HomeMy WebLinkAboutord1983-0381
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DATE: April 21, 1983 INTRODUCED BY: Van 7anten
PROPOSED BY: Snydar /Head
ORDINANCE NO, 83 -38
AN ORDINANCE IN THE MATTER OF GRANTING A NON- EXCLUSIVE
FRANCHISE TO ROBERT SNYDAR AND ELVIS HEAD d /b /a Lake
Samish Television Cable, FOR A PERIOD OF 25 YEARS PUR-
SUANT 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 COUNTY
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 right -of -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;
land
WHEREAS, Robert Snydar and Elvis Head have applied for
a 25 year non - exclusive franchise to operate and maintain
co -axiel cable along certain roads in Whatcom County,
Washington, and notice of this hearing having been duly
published on the 4th and 5th days of May ,
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 commencing on the date this
ordinance shall become effective; and
WHEREAS, in consideration of granting of the non - exclusive
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franchise, Whatcom County shall receive a sum equivalent to
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
Ito 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 Robert Snydar and Elvis
Head, located in the county of Whatcom, their 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 co -axiel 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:
Sections 18, 19, 30, 31, 22, 23, 25, 26, 27, 28, 35, and
36, Township 37, Range 3 E, W.M.
Section 2. Acceptance Of Franchise.
(a) No franchise hereunder shall become effective for any
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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 fcilities connected therewith, and for
repairing all such lines and facilities, and for operating and
maintaining said lines and facilities.
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.
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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
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.
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(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
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,
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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 installed 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.
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
alines and the construction of other facilities and the opening
lof 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
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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.
(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
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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
I work.
Section 11. County Road Work Permitted.
The laying, construction, operation and maintenance of the
JGrantee'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 subdivisions, plats, roads and all other
surveys, the Grantee shall reference all such monuments and
markers. The reference points shall be so located that they
will not be disturbed during the Grantee's operations under
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this Franchise. The method of ref -erencing these monuments or
I other points to be referenced shall be approved by the Director
of Public Works. The replacement of all such monuments or
or other points to be referenced shall be approved by the
Director of'Public Works. The replacement of all such
monuments or markers disturbed during construction shall be
made as expeditiously as conditions permit, and as directed by
the Director of Public Works. The cost of monuments or other
markers lost, destroyed or disturbed, and the expense of
replacement by approved monuments shall be borne by the
Grantee.
(b) A complete set of reference notes for monuments and
other ties shall be filed with the Whatcom County Director of
Public Works.
Section 13. Vacations.
If at any time the County of Whatcom shall vacate any
County road, right -of -way or other County property which is
subject to the rights granted by this Franchise and said
vacation shall be for the purpose of acquiring the fee of other
property interest in said road, rights -of -way or other County
property for the use of Whatcom County, in either its
proprietary or governmental 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 Count 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,
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and save harmless Whatcom County and those persons who were,
are now, or shall be duly elected or appointed officials or
I members of employees thereof, against and from any loss,
damage, costs, charges, expenes, liability, claims, damands 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
lout of or by reason of the above mentioned causes, the Grantee
twill upon notice to him of the filing of a claim or the
commencement of said action, appear and defend the same at is
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 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 fo.r 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
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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,
lirrigation 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
Irequirements 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 the Grantee is mentioned
Iherein.
Section 17. Transferability.
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 ensent not to be
junreasonably 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
Ithe subsequent incorporation of any town or city, or extension
lof the limits of any town or city, shall fall within the city
for town limits this Franchise shall continue in force and
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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 enstruction
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
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
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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
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
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I 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
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
Ito compensate Whatcom County for the Grantee's occupancy of
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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
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
lCounty of the delinquency to the local systems office.
Section 25. Consumer Rates.
(a). Rate increases for regular subscriber services shall
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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.
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
ORDINANCE - 16
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final and binding upon the parties provided that the applicant
may appeal within Ten (10) days of the decision to the County
Council. 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
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
ORDINANCE - 17
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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 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 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
ORDINANCE - 18
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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 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 shcedule and advertised, or promised.
(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
ORDINANCE - 19
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come, non - discriminatory basis.foe 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,
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
ORDINANCE - 20
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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.
Any and all other prior existing franchises granted to Robert
Snydar and Elvis Head shall be repealed, and the terms of the
franchise 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. Severabilitv.
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.
PASSED this
19th day of May , 1983.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST: --
Clerk- of- the Ceuritil
ORDINANCE - 21
APRIL 21, 1983
Council C
(�<) APPROVED ( ) VETOED
—0 —HK— UWS
County Executive
Mav 20. 1983
Date
1 Published on May 4, 5, and 27, 1983
2 This ordinance shall become effective on May 29, 1983
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ORDINANCE - 22
April 21, 1983