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ORDINANCE NO. �—==
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AN ORDINANCE of the City of Kent,
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Washington, granting to Teletronics, Inc.
a franchise to construct, operate and
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maintain a community antenna television
system for television signal distribution
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within the City limits of the City of
Kent, Washington for a period of twelve
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(12 ) years.
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9 THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
10 ORDAIN AS FOLLOWS:
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Section l: The City of Kent, hereinafter referred to
12 as the "City", hereby grants to Teletronics, Inc., a
13 corporation organized under the Laws of the State of Washington,
and having its principal place of business in the City of
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Mercer Island, Washington, County of King, State of Washington,
15 hereinafter referred to as the "Grantee", under the conditions
16 and limitations herein prescribed, the right, privilege and
authority, and franchise to install, lay down, maintain, and
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'operate underground pipes and conduits with the necessary
18 manholes and other appliances therefor and to erect standard
19 utility poles with or without crossarms, stretch wires and
cables and antennas or other appurtenances thereof, in, over,
20 upon and under the streets, alleys and public highways of the
21 City of Kent, Washington, and to maintain and use the same
22 for the purpose of operating a coaxial cable subscription
system for community antenna television signal distribution
23 to subscribers' homes and to such business and other
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1 other premises as may also desire such service, hereinafter called
2 "CATV," and for no other uses or purposes whatsoever.
3 Section 2. The construction of new facilities or the
4 extension of existing facilities within Grantee's service area
5 shall be done only in accordance with a plan or design first
6 submitted to and approved by the City Engineer and pursuant to
7 a permit issued by said Engineer authorizing such construction
8 of new facilities or extension'of existing facilities within
9 all or a portion of such service area. All poles, cables,
10 wires, antennas or conduits or appurtenances shall be constructed
11 and erected in a neat, workmanlike manner and shall be of such
12 height and occupy such position as the City Engineer shall
13 direct. Whenever it is practicable to make use of poles already
14 in said streets, Grantee shall make use of such poles; Provided,
15 that in any district in the City which has telephone, telegraph
16 and electric power wires and cables laid underground, Grantee
17 shall not be permitted to erect poles and run or suspend wires,
18 cables, or other conductors thereon, but shall lay such wires,
18 cables or conductors in underground pipes or conduits; and if
20 prior to the passage of any such ordinance designating any such
21 district in said City, Grantee shall have erected poles in such
22 districts and suspended wires, cables, and other conductors
23 thereon, Grantee shall, upon the passage of such ordinance and
24 within such period of time thereafter as may be designated in
25 such ordinance, at its own cost and expense, remove its poles,
26 cables, and wires from the surface of the streets within such
27 district, and shall place the same in underground pipes or
28 conduits in conformity with the requirements of the City Engineer
29 and shall not thereafter erect or maintain any poles whatever
30 therein. Where telephone and lighting utilities are compensated
31 by property owners for part or all of the cost of relocating
32 facilities underground by the local improvement district methcd
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I or otherwise, Grantee shall be entitled to receive a comparable
2 (portion of its undergrounding cost, that is, the same consider -
3 ation as a utility, as a condition to relocating its facilities
4 underground.
5 -Section 3. Nothing in this ordinance shall be construed
to prevent the City from sewering, paving, grading, altering, or
7 otherwise improving or re -improving any of the streets of the
8 City including the installation of city-ow4nedutili ties; and the
9 City shall not be liable for any damage resulting to the Grantee
10 by reason of the performance of such work or by exercise of such
11 rights of the City. This ordinance shall not be so construed as
12 to deprive the City of any rights or privileges which it now has
13 or which may hereafter be conferred apon it, to regulate and
14 control the use of streets. Whenever and to whatever extent any
15 street shall be improved or the grade thereof changed, modified,
16 raised or lowered, or the size, position, or location of any
17 City -owed public utilities changed, modified or altered, and
18 of the installations belonging to the Grantee which may be
19 affected by or shall conflict with any such changes, alterations,
20 or modification, shall be promptly adjusted, removed, altered,
21 raised, lowered, or otherwise modified to conform to the im-
22 provements or changes made, by and at the cost and expense of
23 Grantee and in conformity with the requirements of the City
24 Engineer. The City shall at all times have the right to make
25 free use of any or all of the poles of said Grantee for wires,
Z6 cables and conductors to carry any City -ow nedsystems or facili- !'
27 ties requiring such use.
28 Section 4. Whenever it shall be necessary to the erection
29 of poles or in the construction of underground pipes or conduits,'
30 to take or excavate in any portion of any street, the Grantee
31 shall file with the City Engineer a petition therefor together
32 with plans, designs and drawings on a reasonable scale, setting
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I forth the streets to be disturbed and obtain a permit from and
2 approval of the City Engineer for so doing before beginning such
3 work. After any poles are erected, or such pipes or conduits
4 constructed, Grantee shall promptly replace any portion of the
5 street disturbed by such work, in a neat and workmanlike manner
6 to its original condition and as required and approved by the
7 City Engineer.
8 At all times during the period of this grant, the Grantee
8 shall keep on deposit in the City Treasury to the credit of the
10 City Engineering Department, the sum of One Thousand Dollars
11 ($1,000..00) in cash to be used by said City Engineering Department
12 for the purpose of restoring streets in the manner prescribed
13 by said City Engineer, to pay the reasonable cost of any city
14 inspection necessitated by Grantee's actions pursuant to this
15 franchise and to pay the cost of raising or removing of any
16 wires, cables, or conductors as provided in Section 9 hereof.
17 Section 5. Construction, maintenance and operation of
16 Grantee's GATV system, including house connections, shall be in
18 accordance with the provisions of this franchise and in accordance
20 with the provisions of all applicable codes and ordinances, in -
21 cluding the City Electrical Code, if any, as the same may hereafter
22 be amended, and Grantee shall comply with all applicable state
23 and federal laws and rules and regulations of the Federal
24 Communications Commission relating to CATV systems.
25 Section 6. Grantee will provide television signals to
26 all public and private, non-profit educational institutions within
27 Grantee's service area at no cost for use in the teaching facili-
28 ties of such institutions and will also provide television signals
28 at no cost to such municipal buildings in Grantee's service area
30 as may be disignated by the City Council. The point of connection
31 for such service will be the distribution cable as it is
32 constructed along the street and said education institutions
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I or the City in the case of municipal buildings shall install or
2 pay the cost of installing the drop for such distance as is
3 necessary from the point of cable, connection to the building to be
4 served and any distribution cables within such building, and
5 shall maintain the same from the point of connection. No guar -
6 antee need be made by Grantee as to the quality or strength of
7 television signals transmitted beyond the point of cable connection.
8 Section 7. Neither Grantee nor any of its officers, agents,
8 or employees shall engage in the business locally of selling,
10 servicing or repairing television sets or other receivers or
11 parts therefor which make use of standard broadcase entertainment
12 signals transmitted by its system; provided, however, that nothing
13 herein shall prevent Grantee from making necessary modifications
14 and adjustments to subscribers' television receivers to insure
15 proper operation under conditions of cable connection at the
16 time of installation or in response to subscribers' complaints,
17 or from selling, servicing or repairing receivers and other
18 equipment used by other CATV system operators in the conduct of
18 their business.
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Section 8. The Grantee agrees that
it will
diligently
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pursue the construction of it s facilities
to the
end that all
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persons residing within an area for which
Grantee
has been granted
23 a permit for the construction of new facilities or the extension
24 of existing facilities will be offered such service within 180
25 days after the issuance of said permit by the City Engineer in
26 accordance with Section 2. hereof. Grantee further agrees to
27 commence actual construction of the necessary facilities in
28 any such area within ninety (90) days after issuance of such
29 permit. Unless the City Engineer has upon cause shown extended
30 the time within which to substantially complete construction of
31 CATV facilities in an area for which a permit has been granted,
32 service shall be commenced within the time specified herein or
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I the applicable permit may be cancelled and revoked, in which
2 latter case any facilities installed shall be removed by Grantee
3 and at Grantee's cost and expense.
4 Section 9. Whenever permission is obtained from the City
5 Engineer for use of any streets of the City for the purpose of;
6 moving any building or structure, Grantee, upon forty-eight (48)
7 hours notice from the City Engineer shall raise or remove any
8 wires, cables, or conductors which may obstruct the removal of
9 such building or structure; and in case of Grantee's refusal or
10 failure to comply with such notice, the City Engineer may raise
11 or remove such wires, cables, or conductors at the expense of
12 Grantee for the purpose aforesaid.
13 Section 10=. That the rights and privileges herein granted
14 shall not be deemed exclusive, and the right is hereby reserved
15 to the City to grant to any other person, company, corporation,
16 or association, or by itself to exercise the rights and
17 privileges herein granted; and the franchise, rights and privileg-
18 es granted by this ordinance shall be subject to the right of
19 the City Council, at any time subsequent hereto, to repeal,
20 amend, or modify this ordinance and grant with due regard
21 for the rights of the Grantee and the interest of the public;
22 and to cancel, forfeit, and abrogate the rights and privileges
23 granted by this ordinance if the same are not exercised in full
24 accordance with the provisions hereof, or at all; and at any
25 time during the life of such grant to acquire, by purchase or
26 condemnation, for the use of the City itself, all the. property
27 of the Grantee within the limits of the public streets, at a
28 fair and just value, which shall not include any valuation for
29 the franchise itself, or of any of the rights and privileges
30 hereby granted, and the grant shall thereupon terminate.
31 Section 11. The rights, privileges and franchise herein
32 granted shall cease and terminate twelve (12) years from the
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1 effective date of this ordinance. However, in the event that
2 Grantee has fully and faithfully complied with all the terms
3 and conditions of this franchis.e., then Grantee has the option
4 to renew the same for two successive five-year periods upon the
5 termination of the original twelve-year period, provided, however,
6 that the City reserves the right to alter, modify and change the
7 fees and method of payment provided for in paragraph 12. Within
8 ninety (90). daysafter termination, the Grantee, if required by
8 the City Engineer, shall at its own cost and expense remove all
10 of its CATV facilities and installations from the city streets
11 and shall place all portions of said streets that may have been
12 disturbed in as good condition for public use as the abutting
13 portions thereof.
14 The CATV system of the Grantee installed hereunder shall
15 not be abandoned, either in whole or in part, without the con -
16 sent of the City Engineer.
17 Section 12. The Grantee shall pay to the City of Kent
18 on the 10th day of February, the 10th day of May, the. 10th day
18 of August, and the 10th day of November, each year, an amount
20 equal to four per cent (0) of the gross income received for such
21 services rendered in the City of Kent for which any part of the
22 rights exercised under this franchise are used. Such quarterly
23 payments shall be based on the gross income from such business
24 for the three-month period preceding these dates and ending
25 respectively on December 31, March 31, June 30, and September 30,
26 each year. Said quarterly payments shall become delinquent if
27 not paid on or before thirty (30) days after the date due, and
28 shall thereafter bear interest at the rate of ten per cent (10%)
28 per annum of the amount due until paid.
30 Section 13. The Grantee shall forfeit and shall be deemed
31 to have forfeited and abandoned all rights and privileges con -
32 ferred by this ordinance, and this ordinance shall be null and
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I void and of no force or effect unless Grantee shall within thirty
2 (30) days after the effective date of this ordinance file with
3 the City Clerk its written acceptance of the rights and privileges
4 hereby conferred and the terms-, conditions and restrictions
5 hereby imposed.
6 Section 14. That the Grantee by its acceptance of this
7 ordinance and the rights, privileges and franchise hereby granted,
8 does covenant and agree for itself, its successors and assigns,
8 with the City of Kent to at all times protect and save harmless
10 the said City from all claims, actions, suits, liability, loss,
11 costs, expenses, or damages of every kind or description which may
12 accrue to, or be suffered by, any person or persons or property,
13 and to appear and to defend at its own cost and expense any
14 action or suit instituted or begun against the City for damages
15 by reason of the construction, reconstruction, readjustment, repair,
16 maintenance, operation, or use of said streets or anything
17 that has been done or may at any time be done bysaid Grantee, its
18 successors or assigns, by virtue of this ordinance, and in case
18 judgment shall be rendered against said City in any such suit or
20 action, said Grantee shall fully satisfy the judgment within
21 ninety (90) days after such action or suit shall have been finally
22 determined, if determined adversely to the City.
23 Section 15. So long as the Grantee .shall exercise any
24 right or privilege granted by this ordinance, it shall provide
25 and maintain in full force and effect public liability insurance,
26 with the City as an additional insured, providing for a limit of
27 not less than One Hundred Thousand Dollars ($100,000.00) for all
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damages arising
out of bodily injuries to or
death
of one person,
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and subject to
that limit for each person, a
total
limit of not
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less than Five
Hundred Thousand Dollars ($500,000.00)
for all
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damages arising
out of bodily injuries to or
death
of two or more
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persons in any
one occurrence; and property
damage
liability
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insurance providing for a limit of not less
than Fifty Thousand
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Dollars ($50,000.00) for all damage arising
out of injury to or des -
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truction of property in any one.occurrence.
A copy of such policy
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or certificate evidencing the same shall be
filed in the office
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of the City Clerk prior to issuance of any permit for construction
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and shall provide for ten (10) days notice to the City of any
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change, cancellation or lapse thereof.
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Section 16. Grantee shall have the
.right to charge and
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collect reasonable compensation from anyone
to whom it shall
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furnish CATV ser1ice except as otherwise provided in this
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ordinance; provided, the rates charged must
be uniform for the same
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class of customers or service. No extra or
special charges may
13 be imposed or collected for programs or presentations not avail -
14 able generally to off -the -air television receivers. Except as
15 may be now or hereafter otherwise provided by law, the legislative
16 authority of the City shall have supervisory jurisdiction and con -
17 trol over the services authorized by this franchise and all rates
18 and charges therefor, to the same extent as the Utilities and
18 Transportation Commission of the State of Washington now has
20 over the rates, charges and services of utilities which are
21 subject to the jurisdiction of such Commission; provided, that
22 the legislative authority of the City shall never prescribe
23 rates other than such as shall be just, reasonable, adequate and
24 sufficient, and that its jurisdiction and control shall at all
25 times be subject to review by Courts.
26 Section 17. The rights and privileges hereby granted
27 shall not be assignable or transferable by operation of law, nor
28 shall said Grantee assign, transfer, mortgage or encumber the same
29 without the consent of the City Council of the City given by
30 resolution.
31 Section 18.- This Ordinance shall not be voted upon until
32 at least one week shall have elapsed after its introduction;
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I that it shall require the affirmative vote of at least five (5)
2 members of the Council, and the approval of the Mayor.
3 Section 19. This Ordiance shall take effect and be in
4 force five (5) days from and after its passage, approval and
5 publication, as provided by law.
6 PASSED by the City Council and approved by the Mayor this
7 154day of 1969.
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8 APPROVE_.- ' (.- „17
10 M or
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12 Attest:
13 � 1�
n City Clerk
14 ur jr..
15 City Attorney:
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17 Accepted:
TELETRONICS, I C.
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18 BY:
President
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�i
21 Secretary
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23 Introduced the lst day of December, 1969
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