HomeMy WebLinkAboutO-1949 - Franchise grant to Tele-Vue Systems, Inc. (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.L1'fCf
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
GRANTING A NONEXCLUSIVE FRANCHISE TO TELE-VUE SYSTEMS,
INC.,A WASHINGTON CORPORATION,DBA VIACOM CABLE,TO
CONSTRUCT,INSTALL AND OPERATE LINES,WIRES,COAXIAL
CABLE AND APPURTENANCES FOR ORIGINATING,RECEIVING,
DISTRIBUTING AND SUPPLYING RADIO,TELEVISION AND OTHER
CABLE COMMUNICATION SERVICE ALONG,ACROSS AND UPON THE
PUBLIC'S STREETS,WAYS,ALLEYS,AND PLACES WITHIN THE
CITY OF MARYSVILLE.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN AS FOLLOWS:
section 1.Definitions.In addition to those terms defined
in Chapter 5.68 of the Marysville Municipal Code (Master Cable
Ordinance),the following specific definitions shall apply to
this franchise ordinance.
a."Access channels"means the free composite
channels to be used for educational purposes and by
government and public agencies and/or their representatives.
b."Basic service"means that cable service regularly
provided to all subscribers that includes the retransmission
of local broadcast television signals and the pUblic,
educational and governmental channel,if required by the
terms hereof.
c."CATV"means a community antenna television system
as hereinafter defined.
d."Channel"means a single path or section of the
spectrum which carries a television signal.
e."Community Antenna Television System,""cable
television system"or "system"means a system of antennao,
cables,wires,lines,towers,transmission lines,equipment
or facilities,designed and constructed for the purpose of
producing,receiving,transmitting,amplifying,scrambling
and distributing aUdio,video and other forms of electronic
or electrical signals,located in whole or in part in the
City.
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,'
f."Converter"means an electronic device with a
channel selector which converts cable signals to a
frequency(s)which permit a subscriber's television receiver
to utilize all authorized cable signals for viewing.
g.
converts
signal.
"Decoder"means electronic equipment which
an electronically scrambled picture into a viewable
h."Institution"means a building or buildings where
service may be utilized in connection with business,trade,
profession,pUblic agency or service,school,or nonprofit
organization.
i."Institutional network"means a cable
communications network designed principally for the
provision of nonentertainment interactive services to
businesses,schools,pUblic agencies or other nonprofit
agencies.
j."Interactive services"means services provided to
subscribers where the subscriber either (a)both receives
information consisting of either television or other signals
and transmits signals generated by the subscriber or
equipment under his/her control for the purpose of selecting
what information shall be transmitted to the subscriber or
for any other purpose;or (b)transmits signals to any other
location for any purpose.
k."Leased access channel"means any channel or
portion of a channel available for programming for a fee or
charge by persons or entities other than the franchisee.
1."Local origination channel"means any channel or
portion of a channel on which the local franchisee offers
programming.
m."Operator"means the person to whom a franchise is
granted pursuant to the provisions of this ordinance.
n."Premium service"means programming over and above
those provided by basic service for which there is
additional charge.
o."residential network"means a cable communications
network designed principally for the delivery of
entertainment,community access and/or interactive services
to individual dwelling units.
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p."Scrambler"means a device used to electronically
alter a signal so that it can be viewed by use of special
decoding device(s).
q.
or other
separate
"Service tier"means a category
services,provided by franchisee
charge is made by franchisee.
of cable service
for which a
section 2.Purpose.This franchise shall constitute an
agreement between the city of Marysville and Tele-Vue Systems,
Inc.(hereinafter the "operator").The operator promises to
construct,maintain and operate a cable television system for the
distribution of television and other electronic signals pursuant
to the terms of this franchise.The City agrees to grant the
operator all necessary rights and privileges to use public
rights-of-way necessary for a cable television system.This
agreement shall,as of its effective date,supersede and replace
existing franchises,if any,previously granted by the city of
Marysville to the operator or any of its predecessors,
subsidiaries or affiliated companies.
section 3.Length of the Franchise.This franchise shall
be for a term through midnight,September 30,2001.
Section 4.Terms of the Franchise.This franchise granted
to the operator shall not be deemed exclusive and shall not in
any manner prevent the City of Marysville from granting other
franchises.The operator agrees to all the terms,conditions,
requirements,obligations and duties as outlined in Chapter 5.68
of the Marysville Municipal Code (hereinafter "Cable
Communications Regulatory Ordinance").All terms used hereunder
and not defined,shall have the same meaning as in the Cable
Communications Regulatory Ordinance.
section 5.Service Area.The operator's service area shall
be the following described area within the incorporated area of
the city of Marysville and any later reorganized,consolidated,
enlarged or reincorporated area contiguous to the following
described service area:
At 64th st.N.E.and the extension of 57th
Ave.N.E.south to the north line of section
34,Township 30 North,Range 5 East,all
points south and east of those lines and
including all of said section 34 and south of
said section 34 all points east of Ebey
Slough.
ORDINANCE - 3
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a.Installation of Basic Service.
b.Periodic charges for Basic Service.
c.Installation of Premium Service.
d.Periodic charges for Premium service.
e.Installation of FM service.
f.Periodic charges for FM service (including rate
for FM service as a primary service).
g.Charges for relocation and reconnection.
h.Converter charges.
i.Charges for parental control keys.
j.Installation charges for bulk/commercial service.
k.Periodic charges for bUlk/commercial service.
1.Installation charges for additional outlet
service.
m.Periodic charges for additional outlet service.
n.Discounts for mUltiple premium services,etc.
o.Interactive service charges.
p.Extended drop installation charges.
q.Charge for devices for those with impaired
hearing.
r.All other charges.
The operator shall notify the City in writing thirty (30)
days in advance of any modification in said rates.
The rates charged to subscribers for nonpremium programming
shall be as described on Exhibit A,attached hereto and
incorporated herein by this reference.
The programming of such services shall be as described on Exhibit
B attached hereto and incorporated herein by this reference,or
equivalent programming recognizing the necessity to comply with
present and future Federal Communications commission regulations
ORDINANCE - 4
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and the provisions of the Cable Act as it now reads or is
hereafter amended.
section 7.Franchise Fees.The operator shall pay the city
quarterly,on or before the thirtieth (30th)day of each January,
April,July and October,a sum equal to five percent (5%)of the
gross revenues.In the event that federal laws subsequently
enacted change the franchise fee,the new fees shall be reflected
automatically as a modification of above rates and shall be
payable by the operator upon the date of such enactment.
The operator shall estimate its total gross revenues for
each quarter.At the end of the year a final report shall be
submitted together with final adjusted payment for the year no
later than forty-five (45)calendar days after the relevant
computation date.Interest shall be paid at a rate of no less
than twelve percent (12%)or any other rate whose maximum is
permitted by applicable state or federal law per annum on any
variance in the final report that resulted in quarterly
underpayment(s).Each payment shall be accompanied by a
financial report showing the basis for the computation separately
showing revenues received within the City from basic service,pay
service,installations,second outlets,converter charges,
advertising,other sources of revenue and such other relevant
facts as may be reasonably required by the City.
The City shall have the right,and reasonable time,to
inspect the books and records of the operator for the purpose of
ascertaining the actual subscriber charges.
No acceptance of any payment shall be construed as a release
of any claim the city may have for further or additional sums
payable under the provisions of this ordinance.
Nothing in this section shall limit the operator's liability
to pay applicable local taxes.This reservation includes,but is
not limited to,any applicable amusement taxes,business and
occupation taxes,utility and property taxes.
section 8.System Capability.The operator shall provide
the minimum of a 300 MHz system capable of thirty-five (35)
channels and shall be activated with an initial minimum of
twenty-three (23)channels of service.Such system shall be
fully operational no less than twelve (12)months from the date
of the award of the franchise.
Furthermore,at such time as thirty percent (30%)of other
systems operated by the operator of similar demographics,as
determined by trade reference books,have installed or are
upgraded to a 400 MHz operation,then the City Council may after
determining community needs direct the operator to make a similar
ORDINANCE - 5
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upgrade capability.Such system shall be completed within
eighteen (18)months of such notification to the operator.
Demographic factors to be considered are size of the subscriber
base and the number of dwelling units passed.Whenever possible,
the age of plant and date of purchase should also be considered
in this evaluation.
section 9.Public Municipal Buildings.The operator shall
provide without charge one (1)outlet of basic service to the
city's office building(s),fire station,police station,and
public school buildings that are passed by its cable system.The
outlets of basic service shall not be used to distribute or sell
cable services in or throughout such buildings;nor shall such
outlets be located in common or public areas open to the pUblic.
Users of such outlets shall hold operator harmless from any and
all liability or claims arising out of their use of such outlets,
including"but not limited to,those arising from copyright
liability.The operator shall not be required to provide an
outlet to such buildings where the drop line from the feeder
cable to said buildings or premises exceeds one hundred fifty
(150)aerial cable feet or seventy-five (75)underground feet,
unless,at the discretion of the operator,the appropriate
governmental entity agrees to pay the incremental cost of such
drop line in excess of 150/75 cable feet.The operator shall
make no monthly service charge for the services thus provided.
section 10.Emergency Override.In the case of any
emergency or disaster,the operator shall,upon request of the
City,make available a channel for the City to provide emergency
information and instructions during the emergency or disaster
period.The City shall hold the operator,its agents,employees,
officers,and assigns hereunder harmless from any claims arising
out of the emergency use of its facilities by the City,
including,but not limited to,reasonable attorney's fees and
costs.
section 11.Emergency Power.The operator shall provide a
standby power system to automatically activate equipment at the
headend and hubs,if applicable,in event of a primary electrical
failure.
section 12.Safety Requirements.
a.The operator shall,at all times,employe
professional care and shall install and maintain and use
commonly accepted methods and devices for preventing
failures and accidents which are likely to cause damage,
injuries,or nuisances to the pUblic.
b.All structures and all lines,equipment and
connections in,over,under and upon the streets,sidewalks,
ORDINANCE - 6
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alleys and public ways or places of the franchise are,
wherever situated or located,shall at all times be kept and
maintained in a safe,suitable condition,and in good order
and repair.
c.The City reserves the general right to see that
the system of the operator is constructed and maintained in
a safe condition,and if unsafe condition is found to exist,
to order the operator to make necessary repairs and
alterations,within a reasonable time period.Thereafter,
the city may make them or have them made and collect all
reasonable cost and expense thereof from the operator.
However,nothing in this franchise shall be construed to
place an obligation on the city to make such inspections or
repairs or alterations.
section 13.Construction Inspection.Should the city have
probable cause either through subscriber complaints or other
means to believe that a problem may exist in the technical
performance of the system,the operator shall be notified in
writing of such alleged defects and furnished data leading to
such supposition.The operator shall be given an opportunity to
correct such defects within a reasonable time.If such
condition(s)persist,the City,upon written advance notification
of no less than ten (10)working days,and upon proper
identification of inspectors,shall have the right to inspect the
operator's system to ascertain if the operator is in compliance
with the standards specified in this franchise and master
ordinance.Costs for such an inspection shall be borne by the
operator provided such deficiencies are demonstrated to exist.
section 14.Upgrade Commencement.Upon granting of this
franchise,the operator shall immediately pursue the obtaining of
all other necessary permits and licenses with all due diligence
and speed.No later than ninety (90)days sUbsequent to
obtaining such licenses and permits,the operator shall begin
upgrade of the system,if not already so done,in accordance with
the overall schedule as set forth by this franchise.
section 15.Upgrade Construction Penalties.The operator
shall be assessed the sum of TWO HUNDRED DOLLARS ($200.00)per
day as compensatory liquidated damages for each day the
installation upgrade is not fUlly completed after the expiration
of the twelve (12)month periOd following the awarding of the
franchise,except for delays due to acts of God.The operator
may obtain extensions of upgrade deadlines due to delays caused
by circumstances beyond operator's control.The city shall have
the right,solely and exclusively within its reasonable
discretion,to grant such extensions and to waive such penalties.
Any such waiver shall not constitute waiver of future rights to
enforce this penalty.
ORDINANCE - 7
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section 16.Performance Tests.On an annual basis,and
upon request by the City,the operator shall furnish test results
to determine that such system is adhering to technical standards
as required by the FCC
section 17.Record Inspection.The City reserves the right
to inspect the records of the operator at any time during normal
business hours with advance written notice.Such documents shall
include,but not be limited to,such information as financial
records,tax returns and plans as necessary for the enforcement
of terms of the franchise agreement.
section 18.Periodic Reports.Upon advance request from
the City and no sooner than sixty (60)days from the conclusion
of the fiscal year,the operator shall furnish to the city a
report of its activities in this franchise area,including,but
not limited to,the following:
a.Annual report and 10-K Report to the SEC,if so
required of the franchisee.If the operator is not required
to file such reports,an independent certified audited
financial report shall suffice.However,it is understood
that such reports may be submitted beyond the reporting
period of consistent with operator's corporate policies.
b.
City.
c.
d.
e.
f.
g.
h.
Listings of the number of subscribers within the
The number of dwelling units passed.
The number of subscribers with basic service.
The number of subscribers with premium services.
The number of subscribers with two-way services.
The number of hook-ups in period.
The number of disconnects in period.
i.The number of miles of new or rebuilt cable laid
in period.
j.Total number of miles of cable in city.
k.Comments on citizen relations,such as number of
complaints received and how those complaints were resolved.
1.Plans for future technical upgrading.
ORDINANCE - 8
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m.Plans for future programming and/or changes.
n.Maps indicating existing location of headend
equipment,trunk and distribution lines and projected routes
with construction completion estimates by month or by
quarter if changed from previous reporting period.
o.General comments.
section 19.Customer Service.The operator shall provide a
local business office within twenty-five (25)miles of the city
Hall of Marysville.Operator shall provide an adequate number of
telephone lines,telephone instruments and trained personnel to
insure against undue delay in answering consumer request.In
addition,telephone answering recording devices shall be
activated after normal business hours so that all such inquiries
and/or complaints may be monitored and prompt response made by
the operator.The efficiency of such telephone response shall be
judged by the City by citizens'complaints and spot checks by
city officials or its designee.Upon notification of any
deficiency operator shall then take immediate corrective action
to satisfy such problem(s).
In the event that the operator's service to any subscriber
is interrupted for twenty-four (24)consecutive hours,except for
acts of God and matters beyond control of the operator,and
except in circumstances for which the prior approval of the
interruption is obtained form the city,the operator shall,upon
request of the affected SUbscriber,provide a pro rata rebate of
the total monthly fees to each affected subscriber in addition to
any other applicable refund or penalty.
The operator shall ensure that all subscribers and/or
members of the general pUblic have recourse to a satisfactory
hearing of any complaint.The operator shall take affirmative
action to make known to all subscribers the method of obtaining
such a hearing including the provision of this section enumerated
below.
Should a person have an unresolved complaint regarding cable
service or the actions or nonactions of the operator,such
complaint may be lodged with the City,or the designee of the
City.The City retains responsibility for continuing oversight
administration of the franchise granted pursuant to this
franchise and under the terms thereof and in accordance with the
Cable Act Section 632 and any amendments thereto.It may
delegate such authority to an agent if desired.The operator
shall provide this information together with appropriate
telephone and address to all subscribers on informative material
left with a new subscriber and,at least once a year,through
notification by mail.
ORDINANCE - 9
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section 20.Franchise Discussions.A meeting between the
operator and the City shall be held annually on or about the
anniversary date of the granting of the franchise However,such
meetings may be called at other such times as may be deemed
necessary by the City or the operator.The subjects of the
annual meetings shall cover,but not be limited to,such subjects
as:consumer complaints,construction progress,programming,
technical improvements and other matters.
section 21.Modification of Franchise Obligations.The
operator's rights to modify its franchise obligations shall be
conditioned on mutual agreement of the city and franchisee or as
provided for in the Cable Act as it now reads or is hereafter
amended.
section 22.Conformance to FCC Regulations.If any portion
of this franchise should be inconsistent with any rule or
regulation now or hereafter adopted by the FCC,then to the
extent of the inconsistency,the rule or regulation of the FCC
shall control for so long as such rule or regulation shall remain
in effect,but the remaining provisions of this franchise shall
not hereby be affected.
section 23.Renewal Before Expiration.Notwithstanding
anything to the contrary set forth in this section,the operator
and the city agree that at any time during the term of the then
current franchise,while affording the public appropriate notice
and opportunity to comment,the City and operator may agree to
undertake and conclude negotiations regarding renewal thereof.
The operator and the City consider the terms set forth in this
section to be consistent with the express provisions of section
626 of the Cable Act.
section 24.Continuity of Service.
of all subscribers to continue receiving
financial obligations to the company are
It shall be the right
service so long as their
fulfilled.
a.In this regard the operator shall act so far as it
is within the control of the operator so as to ensure that
all subscribers receive continuous uninterrupted service
during the term of this franchise.
b.In the event the operator fails to operate a
system for twenty-four (24)continuous and consecutive hours
without prior notification to and approval of the City
Councilor without just cause such as an impossibility to
operate the system because of the occurrence of a natural
disaster,the City may,at its option,operate the system or
designate someone to operate the system until such time as
the operator restores service to conditions acceptable to
ORDINANCE -10
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the City Councilor a permanent operator is selected.If
the city is required to fulfill this obligation for the
operator,the operator shall reimburse the City for all
reasonable costs or damages in excess of revenues from the
system received by the city that are the result of the
operator's failure to perform.
section 25.Removal and Abandonment of Property of
Franchisee.Pursuant to state and federal law,in the event that
the use of any part of the CATV system is discontinued for any
reason for a continuous period of twelve (12)months,or in the
event such system or property has been installed in any street or
public place without complying with the requirements of this
franchise or other city ordinances or this franchise has been
terminated,cancelled or has expired,the operator shall
promptly,upon being given ten (10)days'notice,remove from the
streets or pUblic places all such property and poles of such
system other than any which the City may permit to be abandoned
in place.In the event of such removal,the operator shall
promptly restore the street or other areas from which such
property has been removed to a condition similar to that
condition existing before such removal.
Pursuant to state and federal law,any property of the
operator remaining in place ninety (90)days after the
termination or expiration of the franchise shall be considered
permanently abandoned.The city in its discretion may extend
such time not to exceed an additional thirty (30)days.
Any property of the operator to be abandoned in place shall
be abandoned in such manner as the City shall prescribe.Upon
permanent abandonment of the property of the operator in place,
the property shall become that of the City,and the operator
shall submit to the City Clerk an instrument in writing,to be
approved by the City Attorney,transferring to the City the
ownership of such property.
Section 26.Building Moving.The operator shall,on the
request of any person holding a building moving permit issued by
the City,temporarily raise or lower its wires to permit the
moving of such buildings,provided:(a)the expense of such
temporary raising or lowering of wires is paid by said person,
including,if required by the operator,making such payment in
advance;and (b)the operator is given not less than ten (10)
business days'advance written notice to arrange for such
temporary wire changes.
section 27.Tree Trimming.with city approval,the
operator shall have the authority to trim trees upon and
overhanging streets and public ways of the franchise area so as
to prevent the branches of such trees from coming in contact with
ORDINANCE -11
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the wires and cables of the operator and shall be responsible for
debris removal from such activities,except that,at the option
of the City,such trimming may be done by it or under its
supervision and direction at the expense and liability of the
operator.The operator shall give due notice to the owner or
lessee of such property whose trees may thus be involved prior to
undertaking such effort.
The operator shall be permitted to charge persons who own,
or are responsible for,such trees or natural growth for the cost
of such trimming,provided that similar charges are assessed by
and paid to the utilities or the city for tree trimming.THe
operator shall reasonably compensate the city or property owner
for any damages caused by such trimming,or shall,at its own
cost and expense,reasonably replace all trees or shrubs damaged
as a result of any construction of the system undertaken by the
operator.
section 28.Indemnity and Hold Harmless -Waiver of
Damages.The operator shall be required to indemnify and hold
harmless the City from any and all liabilities,fees,costs and
damages,whether to person or property,or expense of any type or
nature which may occur to the City by reason of the construction,
operation,maintenance,repair and alterations of the operator's
facilities or any other actions of the operator in the city of
Marysville.In any case in which suit or action is instituted
against the City by reason of damages or injury caused by the
operator,the City shall cause written notice thereof to be given
to the operator,and the operator thereupon shall have the duty
to appear and defend in any such suit or action,without cost or
expense to the city.
No privilege or exemption shall be granted or conferred upon
the operator by any franchise except those specifically
prescribed therein,and any use of any street shall be
subordinate to any prior lawful occupancy of the street or any
subsequent improvement or installation therein.
Section 29.Insurance.The operator shall concurrently
with the filing of an acceptance of award of this franchise,
furnish to the city and file with the city Clerk or its designee
and at all times during the existence of this franchise,maintain
in full force and effect,at its own cost and expense,a general
comprehensive liability insurance pOlicy,in protection of the
City,its Officers,boards,commissions,agents and employees,in
a company approved by the city Clerk and a form satisfactory to
the city Attorney,protecting the City and all persons against
liability for loss or damage for personal injury,death and
property damage,and errors or omissions,occasioned by the
operations of the operator under this franchise,with minimum
limits of One Million Dollars ($1,000,000.00)for personal injury
ORDINANCE - 12
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and property damage,and One Million Dollars ($1,000,000.00)
combined.
The policies mentioned in the foregoing paragraph shall name
the City,its officers,boards,commissions,agents and employees
as additional insured and shall contain a provision that a
written notice of cancellation or reduction in coverage of said
pOlicy shall be delivered to the city thirty (30)days in advance
of the effective date thereof.If such insurance is provided by
a policy which also covers the operator or any other entity or
person other than those above named,then such policy shall
contain the standard cross-liability endorsement.Nothing in
said insurance policy shall hinder or impair the other legal
rights of the city in this regard.
section 30.Bonds and Other Security.Except as expressly
provided herein,operator shall not be required to obtain or
maintain bonds or other surety as a condition of being awarded
this franchise or continuing its existence.The City
acknowledges that the legal,financial and technical
qualifications of the operator are sufficient to afford
compliance with the terms of this franchise and the enforcement
thereof.The operator and city recognize that the costs
associated with bonds and other surety may ultimately be borne by
subscribers in the form of increased rates for cable services.
In order to minimize such costs,the City agrees to require bonds
and other surety only in such amounts and during such times as
there is a reasonably demonstrated need thereof.The City agrees
that in no event,however,shall it require a bond or other
related surety in an aggregate amount greater than $5,000.00,
conditioned upon the substantial performance of the material
terms,covenants and conditions of this franchise.Initially,no
bond or other surety shall be required.In the event that one is
required in the future,the city agrees to give the operator at
least sixty (60)days'prior notice thereof stating the exact
reason for the requirement.such reasons must demonstrate a
change in the operator's legal,financial or technical
qualifications which would materially prohibit or impair its
ability to comply with the terms of this franchise or afford
compliance therewith.
Section 31.Severability.If any section,sentence,
paragraph,term or provision hereof is determined to be illegal,
invalid or unconstitutional,by any court of common jurisdiction
or by any state or federal regulatory authority having
jurisdiction thereof,such determination shall have no effect on
the validity of any other section,sentence,paragraph,term or
provision hereof,all of which shall remain in full force and
effect for the term of this franchise or any renewal or renewals
thereof.
ORDINANCE - 13
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section 32.Entire Agreement.This agreement,including
the exhibits and addenda attached hereto and forming a part
hereof (if any),are all of the covenants,promises,agreements
and conditions,either oral or written,between the parties.
section 33.Contractual Relationship.This agreement does
not constitute the operator as the agent or legal representative
of the city for any purpose whatsoever.operator is not granted
any express or implied right or authority to assume or create any
obligation or responsibility on behalf of or in the name of the
City or to bind the city in any manner or thing whatsoever.
section 34.Applicable Law;Venue.This agreement shall be
construed and interpreted in accordance with federal laws and the
laws of the State of Washington.In the event a dispute is
litigated in Federal Court,such dispute shall be litigated in
the united states District Court for the Western District of
Washington at Seattle.In the event a dispute is litigated in
Superior Court,such dispute shall be litigated in the Superior
Court of the State of WAshington,in and for Snohomish County.
section 35.Acceptance.This grant of franchise and its
terms and provisions shall be accepted by the operator by the
submission of attached written instrument,executed and sworn to
by a corporate officer of the operator before a Notary Public and
filed with the city Clerk within thirty (30)days after the date
of the franchise award.Such instrument shall constitute the
unconditional acceptance of this franchise and the promise to
comply with and abide by all its provisions,terms and
conditions .
.ut PASSED bY=11i!ity
{(),n day of .'.~.
Council and APPROVED by the Mayor this
,'~993.
Mayor
AV%~~}1 ~BY~.,4£,Jh.o,g
.City Clerk
Approved as to form:
By~K,U~
Clty Attorney
Date of Publication::J/1a/q..,3
Effective Date (5 days after pUblication):
ORDINANCE -~4
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PREMIUM SERVICES
HIlO with Remote 5/1.95
Showtime with Remote ..••.•...........................................•....•...5I0.95
The Disney Channel with Remote __512.95
The Movie Channel with Remote 512.95
The Playboy Channel with Remote 512.95
TOP TICKET (HllOIShowlimeJRemole)518.95
VARIETY SHOWCASE (HBOIShowtimefTMC/Remote)$23.95
FAMILY SHOWCASE (HBO/ShowtimeIDisney/Reniote)523.95
Showcase Packages plus Playboy •.•...•.....................•....................531.95
Other 2·P,emium.with Remote ".......••..................." ..$21.95
Other 3·Premium.with Remote 527.95
Other 4·Ptemiums with Remote S33.95
All '·Premiums with Remote '537,95
OTHER SERVICES
DIGITIAL MUSIC EXPRESS .•..•........•..........................•..•.........59.95
Additional Ourlet..,__53.75
FM Outlel ..•............•..•.........•..••...••................•..•..........•.53.75
TV Guide ,S2.88
Additional Outlet Plus Duplicate Ptemium Channel(sl with Remote ...•......••.....•....58.95
Standard Only Addressable Converter with Remote .............................•.....S5.51)
Standalll Only Converter 51.00
Standard Only Converter wilh Remote ...••...•..............•......' ,S3.00
Castemee Service Phone Numbers
SUUle/Snohomish County
Billing 745-4555 Repair 742·7378
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Eastside,Bothell,Woodinvale,and Men:er Island
Sales 527·5300 Billing 5274555 Repair 51.6·7378
1~'l8quah,Snohomish,Monroe,Sullan,Startup,and Goldbar
Billing/Sales [-800·777·1559 Repair 1·800·777·155~.
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EXHIBIT A
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Channel Guide
E/l""""',\bl'('i,JI,19VJ Kli'iU 8:SNO!lOMISH COUNTY
21 AMC-Ameri"an Mavie Clessies H 0
2.,COUT -C.'",lIlian Broade ...ing Vallca"vcr D,C.(CDC)+
24 KTlIW ~Tacoma Indepcnderu (Most A..",,)+ /
REDMONI)Cl'f\'CHANNEL ..Redmond +I
UKR WASHINGTON SCHOOl.J>ISTRICT • Kirklund +
25 TH.:DISNEY CHANNEL..Disney Films&New Programming-0
16 THE MOVIE CHANNEL -All Movies 24 Hours•D'l'-0
11 CABLEARN -Ullive",ily Programming +
28 GOVERNMENT ACCESS..SeaulefSnohomish County +
BELLEVUECOMMUNITY COLLEGE·Eas"ide +I
MITV-Mercer Island +
19 COMMUNITY PROGRAMMING/rus WEATHER
CHANNEl.-Snohomish CoUIIl)'+I PUBLIC ACCF..8S -King
COUnl)'+I KIRKJ,ANDCITY HA1.1,·Kirtland +
30 C·SPAN - 24 Hour Public Affai",(M"",M,a.I')III
COMMUNITY BUI.LETIN BOARD-Kirkland +
31 QVC-Home Shapp;ngII
32 TNTThrner Network Television -Movies.Spons,Comedy H 0
33 A&E Arl.&Enlerlai.me.(-Drama,Comedy,Music &Dance If (I
;W THE DISCOVERYCHANNEL..Nalure.Science.&Documemaries H
35 COMEDY CENTRAl.-Originnl Comedy,Seri..s,nndSpecial.H/
VH·I -Contemporary Musle Video Ht)
36 HEADLINE NEWS-World News(Mo.<rAreas)H ,
C·SPAN·Kirtlalld H
VIACOit\CA8tE
MOtf efWhol You're lookiIJg For",
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o VIEWER'S CHOICE-Pay-Per-View Movie"Concerts,andSports"0
1 THE PLAYROY CHANNEL -Adll"Movles and Entertainment-
1 HBO -Blackbu,ter Mavies,Specials,Family Programming-0
3 SHOWTlME-E.e1u,ive Movies.OriginalSeries,Family Progmm,O()
4 KOMO -Se,"le (ABC)+0
5 KING -Sealde (NBC)+()
,PREVUE GUIDE·Upcoming Prog..mListing.+
7 KIRO -Seaule(CBS)+0
8 TBS SUPERSTATION - Specials,Mavie.,Sports +()
9 KCTS-Seattle(PBS)+O
10 KTZZ-Seaule Independent +0
II KSrW - Tacoma Independent +
11 KBTC -Tacoma (PBS)+'BET·BlackEnlell.inment Television +
13 KCPQ -Tacomalndependem +0
14 ESPN -24 Hour SPOilS II()
IS PRIME S?ORTS NORTHWEST -Local Sports III
CNBC•Financial News #
16 CNN- Cable News Network 14 Hours H
17 NICKELODRON -Children andFamily Programming H ()
18 MTV·24Hour Rock Music Video H()
19 TNNThe Nasltvllle Network -CountryW..stem Mu.ic &
Enlertainmcnt /#0 .
10 USA Network-Variety andFamily Programming H 0
21 LIFETIME -24 HourHe.llItand Madem Lifeslyles H 0
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