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Home My WebLink AboutO-0550 - Grants franchise to Colorcable, Inc. (Special)ORDInANCE NO.550 llN ORDnANCE OF TI1F.CITY OF MARYSVnr-,I;IASHI!'lGTO:'I,GRANTHYG UNTO COLORCAI~LE.,INC.,A WASHIHGTON CORPORATION,ITS SUCCF.SSORS Al'TD ASSIGNS,A FRA:ICIiISF TO COlV'STRUCT,O;:JrRATE AND MAH!TAIN A COAXVlL CAPLF SUBSCPJBER SYSTFJ',i FOB.TFL"'VISION SIGNAL DISTRIBUTION THROUGHOUT THE CITY OF 1Ir.ARYSVILL:·',\'lASHINGTOlf. TBE CITY COUNCIL OF THE CITY OF MARYSVllL~DO ORDAI~AS FOLLOWS: SECTION I:The CITY OF IJiARY3VILLE,herpinafter referr~d to as "GITY,II hereby grants unto COLORCAB~F.,IIi;C.,he red naf't e r-called the "GRANTEE,"its successors and assigns,under thf'conditions and lim- jtations tf'rpin rr~scriben,~ermis~ion to install,lay down,maintain and ()fcrate in,over,upon and under thE'streets of the CITY OF kAHYSVI:!..LE I a coaxial cable,together wi th the necessary appur-t enance e thprpto,includinr,antennas,for thf'purpose of erf'cting and op~rating a coaxial cablf'sub~cription system for television si~nal distribution to homes of ~ubscribers dnd to ~uch busjness and public ~stahlishments as may desire th)S ser-vi ce and for no other uses or rurposes what sonvr-r , All of such installations ar~to be subject to the prior approval of and unde r the surervision of the City Engf.nae r of the CITY OF i·:AtiY3VILLE. Whenever it is rracticable to make use of ~oles already erected in Euch streets,GRANTEE shall make use of such polps,rrovided how- ever,that in any area in the CITY which has or shall herf'after by Ordinance be d~signated as an area in which telerhone,telegraph and ~l~ctric rOWAr wires and ca~les shall be laid underground,GRANTEE shall not be permitted to erect poles and run or suspend \'/ire~,cables, antennas or ot.hs r conductors thereon,but shal.l,Li.kewi s e lay such wires, cables or conductors in underground ripes or conduits,and all such work t.o b~d one at GRAI!TER'S sale cost and expense and unde r thp super- vision of thp City Engineer,to whom all plans or desicns ~hall first be submt t t ect for appr-ova.I , Any repair work which requires the distur- bance 0f any street or which will i!!terfere with the frr>e use of any street by the t rave Li.ng pub Lt c shall not be undertaken until pe rmi esf.on and app roval,of thp con st.r-uc t i on and manner of doing the work is obtai nad from the City Fngineer. SECTION II:All poles,cables,wi res,antennas or eond ui ts or appurter.ances shall be constructed and erected in a neat,workman- like manner and shall be of such height and occupy such position as the City Engineer shall direct and shall not obstruct or interfere with the view for television reception of other users and residents wi thin said vicinity.Nothing in this Ordinance shall be construed to prevent the CITY from sewering,planking,paving,grading,altering or oth~r wise improvine or reimproving any of the streets of ·the CITY;and the CITY shall not be l~able for any damage resulting to the GRANTEE by reason of performance of such work or by exercise of such rights of the CITY.This Ordinance shall not be so construed as to deprive the CITY of any rights or privilefes that it now has or which may here- after be conferred upon it,to regulate the use and cont ro L of, •I '<'. streets. SECTION III:All such cables,wires,ant-ennas and conductors, ." constructed,run or suspended by the GRANTEE 'hereunder sh~)l be proper- ly insulated,connected and fastened so as not to be,or come in contact with any object,through or by wldch a ground or short circuit could be formed.All constr~ction hereby authorized shall conform to the r~quirements of the State's electrical code,and the rules and regulations of the State of Washington governin&overhead and under- ground construction and maf.nt.enance of wires,cables,poles and conductors for wires or cables carrying low voltaee electricity. SECTION IV:GRANTEE shall within thirty days after the effective date of this Ordinance file with the City Clerk written acceptance of this franchise and the terms imposed.GRANTEE shall,before commencing construction,file a good and sufficient bond in the penal sum of $10,000.00 executed by a surety company authorized and qualified to do business in the State of Washington,conditioned upon the faithful performance of all duties and obligations to be performed by the GRANTEE under the termaof this Ordinance including the payment of all taxes imposed'by the terms of this Ordinance and the removal of said system,such bond to be renewed annually. SECTION V:The-rights herein granted unto GRANTEE shall not be -I'. , deemed exclusive and the right is hereby res~rved to the ~~TY to-grant I ,~-..,- any other person,company,corporation or association,or by itself to exercise the rights and privileges similar to those herein eranted. SECTION VI:The rights,privileres and frdnchise herein eranted shall cease and terminate 20 years after the effective date of this Ordir..ance.Should GRMITEE desire to t.e rmf nat.e this franchise during the said 20 year term,it shall so notify the CITY ~F N:ARYSVILLE in writing,and shall remove all wires,cables,antennas and appurtenances installed pursuant hereto within 90 days thereafter,at which time this franchise shall terminate. SECTION VII:GRANTEE shall pay the CITY four per,cent (4%)of the gross revenue received per annum by GRANTEE from its customers within the corporate limits of the CITY as now or hereafter constituted, for service re~~ered customers'through the coaxial cable,said pay- ments to be made on or before the first day of January,April,July Qnd October of each year.This tax shall be credited against any busir.ess and occupation tax or other tax imposed by grantor and re- qUired to be paid by GRANTEE.In computing th~gross r~ceived-from the operation of said GRANTEE,charges made and paid for the installation or connection work to custqmers shall not be considered gross income. This provision shall not be so construed as to exempt the GRANTEE from any lawful taxation uron its property or charges or impositions there- on,not levieQ on account of the use contemplated by this franchise and the franchise granted herein.CITY,or its authorized agents, ehall have the right to inspect the books and records of the GRANTEE at reasonable times for the purpose of ascertaining accurately what the actual gross receipts of GRANTEE may _be per annum. SECTION VIII:GRANTEE shall indemnify and save the CITY free and harmless from any liability,loss,costs,damage or expense due to casualty,accident or damage either to itself,or to persons or property of others,which may at the time arise or occur by reason of the exercisp of the privileges herein granted. ,-, "'........~.. " SECTION IX:GRAIITEE shall forfeit all rights and privileges conferred by this Ordinance,and this Ordinance shall be null and void and of no force and effect unless GRANTEE shall,within thirty (30)days after the effective date of this Ordinance,file with the City Clerk its written acceptance of this franchise;and GRANTEE shall,before commencing construction,file with the City Clerk proper evidence that it has in full force and effect public liability in- surance with coverage of not less than $100,000.00 p~r person and ~300,OOO.00 per accident,and rroperty damage liability of not less than ~50,OOO.OOJ and commences construction within six months of the effective date of this Orainance.The liability insurance thus pro- vided for shall be continuously maintained. SECTION X:No assignment of this franchise shall be permitted without the prior written consent of the CITY. SECTION XI:This Ordinance shall take effect upon its passaee and five days following its publication as required by law. Introduced and read at a regular meeting of the Council of the CITY OF YillRXSVILLE on the 1Qth day of Janu~ry,1966,and passed by a vote of five members and approved by the Mayor on the regular meeting of said Council held on the 24th day of January,1966. CITY OF ~~RYSVILLE -~BY:~ N.~er,Mayor Attest: (lIn ..·.i~.L-·Lj-;':t!:-"e __--<..{~-·L/· City ClerK ~ Approved as to form: 'Walter W.Duncan City Attorney