HomeMy WebLinkAboutord1988-080i
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INTRODUCED 8 '
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PROPOSED B Public Works.
DATE INTRODUCED:. '
ORDINANCE NO. 88-80 `
AM ORDINANCE IN THE MATTER OF GRANTING A
NONEXCLUSIVE FRANCHISE TO T[L[COMM ASSOCIATES
FOR A PERIOD OF 25 YEARS PURSUANT TO STATE
LAW AND SECTION 9.30 OF THE NHATCOM COUNTY
HOME RULE CHARTER, TO OPERATE AND MAINTAIN
A CABLE COMMUNICATION SYSTEM WITHIN THE
UNINCORPORATED AREAS OF NHATCOM COUNTY.
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WHEREAS, the Home Rule Charter for Nhutcom County, Section 9.30
authorizes the County Council to grant non-exclusive franchises for u fixed term
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not to exceed 25 years for the use of any street, road or public place; and �
WHEREAS, R.C.W. Chapter 30.55 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
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and maintenance of wuter works, gas pipes, telephones, telegraph and electrical
light lines, severs and other such facilities and including cable television
wires and other cable television facilities; and
WHEREAS, Telecmmm Associates has applied for u 25-year mm-exclusive '
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franchise to operate and maintain coaxial cable along certain roads in Nhutcom
County, Washington, and notice of this hearing having been duly published on the
und doys of9 1988 in the Nestside Record Journal, the
official newspaper for Nhutcom 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 u period of25
years; and �
WHEREAS, in consideration of grunting of the non-exclusive franchise,
Nhutcom County shall receive u sum equivalent to four percent (4%) of all gross
subscriber revenues from the operation and installation of cable facilities and
services and has agreed to the addition of certain administrative provisions to
the franchise as provided herein:
0KD{HAMC[ - l.
Date drafted: 7/20/88
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NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom County,
Washington:
Section 1. Franchise Granted.
(a) A non - exclusive franchise
for Telecomm Associates, located in the
county of Whatcom, its successors and assignees,
referred to as the grantee, is
hereby granted for a period of 25 years
commencing on the date this ordinance
shall become effective, the non - exclusive
rights and privileges to construct,
erect, operate and maintain 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 exten-
sions thereof and additions thereto, the
poles, wires, cables, underground con-
duit, 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 listed as follows, and upon
the following express terms and
conditions, to wit:
Section 4, Township 37N, Range IE
Section 15, Township 37N, Range lE
Blizzard Road Nugent Road
Nugent Road Sunrise Cove Road
Centerview Road Tuttle Road
Seacrest Road Walnut Street
Hilltop Road
Sunrise Road
Section 5, Township 37N, Range 1E
Section 23, Township 37N, Range 1E
S. West Shore Drive
Baker Avenue Island Drive
Beach Avenue Jamison Street
Section 8, Township 37N, Range 1E
Cedar Avenue Mt. Vista Drive
Legoe Bay Road
Carol Avenue Rosewood Terrace
Cove Avenue Scenic Avenue
Section 9, Township 37N, Range 1E
Dogwood Terrace Scenic Drive
Antoinettes Lane Joans Lane
Hales Passage Dr.
Constitution St. Legoe Bay Road
Hilltop Road Nugent Road
Section 32, Township 38N, Range 1E
Island View Lane
Section 10, Township 37N, Range 1E
Nugent Road
Bayview Avenue Milton Avenue
N. West Shore Drive
Cedar Street Nugent Road
Taft Road
Kildonan Avenue Seacrest Drive
Maple Street Wildwood Terrace
Section 33, Township 38N, Range 1E
McLean Avenue
Lane Spit
Private Road (Constitution Street)
Nugent Road
Section 14, Township 37N, Range 1E
Seacrest Road
ORDINANCE - 2.
Date drafted: 7/20/88
1 Section 2. Acceptance of Franchise.
2 (a) No franchise hereunder shall become effective for any purpose
3 unless and until written acceptance therefore shall have been filed with the
4 Whatcom County Council and County Director of Public Works and such written
5 acceptance shall be in form and substance as shall be prescribed and approved by
6 the County Prosecuting Attorney and operate as an acceptance of each and every
7 term and condition and limitation contained in this ordinance, and in such
8 franchise;
g (b) Such written acceptance shall be filed by Grantee not later than
10 the thirtieth day following the effective date of the ordinance granting such
11 franchise; and in default of the filing of such written acceptance as herein
12 required, Grantee shall be deemed to have rejected the same.
13. Section 3. Entering Rights of Way.
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14 The Grantee, its successors and assignees, shall have the right and
15 authority to enter upon the above - mentioned County roads, rights -of -way and
16 other County property as designated hereinbefore, for the purposes of construct -
17 ing its transmission lines and all necessary facilities connected therewith, and
18 for repairing all such lines and facilities, and for operating and maintaining
19 said lines and facilities.
20 Section 4. Construction Standards.
21 All construction and installation work along, under or over County
22 roads or rights -of -way or other County property outside the corporate limits of
23 any incorporated town shall be subject to the approval and pass the inspection
24 of the Director of Public Works and shall conform to all applicable County,
25 State and Federal minimum standards, codes or regulations, and the County
26 expressly reserves the right to prescribe how and where mains, poles, lines, and
27 wires shall be installed and may from time to time upon reasonable notice,
28 require the removal and replacement thereof in the public interest.
29 Section 5. Construction Application.
30 (a) Prior to commencement of construction of said transmission lines
31 or facilities, Grantee shall first file with the Director of Public Works its
32 application for permit to do such work, together with plans and specifications
ORDINANCE - 3.
Date drafted: 7/20/88
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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. 79 -70 (an ordi-
nance providing for the issuance of revocable encroachment permits for work in
County roads and rights -of -way), pay all permit fees as required, and
Resolution No. 79 -21, (a resolution adopting standard specifications for utility
construction within County roads and rights -of -way). The Grantee shall pay all
actual and necessary costs of and expenses incurred in the examination, inspec-
tion 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
ORDINANCE - 4.
Date drafted: 7/20/88
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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.
(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 Whatcom County Ordinance
No. 79 -70 to insure that such County roads, rights -of -way or other County pro-
perty 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. 79 -70, existing or hereafter revised.
(c) The Director of Public Works may at any time, 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
ORDINANCE - 5.
Date drafted: 7/20/88
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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.
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.
ORDINANCE - 6.
Date drafted: 7/20/88
1 Section 10. Relocation of Lines and Facilities.
2 (a) If at any time, the County of Whatcom shall improve or change any
3 County road, right -of -way or other County property subject to this Franchise by
4 grading or regrading, planking or paving the same, changing the grade, altering,
5 changing, repairing or relocating the same or by constructing drainage facili-
6 ties, or in the event that such County road, right -of -way or other County pro-
7 perty subject to this Franchise shall become a Primary State Highway as provided
8 by law, the Grantee upon written notice from the Director of Public Works or the
9 Director of Highways, shall at its sole expense, within thirty (30) working days
10 change the location or readjust the elevation of its transmission lines and
11 other facilities so that the same shall not interfere with such County work and
12 so that such lines and facilities shall conform to such new grades or routes as
13. may be established. The County of Whatcom shall in no wise be held liable for
14 any damages to said Grantee that may occur by reason of any of the County's
15 improvements, changes or works above enumerated.
16 (b) All work to be performed by the Grantee under this section shall
17 be under the direction and approval, and shall pass the inspection of the
18 Director of Public Works. The Grantee shall pay all actual and necessary costs
19 and expenses incurred in the examination, inspection and approval of such work.
20 Section 11. County Road Work Permitted.
21 The laying, construction, operation and maintenance of the Grantee's
22 transmission lines and facilities authorized by this Franchise shall not pre -
23 clude the County of Whatcom, its agents or its contractors from blasting,
24 grading, excavating or doing other necessary road work contiguous to the said
25 lines and facilities of the Grantee provided that the Grantee shall be given
26 forty -eight (48) hours notice of said blasting or other work in order that the
27 Grantee may protect its lines and facilities.
28 Section 12. Monuments and Survey Markers.
29 (a) Before any work is performed under this Franchise which may affect
30 any existing monuments or markers of any nature relating to subdivisions, plats,
31 roads and all other surveys, the Grantee shall reference all such monuments and
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ORDINANCE - 7.
Date drafted: 7/20/88
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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
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
ORDINANCE - 8.
Date drafted: 7/20/88
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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.
(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 vacat-
ing any of said roads, rights -of -way, drainage structures or facilities, irriga-
tion 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
ORDINANCE - 9.
Date drafted: 7/20/88
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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 pro-
perty 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-
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.
ORDINANCE - 10.
Date drafted: 7/20/88
I Section 20. Installation Specifications.
2 In preparing plans and specifications for the installation of trans-
3 mission lines along or across County roads and rights -of -way, the Grantee shall
4 use as a guide the standards and specifications contained in the National
5 Electrical Safety Code (National Bureau of Standards); National Electrical Code
6 (National Bureau of Fire Underwriters); Bell System Code of Pole Line Construc-
7 tion; applicable FCC or other Federal, State or local codes and regulations;
8 State and municipal construction standards.
9 Section 21. Enforcement /Remedies.
10 (a) If the Grantee shall willfully violate, or fail to comply with any
11 of the provisions of this franchise through willful or unreasonable neglect, or
12 fail to heed or comply with any notice given the Grantee under the provisions of
13. this franchise, then the said Grantee shall forfeit all rights conferred here -
14 under, and this Franchise may be revoked or annulled by the Council of Whatcom
15 County. In addition.to any rights implied or set out elsewhere in this ordi-
16 nance, the Council reserves the right to apply, at its sole option, any one or
17 combination of the following in the event the company violates any provisions of
lg the franchise:
19 (1) Levy an assessment of actual damages.
20 (2) Reduce the duration of the franchise on such basis as the
21 arbitrator may deem reasonable and justified.
22 (3) Require a reduction in the company's rates by such amount or
23 amounts as may be necessary to remedy the violation.
24 (4) Require the company to make payments or refunds to its custo-
25 mers or classes of customers in such amount as may be necessary to remedy the
26 violation.
27 (5) Require the company to correct or otherwise remedy the viola -
28 tion prior to any consideration of implementation of rate increase if the viola -
29 tion relates to rates.
30 (6) Require the company to specifically comply with the terms and
31 conditions of the franchise ordinance.
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ORDINANCE - 11.
Date drafted: 7/20/88
1 (b) In the event of a dispute over a violation of the provisions of
2 this franchise either party may submit resolution of the violation to arbitra-
3 tion. The matter shall be determined by a board of three (3) arbitrators, all of
4 whom shall be citizens and taxpayers of the State of Washington, and shall be
5 selected as follows: One by the County Council, one by the Grantee, and one by
6 the two so appointed. Should the two arbitrators be unable to name a third,
7 such third arbitrator shall be named by a judge of the Superior Court for
8 Whatcom County. Said board shall make its decision in writing and file its
9 decision with the parties within sixty (60) days from the date of the appoint -
10 ment of the final arbitrator. The decision of the board shall be by a majority
11 vote and signed by at least two arbitrators. The written decision shall be
12 final and binding upon the parties.
13. Section 22. Eminent Domain /Reservation of Home Rule Charter Rights.
14 This franchise shall be subject to the power of eminent domain and the
15 right of the Council or the people acting for themselves through the initiative
16 or referendum to repeal, amend or modify the franchise in the interest of the
17 public. In any proceeding under eminent domain the franchise itself shall have
18 no value. This section sets forth the requirements of Section 9.30 of the
19 Whatcom County Home Rule Charter and shall remain in affect so long as the
20 charter provision is valid.
21 Section 23. Compliance with Laws and Regulations.
22 This franchise is subject to, and the Grantee shall comply with all
23 applicable Federal, State, County or municipal laws, regulations and policies
24 affecting performance under this franchise.
25 Section 24. Franchise Payments to County.
26 (a) In consideration of the granting of this Franchise and to compen-
27 sate Whatcom County for the Grantee's occupancy of County roads, rights -of -way
28 and other County property, as well as the expenses incurred in processing this
29 grant and to be incurred in connection with pedriodic inspections and control as
30 provided herein, the Grantee shall pay to Whatcom County, annually a sum
31 equivalent to an annual rate of four percent (4 %), paid quarterly, of the
32 gross subscriber revenues received from (continued on 13)
ORDINANCE - 12.
Date drafted: 7/20/88
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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 services 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 governmental
unit.
(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, assessment,
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 uni-
form 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.
ORDINANCE - 13.
Date drafted: 7/20/88
1 Section 26. Inspection and Information.
2 (a) Grantee shall at all reasonable times, and to the extent neces-
3 sary to carry out the provisions of this ordinance, permit any duly- authorized
4 agent or representative of the County to examine all franchise property of
5 Grantee, together with any appurtenant property of Grantee situated within or
6 without the County, and to examine and transcribe all maps and other records
7 kept or maintained by Grantee, or under the control or direction, or at the
8 request of Grantee, which treat of the franchise operations, affairs, transac-
9 tions, or property of the Grantee.
10 (b) Any of such maps or such other records which are not situated
11 within the County and which are not made available in the County within a reaso-
12 nable time after written request therefor by the Council or the Prosecuting
13_ Attorney, shall be produced for examination wherever the same shall be-situated
14 and Grantee shall pay all travel and other expenses necessary or reasonably
15 incurred by the County, its agents, and representatives in making such examina-
16 tion.
17 (c) Grantee shall prepare and furnish to the Director of Public Works,
18 at such times and in such form as prescribed by the Director, references and
19 materials with respect to the operations, affairs, transactions or property of
20 Grantee, as may be reasonably necessary or appropriate to the performance of any
21 of the duties of the County of Whatcom.
22 Section 27. Services to Consumers /Public.
23 (a) The Grantee shall:
24 (1) Correct malfunctions promptly, but in no event later than
25 twenty -four (24) hours after occurrence except for Acts of God and other con -
26 ditions beyond the control of the Grantee, in which cases the Grantee shall
27 correct the malfunctions with all deliberate speed.
28 (2) Promptly answer complaints by users.
29 (3) Give 24 -hour notice to users of planned interruptions of
30 service, insofar as is possible, and attempt to have such interruptions occur
31 during periods of minimum use of the system.
32
ORDINANCE - 14.
Date drafted: 7/20/88
1 (4) Maintain an office within Whatcom County, which office shall
2 be open during all usual business hours, with its telephone listed in direc-
3 tories of the telephone company serving the County, which office shall be so
4 operated that complaints and requests for repairs or adjustments may be received
5 at any time, day or night, seven days a week; and provide notice of such office
6 and the Grantee's complaint procedure to each user at the time of initial
7 subscription to the system.
8 (5) Maintain a written record, or log, listing date of customer
9 complaints identifying the user and describing the nature of the complaint, and
10 when and what action was taken by Grantee in response thereto. Said record
11 shall be kept at Grantee's local office, for a period of five (5) years, and
12 shall be available for inspection during regular business hours, without further
13, notice or demand, by the manager.
14 (6) Provide services to consumers as delineated in the rate
15 schedule as provided.herein.
16 (b) County Complaint Procedures. The Director of Public Works shall
17 have the primary responsibility for the administration of complaints regarding
18 franchises and the County Executive shall approve procedures to be followed by
19 the Director in resolving and processing such complaints. In the event that the
20 parties cannot resolve the subscriber complaint to their mutual satisfaction,
P1 the subscriber is free to pursue all remedies available to him.
22 (c) To promote the health, safety and welfare of the citizens of
23 Whatcom County, the County Council may request, and the Company shall provide,
P4 the following:
P5 (1) At least one special designated non - commercial local origi-
26 nation channel available on a first come, non - discriminatory basis for the pur-
27 pose of public service programming and for use by local educational, govern -
28 mental and emergency authorities.
29 (2) The company shall provide, without charge, one service drop
30 (line) at each public facility designated by the County, that is passed by
31 existing cable up to a maximum of five (5) drops.
32
ORDINANCE - 15.
Date drafted: 7/20/88
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
28
29
30
31
32
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 THOUSDAND DOLLARS
($500,000.00) for property damage coverage, and THREE HUNDRED THOUSDAND 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 reco-
verable, jointly and severally from the principal and surety; any such damages
or costs suffered or incurred by the County, including attorneys' fees and costs
of any action, or proceedings, and including the full amount of any compen-
sation, indemnification, cost of removal of any property 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 Telecomm Associates
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.
ORDINANCE - 16.
Date drafted: 7/20/88
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
28
29
30
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
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 October 1988
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Willial-
Chairperson
ATTEST: ( APPROVED ( ) VETOED
Ramona Reeves SHIRLEY VAN ZAKFEN
Clerk of the Council County Executive
(APPROVED AS TO FORM:
Civ
Deputy Pros cu ing Attorney
31
32
ORDINANCE - 17
Date drafted: 7/20/88
Date:
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
28
29
30
31
32
l
APPENDIX "A"
IN THE MATTER OF FRANCHISE ) ACCEPTANCE OF FRANCHISE
TELECOMM ASSOCIATES )
TELECOMM ASSOCIATES hereby accepts, subject to all the conditions
therein contained, that certain Franchise to lay, construct, erect, install,
operate, maintain, repair and /or replace telephone, telegraph and other telecom-
munications lines, equipment, facilities and apparatus, and all necessary appur-
tenances thereto, along, in, over, under and across certain public roads,
streets, highways and rights -of -way, now existing or hereafter established,
within Sections 4, 5, 8, and 9 of Township 37 North, Range 1 East, W.M., and
Sections 32 and 33 of Township 38 North, Range 1 East, W.M., Whatcom County,
Washington.
FRANCHISE granted on the day of 19 ,
is for a period of twenty -five (25 years.
TELECOMM ASSOCIATES
By: