HomeMy WebLinkAboutOrdinance No. 0878CITY OF MEDINA, WASHINGTON
Ordinance No. 878
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
AMENDING SECTION 5.06.020 OF THE MEDINA MUNICIPAL CODE
RELATING TO FRANCHISE FEES
WHEREAS, the City of Medina is classified as a non -charter code city under title 35A RCW;
and
WHEREAS, RCW 35.21.860 provides authority for franchise requirements and fees for
cable television services as allowed by federal law;
WHEREAS, Ordinance No. 860, adopted by the City Council on November 8, 2010,
imposes a franchise fee of three percent upon gross revenues derived from cable and sewer
services provided within the City of Medina; and
WHEREAS, Ordinance No. 860 included a provision to reduce the three percent fee to zero
on January 31, 2012; and
WHEREAS, the City Council desires to amend the City Code relating to the limitation of
reducing the franchise fee to zero on January 31, 2012; and
WHEREAS, the adoption of an ordinance pertaining to enforcement relates solely to
governmental procedures and contains no substantive standards respecting use or modification of
the environment and is therefore. exempt from the requirements of the State Environmental Policy
Act pursuant to WAC 197-11-800(19);
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Amendment of Section 5.06.020. Section 5.06.020 of the Medina Municipal
Code is hereby amended to read as follows:
A. All persons given a grant pursuant to a franchise, license, permit or other authorization to use
and occupy the public rights -of -way to provide services, whether or not such services are
provided to the general public, shall, in consideration for such grant and to the extent the City
may lawfully require such persons to do so, pay franchise fees to the City in accordance with
the terms and conditions of the applicable franchise agreement, license, permit or other
authorization.
B. Except as may be otherwise provided in the franchise, license, permit or other authorization, the
obligation of such person to pay such franchise fees to the City shall survive the expiration,
termination or revocation of the franchise, license, permit or other authorization and shall be in
full force and effect until such time as a new franchise, license, permit or other authorization
granting use and occupancy of the public rights -of -way becomes effective or such person
removes its facilities, if any, from the public rights -of -way.
C. Franchise fees imposed pursuant to this section that are imposed upon gross revenues derived
from services provided within the city, shall not exceed a percentage of three percent of such
gross revenues. Franchise fees imposed upon gross revenues derived from services provided
within the city pursuant a franchise, license, permit or other authorization granted prior to the
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effective date of this section shall not be assessed or collected to the extent such franchise fees
exceed three percent of such gross revenues. ((
.))
Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this
ordinance.
Section 3. Effective Date. This ordinance shall take effect five (5) days after its publication
or the publication of a summary of its intent and contents.
PASSED BY THE CITY COUNCIL ON THIS 14 DAY OF NOVEMBER, 2011 AND SIGNED IN
AUTHENTICATION OF ITS PASSAGE ON THE 14 DAY OF NOVEMBER, 2011.
App as to form:
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Bruce Disend, City Attorney
Passed: 11 /14/2011
Published: 1i fl-iii
Effective Date: 11 It
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Bret Jordan, Mayor
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Ra hel Baker, City Clerk
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