HomeMy WebLinkAboutord1983-0301
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FINAL DRAFT - April 21, 1983
DATE: January 20, 1983 INTRODUCED BY: Cole
PROPOSED BY: Public Services Comm
ORDINANCE NO. 83 -30
AN ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE
FRANCHISE TO WHATCOM COUNTY CABLEVISION, INC., FOR A
PERIOD OF 25 YEARS PURSUANT TO STATE LAW, AND SECTION
9.30 OF THE WHATCOM COUNTY HOME RULE CHARTER, TO OPERATE
AND MAINTAIN A CABLE COMMUNICATION SYSTEM WITHIN THE
UNINCORPORATED AREAS OF WHATCOM OCUNTY
WHEREAS, the Home Rule Charter for Whatcom County, Section
9.30 authorizes the County Council to grant non - exclusive
franchises for a fixed term not to exceed 25 years for the use
of any street, road or public place; and
WHEREAS, R.C.W. Chapter 36.55 provides that the County
Council may grant franchises to persons or private or municipal
corporations to use that rightof -way of County roads in their
respective counties for the construction and maintanance of
water works, gas pipes, telephones, telegraph and electrical
light lines, sewers and other such facilities and including
cable television wires and other cable television facilities;
I and
WHEREAS, Whatcom County Cablevision, Inc. has applied for
a 25 year non - exclusive franchise to operate and maintain
coaxial cable along certain roads in Whatcom County,
Washington, and notice of this hearing having been duly
published on the March 24 days of March 31 ,
1983, in the Bellingham Herald, the official newspaper for
Whatcom County, and that it appearing to the County Council.
that notice of said hearing having been given as required by
law and that it is in the public interest to grant the
franchise for a period of 25 years; and
WHEREAS, in consideration of granting of the non - exclusive
franchise, Whatcom County shall receive a sum equivalent to
ORDINANCE - 1
Apr. 21, 1983
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four (4) percent ( %) 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:
NOW, THEREFORE, BE IT ORDAINED by the Council of Whatcom
County, Washington:
Section 1. Franchise Granted.
(a) A non - exclusive franchise for Whatcom County
Cablevision, Inc., 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 privilege to Instruct, 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:
All roads within:
Section 32, Township
Sections 4, 5, 8 and
Sections 32 and 33,
Sections 4, 5, 8, 9,
W.M.
Section 13, Township
39, Range 1
9, Township
Tonwship 41,
17, and 18,
39, Range 1
E., W.M.
38, Range 1 E., W.M.
Range 1 E., W.M.
Township 40, Range 1 E.,
W., W.M.
Section 32, Township 40, Range 2 East of W.M.
ORDINANCE - 2
Apr. 21, 1983
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Zell Road
Harksell Road
Woodland Road
Enterprise Road
Section 33, Township 40, Range 2 East of W.M.
Willeys Lake Road
Enterprise Road
Harksell Road
Section 27, Township 40, Range 2 East of W.M.
Willeys Lake Road
Rathbone Road
Birch Bay Lynden Road
Section 33, Township 39, Range 2 East of W.M.
Creighton Road
Labounty Road
Byers Road
Smith Road
Slater Road
Section 34, Township 39., Range 2 East of W.M.
Graveline Road
Section 26, Township 39, Range 2 East of W.M.
West Axton Road
Aldrich Road
Smith Road
Manthey Road
Waschke Road
Section 25, Township 39, Range 2 East of W.M.
West Axton Road
Smith Road
Guide Meridian
Section 30, Township 39, Range 3 East of W.M.
East Axton Road
Guide Meridian
East Smith Road
Section 29, Township 39 Range 3 East of W.M.
East Smith Road
Hannegan Road
East Road
East Axton
Section 36, Township 39, Range 2 East of W.M.
Larson Road
Section 31, Township 39, Range 3 East of W.M.
Guide Meridian
Kelly Road
Hackett Road
Section 32, Township 39, Range 3 East of W.M.
Kelly Road
Patton Road
Hannegan Road
Smith Road
(ORDINANCE - 3
Apr. 21, 1983
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Section 33, Township 39, Range 3 East of W.M.
Smith Road
Hannegan Road
Kelly Road
Section 24, Township 39, Range 3 East of W.M.
Smith Road
Kelly .Road
Noon Road
Section 6, Township 38, Range 3 East of W..M.
Guide Meridian
Kline Road
Section 5, Township 38, Range 3 East of W.M.
Grant Road
Kline Road
Section 6, Township 39, Range 2 East of W.M.
Grandview Road
Delta Line Road
Harksell Road
Section 5, Township 39, Range 2 East of W.M.
Grandview Road
Harksell Road
Enterprise Road
Dahlberg Road
Section 4, Township 39, Range 2 East of W.M.
Harksell Road
Dahlberg Road
Section 20, Township 39, Range 2 East of W.M.
Malloy Road
Barrett Road
Section 21, Township 39, Range 2 East of W.M.
Paradise Road
Neevel Road
West Axton Road
Section 16, Township 39, Range 2 East of W.M.
Lattimore Road
Section 15, Township 39, Range 2 East of W.M.
Northwest Road
Lattimore Road
Piper Road
Woodlyn Road
Section 8, Township 39, Range 2 East of W.M.
Portal Way
Enterprise Road
Matz Road
Section 9, Township 39, Range 2 East of W.M.
Matz Road
Section 22, Township 39, Range 2 East of W.M.
Paradise Road
Northwest Road
IORDINANCE - 4
Apr. 21, 1983
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West Lawuel Road
Section 23, Township 39, Range 2 East of W.M.
West Hemmi Road
Aldrich Road
West Laurel Road
Section 24, Township 39, Range 2 East of W.M•.
West Hemmi Road
West Axton Road
Old Guide
Guide Meridian
(Birch Bay Area)
Section 22, Township 40 North, Range 1 West, W.M.
Birch Point Road
Section 23, Township 40 North, Range 1 West, W.M.
Birch Point Road
Selder Road
Section 24, Township 40 North, Range 1 West, W.M.
Birch Bay Drive
Harbor View Drive
Anderson Road
Shintaffer Road
Section 36, Township 40 North, Range 1 West, W.M.
Birch Bay Road
Section 30, Township 40 North, Range 1 East, W.M.
Birch Bay - Lynden Road
Section 31, Township 40 North, Range 1 East, W.M.
Alderson Road
Bay Road
Birch Bay Drive
(Sandy Point Area)
Section 5, Township 38 North, Range 1 East. W.M.
Sucia Drive
Olympic Drive
Section 8, Township 38 North, Range 1 East of W.M.
Sucia Drive
Section 17, Township 38 North, Range 1 East of W.M.
Sucia Drive
Matia Drive
Puffin Road
(Rural Ferndale Area)
Section 24, Township 39 North, Range 1 East of W.M.
Mountain View Road
Section 17, Township 39 North, Range 2 East of W.M.
Portal Way
Newkirk Road
Trigg Road
ORDINANCE - 5
Apr. 21, 1983
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Kaas Road
Section 27 & 28, Township 39 North, Range 2 East of W.M.
West Axton Road
Northwest Road
W. Smith Road
Shield Road
Waschk.e Road
Lingbloom Road
(Meridian and Rural Lynden Area)
Section 30, Township 40 North, Range 3 East of W.M.
Kok Road
Guide Meridian Road
Bylsma Road
Section 31, Township 40 North, Range 3 East of W.M.
Guide Meridian Road
Wiser Lake Road
Beebe Road
Bylsma Road
Section 1, Township 39 North, Range 2 East of W.M.
Guide Meridian Road
W. Bartlett Road
Lake Road
E. Pole Road
Old Guide
Section 12, Township 39 North, Range 2 East of W.M.
Guide Meridian Road
W. King Tut Road
W. Pole Road
Old Guide
Section 13, Township 39 North, Range 2 East of W.M.
Guide Meridian Road
W. King Tut Road
Old Guide
Section 24, Township 40 North, Range 2 East of W.M.
Guide Meridian Road
W. Laurel Road
W. Axton Road
Section 23, Township 40 North, Range 2 East of W.M.
W. Axton Road
Section 22, Township 49 North, Range 2 Esat or W.M.
W. Axton Road
(Laurel Area)
Section 19, Township 39 North, Range 3 East of W.M.
East Axton Road
Guide Meridian
East Laurel
East Hemmi Road
Section 20, Township 39 North, Range 3 East of W.M.
Hemmi Road
ORDINANCE - 6
Apr. 21, 1983
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Murray
East Laurel
East Axton
Hannegan
Medcalf
Section 18, Township 39 North, Range 3 East of W.M.
East Hemmi
Guide Meridian
Chasteen Road
Ten Mile Road
Section 17, Township 39 North, Range 3 East of W.M.
Ten Mile Road
Medcalf Road
East Hemmi Road
Hannegan Road
Section 16, Township 39 North, Range 3 East of W.M.
Hannegan Road
East Hemmi Road
Ten Mile Road
Central Road
Section 15, Township 39 North, Range 3 East of W.M.
East Hemmi Road
Ten Mile Road
Central Road
Section 21, Township 39 North, Range 3 East of W.M.
Hannegan Road
East Axton Road
East Hemmi Road
(Goshen Area)
Section 36, Township 40 North, Range 3 East of W.M.
Everson - Goshen Road
Van Dyk Road
Section 35, Township 40 North, Range 3 East of W.M.
Van Dyk Road
Section 2, Township 40 North, Range 3 East of W.M.
Noon Road
Meeklem Road
Everson - Goshen Road
Section 1, Township 39 North, Range 3 East of W.M.
Everson- Goshen Road
E. Pole Road
Mission Road
Section 29, Township 39 North, Range 2 East
Nielsen
Hovander Road
Section 35, Township 40 North, Range 3 East
Van Dyk Road
Nolte Road
ORDINANCE - 7
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Section 36, Township 40 North, Range 3 East
Everson Goshen
Nolte Road
Mission Road
Section 19, Township 40 North, Range 3 East
Kok Road
Front St.
E. Main St.
Guide Meridian
Double Ditch
Section 18 Township 40 North, Range 3 East
Guide Meridian
Double Ditch
Benson Road
E. Badger Road
Section 1, Township 39 North, Range 3 East
Mission Road
Everson Goshen
E. Pole Road
Section 2, Township 49 North, Range 3 East
Everson Goshen Road
E. Pole Road
Van Dyk Road
Meeklem Road
Section 15, Township 39 North, Range 3 East
Noon Road
Ten Mile Road
Central Road
E. Hemmi Road
Section 16, Township 39 North, Range 3 East
Central Road
E. Hemmi-Road
Ten Mile Road
Hannegan Road
Section 17, Township 39 North, Range 3 East
Chasteen Road
Hannegan Road
Medcalf Road
E. Hemmi Road
Ten Mile Road
Section 18, Township 39 North, Range 3 East
Guide Meridian
Chasteen
E. Hemmi Road
Ten Mile Road
Section 19, Township 39 North, Range 3 East
E. Axton Road
E. Hemmi Road
Murray Road
Guide Meridian
E. Laurel Road
Section 20, Township 39 North, Range 3 East
ORDINANCE - 8
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E. Hemmi Road
E. Axton Road
Laurel Road
Murray Road
Hannegan Road
Medcalf Road
Section 21, Township 39 North, Range 3 East
E. Axton Road
E. Hemmi Road
E. Laurel Road
Section 28, Township 39 North, Range 3 East
Hannegan Road
E. Axton Road
E. Smith Road
Boyer Road
Market Road
Section 16, Township 39 North, Range 2 East
Newkirk
Section 20, Township 39 North, Range 2 East
Malloy Road
Barrett Road
Newkirk
Section 30, Township 40 North, Range 1 East
Birch Bay Road
Birch Bay Lynden Road
Blaine Road
Section 32, Township 40 North, Range 1 East
Arnie Road
Blaine Road
Bay Road
Kickerville Road
Section 17, Township 39 North, Range 1 East
Aldergrove Road
Kickerville Road
Henry Road
Lonseth Road
Section 24, Township 39 North, Range 1 East
Thornton Road
Mt. View Road
Olson Road
Storr Road
Church Road
Section.22, Township 40 North, Range 2 East
Birch Bay Lynden Road
Bob Hall Road
Loomis Trail Road
Section 23, Township 40 North, Range 2 East
Loomis Trail Road
Birch Bay Lynden Road
Berthusen Road
Section 24, Township 40 North, Range 2 East
ORDINANCE - 9
Apr. 21, 1983
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Birch Bay Lynden Road
Berthusen Road
W. Main Rd.
Tromp Road
Guide Meridian
Section 6, Township 39 North, Range 1 East
Grandview Road
Jackson Road
Bay Road
Blaine Road
Section 1, Township 39 North, Range 1 West
Grandview Road
Helwig Road
Birch Bay Drive
Section 11, Township 39 North, Range 1 West
Point Whitehorn Road
Koehn Road
Grandview Road
Birch Bay Drive
Section 12, Township 39 North, Range 1 West
Point Whithorn
Jackson Road
Grandview Road
Section 13, Township 39 North, Range 1 West
Jackson Road
Aldergrove Road
Section 26, Township 39 North, Range 1 East
Unick Road
Barr Road
Douglas Road
Elder Road
Mountain-View Road
Section 27, Township 39 North, Range 1 East
Elder Road
Mountain View Road
Douglas Road
Lake Terrell Road
Section 281 Township 39 North, Range 1 East
Unick Road
Lake Terrell Road
Mountain View Road
Section 29, Township 39 North, Range 1 East
Unick Road
Section 23, Township 39 North, Range 1 East
Barr Road
Olson Road
Thornton Roadd
North Starr Road
Section 22, Township 39 North, Range 1 East
Mountain View Road
North Star Road
IORDINANCE - 10
Apr. 21, 1983
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Thornton Road
Section 13, Township 39 North, Range 1 East
Church Road
Thornton Road
Olson Road
Aldergrove Road
Section 7, Township 39 North, Range 2 East
Malloy Road
Church Road
Brown Road
Section.12, Township 39 North, Range 1 East
Aldergrove Road
Brown Road
Church Road
Olson Road
Grandview Road
Section 14, Township 39 North, Range 1 East
Thornton Road
Olson Road
Aldergrove Road
Barr Road
Section 15, Township 39 North, Range 1 East
Thornton Road
North Starr Road
Aldergrove Road
Section 11, Township 39 North, Range 1 East
Brown Road
Grandview Road
Aldergrove Road
Section 10, Township 39 North, Range 1 East
Brown Road
North Starr Road
Aldergrove Road
Grandview Road
Section 5, Township 39 North, Range 1 East
Grandview Road
Kickerville Road
Bay Road
Blaine Road
Section 9, Township 39 North, Range 1 East
Aldergrove Road
Brown Road
Grandview Road
Section 1, Township 39 North, Range 1 East
Vista Drive
Grandview Road
Olson Road
Section 2, Township 39 North, Range 1 East
Elk Road
Fox Road
Olson Road
ORDINANCE - 11
Apr. 21, 1983
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Bay Road
Valley View Road
Section 3, Township 39 North, Range 1 East
Klukaen Road
Valley View Road
Grandview Road
Road
Section'4, Township 39 North, Range 1 East
Grandview Road
Kickerville Road
Bay Road
Section 10, Township 39 North, Range 2 East
Northwest Road
W. Pole Road
Section 12, Township 40 North, Range 1 East
Delta Line Road
Stein Road
Custer School Road
Haynie Road
Section 3, Township 40 North, Range 1 East
Valley View Road
Sweet Road
H Street
Section 10, Township 40 North, Range 3 East
Clay Road
E. BAdger Road
Haveman Road
Pangborn Road
Section 25, Township 40 North, Range 3 East
Timon Road
Stickney Island Road
Trapline Road
Section 30, Township 40 North, Range 4 East
Tom Road
Van Buren Road
South Pass Road
Section 28, Township 40 North, Range 4 East
Sorenson Road
South Pass Road
Goodwin Road
Nooksack Road
Section 21, Township 40 North, Range 4 East
Lindsey Road
Alm Road
Sorenson Road
Section 20, Township 40 North, Range 4 EAst
Tom Road
Nooksack Road
Lindsey Road
Gillies Road
ORDINANCE - 12
Apr. 21, 1983
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Section 27, Township 40 North, Range 4 East
Lebrant Road
South Pass Road
Goodwin Road
SorenRoad
Section 22, Township 40 North, Range 4 East
N. Telegraph Road
Carol Road
Alum Road
Lindsey Road
Section 10, Township 40 North, Range 1 East
McGee Road
Haynie Road
Valley View Road
Giles Road
Section 11, Township 40 North, Range 1 East
Custer School Road
Valley View Road
Hoier
Section 16, Township 40 North, Range 1 East
Loomis Trail Road
Giles Road
Peace Portal
Section 15, Township 40 North, Range 1 East
Valley View Road
Loomis Trail Road
Giles Road
McGee Road
Section 14, Township 40 North, Range 1 East
Custer School Road
Loomis Trail Road
Valley View Road
Behme Road
Section 18, Township 40 North, Range 2 East
Sunrise Road
Delta Line Road
Loomis Trail Road
W. Badger Road
Section 20, Township 40 North, Range 1 East
Birch Bay Lynden Road
Blaine Road
Kickerville Road
Section 21, Township 40 North, Range 1 East
Peace Portal
Birch Bay Lynden Road
Loomis Trail Road
Kickerville Road
Section 22, Township 40 North, Range 1 East
Loomis Trail Road
Valley View Road
Birch Bay Lynden
Percil Road
IORDINANCE - 13
Apr. 21, 1983
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Section 29, Township 40 North, Range 1 East
Arnie Road
Blaine Road
Birch Bay Lynden
Kickerville Road
Section 28, Township 40 North, Range 1 East
Ham Road
Birch Bay Lynden Road
Kickerville Road
Section 27, Township 40 North, Range 1 East
Arnie Road
Valley View Road
Birch Bay Lynden
Section 34, Township 40 North, Range 1 East
Valley View Road
Arnie Road
Ham Road
Bay Road
Section 35, Township 40 North, Range 1 East
Bay Road
Bruce Road
Portal Way
Arnie Road
Section 36, Township 40 North, Range 1 East
Deltal Line Road
Willeys Lake
Portal Way
Section 30, Township 40 North, Range 2 East
Willeys Lake Road
Birch Bay Lynden Road
Section 12, Township 39 North, Range 3 East
Mission Road
Central Road
E. Pole Road
Everson Goshen Road
Section 11, Township 39 North, Range 3 East
Everson Goshen
E. Pole Road
Noon Road
Section 10, Township 39 North, Range 3 East
Noon Road
Central Road
Pole Road, East
Lunde Road
Section 9, Township 39 North, Range 3 East
E. Pole Road
Central Road
Hannegan Road
Section 8, Township 39 North, Range 3 East
Hannegan Road
ORDINANCE - 14
Apr. 21, 1983
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E. Pole Road
Beard Road
2
Section 7, Township
39
North,
Range
3 East
3
Beard Road
Guide Meridian
4
E. Pole Road
5
Section 6, Township
39
North,
Range
3 East
Guide Meridian
6
E. Pole Road
E. Bartlett Road
7
Section 5, Township
39
North,
Range
3 East
8
Hannegan Road
E. Pole Road
9
Section 4, Township
49
North,
Range
3 East
10
Hannegan Road
E. Pole Road
11
Fountain Road
12
Section 14, Township
39
North,
Range
2 East
Piper Road
13
Woodlyn Road
W. King Tut Road
14
Aldrich Road
15
Section 11, Township
39
North,
Range
2 East
W. Pole Road
16
W. King Tut Road
Woodlyn Road
17
Section 31, Township
40
North,
Range
4 East
18
Emerson Road
Massey Road
19
Mission Road
20
Section 32, Township
40
North,
Range
4 East
Massey Road
21
Nooksack Road
South Pass
22
Section 33, Township
40
North,
Range
4 East
23
Oat Coles Road
South Pass
24
Goodwil Road
Massey Road
25
Section 5, Township
39
North,
Range
4 East
26
Mack Road
Ellis Road
27
Massey Road
Nooksack Road
28
Section 4, Township
39
North,
Range
4 East
29
Goodwin Road
Cabrant Road
30
Oat Coles Road
Mack Road
31
Section 141 Township
39
North,
Range
3 East
32
ORDINANCE - 15
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Central Road
E. Hemmi Road
Everson Road
Noon Road
Section 13, Township 39 North, Range 3 East
Central Road
Hemmi Road
Everson Road
Mission Road
Section 22, Township 39 North, Range 3 East
Mertz Road
E. Hemmi Road
E. Axton
Section 23, Township 39 North, Range 3 East
Noon Road
E. Hemmi Road
Everson Road
Section 27, Township 39 North, Range 3 East
E. Smith Road
E. Axton Road
Starry Road
Section 21, Township 40 North, Range 2 East
Bob Hall Road
Birch Bay Lynden Road
Enterprise Road
Loomis Trail Road
Section 20, Township 40 North, Range 2 East
Birch Bay Lynden Road
Enterprise Road
Loomis Trail Road
Sunrise Road
Section 19, Township 40 North, Range 2 East
Birch Bay Lynden Road
Sunrise Road
Delta Line Road
Loomis Trail Road
Jess Road
Section 24, Township 40 North, Range 1 East
Delta Line Road
Loomis Trail Road
Birch Bay Lynden Road
Stein Road
Section 25, Township 40 North, Range 1 East
Birch Bay Lynden Road
Willeys Lake Road
Creasey Road
Stein Road
Custer School Road
Section 26, Township 40 North, Range 1 East
Arnie Road
Custer School Road
Creasey Road
ORDINANCE - 16
Apr. 21, 1983
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Birch Bay Lynden Road
Valley View
Section 3, Township 39 North, Range 2 East
W. Wiser Lake Roard
Ritter Road
Section 2, Township 39 North, Range 2 East
W. Wiser Lake Road
Section 36, Township 40 North, Range 2 East
W. Wiser Lake Road
Guide Meridian Road
River Road
Section 35, Township 40 North, Range 2 East
River Road
Section 34, Township 40 North, Range 2 East
Willeys Lake Road
Ritter Road
Section 31, Township 40 North, Range 2 East
Willeys Lake Road
Zell Road
Delta Line Road
Harksell Road
Section 14, Township 40 North, Range 1 West
Drayton Harbor Road
Section 15, Township 40 North, Range 1 West
Semiahmoo Drive
Section 21, Township 40 North, Range 1 West
Semiahmoo Drive
Birch Drive
Section 4, Township 38 North, Range 2 East
Wynn Road
Rural Avenue
Shady Lane
Kope Road
Section 5, Township 38 North, Range 2 East
Shady Lane
Rayhorst
Ferndale Road
Slater Road
Section 6, Township 38 North, Range 2 East
Ferndale Road
Slater Road
River Road
Section 1, Township 38 North, Range 1 East
S. Redriver Road
River Road
Haxton Road
Slater Road
Section 2, Township 38 North, Range 1 East
ORDINANCE - 17
Apr. 21, 1983
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Hillaire Road
S. Redriver Road
River Road
Section 3, Township 38 North, Range 1 East
N. Redriver Road
Slater Road
Section 32, Township 39 North, Range 2 East
Slater Road
Ferndale Road
Nielson Road
Section 31, Township 39 North, Range 2 East
Immhoff Road
Slater Road
Unick Road
S. Church Road
Ferndale Road
Section 36, Township 39 North, Range 1 East
Slater Road
Haxton Way
S. Church
Olson Road
Lampman Road
Section 35, Township 39 North, Range 1 East
Slater Road
Lampman Road
Unick Road
Elder Road
Section 25, Township 39 North, Range 1 East
S. Church
Olson Road
Mountain View Road
Section 20, Township 40 North, Range 3 East
Polinder Road
Front Street
Section 29, Township 40 North, Range 3 East
Polander Road
Hannegan Road
Section 28, Township 40 North, Range 3 East
Thiel Road
Abbot Road
Polander Road
Section 21, Township 40 North, Range 3 East
Hampton Road
Polander Road
River Road
Section 27, Township 40 !forth, Range 3 Fast
Nottir Road
Abbot Road
Timon Road
Section 22, Township 40 North, Range 3 East
ORDINANCE - 18
Apr. 21, 1983
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Northwood Road
Hampton Road
Polinder Road
Section 32, Township 40 North, Range 3 East
Husman Road
Lake Road
Bylsma Road
Van Dyke Road
Hannegan Road
Section 33, Township 40 North, Range 3 East
Van Dyke Road
Lankharr Road
Section 34, Township 40 North, Range 3 East
Van Dyke Road
Thiel Road
Holz Road
Section 3, Township 39 North, Range 3 East
Noon Road
Holz Road
E. Pole Road
Section 29, Township 40 North, Range 2 East
Birch Bay Lynden
Enterprise Road
Woodland Road
Section 28, Township 40 North, Range 2 East
Willeys Lake Road
Enterprise Road
Birch Bay Lynden Road
Section 26, Township 40 North, Range 2 East
Rathbone Road
Birch Bay Lynden Road
Section 25, Township 40 North, Range 2 East
Birch Bay Lynden Road
Flynn Road
Guide Meridian
Section 14, Township 40 North, Range 2 East
Loomis Trail Road
Berthausen Road
W. Badgre Road
Weidkamp Road
Section 11, Township 40 North, Range 2 East
Badger Road
Axling Road
Weidkamp Road
Section 2, Township 40 North, Range 2 East
Axlund Road
Burnhart Road
H Street Road
Section 17, Township 40 North, Range 3 East
E. Badger Road
ORDINANCE - 19
Apr. 21, 1983
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Depot Road
Benson Road
Section 16, Township 140 North, Range 3 East
Vinup Road
E. Badger Road
Depot Road
Bradley Road
Section 15, Township 140 North, Range 3 East
Northwood Road
Line Road
Vinup Road
E. Badger Road
Kamm Road
Section 9, Township 140 North, Range 3 East
Bender Road
Pangborn Road
Bloom Road
E. Badger Road
Section 18, Township 39, Range 2 East
Malloy Road
Church Road
Thornton Road
Section 19, Township 39, Range 2 East
Mountain View Road
Malloy Road
Church Road
Thornton Road
Section 30, Township 39, Range 2 East
Douglas Road
Ferndale Road
Church Road
Unick Road
Section 19, Township 140 North, Range 1 East
Lincoln Road
Anderson Road
Birch Bay Lynden Road
Blaine Road
Harborview Road
Section 33, Township 140 North, Range 1 East
Arnie Road
Kickerville Road
Bay Road
Ham Road
Section 13, Township 140 North, Range 1 East
Custer School Road
Delta Line Road
Stein Road
Section 23, Township 140 North, Range 1 East
Custer School Road
Loomis Trail Road
Valley View Road
Birch Bay Lynden Road
ORDINANCE - 20
Apr. 21, 1983
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Section 33, Township 39 North, Range 1 East
Unick Road
Lake Terrell Road
Slater Road
Section 34, Township 39 North, Range 1 East
Elder Road
Slater Road
Lake Terrell Road
Unick Road
Section 24, Township 39 North, Range 3 East
Hemmi Road
Axton Road East
Everson Goshen
Mission 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 Whatcom County Council and County
Director of Public Works and such written acceptance shall be
in form and substance as shall be prescribed and approved by
the County Prosecuting Attorney and operate as an acceptance of
each and every term and condition and limitation contained in
this ordinance, and in such franchise;
(b) Such written acceptance shall be filed by Grantee not
later than the thirtieth day following the effective date of
the ordinance granting such franchise; and in default of the
filing of such written acceptance as herein required, Grantee
shall be deemed to have rejected the same.
Section 3. Entering Rights of Way.
The Grantee, its successors and assignees, shall have the
right and authority to enter upon the above - mentioned County
roads, rights -of -way and other County property as designated
hereinbefore, for the purposes of constructing its transmission
lines and all necessary fciiities connected therewith, and for
re.pairing all such lines and facilities, and for operating and
maintaining said lines and facilities.
ORDINANCE - 21
Apr. 21, 1983
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Section 4. Construction Standards.
All construction and installation work along, under or over
County roads or rights -of -way or other County property outside
the corporate limits of any incorporated town shall be subject
to the approval and pass the inspection of the Director of
Public Works and shall conform to all applicable County, State
and Federal minimum standards, codes or regulations, and the
County expressly reserves the right to prescribe how and where
mains, poles, lines, and wires shall be installed and may from
time to time upon reasonable notice, require the removal and
replacement thereof in the public interest.
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, showning 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
exact conformity 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
ORDINANCE - 22
Apr. 21, 1983
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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. The Grantee shall pay all actual and
necessary costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the
said permits.
Section 6. Construction on Roadways /Other County
Property.
(a) In any work which requires breaking of soil of the
County roads, rights -of -way or other County property subject to
this Franchise for the purpose of laying, relaying, connecting,
disconnecting and repairing the said transmission lines and
facilities, and making connections between the same to
structures and buildings of consumers or making connections to
other facilities of the Grantee now in existence or hereafter
enstructed, 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
andleave the same in as good condition as before the word was
commenced.
(b) Applications for permits referred to in Seetino 5
above shall be accompanied by specifications for the restor-
ation of the County road, rights -of -way or other County
property and to the same condition as it was prior to such
breaking, and such specifications must be approved by the
ORDINANCE - 23
Apr. 21, 1983
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Director of Public Works before such breaking of the soil is
commenced. Provided, that the Director of Public Works may
require a performance bond in the sum sufficient to guarantee
that such County roads, rights -of -way or other County property
shall be restored to the same condition as they were prior to
the breaking of the soil. Said bond shll be in addition to any
other such requirements contained herein.
(c) The Director of Public Works may at any time, do
order, or have done any and all work that it considers
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 a condition dangerous to life or propertry, and
the Grantee upon demand shall pay to the County all costs of
such work.
Section 7. Construction - Other Lines and Facilities.
(a) All cnstruction 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 .-_stalled with respect to the
Grantee. Such preference shall continue in the event of the
necessity of relocating or changing the grade of any such
County road or right -of -way.
ORDINANCE - 24
Apr. 21, 1983
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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. This Franchise shall be subject to the power
of eminent domain, and in any proceeding under eminent domain,
the franchise itself shall have no value.
Section 10. Relocation of Lines and Facilities.
ORDINANCE - 25
Apr. 21, 1983
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(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 regarding,
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 of Public Works
or the Director of Highways, shall at its sole expense, within
thirty (30) working days change the location or readjust the
elevation of its transmission lines and other facilities so
that the same shall not interfere with such County work and so
that such lines and facilities shall conform to such new grades
or routes as may be established. The County of Whatcom shall
in no wise be held liable for any damages to said Grantee that
may occur by reason of any of the County's improvements,
changes or works above enumerated.
(b) All work to be performed by the Grantee under this
section shall be under the direction and approval, and shall
pass the inspection of the Director of Public Works. The
Grantee shall pay all actual and necessary costs and expenses
incurred in the examination, inspection and approval of such
work.
Section 11. County Road Work Permitted.
The laying, construction, operation and maintenance of the
Grantee's transmission lines and facilities authorized by this
Franchise shall not preclude the County of Whatcom, its agents
or its contractors from blasting, grading, excavating or doing
other necessary road work contiguous to the said lines and
facilities of the Grantee provided that the Grantee shall be
ORDINANCE - 26
Apr. 21, 1983
j given forty -eight (48) hours notice of said blasting or other
2 work in order that the Grantee may protect its lines and
3 facilities.
4 Section 12. Monuments and Survey Markers.
5 (a) Before any work is performed under this Franchise
Fi which may affect any existing monuments or markers of any
7 nature relating to subdivisions, plats, roads and all other
8 surveys, the Grantee shall reference all such monuments and
9 markers. The reference points shall be so located that they
10 will not be disturbed during the Grantee's operations under
11 this Franchise. The method of referencing these monuments or
12 other points to be referenced shall be approved by the Director
13 of Public Works. The replacement of all such monuments or
14 or other points to be referenced shall be approved by the
15 Director of Public Works. The replacement of all such
16 monuments or markers disturbed during construction shall be
17 made as expeditiously as conditions permit, and as directed by
18 the Director of Public Works. The cost of monuments or other
19 markers lost, destroyed or disturbed, and the expense of
20 replacement by approved monuments shall be borne by the
21 Grantee.
22 (b) A complete set of reference notes for monuments and
23 other ties shall be filed with the Whatcom County Director of
24 Public Works.
25 Section 13. Vacations.
26 If at any time the County of Whatcom shall vacate any
27 County road, right -of -way or other County property which is
28 subject to the rights granted by this Franchise and said
29 vacation shall be for the purpose of acquiring the fee of other
30 property interest in said road, rights -of -way or other County
31 property for the use of Whatcom County, in either its
32
ORDINANCE - 27
Apr. 21, 1983
1
proprietary or
governmental capacity, then the
Council of
2
Whatcom County
may at its option and by giving
sixty (60) days
3
written notice
to the Grantee, terminate this
Franchise with
4 reference to such Countiroad, rights -of -way or other County
5 property so vacated, and the County of Whatcom shall not be
6 liable for any damages or loss to the Grantee by reason of such
7 termination.
8 Section 14. Indemnification.
9 (a) The Grantee by acceptance of the privileges granted
10 hereunder, does hereby agree and covenant to indemnify, defend,
11 and save harmless Whatcom County and those persons who were,
12 are now, or shall be duly elected or appointed officials or
13 members of employees thereof, against and from any loss,
14 damage, costs, charges, expenes, liability, claims, damands or
15 judgments whatsoever kind or nature whether to persons or
16 property, arising wholly or partially out of any act, action,
17 neglect, omissions or default on the part of the Grantee, his
18 sub - contractors and /or employees which may occur by reason of
19 construction, operation and maintenance of the Grantee's said
20 transmission lines and facilities. In case that suit or action
21 is brought against the County of Whatcom for damages arising
22 out of or by reason of the above mentioned causes, the Grantee
23 will upon notice to him of the filing of a claim or the
24 commencement of said action, appear and defend the same at is
25 sole cost and expense, and in case judgment shall be rendered
26 against the County of Whatcom in suit or action, the Grantee
27 will fully satisfy said judgment within ninety (90) days after
28 said suit or action shall have finally been determined, if
29 determined adversely to Whatcom County. Upon the Grantee's
30 failure to satisfy said judgment within a ninety (90) day
31 period, this Franchise shall at once cease and terminate and
32
ORDINANCE - 28
Apr. 21, 1983
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!I the County of Whatcom shall have a lien upon the transmission
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 bvy
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
I franchise. It shall in no manner prohibit the County of
Whatcom from grnating other franchises of a like nature or
franchises for other public or private utilities, under, along,
across, over and upon any of the County roads, rights -of -way,
or other County property subject to franchise, and shall in no
wise prevent or prohibit the County of Whatcom from
construction, altering, maintaining, using or vacating any of
said roads, rights -of -way, drainage structures or facilities,
irrigation structures or facilities, or any other County
property or affect is 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 provisins, conditions, regulations and
requirements herein contained shall be binding upon the
successors and assignees of the Grantee, and all privileges, as
well as all obligations and liabilities of the Grantee shall
inure to its successors and assignees equally as if they were
specifically mentioned wherever Lhe Grantee is mentioned
herein.
Section 17. Transferability.
ORDINANCE - 29
Apr. 21, 1983
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Neither this Franchise nor any interest therein shall be
sold, transferred or assigned without the previous consent in
writing of the Council of Whatcom County, such cnsent not to be
unreasonably withheld.
Section 18. Incorporation.
Whenever any of the County roads, rights -of -ways or other
County property 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 distribution cable) of new cnstruction
required. Such construction 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
ORDINANCE - 30
Apr. 21, 1983
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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
and local codes and regulations; state and municipal
construction standards.
Section 21. Enforcement /Remedies.
(a) If the Grantee shall willfully violate, or fail to
comply with any of the provisions of this Franchise through
willful or unreasonable neglect, or fail to heed or comply with
any notice given the Grantee under the provisions of this
franchise, then the said Grantee shall forfeit all rights
conferred hereunder, and this Franchise may be revoked or
annulled by the Council of Whatcom County. In additional to
any rights implied or set out elsewhere in this ordinance, the
Council reserves the right to apply, at its sole option, any
one or combination of the following in the event the company
violates any provisions of the franchise:
(1) Levy an assessment of actual damages.
(2) Reduce the duration of the franchise on such
basis as the Arbitrator may deem reasonable and justified.
(3) Require a reduction in the company's rates by
such amount or amounts as may be necessary to remedy the
violation;
(4) Require the company to make payments or refunds
to its customers or classes of customers in such amount as may
ORDINANCE - 31
Apr. 21, 1983
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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 compay 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 arbitration. 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 appointment of the final arbitrator. The
decision of the board shall be by a majority vote and signed by
at least two arbitrators. The written decision shall be final
and binding upon the parties.
Section 22. Eminent Domain /Reservation of Home Rule
Charter Rights.
This franchise shall be subject to the power of eminent
domain and the right of the Council or the people acting for
themselves through the initiative or referendum to repeal,
amend or modify the franchise in the interest of the public.
In any proceeding under eminent domain the franchise itself
shall have no value. This section sets forth the requirements
of Section 9.30 of the Whatcom County Home Rule Charter and
shall remain in affect so long as the charter provision is
ORDINANCE - 32
Apr. 21, 1983
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e
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 considertion of the granting of this Franchise and
to compensate 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 periodic inspections and control
as provided herein, the Grantee shall pay to Whatcom County,
quarterly, a sum equivalent to four (4%) percent of the gross
subscriber revenue 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
regular 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.
(b) The Grantee's quarterly payments shall be remitted no
later than the 30th day following the end of the quarterly
period covered by the payment. The Grantee shall be subject to
ORDINANCE - 33
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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 quarterly payments
hereunder required, after receiving written notice from Whatcom
County of the delinquency to the local systems office by
certified mail.
Section 25. Consumer Rates.
(a). Rate increases for regular 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 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 proposed rate change, the Council shall notify the
Grantee in writing of its intention to institute the rate
review procedure.
ORDINANCE - 34
Apr. 21, 1983
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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 decision to the County Council within
ten (10) days of the decision being given. The Board shall
make its recommendatin 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.
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
ORDINANCE - 35
Apr. 21, 1983
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otherwise apply to and be payable by Grantee. No privileges or
rights granted hereunder shall exempt Grantee from any future
uniform rent, license, tax charge, or impost which may
hereafter be required by the grantor, for revenue or as
reimbursement for use and occupancy of public ways, and failure
to timely remit any sums properly due thereby, shall be cause
for forfeiture of rights hereunder.
Section 27. Inspection and Information.
(a) Grantee shall at all reasonable time, 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 property of Grantee, together
with any appurtenant property of Grantee situated within or
without the County, and to examine and transcribe all maps and
other records kept or maintained by Grantee, or under the
control or direction, or at the request of Grantee, which treat
of the franchise 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 avail.able 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
ORDINANCE - 36
Apr. 21, 1983
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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 conditions beyond the control of the
grantee, in which cases the grantee shall correct the
malfunctions with all deliberate speed.
(2) Promptly answer complaints by users.
(3) Give 24 hour notice to users of planned
interruptions of service, insofar as is possible, and attempt
to have such interruptions occur during periods of minimum use
of the system.
(4) Maintain an office within Whatcom County, which
office shall be open during all usual business hours, with its
telephone listed in directories of the telephone company
serving the County, which office shall be so operated that
complaints and requests for repairs or adjustmnts 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 shcedule and advertised, or promised.
ORDINANCE - 37
Apr. 21, 1983
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(a) 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.
(b) To promote the health, safety and welfare
of the citizens of Whatcom County, the County Council may
request, and the Company shall provide, the following:
(1) At least one special designated
non - commercial local origination channel available on a first
come, non - discriminatory basis for the purpose of public
service programming and for use by local educational
governmental and emergency authorities;
(2) The company shall provide without
charge one service drop (line) at each public facility
designated by the County, that is passed by existing cable up
to a maximum of five (5) drops.
Section 29. Insurance.
(a) Upon acceptance of such franchise, the Grantee shall
file with the Whatcom County Council, and shall thereafter,
during the entire term of such franchise, maintain in
full force and effect, a corporate insurance policy or other
adequate surety agreement in the amount of FIVE HUNDRED
THOUSAND DOLLARS ($500,000.00) for property damage coverage,
and THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for public
liability coverage, so as to protect the County against damages
or costs as set forth in Section 14, above, and there shall be
recoverable, jointly and severally from the principal and
surety, any such damages or costs suffered or incurred by the
County, including attorneys' fees and costs of any action, or
proceedings, and including the full amount of any compensation,
ORDINANCE - 38
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indemnification, cost of removal of any property or other costs
which ay 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 County reserves the right to have its legislative
body review the dollar amount of said insurance policy and
adjust the amount of coverge as deemed appropriate upon an
annual basis.
Section 30. Repealers.
The franchise adopted May 1, 1978 and Ordinance No. 79 -8
granting a fifteen (15) year audiovision television cable
franchise on certain County Roads to Whatcom County
Cablevision, Inc. and all other prior existing franchises
granted to Whatcom County 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
ORDINANCE - 39
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should not be used for the purpose of interpreting this
ordinance.
PASSED this 21st day of April, 1983.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
William P. Roehl
Vice- Chairman
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ATTEST:
(
APPROVED ( ) VETOED
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- -
Clerk of• the Cou cil
Joh
ouws,' bounty- F,,X &Cud -iv;e
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April 22, 1983` ..:.
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Date
✓,
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Tu-b-l-ished on March 24,
March 31, and April
29, 1983^
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This ordinance shall
become effective:
May 2, 1983
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ORDINANCE - 40
Apr. 21, 1983