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HomeMy WebLinkAbout1762 Awarding Summit Communications the Cable Television Franchise AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, CREATING AND AWARDING SUMMIT COMMUNICATIONS, INC. A NONEXCLUSIVE, FIFTEEN YEAR CABLE TELEVISION FRANCHISE IN THE CITY OF PORT TOWNSEND; PROVIDING RULES GOVERN- ING THE OPERATION OF SAME; PROVIDING FOR SUBSCRIPTION RATES; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON ITS PASSAGE, APPROVAL AND AFTER PUBLICATION. WHEREAS, the City Council of the City of Port Townsend, Washington did, ~'~f~/7 , 1976, authorize the advertisement of this on fifteen (15) year Franchise to operate a Cable Television System in the City of Port Townsend, Washington; and WHEREAS, said advertisement was published in the on ~. /q , 197~; and WHEREAS, a full, open and public hearing was conducted upon prior notice and opportunity of all interested parties to be heard; and WHEREAS, careful consideration was given to the qualifications of the applicants including their legal, character, financial and technical qualifi- cations and the adequacy and feasibility of their construction arrangements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend that there is hereby created and established a Cable Television Franchise in the City of Port Townsend, which Franchise is awarded to Summit Communications, Inc. (hereinafter referred to as "Grantee"), said Franchise and the Rules Governing the Operation of the Grantee under said Franchise being as follows: Section 1. Definitions. For the purpose of this Franchise, the following terms, phrases, words and'their derivations shall have the meaning given herein. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City" is Port Townsend, Washington. (2) "City Council" is the Port Townsend, Washington, City Council. (3) "Cable Television System" hereinafter referred to as "CATV System" or "System" means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and transmit them to subscribers for a fee. (4) "Person" is any person, firm, partnership, association, corporation, company or organizatio~f any kind. (5) "Grantee" is Summit Communications, Inc., or person who succeeds such Company in accordance with the provisions of this Franchise. (6) "Gross Subscriber Revenues" shall include any and all compensation or receipts derived from recurring monthly service charges, but shall not include any refunds or credits made to subscribers, any taxes imposed on the services furnished by Grantee, or any write-offs of uncollectable accounts. Section 2. Grant of Nonexclusive Authority. (a) The Grantee shall have the right and privilege to construct, erect, operate, and maintain in, upon, along, across, above, over and under the streets, alleys, public ways and places now laid out or dedicated and all extensions thereof, and additions thereto in the City, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the City of a CATV System as herein before defined. (b) The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the period of this Franchise. Section 3. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to - 2- exercise its rights and perform its obligations under this permit and to assure uninterrupted service to each and all of its customers; provided that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereto, the rules of the Federal Communications Commission, the laws of the State of ~, the City, or any other body having lawful jurisdiction thereof. Section 4. Compliance with Applicable Laws, Resolutions, and Ordinances. The Grantee shall, at all times during the life of this Franchise be subject to all lawful exercise of the police power by the City and to such reasonable regulation as the City shall hereafter provide. Section 5. Territorial Area Involved. This Franchise relates to the present territorial limits of the City, and to any area henceforth added thereto during the term of this Franchise. Section 6. Liability and Indemnification. ~The Grantee shall hold the ~ity harmless against any and all damages that may be caused by reason of the construction and/or operation of Grantee's Cable Television System in the territorial area involved to any and every person or persons, and Grantee shall cause to be defended at its own expense all actions that may be commenced against the City for damages by reason of the construction and/or operation of such system in the territorial area involved. The Grantee shall carry public liability and property damage insurance in the sum of not less than One Hundred Thousand Dollars ($100,000.00) for each individual, Two Hundred Thousand Dollars ($200,000,00) for each accident, and Fifty Thousand Dollars ($50,000.00) for property damage, with the City named as an additional insured, said insurance to be carried with an insurance company with a recognized national reputation acceptable to the City. - 3- Section 7. Operation and Maintenance of the System. The GranteeWshall~- render effective service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, as far as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. Section 8. Emersency Use of Facilities. In the case of any emergency or disaster, the Grantee shall, upon request of the City Council, make avail- able its facilities to the City for emergency use during an emergency or disaster period. Section 9. Safety Requirements. (a) The Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries, or nuisances to the public. ~ (b) The Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of the National Electric Safety Code, the State of Idaho, and in such manner that they will not interfere with any installations of the City or of any public utility serving the City. (c) Ail structures and all lines, equipment and connections in, over, under and upon the streets, sidewalks, alleys and public ways and places of the City, wherever situated or located, shall at all times be kept and maintained. Section 10. Conditions on Street Use. (a) Ail transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located so as not to obstruct or interfere with the proper use of streets, alleys and other public ways -4- and places, and to cause a minimum interference with the rights of property owners who abut any of the said streets, alleys and other public ways and places, and not to interfere with existing public utility installations. In all areas of the City where any cables, wires or other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like facilities underground to the maximum extent existing technology reasonably permits. When property owners pay all or a portion of such undergrounding costs, by the Local Improvement District method or otherwise, Grantee shall be entitled to a pro-rata portion of such payment. The Grantee shall furnish to and file with the City Engineer maps, plats, and permanent records of the location and character of all facilities con- structed, including underground facilities. Such maps, plats, and permanent records furnished and filed with the City shall be updated at least once every year by the Grantee. ~ (b) In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee shall, at its own expense, replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed in accordance with the standards and specifications of the City. (c) If at any time during the period of this permit the City shall elect to alter, or change the grade or location of any street, alley or other public way, the Grantee shall, upon reasonable notice by the City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures at its own expense, and in each instance comply with the standards and specifications of the City. (d) The Grantee shall not place poles, conduits, or other fixtures above or below the ground where the same will interfere with any gas, electric, telephone fixtures placed there, water hydrant, or other utility, and all - 5 - such poles, conduits, or other fixtures placed in any street shall be so placed so as to comply with all requirements of the City. (e) The Grantee shall, on request of any person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving df buildings with the expense of such temporary removal to be paid in advance by the person requesting the same, and the Grantee shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary changes. (f) The Grantee shall have the authority to trim any trees upon and overhanging the streets, alleys, sidewalks, or public easements of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee. Section 11. Erection, Removal and Joint Use of Poles. (a) No poles, conduits, or other wire-holding structures shall be erected ~r installed by the Grantee without prior approval of the City Engineer with regard to location, height, type and other pertinent aspects. The location of any pole, conduits, or wire-holding structure of the Grantee shall not be a vested right and such poles, conduits or structures shall be removed or modified by the Grantee at its own expense upon order of the City. (b) Where .poles, conduits, or other wire-holding structures of any public utility company are available for use by Grantee, the City may require the Grantee to use such poles, conduits, and structures if the permission and consent of such public utility company may be obtained by the Grantee and if the terms of the use available to the Grantee are just and reasonable. (c) Where City owned utility poles are available for use of the Grantee, the Grantee shall pay the City the same pole rental per annum as paid by the Grantee for the use of poles owned by public utilities. -6- Section 12. Preferential or Discriminatory Practices Prohibited. The Grantee shall not, as to rates, charges, service, facilities, rules, regula- tions, or in any other respect, make or grant any undue preference or advantage to any person, nor subject any person to any prejudice or disadvantage. Section 13. Duration of Franchise. This Franchise and the rights, privileges and authority hereby granted shall take effect and be in force from and after ~_ /~, , 1976 and shall continue in full force and effect for a term of fifteen (15) years. Section 14. Operational Standards. The cable television system shall be installed and maintained in accordance with the highest and best standards of the industry and Federal Communications Commission Regulations to the end that subscribers shall receive the best service possible. Section 15. Subscriber Rates. (a) Initial subscriber rates, payable in advance, shall be as follows: ~ Class of Service Rate per Month Installation Fee Single Family Dwelling - First Outlet Each Additional Outlet Move, per outlet Reconnect $6.90 $14.00 1.00 4.00 - - 5.00 - - 5.00 Commercial - First Outlet $6.90 $14.00 Each Additional Outlet 1.00 4.00 Move, per outlet - - 5.00 Reconnect - - 5.00 Multiple Family Dwelling - (over five units in one building, where Grantee owns all equipment and dwelling owner takes responsibility for all payments by service contract. Monthly charge based on total number of units in dwelling without regard to number of television sets served.) First outlet, per unit $3.50 per unit $14.00 per unit Each Additional Outlet, per unit 1.00 per unit 4.00 per unit Move, per outlet - - 5.00 A subscriber shall be allowed to elect a single annual payment due before January of that year. A discount of $3.80 shall be allowed. - 7 - (b) Service shall be for a minimum period of one (1) month. "~Upon reques~of the City, the Grantee shall provide the first connection free of cha~to designated school and municipal buildings in the City. During the first two months that the system is in operation, the Grantee shall waive all installation fees where cable plant has been constructed. (c) No increase in rates charged to subscribers shall be made by Grantee except as authorized by the City after a full, open and public proceeding upon prior notice and opportunity of all interested parties to be heard. Section 16. Miscellaneous Provisions. (a) In the event a Customer fails to pay his monthly service charge by the tenth of the month in which said charge is due, the Grantee is authorized to disconnect the installation or charge a penalty of ten percent (10%) or both. Any customers so disconnected for non-payment shall be required to pay a full installation fee in order to have the service reconnected. ~ (b) The customer shall not in any way disturb, alter, or move the signal wire of the Grantee and shall not attach additional radios, televisions sets, or receiving equipment of any type to the wire or equipment of the Grantee without Grantee's permission. (c) Grantee shall maintain a local agent and a telephone listing for the purpose of receiving inquiries and complaints from its customers. Grantee shall investigate all complaints within two (2) days of their receipt and shall in good faith attempt to resolve them swiftly and equitably. (d) This Franchise is governed by and subject to all applicable rules and regulations of the Federal Communications Commission. Should there be any modifications of the provisions of Section 76.31 of the Rules and Regula- tions of the Federal Communications Commission which must be incorporated into this Franchise the City and Grantee agree that such further action shall -8- be accomplished within one (1) year of the adoption of the modification, or at the time of the next renewal, whichever occurs first. Section 17. Construction Schedule. Grantee shall file applications for all necessary permits and authorizations within ninety (90) days of the grant of this Franchise. Grantee shall commence construction and installation of its system within one (1) year after obtaining all necessary approvals. Grantee shall complete construction of the system within one (1) year of commencement of construction. Section 18. Transfer of Franchise. The Grantee of this Franchise may not assign or transfer the same without the consent of the City. Nothing herein shall be construed so as to give the Grantee, its successors or assigns, any exclusive right to the privileges herein granted. Section 19. Separability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or uncon- Stitutional by any Court of competent jurisdiction or any Federal, State, or local regulatory body or agency having jurisdiction over Grantee, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 20. This ordinance shall take effect and be in force from and after its passage, approval and publication. PASSED AND ADOPTED by the City Council of the City of Port Townsend this ATTEST: day of ~~ , 1976. MAYOR