HomeMy WebLinkAboutord1989-0564
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INTRODUCED BY: Consent
PROPOSED BY: Public Works Dept.
DATE INTRODUCED: 6 -15 -89
ORDINANCE NO. 89 -56
IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE
TO GLACIER CABLE PARTNERS LIMITED, FOR A PERIOD OF
25 YEARS PURSUANT TO STATE LAW AND SECTION 9.30 OF
THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE
AND MAINTAIN A CABLE COMMUNICATION SYSTEM WITHIN
SPECIFIED AREAS OF WHATCOM COUNTY.
WHEREAS, the Home Rule Charter for Whatcom County, Section 9.30 autho-
rizes the County Council to grant non - exclusive franchises for a fixed term not
to exceed 25 years for the use of any street, road or public place; and
WHEREAS, R.C.W. Chapter 36.55 provides that the County Council may
grant franchises to persons or private or municipal corporations to use that
right -of -way of County roads in their respective counties for the construction
and maintenance of water works, gas pipes, telephones, telegraph and electrical
light lines, sewers and other such facilities and including cable television
wires and other cable television facilities; and
WHEREAS, Glacier Cable Partners Limited, a limited partnership whose
general partner is a Colorado corporation, Sterling Venture II, subsidiary of
Sterling Communications of Colorado, hereinafter referred to as "the grantee,"
has applied for a 25 -year non - exclusive franchise to operate and maintain
coaxial cable along certain roads in Whatcom County, Washington, and notice of
this hearing having been duly published on the 21st and 28th days of
June , 1989, in the the official newspaper for Whatcom County,
and that it appearing to the County Council that notice of said hearing having
been given as required by law and that it is in the public interest to grant
the franchise for a period of 25 years; and
WHEREAS, in consideration of granting of the non - exclusive franchise,
Whatcom County shall receive a sum equivalent to four (4) percent ( %) of all
gross subscriber revenues from the operation and installation of cable facili-
ties and services and has agreed to the addition of certain administrative pro-
visions to the franchise as provided herein:
NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County,
Washington:
Section 1. Franchise Granted.
(a) A non - exclusive franchise for Glacier Cable Partners Limited, its
successors and assignees, referred to as the grantee, is hereby granted for a
ORDINANCE - 1.
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period of 25 years commencing on the date this ordinance shall become effective,
the non - exclusive rights and privileges to construct, erect, operate and main-
tain coaxial cable in, upon, along, across, above, over and under public County
roads, highways, alleys and other public ways and public properties of Whatcom
County now laid out or dedicated, and including all extensions thereof and addi-
tions thereto, the poles, wires, cables, underground conduit, manholes, and
other cable conductors and fixtures necessary for the maintenance and operation
of a cable communication system for the distribution of cable service,
including, but not limited to the carriage of television and radio signals and
the cable casting of programing.
(b) The rights and privileges granted herein shall apply to all roads
and public ways identified in Exhibit A, and upon the following express terms
and conditions, to wit:
Section 2. Acceptance of Franchise.
(a) No franchise hereunder shall become effective for any purpose
unless and until written acceptance therefore shall have been filed with the
Whatcom County Council and County Director of Public Works and such written
acceptance shall be in form and substance as shall be prescribed and approved by
the County Prosecuting Attorney and operate as an acceptance of each and every
term and condition and limitation contained in this ordinance, and in such
franchise;
(b) Such written acceptance shall be filed by Grantee not later than
the thirtieth day following the effective date of the ordinance granting such
franchise; and in default of the filing of such written acceptance as herein
required, Grantee shall be deemed to have rejected the same.
Section 3. Entering Rights of Way.
The Grantee, its successors and assignees, shall have the right and
authority to enter upon the above - mentioned County roads, rights -of -way and
other County property as designated hereinbefore, for the purposes of
constructing its transmission lines and all necessary facilities connected
therewith, and for repairing all such lines and facilities, and for operating
and maintaining said lines and facilities.
Section 4. Construction Standards.
All construction and installation work along, under or over County
roads or rights -of -way or other County property outside the corporate limits of
any incorporated town shall be subject to the approval and pass the inspection
of the Director of Public Works and shall conform to all applicable County,
State and Federal minimum standards, codes or regulations, and the County
expressly reserves the right to prescribe how and where mains, poles, lines, and
wires shall be installed and may from time to time upon reasonable notice,
require the removal and replacement thereof in the public interest.
ORDINANCE - 2.
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Section 5. Construction Application.
(a) Prior to commencement of construction of said transmission lines or
facilities, Grantee shall first file with the Director of Public Works its
application for permit to do such work, together with plans and specifications
in duplicate showing the position and location of all such lines and facilities
sought to be constructed, laid, installed or erected at that time, showing their
relative position to existing County roads, rights -of -way or other County pro-
perty upon plans drawn to scale, hereinafter collectively referred to as the
"map of definite location."
(b) The lines and appurtenant facilities shall be laid in substantial
compliance with said map of definite location, except in instances in which
deviation may be allowed thereafter in writing by the Director of Public Works
pursuant to application by Grantee. The plans and specifications shall specify
the class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection
of permanent structures, traffic control, traffic turnouts and road obstruction,
etc. No such construction shall be commenced without the Grantee first securing
a written permit from the Director of Public Works, including approval endorsed
on one set of plans and specifications returned to the Grantee. All such work
shall be subject to the approval of and shall pass the inspection of the
Director of Public Works. Any and all approvals required of the Director of
Public Works, pursuant to this section, shall not be unreasonably withheld. The
Grantee shall, in compliance with Whatcom County Ordinance No. 88 -79 (an ordi-
nance providing for the issuance of revocable encroachment permits for work in
County roads and rights -of -way) and County Development Standards, pay all permit
fees as required. The Grantee shall pay all actual and necessary costs of and
expenses incurred in the examination, inspection and approval of such work on
account of granting the said permits.
Section 6. Construction on Roadways /Other County Property.
(a) In any work which requires breaking of soil of the County roads,
rights -of -way or other County property subject to this Franchise for the purpose
of laying, relaying, connecting, disconnecting and repairing the said
transmission lines and facilities, and making connections between the same to
structures and buildings of consumers or making connections to other facilities
of the Grantee now in existence or hereafter constructed, the Grantee shall be
governed by and conform to the general rules adopted by the officers charged
with the supervision and care of such County roads, rights -of -way, and other
County property; and the Grantee at its own expense and with all convenient
speed shall complete the work for which the soil has been broken and forthwith
replace the work and make good the County road, rights -of -way or other County
property and leave the same in as good condition as before the work was com-
menced.
ORDINANCE - 3.
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(b) Applications for permits referred to in Section 5 above shall be
accompanied by specifications for the restoration of the County road, rights -of-
way or other County property and to the same or better condition as it was prior
to such breaking, and such specifications must be approved by the Director of
Public Works before such breaking of the soil is commenced. Provided, that the
Director of Public Works shall require compliance with the Whatcom County
Revocable Encroachment Ordinance ( Whatcom County Ordinance No. 88 -79) and County
Development Standards to insure that such County roads, rights -of -way or other
County property shall be restored to the same or better condition as it was
prior to the breaking of the soil. The Grantee, in addition to any other such
requirements contained herein, shall be subject to the conditions and penalties
as provided in Whatcom County Ordinance No. 88 -79.
(c) The Director of Public Works may at any time, do order, or have
done any and all work that is considered necessary to restore to a safe con-
dition any such County road, rights -of -way or other County property left by the
Grantee or its agents in a condition dangerous to life or property, and the
Grantee upon demand shall pay to the County all actual costs of such work.
Section 7. Construction - Other Lines and Facilities.
(a) All construction or installation of such lines and facilities,
service repair or relocation of same, performed over, above, along or under the
County roads, rights -of -way or other County property subject to this Franchise
shall be done -in such a manner as not to interfere with the construction and
maintenance of other utilities lines, public or private, drains, drainage
ditches and structures, irrigation ditches and structures located therein, nor
with the grading or improvement of such County roads, rights -of -way or other
County property.
(b) The owners of all utilities, public or private, installed prior in
time to the line and facilities of the Grantee shall have preference as to the
positioning and location of such utilities so installed with respect to the
Grantee. Such preference shall continue in the event of the necessity of relo-
cating or changing the grade of any such County road or right -of -way.
Section 8. Construction - Public Safety and Inconvenience.
All work done under this Franchise shall be done in a thorough and
workmanlike manner. In the laying of transmission lines and the construction of
other facilities and the opening of trenches, the tunneling under County roads,
rights -of -way or other County property, the Grantee shall leave such trenches,
ditches and tunnels in such a way as to interfere as little as possible with
public travel and shall take all due and necessary precautions to guard the
same, so that damage or injury shall not occur or arise by reason of such work;
and where any of such trenches, ditches, or tunnels are left open at night, the
Grantee shall place warning lights and barricades at such a position as to give
adequate warning of such work. The Grantee shall be liable for any injury to
person or persons or damage to property sustained through its carelessness or
neglect, or through any failure or neglect to properly guard or give warning of
any trenches, ditches or tunnels dug or maintained by the Grantee.
ORDINANCE - 4.
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Section 9. County Rights Reserved.
The County of Whatcom in granting this Franchise, does not waive any
rights which it has now or may hereafter acquire with respect to County roads,
rights -of -way or other County property and this Franchise shall not be construed
to deprive the County of any powers, rights or privileges which it now has or
may hereafter acquire to regulate the use of and to control the County roads,
rights -of -way or other County property covered by this Franchise. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Franchise itself shall have no value.
Section 10. Relocation of Lines and Facilities.
(a) If at any time, the County of Whatcom shall improve or change any
County road, right -of -way or other County property subject to this Franchise by
grading or regrading, planking or paving the same, changing the grade, altering,
changing, repairing or relocating the same or by constructing drainage facili-
ties, or in the event that such County road, right -of -way or other County pro-
perty subject to this Franchise shall become a Primary State Highway as provided
by law, the Grantee upon written notice from the Director of Public Works or the
Director of Highways, shall at its sole expense, within thirty (30) working days
change the location or readjust the elevation of its transmission lines and
other facilities so that the same shall not interfere with such County work and
so that such lines and facilities shall conform to such new grades or routes as
may be established. The County of Whatcom shall in no wise be held liable for
any damages to said Grantee that may occur by reason of any of the County's
improvements, changes or works above enumerated.
(b) All work to be performed by the Grantee under this section shall
be under the direction and approval, and shall pass the inspection of the
Director of Public Works. The Grantee shall pay all actual and necessary costs
and expenses incurred in the examination, inspection and approval of such work.
Section 11. County Road Work Permitted.
The laying, construction, operation and maintenance of the Grantee's
(transmission lines and facilities authorized by this Franchise shall not
preclude the County of Whatcom, its agents or its contractors from blasting,
grading, excavating or doing other necessary road work contiguous to the said
lines and facilities of the Grantee provided that the Grantee shall be given
forty -eight (48) hours notice of said blasting or other work in order that the
Grantee may protect its lines and facilities.
Section 12. Monuments and Survey Markers.
(a) Before any work is performed under this Franchise which may affect
any existing monuments or markers of any nature relating to subdivisions, plats,
roads and all other surveys, the Grantee shall reference all such monuments and
markers. The reference points shall be so located that they will not be
disturbed during the Grantee's operations under this Franchise. The method of
ORDINANCE - 5.
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referencing these monuments or other points to be referenced shall be approved
by the Director of Public Works. The replacement of all such monuments or other
points to be referenced shall be approved by the Director of Public Works. The
replacement of all such monuments or markers disturbed during construction shall
be made as expeditiously as conditions permit, and as directed by the Director
of Public Works. The cost of monuments or other markers lost, destroyed or
disturbed, and the expense of replacement by approved monuments shall be borne
by the Grantee.
(b) A complete set of reference notes for monuments and other ties
shall be filed with the Whatcom County Director of Public Works.
Section 13. Vacations.
If at any time the County of Whatcom shall vacate any County road,
right -of -way or other County property which is subject to the rights granted by
this Franchise and said vacation shall be for the purpose of acquiring the fee
of other property interest in said road, rights -of -way or other County property
for the use of Whatcom County, in either its proprietary or governmental capa-
city, then the Council of Whatcom County may at its option and by giving sixty
(60) days written notice to the Grantee, terminate this Franchise with reference
to such County road, rights -of -way or other County property so vacated, and the
County of Whatcom shall not be liable for any damages or loss to the Grantee by
reason of such termination.
Section 14. Indemnification.
(a) The Grantee by acceptance of the privileges granted hereunder,
does hereby agree and covenant to indemnify, defend, and save harmless Whatcom
County and those persons who were, are now, or shall be duly elected or
appointed officials or members or employees thereof, against and from any loss,
damage, costs, charges, expenses, liability, claims, demands or judgments what-
soever kind or nature whether to persons or property, arising wholly or par-
tially out of any act, action, neglect, omissions or default on the part of the
Grantee, his sub - contractors and /or employees which may occur by reason of
construction, operation and maintenance of the Grantee's said transmission lines
and facilities. In case that suit or action is brought against the County of
Whatcom for damages arising out of or by reason of the above - mentioned causes,
the Grantee will upon notice to him of the filing of a claim or the commencement
of said action, appear and defend the same at its sole cost and expense, and in
case judgment shall be rendered against the County of Whatcom in suit or action,
the Grantee will fully satisfy said judgment within ninety (90) days after said
suit or action shall have finally been determined, if determined adversely to
Whatcom County. Upon the Grantee's failure to satisfy said judgment within a
ninety (90) day period, this Franchise shall at once cease and terminate and the
County of Whatcom shall have a lien upon the tramsission lines and all other
facilities used in its construction, operation and maintenance of the Grantee's
transmission system which may be enforced against the property for the full
amount of any such judgment so taken against Whatcom County.
ORDINANCE - 6.
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(b) Acceptance by the County of any work performed by the Grantee at
the time of completion shall not be grounds for avoidance of this covenant.
Section 15. Non - Exclusive Franchise.
This Franchise shall not be deemed to be an exclusive franchise. It
shall in no manner prohibit the County of Whatcom from granting other franchises
of a like nature or franchises for other public or private utilities, under,
along., across, over and upon any of the County roads, rights -of -way, or other
County property subject to franchise, and shall in no wise prevent or prohibit
the County of Whatcom from construction, altering, maintaining, using or
vacating any of said roads, rights -of -way, drainage structures or facilities,
irrigation structures or facilities, or any other County property or affect its
jurisdiction over them with full power to make all necessary changes, reloca-
tions, repairs, maintenance, as the County may deem fit.
Section 16. Successors and Assignees.
All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors and assignees of the Grantee, and
all privileges, as well as all obligations and liabilities of the Grantee shall
inure to its successors and assignees equally as if they were specifically men-
tioned wherever the Grantee is mentioned herein.
Section 17. Transferability.
Neither this Franchise nor any interest therein shall be sold, trans-
ferred or assigned without the previous consent in writing of the Council of
Whatcom County, such consent not to be unreasonably withheld.
Section 18. Incorporation.
Whenever any of the County roads, rights -of -way or other County prop-
erty as designated in this Franchise, by reason of the subsequent incorporation
of any town or city, or extension of the limits of any town or city, shall fall
within the city or town limits this Franchise shall continue in force and effect
as to all County roads, rights -of -way or other County property not so included
in city or town limits.
Section 19. Construction /Extension Plan.
Five (5) years from the date of this Franchise, the rights conferred
hereby to the Grantee may, at the election of the Council of Whatcom County and
pursuant to notice, be terminated with respect to those County roads, rights -of-
way and other County property or portions thereof upon which the Grantee has not
laid, constructed and placed in operation its lines and facilities. The Grantee
shall extend its facilities and offer its services to all areas within the
franchise area which are contiguous to existing service areas, but which are not
currently served, provided there are 30 assured subscribers per mile of aerial
distribution cable (60 potential subscribers per mile of underground distribu-
ORDINANCE - 7
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tion cable) of new construction required. Such construction and services ren-
dered in new building areas will be subject to and governed by the provisions of
this franchise ordinance. If Grantee does not so extend its facilities and ser-
vices within a reasonable time, upon request made by subscribers, the County's
sole remedy shall be to terminate Grantee's rights as to such area not served as
set forth in the first sentence of this section.
Section 20. Installation Specifications.
In preparing plans and specifications for the installation of trans-
mission lines along or across County roads and rights -of -way, the Grantee shall
use as a guide the standards and specifications contained in the National
Electrical Safety Code (National Bureau of Standards); National Electrical Code
(National Bureau of Fire Underwriters); Bell System Code of Pole Line Construc-
tion; applicable FCC or other Federal, State or local codes and regulations;
State and municipal construction standards.
Section 21. Enforcement /Remedies.
(a) If the Grantee shall willfully violate, or fail to comply with
any of the provisions of this franchise through willful or unreasonable neglect,
or fail to heed or comply with any notice given the Grantee under the provisions
of this franchise, then the said Grantee shall forfeit all rights conferred
hereunder, and this Franchise may be revoked or annulled by the Council of
Whatcom County. In addition to any rights implied or set out elsewhere in this
ordinance, the Council reserves the right to apply, at its sole option, any one
or combination of the following in the event the company violates any provisions
of the franchise:
(1) Levy an assessment of actual damages.
(2) Reduce the duration of the franchise on such basis as the
arbitrator may deem reasonable and justified.
(3) Require a reduction in the company's rates by such amount or
amounts as may be necessary to remedy the violation.
(4) Require the company to make payments or refunds to its custo-
mers or classes of customers in such amount as may be necessary to remedy the
violation.
(5) Require the company to correct or otherwise remedy the viola-
tion prior to any consideration of implementation of rate increase if the viola-
tion relates to rates.
(6) Require the company to specifically comply with the terms and
conditions of the franchise ordinance.
ORDINANCE - 8
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(b) In the event of a dispute over a violation of the provisions of
this franchise either party may submit resolution of the violation to arbitra-
tion. The matter shall be determined by a board of three (3) arbitrators, all
of whom shall be citizens and taxpayers of the State of Washington, and shall be
selected as follows: One by the County Council, one by the Grantee, and one by
the two so appointed. Should the two arbitrators be unable to name a third,
such third arbitrator shall be named by a judge of the Superior Court for
Whatcom County. Said board shall make its decision in writing and file its
decision with the parties within sixty (60) days from the date of the appoint-
ment of the final arbitrator. The decision of the board shall be by a majority
vote and signed by at least two arbitrators. The written decision shall be
final and binding upon the parties.
Section 22. Eminent Domain /Reservation of Home Rule Charter Rights.
This franchise shall be subject to the power of eminent domain and the
right of the Council or the people acting for themselves through the initiative
or referendum to repeal, amend or modify the franchise in the interest of the
public. In any proceeding under eminent domain the franchise itself shall have
no value. This section sets forth the requirements of Section 9.30 of the
Whatcom County Home Rule Charter and shall remain in affect so long as the
charter provision is valid.
Section 23. Compliance with Laws and Regulations.
This franchise is subject to, and the Grantee shall comply with all
applicable Federal, State, County or municipal laws, regulations and policies
affecting performance under this franchise.
Section 24. Franchise Payments to County.
(a) In consideration of the granting of this Franchise and to compen-
sate Whatcom County for the Grantee's occupancy of County roads, rights -of -way
and other County property, as well as the expenses incurred in processing this
grant and to be incurred in connection with pedriodic inspections and control as
provided herein, the Grantee shall pay to Whatcom County, annually a sum
equivalent to four (4) percent ( %) of the gross subscriber revenues received
from the installation and operation of its facilities and /or services to patrons
served from lines, wires, cables or other devices installed along, under or over
public rights -of -way or across County property as herein granted. Said sum
shall be due and payable in United States dollars. The term "gross subscriber
revenues" is meant to include only those revenues derived from the supplying of
basic subscriber service; that is, the installation fees, disconnect and recon-
nect fees, and fees for regular cable benefits including the transmission of
broadcast signals and access and origination channels if any. It does not
include revenues derived from per - program or per - channel charges, leased channel
revenues, advertising revenues, or any other income derived from the system nor
shall such term include any taxes on ser vices furnished by the Grantee which
are imposed directly on any subscriber or user by the State, County or any
other governmental unit and collected by the Grantee on behalf of such govern-
mental unit.
ORDINANCE - 9
Date drafted: 5/25/89
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(b) The Grantee's annual payments shall be remitted no later than the
30th day following the end of the annual period covered by the payment. The
Grantee shall be subject to a penalty of ten percent (10 %) per annum of the sum
delinquent, during the term delinquent; and further provided that this franchise
and all rights and privileges granted hereunder shall terminate and be forfeited
if Grantee should exceed three months delinquent in the submission of the annual
payments hereunder required, after receiving written notice from Whatcom County
of the delinquency to the local systems office by certified mail.
Section 25. Franchise Payments to County Not In Lieu of Other Taxes.
Any franchise payments to the County by Grantee shall not be in lieu
of any occupation, income, license, or property tax or similar levy, assess-
ment, fee, or charge which would otherwise apply to and be payable by Grantee.
No privileges or rights granted hereunder shall exempt Grantee from any future
uniform rent, license, tax charge, or impost which may hereafter be required
by the Grantor, for revenue or as reimbursement for use and occupancy of
public ways, and failure to timely remit any sums properly due thereby, shall
be cause for forfeiture of rights hereunder.
Section 26. Inspection and Information.
(a) Grantee shall at all reasonable times, and to the extent neces-
sary to carry out the provisions of this ordinance, permit any duly -
authorized agent or representative of the County to examine all franchise
property of Grantee, together with any appurtenant property of Grantee
situated within or without the County, and to examine and transcribe all maps
and other records kept or maintained by Grantee, or under the control or
direction, or at the request of Grantee, which treat of the franchise opera-
tions, affairs, transactions, or property of the Grantee.
(b) Any of such maps or such other records which are not situated
within the County and which are not made available in the County within a reaso-
nable time after written request therefor by the Council or the Prosecuting
Attorney, shall be produced for examination wherever the same shall be situated
and Grantee shall pay all travel and other expenses necessary or reasonably
incurred by the County, its agents, and representatives in making such examina-
tion.
(c) Grantee shall prepare and furnish to the Director of Public Works,
at such times and in such form as prescribed by the Director, references and
materials with respect to the operations, affairs, transactions or property of
Grantee, as may be reasonably necessary or appropriate to the performance of any
of the duties of the County of Whatcom.
Section 27. Services to Consumers /Public.
(a) The Grantee shall:
ORDINA14CE - 10.
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(1) Correct malfunctions promptly, but in no event later than
twenty -four (24) hours after occurrence except for Acts of God and other con-
ditions beyond the control of the Grantee, in which cases the Grantee shall
correct the malfunctions with all deliberate speed.
(2) Promptly answer complaints by users.
(3) Give 24 -hour notice to users of planned interruptions of
service, insofar as is possible, and attempt to have such interruptions occur
during periods of minimum use of the system.
(4) Maintain an office within Whatcom County, which office shall
be open during all usual business hours, with its telephone listed in direc-
tories of the telephone company serving the County, which office shall be so
operated that complaints and requests for repairs or adjustments may be received
at any time, day or night, seven days a week; and provide notice of such office
and the Grantee's complaint procedure to each user at the time of initial
subscription to the system.
(5) Maintain a written record, or log, listing date of customer
complaints identifying the user and describing the nature of the complaint, and
when and what action was taken by Grantee in response thereto. Said record
shall be kept at Grantee's local office, for a period of five (5) years, and
shall be available for inspection during regular business hours, without further
notice or demand, by the manager.
(6) Provide services to consumers as delineated in the rate
schedule as provided herein.
(b) County Complaint Procedures. The Director of Public Works shall
have the primary.responsibility for the administration of complaints regarding
franchises and the County Executive shall approve procedures to be followed by
the Director in resolving and processing such complaints. In the event that
the parties cannot resolve the subscriber complaint to their mutual satisfac
tion, the subscriber is free to pursue all remedies available to him.
(c) To promote the health, safety and welfare of the citizens of
Whatcom County, the County Council may request, and the Company shall provide,
the following:
(1) At least one special designated non - commercial local origi-
nation channel available on a first come, non - discriminatory basis for the
purpose of public service programming and for use by local educational,
governmental and emergency authorities.
(2) The company shall provide, without charge, one service drop
(line) at each public facility designated by the County, that is passed by
existing cable up to a maximum of five (5) drops.
ORDINANCE - 11
Date drafted: 5/25/89
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Section 28. Insurance.
(a) Upon acceptance of such franchise, the Grantee shall file with
the Whatcom County Council, and shall thereafter, during the entire term of
such franchise, maintain in full force and effect, a corporate insurance
policy or other adequate surety agreement in the amount of FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) for property damage coverage, and THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) for public liability coverage, so as to protect
the County against damages or costs as set forth in Section 14 above, and
there shall be recoverable, jointly and severally from the principal and
surety, any such damages or costs suffered or incurred by the County, includ-
ing attorneys' fees and costs of any action, or proceedings, and including the
full amount of any compensation, indemnification, cost of removal of any pro-
perty or other costs which may be incurred up to the full principal amount of
such insurance policy; and said condition shall be a continuing obligation
during the entire term of such franchise and thereafter until Grantee shall
have satisfied in full any and all obligations to the County and any user
which arise out of or pertain to said franchise. Neither the provisions of
this section, nor any insurance policy accepted by the County pursuant hereto,
nor any damages recovered by the County thereunder, shall be construed to
excuse faithful performance by the Grantee, or limit the liability of the
Grantee under any franchise issued pursuant to this ordinance.
(b) The Prosecuting Attorney, at the request of the County Council,
may review the dollar amount of said insurance policy and adjust the amount of
coverage as deemed appropriate within each five years of the length of the
franchise.
Section 29. Repealers.
All other prior existing franchises granted to Glacier Cable Partners
Limited, shall be repealed, and the terms of the franchise granted hereunder
shall become effective at such time as an acceptance of franchise is filed by
the Grantee with the County in accordance with Section 2 herein.
Section 30. Severability.
If any portion,of the ordinance is deemed invalid, the remainder will
remain in effect.
Section 31. Titles.
The section titles used herein are for reference only and should not
be used for the purpose of interpreting this ordinance.
Section 32. Force Majeure Clause.
The Grantee shall not be deemed in default of any provisions of this
franchise or subjected to any penalties hereunder where performance or
ORDINANCE - 12
Date drafted: 5/25/89
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compliance is prevented by Acts of God, civil emergencies, national disasters
or acts of third parties that are neither agents, employees, nor affiliates of
the Grantee which are beyond the Grantee's reasonable abilities to control.
APPROVED this 6th day of July 1989
ATTEST:
ROm, Reeves
Clerk of the Council
APPROVED AS TO FORM:
Randall J. Watts, Chief Civil
Deputy Prosecuting Attorney
ORDINANCE - 13.
Date drafted: 5/25/89
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, NGW N
AMU 1 a U. n ads ey�
Chairperson
( APPROVED ( ) VETOED
SHIRLEY VAN ZA TEN
County Executive
Date:
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Section 16, Township 4014, Range 5E
Kendall Road
Limestone Road
Section 15, Township 4014, Range 5E
Limestone Road
Section 14, Township 4014, Range 5E
Limestone Road
Section 34, Township 40N, Range 5E
Kendall Road
Wheeler Road
East Wood Road
Section 3, Township 3914, Range 5E
East Wood Road
Section 35, Township 40N, Range 5E
East Wood Road
Section 36, Township 40N, Range 5E
Silver Lake Road
Section 30, Township 40N, Range 6E
Silver Lake Road
Section 19, Township 40N, Range 6E
Silver Lake Road
Section 2, Township 39N, Range 6E
Cornell Creek Road
Section 12, Township 39N, Range 6E
Cornell Creek Road
Section 1, Township 39N; Range 6E
Cornell Creek Road
Section 36, Township 40N, Range 6E
Canyon Creek Road
Section 25, Township 40N, Range 6E
Canyon Creek Road
Section 7, Township 39N, Range 7E
Coal Creek Road
ORDINANCE - 14
Date drafted: 5/25/89
EXHIBIT A
Section 8, Township 39N, Range 7E
Coal Creek Road
Glacier Creek Road
Chase Road
Section 5, Township 39N, Range 7E
Chase Road
Section 9, Township 39N, Range 7E
Glacier Creek Road
Section 4, Township 39N, Range 7E
Chase Road
Section 3, Township 39N, Range7E
Chase Road
Section 22, Township 40N, Range 5E
Kendall Road
Section 27, Township 40N, Range5E
Kendall Road
Section 22, Township 40N, Range 5E
Goldeh Valley Dr. Pony Express Way
Bellwood Dr.
Mosey Ct.
Hawthorne P1.
Limerick Way
Silver Spruce Way
Bell Ct.
Valley Ct
Shamrock Rd.
Ginkgo Dr.
Oak Ct.
Lilac Ln.
Ivy Ct.
Spruce Ct
Music Pl.
Elm Ct
Aspen Ct.
Juniper Pl
Hazel Ct.
Beech P1
Holly Ln.
Poppy Ln
Ash Ln
Fir Ln
Dolphin Way
Juniper Ln
Olive Way
Chestnut Dr
Blackfoot Pl.
Beaver Ct
Overland Trail
Pony Pl.
Section 27, Tonwship 40N, Range 5E
Santa
Fe Trail
Campers Corner
Apache
Dr.
Tory Trail
Oregon
Trail
Little Big Horn
Kiowa
Cut
Chateau Road
Chisom
Trail
Dardo Road
Navajo
Pl.
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Section 17 Township 37N, Range 4E
S. Lake Whatcom Boulevard
Section 20 Township 37N, Range 4E
S. Lake Whatcom Boulevard
Section 29 Township 37N, Range 4E
Cain Lake Road
S. Lake Whatcom Blvd
South Bay Drive
Section 32 Township 37N, Range 4E
Cain Lake Road
Camp Road
Section 21 Township 37N, Range 4E
Iowa Heights Road
South Bay Drive
Section 28 Township 37N, Range 4E
Iowa Heights Road
South Bay Drive
Section 15 Township 37N, Range 4E
Blue Canyon
Section 22 Township 3711, Range 4E
Blue Canyon
Section 27 Township 37N, Range 4E
South Bay Drive
Section 23 Township 37N, Range 4E
Blue Canyon Road
Park Road
South Bay Drive
Section 26 Township 37N, Range 4E
South Bay Drive
Park Road
Section 25 Township 37N, Range 4E
Park Road
Section 6 Township 37N, Range 5E
Turkington Road
Galbraith Drive
Mosquito Lake Road
Valley Highway
ORDINANCE - 15.
Date drafted: 5/25/89
EXHIBIT B
Section 7 Township 3711, Range 5E
Turkington Road
Galbraith Road
Valley Highway
Section 19 Township 37N, Range 5E
Valley Highway
Section 30 Township 37N, Range 5E
Park Road
Valley Highway
Innis Creek Road
Section 5 Township 37N, Range 5E
Mosquito Lake Road
Valley Highway
Section 8 Township 37N, Range 5E
Valley Highway
Rothenbuhler Road
Section 17 Township 37N, Range 5E
Valley Highway
Lay Road
Maleng Road
Saxon Road
Section 20 Township 37N, Range 5E
Valley Highway
Innis Creek Road
Doren Road
Saxon Road
Bowman Road
Section 29 Township 37N, Range 5E
Innis Creek Road
Section 32 Township 37N, Range 5E
Innis Creek Road
Section 16 Township 37N, Range 5E
Maleng Road
Saxon Road
Section 21 Township 3711, Range 5E
Saxon Road
Bowman Road
Section 27 Township 3711, Range 5E
Saxon Road
Section 22 Township 37N, Range 5E
Saxon Road
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Section 31 Township 37N, Range 5E
Valley Highway
Royer Street
Maple Street
School Street
Lynch Street
Wickersham Street
Meredith Street
Railroad Avenue
N.P. Road
Innis Creek Road
Section 28 Township 39N, Range 3E
Boyer Street
Market Road
Hannegan Road
E. Smith Road
E. Axton Road
Section 33 Township 39N, Range 3E
Hannegan Road
Kelly Road
E. Smith Road
Section 4 Township 38N, Range 3E
VanWyck Road
Hannegan Road
Kelly Road
Section 27 Township 39N, Range 3E
Starry Road
Market Road
Noon Road
E. Smith Road
E. Axton Road
Section 34 Township 39N, Range 3E
on Road
Kelly Road
Section 3 Township 38N, Range 3E
Kelly Road
Huntley Road
VanWyck Road
Noon Road
Section 10 Township 38N, Range 3E
VanWyck Road
Emerald Lake Road
Chance Road
ORDINANCE - 16.
Date drafted: 5/25/89
EXHIBIT B
(continued)
Section 26 Township 39N, Range 3E
Noon Road
Dinkel Road
E. Smith Road
Everson - Goshen Road
Section 35 Township 39N, Range 3E
E. Smith Road
Noon Road
Everson - Goshen Road
Harmony Road
Kelly Road
Section 2 Township 38N, Range 3E
Kelly Road
Everson - Goshen Road
Noon Road
Section 11 Township 38N, Range 3E
Emerald Lake Way
Section 12 Township 3911, Range 3E
Everson - Goshen Road
Mission Road
E. Pole Road
Central Road
Section 13 Township 39N, Range 3E
Central Road
Mission Road
E. Hemmi Road.
Everson - Goshen Road
Section 24 Township 39N, Range 3E
Everson - Goshen Road
Mission Road
E. Hemmi Road
Section 25 Township 39N, Range 3E
Everson - Goshen Road
Mission Road
E. Smith Road
Section 36 Township 39N, Range 3E
Wahl Road
E. Smith Road
Everson - Goshen Road
Kelly Road
Mission Road
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Section 1 Township 38N, Range 3E
Mission Road
Everson - Goshen Road
Kelly Road
Section 24 Township 38N, Range 3E
Agate Bay Lane
North Shore Road
Section 7 Township 39N, Range 4E
Mission Road
Roberts Road
Central Road
Section 18 Township 39N, Range 4E
Mission Road
Roberts Road
Martin Road
E. Hemmi Road
Section 19 Township 39N, Range 4E
E. Hemmi Road
Everson - Goshen Road
Fazon Road
Martin Road
Sand Road
Mission Road
Section 30 Township 39N, Range 4E
Mission Road
Sand Road
E. Smith Road
Section 31 Township 39N, Range 4E
E. Smith Road
Sand Road
Kelly Road
Section 6 Township 38N, Range 4E
Kelly Road
Mission Road
"Y" Road
Squalicum Lake Road
Sand Road
Section 7 Township 38N, Range 4E
Squalicum Lake Road
Henderson Road
"Y" Road
ORDINANCE - 17.
Date drafted: 5/25/89
EXHIBIT B
(continued)
Section 18 Township 38N, Range 4E
Squalicum Lake Road
"Y" Road
Jensen Road
Section 19 Township 38N, Range 4E
Lane Road
Jensen Road
"Y" Road
Squalicum Road
Section 30 Township 38N, Range 4E
"Y Road
North Shore Road
Section 8 Township 39N, Range 4E
Mack Road
Hopewell Road
Lawrence Road
Nooksack Road
Section 17 Township 39N, Range 4E
George Road
Lawrence Road
Section 20 Township 39N, Range 4E
Goshen Road
Cedarville Road
Sand Road
Section 29 Township 39N, Range 4E
E. Smith Road
Sand Road
Section 32 Township 39N, Range 4E
Eberly Road.
Kelly Road
Sand Road
E. Smith Road
Section 5, Township 38N, Range 4E
Sand Road
Kelly Road
Section 8 Township 38N, Range 4E
Henderson Road
"Y" Road
Section 17 Township 3811, Range 4E
Henderson Road
"Y" Road
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Section 20 Township 38N, Range 4E
Y' Road
Section 29 Township 38N, Range 4E
North Shore Road
Section 9 Township 39 N, Range 4E
Mack Road
Hopewell Road
Siper Road
Oat Coles Road
Goodwin Road
Section 16 Township 39 N, Range 4E
Lawrence Road
Siper Road
Osgood Road
Goodwin Road
Section 21 Township 39 N, Range 4E
Osgood Road
Goodwin Road
Lawrence Road
Section 28 Township 39 N, Range 4E
Cedarville Road
Allison Road
E. Smith Road
Lawrence Road
Section 33 Township 39 N, Range 4E
E. Smith Road
Kelly Road
Section 4 Township 38 N,' Range 4E
Kelly Road
Section 10 Township 39 N, Range 4E
Goodwin Road
Hopewell Road
Section 15 Township 39 N, Range 4E
Goodwin Road
Osgood Road
Section 22 Township 39 N, Range 4E
E. Hoff Road
Hatley Road
Lawrence Road
Osgood Road
ORDINANCE - 18.
Date drafted: 5/25/89
EXHIBIT B
(continued)
Section 27 Township 39 N, Range 4E
Putman Road
Deming Road
Mariott Road
Fins Road
E. Smith Road
Section 34 Township 39 N, Range 4E
E. Smith Road
Section 26 Township 39 N, Range 4E
Williams Road
Hilliard Road
Deming Road
Section 35 Township 39 N, Range 4E
Williams Road
Section 25 Township 39 N, Range 4E
McCawley Road
Deming Road
Williams Road
Pebley Road
Mitchell Road
Section 36 Township 39 N, Range 4E
Pebley Road
Mitchell Road
Section 13 Township 38 N, Range 4E
Hillside Road
Section 24 Township 38 IV, Range 4E
Hillside Road
Section 30 Township 39 N, Range 5E
Mitchell Road
Section 31 Township 39 IV, Range 5E
First Street
Alder Street
Sherman Street
Main Street
Water Street
Deming Street
Hollingsworth Street
Holmes Street
Marshall Hill Road
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Section 6 Township 38 N, Range 5E
Valley Highway
Section 7 Township 38 N, Range 5E
Caron Road
Potter Road
Section 18 Township 38 N, Range 5E
Potter Road
Caron Road
Hillside Road
Valley Highway
Section 19 Township 38N, Range 5E
Hillside Road
Strand Road
Valley Highway
Section 30 Township 38N, Range 5E
Valley Highway
Strand Road
Section 31 Township 38N, Range 5E
Valley Highway
Section 32 Township 39N, Range 5E
Marshall Hill Road
Hollingsworth Road
Holmes Road
Truck Road
Deal Road
Section 5 Township 38N, Range 5E
Rutsatz Road
Valley Highway
Section 8 Township 38N, Range 5E
Valley Highway
Potter Road
Schornbush Road
Section 17 Township 38N, Range 5E
Lind Road
Nelson Road
Valley Highway
Potter Road
ORDINANCE - 19.
Date drafted: 5/25/89
EXHIBIT B
(continued)
Section 20 Township 38N, Range 5E
Valley Road
Nelson Road
Strand Road
Clipper Road
Section 29 Township 38N, Range 5E
Standard Road
Clipper Road
Homesteader Road
Valley Highway
Section 32 Township 38N, Range 5E
Valley Highway
Homesteader Road
Section 28 Township 39N, Range 5E
James Street
Truck Road
Mosquito Lake Road
Section 33 Township 3914, Range 5E
Truck Road
Rutsatz Road
Deal Road
Marshall Hill Road
Section 4, Township 38N, Range 5E
Rutsatz Road
Section 9, Township 38N, Range 5E
Schornbush Road
Potter Road
Section 16 Township 38N, Range 5E
Lind Road
Section 28 Township 38N, Range 5E
Clipper Road
Section 4, Township 37N, Range 5E
Mosquito Lake Road
Section 15 Township 39N, Range 5E
North Fork Road
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Section 22 Township 39N, Range 5E
North Fork Road
Section 27 Township 39N, Range 5E
North Fork Road
Mosquito Lake Road
Truck Road
Section 34 Township 39N, Range 5E
Rutsatz Road
Mosquito Lake Road
Section 3, Township 37N, Range 5E
Mosquito Lake Road
Section 26 Township 39N, Range 5E
Mosquito Lake Road
Section 35 Township 39N, Range 5E
Mosquito Lake Road
Rutsatz Road
Section 2, Township 38N, Range 5E
Mosquito Lake Road
Section 11 Township 38N, Range 5E
Mosquito Lake Road
Section 14 Township 38N, Range 5E
Mosquito Lake Road
Section 23 Township 38N, Range 5E
Mosquito Lake Road
Section 26 Township 38N, Range 5E
Mosquito Lake Road
Section 35 Township 38N, Range 5E
Mosquito Lake Road
Section 2, Township 37N, Range 5E
Mosquito Lake Road
Section 12 Township 38N, Range 5E
Mosquito Lake Road
Section 13 Township 38N, Range 5E
Mosquito Lake Road
Section 24 Township 3811, Range 5E
Mosquito Lake Road
ORDINANCE - 20.
Date drafted: 5/25/89
EXHIBIT B
(continued)