")
to Data Vision Communications to place telecommunication facilities in City
right -of -way for a 10 year period within the corporate limits of the City of
Woodburn; and
WHEREAS, the parties to the Existing Franchise have been negotiating in
good faith towards renewal; and
WHEREAS, the parties now believe that it would be in their mutual interest
to extend the Existing Franchise until September 30, 2012; and
WHEREAS, a representative of Data Vision Communications, LLC has
consented to this extension of the Existing Franchise; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 4 of Ordinance 2318 is amended to read as follows:
Section 4. The Franchise shall expire on September 30,
2012
Section 2. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, in that it is important that the
Franchisee under the existing franchise is able to continue to operate while
negotiations take place, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage and approval by he M•yor.
Approved as to form: / - 'Y U _ Z /(317___
City Attorney - Date
A rov -.: , ��•
pp •
athr n Figle Wyor 1111
Passed by the Council (05/201Z--
Page 1 - Council Bill No. 2895
Ordinance No. 2489
i
w
Submitted to the Mayor /p /Z b(7A/
Approved by the Mayor l41/2n1
Filed in the Off - of the Recorde /,4 ' 2 /-
ATTEST: .. -e /�.
Christina ShearI , Recorder
City of Woodbu , •regon
Page 2 - Council Bill No. 2895
Ordinance No. 2489