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Home My WebLink AboutO-0567 - Grants franchise to GT&E Communications, Inc., for cable TV system (Repealed by 1470)~.,....ORDINANCE NO.567 AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,GRANTING UNTO GT&E COMlVIUNICATIONS INC.,A DELAWARE CORPORATION,ITS SUCCESSORS AND ASSIGNS A FRANCHISE TO CONSTRUCT,OPERATE AND MAINTAIN A COAXIAL CABLE SUBSCRIBER SYSTEM FOR TELEVISION AND FM SIGNAL DISTRIBUTION THROUGHOUT TIlE CITY OF MARYSVILLE,WASHINGTON. THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO ORDAIN AS FOLLOWS: SECTION I:The CITY OF ¥~RYSVILLE,hereinafter referred to as "CITY,tI hereby grante unto GT&.E COMMUNICATIONS INC.,hereinafter called the "GRANTEE,"its successors and assigns,under the conditions and limitations herein prescribed,permission to install,lay down, maintain and operate in,over,upon and under the streets of the CITY OF MARYSVILLE,'a coaxial cable,together with the necessary appurtenances thereto,including antennas,for the purpose of erecting and operating a coaxial cable subscription system for television signal distribution and to transmit FM radio signals to homes of subscribers and to such business and'~ublic establishments as may desire this service and for no other uses or purposes whatsoever.All of such installations are to be subject to the prior approval of and under the supervision of the City Engineer of 'the CITY OF MARYSVILLE. Whenever it is practicable to make use of poles already erected in such streets,GRANTEE shall make use of such poles,provided however, that in any ~ea in the CITY which has or shall hereafter by Ordinance be designated as an area in which telephone,telegraph and electric power wires and cables shall be laid underground,GRANTEE shall not be permitted to erect poles and run or suspend wires,cables,antennas or other conductors thereon,but shall likewise lay such wires,cables or conductors in underground pipes or conduits,and all such work to be done at GRANTEE'S sole cost and expense and under the supervision of the City Engineer,to whom all plans or designs shall first be sub- mitted for approval.Any repair work which requir~s the disturbance of any street or which will interfere with the free use of any street by the traveling public shall not be undertaken until permission and a~proval of the construction and manner of doing the work is obtained from the City Engineer. SECTION "II:All poles,cables,wires,antennas or conduits or appurtenances shall be constructed and erected in a neat,workmanlike manner and ahall 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 within said vicinity.Nothing in this Ordinance shall be construed to prevent the CITY from sewering,planking,paVing,grading,altering or otherwise improving or reimproving any of the streets of this CITYj and the CITY shall not be liable 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 privileges that it now has or which may hereafter be con- ferred upon it,to regulate the use and control of streets. SECTION III:All such cables,wires,antennas and conductors, constructed,run or suspended by the GRANTEE hereunder shall be proper- ly insulated,connected and fastened so as not to be,or come in contact with any object,through or by Which a ground or short circuit could be formed.All construction hereby authorized shall conform to the requirements of the State's electrical code,and the rules and reg- Ulations of the St~te of Washington governing overhead and underground construction and maintenance of wires,cables,poles and conductors for wires or cables carrying low voltage electricity. SECTION IV:GRANTEE shall within thirty (JO)days after the effec- tive date of this Ordinance file with the City Clerk written acceptance X of this franchise and the terms imposed.GRANTEE shall,before com- mencing construction J 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 terms of 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. ;""I _Ordinance NO.567 continued ,'·.f .SECTION V: The rights herein granted unto GRANTEE shall not be deemed exclusive and the right is hereby reserved to the CITY to grant any other person,company,corporation or association,or by itself to exercise the rights and privileges similar to those herein granted. SECTION VI:The rights,privileges and franchise herein granted shall cease and tenninate 20 years after the effective date of this Ordinance.Should GRANTEE desire to terminate this franchise dur- ing the said 20 year term,it shall so notify the CITY OF ;~J\RYSVILLE in writing,and shall remove all wires,cables,antennas and appurtenances installed pursuant hereto within 90 days thereafter,at which t1methis franchise shall terminate. SECTION VII:GRANTEE shall pay the CITY !Qyr fer cent (4%) of the gross revenue received per annum by GRA"NTEErom Its customers -t. within the co rponat e limits of the CITY as now or hereafter constituted,..l' for service rendered customers through the coaxial cable,said payments to be made on or before the first day of January,April,July and r /~ October of each year.This tax shall be credited against any business ~ and occupation tax or other tax imposed by grantor and required to be paid by GRANTEE.In computing the gross received from the opera ion of said GRANTEE,charges made and paid for the installation or connection work to customers shall not be considered gross income.This provision shall not be so construed as to exempt the GRANTEE from any lawful tax- ation upon its property or charges or impositions thereon,not levied on account of the use comtemplated by this franchise and the franchise granted herein.CITY,or its authorized agents,shall 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 pe r annum. SECTION VIII:GRANTEE shall indemnify and save the CITY free and harmless from any liability,loss,costs,damages or expense due to casualty,accident or from any cause whatsoever either to itself,or to persons or property or any right or priVilege of others,Which may at the time arise or occur by reason of the exercise of the privleges herein granted. SECTION IX:GRANTEE shall forfeit all rights and privileges con- ferred by this Ordinance,and this Ordinance shall be null and void and of no force and effect unless GRANTF.E 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,be- fore commencing construction,file with the City Clerk proper evidence that it has in full force and effect public liability insurance with coverage of not less than $100,000.00 per person and $300 1°00.00 per accident,and property damage liability of not less than ~50,OOO.00, and commences construction within six months of the effective date of this Ordinance.The liability insurance thus provided for shall be continuously maintained. SECTION X:No assignment of this franchise shall be permitted without the prior written consent of the CITY. SECTION II:This Ordinance shall take effect upon its passage and five days following its publication as required by law. CITY OF MARYSVILI£ /"(~---.',__J //BY ><'v'/f--,""_- II.P.Gurdner,r~ayor Introduced and read at a regular meeting of the Council of the CITY OF lI.ARYSVILLE on the ..2.~('H'day ot ,51:-P7/Nt3f-(?_,1966,and passed by a vote of five memlers and approved by the Mayor on the regular meeting of said Council held on the (f 1'H day of,,;-(8,":/2--, 1966.. Attest: Amelie Dockendorf City Clerk. Approved as to form: "Itt?«~cc·"-'h1 t-~r.a~( ..1"\.1-....,"c,I i./t-{f·~,-.~') I '""f;f1,Oefr~ frle.. CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.1,2,13 A RESOLUTION OF THE CITY OF MARYSVILLE CONSENTING TO AN ASSIGNMENT OF FRANCHISE/ORDINANCE NO.567 FROM LIBERTY TV CABLE,INC.TO TCI CABLEVISION OF WASHINGTON,INC. WHEREAS,TCI Cablevision of Washington,Inc.is acquiring all the assets of Liberty TV Cable,Inc.,relating to the cable television system located in the City of Marysville;and WHEREAS,upon closing of this acquisition,all right,title and interest of Liberty TV Cable,Inc.in the franchise/Ordinance No.567 shall be assigned to TCI Cablevision of washington,Inc.; and WHEREAS,TCI Cablevision of Washington,Inc.is respectfully requesting that the City consent to such an assignment of the franchise/Ordinance No.567 to TCI Cablevision of Washington,Inc., NOW,THEREFORE,the City of Marysville consents to the assign- ment of the franchise/Ordinance No. 567 from Liberty TV Cable, Inc.,to TCl Cablevision of Washington,Inc.and the release of Liberty TV Cable,Inc.from any further obligations or liability thereunder;PROVIDED,however,that TCl Cablevision of Washington, Inc.,delivers to the City a written acceptance of all the terms and conditions of the franchise/Ordinance No.567 within 60 days of this Resolution. tiPASSED by the City Council and APPROVED by the Mayor this /2 day of HAy ,1986. THE CITY OF MARYSVILLE APPROVED AS TO FORM: Resolution - 1 MAYOR ATTEST: B~£X)~lTY CLERK