HomeMy WebLinkAboutCAG1993-0577 - Extension - Extention of Certain Franchise Provisions - 08/03/1997 AGREEMENT BETWEEN TCI CABLEVISION OF WASHINGTON, INC.
AND THE CITY OF KENT
REGARDING EXTENSION OF CERTAIN FRANCHISE PROVISIONS
THIS AGREEMENT regarding extension of certain franchise provisions is entered into
between the City of Kent, a Washington Municipal Corporation ("City"), and TCI Cablevision of
Washington, Inc., a Washington corporation ("TCI").
RECITALS
WHEREAS, TCI and the City entered into a franchise agreement, through City Ordinance
No. 3108, on May 4, 1993 (the "franchise"),which became effective on or about June 28, 1993, the
date TCI provided the City its written acceptance of the franchise terms; and
WHEREAS, TCI was obligated to perform certain obligations under the franchise or be
subject to penalties under Section 12 of the franchise; and
WHEREAS, because of changing technology and TCI's desire to provide a quality cable
television system for its Kent customers, TCI has been unable to complete the following franchise
obligations by June 28, 1997, the time allowed for performance of these provisions under the
franchise:
(A) Under Section 5, complete an upgrade of the City system to 54 channels that has the
capability of implementing certain enhanced services; and
(B) Under Section 5,provide,maintain,and operate a public access studio within a radius
of eight miles of the Kent City Hall; and
(C) Under section 8, provide an interactive system to provide two-way communication
between the City's fire stations; and
WHEREAS, TCI has requested an extension of time from the City to meet these obligations
and to provide these and other improved services to its customers; and
WHEREAS, the City has agreed to extend the time for performance of these conditions
under the franchise on the condition that TCI provide the City additional in kind consideration in the
form of certain separate, dedicated, fiber optic lines for the City's sole use as described in further
detail in this Agreement and in the attached Exhibit A.
NOW, THEREFORE, the parties agree as follows:
TO FRANCHISE PROV. EXTENSION AGREEM'T--Page 1 of 4 (ind. Exhibit)
AGREEMENT
1. TCI to Provide Separate Fiber Lines. TCI agrees to provide a separate fiber optic cable to
be separately hung or attached to TCI systems, all connected to a central utility pole ("Pole
7"), the location of which is described in the attached Exhibit A, to the following City
locations:
Fire Station 73 Fire Station 77
26512 Military Road South 21006 - 132nd Avenue SE
Kent, Washington 98032 Kent, Washington 98042
Fire Station 74 Kent Corrections Facility
24611 - 116th Avenue Southeast 1230 South Central
Kent, Washington 98031 Kent, Washington 98032
City Shops
5821 South 240th Street
Kent, Washington 98032
2. Specifications. Each of these fiber optic lines shall be at least twelve-strand fiber, meeting
the minimum specifications attached on Exhibit A, except that the fiber line running from
Pole 7 to Fire Station 74 shall be, at a minimum, twenty-four-strand fiber. Additionally, if
the fiber line from Pole 7 is routed through one City facility to connect to another, TCI shall
provide enough fiber strands to meet a minimum twelve-strand fiber run to each individual
facility (for example, if TCI runs a line from Pole 7 to the City shops and then to the West
Hill Fire Station,the line from Pole 7 to the City shops shall be twenty-four-strand fiber, but
the line from City shops to West Hill Fire Station can be twelve-strand fiber).
3. Maintenance. The City shall be responsible for the ongoing maintenance of this fiber optic
system. However,throughout the term of TCI's existing franchise with the City, TCI shall,
at the City's request,perform requested maintenance to the City's fiber system on a time-and-
materials basis. TCI shall only perform this maintenance if first requested by the City;
however, in emergency conditions, such as a natural emergency resulting from a windstorm,
TCI is authorized, when conducting its own emergency repair work, to effect similar
emergency repair work on the City's system, and the City will reimburse TCI for its
expenses, based on time and materials, to conduct these repairs to the City's system.
4. Time for Performance. TCI agrees to comply with all its original obligations under the
Franchise Ordinance and with the obligations in this Agreement no later than July 1, 1999.
5. Failure to Comply. If TCI fails to comply with its obligations under this Agreement by July
1, 1999, then TCI shall be in breach of this Agreement and of the franchise provisions
TO FRANCHISE PROV. EXTENSION AGREEM'T-Page 2 of 4 (ind. Exhibit)
described above. Without waiving its right to make any claims it may have for other areas
of default under the franchise, the City shall have the right to reinstitute all penalties
available to the City under the franchise backdated to June 29, 1997. TCI acknowledges that
these penalties amount to no less than $200 per day for each day of each violation until the
date TCI reaches compliance on each violation. Additionally, TCI's failure to provide the
fiber optic line specified in this Agreement to any of the five locations listed above shall
constitute a separate instance of default, subject to penalties of up to $200.00 per day for
each instance of default.
6. City to Provide Electronics. TCI is responsible for supplying and installing the specified
fiber to the specified locations only. All electronics required to put the system in operation
shall be at the City's sole expense.
7. Not External Cost. TCI acknowledges that its original obligations under the franchise and
this Agreement constitute expected costs, or impacts from expected costs, incurred at the
time TCI entered into its franchise with the City. Accordingly, TCI shall not separately
itemize and pass through any of the cost associated with complying with this Agreement to
City customers as an external cost under 46 CFR 76.922.
AGREED TO BETWEEN THE PARTIES on the last date written below.
TCI CABLEVISION OF THE CITY OF KENT
WASHINGTON, INC.
AN n
by W R Bennett by J* ite
its Authorized Agent its or
Date: July 24, 1997 D • 3' 1 Z
Address: 4020 Auburn Way North Address: 220 Fourth Avenue South
Auburn, Washington 98002 Kent, Washington 98032
ATTEST:
01
APPROVED AS TO FORM:
& _q
BRENDA J OB R, CITY CLERK
l
JcJ�l�t-ROGER A. LUBOVICH, CITY ATTORNEY
TO FRANCHISE PROV. EXTENSION AGREEM'T--Page 3 of 4 (incl. Exhibit)
EXHIBIT A
Outdoor Fiber Specification
A totally non-metallic(Dielectric)gel-filled fiber optic"loose tube" cable for all outdoor routes. The
cable purchased for these projects shall be capable of supporting high bandwidth applications,
including FDDI and CATV. The fiber should meet or exceed the following specifications:
A. Attenuation: @ 1310 nm - 0.40 db/km
@1550 nm - 0.30 db/km
B. Tensile load rating: 600 lbs.
C. Core diameter: 8.3 um
D. Clad diameter: 125.0 +/- 1 um
E. Coating diameter: 250.0 +/- 15 um
F. Sheath: High Density Polyethylene
G. Bending radius: 20 times cable diameter recommended
10 times cable diameter minimum bend radius
H. Standards: Bellcore & EIA/TIA
Pole No. 7: SW corner of intersection of North Fourth Avenue and West Harrison
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TO FRANCHISE PROV. EXTENSION AGREEM'T--Page 4 of 4 (ind. Exhibit)