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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. 23 24 25 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. 21 (f) Library/Senior Center - Installation will require 22 approximately 350 feet of trench to get fiber to the 23 electrical room. CITY will supply the trench. 24 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: 22 23 24 25 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]