HomeMy WebLinkAbout2409 RESOLUTION NO. 2 4 0 9
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY
4 OF AUBURN TO EXECUTE A "NON-EXCLUSIVE FRANCHISE AGREEMENT
BETWEEN THE CITY OF AUBURN AND TCI CABLEVISION OF WASHINGTON,
5 INC., TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION
SYSTEM WITHIN THE CITY OF AUBURN, WASHINGTON."
7 WHEREAS, in accordance with Auburn City Code Chapter
8 13.36 adopted by the City Council by Ordinance No. 3286 on
9 June 19, 1978, the City Council adopted Ordinance No. 3297 on
]0 July 17, 1978 which granted a fifteen year franchise to
11 Clearview TV Cable of Enumclaw, Inc., to operate a cable
]2 television system within the City of Auburn, Washington; and
13 WHEREAS, in 1983, pursuant to Resolution No. 1418, the
14 City Council authorized the transfer of the franchise to Group
]5 W Cable, Inc; and
16 WHEREAS, in 1986, pursuant to Resolutions Nos. 1684 and
17 1710, the City Council authorized the transfer of the
18 franchise to TCI of Auburn; and
19 WHEREAS, in 1989, pursuant to Resolution No. 1934, the
20 City Council authorized the transfer of the franchise to TCI
21 Cablevision of Washington, Inc.; and
22 WHEREAS, TCI Cablevision of Washington, Inc. is presently
23 the holder of a cable television franchise from the City of
24 Auburn; and
25
28
Resolution No. 2409
April 30, 1993
Page 1
] WHEREAS, this current fifteen year franchise will expire
2 in July, 1993; and
3 WHEREAS, Auburn City Code 13.36,040 provides that the
4 grantee of a fifteen year franchise shall have an option for
5 renewal for an additional fifteen years after an open and full
6 public hearing as long as the grantee has continued to provide
7 a satisfactory performance of its obligations under the
8 franchise; and
9 WHEREAS, the grantee of the current franchise, TCI
10 Cablevision of Washington, Inc., has requested renewal of the
11 fifteen year franchise; and
]2 WHEREAS, pursuant to Auburn City Code 13.36.040, on April
]3 19, 1993 during a regular meeting, the City Council scheduled
14 a public hearing to consider the renewal of the franchise for
]5 the regular council meeting on May 3, 1993 at 7:30 P.M. in the
16 Council Chambers in the City of Auburn City Hall; and
17 WHEREAS, the City and TCI Cablevision of Washington,
18 Inc., have complied with the public notice requirements
19 delineated in Auburn City Code 13.36,040; and
20 WHEREAS, the City and TCI Cablevision of Washington,
21 Inc., mutually recognize that technological advancements have
22 been achieved, and will continue to be achieved, in the cable
23 television industry; and
24
25
26
Resotuti~ No. 2409
Apri[ 30, 1~3
Page 2
] WHEREAS, the City and TCI Cablevision of Washington,
2 Inc., mutually recognize the Cable Television Consumer
3 Protection and Competition Act of 1992 and the federal
4 regulations promulgated thereto necessitate amendments to the
5 current Auburn City Code Chapter 13.36 and to any franchise
6 agreement executed thereto.
7 WHEREAS, the franchise agreement submitted by TCI
8 Cablevision of Washington, Inc., is structured to accommodate
9 ongoing advancements in cable television technology and to
10 comply with Federal law; and
]] WHEREAS, during the public hearing conducted on May 3,
]2 1993, the City Council received and considered public
13 testimony regarding the proposed franchise, and at the
14 conclusion of the hearing determined that it was in the best
]5 interests of the citizens of the City of Auburn to authorize
16 the Mayor to execute a non-exclusive franchise to TCI
]7 Cablevision of Washington, Inc., to construct, operate and
18 maintain acable television system within the corporate limits
]9 of the City of Auburn, Washington.
20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
2] WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
22 RESOLVES THAT:
23 Section 1. In accordance with Auburn City Code Chapter
24 13.36 adopted on May 3, 1993 pursuant to Ordinance No. 4625,
25
26
Resotution No. 2409
Aprit 30,
Page 3
] the City Council of the City of Auburn hereby approves and
2 authorizes the Mayor to execute a "Non-Exclusive Franchise
3 Agreement Between the City of Auburn, Washington, and TCI
4 Cablevision of Washington, Inc., to Operate a Cable Television
5 System Within the City of Auburn, Washington" which is
8 attached hereto as Exhibit "A" and incorporated by reference
7 herein.
8 Section 2. The Mayor is hereby authorized to implement
9 such administrative procedures as may be necessary to carry
]0 out the directives of this legislation.
1] DATED and SIGNED this 3rd day of May, 1993.
12
13 CITY OF AUBURN
14
16
MAYOR
17
ATTEST:
18
20 Robin Wohlhueter,
City Clerk
21
APPROVED AS TO FORM:
22
23 te~he~n
24 S R. Shelton,
City Attorney
25
26
Reso|ut~on No. 2409
Aprit 30, 1~3
Page 4
1
2
NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF AUBURN,
3 WASHINGTON, AND TCI 0F AUBURN, INC., TO OPERATE
A CABLE TELEVISION SYSTEM WITHIN THE CITY OF AUBURN, WASHINGTON
4
Section 1. Purpose.
5
In accordance with Auburn City Code Chapter 13.36
6
entitled "CATV Systems", this Franchise Agreement (hereinafter
referred to as "AGREEMENT") shall constitute the terms and
8
conditions on which the City of Auburn, Washington,
9
10 (hereinafter referred to as "CITY") grants to TCI Cablevision
]1 of Washington, Inc. (hereinafter referred to as "OPERATOR")
12 the authority to construct, operate and maintain a cable
13 television system within the corporate limits of the City of
14 Auburn, Washington.
15 The OPERATOR, in consideration of the conditions and
18 requirements herein, herein agrees to construct, maintain, and
]7 operate a cable television system for the distribution of
18 television and other electronic signals within the City of
]9 Auburn in accordance with the Cable Television Consumer
20 Protection and Competition Act of 1992 and the federal
2] regulations promulgated thereto, Auburn City Code 13.36, and
22 the terms of the AGREEMENT.
23 In consideration of the conditions and requirements
24 herein, the CITY agrees to grant to the OPERATOR all necessary
25 rights and privileges for a franchise to use CITY public
28
Exhibit "A" Resolution No. 2409
April 30, 1993
Page 1
]
2 rights of way necessary for a cable television system in
accordance with Federal and State law and Auburn City Code
3
4 Chapter 13.36.
This AGREEMENT shall, as of its effective date, supersede
5
and replace all existing franchises previously granted by the
CITY to the OPERATOR or any of its predecessors, subsidiaries
7
8 or affiliated companies.
Section 2. Length of franchise.
9
The length of the franchise authorized herein shall be
10
for a term fifteen (15) years from the date the OPERATOR files
ll
12 its acceptance of the CITY's grant of the franchise in
accordance with Section 20 herein.
13
Section 3. Service Area.
14
15 The OPERATOR'S service area shall be the entire
16 incorporated area of the CITY in its present incorporated
17 form, or in any later reorganized, consolidated, enlarged, or
18 re-incorporated form.
19 Section 4. Franchise Fee.
20 The OPERATOR shall pay to the CITY quarterly, on or
21 before the thirtieth (30th) day of each January, April, July
22 and October, a sum equal to five percent (5%) or greater of
23 gross revenues, for the preceding three calendar months, as
24 defined in Auburn City Code Chapter 13.36. Revenues that are
25 derived as a portion of a national or regional service shall
26
Exhibit"A"R~olution No. 2409
April30,1993
Page 2
1
be computed on a per subscriber basis if such determination
2
cannot be achieved by other means.
3
The CITY may raise the franchise fee, if so permitted by
4
federal and state law. Prior to implementation of any
5
increase in franchise fees, the OPERATOR may request a public
7 hearing by the City Council to discuss said increases.
8 Following such hearing, the City Council may require the
9 implementation of such increase in accordance with the
]0 provisions of this AGREEMENT.
A. Late Payment. Any quarterly franchise fee not paid
11
12 by the OPERATOR within thirty (30) days of the end of a
13 quarter shall bear interest at the rate of twelve percent
14 (12%) per annum or whatever maximum amount is allowed under
]5 state law, whichever is greater, from the due date until paid.
B. Financial Reports. Each franchise fee payment shall
16
be accompanied by a financial report on a form provided by the
17
18 CITY showing the basis for the OPERATOR'S computation and
]9 separately indicating revenues received by the OPERATOR within
20 the CITY from basic service, pay TV service, other applicable
21 sources of revenue, and such other information directly
22 related to confirming the amount of the OPERATOR's gross
23 revenues as may be reasonably required by the CITY.
24 C. Audit by CITY. The CITY shall have the right, upon
25 reasonable notice or no less than two (2) working days, to
26
Exhibit "A" R~olution No. 2409
April 3~ 1993
Page 3
]
2 inspect the books and records of the OPERATOR during normal
business hours for the purpose of ascertaining the actual
4 gross revenues collected by the OPERATOR. In the event that
such audit discloses a discrepancy of more than ten percent
5
6 (10%) between the financial report submitted by the OPERATOR
with a quarterly payment and the actual gross revenues
7
collected by the OPERATOR, the OPERATOR agrees to pay to the
8
CITY the costs of such audit. In the event that such audit
9
results in a determination that additional franchise fees are
10
due the CITY, the OPERATOR further agrees to pay interest as
1]
12 required for late payment on such additional franchise fees
]3 computed from the date on which such additional franchise fees
14 were due and payable.
15 D. Non-waiver. Acceptance of any franchise fee payment
16 by the CITY shall not be construed as an agreement by the CITY
17 that the franchise fee paid is in fact the correct amount, nor
18 shall acceptance of payment by the CITY be construed as a
]9 release or waiver of any claim the CITY may have for further
20 or additional sums payable under the provisions of this
2] AGREEMENT.
22 E. Taxes. Nothing in this section shall limit the
23 OPERATOR's obligation to pay applicable local, state, or
24 federal taxes.
25
Exhibit"A"R~olution No. 2409
April30,1993
Page4
1
Section 5. Future Provisions.
A. The CITY and the OPERATOR acknowledge that the CITY
should be provided with a cable system that has the same
4
5 general capabilities and capacity as those provided other
cities served by the OPERATOR in the King-Pierce-Snohomish
6
7 County area of the State of Washington.
B. The CITY may, at its discretion, require that the
8
OPERATOR provide such interactive services as addressability,
9
10 security, computer interaction, banking, shopping, voice and
data transmission, High Definition Television (HDTV), fiber
11
12 optic and other such features, as well as upgrades capable of
13 carrying at least fifty-four (54) channels, within the CITY
within twenty-four (24) months of the time the OPERATOR
14
]5 provides any of the same services identified above to a
16 preponderance of a system;
17 1. Within the City of Seattle system, or;
18 2. Within any adjacent community, or;
19 3. Within Forty percent (40%) of the
20 municipalities in the King, Pierce, and
21 Snohomish Counties.
22 C. Notwithstanding the above provisions, the OPERATOR
23 shall in any event complete the upgrade to fifty-four (54)
24 channels and have the capability of implementing these
25
26
Exhibit "A" R~olution No. ~0c)
ApM130, 1993
Page 5
1
enhanced services within forty-eight (48) months from the
2
effective date of this AGREEMENT.
D. Prior to implementation of any such service, the
4
OPERATOR may request a public hearing by the City Council to
5
discuss the benefits of said features to the'citizens of the
CITY. Upon a finding by the City Council that such features
7
are reasonably required to meet community needs, taking into
8
consideration the expense of providing such services and the
9
]0 potential costs to subscribers, the City Council may require
the implementation of such features in accordance with the
11
]2 provisions of this AGREEMENT. If the Council deems it
13 necessary, it may, at its own option by a majority vote,
extend the time requirements established in this section.
14
15 E. Additionally, the OPERATOR, upon completion of the
]6 upgrade or by,the expiration of the forty-eight (48) month
17 period as prescribed herein, shall provide, maintain and
18 operate a public access studio within a radius of eight (8)
19 miles of the City Hall, or at a location mutually agreeable by
20 all parties. Such facilities shall be subject to approval by
2] the CITY as suitable. Such approval shall not be unreasonably
22 withheld.
23 Section 6. Access Channels
24 A. Upon completion of the upgrade conditions, the CITY
25 shall be provided with three (3) access channels, one of which
26
Exhibit "A' R~olution No. 2409
Ap~l 3~ 1~3
Pa~ 6
1
shall be capable of broadcasting live from City Hall. The
2
CITY may initially share a common public access channel with
other communities; however, the CITY may elect, at its option,
4
to provide programing over an individual public access channel
5
for the CITY's sole use.
B. Additional channels over and above those referenced
7
above shall be made available for CITY purposes when any of
8
the three (3) designated channels is in use for access
9
10 purposes with programing during fifty percent (50%) of the
hours between 10:00 A.M. and 10:00 P.M., during any
1]
consecutive ten (10) week period. The OPERATOR shall within
six (6) months following a request by the CITY, subject to the
restrictions above, provide another designated access channel
14
for this purpose.
]5
16 C. The OPERATOR shall continue to provide additional
17 channels under the same conditions. Programing on additional
]8 channels shall be distinct and non-repetitive of the previous
19 channel. If additional channels are designated for community
20 use but after one year such channel(s) are not utilized at
2] least twenty-five percent (25%) of the hours between 10:00
22 a.m. and 10:00 p.m. with programing, the access users will,
23 within six (6) months of receiving written notice from the
24 OPERATOR, group their programing into one contiguous block of
25 time of their choosing. The remaining broadcast time on such
Exhibit "A" R~o]ution No. 2409
Ap~! 30, 1993
Pa~ 7
1
channel shall then revert to the OPERATOR for its unrestricted
use within the terms and conditions of this AGREEMENT.
D. Contributions to access channels (PEG channels) will
4
not be considered in lieu of a franchise fee nor other
5
6 obligations to the CITY.
Section 7. Government Access Equipment.
7
The OPERATOR shall provide, maintain, and install the
8
9 necessary equipment for local government cablecasting within
twelve (12) months of a request by the CITY unless extended by
]0
mutual written agreement. Such equipment shall not be less in
12 quantity nor equivalent quality than those listed in Appendix -.
"A" which is attached hereto and incorporated herein.
13
Section 8. Institutional Networks.
14
15 Upon completion of the cable system upgrade, the
]6 OPERATOR'S system shall have the capability of bi-directional
i7 Institutional Networks for educational and public safety
]8 communications. An entity desiring activation of such
19 feature(s) will provide the CITY demonstrated need of such
20 use.
21 Prior to implementation of any such service, the OPERATOR
22 may request a public hearing before the City Council to
23 discuss the benefits of said features to the citizens of the
24 CITY. Upon a finding by the CITY Council that such features
25 are reasonably required to meet community needs, and taking
26
Exhibit "A" R~olution No. 2409
Apfi! 30, 1~3
Page 8
1
into consideration the expense of providing such services and
the potential costs to subscribers, the City Council may
3
4 require the implementation of such features in accord with the
5 provisions of this AGREEMENT. If the Council deems it
6 necessary, extend the time requirements established in this
section.
7
Section 9. Emergency Override.
8
9 Upon completion of the system upgrade subject to the
conditions of Section 5 herein, the OPERATOR shall make
10
11 provisions for an emergency alert system. The OPERATOR shall
establish a process which will provide a character generated
]2
scroll and shall make the best effort to furnish a voice
13
override notifying viewers and listeners of the emergency.
14
15 Subject to federal and state laws and regional planning
authorities, control of these emergency override facilities
16
shall be the responsibility of the CITY. The CITY shall hold
17
the OPERATOR, its agents, employees, officers, and assigns
18
harmless from any claims arising out of the emergency use of
19
20 its transmitting facilities by the CITY. The CITY at its
2] option may elect to share this service with adjoining
22 communities.
23
24
25
26
F/hib]t "A' R~olut]on No. 2409
April 30, 1~3
PaMc 9
1
Section lO. Emergency Power.
The OPERATOR shall provide a standby power system to
automatically activate equipment at the headend and hubs, if
4
5 applicable, in event of a primary electrical failure.
Section 11. Coverage.
6
The CITY shall be provided with cable television service
7
in the entire franchise area. If such a condition does not now
8
exist, the OPERATOR shall complete such wiring and be in a
9
10 position to offer cable reception to all residents within
twelve (12) months from the effective date of this AGREEMENT.
11
12 Areas subsequently annexed shall be provided with cable
lS availability within twelve (12) months, subject to the terms
in Section 13 herein.
14
15 Section 12. Cable Availability.
16 Cable 'service shall not be denied to any group of
]7 potential residential cable subscribers because of the income
18 of the residents of the local area in which such group
19 resides.
20 Section 13. Extraordinary Installation.
21 All residents requesting cable service and living within
22 one hundred and fifty (150) feet of existing cable
23 distribution lines shall have the cable installed at the
24 prevailing published installation rate.
25
26
Exhibit "A" R~olution No. 2409
Apfi! 30, ]993
Pa~ 10
1
In the event a request is made for service and the
2
residence is more than one hundred and fifty (150) feet from
3
an existing cable distribution line, such installation shall
4
be completed on a time and material cost basis for that
5
8 portion of the service line extending beyond one hundred and
7 fifty (150) feet.
Section 14. Distribution Line Extension Charges.
8
Cable Service shall be available to all residents within
9
the CITY provided there are at least thirty-five (35) dwelling
10
units per street mile.
11
12 In the event a request is made for service by a
13 resident(s) living in an area not meeting such criteria, the
14 OPERATOR shall enter into a contractual agreement with the
15 resident(s) requesting service wherein the OPERATOR shall be
]6 reimbursed for its construction costs. Whenever any
17 subsequent subscriber who did not contribute to the original
18 cost of the extension connects to the extended distribution
19 service line, that subscriber shall pay his/her pro rata share
20 directly to the OPERATOR prior to obtaining cable service.
2] The OPERATOR shall then promptly tender such payment to the
22 original subscriber so long as the agreement remains in force.
23 Reimbursement shall be calculated on a front foot basis
24 as a percentage of the total cost of the service line
25 extension. Reimbursements shall be made to the original
26
Exhibit "A" Resolution No. 2409
April 30, 1993
Page 11
1
subscriber for a period of up to five (5) years or to the
3 point when the OPERATOR has recovered its incremental costs to
construct the distribution service line.
4
The OPERATOR may, at its option, record its contractual
5
8 agreement with the original subscriber in the office of the
7 King County Recorder prior to the time any subsequent
subscriber connects to the extended service line.
8
Section 15. Public Buildings.
9
The OPERATOR shall provide, without charge for installation
10
or monthly rate, basic service, one outlet, and converter, if
ll
12 needed, at such public buildings and schools as specified in
]3 Appendices "B" and "C" which are attached hereto and
]4 incorporated herein as well as other such buildings that may be
constructed during the period of AGREEMENT that are passed by
15
cable and within one hundred and fifty (150) feet of the trunk
16
or distribution system.
17
Section 16. Penalties.
18
19 A. The CITY shall notify the OPERATOR in writing
20 stating the nature of a perceived deficiency in the operation
2] of the cable system and setting forth the time the OPERATOR
22 will be allowed to rectify such alleged improper condition.
23 The OPERATOR may request an extension of time if construction
24 is suspended or delayed by the CITY, or where unusual weather,
25 acts of God (e.g. earthquakes, floods, etc.), extraordinary
26
Exh~it"A"ResolutionNo. 2409
April30,1993
Page 12
1
acts of third parties, or other circumstances which are
3 reasonably beyond the control of the OPERATOR, delay progress;
4 provided that, the OPERATOR has not, through its own actions
or inactions, substantially contributed to the delay. The
5
amount of time allowed will be reasonably determined by the
CITY and the OPERATOR. The extension of time in any case
7
shall not be less than the extent of the actual non-
8
9 contributory delay experienced by the OPERATOR.
B. Failure of the OPERATOR to correct these
10
11 deficiencies, except in those circumstances cited above, may
result in the CITY calling a hearing to determine if penalties
]2
should be imposed upon the OPERATOR or if a material violation
of this Franchise has occurred.
]4
C. If, following such hearing, it is determined by the
16 City Council that the OPERATOR has failed to comply with the
schedule set forth in this AGREEMENT, monetary penalties will
17
18 be imposed as set forth below for each day beyond thirty (30)
19 days that the OPERATOR has not fulfilled the requirement(s):
20 1. Upgrade improvements and regional P.E.G.
21 facilities required by Section 5 herein; two
22 hundred dollars and no cents ($200.00) per day.
23 2. Equipment and channels committed by the
24 OPERATOR to the CITY for access purposes as
25 well as I-Net activation pursuant to Sections
26
F3h~it "A" R~o|ution No. 2409
Ap~I 3~ 1993
Page 13
1
2 6, 7 and 8; two hundred dollars and no cents
S ($200.00) per day.
3. Coverage of annexed areas where such is not
4
5 completed as required by Section 11; two
6 hundred dollars and no cents ($200.00) per day.
D. Monetary penalties may be assessed retroactive to
7
the date that notification was provided to the OPERATOR in
8
those cases wherein the OPERATOR has been non-responsive in
9
10 correcting the situation or in the case of flagrant
violations.
]]
Section 17. Termination of Franchise.
]2
The termination of the Franchise authorized by the
AGREEMENT herein shall be inaccordance with the provisions of
14
15 Auburn City Code Chapter 13.36.
16 The OPERATOR and the CITY agree that any violation
17 delineated in Section 16, unless excused, which is not
18 corrected by the OPERATOR within the time allotted, shall
19 constitute failure to comply with a material provision of the
20 AGREEMENT and may be grounds for termination in accordance
21 with Auburn City Code Chapter 13.36.
22 8eotlon 18. Penalty, bond forfeiture, termination:
Restriction on impositions.
No penalty, bond forfeiture, or termination shall be
24
imposed for delays where such delays 'are the result of causes
25
Exhibit "A' R~olution No. 2409
Ap~I 30, 1993
Page 14
2 beyond the reasonable control and/or without substantial fault
or negligence of the OPERATOR, as reasonably determined by the
3
CITY. If payment of any of the penalties provided for in thie
4
AGREEMENT is delinquent by three (3) months or more, the CITY
5
6 may require partial or total forfeiture of performance bond or
other surety.
7
Section 19. Independent Contractor.
8
This AGREEMENT shall not be construed to provide that the
9
OPERATOR is the agent or legal representative of the CITY for
10
11 any purpose whatsoever. The OPERATOR is not granted any
12 express or implied right or authority to assume or create any
13 obligation or responsibility on behalf of, or in the name of,
14 the CITY, or to bind the CITY in any manner whatsoever.
15 Section 20. Entire Agreement.
16 This AGREEMENT and any attachments hereto which are
17 incorporated herein by reference and the provisions of Auburn
18 City Code Chapter 13.36 represent all of the covenants,
19 promises, agreements, and conditions, both oral and written,
20 between the CITY and the OPERATOR. However, the CITY reserves
21 the right to waive any of the sections herein without affecting
22 the applicability of other sections herein not so specifically
2S waived. Waiver of any franchise requirement by the CITY shall
24 be in writing in order to be effective.
25
Exhibit "A" R~olut]on No. 2409
April 3g 1993
Page 15
i
Section 21. Successors or Assigns.
2
This AGREEMENT, including all addenda, as well as the
3
4 provisions of Auburn City Code Chapter 13.36, shall be binding
to the OPERATOR, its heirs, successors, and assigns.
5
Section 22. Effective date conditioned on formal
6 acceptance by the OPERATOR.
7 This grant by the CITY to the OPERATOR of the franchise
8 delineated herein, and terms and provisions included herein,
9 shall only become effective and binding on the CITY and
]0
OPERATOR at the time it is formally accepted by the OPERATOR by
11
the submission of a written instrument, executed and sworn to
12
by a corporate officer of the OPERATOR before a Notary Public,
13
and filed with the CITY Clerk.
14
The OPERATOR shall file such written acceptance within sixty
15
(60) days after the effective date of AGREEMENT or this
18
AGREEMENT shall be null and void. Such written instrument
17
shall evidence the OPERATOR'S unconditional acceptance of the
provisions of this AGREEMENT and the promise to comply with and
19
abide by all its provisions, terms and conditions.
Section 23. Notice.
21
Written notices provided by one party of this AGREEMENT
22
to the other shall be deemed to have been duly served if
delivered in person to the individual or entity for whom it
24
was intended or if delivered at or sent by registered or
25
26
Exhibit "A" R~olution No. 2409
April 30, 1993
Pagc 16
1
certified United States mail to the last business address
known to the party who gives the notice.
3
All notices and requests shall be addressed to the CITY and
4
the OPERATOR as follows:
5
6 CITY: City Clerk
City of Auburn
7 25 West Main
8 Auburn, WA 98002
9
OPERATOR: TCI Cablevision of Washington, Inc.
P.O. Box 1048
10 Auburn, WA 98002
]]
ADDITIONAL NOTICE: TCI of Washington, Inc.
12 Attn: Legal Department
P.O. Box 5630
13 Terminal Annex
14 Denver, CO 80217
]5
]6 DATED and SIGNED this 3rd day of May, 1993.
]7
18 CITY OF AUBURN
20
21 MAYOR
ATTEST:
22
24 Robin Wohlhueter,
· City Clerk
25
26
April~,lW3
Pa~17
]
APPROVED AS TO FORM:
2
3 St Shelton,
4 City Attorney
5 TCI OF AUBURN, INC.
8 TITLE: DAVID M. REYNOLDS-EXEC. I/p/C00
9
10 BY:
11
12 TITLE:
13 STATE OF WASHINGTON)
)SS
COUNTY OF KING )
14
17 the corporation that executed the with and fd~egoing
18 instrument and acknowledged the said instrument and deed of
said corporation, for the uses and purposes therein mentioned,
19 and on oath stated that he~she were authorized to execute said
instrument and that the seal affixed is the corporate seal of
20 said corporation.
21 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal on the date hereinabove set forth,
22
23 ARY PUBLIC z e State
~ shin~ton,, ' residing at ~
25 My Commission expires: ~-~O~A
26
~ibit "A" R~olution No. 2409
April 30, 1~
PaMe 18
]
2 APPENDIX "A"
3 ACCESS STUDIO AND EQUIPMENT
4
In accordance with Section 7 of the AGREEMENT, the
5
OPERATOR shall provide to the CITY the following equipment or
its equivalent:
7
Ouantitv Description of Item
8
1 Texscan MSI-SG 4-B Character
9 Generator;
3 Panasonic CCD Two-Color Chip
10 Cameras;
3 Telco Remote Camera Control
11 Systems;
1 Amega 3000 Computer System with Omni
]2 Link and Video Toaster;
2 Panasonic AG 8350 SVHS 1/2" Recording
13 Decks;
1 Shure Audio Microphone System;
14
10 Lavalier Microphones;
3 12" Color Monitors;
15
1 19" Color Monitor;
2 Panasonic AG460 1/2" SVHS
16 Cameras;
17 2 LTM 4 Pepper 420 Light Kits with
accessories;
18 2 Bogen 3062 Video Tripods with 3066
fluid head;
19 2 Tripod Adaptors;
201/2" 20 Minute Video Cassettes;
20 201/2" 30 Minute Video Cassettes;
201/2" 60 Minute Video Cassettes.
21
Miscellaneous lighting system as required to adequately allow
22 for the video taping and broadcast of CITY meetings in the
existing City Council Chambers
Miscellaneous cable as required to complete the wiring of the
24 existing City Council Chambers.
26
F~h]bit "A" R~o|ution No. 2409 Appendh "A"
Ap~| 30,
Page 19
] APPENDIX "B"
2 PUBLIC BUILDINGS
3
In accordance with Section 15 of the Franchise Agreement,
4 the following buildings are herein designated as "Public
5 Buildings."
CITY OF AUBURN CITY OF AUBURN
7
LIBRARY FIRE DEPARTMENT
808 9th Street S.E. South Station #32
8
Auburn, WA 98002 1951 "R" Street S.E.
9 Auburn, WA 98001
CITY OF AUBURN CITY OF AUBURN
]0
CITY HALL POLICE DEPARTMENT
25 West Main 15 North Division
11
Auburn, WA 98001 Auburn, WA 98001
CITY OF AUBURN CITY OF AUBURN
CITY HALL ANNEX SENIOR CITIZEN CENTER
13
107 North Division 910 9th Street S.E.
]4 Auburn, WA 98001 Auburn, WA 98002
15 CITY OF AUBURN
FIRE DEPARTMENT
16 North Station #31
1101 "D" Street N.E.
17 Auburn, WA 98001
18
|9 The OPERATOR will connect the following Public Buildings
20 when economically and technically feasible:
21
CITY OF AUBURN CITY OF AUBURN
22 MAINTENANCE & OPERATIONS AUBURN AIRPORT
1305 "C" S.W. 400 23rd Street N.E.
23 Auburn, WA 98002 Auburn, WA 980002
24
25
28
Exhibit "A" R~o]ution No. 2409 Appendk "A"
Ap~I 30, 1993
Pa~ 20
APPENDIX "C"
1 SCHOOL BUILDINGS
2 In accordance with Section 15 of the Franchise Agreement,
the Operator shall provide cable to the following:
4
5 Administration Building Lake View Elementary
915 Fourth Street N. E 16401 S.E. 318th St.
6 Auburn, WA 98002 Auburn, WA 98002
7 Alpac Elementary Lea Hill Elementary
310 Milwaukee Blvd. North 30908 124th Ave. S.E.
8 Pacific, WA 98047 Auburn, WA 98002
9 Alternative Junior High Olympic Junior High
615 15th Street S.W. 1825 "K" Street S.E.
10 Auburn, WA 98001 Auburn, WA 98002
]] Auburn Senior High Pioneer Elementary
800 4th Street N.E. 2301 "M" Street S.E.
12 Auburn, WA 98002 Auburn, WA 98002
13 Cascade Junior High Rainier Junior High
1015 24th Street N.E. 30620 ll6th Ave. S.E.
14 Auburn, WA 98002 Auburn, WA 98002
]5 Chinook Elementary Terminal Park Elementary
3502 Auburn Way South 1101 "D" Street S.E.
16 Auburn, WA 98002 Auburn, WA 98002
17 Dick Scobee Elementary Troy Field
1031 14th Street N.E. 800 4th Street N.E.
]8 Auburn, WA 98002 Auburn, WA 98002
19 Evergreen Elementary Washington Elementary
5602 South 316th Street 20 "E" Street N.E.
20 Auburn, WA 98001 Auburn, WA 98002
2] Gildo Ray Elementary West Auburn Senior High
1005 37th Street S.E. 401 West Main Street
22 Auburn, WA 98002 Auburn, WA 98001
23 Hazelwood Elementary
11815 S. E. 304th Street
24 Auburn, WA 98002
25
26
Exhibit 'A" Resolution No. 2409 AppendLx "C"
April 30, 1993
Page 21
2 Programing Survey
3
Results of Random Sampling of 1000 Residences
5 3/4/91
6 % Responding Interest as
Type of Programming Very High to Somewhat High
7
8 News .........................................................................................................................97%
9 Consumer Information .............................................................................................86%
lo Adult Education ........................................................................................................85%
11 Weather ....................................................................................................................77%
12 Children's Programs ................................................................................................74%
13 Sports .......................................................................................................................70%
14 Fine Arts ..................................................................................................................67%
15 Health ........................................................................................................................63%
16 Local Bulletin Board .................................................................................................59%
17 Old Movies ...............................................................................................................57%
]8 Business .................................................................... ...............................................54%
19 Local Advertisement ................................................................................................52%
20 Video Music ..............................................................................................................44%
21 U.S. Congress Proceedings ...................................................................................37%
22 Senior Citizens .........................................................................................................30%
23 Religious ...................................................................................................................22%
2~, Spanish Language ....................................................... .............................................7%
25
26
F_Jchibit "A" l~eso]ution No. 2409 Appendix "C"
April 30, 1993
Page 22