HomeMy WebLinkAbout1736h I
I ORDINANCE NO.
11 I
AN ORDINANCE of the City of Kent, Wash-
ington, granting to Clearview T.V. of Enum-
claw, Inc., a franchise to construct, operate
and maintain a community antenna television
system for television signal distribution
j within the City limits of the City of Kent,
Washington for a period of twelve (12) years.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
ORDAIN AS FOLLOWS:
i
Section 1. The City of Kent, hereinafter referred to as
;'!the "City", hereby grants to Clearview T. V. of Enumclaw, Inc., a
(corporation organized under the Laws of the State of Washington,
(land having its principal place of business in the City of Enumclaw,,
{ Washington, County of King, State of Washington, hereinafter re-
ferred to as the "Grantee", under the conditions and limitations
herein prescribed, the right, privilege and authority, and fran-
chise to install, lay down, maintain, and operate underground pipes!-
and conduits with the necessary manholes and other appliances there
;for and to erect, to the extent permitted under Kent Ordinance No.
;11695 (Underground Wiring Ordinance), standard utility poles with
]or without crossarms, stretch wires and cables and antennas or
other appurtenances thereof, in, over, upon and under the streets,
alleys and public highways of the City of Kent, Washington, and to
lmaintain and use the same for the purpose of operating a coaxial
I
cable subscription system for community antenna television signal
I distribution to subscribers' homes and to such business and other
establishments, apartments, hotels and other premises as may also
ldesire such service, hereinafter called "CATV", and for no other
;;uses or purposes whatsoever.
Section 2. The construction of new facilities or the
extension of existing facilities within Grantee's service area
-1-
j
;shall be done only in accordance with a plan or design first sub -
emitted to and approved by the City Engineer and pursuant to a per -
,mit issued by said Engineer authorizing such construction of new
i'
'facilities or extension of existing facilities within all or a
portion of such service area. All poles, cables, wires, antennas
i
;or conduits or appurtenances shall be constructed and erected in
is neat, workmanlike manner and shall be of such height and occupy
jsuch position as the City Engineer shall direct. Whenever it is
;practicable to make use of poles already in said streets, Grantee
j
shall make use of such poles; provided, that in any district in
the City which has telephone, telegraph and electric power wires
and cables laid underground, Grantee shall not be permitted to
erect poles and run or suspend wires, cables, or other conductors
!',thereon, but shall lay such wires, cables or conductors in under -
!''ground pipes or conduits; and if prior to the passage of any such
,!ordinance designating any such district in said City, Grantee shall
',have erected poles in such districts and suspended wires, cables,
�l!and other conductors thereon, Grantee shall, upon the passage of
Isuch ordinance and within such period of time thereafter as may be
iidesignated in such ordinance, at its own cost and expense, remove
;lits poles, cables, and wires from the surface of the streets within
jsuch district, and shall place the same in underground pipes or
,'conduits in conformity with the requirements of the City Engineer
and shall not thereafter erect or maintain any poles whatever I
jjtherein. Where telephone and lighting utilities are compensated
by property owners for part or all of the cost of relocating faci-
lities underground by the local improvement district method or
otherwise, Grantee shall be entitled to receive a comparable por-
i
'!tion of its undergrounding cost, that is, the same consideration
,as a utility, as a condition tb relocating its facilities under-
jground.
Section 3. Nothing in this ordinance shall be construed
to prevent the City from sewering, paving, grading, altering, or
otherwise improving or re -improving any of the streets of .the City
including the installation of City owned utilities; and the City
shall not be liable for any damage resulting to the Grantee by
reason of the performance of such work or by exercise of such
-2-
rights of the City. This ordinance shall not be so construed as
Ito deprive the City of any rights or privileges which it now has
!,or which may hereafter be conferred upon it, to regulate and con-
i
iltroll the use of streets. Whenever and to whatever extent any
street shall be improved or the grade thereof changed, modified,
,iraised or lowered, or the size, position, or location of any City -
owned public utilities changed, modified or altered, and of the in
i,
belonging to the Grantee which may be affected by or
shall conflict with any such changes, alterations, or modification,
shall be promptly adjusted, removed, altered, raised, lowered, or
Iiotherwise modified to conform to the improvements or changes made,
''by and at the cost and expense of Grantee and in conformity with
lithe requirements of the City Engineer. The City shall at all timeE
'have the right to make free use of any or all of the poles of said
,Grantee for wires, cables and conductors to carry any City -owned
i
systems or facilities requiring such use.
Section 4. Whenever it shall be necessary to the erec-
tion of poles or in the construction of underground pipes or con-
duits, to excavate in any, portion of any street, the Grantee shall
(file with the City Engineer a petition therefor together with
plans, designs and drawings on a reasonable scale, setting forth
�the streets to be disturbed and obtain a permit from and approval
of the City Engineer for so doing before beginning such work.
After any poles are erected, or such pipes or conduits constructed,
(Grantee shall promptly replace any portion of the street disturbed
liby such work, in a neat and workmanlike manner to its original con-
dition and as required and approved by the City Engineer.
At all times during the period of this grant, the Grantee
(shall keep on deposit in the City Treasury to the credit of the
City Engineering Department, the sum of ONE THOUSAND (1,000.00)
DOLLARS in cash to be used by said City Engineering Department for
i!the purpose of restoring streets in the manner prescribed by said
,City Engineer, to pay the reasonable cost of any city inspection
'necessitated by Grantee's actions pursuant to this franchise and
pay the cost of raising or removing of any wires, cables, or
,,conductors as provided in Section 9 hereof.
-3-
Section 5. Construction, maintenance and operation of
Grantee's CATV system, including house connections, shall be in
accordance with the provisions of this franchise and in accordance
with the provisions of all applicable codes and ordinances, in-
cluding the City Electrical Code, if any, as the same may hereafter
be amended, and Grantee shall comply with all applicable state and
federal laws and rules and regulations of the Federal Communica-
tions Commission relating to CATV systems.
Section 6. Grantee will provide television signals to
'i
all public and private, non-profit educational institutions within
!!Grantee's service area at no cost for use in the teaching facili-
�Ities of such institutions and will also provide television signals
at no cost to such municipal buildings in Grantee's service area
,as may be designated by the City Council. The point of connection
!for such service will be at the distribution cable as it is con-
';structed along the street and said education institutions or the
jiCity in the case of municipal buildings shall install or pay the
cost of installing the drop for such distance as is necessary from
,the point of cable connection to the building to be served and any
i i
distribution cables within such building, and shall maintain the
jsame from the point of connection. No guarantee need be made by
!Grantee as to the quality or strength of television signals trans-
mitted beyond the point of cable connection.
Section 7. Neither Grantee nor any of its officers,
agents, or employees shall engage in the business locally of
selling, servicing or repairing television sets of other receivers
or parts therefor which make use of standard broadcast entertain-
i
ment signals transmitted by itsr system; provided, however, that
!nothing herein shall prevent Grantee from making necessary modifi-
i
;cations and adjustments to subscribers' television receivers to in-!
!sure proper operation under conditions of cable connection at the
!time of installation or in response to subscribers' complaints, or
from selling, servicing or repairing receivers and other equipment
!used by other CATV system operators in the conduct of their busi-
ness.
-4-
Section 8. The Grantee agrees that it will diligently
pursue the construction of its facilities to the end that all per
sons residing within an area for which Grantee has been granted a j
permit for the construction of new facilities or the extension of
existing facilities will be offered such service within 180 days
!after the issuance of said permit by the City Engineer in accord -
lance with Section 2. hereof. Grantee further agrees to commence
actual construction of the necessary facilities in any such area
!within ninety (90) days after issuance of such permit. Unless the,
]City Engineer has upon cause shown extended the,time within which
ii
"to substantially complete construction of CATV facilities in an i
!area for which a permit has been granted, service shall be com-
Iimenced within the time specified herein or the applicable permit
,,'!may be cancelled and revoked, in which latter case any facilities
!!installed shall be removed by Grantee and at Grantee's cost and
expense.
Section 9. Whenever permission is obtained from the City
Engineer for use of any streets of the City for the purpose of:
moving any building or structure, Grantee, upon forty-eight (48)
hours notice from the City Engineer shall raise or remove any wires,
cables, or conductors which may obstruct the removal of such build7
ing or structure; and in case of Grantee's refusal or failure to
comply with such notice, the City Engineer may raise or remove
such wires, cables, or conductors at the expense of Grantee for
the purpose aforesaid.
I !
Section 10. That the rights and privileges herein
granted shall not be deemed exclusive, and the right is hereby re -i
served to the City to grant td any other person, company, corpora-
tion, or association, or by itself to exercise the rights and
privileges herein granted; and the franchise, rights and privilege:
granted by this ordinance shall be subject to the right of the Citi
Council, at any time subsequent hereto, to repeal, amend, or modi-
fy this ordinance and grant with due regard for the rights of the
Grantee and the interest of the public; and to cancel, forfeit,
and abrogate the rights and privileges granted by this Ordinance
if the same are not exercised in full accordance with the pro-
-5-
visions hereof, or at all; and at any time during the life of such,
grant to acquire, by purchase or condemnation, for the use of the
City itself, all the property of the Grantee within the limits of
the public streets, at a fair and just value, which shall not in-
clude any valuation for the franchise itself, or of any of the
rights and privileges hereby granted, and the grant shall there-
upon terminate.
!I Section 11. The rights, privileges and franchise herein)
�j i
!;granted shall cease and terminate twelve (12) years from the ef-
I
!!,fective date of this ordinance. However, in the event that Grantee
,!has fully and faithfully complied with all the terms and conditions
d of this franchise, then Grantee has the option to renew the same
for two successive five-year periods upon the termination of the
joriginal twelve-year period, provided, however, that the City re-
serves the right to alter, modify and change the fees and method
!!of payment provided for in paragraph 12. Within ninety (90) days
after termination, the Grantee, if required by the City Engineer,
'shall at its own cost and expense remove all of its CATV facili-
ties and installations from the city streets and shall place all
portions of said streets that may have been disturbed in as good
,:condition for public use as the abutting portions thereof. I
The CATV system of the Grantee installed hereunder shall!
!Inot be abandoned, either in whole or in part, without the consent
Iof the City Engineer.
Section 12. The Grantee shall pay to the City of Kent
on the 10th day of February, the 10th day of May, the 10th day of
August, and the 10th day of November, each year, an amount equal
to four per cent (40) of the g±oss income received for such ser-
vices rendered in the City of Kent for which any part of the rights
exercised under this franchise are used. Such quarterly payments
shall be based on the gross income from such business for the
three-month period preceding these dates and ending respectively
on December 31, March 31, June 30, and September 30, each year.
Said quarterly payments shall become delinquent if not paid on or
before thirty (3) days after the date due, and shall thereafter
bear interest at the rate of ten per cent (100) per annum of the
amount due until paid.
�i Section 13. The Grantee shall forfeit and shall be
adeemed to have forfeited and abandoned all rights and privileges
11conferred by this ordinance, and this ordinance shall be null and
;void and of no force or effect unless Grantee shall within thirty
(30) days after the effective date of this ordinance file with the
,!City Clerk its written acceptance of the rights and privileges
'!hereby conferred and the terms, conditions and restrictions hereby
.imposed.
11
Section 14. That the Grantee by its acceptance of this
jlordinance and the rights, privileges and franchise hereby granted,
does covenant and agree for itself, its successors and assigns,
with the City of Kent to at all times protect and save harmless
the said City from all claims, actions, suits, liability, loss,
costs, expenses, or damages of every kind or description which may
accrue to, or be suffered by, any person or persons or property,
;and to appear and to defend at its own cost and expense any action
or suit instituted or begun against the City for damages by reason
of the construction, reconstruction, readjustment, repair, mainte-
finance, operation, or use of said streets or anything that has been
done or may at any time be done by said Grantee, its successors or
assigns, by virtue of this ordinance, and in case judgment shall bel
rendered against said City in any such suit or action, said Granteel
shall fully satisfy the judgment within ninety (90) days after such)
action or suit shall have been finally determined, if determined
adversely to the City. `
i
Section 15. So long as the Grantee shall exercise any
right or privilege granted by this ordinance, it shall provide and
maintain in full force and effQct public liability insurance, with
the City as an additional insured, providing for a limit of not
less than ONE HUNDRED THOUSAND (100,000.00) DOLLARS for all damages
arising out of bodily injuries to or death of one person, and sub-
ject to that limit for each person, a total limit of not less than
FIVE HUNDRED THOUSAND (500,000.00) DOLLARS for all damages arising
out of bodily injuries to or death of two or more persons in any
one occurrence; and property damage liability insurance providing i
for a limit of not less than FIFTY THOUSAND (50,000.00) DOLLARS
-7-
i
i�
ii
I '
i
!ifor all damage arising out of injury to or destruction of property)
11
in any one occurrence. A copy of such policy or certificate evi-
Idencing the same shall be filed in the office of the City Clerk
!!prior to issuance of any permit for construction and shall provide
Ifor ten (10) days notice to the City of any change, cancellation
for lapse thereof. I
Section 16. Grantee shall have the right to charge and
;icollect reasonable compensation from anyone to whom it shall fur -
CATV service except as otherwise provided in this ordinance;
!provided, the rates charged must be uniform for the same class of
",customers or service. No extra or special charges may be imposed
or collected for programs or presentations not available generally!
to off -the -air television receivers. Except as may be now or here-
after otherwise otherwise provided by law, the legislative authority of the
I�City shall have supervisory jurisdiction and control over the ser-
vices authorized by this franchise and all rates and charges there -1
!;for, to the same extent as the Utilities and Transportation Com-
mission of the State of Washington now has over the rates, charges
'I
and services of utilities which are subject to the jurisdiction of
!such Commission; provided, that the legislative authority of the
(City shall never prescribe rates other than such as shall be just,
treasonable, adequate and sufficient, and that its jurisdiction and
control shall at all times be subject to review by Courts.
i
it
i; Section 17. The rights and privileges hereby granted
shall not be assignable or transferable by operation of law, nor
!i
shall said Grantee assign, transfer, mortgage or encumber the same
,without the consent of the City Council of the City given by re-
solution. '
Section 18. This Ordinance shall not be voted upon until
at least one week shall have elapsed after its introduction; that
it shall require the affirmative vote of at least five (5) mem-
bers of the Council, and the approval of the Mayor.
Section 19. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and pub-
lication, as provided by law.
I
ISABEL HOGAN, MAYOR
II
�i
i! ATTEST:
I
i
City Clerk
(APPROVED AS TO FORM:
ii
!,DONALD E. MIRK, City Attorney
Passed the /% day of 1971.
i
jApproved the day of 1971.
414itPublished the day of ► 1971.
I hereby certify that this is a true copy of Ordinance
No. ,�°'%� passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as here-
on indicated.
, La=e-7 (SEAL)
MARIE JENSEN, ' y Clerk