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HomeMy WebLinkAbout1871 Award Cable Television Franchise to Port Townsend Cable TV AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASIIINGTON, CREATING -AND AWARDING i'ORT TOWNSEND CAI;L~: TV, LTD. A NOr~EXCLUSIVE, FIFTEEN YEAR CABLE TELEVISION F]IA!~CII:SE ]N 'J'HE ._CITY OF PORT TOWNSEND;PRO- VIDING RULES GOVERNING THE OPERA?ION OF SAME; AND PROVIDING THAT THIS ORDINANCE TAKE EFFEC-® IM>tEDIATELY UPON ITS PASSAGE, APPROVAL ILND AFTER PUBLICATION. ~,~ereas, it is deemed desire~ble and in the best interests of the citizens of Port Townsend, Washington that a cable TV system exist for the use of said residents, now, therefore, BE IT RESOLVED by the City Council of the City of Port Townsend that Ordinance Number 1762 dated August 17, 1976 is hereby repealed; t~at this. Ordinance hereby transfers and a~signs the cable television Franchise in the City of Port Townsend, which was originally granted to Summit Com- .municat{ons, Inc. in Ordinance Number 1762, to Port Townsend Cable TV, LTD'-(herein after referred to as "Grantee"), said Franchise and the rules ~overnlng the operation of the Grantee undersaid Franchise being as follows: Section 1. Definitions. For the purpose of this Franchise, .the following terms, phrases, words and their derivations shall h~ve the mean- {ng given'herein[ '.~q~en not inconsist~nt with the t'onte×t, words in the plural number include the singular number, and words :" the singular num- ber include the plural number. The word "shall" iS always mandatory and not merely directory. (1) "City'.' is Port Townsend, Washington. (2) "City Counci% is the Port Townsend, Washington City Council. (3) "Cable Television System" herei~after referred to as'~ATV System"or "System" means a system of coaxial cables 0~ other equipment used or to be used primarily to originate or re- ceive telev;-sion or radio signals directly or indirectly off-the-air and transmit them to subscribers for a fee. (4) 7'Person" is any person, f~rm, partnership, association, cur- .potation, company or organization of any kind. (5) "Grantee" is Port Townsend Cable TV, LTD., or person who succeeds such Company in accordance with the provisions of this Franchise. Section 2. Grant of Nonexclusive Author. ity . (a) The Grantee ~all have the r~ght and privilege to construct, · operate, and rm~intain in, upon, along, across, above, over, and under the streets, alleys, pu. blic 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 fix- tures necessary for the maintenance and the operation in the City of a CATV system as herein defined. -1- (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 simi!-~ use of said streets, alleys, public ways and places to any 'person at any time durin~ the period of this Franchise. Section 3. Rules of Grnntee. The Grantee shall have the authority to promulgate such rules, regulations, terms and condi'tions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this permit and to assure uninterrupted s~rvi'ce 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 Fed- eral Communications Co~.~,ission, the laws of the State of the City or any other body having lawful jurisdiction hereof. ~ 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 exercised of the police power by the City and to such reasonable regulation ~s the City shall hereinafter 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 City harmless against any and all damages that may be caused by reason of the construction and/or operatio~ of Grantee's CATV System in the ter- ritorial area involved to any and every person or persons, and Grantee shall cause to be defended at {ts own expense all actions that may be commencec against the City for ~ama.- s 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 Dallars ($100,000.00) for each individual, Three Hundred Thousand D .... lard ($300,000.00) for each ac- cident, and One Hundred Thousand Dollars ($100,000.00) for property damage. Section 7 Safety Requirements. {a) The Grantee shall at all times employ ordinary care and shall install and maintain in use con,only accepted methods and devices for preventing fa{lures and accidents which are likely to cause damage, injuries, o~ nuigances to the public. (b) The Grantee shall i~stall and maintain its wires, cables, fix- tures, and other e~uipment in acco_~ance w£th the requirements of -2- the National Electric Safety Code, the State of Washington , and in such manner that they will not interfere with any installations of the C~ty. (c) All structures ~nd all lines; equipment and connec-t~ons in, over, under and upon the streets, sidewalks, alleys and public ways and places of the City, wherever s~tuated or located, shall at all t~mes'be kept and maintained. Section 8. Conditions on Street Use. (a) All 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 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 w~th ex~sting public utility installations. In areas where-all other utilities are underground, Grantee shall place his facilities underground as well. krnen property owners pay all or a portion of undergroundin§ costs, by the Local Inprovement District method or otherwise, Grantee shall be entitled to a pro-rated portiom. ,f such payment. (b) 'In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee sh-~ll, at its own expense, replace and restore all 9avlng, 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 ordinance the City sh~ll elect to a!t:~r, or change the grade or location of any street, alley or other public way, thc. Grantee shhll, upon reasonable notice by the City, remove and relocate ;ts poles, wires, cables, conduits,~nholes and other fixtures at its own expense, 8nd 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 , water hydrants or other utilities, and all such poles shall be 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 wire or fixtures .to permit the moving of buildings with the expense of such temporary ............... ~e~v.a.t__to~be~p~el in ~d%*ance---by---t-he~pe~,~equest{ng the s~me,-and ........ the Grantee shall be given not less than Forty-eight (48) hours advance notice to arrange for such temporary changes. -3- The Grantee sh~l have the authority overhar, ging the street, alley, side;';alks, or to trim any trees upon and i:.ub~c easements of the City so aS to prevent the branches of such trees from coming in contact with the wires and cables f~o the Grantee. -' (g) In so far as the Cit~ Street Department requires Permits and detailed plans of all underground Proj~cts, a copy of all as built underground Projects will be submitted to the City on ~-¥earlYoBasi~. Section 9. Erection, Removal and Joint Use of Pol'e~- (a) No poles, conduits, or other wire-holdir~g structures shall be erected-or installed by the Grantee without prior app~or_yal of the City Engineer with regard to location, height, type and other, pertinent aspecs. The location of any Pole, conduit, or wire-holdir~ structure of the Grantee shall not be a vested right and such poles, conduits or struc- ture shall be removed or modified by the Grantee at its own expense upon order of the City. {b) Where pole, conduits, or other wire-holding str~ctures 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. publid utility company may-be obtained by the Grantee and if the terms of the use available to the Grantee are just and reasonable. Section 10. Preferential or Discriminator[ Practices~ Prohibited The Grantee shall not, as to rates, charges, service, facilities, rules, regulations, 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 11. Duration of Franchise. This Franchise and the rights, privileges and 'authority hereby granted shall take effect and be in force . . 19~0, and shall continue in full from and after ~,~.~,~. ~ ~ force and effect for the term of Fifteen (1~) years. Section 12. Operation Standards. The CATV System shall be instglled and maintained in accordance with the highest and best standards of the Industry and the Federal Communications Cos~ission Regulations to the end that Subscribers shall receive the best service possible. Section 13. S_[stem Construction and F~tensions ......... (a) Grantee, whenever i_~ shal~-receive~request for s~rvice least Ten {10) subscribers within 1Z20 cable feet of its trunk cable, shall extend its system to such subscribers at no cost to the subscribers for the system extension other than the usual connection fees for all subscribers, provided thet such e~tension is technically and physically feasible. The 1~20 feet shall be measured in extension lenght of the cable require to service located within the public way or easement and not to include the length of the drop .w_i%_e to the Subscribers home. (b) No person in Grantee's service area shall be arbitrarily refused service, However, in recognition of the capital costs involved for usual circumstances such as requirement for underground c;-ble, or more than 150 feet of distance from distribution cable 'to connection of service to subscribers, or a density of less than Ten (10) subscribers per 1320 feet of cable system, as indicated in 13 (a) above, in order to prevent inequitable burdens on potentlal cable subscribers in more densely populated areas, service may be made available on the basis of cost of materials, labor and easements as an initial fee in addition to the usual and customary subscriber charges. Section 14. Unauthorized Use and Attachment. (a) Whoever, without the consent of the Grantee, willfully destroys, damages or in.any way injures any CATV system within the City, or its poles, cables, wires, fixtures, antennae, amplifiers or other apparatus, equip- ment or appliances, or who willfully obstructs, impedes or impairs the service of any system therein, or any of its line, or the transmission of television and radio signals r',ereover; or whoever, without such consent, attaches within City any device or equipment to such system, or any llne, antenna, poles cable wire, fixture, amplifier or other apparatus, instrument, equipment or appliance thereof; or who taps or connects directly or indir- ectly, by wire or any other means whatsoew ~, to or with any system line so as to see, or hear,or be in a position to see or hear, for any use or purpose whatsoever, any signal going over said system line, or who makes said tapping or connection for the purpose of receiving or enabling any other person to receive any service over said line or .lines; or whoever uses or attempts to use, in any manner or for any purpose, any information so obtained, or communicates the same in any way or for any purpose, or attempts to so conununlcate the same; or whoever aids, agrees with, employs, or conspires with, any person t6 do or cause to be done any of the acts hereinbefore set forth; shall be guilty of a misdemeanor, and upon con- viction shall be fined in a sum not exceeding Three Hundred Dollars ($300.00), and each .day that such violation exists shall constitute a separate offence. (b) In all prosecutions of this section of this ordinance,, proof that a'ny of the acts herein forbidden were done on or about the premises owned or occupied by the defendant charged with the con~ission for such offense, or that the defendant unlawfully received the benefit of the transmission of television signals from system on account of the con~ission of such acts, shall be prima facie evidence of the guilt of .the defendants. Section 15. Miscellaneous Provisions (a) In the event a customer fails to pay his monthly service charge to Gr.~mtee by the tenth 'of 'the month in which said charge is due, Grantee is authorized to disconnect the installation or charge a collection fee -5- of Five Dollars ($5.00) or both. Any customer disconnected for nonpayment shall be required ~to pay a full installation fee, in addition to all back charges and collection fee, in order to have the service reconnected. (b) 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 78.31 of the Federal Communications Commission Rules and Regulations which must be incorporated into this Franchise the City or Grantee agree that such further action shall be accom- plished within One (1) year of the adoption of the modification, or at the time of the next franchise renewal, whichever occurs first. (c)~ The City retains the right of rate review, and may nulify any X'~¢~f~' portion of increase beyond a reasonable amount (if the grantee increases its rates, and the City believes that the increase is unreasonable, it may at its option, (within 30 days) notify Grantee to appear before the City Council to justify increase and require a public hearing if deemed necessary) (d) Operation and Maintenance of the System. The Grantee shall 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. (e) Emergency Use of Facilities. In the case of any emergency or disaster, the Grantee shall, upon request of the City Council, make available its facilties to the City for emergency use during an emergency or disaster period. Section 16. Franchise Fee. In consideration of the rights and pri- vileges granted herein, Grantee agrees to pay a Franchise fee of 1 percent (1%) of Gross Subscriber Revenues, such fee to. be payable within 90 days after completion of Grantee's fiscal year for Gross Subscriber Revenues received within said fiscal year. (a) Five years from the date hereof, the Franchise fee shall increase to Two Percent (2%), and Ten years from the date hereof, the Franchise fee shall increase to Three Percent (3%); provided, however, that in the event Grantee's rate of return on investment is not adequate, upon proper showing of this inadequacy by Grantee, the City may wave either or both of these fee increases. Section 17. 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 granted herein. Section 18. Separability. If any section, subsection, sentence, clause, phrase or portion of this~-O~d'fh-a-r~I~tfo~ any reaso~--~e~i-d~v~~--~ ..... or unconstitutional 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. -6- Section 19. This ordinance shall take effect and be in force from and after its passage, approval and p~blication. PASSED AND ADOPTED by the City Council and approved by the Mayor of the City of Port Townsend, Washington this 16th day of December , 1980. City Clerk Accepted, Summit Communications, Inc. President