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HomeMy WebLinkAbout1464 - Ordinance - Olympic Cablevision LicenseORDINANCE NO. 1464 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING A LICENSE TO OLYMPIC CABLEVISION, L.P., A WASHINGTON CORPORATION, FOR THE INSTALLATION, MAINTENANCE AND SALE OF USE OF TELEVISION COAXIAL CABLE, PROVIDING REGULATIONS THEREOF AND LICENSE FEES THEREFORE, AND REPEALING ORDINANCE NO. 877 AND 821 (P.O.M.C. 5.72) THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Rights and Privileges of Grantee. The City grants to Olympic Cablevision, L.P., hereinafter called the licensee, and to its successors and assigns, the right, privilege and authority to install, lay down, maintain and operate a coaxial cable subscriber system for television, radio and other distribution in, over, on and under the streets, alleys and public highways of the City, with the necessary manholes and other appurtenances therefore, and to erect poles, with or without crossarms, and to stretch wires and cables on, across the under all streets; to maintain and use the same for the purpose of constructing and operating a coaxial cable distribution system for television, radio and other audio-visual electrical signal distribution to subscribers; and whenever it is practicable and with written permission of the owner to make use of poles already erected in said streets, licensee shall make use of such poles, except that in any district which has been or hereafter shall be by ordinance designated as a district in which telephone, telegraph and electric wires and cables shall be laid underground, licensee's coaxial cable must in said areas or districts likewise be run underground, and licensee shall likewise place underground its existing cables in those districts whenever designated by ordinance as a district requiring other utilities to place their wires and cables underground. Section 2. Duties of Licensee. (a) All poles, cables, wires, antennas, conduits or appurtenances shall be constructed and erected in a neat, workmanlike manner. The City shall not be held liable for any disturbance of licensee's installation resulting from the City's use or occupancy of the right-of-way for any reason. The licensee shall at its own expense move or relocate any of licensee's installations, at the request of the City, where licensee's installations will at any time interfere with a City installation, or any proposed changes thereof or extensions thereto. (b) This ordinance shall not be construed so as to deprive the City of any rights or privileges which it now has or may hereafter have, to regulate the use and control of its streets. Ordinance No. 1464 Page Two (c) The licensee shall provide free coaxial cable television service to all schools within the City and to all City buildings; provided, that the buildings are adjacent to a street upon which the coaxial cable is run by licensee; and provided further that the free service shall be limited to running the cable to the buildings and providing free signal without any monthly charge whatsoever. Any cost of hooking up the cable to television sets or radios within the buildings and running of cables or wires within the buildings shall be borne by the school district involved, or the City. (d) The first year of this license, the licensee shall contribute $2,500 toward the production of community oriented programming and $2,500 each year thereafter subject to annual review by the City. Section 3. Use of Licensee's Poles. The City shall at all times have the right to make free use of any or all of the licensee's poles for attachment of wires and equipment used in connection with any City owned signal or control system. Section 4. Conformance to Construction Regulations. All the construction of the licensee, including installation, shall conform to the National Electrical Code, National Electrical Safety Code, State of Washington Wiring Code, and the City's regulations governing overhead and underground construction and maintenance of wires and cables carrying low voltage electricity. Licensee shall submit all plans required by the City before beginning any construction. Section 5. Restoration of Streets After Construction. After any construction or repair work, the licensee shall restore the streets and right of way promptly to their original condition and to the satisfaction of the City Engineer. The licensee shall comply with Ordinance No. 712 (POMC 12.04) as now or hereafter amended, in all respects, and shall obtain permits as required by said ordinance, and shall comply with the provisions thereof in all respects before any excavation work whatsoever is done within the City. If a street is proposed to be excavated within one year of being over- laid with an asphalt surface, the City has the right to deny the request for street excavation. Section 6. Liability of Licensee. The licensee shall indemnify and save the City harmless from any liability, loss, cost, damage or expense due to casualty, accident or damage, either to the City or to other persons or property, which may at any time arise or occur by reason of the exercise of the rights and privileges herein granted. Section 7. Authority to Charge Fees. Licensee shall lay all cables, wires and lines both on the public and private properties of the City at its own expense, but licensee shall have the privilege of charging its customers both a connection fee to bring the service to their properties and a monthly fee for their continued use of the service. Ordinance No. 1464 Page Three Section 8. Insurance Required. Licensee agrees that during the life of this license, and/or renewals thereof, it will maintain in full force and effect, with a carrier or carriers satisfactory to the City, the following: (1) Compensation insurance complying with all the workmen's insurance and safety laws of the State of Washington, and amendments thereto; (2) Bodily injury liability insurance with limits as may be required by the City, but not to exceed one million dollars each person and one million dollars aggregate; (3) Property damage liability insurance, with limits as may be required by the City, but not to exceed one million dollars each accident. The licensee will provide to the City documents confirming required insurance coverage. Section 9. Bond. During the terms this license remains in effect licensee shall post with the City a bond in the sum of ten thousand dollars conditioned upon the faithful performance of the conditions and terms of the license, and providing a recovery on the bond in case of failure to perform the terms and conditions of license. The bond may be for a period of one year or more provided that a bond is in effect at all times during the terms of this license. Section 10. Period of Franchise. The rights and privileges of the license shall continue for a period of ten years from March 10, 1990 to March 9, 2000. Lessor hereby grants the Lessee the option to renew said lease for additional five (5) years commencing March 9, 2000 under conditions and agreements as negotiated by the lessee and lessor. The licensee, at the termination of this period, or earlier if the facilities of the licensee cease to be used or served by the licensee shall at its own cost and expense remove all construction and installations hereby authorized from the City streets and shall restore all portions of the streets that may have been disturbed to the condition of the surrounding street at the time of such repair, to the satisfaction of the City Engineer. Section 11. License Fee. Licensee shall pay the City a license fee of four percent (4%) of the gross receipts collected by the licensee in the City. License fee shall be payable quarterly during the year, to be based upon gross income received during each quarter ending March 31st, June 30th, September 30th and December 31st and shall be due within forty-five days after the end of the quarter. This license fee shall be in lieu of any business and occupation tax or other tax required to be paid by licensee. This section only of this ordinance and the license fees contained herein, shall be subject to renegotiation at the options of the City for each additional five year period of the remainder of the term of this license; provided, however, that if the City wishes to renegotiate the section and license fee, the City shall give the licensee written notice of the City's intent to renegotiate the section and fees, on or before thirty days from each anniversary of the passage of this ordinance. Ordinance No. 1464 Page Four Section 12. Acceptance of Franchise. This ordinance shall be null and void unless the licensee shall, within thirty days after passage or publication of this ordinance, file with the City Clerk its written acceptance of all terms and conditions of this ordinance. Section 13. Publication Expenses. The licensee shall pay all expenses connected with the publication of the ordinance granting this franchise. Section 14. Safety and Maintenance Required. The City reserves the general right to see that the system of the licensee is constructed and maintained in a safe condition and if an unsafe condition is found to exist, to order the licensee to make necessary repairs and alterations forthwith, and if the licensee shall fail to make the necessary repairs and alterations, the City may make them or have them made and collect all cost and expense thereof from the licensee. Section 15. Forfeiture of License. Upon failure of the licensee to comply with any of the provisions or conditions thereof, within sixty days after service of notice to comply with any such provisions, conditions, restrictions or limitations, made and served by order of the City Council upon the licensee, the Council shall be authorized, upon behalf of the City, to declare by ordinance an immediate forfeiture of this license and the Council may in such case declare and enforce such forfeiture. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this llth day of December, 1989. LESLIE J. WEATHERILL, MAYOR ATTEST: Patricia Hower, City Clerk APPROVED AS TO FORM: Sponsored by: City Attorney Councilman Wilson NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held December 11, 1989. ORDINANCE NO. 1464 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON GRANTING A LICENSE TO OLYMPIC CABLEVISION, L.P., A WASHINGTON CORPORATION, FOR THE INSTALLATION, MAINTENANCE AND SALE OF USE OF TELEVISION COAXIAL CABLE, PROVIDING REGULATIONS THEREOF AND LICENSE FEES THEREFORE AND REPEALING ORDINANCE NO. 877 AND 821 (P.O.M.C. 5.72). Copies of Ordinance No. 1464 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1464 will be provided at a nominal charge. City of Port Orchard Patricia Hower City Clerk Publish: Port Orchard Independent December 20, 1989