HomeMy WebLinkAbout2972] RESOLUTION NO. 2 9 7 2
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
ADDENDUM I TO THE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN
4 THE CITY OF AUBURN, WASHINGTON, AND TCI CABLEVISION OF
WASHINGTON, INC., TO OPERATE A CABLE TELEVISION SYSTEM WITHIN
5 THE CITY OF AUBURN WASHINGTON, APPROVED ON MAY 3, 1993 BY
RESOLUTION NO. 2409, TO EXTEND THE DATE OF COMPLETION OF
6 CERTAIN FRANCHISE PROVISIONS UNDER SECTION 5 AND AMENDING
SECTION 8.
7
8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
10 SECTION 1. The Mayor and City Clerk of the City of
11
Auburn are hereby authorized to execute Addendum I to the non-
12
exclusive Franchise Agreement between the City of Auburn,
13
Washington, and TCI CABLEVISION OF WASHINGTON, INC., to
14
operate a cable television system within the City of Auburn
15
Washington, approved on May 3, 1993 by Resolution No. 2409, to
16
extend the date of completion of certain franchise provisions
17
under Section 5 and amending Section 8. A copy of said
18
Addendum is attached hereto and denominated as Exhibit "A" and
19
made a part hereof as though set forth in full herein.
20
Section 2. The Mayor is hereby authorized to implement
21
such administrative procedures as may be necessary to carry
22
out the directives of this legislation.
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ResolutionNo. 2972
~ne 11, 1998
] DATED this 15tn day of June, 1998.
2
CITY OF AUBURN
4
6 CHARLES A. BOOTH
7 MAYOR
8
9
ATTEST:
11
]3 Danielle E. Daskam,
City Clerk
14
15
16 APPROVED AS TO FORM:
18
19 Michael ynolds,
City Attorney
20
21
24
25
26 ............................
Reso]utionNo. 29~
~ne ]]~ ]998
P~2
ORIGINAL
1 ADDENDUM I
2
AGREEMENT BETWEEN TCI CABLEVISION OF WASHINGTON,
3 INC. AND THE CITY OF AUBURN TO EXTEND THE DATE OF
COMPLETION OF CERTAIN FRANCHISE PROVISIONS UNDER
SECTION 5 AND TO AMEND SECTION 8 OF THE NON-
5 EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF
AUBURN, WASHINGTON, AND TCI CABLEVISION OF
6 WASHINGTON, INC. ENTERED INTO PURSUANT TO COUNCIL
APPROVAL OF RESOLUTION NO. 2409
7
8
THIS ADDENDUM I regarding the extension of certain
9
franchise provisions contained in Section 5 and amending
]0
Section 8 of the Non-Exclusive Franchise Agreement between the
]1
City of Auburn, Washington, and TCI Cablevision of Washington,
12
Inc. and approved by the City Council pursuant to Resolution
iS
No. 2409 on May 3, 1993 is hereby entered into between the
14
CITY OF AUBURN, a Washington municipal corporation,
]5
16 hereinafter referred to as the "CITY", and TCI CABLEVISION OF
17 WASHINGTON, INC., a Washington corporation, hereinafter
18
referred to as "OPERATOR".
19
RECITALS
20
WHEREAS, the OPERATOR and the CITY entered into a Non-
21
Exclusive Franchise Agreement between the City of Auburn,
22
23 Washington, and TCI Cablevision of Washington, Inc., pursuant
to Resolution No. 2409, approved on May 3, 1993, hereinafter
24
25
26
TCI Addendure I
Resolm]0n No. 2972 Exhibit A
June 11, 1998
Page 1 [tegat/agree/tci-add]
1 referred to as the "Franchise", which became effective on July
2 1, 1993, the date OPERATOR provided its written acceptance of
3 the Franchise terms; and
4 WHEREAS, OPERATOR was obligated in the Franchise
5 Agreement to perform certain obligations pursuant to Section 5
6 of the Franchise or be subject to penalties under Section 16;
7 and
8 WHEREAS, because of changing technology and OPERATOR'S
9 desire to provide a quality cable television system for its
10 Auburn customers, OPERATOR has been unable to complete the
1] following Franchise obligations under Section 5 by July 1,
]2 1997, the time allowed for performance of these provisions
13 under the Franchise:
14 (a) Under Section 5, complete an upgrade of
15 the cable system to 54 channels that has
16 the bi-directional capability and the
17 capability of implementing certain
18 enhances services and; and
19 (b) Under Section 5, provide, maintain, and
20 operate a public access studio within a
21 radius of eight (8) miles of the Auburn
22 City Hall; and
23 WHEREAS, OPERATOR has requested an extension of time from
24 the CITY to meet the obligations identified above and to
25
26
TC] Addendure I
Res0]ution N0. 2972 Exhibit A
~ne ] ], ]998
P~e 2 [[ega[/agree/tci-add]
1 provide these and other improved services to its customers;
2 and
3 WHEREAS, the CITY has agreed to extend the time for
4 performance of the obligations and conditions identified above
5 under the Franchise on the condition that OPERATOR provide the
8 CITY additional in-kind consideration in the form of certain
7 separate, dedicated, fiber optic lines for the CITY'S sole use
8 as described in further detail below in this Addendum I; and
9 WHEREAS, the CITY has agreed to amend Section 8 of the
10 Non-Exclusive Franchise approved by Resolution 2409 by adding
]] language which provides that OPERATOR will work cooperatively
12 with the Auburn School District to determine the costs
13 associated with Auburn School District needs after the Auburn
14 School District demonstrates to the CITY the school district's
15 need of use of the bi-directional Institutional Network as
1~ provided in Section 8.
17 NOW, THEREFORE, the parties agree as follows:
18 Section 1. OPERATOR TO PROVIDE SEPARATE FIBER OPTIC
A9
LINES.
20
OPERATOR agrees to provide a separate fiber optic cable
21
to be separately hung or attached to OPERATOR systems,
hereinafter called the City Fiber Optic System from the Hub at
2S
City Hall to the following City locations:
25
TCI Addendure I
Resolmion No. 2972 Exhibk A
hne 11, 1998
Page 3 [tegat/agree/tci-add]
] (a) Auburn City Hall - Entry to the Auburn City Hall
2 will be made from an overhead feed into the Police
3 Station, through the false ceiling to the telephone
4 room and through and existing conduit to the
5 telephone room at City Hall.
6 (b) North Fire Station - Entry shall be through an
7 existing 2 conduit to the front right corner of the
8 Station.
9
(c) Transit Center - This is currently a vacant lot,
10
however, there are overhead facilities directly
1]
across the street. The CITY will supply trenching
12
as necessary when the Transit Center is completed.
13
OPERATOR will supply the conduit.
]4
(d) Maintenance and Operations ShoD - Installation will
15
require approximately 650 feet of trench from the
building to C Street. The CITY will supply the
]7
trench. OPERATOR will supply the conduit.
18
(e) South Fire Station - Installation will require
]9
approximately 80 feet of trench. CITY will supply
20
the trench. OPERATOR will supply the conduit.
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(f) Library/Senior Center - Installation will require
22
approximately 350 feet of trench to get fiber to the
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electrical room. CITY will supply the trench.
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OPERATOR will supply the conduit.
25
26
TC| Addendure I
Res01ution N0. 2972 Exhibit A
June 1 l, 1998
Page 4 [[egat/agree/tci-add]
1 Section 2. SPECIFICATIONS. Each of these fiber optic
2 lines shall be at least twelve-strand fiber, meeting the
3 minimum specifications attached on Exhibit A, and shall be
4
brought to a point of demarcation and terminated with ST
5
connectors at each site into a weather tight housing at
6 locations as set forth hereinabove.
7
Section 3. MAINTENANCE. The CITY shall be responsible
8
for the ongoing maintenance of the City Fiber Optic System,
9
unless it contracts with OPERATOR for a managed network, or
]0
for maintenance on a time-and-materials basis. OPERATOR shall
]1
only perform this maintenance if first requested by the CITY;
12
however, in emergency conditions, such as a natural emergency
resulting from a windstorm, OPERATOR is authorized, when
]4
conducting its own emergency repair work, to effect similar
15
emergency repair work on the CITY Fiber Optic System, and the
]6
CITY will reimburse OPERATOR for its expenses, based on time
]7
and materials, to conduct these repairs to the CITY Fiber
18
Optic System.
19
Section 4. TIME FOR PERFORMANCE. OPERATOR agrees to
20
21 comply with all its original obligations under the Franchise
and with the obligations in this Addendum I no later than July
22
1, 1999.
24
25
TCI Addendure ~
Resolution No. 2972 Exhibit A
J~e 11, 1998
Page 5 [[ega[/agree/tci-add]
] Section 5. CONSTRUCTION UPDATES AND SCHEDULE. OPERATOR
2
agrees to provide to the CITY, on a monthly basis, beginning
3 July 1, 1998, an update on the progress of its upgrade of the
4
cable system and construction of the city Fiber System.
5
OPERATOR further agrees to provide a construction schedule
6 within thirty (30) days of the signing of this Addendum I. A
7 failure to comply with this schedule will constitute a failure
8
to comply for the purposes of Section 6 of this Addendum I,
9
unless such failure occurred or was caused by force majeure or
10
other event that is reasonably beyond OPERATOR'S ability to
1]
control.
12
Section 6. FAILURE TO COMPLY. If OPERATOR fails to
13
comply with its obligations under this Addendum I by July 1,
14
1999, then OPERATOR shall be in breach of this Addendum I and
15
of the Franchise provisions contained in the Franchise
16
executed pursuant to approval of Resolution No. 2409. Without
17
waiving its right to make any claims it may have for other
]8
areas of default under the Franchise, the CITY shall have the
19
right to reinstitute all penalties available to the CITY under
20
the Franchise approved in Resolution No. 2409 back to July 1,
2]
1997. OPERATOR acknowledges that these penalties amount to no
22
less than two hundred dollars ($200.00) per day for each day
23
of each violation until the date OPERATOR reaches compliance
24
on each violation. Additionally, OPERATOR'S failure to
25
TCIAddendum]
Reso]uti0n No. 2972Exhib~tA
~ne ll, 1998
Page 6 [tegat/agree/tci-add]
1 provide the fiber optic lines specified in this Addendum I to
2 any of the locations listed above shall constitute a separate
3 instance of default, subject to penalties of up to two hundred
4 dollars ($200.00) per day for each instance of default.
5 Section 7. CITY TO PROVIDE ELECTRONICS. OPERATOR is
responsible for supplying and installing the specified fiber
7
optic lines to the specified locations only. All electronics
8
required to put the City Fiber Optic System in operation shall
9
be at the CITY'S sole expense, whether or not the CITY has
10
contracted with OPERATOR for a managed network.
11
Section 8. NOT EXTERNAL COST. OPERATOR acknowledges
12
that its original obligations under the Franchise and this
13
Addendum I constitute expected costs, or impacts from expected
14
costs, incurred at the time OPERATOR entered into its
]5
Franchise with the CITY pursuant to Resolution No. 2409, which
16
became effective on July 1, 1993. Accordingly, OPERATOR shall
17
not separately itemize and pass through any of the cost
18
associated with complying with this Addendum I to CITY
19
customers as an external cost under 47 CFR 76.922.
20
Section 9. COOPERATION WITH AUBURN SCHOOL DISTRICT. The
2]
following language is added to Section 8 of the Franchise:
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26
TCIAddendumI
Reso|uti0n No. 2972ExhibitA
June 11,1998
Page 7 [legat/agree/tci-add]
1 Institutional Networks.
Upon completion of the cable system upgrade, the
3
OPERATORTS system shall have the capability of bi-directional
4
Institutional Networks for educational and public safety
communications. An entity desiring activation of such
feature(s) will provide the CITY demonstrated need of such
7
use. Upon completion of the cable system upqrade as provided
8
in this Addendum I and after the Auburn School District
provides the CITY its demonstrated need of use of the bi-
10
directional Institutional Network as provided in Section 8 of
11
the Franchise approved pursuant to Resolution 2409, OPERATOR
will work cooperatively with the Auburn School District to
13
determine the costs associated with the Auburn School
District's demonstrated needs.
Prior to implementation of any such service, the OPERATOR
may request a public hearing before the City Council to
discuss the benefits of said features to the citizens of the
CITY. Upon a finding by the CITY Council that such features
are reasonably required to meet community needs, and taking
20
into consideration the expense of providing such services and
the potential costs to subscribers, the City Council may
22
require the implementation of such features in accord with the
provisions of this AGREEMENT. If the Council deems it
TC|Addendum|
Reso|uti0n
June 11,1998
Page 8 [[egat/agree/tci-add]
] necessary, extend the time requirements established in this
2 section.
3 Section 10. TERMS OF FRANCHISE. All terms and
4
conditions contained in the Franchise entered into between the
5
parties pursuant to Resolution No. 2409 remain in effect
except as specifically amended in this Addendum I.
7
AGREED TO BETWEEN THE PARTIES on the last date written
8
below.
9
]0
CITY OF AUBURN
]1
12
OTH
14 MAYOR
15
ATTEST:
16
17
]8
19 E. Daskam,
20 City Clerk
21 APPROVED AS TO FORM:
22~~.~R~e~n
23
olds,
24 City Attorney
25
TCI Addendure I
Resolution No. 2972 Exhibit A
3un~ ] ],
Page 9 [[ega[/agree/tc~-add]
1
2 TCI CABLEVISION OF WASHINGTON, INC.
4 By:. 'SHARON 'B~CK~R
5
Title: F~'SI~E~7~
7
STATE OF WASHINGTON )
8 )ss
COUNTY OF KING )
9
On this %%TH day of
e , 1998, before
1]
me, the undersigned, a Notary Public in and for the State of
12 Washington, duly commissioned and sworn, personally appeared
SHARON BECKER, to me known to the President of TCI CABLEVISION
13
OF WASHINGTON, INC., the corporation that executed the within
14
and foregoing instrument, and acknowledged the said instrument
15
to be the free and voluntary act and deed of said corporation,
18 for the uses and purposes therein mentioned, and on oath
17 stated that she is authorized to execute said instrument and
that the seal affixed is the corporate seal of said
18
corporation.
19 IN WITNESS WHEREOF, I have hereunto set my hand and
affixe_~,,' 'cial seal on the date hereinabove set forth.
_--'
{ ~ -- .. NOT~Y PUBLIC in and for of
23 ~ f~k%~~~ Washington, residing at
~ .
24 MY COMMZSSZON EXPZRES: 12J
26
TCIAddendumI
ResolutionNo. 2972E~ibitA
June 11,1998
Page l0 [tegat/agree/tci-add]
1 EXHIBIT "A"
2
FIBER OPTIC SPECIFICATIONS
3
4
5 Outdoor Fiber Specification
7 A totally non-metallic (Dielectric) gel-filled fiber optic
8 "loose tube" cable for all outdoor routes. The cable
9 purchased for these projects shall be capable of supporting
]0 high bandwidth applications, including FDDI and CATV. The
]1 fiber should meet or exceed the following specifications:
]2
13 A. Attenuation: ~1310 nm- 0.40 db/km
14 @1550 nm - 0.30 db/km
15 B. Tensile load rating: 600 lbs.
16 C. Core diameter: 8.3 um
17 D. Clad diameter: 125.0 +/- 1 um
E. Coating diameter: 250.0 +/- 15 um
18
F. Sheath: High Density Polyethylen
19
G. Bending radius: 20 times cable diameter
20 recommended
10 times cable diameter
21 minimum bend radius
22
H. Standards Belleore & EIA/TIA
23
24
25
26 .....................................
TCI Addendure I
Resolution No. 2972 Exhibit A
June 11, 1998
Page 11 [tegat/agree/tci -add]