HomeMy WebLinkAbout1684 RESOLMION NO .1. b 8 4': ..
3 A RFSO UMON OF TIE CI`1"Y CWNCIL OF 'ME CITY OF AUBURN,-MSHINGTON',
p AL�l'HORIZING:THE TRANSFER Or THE CABLE TELEVISION'FRANCHISE FROM ' .
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p V� G� P_W,CAhLE, INC.,.TO`'Imm7NICi�TIONS,..I1�ZC:
5
6•. WHIE S;. Group W Cable, Inc. , is presently, .the ,holder of a .cable.
;7 television franchise from the .City.of,Auburn,`,Washington;,• and
WHEREAS, Group W Cab &j. Inc. , ';a New York corporation ("Group .W Casal(Y"')
9: operAtes anti maintains a cable television,system;.in the City iob Auburn
10 .("Grant or") pursuant to that certain'franchise;; 1-icen`se,`der-mst. or otrier
11 authorization (as amended to the date _hereof-; the ""rr ranciiise").��r�urted by'
: 12 Grantor--•and evidenced by,.Ordinances No. 3297 and 332-9 and- Title''13:3G of
13
the Auburn-.Ci'ty Code (such cable telev si=oi?'• sy stein:-ancd the"Franchise 'beiriq Y '
14 • 'hereinafter* individually and collectively sozrtetimF_s referred to,,as the
.: 15' "`Systein;' ;:and
- 6 [�3ERF��S� Group W Cable°s parent corporationi .Westinghouse Broadcaster'
17 c-i Cable, 'Inc:, an Tnd]_ana.Corporation '("Westi'i house")', •desires Ito sell "
18 and atiierwise transfer all of the issued and outstandirig snares of the
•
19 :ca;?.ital stock of Group W Cable to Century' Southwest Cable Television; Iris..,'
20 ..a .Delaware corporation; .`PCI Holdings, Inc. , :a Colorado corpor_ation;'
21- American Television and' Comm nications'Corporation ('ATC ),,, a•.Delaware. -
22` '.corporation; and affiliates of, or subsidiaries or partnerships owned- or
23 controlled by, Houston Industries' Incorpora`ed;. a :Texas corpora 10i'41
. Concast Corporation; .:a Pennsylvari.ia corporation; Daniels & Associates,
25.
Inc. , ,a Delax,,are corporation; and ATC, as -are specifically-identified in..
f Exhibit•.B hereto ,(the foregoing entities being herein referred co' inci vic:i-'
2�
27 ually
'as •a "Buyer" and..cchectively as the "Buyers'') ,.'and thereby -t-ransfe_r•-
.( ..r
control° of 'Group W' Cable to tile.Buyer's; .and
n 49HER�AS, 'upon 1igtiidation,of Group W Cable, Ills. ;:'the Buyers intend to ••
30 -cause the, transfer of the System to a wholly-ovlflea_subs i di ary of Group W ;.
31, ,';Cable, Inc*. ' ('"GWC Affiliate":) ; and
-32
j WHEREAS, THE-•Buyers presently intend to cause Group. W Cable to,transfer
2 control: of the' System and"'the GWC`Affiliate to '1CI Cablevision of Washing—.-
3' ton, Inc.. (the "Transferee' ) ; a.Washington_-'corporation, dnd, an•affiliate-.of.'
4, 1-CI Holdings,, Inc. , as soon as practicable- after" the closing of the
foregoing stock sale .(the "Closing Date")-;,-,arid
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6. WHREAS; Granter, is willing to consent'to,:(i) the foregoing transfer• of
1
',7 control '.of Group,-W. Cable to -Buyers on. the Closing Date; (ii) the transfer
8` ' of, the system from Group'W Cable,, Inc. to the GWC Affiliate, and (Iii). --the- '
9. ' transfer of control„of the..,System and the GWC Affiliate to the Transferee,
10 after the 'Closing 'Date; and'
11 WHEREAS, pursuant'to the provisions of Auburn. Codified: City,Ordinance
12 . 13.36..050 'a public'hearing on said. transfer- request was held.before th6-
1-3 t Auburn City •Council on May-'S, •1986; and
' 1.4 WHEREAS, thereafter the Auburn City Council-agreed to' approve-'said
' ' - • -• /- - 15 transfer. : . - `` -- • . `'f' .. '• •- r . • .• - ,. .. ,� ...
'
16 -NOW, THEREFORE,.,THE CITY COUNCIL OF THE..CITY OF,.AUBURN:, WASHINGMN,:.IN .•.
1-7 A REGULAR 'MEETING DULY.`ASSEMBLED, HEREWITH RESOLVES THAT:
j$ The. cable televisiori franchise, presently held 'by, GROUP ?W CABLE.,-INC. ,,.'
Y9. transferred to TELECOMMUNICATIONSis authorized to;be . ' transfer.
,
20 of. franchise to be .official on June'l-, 1986,• and after the-date a duly'
21' executed copy-of an instrument in writings_ such as. a bill of sale ,or
'22 sinu;lar document; is -filed•with' the Office of the Director of -Public Works
'23 'for, the'City of Auburn within thirty (3U), days after 'such transfer.or-
1
' 24 assignment.
25' ;AND .BE' IT FURTHER. RESOLVED THAT there is -attached hereto and adopted by ,
= ' 26. r_Pfer_ence her_,eir. a copy of. Ordinance No:” 32a7, denominated as Exhibit'""A",
27 rela ing;;to the authorizatioir of a non-exclusive franchise "to operate a
28 cande..coamunications ."system within tYiz City of; Auburn; and`Ordinance
a copy"of.wY i29 No • '3325, s'attached hereto." denominated as Exhibi t-,"B",
30 'which amended Ordinance No. 320, and the 'terms of which are incorporated
31 by reference. herein, -and' Auburn 'Modified City Ordinance'Chapter 13.36 ;
32
J., 'pertaining.-to-CATV Sysrerds .d copy of wh ch is attached'hereto-,_•denaminated
2
as.Exhibit "C",•'and::the• terms: of which are• incorporated by,reference`
= 4` ^ - THE-•Mayor: is°_hereby authorized'to implement'sticYi administrative
5 ' procedures _as may be necessary.to carry out tYie directions_:of.,this legis- ;
lation., `
7 DATED and SIGNED this 19th, of May , - 19 86
- — ;—
,. g
9 CITY AUBURN
:10
Mayor. ---
13 7'
1.4
-L.:.ty Clerk
O:Phe ijnde-rsigned parties through their:duly `sele��ted re?resentatives,•
-herewitfi,accept'.and agree .to the terms `ands• conditions 6f' City,'of Auburn;
- . 1$ ;;: -
'-Resolution .No. .1684 and tYie�.'Exh bits 'attached,• thereto: ,
' 49
20 'GROUP W CABLE, INC.. :TCI'CABLEVISION;OE WASHING'T'ON;
22 :Dated this.//�day.of O f 19 Dated this /� day of 0�7�.; 1:9
-- -=
Vice President �Presid
27
Assistant Secretary Secretary
30
STATE OF WASHINGTON)
ss .
COUNTY OF, KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of
the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the
foregoing is a full, true and correct copy of Resolution No. 1684 of
the resolution of the City of Auburn, entitled "AN RESOLUTION. "
I certify that said Resolution No. 1684 was duly passed by the
Council and approved by the Mayor of the said City of Auburn, on the
19th day of May A.D. , 1986.
WITNESS my hand and the official seal of the City of Auburn,
this 27th day of March, A.D. , 1987.
CITY CLERK OF THE CITY OF AUBURN
CITY OF AUBURN
EXHIBIT "A"
ORDINANCE NO 3 2 9 7
AN ORDINANCE OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING A NON-EXCLUSIVE
FRANCHISE TO OPERATE A CABLE COMvMUNICATIONS
SYSTEM (CATV) WITHIN THE CITY LIMITS OF
THE CITY OF AUBURN, WASHINGTON .
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS :
SECTION I : PURPOSE : This Franchise shall constitute an
agreement between the City of Auburn and Clearview TV Cable of
Enumclaw, Inc . (Grantee) , to construct , maintain and operate a
CATV system for the distribution of television signals .
o
SECTION II : LENGTH OF FRANCHISE : The length of this
Franccise shall be for a term of 15 years from the date of acceptant
by the Grantee .
SECTION III : TERMS OF THE FRANCHISE : This Franchise granted
to Clearview TV Cable of Enumclaw, Inc . shall not be deemed to be
exclusive and shall not in any manner prevent the City of Auburn
from granting other or further franchises . The Grantee agrees to
all terms , conditions , requirements , obligations and duties as out-
lined in Ordinance No. 3286 dated June 19, 1978
of the City
of Auburn as passed by the Council of the City of Auburn, as may be
amended from time to time. A true and correct copy of said
Ordinance is attached hereto as Exhibit "A"
—— and incorporated
herein as if fully set forth.
SECTION IV: FRANCHISE FEE : Grantee shall pay unto the City
of Auburn, a sum more
particularly set forth in Ordinance 14o .
5 . 88 . 040 . Should the Franchisee_ at anv time becomes delinquent in
its Payment to the Grantor, this franchise may be revoked
by the resolution of the City Council after notice of this proposed
action is hives .
STATE OF WASHINGTON)
ss .
COUNTY OF KING }
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of
the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the
foregoing is a full, true and correct copy 'of Resolution No. 1684 of
the resolution of the City of Auburn, entitled "AN RESOLUTION. "
I certify that said Resolution No. 1684 was duly passed by the
Council and approved by the Mayor of the said City of Auburn, on the
19th day of May A.D. , 1986 .
WITNESS my hand and the official seal of the City of Auburn,
this 27th day of March, A.D. , 1987.
". -) /j)W? j
i
CITY CLERK OF THE CITY OF AUBURN
D-
,-6
EXHIBIT "B" E
ORDINANCE NO. 3 3 2 5
AN OkDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS III AND IV
01= AUBURN CITY ORDINANCE NO. 3297 (PASSED JULY 17, 1978) RELATING
TO THE NUN-LXCLUSIVE FRANCHISL TO OPERATE A CABLE COMMUNICATIONS
SYSTEM (CATV) WITHIN THE CITY LIMITS OF THE- CITY OF AUBURN,
' WASHINGTON.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1 , hnendment. Section III of Auburn City Ordinance No.
3297, is hereby amended to read as follows:
"Section III , TERMS OF THE FRANCHISE: This Franchise granted to
Clea•rview TV Cable of Enumclaw, Inc, shall not be deemed to be exclusive and
i
shall not in any manner prevent the City of Auburn froin granting other or
further franchises. The Grantee agrees to all terms , conditions, requirements , j
obligations and duties as outlined in Ordinance No. 3286, .dated June 19, 1978,
and amended by Ordinance No. 3321 , dated October 16, 1978, of the City of Auburn
as passed by the Council of the City of Auburn, as may—be amended from time to
time. ((A)) That true and correct ((eepy)) of said d_((AIQ iRamee)) Ordinance
( ( s) ) are attached hereto as Exhibit "A" and incorporated �e,rein as if fully set
forth. "
Section 2. Amendment. Section IV of Auburn City Ordinance No. 3297,
i
I is hereby amend-1 to read as follows:
I
"Section IV: FRANCHISE FEE: Grantee shall pay unto the City of Auburn,
-a sum more particularly set forth in Ordinance No. -
( (5.8d.948)) 3286, Section 23 and
1 _
amended by Auburn Cif Ordinance No. 3321 . Should the Franchisee at any time
becomes delinquent in its payment to the Grantor, this franchise may be revoked
by the resolution of the City Council after notice of this proposed action is
i
given. "
------------------
Ordinance No. 3325
Page One
10-11-78
e
• ` • . . tit' ,�:
" F 'SECTION V: AMENDMENT OF FRANCHISE: The Auburn City Council
Y
under its police powers reserves the right to amend any section of, '
this Ordinance at any time.
SECTION VI : CONDEMNATION: If, during the term of the franchis.
or any extension thereof, the City shall acquire by purchase or
condemnation any of Grantee 's property or assets maintained or
used hereunder, no greater sum shall be allowed for the value of
the rights herein
g granted, in addition to all other elements
affecting the value of such purchased or condemned property, than
the actual cost of obtaining the franchise .
SECTION VII : This Ordinance shall become effective upon its
Passage, approval and five days after its publication.
PASSED BY THE CITY COUNCIL this 17th day of July, 1978
C y C1er cC—WIL EE A. MCCONNEHEY
APPROVED BY THE Auburn City Council this 17th day of July, 1978.
t ayor STANL P. K kSE
APPROVL•'D AS TO FORM:
City At o ney JOHN Q, IIEREITER - - -
Date of Publication JULY 21 . 1978
i
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WATER, SEWERS AND PUBLIC UTILITIES
f
13.36.200 Emergency rights reserved to the city.
13.36.210 Construction and system expansion.
d hold harmless waiver of damages.
13.36.220 Indemnity an
13.36.230 Bond and insurance.
13.36.240 Payment of taxes.
13.36.250 Limitation and condition.
13.36.010 Purpose.
The purpose of this chapter is to set forth an integrated
statement of the conditions, rat d for artthe� construction,
obligations, duties and procedures
maintenance and operation of a system of cable television signal
'distribution within the city.
All cable television companies are required Parth�b o be
Communications Commission Rules C it 47,
regulated by the political subdivision within whose boundaries
they operate. (Ord. 3286 § 1, 1978.)
13.36.020 Franchise—Application requirements.
Each application for the granting andcable communications
to construct, operate or maintain any in
system upon a city righe A bu n dll e iorllof public hworks.eAt
a form approved by th
• the time of the application, the following information shall be
presented:
' A. A detailed statement of the business organization of the ;`r •
' applicant, including the following:
1. The names and addresses of all pers ols fivelpercent or
of, or being entitled to have or co�cant, either directly
more of the ownership of the app
or indirectly, and the respective ownership share of each
person,
2. The names, residences and business addresses of all
officers and directors of the applicant,
3. A detailed current certified pLcantclto statement contruct and/or
the resources
operate the proposed system; licant, which f
the operation of the ap
B. A detailed plan of p
630 ,
(Auburn 10-80)
CATV SYSTEMS
shall include:
1. A description of the cable district proposed to be served
and a proposed time schedule for installation in each
neighborhood or portion of the district,
.` 2. A statement or schedule setting forth all proposed
classifications with rates and charges of any kind to be
made against subscribers,
3. A description of the equipment to be utilized and
operation standards to be met as proposed by the
applicant,
4. A statement that the applicant is willing and able to
comply with all relevant federal, state and local regula-
tions regarding cable communications;
C. A valid certificate of compliance issued by the Federal
Communications Commission, or an application before the
Federal Communications Commission is required before
operating or maintaining transmission and distribution lines
for cable communications in the city.
(Ord. 3286 § 2, 1978.)
13.36.030 Franchise—Conditions.
Any CATV franchise shall not be deemed and held to be an
exclusive franchise or permit and shall not in any manner
prevent the city from granting other or further CATV franchises
or permits in, along, over, through, under, below or across any
rights-of-way, streets, avenues, or other public lands and
properties of every type and description; and such franchise or
permit shall in no way prevent or prohibit the city from using
any of- said roads, rights-of-way, streets or other public
properties or effect its jurisdiction over them or any part of
them, with full power to snake all necessary changes, reloca-
tions, repairs, maintenance, establishment, improvement,
dedication of same as the city may deem fit, including the
dedication, establishment, maintenance and improvement of
all new rights-of-way and thoroughfares and other public
properties of every type. (Ord. 3286 § 3, 1978.)
. 631 (Auburn 2-15-79)
WATER, SEWERS AND PUBLIC UTILITIES
13.36.040 Franchise—Term—Renewal—Termination.
A. Each franchise granted by the city under this chapter shall
be for a term of fifteen years from the date of acceptance
by the grantee and the grantee shall have the first option
for renewal for an additional fifteen years (after open and
full public hearings) as long as the grantee continues
satisfactory performance of its obligations under the
franchise.
B. The city may terminate the franchise by ordinance enacted
for such purpose in the event of the willful failure, refusal
or neglect by the grantee to do or comply with any material
and substantial requirements contained in this chapter,
or the rules and regulations of the Federal Communications
Commission adopted pursuant to this chapter.
(Ord. 3286 § 8, 1978.)
13.36.050 Franchise—Transfer of ownership.
A. Any franchise shall be a privilege to be held in personal
trust by the original grantee. It cannot be sold, transferred,
leased, assigned or disposed of in whole or in part, either
by forced or involuntary sale, merger, consolidation or
otherwise, without prior written approval of the city
council which shall be given only after a public hearing and
under the same terms and conditions as an original applica-
tion. Said application shall not be refused unless the council
finds that the public interest will not be served by the
proposed transfer.
B. In the event the grantee is a corporation, an assignment of
the franchise shall be deemed to occur if there is an actual
change in control or where ownership of more than fifty
percent of the voting stock of the grantee is acquired within
a one hundred eighty-day period by a person or a group of
persons acting in concert, none of whom already own fifty
percent or more of the voting stock singly or collectively. :.
Any such transfer or assignment shall be made only by an
instrument in writing, such as a bill of sale or similar
document, a duly executed copy of which shall be filed
with the office and the director of public works department 1
of the city within thirty days after such transfer or
(Auburn 2-15-79) 632
CATV SYSTEMS
assignment.
(Ord. 3286 § 16, 1978.)
13.36.060 Removal and relocation of facilities installed by
gran tee.
The grantee shall, at its sole cost and expense, protect,
* support, temporarily disconnect, relocate or remove from any
street or other public property any of its installation when so
required by the Auburn director of public works by reason of
traffic condition, public safety, street vacations, dedications of
new rights-of-way and the establishment of street grade or the
construction of any public improvement or structure by any
governmental agency acting in a governmental capacity;
provided, that the grantee shall in all such cases have the
privilege to temporarily bypass, in the authorized portion of
the same street or right-of-way, upon approval by the city, any
section of its cable or appurtenances to be so temporarily
disconnected or removed. (Ord. 3286 § 4, 1978.)
13.36.065 Conduits to be underground.
A. When a developer and/or landowner extends basic utilities,
to serve a livable building site, cable television conduits shall
be laid under ground at the same time as those other basic
utilities. This will include only the conduits needed for
street crossings and for mainline distribution of cable TV
throughout the development. All conduits ends shall be
brought to each individual property line elbowed to the
final ground elevation and capped.
-B. The developer and/or landowner shall absorb the cost re-
quired to install such cable TV conduit to each individual
property line, this includes conduit, trenching and
easements.
This will preclude the necessity for disturbing streets, side-
walks and alleyways when CATV service connections are
extended to serve any livable building site.
C. All conduit shall be installed according to CATV specifica-
tions with the approval of the city engineer.
(Ord. 3507 §§ 1-3, 1980.)
633 (Auburn 10-80)
WATER, SEWERS AND PUBLIC UTILITIES
13.36.070 Services provided to educational institutions and �J
other public buildings.
The grantee shall provide, if technically practicable, all
basic subscriber services and a tie-in connection without cost,
except for actual cost of labor, material and overhead costs, to
one outlet (TV connection) to each state-accredited public or
private educational institution and each building designated by
' the office, which is owned and controlled by the city or the
' . Auburn school district for public purposes and not residential
use, when such recommended building is within three hundred
feet of the distribution cable. (Ord. 3286 § 5, 1978.) > .
13.36.080 Compliance with federal, state and local
regulations.
All work done by the grantee pursuant to any franchise ;
shall be in full compliance with the National Electrical Safety
Code and all applicable laws of the state and ordinances of the
city. In the event that the grantee fails at any time to furnish
any required safeguards, signs, signals, and/or lights, or to
promptly backfill excavations as required by any law, ordinance
or regulation, then the city reserves the right to proceed as may
be required to so comply, and in such event the grantee agrees
and covenants to promptly reimburse the city for expenses of
such work. (Ord. 3286 § 6, 1978.)
13.36.090 Raising and moving of wires.
If the raising or moving of cable wires is required by any j
third party at any time to enable use of the streets, or other
public rights-of-way or properties, such party shall make written
application at least three days in advance of such required use,
and the grantee shall raise or move said cable, wires and/or
other equipment at the expense of such applicant, payable in
advance. The third party does not include the city or its agent.
(Ord. 3286 § 7, 1978.)
13.36.100 Pole setting—Permit required—Fee.
It is unlawful for any person to install a pole within a city
(Auburn 10-80) 634
n h'
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I,,
CATV SYSTEMS
right-of-way without first obtaining a permit to do so from the
general supervisor. The fee for said permit is fixed at ten dollars
per pole and shall be paid to the director of finance upon
application of the permit. (Ord. 3358 § 8, 1979.)
13.36.110 Rates and charges.
A. The grantee shall charge no more for basic services in the
:. city than is charged by the cable industry in surrounding
areas unless the grantee can show cause why such rates
should be higher.
B. The grantee shall keep on file with the city and the office
a copy of the current rates and charges for all services
offered.
C. The grantee shall give subscribers, the office and the city
sixty days' written notice of any changes in subscriber rates
and charges. The proposed new rates shall become effective
sixty days after receipt of such notice by the city utility
committee unless the utility committee calls a public
z:
.. 634-1 (Auburn 10-80)
�a
t
CATV SYSTEMS
hearing on the new rates and makes a recommendation to
the city council. The purpose of such a public hearing shall
be to determine if the proposed new rates are just and
reasonable.
(Ord. 3321 § 1, 1978: Ord. 3286 § 9, 1978.)
' 13.36.120 Modifications.
If any portion of this chapter should be inconsistent with
any rule or regulation now or herafter adopted by the Federal
Communications Commission, then to the extent of the
inconsistency, the rule or regulation of the Federal Communi-
cations Commission shall control for so long as such rule or
regulation remains in effect, but the remaining portions of this
chapter shall not be affected. (Ord. 3286 § 10, 1978.)
13.36.130 Equal employment opportunity and affirmative
action plan.
The grantee shall comply with the city's equal opportunity
and affirmative action plan adopted by council. The policy of
the city is to promote and afford equal treatment and service
to all citizens and assure equal employment opportunity to all �.
persons based on ability and fitness regardless of race, creed,
color, national origin, sex, physical, sensory or mental handi-
caps, age or marital status. This policy shall apply to every
4.
aspect of employment practices, employee treatment and public
contact. (Ord. 3286 § 11, 1978.)
13.36.140 Complaints procedure. -
The office shall investigate all subscriber complaints and
resolve them by conciliation, if possible. Complaints relative
to the provisions of this chapter which cannot be resolved by
conciliation may be appealed to the city utility committee for
review and their determination shall be final. (Ord. 3321 § 2,
1978: Ord. 3286 § 12, 1978.)
• I
635 (Auburn 2-15-79)
1
CATV SYSTEMS
2. Underground. Any resident may request and be con-
nected to the cable system at the standard connection
charge if the residence is within one hundred fifty feet
of an existing energized underground distribution cable,
provided the resident furnish an adequate trench and/or
route complying with county requirements at no cost
4 to the grantee. Any obstruction to the installation of
the cable, such as rockeries, driveways, sidewalks, r
landscaping, etc., would reclassify the installation as
nonstandard.
B. Nonstandard Installation.
1. Aerial. Where the residential cable outlet to be served is
more than one hundred fifty feet from an existing aerial
energized distribution cable, the resident shall be served,
if technically possible. The installation fee shall be
established based on time, material and overhead costs
and shall be collected in advance if so desired by the
grantee. -
2. Underground. Where the residence to be served is more
than one hundred fifty feet from an existing energized
underground distribution cable, the resident shall be
served, if technically possible, provided that an adequate
trench and/or route complying with city requirements
is available at no cost to the grantee, and that the
resident has arranged for the necessary easements over
or under private property. The installation fee shall be
established based on time, material, and overhead
costs and shall be collected in advance if so desired by
the grantee.
C. Line Extension of Aerial System. When the residence to be
served requires an extension of the existing aerial energized
distribution system, the grantee shall extend said system
one span or three hundred feet or multiples thereof(which-
ever is less); provided, there is sufficient signal strength at
the subscriber's television set to comply with the Federal
Communications Commission's rules and regulations, Part
76, subpart K, without additional amplifying devices. If,
however, additional amplifying devices are necessary, or
if the extension of the aerial energized distribution system
is more than one span or three hundred feet (whichever is
639 (Auburn 2-15-79)
WATER, SEWERS AND PUBLIC UTILITIES
less), the grantee may negotiate with the subscriber for the r
charge in excess of the prevailing subscriber rate and/or the
standard installation charge to cover the cost of time,
material and overhead.
D. Local Improvement Districts. The grantee shall participate
in all local improvement districts.
E. Arterial Conversion. For existing facilities, the grantee shall
place aerial facilities underground concurrently and in
cooperation with similar programs of the telephone and
power utilities. At no tune shall the cable system be the
only aerial facility. The grantee shall be entitled to be
compensated at the same basis as other utilities.
F. Construction Plan Requirements. The grantee shall within
six months from -executing its acceptance of a franchise
conforming to this chapter prepare and submit a construc-
tion plan. This plan shall consider the city's desire to make
_ cable service available to as broad a portion of the city's
., constituency as possible. This plan or design shall be
submitted to and approved by Auburn's public works
department and the office and shall include the following:
1. A definition of the proposed service area and the
proposed franchise boundaries;
2. A proposed schedule for construction of the encabled
portion within the geographic areas of the proposed
franchise. Such schedule shall reflect a two-year plan
period and shall be revised every two years thereafter.
Failure to have a construction plan in operation one
year after approval of the plan shall constitute an
abandonment of the rights and privileges under this
chapter and the franchise may be revoked with the
approval of the city council and the mayor.
G. System Expansion Limitation. Upon petition by the grantee,
the City council may defer, or indefinitely suspend, any
expansion required by this chapter, after showing by the
grantee that such expansion would cause unreasonable
' financial hardship to the grantee. Any such city council
decision shall be made by the council after a public
hearing(s) by the utility committee. The city council clerk
shall publish a notice of any such hearing in a newspaper of
general circulation in the vicinity of the franchise at least r
(Auburn 2-15-79) 640 ;•.fir;
�, °r:•.
CATV SYSTEMS
ten days prior to the hearing, setting forth the time and
place, when and where any person or persons having any
interest therein may appear before the council and be heard.
H. Construction Variances. The grantee is required in all cases -
to request and apply for all construction variances for
system extension, subscriber installation, or any other
variances that may be required by the city council utility
committee.
I. Miscellaneous items not mentioned above shall be
negotiated between the grantee and the potential
subscribers.
(Ord. 3321 §§ 4, 5, 1978; Ord. 3286 § 20, 1978.)
13.36.220 Indemnity and hold 1lannless waiver of damages.
A. The grantee, its successors and assigns shall indemnify and
hold harmless the city from any and all liabilities, fees,
costs and damages, whether, to person or property, or
expense of any type or nature which may accrue to the
city by reason of the construction, operation, maintenance,
repair and alteration of the grantee's facilities; provided,
however, that in case any suit or action is instituted against
the city by reason of any such damage or injury, the city
shall cause written notice thereof to be given unto the
grantee, and the grantee thereupon shall have the duty to
defend any such suit or action without cost or expense to
the city.
B. The grantee shall have no recourse whatever against the city
for any loss, costs, expense or damage arising out of or any
provision or requirement of any franchise or the
enforcement thereof. No privilege nor exemption will be
granted or conferred unto the grantee by any franchise
except those specifically prescribed in this chapter, and any
such privilege claimed under this franchise by the grantee i.
in any street or any subsequent improvement or installation
therein.
(Ord. 3286 § 21, 1978.)
641 (Auburn 2-15-79) ;
WATER, SEWERS AND PUBLIC UTILITIES
13.36.230 ' Bond and insurance.
A. The grantee shall, before construction, file a good and
sufficient bond or any other surety, as determined by the
city, executed by a surety company, authorized to do
business in the state, conditioned upon the faithful
performance of all duties and obligations to be performed
t by the grantee under the terms of this chapter, including
the payment of all cost arising out of all or any part of the
system from the city right-of-way when required by 1
termination of the franchise or any other cause, including
repair and restoration of damaged streets. Such bond shall
be renewed by the grantee annually and kept in full force
and effect at all times during the life of any franchise.
B. Any rights and privileges conferred by this chapter, and any
franchise granted pursuant thereto shall be null and void
and of no force and effect until the grantee shall file with
the proper evidence that it has in full force and effect and
will keep in full force and effect, during the life of the
franchise, public liability insurance, naming the city of
Auburn and the city of Seattle as additional insureds with
coverage of not less than one hundred thousand dollars per
person five hundred thousand dollars
! per accident, and
property damage liability of not less than one hundred
thousand dollars; provided, that where a single entity owns
and operates more than one franchise, the office may in its
discretion permit said entity to combine bonds and r'
insurance coverage required by this section.
(Ord. 3286 § 22, 1978.)
13.36.240 Payment of taxes.
A. Should the franchisee at any time become delinquent in
its payment of utility taxes to the grantor, this franchise
may be revoked by resolution of the city council after
notice of this proposed action is given.
B. Any company granted a franchise and franchise permit
pursuant to this chapter shall pay to the city, for the
privilege of operating and maintaining a community antenna
television system in the city, a sum equal to four percent of
the annual gross revenues taken in and received by the
(Auburn 2-15-79) 642
l - •
UTILITY EXTENSIONS
company from the operation
with a of such system_ minimum of one hundred dollars ,�r� in the city,
Semiannually on or I ' year
thirty-first of each before July thirty-first and pin a ry
with created a special�firndrnitoewhich onerpercent J`rnu l-c
annual franc]ise fee payments there is here
of said ,
*
P.11-Pose of financing ion will be deposited for the
City. g rebulation of cable television h
C' For the Y the
Purposes
poses of this section,
revenues" includes the accumulated montllnniial o
received b Aerating
Y the company, but excludes all sums receivlecicas
installation charges, char
inspections, re charges and fees for reconnections,
local, state pairs or to fic,rtions of installations, and the
and federal taxes on all charges made b
• company. '
(Urd. 3(i 73 1, 1981 ; Ord. 3321 6 1978. Ord. �, Y tlrc
•
1978.)
.3286 § -13,
13.36.250 Limitation and condition.
No grantee nor ally ma or
ir:directly
engage, J stockholder shall directly or
babe within the city in the
Teasing, renting, servicin * business
or other receivers or parts thereof pirin g of selling
broadcast entertainment signals, i radio or television sets tile
which make use of standard
Shall prevent the provided
grantee from making , that nothing herein
tuner input circuit b modifications to
the fine of the subscribers television receivers and
tuning of the
insure prober operation customers operating controls only
At the time under conditions of tr,
Of installation cable connection
complaint, or from the selling, In
response to subscriber
and other equipment g, servicing or repairing
Operators for belonging to other pairing receivers
however, use in the conduct of their businesses; system
this section shall be
of competent deemed void if held by a cour;
laws regarding to be in violation of Y a court
b rrding to
of-trade. (Ord. 32x6 f state or federal
78.)
642-1
(Aubur❑ 10-81)