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ORD 96-22 AMENDING CABLE TELEVISION FRANCHISEORDINANCE NO. 96-22 AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, AMENDING THE CABLE TELEVISION FRANCHISE (NORTHLAND CABLE TELEVISION, INC.) to increase the license fee from 4 percent to 5 percent. WHEREAS, pursuant to Ordinance No. 70-14, the City of Winslow, now known as the City of Bainbridge Island (the "City"), issued a cable television franchise ordinance (the "Franchise") to George O. Gregg; and WHEREAS, with the consent of the City duly given, (I) as of July 29, 1971, George O. Gregg assigned the Franchise to Kenneth T. Youngten, (it) as of September 12, 1977, Kenneth T. Youngren assigned the Franchise to Richard J. Dyste, and (iii) as of June 28, 1985, Richard J. Dyste assigned the Franchise to Bainbridge Island Cable TV Limited Partnership ("BICTVLP"); and WHEREAS, in February 1991 the City annexed certain portions of Kitsap County which previously had been sewed by BICTVLP and its managing general partner Northland Cable Television, Inc. pursuant to franchises issued by Kitsap County on terms and conditions substantially the same as those set forth in the Franchise; and WHEREAS, BICTVLP, by written notice dated July 10, 1992, exercised its option to extend the term of the Franchise for an additional period of 25 years beyond the original 25-year term of the Franchise; and WHEREAS, with the consent of the City duly given, as of December 29, 1993, BICTVLP assigned the Franchise to its managing general partner, Nodhland Cable Television, Inc. (the "License"); and WHEREAS, the City and the Licensee desire to amend the Franchise as set fodh below; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. The Franchise is amended by deleting the first sentence of Section 13 lhereof and substituting the following in lieu of thereof: The Licensee shall pay the City a license fee of five percent (5%) of the gross receipts collected by the Licensee in the City. Such fee shall be paid on a hi-monthly basis with Licensee's payment to be remitted within 30 days following the end of each two-month period. Section 2. Except as expressly provided in this Ordinance, the Franchise, as extended, amended, and assigned shall remain unchanged and in full force and effect. Section 3. To provide Licensee adequate time to comply with federally- mandated subscriber notification requirements, the increase in the license fee set fodh in Section 1 shall be effective at the beginning of the second month immediately following the month dudng which this Ordinance is signed by the Mayor of the City. Section 4. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication. PASSED by the City Council this 19~h day of December, 1996. APPI~OVED by the Mayor this 19th day of December, 1996. Attest/Authenticate: Janet K. West, Mayor APPROVED AS TO FORM Rod Kaseguma, City Attorney FILED WITH THE CITY CLERK: December 18, 1996 PASSED BY TE CITY COUNCIL: December 19, 1996 PUBLISHED: December 28, 1996 EFFECTIVE: December: 2z~, 1996 ORDINANCE NO.: 96-22