HomeMy WebLinkAboutord1984-06033
I DATE May 17, 1.984 INTRODUCED BY Consent
2 PROPOSED BY Public Services Com.
3 ORDINANCE NO. r 84-60
4 AN ORDINANCE IN THE MATTER OF GRANTING A NON-
EXCLUSIVE FRANCHISE TO NATION WIDE CABLEVISION,
5 INC., FOR A PERIOD OF 10 YEARS PURSUANT TO
STATE LAW AND SECTION 9.30 OF THE WHATCOM
6 COUNTY HOME RULE CHARTER, TO OPERATE AND MAIN-
TAIN A CABLE COMMUNICATION SYSTEM WITHIN THE
7 UNINCORPORATED AREAS -OF WHATCOM COUNTY
8 WHEREAS, the Home Rule Charter for Whatcom County, Section 9.30
g. authorizes the County Council to grant non - exclusive franchises for a fixed
10 term not to exceed 25 years for the use of any street, road or public place;
11 and
12 WHEREAS, R.C.W. Chapter 36.55 provides that the County Council may
13 grant franchises to persons or private or municipal corporations to use that
14 right -of -way of County roads in their respective counties for the construction
15 and maintenance of water works, gas pipes, telephones, telegraph and electrical
16 light lines, sewers and other such facilities and including cable television
17 wires and other cable television facilities; and
18 WHEREAS, Nation Wide Cablevision, Inc. has applied for a 25 -year non-
19 exclusive franchise to operate and maintain coaxial cable along certain roads
20 in Whatcom County, Washington, and notice of this hearing having been duly
21 published on the 6th and 13th days of June, 1984, in the Westside Record -
22 Journal, the official newspaper for Whatcom County, and that it appearing to
23 the County Council that notice of said hearing having been given as required
24 by law and that it is in the public interest to grant the franchise for a
25 period of 10 years; and
26 WHEREAS, in consideration of granting of the non - exclusive franchise,
27 Whatcom County shall receive a sum equivalent to four (4) percent M of all
28 gross subscriber revenues from the operation and installation of cable facili-
29 ties and services and has agreed to the addition of certain administrative pro -
30 visions to the franchise as provided herein:
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32 ORDINANCE - 1.
Draft 3 - dated 5/3/84 revised 6/25/84
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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
Nation Wide Cablevision, Inc.,
located in the county of Whatcom, its successors
and assignees, referred to as
the grantee, is hereby granted for a period
of 10 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 extensions thereof and additions
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 listed as follows, and
upon the following express terms
and conditions, to wit:
SECTION 7 Township 38 North
Range 3 East
Kellogg Avenue
East Bakerview Road
Prince Avenue
Guide Meridian Road
Landon Avenue
James Street Road
Cammack Road
Van Wyk Road
SECTION 18 Township 38 North
Range 3 East
James Street Road
Deemer Road
SECTION 17 Township 38 North
Range 3 East
Telegraph Road
James Street Road
Washington Street
East Bakerview Road
Hannegan Road
SECTION 8 Township 38 North
Range 3 East
East Bakerview Road
King Avenue
Cougar Road
King Mountain Road
James Street Road
Montgomery Road
Frances Avenue
Hannegan Road
ORDINANCE - 2.
Draft 3 - dated 5/3/84 revised 6/25/84
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SECTION 9
Township 38 North
Range 3 East
East Bakerview Road
Hannegan Road
Ross Street
Mount Baker Highway
Dewey Road
Chance Road
Van Wyk Road
SECTION 16
Township 38 North
Range 3 East
Mount Baker Highway
East Bakerview Road
Dewey Road
Hannegan Road
SECTION 15
Township 38 North
Range 3 East
All roads and streets
within the developments of Tweed
Twenty, Greenville East and Sommerset.
Britton Road
Emerald Lake Way
Hillsdale Road
Brownsville Drive
Haggen Road
Cindy Lane
Toad Lake Road
Gala Loop
SECTION 22
Township 38 North
Range 3 East
Haggen Road
Toad Lake Road
SECTION 14
Township 38 North
Range 3 East
Toad Lake Road
Emerald Lake Way
SECTION 23
Township 38 North
Range 3 East
Toad Lake Road
Academy Road
Donald Road
SECTION 26
Township 38 North
Range 3 East
Edgewater Lane
Dellesta Drive
Northshore Road
Donald Road
SECTION 25
Township 38 North
Range 3 East
Northshore Road
Agate Bay Lane
SECTION 24
Township 38 North
Range 3 East
Blue Canyon Road
Northshore Road
Agate Bay Lane
SECTION 19
Township 38 North
Range 4 East
"Y" Road
Jensen Road
Lindquist Road
Agate Bay Lane
SECTION 30
Township 38 North
Range 4 East
Northshore Road
Agate Bay Lane
"Y" Road
SECTION 31
Township 3S,North
Range 4 East
Northshore Road
ORDINANCE - 3.
Draft 3 - dated 5/3/84
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SECTION 32 Township 38 North
Northshore Road
SECTION 5 Township 37 North
Northshore Road
SECTION 18 Township 38 North
Jensen Road
"Y" Road
SECTION 17 Township 38 North
"Y" Road
SECTION 8 Township 38 North
"Y" Road
SECTION 7 Township 38 North
Squalicum Lake Road
"Y" Road
SECTION 6 Township 38 North
Mount Baker Highway
Squalicum Lake Road
"Y" Road
SECTION 5 Township 38 North
Sand Road
Mount Baker Highway
SECTION 12 Township 38 North
Mount Baker Highway
SECTION 1 Township 38 North
Mission Road
Mount Baker Highway
SECTION 32 Township 39 North
Kelly Road
Jacobson Road
Mount Baker Highway
SECTION 29 Township 39 North
East Smith Road
SECTION 33 Township 39 North
East Smith Road
SECTION 28 Township 39 North
Mount Baker Highway
Allison Road
ORDINANCE - 4.
Draft 3 - dated 5/3/84 revised 6/25/84
Range 4 East
Range 4 East
Range 4 East
Squalicum Lake Road
Henderson Road
Range 4 East
Henderson Road
Range 4 East
Henderson Road
Range 4 East
Henderson Road
Mount Baker Highway
Range 4 East
Kelly Road
Mission Road
Sand Road
Range 4 East
Kelly Road
Range 3 East
Range 3 East
Kelly Road
Everson - Goshen Road
Range 4 East
Sand Road
East Smith Road
Range 4 East
Range 4 East
Mount Baker Highway
Range 4 East
East Smith Road
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SECTION 31 Township 39 North
Sand Road
Kelly Road
SECTION 30 Township 39 North
East Smith Road
SECTION 25 Township 39 North
East Smith Road
SECTION 36 Township 39 North
Kelly Road
East Smith Road
SECTION 35 Township 39 North
Everson - Goshen Road
Harmony Road
Kelly Road
SECTION 26 Township 39 North
East Smith Road
SECTION 2 Township 38 North
Everson - Goshen Road
Mount Baker Highway
SECTION 11 Township 38 North
Mount Baker Highway
Sapphire Trail
SECTION 10 Township 38 North
Mount Baker Highway
Britton Road
Emerald Lake Way
Ruby Place
Agate Road
Chance Road
Diamond Loop
SECTION 3 Township 38 North
Van Wyk Road
Noon Road
SECTION 34 Township 39 North
Noon Road
East Smith Road
SECTION 27 Township 39 North
East Smith Road
Market Road
ORDINANCE - 5.
Range 4 East
East Smith Road
Mission Road
Range 4 East
Range 3 East
Range 3 East
Everson - Goshen Road
Wahl Road
Range 3 East
East Smith Road
Noon Road
Range 3 East
Dinkle Road
Range 3 East
Kelly Road
Noon Road
Range 3 East
Emerald Lake Way
Range 3 East
Jasper Place
Malachite Road
Pebble Beach Trail
Van Wyk Road
Noon Road
Jade Place
Range 3 East
Huntley Road
Kelly Road
Range 3 East
Kelly Road
Range 3 East
Starry Road
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SECTION 28 Township 39 North
East Smith Road
Market Road
SECTION 33 Township 39 North
East Smith Road
Kelly Road
SECTION 4 Township 38 North
Van Wyk Road
Hannegan Road
SECTION 5 Township 38 North
Hannegan Road
SECTION 6 Township 38 North
Guide Meridian
Horton Road
SECTION 1 Township 38 North
Guide Meridian
SECTION 12 Township 38 North
Guide Meridian
SECTION 11 Township 38 North
Aldrich Road
Pickett Road
SECTION 2 Township 38 North
Aldrich Road
SECTION 35 Township 39 North
Aldrich Road
SECTION 15 Township 38"North
Old Marine Drive
SECTION 16 Township 38 North
Marine Drive
Fort Bellingham Road
Bancroft Road
Country Lane
Howard Avenue
Griffith Avenue
SECTION 9 Township 38 North
Country Lane
Wynn Road
Jones Lane
ORDINANCE - 6.
Range 3 East
Hannegan Road
Range 3 East
Hannegan Road
Range 3 East
Kelly Road
Range 3 East
Van Wyk Road
Range 3 East
Van Wyk Road
Range 2 East
Aldrich Road
Range 2 East
Aldrich Road
Range 2 East
West Maplewood Avenue
Pacific Highway
Range 2 East
Range 2 East
Range 2 East
Range 2 East
Island View Drive
Olympic Way
Jones Lane
Bayon Road
Hoff Road
Range 2 East
Curtis Road
Skagit Avenue
Hoff Road
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SECTION 10 Township 38 North
Wynn Road
SECTION 3 Township 38 North
Pacific Highway
SECTION 34 Township 39 North
Pacific Highway
SECTION 33 Township 39 North
Pacific Highway
SECTION 17 Township 38 North
Bayon Road
Marine Drive
SECTION 8 Township 38 North
Hoff Road
Country Lane
Rural Avenue
SECTION 13 Township 37 North
Chuckanut Drive
SECTION 17 Township 37 North
Old Samish Road
SECTION 24 Township 37 North
Chuckanut Drive
Chuckanut Lane
SECTION 25 Township 37 North
Chuckanut Shore Road
Chuckanut Drive
Soundview Road
White Cap Road
SECTION 30 Township 37 North
Chuckanut Drive
SECTION 36 Township 37 North
Chuckanut Drive
Pleasant Bay Road
SECTION 30 Township 39 North
Guide Meridian
SECTION 25 Township 39 North
Guide Meridian
ORDINANCE - 7,
Range 2 East
Pacific Highway
Range 2 East
Waldron Road
Range 2 East
Range 2 East
Range 2 East
Hoff Road
Country Lane
Range 2 East
Van Horn Lane
Skagit Street
Range 2 East
Range 3 East
Range 2 East
Yacht Club Road
Chuckanut Shore Road
Range 2 East
Pleasant Bay Road
Dolphin Road
Chuckanut Point Road
Range 3 East
Highline Road (Cleater Road)
Range 2 East
Cove Road
Range 3 East
East Axton Road
Range 2 East
West Axton Road
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SECTION 24 Township 39 North
Range 2 East
Guide Meridian
Old Guide
West Axton Road
West Hemmi-Road
West Laurel Road
SECTION 19 Township 39 North
Range 3 East
Guide Meridian
East Hemmi Road
Murray Road
East Axton Road
East Laurel Road
SECTION 20 Township 39 North
Range 3 East
East Axton Road
Medcalf Road
Murray Road
East Hemmi Road
East Laurel Road
Hannegan Road
SECTION 18 Township 39 North
Range 3 East
Guide Meridian
Chasteen Road
East Hemmi Road
Ten Mile Road
SECTION 17 Township 39 North
Range 3 East
East Hemmi Road
Ten Mile Road
Chasteen Road
Hannegan Road
Medcalf Road
SECTION 29 Township 39 North
Range 3 East
East Axton Road
Hannegan Road
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
W hatcom County Council and County Director of
Public Works and such written
acceptance shall be in form and substance as thall
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
ORDINANCE - 8.
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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.
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.
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 property 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, traf-
fic turnouts and road obstruction, etc. No such construction shall be com-
menced without the Grantee first securing a written permit from the Director
ORDINANCE - 9.
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of Public Works, including approval endorsed on one set of plans and specifica-
tions returned to the Grantee. All such work shall be subject to the approval
of and skull 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 ordinance providing for the issuance of
revocable encroachment permits for work in County roads and rights -of -way),
p,ay all permit fees as required, and Resolution No. 79.21, (a resolution adop-
ting 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, 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 pur-
pose 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
commenced.
(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 property shall be restored to the same or better condition .
ORDINANCE - 10
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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.
(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
condition any such County road, rights -of -way or other County property left
by the Grantee or its agents in &,condition dangerous to life or property,
and the Grantee upon demand shall pay to the County all actual costs of such
work.
tion 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
ORDINANCE - 11
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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 posi-
tion 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.
This Franchise shall be subject to the power of eminent domain, and in any pro-
ceeding 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 facilities, or in the event that such County road, right -of -way or
other County property subject to this Franchise shall become a Primary State
Highway as provided by law, the Grantee upon written notice from the Director
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.
ORDINANCE - 12
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(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 sub-
divisions, 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 referencing these monuments or other points to be referenced shall
be approved by the Director of Public Works. The replacement of all such monu-
ments 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
ORDINANCE - 13.
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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 pro-
perty for the use of Whatcom County, in either its proprietary or governmental
capacity, 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
whatsoever kind or nature whether to persons or property, arising wholly or
partially 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 - 14.
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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 franchi-
ses 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 facili-
ties,, irrigation structures or facilities, or any other County property or
affect its jurisdiction over them with full power to make all necessary
changes, relocations, 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 specifi-
cally mentioned 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. Incorooration.
Whenever any of the County roads, rights -of -way or other County pro-
perty as designated in this Franchise, by reason of the subsequent incor-
poration 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
ORDINANCE - 15.
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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 distribution cable) of new construction required. Such construc-
tion and services rendered 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 services 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
transmission 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
Construction; applicable FCC or other Federal, State or local codes and regula-
tions; 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:
ORDINANCE - 16
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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
customers 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
violation prior to any consideration of implementation of rate increase if the
violation relates to rates.
(6) Require the company to specifically comply with the terms
and conditions of the franchise ordinance.
(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 ini-
tiative 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
ORDINANCE - 17.
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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 reconnect 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 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 per-
cent (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
ORDINANCE - 18. revised 6/25/84
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required, after receiving written notice from Whatcom County of the delinquency
to the local systems office by certified mail.
Cne - +inn 7�z D�tnc
(a) Rate increases for basic 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 return on Grantee'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 existing 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.
(2) The rate review procedure shall be as follows:
i. Within twenty (20) days of receipt of notice of a pro-
posed rate change, the Council shall notify the Grantee in writing of its
intention to institute the rate review procedure.
ii. The proposed rate change(s) shall be submitted to the
Rate Review Board.
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 deci-
sion to the County Council within ten (10) days of the decision being given.
ORDINANCE - 19.
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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 deci-
sion 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) Changes in rates or service involving increase in rates or
devaluation of service without a corresponding decrease in rates shall be
governed by the rate review procedure.
(d) The rates being charged on January 1, 1984 shall be the initial
rates in effect under this franchise. A schedule of existing rates shall be
included in this ordinance as Exhibit A. The company may vary its rate for
basic residential service up to a ceiling of $11.00 without being subject to
the rate review procedure. Provided, however, the company shall advise all
new subscribers, prior to the payment of connection charges, that the company
may, at its discretion, alter some of the basic program offerings. Provided,
further, that the company shall not represent to potential subscribers that
programs are a part of its basic service, when the company knows it is likely
that such programs will be discontinued in the future, unless this fact is
disclosed in advance of the payment of connection charges.
(e) The company may levy connection charges only for services or
work that it actually performs.
Section 26. 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 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.
ORDINANCE - 20.
Draft 3 dated 5/3/84 revised 6/25/84
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Section 27. Inspection and Information.
(a) Grantee shall at all reasonable times, and to the extent
necessary to carry out the provisions of this ordinance, permit any duly -
authorized agent or representative of the County to examine all franchise pro-
perty 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 operations, 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
reasonable 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 examination.
(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 28. Services to Consumers /Public.
( a) The Grantee shall:
(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.
ORDINANCE - 21. revised 6/25/84
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(4) Maintain an office within Whatcom County, which office
shall be -open during all usual business hours, with its telephone listed in
directories 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
W hatcom 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 pur-
pose 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.
Section 29. Insurance.
(a) Upon acceptance of such franchise, the Grantee shall file with I,
ORDINANCE - 22. revised 6/25/84
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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 recoverable, 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 compensation, 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 reco-
vered by the County thereunder, shall be construed to excuse faithful perfor-
mance 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 30. Repealers.
All other prior existing franchises granted to Nation Wide
Cablevision, Inc. 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 31. Severability.
If any portion of the ordinance is deemed invalid, the remainder will
remain in effect.
Section 32. Titles.
The section titles used herein are for reference only and should not
be used for the purpose of interpreting this ordinance.
ORDINANCE - 23. revised 6/25/84
el
1 Section 33. Force Majeure Clause.
2 The Grantee shall not be deemed in default of any provisions of this
3 franchise or subjected to any penalties hereunder where performance or
4 compliance is prevented by Acts of God, civil emergencies, national disasters
5 or acts of third parties that are neither agents, employees, nor affiliates of
6 the Grantee which are beyond the Grantee's reasonable abilities to control.
7 PASSED this 5 t. h day of July 19 84.
8 WHATCOM COUNTY COUNCIL
W TCOM COUNTY, WASHI WTON
9
ATTEST:
10 _ ..
Chairpe n
12
Cl of _ire ounc ( ✓) APPROVED ( ) VETOED
13
14 SHIRL E Y--V-A-g ZAN N
15 County Executive
16 Date: 7116184
17 APPROVED AS TO FORM:
18
19 Deputy Prosecuting Attorney
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Published on 6 -6 & 13 and 7/11/84
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ORDINANCE - 24.
Draft 3 dated 5/3/84 revised 6/25/84
EXHIBIT "A" -- ORDINANCE NO. 84 -60
TCI /NATIONWIDE CABLEVISION, INC.
RATE TABLE
SERVICE
COUNTY
Basic lst Outlet
$ 8.50
WTBS Passthrough
Additional Outlet
1 r5g
INSTALLATION
Install lst
$15.00
Reconnect
15.00
COMMERCIAL
Appartments
1 -25
4.00
26 -75
3.75
76 -100
3.50
100 up
3.25
Hotel, Motel,
Hospitals,
etc.
1 -.50
3.00
51 -75
2.75
76 up
2.50
BASIC CABLE STATIONS
Cable
Call
Channel
Letters
Affilation
Source
2
CBUT
Ind.
Vancouver, B. C.
3
KVOS
Ind.
Bellingham
4
KOMO
ABC
Seattle
5
KING
NBC
Seattle
6
CHEK
CTV
Victoria, B. C.
7
KIRO
CBS
Seattle
8
WTBS
Ind.
Atlanta, GA
9
KCTS
PBS
Seattle
10
24 -hour
Weather,
Information
& Music
11
KSTW
Ind.
Tacoma
13
KCPR
Ind.
Tacoma
••,.
..may'
P
r,
r
1. -.
Y
i
d
1
1314 NORTH STATE STREET
P.O. BOX HA
NAT /ON WIDE CABLEV /S /ON, INC. � (206) 7 GM, WA. 9822'
(206) 734 -5522
A DIVISION OF TELE- COMMUNICATIONS, INC.
May 10, 1984
Mr. Jim Hawley
Chairman, Public Services Committee
Whatcom County Council
Whatcom County Courthouse
Bellingham, WA 98225
Dear Mr. Hawley:
It was unfortunate that we didn't have the opportunity to
resume our refranchise negotiations on April 24th or May 8th
as we both had anticipated. As stated before, in view of the
franchise re- extension expiration scheduled for June 30th, I
remain very concerned about resuming discussions at the earliest
opportunity -- expecially if the Committee now wishes to
address additional issues beyond those previously discussed.
In order that we can facilitate our discussions, perhaps you
and I might get together next week to review any issues or
discuss any concerns you may have. I am willing to make
myself available for any time you find convenient.
Enclosed please find copies of previous re- franchise corres-
pondence you may find helpful for our discussions—
Thanks for your assistance and cooperation and I look forward
to meeting with you again.
Sincerely,
JL---
Keith Trafton
System Manager
KT:sls
Enclosures
�� NAT /ON WIDE CABLEV /S /ON, INC.
:'.Mrlvi .:e'R'.'1�Wwcx: '719W.C'pCl -� ., t.:14J�7C`{ir`MaI
A O/Y/LONOF TELE- COYYUNICATfONS. INC.
May 3, 1984
Mr. Paul Rushing
Director of Public Works
Whatcom County Courthouse
Bellingham, Washington 98225
Dear Mr. Rushing:
1 114 N(l Il 111',I AIL ',i T 111 I I
P.O BOX 460
BELLINGHAM WA. 98227
f206) 734.5522
As requested, enclosed please find our latest rate structure
for our Whatcom County and Bellingham Franchises.
Would you please provide Public Services Committee members and
myself rate information for other franchise grantees in
Whatcom County.
Thank you.
Sincerely,
jk�
Keith Trafton
System Manager
KT: sls
Enclosure
I.IIa1.,n, I- I I ..(IIIi I
P O BOX 460
BELLINGHAM. WA 96227
NATION WIDE CABLEVIS /ON, INC. (2061 734 5522
1/YN�Ln ..•^[M[t/'F'M. �: .�. .. /fw�CtYfi'13Kw•rt'.�%: �/4.iL� - -•S �[
A O/YISIOM or fELE- COAIAIUMICAf10MS. INC.
RATE TABLE
SERVICE CITY COUNTY
Basic 1st Outlet $7.00 $8.50
WTBS Passthrough .26
Dt+Vr"I Additional Outlet 1.50 -
INSTALLATION
Install 1st $35.00 $15.00
Reconnect 35.00 15.00
COMMERCIAL
Apartments 4 -10
11 -25
26 -50
51 -75
Over 75
;�otel, Motel, Hospitals, etc. -
City Cumulative: 1st 40
Above 40
5.60
1 -25
4.00
4.90
26 -75
3.75
4.20
76 -100
3.50
3.85
100 up
3.25
3.50
3.50 1 -50 3.00
2.50 51 -75 2.75
76 up 2.50
( ,,NAT /ON WIDE CABLE_V /S /ON, /NC..�
dLR•�:...:',qss- .Y.tthLrr:
A DIVISIONOF TEL E- COMMUNICATIONS. INC
Mr. Jim Hawley
Chairman, Public Services Committee
Whatcom County Council
Bellingham, Washington 98225
Dear Jim:
1314 NORTH STATE STREET
PA. BOX 460
BELLINGHAM' WA. 98227
(206) 7345522
February 8, 1984
As you are aware, Nation Wide Cablevision refranchise negotiations
with Whatcom County were not concluded during 1983 and another
franchise extension was developed for six months of 1984. It is
our desire to resume discussions at the earliest opportunity.
Should you have any question or require any further information
prior to resumption of our negotiations, please feel free to
contact me at any time. My office number is 671 -2488 and my home
phone is 733 -3838.
Thank you for your assistance.
Sincerely,
Keith Trafton
System Manager
KT: sls
l
A DIVISION Of TFLF- COMMUNICATIONS, INC.
Ms. Shirley Van Zanten
Whatcom County Executive, Elect
Chairperson, Personal Services Committee
Whatcom County Courthouse
Bellingham, Washington 98225
Dear Ms. Van Zanten:
1314 NORTH STATE STREET
P.O. BOX 460
BELLINGHAM, WA. 98227
(206) 734 -5522
November 9, 1983
Now that elections are over, I'd like to please request that
Nation Wide Cablevision be scheduled for Franchise Renegotiations.
I believe it is our understanding that the Draft ordinance dated
April 21, 1983 is the model franchise from which the County wishes
to initiate our discussions. Consequently, enclosed please find
correspondence addressing desired deletions, additions, and /or
modifications of that ordinance.
The enclosed correspondence is provided to enable adequate review
of our positions prior to our discussions. Please note that
specific justifications are provided for our positions and it is
hoped that this will facilitate both understanding and communication.
If there are
require prior
at any time.
to meet.
Sincerely,
any questions you may have, or information you may
to our meeting,-please feel free to contact me
I will make myself available for any time you wish
Keith Traf ton
System Manager
KT: sIs
Enclosur-es
Phone 676 -6690
676 -6717'
384 -1403
SCAN 644 -6717 '
111114i
COUNTY COUNCIL
311 Grand Avenue
Bellingham. Washington 98225
Mr. Keith Trafton
Nationwide Cablevision
P.O. Box 460
Bellingham, Wa 98227
Dear Keith:
Shirley Van Zanten
Donald G. Hansey
Craig W. Cole
C. J. Johnson
R. W. "Bob" Muenscher
J. V. "Jim" Hawley, Jr.
William P. Roehl
Thank you for your letter of November 16, regarding review
of Nationwide Cablevision's franchise. We are aware of and
sympathetic with your concern that the franchise be expeditiously
reviewed, and will do our best to hurry the process along.
As a suggestion, you may wish to review the Whatcom Cablevision
franchise as it develops, so that it can be used as a basis
of comparison. Tammy in the Council office will be pleased
to provide you with the latest versions.
Thank you for your inquiry.
Sincerely,
raig W. Co e
Chairperson
Public Services Committee
Nation Wide
FIR
Cablevisioa
Mr. Craig Cole
Chairman, Personal "services Committee
Whatcom County Council
Whatcom County Courthouse
Bellingham, Washington 98225
Dear Craig:
1314 NORTH STATE STREET
NO. BOX 460
SiLLINGHAM, WA, "275
(206) 734 -6622
November. 160 1982
I feel it is important to once again reaffirm Nation Wide Cable —
vision's concern that refranchise negotiation be concluded as
expeditiously as possible. As you know, I had sought to initiate
negotiation discussion with the then— existing Ad Hoc Committee in
late 1981, and, in my letter of April 22, 1982, I indicated a
desire to conclude negotiations at our earliest opportunity.
As I've mentioned previously, in view of my April letter and the
December expiration of our current franchise, I have been con-
cerned that the Whatcom county Cablevision franchise has been re-
viewed prior to ours -- especially in view of the many years remain-
ing on their franchise.
Of near paramount importance, however, is our need to have a
long term franchise to plan and operate our business in Whatcom
County in the near future. This is made even more vital by the
anticipated operational changes (e.g., addressability) communi-
cated to the Committee at our last meeting.
Once again, I am available to the Committee and Council at
virtually any time and would certainly appreciate your efforts
and support in implementing a fair and equitable franchise at
the earliest opportunity.
Thanks for your assistance.
Sincerely,
Keith Trafton
System Manager
A SUBSIDIARY OF TELE- COMMUNICATIONS, INC.
#`. f r
X314 Nt;11 rP4 $TIAT4
R.O. syx 440
ltfit M.
4:
' June 18, 1982 h
Mr. .Paul Rushing
Director, Whatoom County Pt *j,i•o Works
Bellingham, Weshingtorw...982 #5
a::
a
Dear Mr. Rushinq: :;
Attached is fj-4ncliis information, perpjt- inforfpat. ion for R-1-8
served where franchi se am6ngments uere, aot,pro"esed, tramrefi:e
of franchise informaLt -,On, as Vell a$ rpr.j&tad airresponde-nea.
Two maps are providet; indicst.ing F"ranch�sp area , franchise
areas requested, area aterved and, in tv_tal, pyerall frenc6iaR.. ¢'
area requested under the new franchise ur f ~anchine ex tens
iof��4` _
That area is defined in the night —gage lioti.ng Rreuiot:411y
provided.
I holieve this is al the tnformati.on you might reni'1 "re. r
dowever, should you i1jad Pwr?;her information or r fi :atio:it
please don't hPsitatt: to contact III.-I.
Sincerely,
Keith Traf tonk„
System Manager y
K . oc .
A�tachments
e
A SUUWIARV OF TFLIE40 ^JN FATIONS, INC.
.t
r \ Nation Wide
Mt. Craig Cole
Council Member,
Whatcom County
Whatcom County
Bellingham, WA
Dear Craig:
Cablevision
First District
Council
Courthouse
98225
May 18, 1982
1314 NORTH STATE STREET
P.O. BOX 460
BELLINGHAM, WA. 98225
(206)734.5522
Thank you for your correspondence regarding our expansion plans
for cable service to the Northshore area of Lake Whatcom. I
must apologize for the delay in my response.
As we discussed, I am aware of both the interest in cable
;service and. the.poor off —air T.U, reception of residents in the
Northshore area of Whatcom County. The construction of cable
plant in this area is an aspect of our operation which is con-
tinuously being analyzed.
The construction of this area is riot projected in 1982 and
future construction would be dependent upon' several important
factors. Foremost, of course, is the renewal of our franchises
and their impact on future growth and risk assumption justifi-
cation. Currently, the payback projection approaches 8 years
without regard to discount of future revenue flows. Although
it is anticipated that future additional services may generate
revenues sufficient for justification of further construction,
those services and their date of provision have not yet been
fully determined.
The Northshore area, as other areas requested for future
franchise but not currently served, is one which we would
project to serve under appropriate conditions. He realize that
franchise requests for areas such as this are non — exclusive
and are for a limited timeframe; however, should we be able to
justify such projects, previous franchise area approval would
preclude the time — consuming process of obtaining a franchise
extension and, thus, potential subscribers might sooner be
afforded service.
A SUBSIDIARY OF TELE - COMMUNICATIONS, INC.
Page. Two
Mr. Craig Cole
In essence, then, the Northshore project — as any project —
would be initiated when the return justifies the risk, and
when we can continue to insure that all subscribers will be
afforded service of the highest technical and programming
quality. With franchise renewal, further plant upgrade, and
projected additional programming, we would hope these conditions
will be met in the near future.
Respectfully,
Keith Trafton
System Manager
KT :pc
Phone 676 -6690
676 -6717
384 -1403
SCAN 644 -6717
COUNTY COUNCIL
311 Grand Avenue
Bellingham, Washington 98225
Mr. Keith Trafton
Nationwide Cablevision
P.O. Box 460
Bellingham, Washington 98227
Dear Mr. Trafton:
Shirley Van Zanten
Donald G. Hansey
Craig W. Cole
C. J. Johnson
R. W. "Bob" Muenscher
J. V. "Jim" Hawley, Jr.
William P. Roehl
May 6, 1982
Reply to: 1796 LaBounty Drive
Ferndale, Washington 98248
I have received an inquiry from a citizen of the North Shore
area of Lake Whatccm regarding the extension of cable service to that
area (outside the city limits of Bellingham). The television reception
is apparently quite poor in that area and the citizen indicated there
are many people interested in obtaining cable service.
Would you kindly advise me of your expansion plans for this
area?
Thank you for your consideration.
. Cole
First District
April :220
Mr. Will Rbehl
Chairman, Whatd.om County
WhatCOM County Eourthou
f4.
Dellingham,, Wasbinqtan
Pear Will: I
13)4 NOWH STAti. VIt
P.0 '5G;X 41,0
4�
Nation Wide Cabllevisionv Inc.. roquests a 25-year extensic-4t 3f
ts current Whs;tcom County rariqi_nise datipd Decs*b4;.,, 22,
and scheduled to bxpire Pec4ft.or 23, 1982. In oad4l'tiqq, iljl:i
seek to consol1date all *,ud%-,aqupnt orders, amencivente ane
permits is5ued.. with respect, to this franchise and, furt"1!.Fr,,
incorporate additional areas into the caverage o", tkv
franchise.
11 -e to ci-ncluc'e the F. a�rlchise extensiop oroc�edur-
t -Lg our desire
nt the earliest opparunity and I am, as always, evaila!` 1'3 �rar
Questions, concerns a- j comments at any ttme. Ply ol-ivatf:
office phone 13 671-2:1-c38 a,id Fqv home plione is
u P, r e 1 y
+ *
Trafton
.ystam Manager
P. r.� (7 h me n t s
A SUBSIDIAR Y 0+ Tel F,-COMh4UNICATIOt#$, INC.
As discussed with Shirley in
I*-e
1981
and to vOu
I
i
recently, due to chargea in
permic
and
franohize amendment.
Procedures, a consolidation
of uuzr�nt
franc.hisn documer?t_z
coupled with franch_is: are:-%
additions
is
recomatende'(l at tl�e
i'Dite of franchise extonsion.
Attached please find .� lisLinq
of
for which;we ro,,U'1°t
extension Of Our 'Franuhisc:.
Also
attachad
is a 04OIXaf OV7
Whatcom County FT_-anchise
area.
11 -e to ci-ncluc'e the F. a�rlchise extensiop oroc�edur-
t -Lg our desire
nt the earliest opparunity and I am, as always, evaila!` 1'3 �rar
Questions, concerns a- j comments at any ttme. Ply ol-ivatf:
office phone 13 671-2:1-c38 a,id Fqv home plione is
u P, r e 1 y
+ *
Trafton
.ystam Manager
P. r.� (7 h me n t s
A SUBSIDIAR Y 0+ Tel F,-COMh4UNICATIOt#$, INC.
Letter to Mr. Keith Trafton
November 24, 1981
page two
I apologize for
meeting. The press
adoption of the 1982
arranged our office
drafting a total new
a very good one.
SVZ:tg
not yet having an Ad -hoc Franchise Committee
of other matters, particularly related to the
Budget has precluded it. When I do get one
will so inform you. I feel your idea of
franchise for your county service area is
Sincerely,
Shirley Van Zanten
Chair
SCAN 644 6717; "
COUNTY COUNCIL
311 Grand Avenue
Bellingham, Washington 98225
M E M 0
TO: Honorable Jim Hawley, Chair
Public Services Committee
Mary Kay Becker
Donald.G. Hansey
Craig W. Cole
C. J. Johnson
R. W. "Bob" Muenscher
J. V. "Jim" Hawley, Jr.
William P. Roehl
FROM: Craig W. Cole.and Donald G. First District
Councilmembers /r
DATE: April 25, 1984
SUBJECT: Nation Wide Cablevision Franchise
The Nation Wide Cablevision franchise ordinance is now
before your committee for review. Since this matter involves
a considerable number of residents within our district, we
want to share with you our views. They are briefly stated
in the following:
1. Rate Disparaties
We suggest incorporating the following language into
the section of the ordinance pertaining to rates, in
order to deal with the present disparity between the
rates paid by Bellingham subscribers and County
subscribers for the same service:
Except for the initial rates established under
this ordinance, Whatcom County subscribers living
outside the City of Bellingham shall not be
charged higher rates than are charged subscribers
within the City of Bellingham, for the same or
similar service, unless a difference in rates
is justified by differences in the costs of
maintenance, operation, or construction.
2. Rate or Service Changes
Sometimes cable companies will change the services
offered (eg., number of channels) and claim that since
the price being charged was left the same, such an
act is not subject to the rate review mechanism.
Mr. Disend has provided a legal opinion to the contrary,
however, this issue should be clarified in new franchise
ordinances. Therefore, we suggest language such as the
- .following in an appropriate section of the ordinance:
Memo to: 'im Hawle--
April 25, 1984
page two
New rages or charges and changes in rates
or charges that are regulated by this ordinance
shall be governed by the rate review procedure
if they involve an increase in price or a decrease
in the services offered.
(Note: Proper language to effect this provision
should be drafted by the Prosecuting Attorney'
office.)
3. Current Rates
A schedule of current rates should be included in
the ordinance, to avoid any misunderstandings.
4. Line Extensions
A line extension provision should be included in the
ordinance, perhaps like the one contained in McCaw's
franchise. This defines for the public and the
franchisee the criteria by which decisions will be
made on servicing new areas. Also, we are particularly
interested in the company's plans to service the
North Shore area of Lake Whatcom. Several residents
out there have expressed an interest in receiving
service, but have not received a definite answer
(.to our knowledge).
We would appreciate the committtee's consideration of
these items and will be pleased to provide you with further
explanation.
Thank you for your cooperation.
cc: Councilmember Johnson
Councilmember Roehl
Paul Rushing
Bruce Disend
.:;DEPARTMENT OF PUBLIC WORKS
Paul.' Rushing,'Director
Courthouse,-
, Bgl ingisFliW25�� g
76
(206) 6'9
Edwin R. Henken, County Engineer Donovan F. Kehrer, Deputy Administrator
BUREAU OF ENGINEERING BUREAU of BUILDINGS and CODE ADMINISTRATION
Courthouse, Bellingham, WA 98225 401 Grand Avenue, Bellingham, WA 98225
County 398 -1310 City 676 -6730 County 398 -1310 City 676 -6907
May 3, 1984
TO Public Services Committee
Attention: Chairperson J. V. Hawley, Jr, j^n
FROM: Paul F. Rushing
Director of Public Works
SUBJECT: Request for Changes
Proposed Nation Wide Cablevision Franchise
(Draft No. 3)
This memorandum is in response to your request at your last committee meeting
and in reference to memorandum from Nation Wide Cablevision, Inc. (Mr. Keith
Trafton) of April 19, 1984, and memorandum of Councilmembers Craig W. Cole and
Donald G. Hansey of April 25, 1984.
In reference to April 19, 1984 memorandum from Nation Wide Cablevision, Inc.:
1. Page 2, line 23
Deemer Road should be reinstated.
Deemer Road has been added.
2. Page 4, line 17
Section 8 should read Section 5.
Correction has been made.
3. Page 14, lines 15 and 16 reading "wholly or partially."
This item was answered in a memorandum from the Prosecuting Attorney's
office dated January.3, 1984; paragraph 3 on page 1.
4. Page 16, line 23, Section 21.
This item was answered in the memorandum from the Prosecuting
Attorney's office dated January 3, 1984; also in paragraph 3 on page 1.
5. Page 18, line 24.
Refer to my memorandum of December 2, 1983, page 3, paragraph 1.
(Council policy.)
Public Services Committee -2- May 3, 1984
6. Page 19, line 32.
Refer to Prosecuting Attorney's office.
7. Page 22, line 10.
Refer to my memorandum of December 2, 1983, page 3, paragraph 5.
8. Proposed section: Force Majeure clause.
First paragraph - refer to Prosecuting Attorney's office.
Last paragraph - refer to Prosecuting Attorney's office. See memoran-
dum from the Prosecuting Attorney's office dated January 3, 1984; page
1, paragraph 4.
In reference to memorandum from Messrs. Cole and Hansey:
1. Rate disparity inside and outside of the city limits.
This section has been added on page 20, Section 25(d), of the proposed
ordinance.
2. Rate or service changes.
This has been added to the proposed ordinance on page 20, Section
25(c)(4).
3. Current rates.
This has been added as Exhibit A to this ordinance.
4. Line extensions.
Request for line extension clause to be added (same as one contained in
McCaw's franchise.
This presently exists in the proposed ordinance.
You have requested entertainment channels (home entertainment box) be added to
the ordinance in Section 25 "Consumer Rates" and Section 24 "Franchise Payments
to County." Item to be added to basic subscriber service. Attached hereto is a
copy of the total package that Nationwide supplies to their customers. I would
appreciate some indication from you as to which ones or combinations thereof
should be added to the ordinance.
If you have any further questions, please do not hesitate to contact me.
TOT;. HOLE ENTERTAINMENT
In any combination you prefer!
COUNTY
CITY
BASIC CABLE -1.0 Channels + 24 hr. news and Weather
,CBUT* Vancouver, B.C. KIRO* Seattle
KVOS* Bellingham WTBS* Atlanta
KOMQ* Seattle KCTS* Seattle
KING* Seattle KSTW* Tacoma
CHEK* Victoria, B.C. KCPQ* Tacoma........
$8.50
$7.26 Mo.
HOME BOX OFFICE (HBO)
Movies, sports, specials, family features
COMMERCIAL FREE 24 hours a day! 0000....
11.95
11.95 Mo.
SHOWTIME
Movies, Broadway hits, series and specials
COMMERCIAL FREE 24 hours a day! ........
11.95
11.95 Mo.
D SNEY CHANNEL-..:...
Exciting family entertainment, brand new
features and classics, movies for all ages.....
10.95
10.95 Mo.
HBO AND SHOWTIME F UD C"L6 PGUS
A great combination save $ 000.0000
22.00
22.00 Mo.
DISNEY AND SHOWTIME
Save $1.95 ........
20.95
20.95 Mo.
DISNEY AND HBO
Save $1.95 ........ 20„95 20.95 Mo.
CABLE PLUS
CNN: Cable Health Network, 24 hours of health
and fitness programming.
CNN Headline News: Capsulated News 24 Hours a Day.
NASH: Nashville.- Country Music and Entertainment
CNN: Cable News Network - 24 hours of live news with
in -depth reporting.
CBN: Inspirational and wholesome family programming
24 hours a day.
ESPN: Sports programming Network - 24 hours a day of
nothing but sports.
USA: Variety programming - Sports, Women's programming,
USA:KIDSTIME.for. children, Ovation with British programs,
Nightflight, and much more.
.00.00.. 3.50 3.50 Mo.
ALL OF THE ABOVE WOLILD TOTAL .........................46.85 45.61 Mo.
THE TOTAL HOME ENTERTAINMENT PACKACE .................38.45 37.21 Mo.
Includes all of the above options
Save $8.40 1 1 with our Special Package Price!!!!!
Edwin R. Henken, County Engineer
BUREAU OF ENGINEERING
Courthouse, Bellingham, WA 98225
County 398-1310 City 676 -6730
DEPARTMENT OF. PUBLIC WORKS
Paul F "Rushing, Director
CCourthouse B 1'ngk�►N1 r
(206) 676!.'
f; SFr
Donovan F. Kehrer, Deputy Administrator
BUREAU of BUILDINGS and CODE ADMINISTRATION
401 Grand Avenue, Bellingham, WA 98225
County 398 -1310 City 676 -6907
(7--) JMne 21, 1984
d
TO: J. V. Hawley, Jr., Chairperson JUN 21 198
Public Services Committee n� 4
Whatcom County Council fG�U "ATCUM
eouNrY
FROM: Paul F. Rushing COUNCIL
Director of Public Works
Attached hereto is a memorandum from Mr. Mike White, General Manager of McCaw
Cablevision, in which he stipulates that in reviewing the Nationwide Cablevision
proposed franchise he finds that there are areas of duplication that are not, at
the present time, being served by Nationwide due to lack of density, but some
areas are being served by McCaw Cablevision.
In reviewing the memorandum in reference to Mr. White's concern, I find that in
various County franchises there are overlapping sections due to a number of
reasons; e.g., (1) County franchises for use of County rights -of -way are non-
exclusive franchises, and (2) it is entirely possible that two companies may be
servicng in the same section, indeed, even on the same road.
Therefore, at this time I cannot recommend any changes in the legal descriptions
in the Nationwide Cablevision proposed franchise.
cc: Shirley Van Zanten, County Executive
Craig W. Cole, Council Chairperson
—t—
Rap
MCC"
CASMISHM
June 11, 1984
Mr. Paul Rushing
Director of Public Works
401 Grand Ave.
Bellingham, Wash. 98248
Mr. Rushing:
wltt"s C611h pahms Verb Dept
JUN 121984
In reviewing the County areas Nationwide Cablevision is requesting in their
franchise with Whatcom County, we have discovered numerous sections that were
granted to Whatcom County Cablevision in our franchise which was executed May
2, 1983. Realizing that the franchise granted by Whatcom County is a non-
exclusive franchise, I feel a lot of confusion could be avoided in the future
if these areas of duplication were eliminated now.
Q -ime of the areas of duplication are not being served at the present time by
.or Nation Wide due to lack of density, but some of the areas are presently
being served by us and are noted with an asterik.
Section 28: Township 39 North, Range 3 East- East Smith Road, Market Road,
Hannegan Road.
Section 6: Township 38 North, Range 3 East- Guide Meridian, Horton Road,
Van Wyk Road.
• Section 30: Township 39 North, Range 3 East -Guide Meridian * *, East Axton
Road * *.
• Section 24: Township 39 North, Range 2 East- Guide Meridian, West Axton Road,
West Laurel Road, Old Guide * *, West Hemmi Road * *.
• Section 19: Township 39 North, Range 3 East- Guide Meridian, Murray Road,
East Laurel Road, East Hemmi Road, East Axton Road * *.
• Section 20: Township 39 North, Range 3 East- East Axton Road * *, Murray Road,
East Laurel, Medcalf Road, East Hemmi Road, Hannegan Road.
Section 18: Township 39 North, Range 3 East- Guide Meridian, East Hemmi Road,
Chasteen Road, Ten Mile Road.
Section 17: Township 39 North, Range 3 East- East Hemmi Road, Chasteen Road,
Medcalf Road, Ten Mile Road, Hannegan Road.
Section 29: Township 39 North, Range 3 East- East Axton Road, Hannegan Road.
I thank you for your consideration and cooperation in this matter, and remain,
Sincerely y557
Mike White
zeral Manager
cc: f ile
Doug Beach
2002 MAIN STREET e P.O. BOX 847 a FERNDALE, WA 98248 • (206) 384 -1581
r'
NAT /ON WIDE CABLE
A DIVISION OF TELE- COMMUNICATIONS, INC.
f7f. e-c_
Mr. Craig Cole
Chairman, Whatcom County Council
Whatcom County Courthouse
Bellingham, Washington 98225
Dear Craig:
cV'
1314 NORTH STATE STREET
P.O. BOX 460
BELLINGHAM, WA. 98227
(206) 734 -5522
Augus l , 9�4" E D
AUG 16 1984
b` HATCOM COUNTY
COUNCIL
Thank you for your correspondence of August 8th and a copy
of the partially - executed Whatcom County Ordinance 84 -60, the
proposed Nation Wide Cablevision Franchise.
As briefly discussed previously, we have concerns regarding
additional outlet charges and I would like to continue
discussions regarding these concerns in the immediate future
and prior to submission of a franchise ordinance to Corporate
Headquarters for review.
I have discussed this matter with Will Roehl and Corky Johnson
and we are seeking to schedule this item for Public Services
Committee discussion as soon as possible.
Because this consideration impacts our ability to provide
the increased and more cost - effective programming as we
proposed, I would hope we could reach..agreement to enable
increased service to the Whatcom County residents we serve.
Thank you again for your co- operation and assistance. I look
forward to talking to you again in the near future.
Sincerely,
e' Traf ton
System Manager
cc: Will Roehl
Corky Johnson
AFFIDAVIT OF POSTING OF NOTICE OF PUBLIC HEARING
STATE OF WASHINGTON )
ss.
COUNTY OF WHATCOM )
Stacy Mhyre, being first duly sworn upon oath, deposes and
says:
That I have posted three (3) Notices of Public Hearing to
be held by the Whatcom County Council at the County Courthouse,
2nd floor, 311 Grand Avenue, Bellingham, Washington, on the
19th day of September, 1984, in the matter of AN ORDINANCE AMENDING
ORDINANCE 84 -60, AN ORDINANCE IN THE MATTER OF GRANTING A NON-
EXCLUSIVE FRANCHISE TO NATIONWIDE CABLEVISION, INC., FOR A PERIOD
OF 10 YERAS PURSUANT TO STATE LAW AND SECTION 9.30 OF THE WHATCOM
COUNTY HOME RULE CHARTER, TO OPERATE AND MAINTAIN A CABLE COMMUNICA-
TION SYSTEM WITHIN THE UNINCORPORATED AREAS OF WHATCOM COUNTY.
And that the notices were posted in the Main Lobby of the
Courthouse, on the bulletin board in the Prospect Street entrance
to the Courthouse, and in the Main Lobby of Bellingham City Hall.
C
Stacy M y e
UBS RIBED AND SWORN TO before me this day of
1984.
Carol Ebergson
Clerk of the Council