The URL can be used to link to this page

Home My WebLink Aboutord1985-026L' 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 I DATE: April 4, 1985 U��i' z; INTRODUCED BY: Consent PROPOSED BY: Public Sex-vices ORDINANCE NO. 85 -26 AN ORDINANCE AMENDING NON- EXCLUSIVE FRANCHISE GRANTED TO DELTA CABLEVISION WHEREAS, on the 17th day of September, 1981, the Whatcom County Council granted a franchise to Delta Cable Television, Ltd., which provided a mechanism to adjust rates; and, WHEREAS, since this time other franchises were granted to other companies which also contain provisions for rate review; and, WHEREAS, the procedure provided for in the Ordinance of September 17, 1981 is more restrictive than the provisions provided for in Lhe ot.htr franchise ordinances; and, WHEREAS, this has caused a hardship for Delta Cable Television, Ltd. in having their rates reviewed in a timely fashion, leading Delta Cable Television to request the Whatcom County Council to amend their franchise agreement; and, WHEREAS, the Whatcom County Council, after reviewing the entire matter, feels that it would be equitable to amend Delta's franchise agreement so that they would be under the same terms and conditions concerning rate review as the other I I franchises granted in Whatcom County; and, WHEREAS, it would be in the public's best interest to allow Delta Cable Televison, Ltd. to compete comparably with other franchise companies in the area; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section 24 of the Ordinance granted on the 17th day of September, 1981, shall be amended as follows: ORDINANCE - 1. 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 Seetien -24. The--fepmula- and - Pates - fer- eempensatien- as- previded- herein- may- be- subjeet -te- review- and- medifieatien- duping -the- seeend- quartea' -ef- even-numb e reel-yea rs; - provided- that -the -party requesting-a- meeting- te- penegetiate- these -tea ' raas - shall -give- wa' itten- netiee -te- the- ethea°- party -at- least- thipty -k3G4 -days in- advanee, Rate -inea' eases -fer- regular- subsea=iber- serviee- shall- be- maintained- eensistent- with - additienal- sea=viees- previded- kineluding;- witheut - limitation;- additienal- broadeast- signal- eaa'piage4- and -inea' eases -in- eapital- and- eperating- eests- kineluding witheut- limitatien;- inepeased- eests- due- te- inflatien4. The- Geunty - Geuneil- expa'essly- a'eserves- ante- itself the- authea'ity- te- a'egulate- a'ates- when - and- if; -in- the- sele- diseretien ef- the - Geunty - Geuneil;- the - publie- intepest- se- Pequia'es;- ppeviding- that- the - Geunty - Geuneil - may - appeint- a- beapd- made -up- of -an- appointee frem-beth- the -ga' antes'- and - the- ga =antee;- whieh- appeietee- shall;- in-tua ' n; - appeint - the - this'd- membep -- Review -ef- subsea ' ibea' - pates -- may-be- initiated- by- eithea' -ga' antes ' -en- Grantee- upen- thipty -{3G4- days-wa'itten- netiee - -- Ale- ehange- in- subseribea'- pates- shall -be- effeeted- unless - and - until- they - shall - have - been- appreved -by- the- abeve- desea ' ibed- beard, Section 24. Consumer Rates a) Rate increases for reaular subscriber services shall be maintained and /or granted consistent with additional services provided (including, without limitation, additional broadcast signal carriage), increases in capital and operating costs (including, without limitation, increased costs due to inflation), and a reasonable rate of return on the qrantee's investment. (b) Rates may be instituted or increased only upon twenty (20) days written notice from the Grantee to the County Council, specifying the service for which the rate is proposed, the old or existina rate. the proposed new rate. and a rationale for the increase. (1) If, within twenty (20) days from receipt of such notice, the Council shall institute the rate review procedure set forth below, then the proposed rate charge(s) will be held in abeyance until determination by the Rate Review Board. If no action is taken by the Council within the twenty (20) day period, then the rate(s) may be used by the Grantee. ORDINANCE - 2. v, ,t, 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 (2) The I. of a proposed rate in writing of its II. to t-h,- Rate RP\Tl i-w rate review procedure shall be as follows: Within twenty (20) days of receipt of notice change, the Council shall notify the Grantee intention to institute the rate review procedure. The proposed rate change(s) shall be submitted Rna rri III. The Rate Review Board shall be a standing board as established by Ordinance of the Whatcom County Council. IV. The Rate Review Board shall hold at least one public hearing on the proposed rate and shall conduct its meetings in public. V. The Rate Review Board's decision shall be final and binding upon the parties, provided, however, the applicant may appeal the decision to the County Council within ten (10) days of the decision being given. The Board shall make its recommendation within 45 days of its receipt of the request for the proposed rate changes, unless an extension on time for a decision was agreed to by the Grantee and the County Council. (c) The Board shall have the authority to review the following rates, fees and charges: (1) Rates for the provision of basic services to residential subscribers; (2) Rates for the connection, installation and reinstatement of residential subscribers; (3) Any other rates as may be permitted under FCC rules; (d) The rates being charged on January 1, 1983 shall be the initial rates in effect under this franchise. PASSED this 2nd day of ATTE Clerk of -the Coun 1 ORDINANCE - 3. AZ ay 1985. WHATCOM COUNTY COUNCIL, WHATCOM/-CO,UNTY, WASHINGTON BY: WILLIAM P. ROEHL, Council Chairperson (/<APPR VED49., ( ) VETOED /.U.4 SHIRLEY VAN ZANTGFN, County Executive DATE: May 3. 1985 •A I. 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 APPROVED AS TO FORM: RAfq DAL V--,PJ\WT-S- Deputy ProsOJuti�g Attorney This Ordinance becomes effective on May 12, 1985 Published 4-10-85 and 5-8-85 IORDINANCE - 4. �/�r W y l/G�� DEPARTMENT Diw PUBLIC `N PREFIX 769 v ? Ck TY NO. 398 -1310 6;L ADMINISTRATION TO: RAMONA REEVES PAUL F. RUSHING CLERK OF THE COUNCIL DIRECTOR (206) 676 -6692 FROM: MARY C H I S H OL Brad A.anager Bennett, C.P.A. Fiscal Manag ADMINISTRATI VICES MANAGER (206) 676 -6863 Mary Chisholm Admin. Serv. Mgr. RE: DELTA CABLE TELEVISION LTD. CERTIFICATE OF INSURANCE (206) 67"886 316 Street Bellingham, DATE: SEPTEMBER 10, 1992 FAX (206) 738 -2521 DIVISIONS BUILDINGS & CODE In accord with the terms of Section 2$. Insurance, of the ordinance grant - Deputy Director ing a television cable franchise to Delta Cable Television Ltd., I am 284 W. Kellogg Rd., Suite D forwarding to you the Certificate of Insurance providing libability insur- Bellingham, WA 98226 (206)676- 6907/398 -1666 ante relative to the franchise in question. A copy has been retained in Inspections (206) 738 -2520 FAX (206) 738 -2525 the franchise file in this office. BUILDING MAINT. Please Call me if you have any questions. Jerry Gran Supt. of Bldgs. & Safety Bstnt. Public Safety Bldg. F em, WA 98225 (. 6 -6746 FA_ 1106) 738 -2521 ENGINEERING ENC. Edwin R. Henken, P.E. County Engineer Nasser Mansour, P.E. Asst. County Engineer 284 W. Kellogg Rd., Suite C Bellingham, WA 98226 (206) 676 - 6730/398 -1666 FAX (206) 676 -6558 MC: be EQUIP. RENTAL & MAINT. Warren E. Laing Fleet Control Manager 901 West Smith Road Bellingham, WA 98226 (206) 676 - 67591384 -3221 FAX (206) 384 -5279 FERRIES & DOCKS William K. Hawley Captain 316 Lottie Street Bellingham, WA 98225 (206) 676 -6692 FAX (206) 738 -2521 MAINT. & OPERATIONS Jeffrey M. Monsen, P.E Superintendent 901 West Smith Road Bellingham, WA 98226 (206) 676 - 6759/384 -3221 T' '206) 384 -5279 SO -1) WASTE Robert Juries, P.E. Solid Waste Manager 284 W. Kellogg Rd., Suite E Bellingham, WA 98226 (206) 676 - 7695/398 -1666 FAX (206) 738 -2525 no LM7 9 MTH 5EP 111992 WHATCOM COUNTY COUNCIL F5 - z� -TIU.- are ;!/ 1 WILSON M. BECK INSURANCE SERVICES INC. 2001 -4330 Kingsway, Burnaby, B.C. V51-1 4G7 Phone: (604) 437 -6200 Fax: (604) 437 -5347 September 1, 1992 Whatcom County 311 Grand Avenue Bellingham, Washington, USA 98225 RE: Delta Cable Television Ltd. Et al Enclosed please find: Endorsement(s). Certificate(s) of insurance. (Renewal) Certified copy(s) of insurance policy(s). Cancellation receipt for above noted policy. Please sign and return to our office. Release of interest for specific item(s) insured by the policy. Please sign and return to our office. Extra copy of endorsement. Please sign to indicate your agreement, and return to our office. We trust you will find the enclosed to be in order. Please contact our office should further information be required. Yours truly, xll�- CC. Delta Cable Television Ltd. Et al — ATTENTION: MR. JOHN THOMAS General Insurance & Contract Bond Brokers ;C( WILSON M. BECK INSURANCE SERVICES INC. 2001 -4330 Kingsway, Burnaby, B.C. V5H 4G7 \\ // (604) 437-6200 FAX: (604) 437 -5347 ][tENEG11AI.r CERTIFICATE OF INSURANCE ISSUED TO:- Whatcom County PROJECT DESCRIPTION:- All Operations of the Insured NAME OF INSURED:- Delta Cable Television Ltd. a/o Coast Cable Vision a/o Northwest Communications Ltd. a/o Suncoast Television Society a/o Guiness Communications Inc. This is to certify that insurances as described herein, have been arranged through this office for the Insured named above on whose behalf this Certificate is executed and we hereby certify that such insurances are in full force and effect as of this date, but only with respect to the type(s) of insurance for which a policy number, policy period, and limits of liability or amount is shown. SCHEDULE OF INSURANCE TYPE OF COMPANY AND EFFECTIVE & EXPIRY LIMIT OF LIABILITY /AMOUNT INSURANCE POLICY NUMBER DATES OF POLICY R§ LIABILITY Zm -ich Insurance EFFECTIVE SE�r 1/92 BODILY INJURY & PROPERTY DAMAGE INCLUDING ompaw — policy $ 000,000,00 INCLUSIVE NON -OWNED No. 8286i7q EXPIRY &a=hIm 143 $ AGGREGATE AUTOMOBILE PARTICULARS OF INSURANCE XPersonal Injury (Rxr� Broadcasters) EkPremises Property and Operations R30 Days Notice of Cancellation or Material Change EXProducts and Completed Operations MXXK €as Additional Insured ValatCCIM Cottnty EfBlanket Contractual (all written agreements) IN Severa¢Ilityof Interest or Cross Liability CFOwners and Contractors Protective IN POI If ficn Earl, Aim fkOccurence Bodily Injury and Property Damage R $250,00 Pmperty Damage Dedi1Ctible MBroad Form Property Damage ❑ • EXCESS OR EFFECTIVE $ LIMITS UMBRELLA LIABILITY EXPIRY EXCESS OF $ • BUILDERS RISK/ EFFECTIVE AT THE SITE INSTALLATION ANY OTHER LOCATION FLOATER EXPIRY TRANSIT PARTICULARS OF INSURANCE ❑ 30 Days Notice of Cancellation or Material Change • All Risk Form ❑ Excludes Faulty Workmanship, Faulty Material or Faulty • Flood Included Design but not loss resulting therefrom. • Earthquake Included ❑ ❑ Covers Owner as Additional insured ❑ ❑ Grants Permission for Occupancy prior to completion ❑ ❑ Waiver of Subrogation Against Additional Insured ❑ • CONTRACTORS EFFECTIVE ❑ Subrogation Waived Against Owner, Construction EQUIPMENT or Project Manager, Architects and Engineers. EXPIRY ❑ 30 Days Notice of Cancellation or Material Change • OTHER El INDICATES THAT THE COVERAGE/ENDORSEMENT INDICATED IS INCLUDED TERMS AND CONDITIONS This document is furnished as evidence to the Certificate holder named herein that the policy(ies) described herein have been effected to provide coverage as shown. This Certificate is subject to all the limitations, exclusions and conditions of the above policy or policies as they now exist, or may hereafter be endorsed. This document is furnished to you as a matter of information only. The issuance of this document does not makethe person or organization to whom it is issued an additional insured. nor does it modify in anymanner the contracts of insurance between the Insured and the Insurers. Any amendment. change or extension of such contracts can only be effected by specific endorsement attached thereto. Should the contracts of insurance be cancelled, assigned or changed during policy period in such manner as to of feet th is document. the Insurers will endeavour to give notice to the holder of this document, but failure to give such notice shall impose no obligation of any kind upon us or upon the Insurers. DATED September 1, 1992 WILSON M. BECK INSURANCE SERVICES INC. � 44 ZZAZ Authorized to sign on behalf of Insurers E.& O.E. Form WMB 101 - 91/9