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HomeMy WebLinkAboutCAG1978-001 - Original - City of Seattle - CATV Franchise Assistance Agreement - 01/01/1978 Betty L. McFarlane. Executive Secretary t Charles Royer. Mayor Re : Enclosed Contract June 16 , 1978 Mr. Mike Webby City Administrator' s Office P . 0. Box 310 Kent, Washington 98031 Dear Mike : Enclosed is a copy of the CATV Contract for Services between the City of Seattle' s Board of Public Works Office of Cable Communications and the City of Kent, forwarded for your files . Please note that a copy of the enclosed has been for- warded to the Secretary of State in Olympia, Washington. Sincerely, BOARD OF PUBLIC W RKS Office of able C mmunications i (J . W. Hurd . Cable Communications Coordinator JWH: lc Enclosure cc : Mayor Isabel Hogan, City of Kent Hon. Bruce Chapman, Secretary of State Board of public Works Department,303 Municipal Ruildinq, geAttle,Washington 9R104, (206)625-22G6 Board of Pohlic Works Panl A W,atrek P E Charrman.City Engineer, Walter Ft. Handley, ,apt of Parks and Recreat ion. Kenneth M I_owthwn. Supt of Water,Gordon Vickery Supt of Lightinq. Allird Petty.Supt of Buildings CATV CONTRACT FOR SERVICES day of made as of this „'/ -! fl THIS CONTRACT is ..�---- between the City of Kent, a municipal corporation of the State of Washington (hereinafter referred to as Kent, and the City of Seattle , a municipal corporation of the State of Washington (hereinafter referred to as (Seattle") , WHEREAS, Kent and Seattle each have the authority and power to grant franchises to CATV (Community Antenna Television) to use public right-of-way; and WHEREAS , Seattle' s Board of Public Works ' Office of Cable Communications has been established to administer and regulate CATV franchises , in accordance with the rules and regulations of the Federal Communications Commission and other federal, state and local requirements ; and WHEREAS, Kent wishes to contract with Seattle to provide certain services listed in Section 1 below, while retaining its authority to make policy and franchise-regulating decisions; and WHEREAS , the Contract for Services will be economically beneficial to both Kent and Seattle; NOW, THEREFORE, in consideration of the mutual benefits to be derived and in consideration of payments , covenants , and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties hereby covenant and agree as follows : I. SCOPE OF SERVICES Seattle through its Board of Public Works ' Office of Cable Communications shall be designated as the agent for Kent for the following purposes : A. FCC Regulations : Evaluate all the rules and regula- tions of the FCC as they pertain to the regulatory responsibilities of Kent. Report upon request by the City to the Administrator and the Kent City Council in this regard. (See Sec. IV) Insure adherence to the rules and regulations of the FCC and any other applicable rules or laws. B. Consumer Protection/Complaints : In the case of those public inquiries and consumer complaints referred by the City, assume responsibility for reviewing and responding to such public inquiries regarding CATV services and resolve consumer complaints regarding CATV services by conciliation where possible. I. C. Rates and Charges : Receive the written approval of Kent to conduct appropriate hearings and/or audits for approval of increases in subscriber's rates and charges. (See Section V (C) . ) D. Franchise and Ordinance Revisions : Assist Kent in an advisory capacity and make recommendations and suggestions for the rewriting of Kent franchises and ordinances in compliance with the FCC rules and regulations and any other applicable laws . E. Franchise Applications : Process the applications for the granting and amendment of CATV franchises on such forms as are approved by the City of Kent, and forward said forms together with any pertinent information and recommendations to .the City Administrator and the Clerk of the Kent City Council for action and decision. F. Documents : Assume responsibility for the development and-maintenance of up-to-date systems status maps showing locations of permitted construction activity and projections for future construction. Maintain records of subscriber's charges , channel allocations , performance tests , citizens ' complaints and their resolutions, and franchise records. The Office of Cable Communications shall further maintain copies of all CATV franchises issued by Kent and copies of such right-of-way construction permits issued pursuant to those franchises. G. Reports and Evaluations : Furnish Kent with information, recommendations and technical advice regarding CATV. Submit an annual status and progress report to the Kent City Council concerning the CATV industry (See Section IV) ; technically assist where necessary. H. Cable Districts: Suggest franchise areas and monitor the importation of distant signals . Define and monitor construction schedules for each district and franchise area. I. Access Channel: Explore, coordinate and promote the development of the dedicated channels for specialized or nonspecialized purposes . J. Collection of Franchise Fee: Under the advisement of Kent Finance Director who shall be responsible for collection of franchise fees , monitor the collection of franchise fees and report to Kent if an account becomes delinquent. I. K. Public Information: Provide information about CATV programs and channel allocations to the general public. L. Government Buildings : Assist in the planning and designation of city owned and controlled government buildings for future installation of CATV systems dedicated to government use . M. Bonds and Insurance : Evaluate all bonds and insurance policies and advise Kent whether the bonds and insurance are current and of sufficient amounts to protect Kent and its citizens. N. Undergrounding of Utilities : Consult on and assist with coordination of all undergrounding of CATV systems with the proper Kent authority. O. Ownership Changes : Inform Kent as to when any change in ownership or control of a CATV system takes place. P. Newsletter: Establish communication between Kent and the CATV companies through the use of a periodic newsletter. Q. Perform any other duties that may be required by Kent from time to time. II. DURATION, RENEWAL AND TERMINATION A. Duration: The term of this Contract shall begin on January 1, 1978 , and shall expire December 31, 1978. B. Renewal: Following the expiration of the original time, the Contract may be renewed upon such terms as are mutually agreed upon by the written approval of both parties not later than October 31, of the year preceding the next contract term. C. Termination: The Contract may be terminated upon written mutual agreement of both parties at any time. If, at any time during the term of the contract, Kent shall send a written notice to Seattle which specifies any non-conformity or non-compliance and requests that such non-conformity or non-compliance be rectified, Seattle shall within 30 days after receipt of such written notice by Kent rectify its actions so as to comply with the terms of the Contract. If following such a 30 day period, Seattle has not, in the opinion of Kent rectified any non-conformity or non- compliance, Kent may terminate the Contract by giving Seattle 30 day written notice of its intent to terminate. At the expiration of said 30 days , contract shall be terminated without further obligation on the part of either party. Kent shall be responsible for paying its obligations under the Contract through the date of termination. III. RECORDS Seattle shall keep and maintain copies of all records pertaining to the administration of this Contract. All expenses shall be supported by properly recorded payrolls , time records , invoices , contracts, vouchers, or other official documentation evidencing in proper detail the nature and propriety of each expense. Such records shall be in the form suitable to the Kent Finance Director. IV. ANNUAL REPORT Seattle shall submit to the Kent Finance Director and the Kent City Council a status and progress report by December 31, of each calendar year. Included in this report shall be the FCC update and CATV industry as required in I-A and I-G. Seattle shall also submit an invoice executed in accordance with the attached form Exhibits 1 , 2 and 3 and accompanied by the annual report. V. COMPENSATION AND METHOD OF PAYMENT Kent shall pay Seattle, for the services as specified in Section 1 as follows : A. Kent recognizes that there will be extraordinary first- year expenses in establishing the system for providing the services required, and therefore will pay Kent ' s share of the reasonable operating expenses of Seattle 's Office of Cable Communications , including: Personnel services , office support, supplies, travel and communications; and performance tests; provided, that Kent will not pay more than $1,000 for the calendar year of 1978. Not included in the above expenses are those activities that relate to paragraph V (C) . B. For succeeding calendar years, Kent shall annually pay a fee of one dollar per subscriber or $500 whichever is the greater amount. C. Kent will pay its proportionate share of the costs for the use of auditors and hearing examiners, if such service is deemed necessary by Kent upon the advice of Seattle. The proportionate share shall bear the same ration as the ratio of respective franchise fees received by Seattle and from each franchise in question. D. Kent will initiate authorization for payment to Seattle for services rendered not later than fifteen working days after the close of each calendar quarter. VI. TITLE TO PROPERTY Kent is contributing nothing to capital equipment outlay, and all office equipment purchased by Seattle shall remain the sole property of Seattle. Kent shall retain title to any and all correspondence, files , records , reports , operational charts , documents, etc. , pertaining to Kent 's CATV franchise and regulations. VII. MUTUAL COVENANT In further consideration of the services to be performed by Seattle for Kent under this agreement, Seattle and Kent agree that each will not institute any suit * or action at law or otherwise against the other nor institute, prosecute or in any uay aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs , loss of service, expenses or compensation for or an account of any damage, loss , injury either to person or property, or both, resulting from or which may result .from any activities undertaken by Seattle or Kent pursuant to or connected with this agreement. VIM. SEATTLE EMPLOYEES All persons working for the Seattle Office of Cable Communications shall remain solely the employees of Seattle and Kent shall have no liability whatsoever for employees benefits , claims , or employment taxes , as a result of entering into this Contract for Services. IV. AMENDMENT AND INTEGRATION This writing constitutes the entire Contract between the parties, and shall only be changed or modified in . writing agreed to and signed by both parties. X. NOTICE Any notice or reports to be given by either party hereto, to the other under the provisions of or with respect to this contract shall be in writing, delivered in person or be certified or Registered Mail to the following addresses : Kent - City of Kent P.O. Box 310 Kent, WA 98031 Seattle - City of Seattle Board of Public Works c/o Office of Cable Communications Seattle Municipal Building Seattle, Washington 98104 XI. Copies of this Agreement shall be filed with the Seattle City Clerk, the Kent City Clerk and the Secretary of State. XII. That any act pursuant to the authority and prior to the effective date of this agreement is hereby ratified and confirmed. SIGNED THIS day of ' /_�i r _ 1 1978. i CITY OF KENT C aOF LE 41�4 Isabel K. Hogan, Mayor Charles Royer, Mayor -D CITY OF KF-INT Before the AUG 3 1^ 1 Federal Communications Commission Washington, D. C.20554 001895 In re: ) American Video Corporation ) CSR-1134 Telesystems of Conn. , Inc. ) CSR-1181 Consolidated Broadcasting Co. ) CSR-1311 Joseph S. Gans, dba Cable TV ) CSR-1315 Company > Telcom General, Inc. ) CSR-1377 Eastern Shore Cable TV, Inc. ) CSR-1381 United Cable TV Corp. ) CSR-1390 Martin County Cable Co. , Inc. ) CSR-1391 Sterling Manhattan Cable TV, Inc.) CSR-1396 Television Cable Service, Inc. ) CSR-1402 Cablevision Systems Long Island ) CSR-1403 Corp. ) Chattanooga Cable TV Co. ) CSR-1406 Anderson Cablevision Associates ) CSR-1410 Telecable of Greenville, Inc. ) CSR-1411 Howard Cable Television Assoc. , ) CSR-1414 Inc. ) UA-Columbia Cablevision of ) CSR-1415 Westchester, Inc. ) Raritan Valley Cablevision Co. ) CSR-1417 Micro-Cable Communications Corp. ) CSR-1418 Warner Cable Corp. ) CSR-1420 Rensselaer County Cablevision ) CSR-1421 Corp. ) Warner Cable Corp. ) CSR-1422 Robert F. McGinley, Sr. - ) CSR-1425 Telecable Associates, Inc. ) CSR-1426 Warner Cable Corp. ) CSR-1427 Cablecom-General, Inc. ) CSR-1428 Cablecom-General, Inc. ) CSR-1429 Warner Cable Corp. ) CSR-1435 Cablecom-General ) CSR-1439 Northwest Georgia Cablevision ) CSR-1445 Battlefield Cablevision ) CSR-1447 Tri-Cities Broadcasting Co. ) CSR-1448 Rockport Cable TV ) CSR-1452 Ultracom of Haverford, Inc. ) CSR-1462 Cable Communications System, Inc.) CSR-1468 Cox Cable of Norfolk, Inc. ) CSR-1469 Cape Girardeau Cable TV ) CSR-1474 -2- Community Cablevision of ) CSR-1475 Odessa, Inc. ) , Four Flags Cable TV Co. ) CSR-1478 Midwest Video Corp. ) CSR-1480 Hampton Roads Cablevision ) CSR-1481 Co. , Inc. ) Service Electric Cable TV, Inc. ) CSR-1482 Quint-Cities Cablevision Corp. ) CSR-1483 Buckeye Cablevision, Inc. ) CSR-1484 Putnam All Channel Cable ) CSR-1485 Vision, Inc. ) American TV and Comm. Corp. ) CSR-1487 Cedar Rapids Cable Communications) CSR-1488 Inc. ) Roanoke Valley Cablevision, Inc. ) CSR-1489 Cox Cable TV of Spokane, Inc. ) CSR-1490 T.V. Selection System, Inc. ) CSR-1493 Mickelson Media, Inc. ) CSR-1494 Owensboro on the Air, Inc. ) CSR-1495 Armstrong Utilities, Inc. ) CSR-1498 Cablevision of Augusta, Inc. ) CSR-1500 People's Cable Company ) CSR-1501 COMTEC, Inc. ) CSR-1502 National Cable Company ) CSR-1504 Wentronics, Inc. ) CSR-1506 Teleprompter Corporation ) CSR-1507 Idaho Video, Inc. ) CSR-1508 North County Cable Corp. ) CSR-1510 Cox. Cablevision Corporation ) CSR-1513 San Juan Cable TV, Inc. ) CSR-1519 Telecable of Kokomo ) CSR-1520 People's Cable Company ) CSR-1522 Tri-Cities Broadcasting Co. ) CSR-1524 Sheyenne Cable T.V. , Inc. ) CSR-1525 Rapids Cable TV, Inc. ) CSR-1532 Teleprompter Corp. ) CSR-1533 Continental Cablevision of ) CSR-1534 Michigan, Inc. ) Joseph S. Gans dba North- ) CSR-1536 east Cable TV ) McCook Multi-Vue-TV Systems, Inc.) CSR-1539 Shen-Heights TV Associates, Inc. ) CSR-1540 Video Cable Co. dba Princeton ) CSR-1541 Telecable ) Gulf Coast Cable TV ) CSR-1545 Jackson Cable TV ) CSR-1547 Vision Cable Television Co. ) CSR-1548 t 3r. t Rapids Cable TV, Inc. ) CSR-1549 Gerity Broadcasting Co. ) CSR-1551 Teleprompter Southeast, Inc. ) CSR-1552 United Cable TV Corp. ) CSR-1553 Tower Cable, Inc. ) CSR-1554 Teleprompter Southeast , Inc. ) CSR-1558 Gloucester County CATV ) CSR-1561 Associates ) Community Cablevision, Inc. ) CSR-1562 Midwestern Cablevision Corp. ) CSR-1563 JRS Cable Television, Inc. ) CSR-1564 Gatesville Cable Vision, Inc. ) CSR-1565 Community Tele-Communications, ) CSR-1569 Inc. ) Oxford Valley Cablevision, Inc. ) CSR-1571 Comtec, Inc. ) CSR-1573 Teleprompter Corp. ) CSR-1575 American Cable TV, Inc. ) CSR-1576 Auburn Cablevision, Inc. ) CSR-1578 Cablecom-General, Inc. ) CSR-1581 Huntington TV Cable Corp. ) CSR-1583 American Cablevision of ) CSR-1584 Monroeville, Inc. ) Bayou Cable TV, Inc. ) CSR-1587 Tri-Cities Broadcasting Company ) CSR-1592 Sandlando Cablevision, Inc. ) CSR-1593 Shore Television Company, Inc. ) CSR-1595 Cablevision of Chicago ) CSR-1598 Micro-Cable Communications ) CSR-1599 Greater New England Cablevision ) CSR-1602 Fresno Cable TV, Ltd. ) CSR-1603 Carthage Cablevision, Inc. ) CSR-1604 Irvine Community Television, Inc.) CSR-1607 Ausable Communications, Inc. ) CSR-1609 Quincy Cablevision, Inc. ) CSR-1610 Quincy Cablevision, Inc. ) CSR-1612 Gill Industries ) CSR-1614 Raritan Valley Cablevision Co. ) CSR-1615 Palm Cable , Inc. ) CSR-1616 Range Television Cable Co. , Inc. ) CSR-1618 Rollins Cablevue, Inc. ) CSR-1619 Bay Cable TV Associates ) CSR-1620 Colby Cable Corp. ) CSR-1622 United Video Cablevision, Inc. ) CSR-1623 Alexandria Cablevision Company ) CSR-1624 Valley TV Cable Co. , Inc. ) CSR-1625 Tele-Ception of Winchester, Inc. ) CSR-1627 American TV and Comm. Corp. ) CSR-1628 Capital Cable Co. , Inc. ) CSR-1633 Cablesystems of Carrollton, Inc. ) CSR-1639 Connecticut River Cable TV Co. ) CSR-1640 -4- Cable Associates, Inc. ) CSR-1641 National Telecommunications ) CSR-1643 Services ) Kansas State Network, Inc. ) CSR-1644 Kansas State Network, Inc. ) CSR-1645 Coaxial Cable T.V. Corp. ) CSR-1648 New Milford Cablevision Company ) CSR-1649 Rollins Cablevue, Inc. ) CSR-1650 Teleprompter Corporation ) CSR-1652 Teleprompter Southeast, Inc. ) CSR-1653 Summit Communications , Inc. ) CSR-1654 Platte County Comm. Co. ) CSR-1657 Platte County Comm. Co. ) CSR-1658 _ Clay County Comm. Co. ) CSR-1659 Platte County Comm. Co. ) CSR-1660 Teleprompter Corporation ) CSR-1661 Liberty TV Cable Co. ) CSR-1664 New Braunfels Cable Comm. , Inc. ) CSR-1666 Centex Cablevision Corporation ) CSR-1667 T.V. Transmission, Inc. dba ) CSR-1669 Cablevision ) Harron Communications Corp. ) CSR-1670 Nor Cal Cablevision, Inc. ) CSR-1675 Seguin Cable Communications, Inc.) CSR-1691 Liberty TV Cable, Inc. ) CSR-1684 Teleprompter of St. Bernard, Inc.) CSR-1685 Teleprompter of Middletown, Inc. ) CSR-1686 Teleprompter Southeast, Inc. ) CSR-1687 Service Electric Cable TV, Inc. ) CSR-1689 Cablevision, Inc. ) CSR-1691 Teleprompter Southeast, Inc. ) CSR-1695 Greater Easthampton Cablevision, ) CSR-1697 Inc. ) TV Cable of Alabama, Inc. ) CSR-1699 Platte County Communications ) CSR-1701 Company ) Telerama, Inc. ) CSR-1704 Hurst Cable Comm. Corp. ) CSR-1718 CPI of Arkansas, Inc. ) CSR-1719 State TV Cable ) CSR-1720 Murfreesboro Cable Television ) CSR-1724 Co. ) Warner Cable Corp. of Pitts- ) CSR-1726 burgh ) Green Country Cable Systems, Inc. ) CSR-1727 Continental Cablevision of ) CSR-1729 Northampton, Inc. ) Continental Cablevision of New ) CSR-1730 Hampshire, Inc. ) Hawaiian Cable Vision Company ) CSR-1732 -5- CSR-1733 Teleprompter Southeast, Inc. ) CSR-1735 Central Washington Cable j Systems, Inc. CSR-1739 Continental Cablevision of ) Massachusetts, Inc. ) CSR-1740 Continental Cablevision of j Massachusetts, Inc. CSR-1741 Texas Cablevision, Inc. ) CSR-1743 Hillcrest Cablevision Company CSR-1747 Sequoia Cablevision CSR-1748 Auburn Cablevision, Inc. CSR-1750 Cablecom-General of Kirksville, ) Inc. CSR-1751 Coaxial Communications of the j Suncoast, Inc- Teleprompter CSR-17 Teleprompter of Tuscaloosa, Inc. ) CSR-1766 Sun Cablevision of the South, j 70 Ltd. 1 CSR-178 1 Cable Television, Inc. CSR-17 Clear Picture, Inc. CSR-179 Gerald R. Proctor dba Ft. Sill j Cable TV CSR-1806 Kaiser-Teleprompter of Hawaii j Inc.Miami County Communications, Inc.) 21 CSR-18CSR-1821 Continental Cablevision of ) 30 Massachusetts, Inc. CSR-1835 Storer Cable Communications, Inc.) CSR-1865 Mid-American Cable Systems of j Olathe ) CSR-1866 Longview Cable Television Co. , Inc. CSR-1871 Bossier City Cable Television, ) Inc. CSR-1872 Catawba Valley Communications, j Inc. CSR-1874 Storer Cable Communications j _ of Maryland, Inc. CSR-1879 West Boca Cablevision, Inc. CSR-1882 Pueblo TV Power, Inc. ) CSR-1883 Ft. Hood Cable TV, Inc. Live Line, Inc. CSR-1890CSR-1891 Teleprompter Corporation )Erie Telecommunications, Inc. ) CSR-1894 CSR-189 Cablecom-General, Inc. )Cab lecom-General, Inc. T ) CSR-1CSR-1897897 Cablevision of Pennsylvania, Inc.) 900 Teleprompter Corporation db a ) CSR-1902 American Cablevision Co. ) CSR-1912 Big Valley Cablevision, Inc. ) CSR-1928 Capital Cable Co. , Inc. ) -6- Continental Cablevision of ) CSR-1932 Massachusetts ) Apple Valley Broadcasting, Inc. ) CSR-1936 Multiview Cable Company, Inc. ) CSR-1955 Hawkeye Cablevision, Inc. ) CAC-06540 Hawkeye Cablevision, Inc. ) CAC-06541 Hawkeye Cablevision, Inc. ) CAC-06542 Hawkeye Cablevision, Inc. ) CAC-06543 Hawkeye Cablevision, Inc. ) CAC-06544 Hawkeye Cablevision, Inc. ) CAC-06545 People's Cable Corp. ) CAC-08269 Crystal Cablevision ) CAC-09233 Crystal Cablevision ) CAC-09234 Northwest Cablevision ) CAC-09235 Northwest Cablevision ) CAC-09236 Newchannels ) CAC-09377 Newchannels ) CAC-09378 Newchannels ) CAC-09379 Newchannels ) CAC-09380 Newchannels ) CAC-09381 Newchannels ) CAC-09382 Newchannels ) CAC-09383 Cable Systems Incorporated ) CAC-09458 Cable Systems Incorporated ) CAC-09459 Cable Systems Incorporated _ ) CAC-09460 Cable Systems Incorporated ) CAC-09461 Cable Systems Incorporated ) CAC-09462 Cable Systems Incorporated ) CAC-09463 Telesystems- of Conn. , Inc. ) CAC-09806 Community Cable TV ) CAC-11991 Community Cable TV ) CAC-11992 Community Cable TV ) CAC-11993 Tar River Cable TV ) CAC-12581 Teleprompter Corp. ) CAC-12628 TV Cable of Be llefontaine ) CAC-13422 People's Cable Corp. ) CAC-13562 rahlevision Systems , Inc . ) CSR-1960 Sitka Alaska Television , ) CSR-1961 Inc. ) Booth American Company dba ) CSR-1962 Cadillac Cable TV ) Requests for Special Relief ORDER Adopted: June 30, 1981 Released: July 2, 1981 By the Acting Chief, Cable Television Bureau: -7- In the Re ort and Order in Docket Nos. 20988 and 21284, FCC 80-443, 79 FCC 2d 663 (1980) , the Commission deleted the cable television distant signal and syndicated program exclusivity rules. Several parties filed motions to stay the effective date of the rule changes pending completion of judicial review. The Commission Docketdenied these motions. Memorandum 0 inion and OrderinreviouslNoorde0red8 and 21284, FCC 80-611, 81 FCC 2d 395 (1980) , having p y that the rule changes become effective on November 14, 1980. This date was subsequently extended to November 28, 1980. Memorandum Opinion and Order in Docket Nos. 20988 and 21284, FCC 80-622, 82 FCC 2d 375 (1980) . 2. On November 20, 1980, the United States Court of Appeals for the Second Circuit entered an order staying the effectiveness of the rule changes. Malrite T.V. of New York Inc. v. Federal Communications Commission, No. 80-4120 (2d Cir. , November 20, 1980) (order granting stay) . The court of appeals affirmed the Commission's deletion of the distant signal and syndicated program exclusivity rules on June 16, 1981, Malrite T.V. of New York Inc. v. Federal Communications Commission, F. (2d Cir. 1981), and rescinded its stay in this proceeding on June 25, 1981. Consequently, the Order of this commission which deleted the signal carriage restriction and syndicated exclusivity rules is now in full force and effect. 3. The above-captioned petitions, currently pending before the Commission, all request waivers either of the former syndicated program exclusivity provisions or of the Commission's prior restrictions on cable carriage of distant broadcast signals. Since such requests are consistent with the above revisions of the Commission's Rules, these petitions have been rendered moot by the appellate court's decision in Malrite, supra. Accordingly, IT IS ORDERED, pursuant to Section 0.288(c) of the Commission's Rules, That the petitions for special relief captioned above ARE DISMISSED as moot. 1/ William H. JVsn, cting Chief Cable Televiau I/ In view of the dismissal of .these petitions, however, petitioners who now plan to add btoadcast Section�gnls 76a12 ofethegCommdission'seRulesstration statements, pursuant Seattle Board of Public Works Betty L. McFarlane, Executive Secretary Charles Royer, Mayor Re : Enclosed Contract June 16 , 1978 Mr. Mike Webby City Administrator' s Office P. 0. Box 310 Kent, Washington 98031 Dear Mike : Enclosed is a copy of the CATV Contract for Services between the City of Seattle's Board of Public Works Office of Cable Communications and the City of Kent, forwarded for your files . Please note that a copy of the enclosed has been for- warded to the Secretary of State in Olympia, Washington. Sincerely, BOARD OF PUBLIC W RKS ffice of able unications W. Hurd ' Cable Communications Coordinator JWH: lc Enclosure CC : Mayor Isabel Hogan, City of Kent Hon. Bruce Chapman, Secretary of State Board of Public Works Department,303 Municipal Building,Seattle,Washington 98104, (206)625-2266 Board of Public Works: Paul A.Wiatrak, P.E., Chairman,City Engineer;Walter R. Hundley, Supt.of Parks and Recreation; Kenneth M. Lowthian, Supt.of Water; Gordon Vickery,Supt.of Lighting;Alfred Petty, Supt.of Buildings. CATV CONTRACT FOR SERVICES THIS CONTRACT is made as of this day of -� ' between the City of Kent, a municipal corporation of the State of Washington (hereinafter referred to as Kent, and the City of Seattle , a municipal corporation of the State of Washington (hereinafter referred to as (Seattle") , WHEREAS, Kent and Seattle each have the authority and power to grant franchises to CATV (Community Antenna Television) to use public right-of-way; and WHEREAS, Seattle' s Board of Public Works ' Office of Cable Communications has been established to administer and regulate CATV franchises , in accordance with the rules and regulations of the Federal Communications Commission and other federal, state and local requirements; and WHEREAS, Kent wishes to contract with Seattle to provide certain services listed in Section 1 below, while retaining its authority to make policy and franchise-regulating decisions; and WHEREAS, the Contract for Services will be economically beneficial to both Kent and Seattle; NOW, THEREFORE, in consideration of the mutual benefits to be derived and in consideration of payments , covenants , and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties hereby covenant and agree as follows : I. SCOPE OF SERVICES Seattle through its Board of Public Works ' Office of Cable Communications shall be designated as the agent for Kent for the following purposes : A. FCC Regulations : Evaluate all the rules and regula- tions of the FCC as they pertain to the regulatory responsibilities of Kent. Report upon request by the City to the Administrator and the Kent City Council in this regard. (See Sec. IV) Insure adherence to the rules and regulations of the FCC and any other applicable rules or laws . B. Consumer Protection/Complaints : In the case of those public inquiries and consumer complaints referred by the City, assume responsibility for reviewing and responding to such public inquiries regarding CATV services and resolve consumer complaints regarding CATV services by conciliation where possible. I. C. Rates and Charges : Receive the written approval of Kent to conduct appropriate hearings and/or audits for approval of increases in subscriber's rates and charges. (See Section V (C) . ) D. Franchise and Ordinance Revisions : Assist Kent in an advisory capacity and make recommendations and suggestions for the rewriting of Kent franchises and ordinances in compliance with the FCC rules and regulations and any other applicable laws. E. Franchise Applications : Process the applications for the granting and amendment of CATV franchises on such forms as are approved by the City of Kent, and forward said forms together with any pertinent information and recommendations to the City Administrator and the Clerk of the Kent City Council for action and decision. F. Documents : Assume responsibility for the development and....maintenance of up-to-date systems status maps showing locations of permitted construction activity and projections for future construction. Maintain records of subscriber's charges , channel allocations , performance tests , citizens ' complaints and their resolutions, and franchise records. The Office of Cable Communications shall further maintain copies of all CATV franchises issued by Kent and copies of such right-of-way construction permits issued pursuant to those franchises. G. Reports and Evaluations : Furnish Kent with information, recommendations and technical advice regarding CAM Submit an annual status and progress report to the Kent City Council concerning the CATV industry (See Section IV) ; technically assist where necessary. H. Cable Districts : Suggest franchise areas and monitor the importation of distant signals . Define and monitor construction schedules for each district and franchise area. I. Access Channel: Explore, coordinate and promote the development of the dedicated channels for specialized or nonspecialized purposes. J. Collection of Franchise Fee: Under the advisement of Kent Finance Director who shall be responsible for collection of franchise fees , monitor the collection of franchise fees and report to Kent if an account becomes delinquent. I. K. Public Information: Provide information about CATV programs and channel allocations to the general public. L. Government Buildings : Assist in the planning and designation of city owned and controlled government buildings for future installation of CATV systems dedicated to government use. M. Bonds and Insurance : Evaluate all bonds and insurance policies and advise Kent whether the bonds and insurance are current and of sufficient amounts to protect Kent and its citizens. N. Undergrounding of Utilities : Consult on and assist with coordination of all undergrounding of CATV systems with the proper Kent authority. O. Ownership Changes : Inform Kent as to when any change in ownership or control of a CATV system takes place. P. Newsletter: Establish communication between Kent and the CATV companies through the use of a periodic newsletter. Q. Perform any other duties that may be required by Kent from time to time. II. DURATION, RENEWAL AND TERMINATION A. Duration : The term of this 'Contract shall begin on January 1, 1978 , and shall expire December 31, 1978. B. Renewal: Following the expiration of the original time, the Contract may be renewed upon such terms as are mutually agreed upon by the written approval of both parties not later than October 31, of the year preceding the next contract term. C. Termination: The Contract may be terminated upon written mutual agreement of both parties at any time. If, at any time during the term of the contract, Kent shall send a written notice to Seattle which specifies any non-conformity or non-compliance and requests that such non-conformity or non-compliance be rectified, Seattle shall within 30 days after receipt of such written notice by Kent rectify its actions so as to comply with the terms of the Contract. If following such a 30 day period, Seattle has not, in the opinion of Kent rectified any non-conformity or non- compliance, Kent may terminate the Contract by giving Seattle 30 day written notice of its intent to terminate. At the expiration of said 30 days , contract shall be terminated without further obligation on the part of either party. Kent shall be responsible for paying its obligations under the Contract through the date of termination. III. RECORDS Seattle shall keep and maintain copies of all records pertaining to the administration of this Contract. All expenses shall be supported by properly recorded payrolls , time records , invoices , contracts , vouchers, or other official documentation evidencing in proper detail the nature and propriety of each expense. Such records shall be in the form suitable to the Kent Finance Director. IV. ANNUAL REPORT Seattle shall submit to the Kent Finance Director and the Kent City Council a status and progress report by December 31, of each calendar year. Included in this report shall be the FCC update and CATV industry as required in I-A and I-G. Seattle shall also submit an invoice executed in accordance with the attached form Exhibits 1, 2 and 3 and accompanied by the annual report. V. COMPENSATION AND METHOD OF PAYMENT Kent shall pay Seattle, for the services as specified in Section 1 as follows : A. Kent recognizes that there will be extraordinary first- year expenses in establishing the system for providing the services required, and therefore will pay Kent' s share of the reasonable operating expenses of Seattle 's Office of Cable Communications , including: Personnel services , office support, supplies, travel and communications; and performance tests; provided, that Kent will not pay more than $1,000 for the calendar year of 1978. Not included in the above expenses are those activities that relate to paragraph V (C) . B. For succeeding calendar years, Kent shall annually pay a fee of one dollar per subscriber or $500 whichever is the greater amount. C. Kent will pay its proportionate share of the costs for the use of auditors and hearing examiners , if such service is deemed necessary by Kent upon the advice of Seattle. The proportionate share shall bear the same ration as the ratio of respective franchise fees received by Seattle and from each franchise in question. D. Kent will initiate authorization for payment to Seattle for services rendered not later than fifteen working days after the close of each calendar quarter. VI . TITLE TO PROPERTY Kent is contributing nothing to capital equipment outlay, and all office equipment purchased by Seattle shall remain the sole property of Seattle. Kent shall retain title to any and all correspondence, files , records, reports , operational charts , documents, etc. , pertaining to Kent 's CATV franchise and regulations. VII. MUTUAL COVENANT In further consideration of the services to be performed by Seattle for Kent under this agreement, Seattle and Kent agree that each will not institute any suit ' or action at law or otherwise against the other nor institute , prosecute or in any uay aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs , loss of service, expenses or compensation for or an account of any damage, loss , injury either to person or property, or both, resulting from or which may result .from any activities undertaken by Seattle or Kent pursuant to or connected with this agreement. VIII. SEATTLE EMPLOYEES All persons working for the Seattle Office of Cable Communications shall remain solely the employees of Seattle and Kent shall have no liability whatsoever for employees benefits, claims, or employment taxes , as a result of entering into this Contract for Services. IV. AMENDMENT AND INTEGRATION This writing constitutes the entire Contract between the parties, and shall only be changed or modified in writing agreed to and signed by both parties. X. NOTICE Any notice or reports to be given by either party hereto, to the other under the provisions of or with respect to this contract shall be in writing, delivered in person or be certified or Registered Mail to the following addresses : Kent - City of Kent P.O. Box 310 Kent, WA 98031 Seattle - City of Seattle Board of Public Works c/o Office of Cable Communications Seattle Municipal Building Seattle, Washington 98104 XI. Copies of this Agreement shall be filed with the Seattle City Clerk, the Kent City Clerk and the Secretary of State . XII. That any act pursuant to the authority and prior to the effective date of this agreement is hereby ratified and confirmed. SIGNED THIS day of %�� _ : %F 1978. i CITY OF KE / C OF AT LE BY -�%,/� �---- g A. Isabel K. Hogan, Mayor Charles Royer, Mayor TWruvry 6 , OR,`, �Oavmabla Charles Rayar Way Mayor Myer. Wclamd are two coplao of nho O.A.T.V. contract Wkwom the cities of Seattle and xenO Pinam sign and return one copy to Ycnt for racorW. vory truly yours, =F7TK SWAY;, WyMninistratar cc, City Clerk