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HomeMy WebLinkAboutord1989-1061 2 3 4 5 6 7 8 9 INTRODUCED BY: Consent PROPOSED BY: Public Works Dept. DATE INTRODUCED: 10 -5 -89 ORDINANCE NO. 89-106 IN THE MATTER OF GRANTING A NON- EXCLUSIVE FRANCHISE TO TELECOM ASSOCIATES, 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- -izes the County Council to grant non - exclusive franchises for a fixed term not :o 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 10 rant franchises to persons or private or municipal corporations to use that right -of -way of County roads in their respective counties for the construction 11 and maintenance of water works, gas pipes, telephones, telegraph and electrical light lines, sewers and other such facilities and including cable television 12 Wires and other cable television facilities; and 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, Telecom Associates, a sole proprietorship, hereinafter referred o as "the grantee," has applied for a 25 -year non - exclusive franchise to perate and maintain coaxial cable along certain roads in Whatcom County, ashington, and notice of this hearing haveing been duly published on the 8th nd 15th days of November , 1989, in the official newspaper or Whatcom County, and't -Fat it appearing to the County Council that notice of aid hearing having been given as required by law and that it is in the public nterest to grant the franchise for a period of 25 years; and WHEREAS, in consideration of granting of the non - exclusive franchise, hatcom County shall receive a sum equivalent to four (4) percent ( %) of all ross subscriber revenues from the operation and installation of cable facili- ies and services and has agreed to the addition of certain administrative pro - isions to the franchise as provided herein: NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County, ashington: Section 1. Franchise Granted. (a.) A non - exclusive franchise for Telecom Associates, its successors and assigns, referred to as the grantee, is hereby granted for a ORDINANCE - 1. Date drafted: 10/03/89 eriod of 25 years commencing on the date this ordinance shall become effective, he non - exclusive rights and privileges to construct, erect, operate and main - ain coaxial cable in, upon, along, across, above, over and under public County 1 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- 2 ions thereto, the poles, wires, cables, underground conduit, manholes, and other cable conductors and fixtures necessary for the maintenance and operation 3 of a cable communication system for the distribution of cable service, including, but not limited to the carriage of television and radio signals and 4 he cable casting of programing. 5 (b) The rights and privileges granted herein shall apply to all roads �nd public ways identified in Exhibit A, and upon the following express terms 6 nd conditions, to wit: 7 it Section 2. Acceptance of Franchise. 8 (a) No franchise hereunder shall become effective for any purpose nless and until written acceptance therefore shall have been filed with the 9 hatcom 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 he County Prosecuting Attorney and operate as an acceptance of each and every 10 �erm and condition and limitation contained in this ordinance, and in such 11 ranchise; 12 (b) Such written acceptance shall be filed by Grantee not later than he thirtieth day following the effective date of the ordinance granting such 13 franchise; and in default of the filing of such written acceptance as herein equired, Grantee shall be deemed to have rejected the same. 14 II Section 3. Entering Rights of Way. 15 The Grantee, its successors and assignees, shall have the right and authority to enter upon the above - mentioned County roads, rights -of -way and 16 )ther County property as designated hereinbefore, for the purposes of onstructing its transmission lines and all necessary facilities connected 17 therewith, and for repairing all such lines and facilities, and for operating 18 n maintaining said lines and facilities. 19 20 21 22 23 24 25 26 2.7 Section 4. Construction Standards. All construction and -installation work along, under or over County oads or rights -of -way or other County property outside the corporate limits of ny incorporated town shall be subject to the approval and pass the inspection f the Director of Public Works and shall conform to all applicable County, tate and Federal minimum standards, codes or regulations, and the County xpressly reserves the right -to prescribe how and where mains, poles, lines, and ires shall be installed and may from time to time upon reasonable notice, equire the removal and replacement thereof in the public interest. DINANCE - 2. to drafted: 10/03/89 Section 5. Construction Application. (a) Prior to commencement of construction of said transmission lines or acilities, Grantee shall first file with the Director of Public Works its pplication for permit to do such work, together with plans and specifications 1 in duplicate showing the position and location of all such lines and facilities ought to be constructed, laid, installed or erected at that time, showing their 2 elative position to existing County roads, rights -of -way or other County pro - erty upon plans drawn to scale, hereinafter collectively referred to as the 3 'map of definite location." 4 (b) The lines and appurtenant facilities shall be laid in substantial ornpliance with said map of definite location, except in instances in which 5 eviation may be allowed thereafter in writing by the Director of Public Works ursuant to application by Grantee. The plans and specifications shall specify 6 he class and type of material and equipment to be used, manner of excavation, onstruction, installation, backfill, erection of temporary structures, erection 7 f permanent structures, traffic control, traffic turnouts and road obstruction, Ac. No such construction shall be commenced without the Grantee first securing $ 1 written permit from the Director of Public Works, including approval endorsed n one set of plans and specifications returned to the Grantee. All such work 9 hall be subject to the approval of and shall pass the inspection of the irector of Public Works. Any and all approvals required of the Director of 10 ublic Works, pursuant to this section, shall not be unreasonably withheld. The rantee shall, in compliance with Whatcom County Ordinance No. 88 -79 (an ordi- 11 ance providing for the issuance of revocable encroachment permits for work in ounty roads and rights -of -way) and County Development Standards, pay all permit 12 ees as required. The Grantee shall pay all actual and necessary costs of and xpenses incurred in the examination, inspection and approval of such work on 13 Iccount of granting the said permits. 14 II Section 6. Construction on Roadways /Other County Property. 15 (a) In any work which requires breaking of soil of the County roads, iyhts -of -way or other County property subject to this Franchise for the purpose f laying, relaying, connecting, disconnecting and repairing the said 16 ransmission lines and facilities, and making connections between the same to 17 tructures and buildings of consumers or making connections to other facilities f the Grantee now in existence or hereafter constructed, the Grantee shall be 18 overned by and conform to -the general rules adopted by the officers charged ith the supervision and care of such County roads, rights -of -way, and other 19 ounty property; and the Grantee at its own expense and with all convenient peed shall complete the work for which the soil has been broken and forthwith eplace the work and make good the County road, rights -of -way or other County 20 roperty and leave the same in as good condition as before the work was com- enced. 21 22 23 24 25 26 27 IRDINANCE - 3. late drafted: 10/03/89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (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. Date drafted: 10/03/89 1 i 2 I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 9. County Riqhts 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 Survev 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 URDIIIANCE - 5. Date drafted: 10/03/89 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. Date drafted: 10/03/89 1. 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2.7 (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 Date drafted: 10/03/89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 2.0. 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 Date drafted: 10/03/89 (b) In the event of a dispute over a violation of the provisions of his franchise either party may submit resolution of the violation to arbitra- ion. The matter shall be determined by a board of three (3) arbitrators, all f whom shall be citizens and taxpayers of the State of Washington, and shall be elected as follows: One by the County Council, one by the Grantee, and one by 1 Lch e two so appointed. Should the two arbitrators be unable to name a third, third arbitrator shall be named by a judge of the Superior Court for 2 Jhatcom County. Said board shall make its decision in writing and file its ecision with the parties within sixty (60) days from the date of the appoint - 3 iient 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 4 1 final and binding upon the parties. 511 Section 22. Eminent Domain /Reservation of Home Rule Charter Rights. 6 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 7 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 8 no value. This section sets forth the requirements of Section 9.30 of the 6 County Home Rule Charter and shall remain in affect so long as the 9 charter provision is valid. 10 I! Section 23. Compliance with Laws and Regulations. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 This franchise is subject to, and the Grantee shall comply with all pplicable Federal, State, County or municipal laws, regulations and policies ffecting 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 1provided 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: 10/03/89 (b) The Grantee's annual payments shall be remitted no later than the 0th day following the end of the annual period covered by the payment. The rantee shall be subject to a penalty of ten percent (10 %) per annum of the sum elinquent, during the term delinquent; and further provided that this franchise and all rights and privileges granted hereunder shall terminate and be forfeited 1 f Grantee should exceed three months delinquent in the submission of the annual ayments hereunder required, after receiving written notice from Whatcom County 2 f the delinquency to the local systems office by certified mail. 3 11 Section 25. Franchise _Payments to County Not In Lieu of Other Taxes. 4 Any franchise payments to the County by Grantee shall not be in lieu f any occupation, income, license, or property tax or similar levy, assess - 5 nent, fee, or charge which would otherwise apply to and be payable by Grantee. o privileges or rights granted hereunder shall exempt Grantee from any future 6 iniform rent, license, tax charge, or impost which may hereafter be required y the Grantor, for revenue or as reimbursement for use and occupancy of 7 ublic ways, and failure to timely remit any sums properly due thereby, shall e cause For forfeiture of rights hereunder. 8 Section 26. Inspection and Information. 9 (a) Grantee shall at all reasonable times, and to the extent neces- 10 ary to carry out the provisions of this ordinance, permit any duly - uthorized agent or representative of the County to examine all franchise 11 roperty of Grantee, together with any appurtenant property of Grantee �ituated within or without the County, and to examine and transcribe all maps 12 nd other records kept or maintained by Grantee, or under the control or 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 irection, or at the request of Grantee, which treat of the franchise opera - ions, affairs, transactions, or property of the Grantee. (b) Any of such maps or such other records which are not situated ithin the County and which are not made available in the County within a reaso- able time after written request therefor by the Council or the Prosecuting ttorney, shall be produced for examination wherever the same shall be situated nd Grantee shall pay all travel and other expenses necessary or reasonably ncurred by the County, its agents, and representatives in making such examina- ion. (c) Grantee shall prepare and furnish to the Director of Public Works, �t such times and in such form as prescribed by the Director, references and iaterials with respect to the operations, affairs, transactions or property of ,rantee, as may be reasonably necessary or appropriate to the performance of any if the duties of the County of Whatcom. Section 27. Services to Consumers /Public. (a) The Grantee shall: DINANCE - 10. to drafted: 10/03/89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2_5 26 27 (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 2.4 -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: 10/03/89 1 2 3 4 5 6 7 ii 9 10 11 12 13 14 15 16 17 1.8 19 20 21 2_2 23 24 25 26 2.7 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: 10/03/89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 7th day of December , 1989 ATTEST: WHATCOM COUNTY COOUUN_CIL WHATCOM COUNTY,/WASHINGTON Ramona Reeves ld G. H se Clerk of the Council 'Chairpers ( ✓f APPROVED ( ) VETOED SHIRLEY VAN ZA EN APPROVED AS TO FORM: County Executive Date: David Cottingham, Civil Deputy Prosecuting Attorney ORDINANCE - 13. Date drafted: 10/03/89 Township 39 N. Range 4E Section 21 Siper Rd. Lind Rd. Lawrence Rd. Township 39 N. Range 4E Section 26 Deming Rd. Hilliard Rd. Mt. Baker HWY. Finrud Rd. Williams Rd. Scutvick Rd. Township 39 N. Range 4E Section 29 Knight Rd. Township 39 N. Range 5E Section 31 Mt. Baker HWY. Deming Rd. Mitchell Rd. Alder St. Township 39 N. Range 5E Section 32 EXHIBIT "A" Township 39 N. Range 4E Section 22 Hatley Rd. Hoff Rd. Township 39 N. Range 4E Section 27 Mt. Baker HWY. Putnum Rd. Deming Rd. Mariotta Rd. Lawrence Rd. Township 39 N. Range 4E Section 33 Mt. Baker HWY. Township 39 N. Range 5E Section 31 Marshall Hill Rd. Hollingsworth Rd. Holmes Rd. Sherman St. Township 39 N. Range 4E Section 32 Township 39 N. Range 4E Section 25 Mt. Baker HWY. Township 39 N. Range 4E Section 28 Mt. Baker HWY. Cedarville Rd. Allison Rd. E. Smith Rd. Township 39 N. Range 4E Section 34 E. Smith Rd. Township 39 N. Range 5E Section 31 First St. Main St. Water St. Township 39 N. Range 4E Section 36 Mt. Baker HWY. Mt. Baker HWY. Mt. Baker HWY. Marshall Hill Rd. E. Smith Rd. Deming Rd. Sand Rd. Pebley Rd. Eberly Rd. McCauley Rd. Kelly Rd.