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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 ' . r 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 r 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 i t 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' :f 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)