HomeMy WebLinkAbout112-89 - Res. Cable TV Franchise to Port Townsend Cable TV Ltd.544435
ELEL 521 FR 145
RESCLUTTod no. 112-89
A NEI:SOLUTION CUINTING A FllitilltOdiSil iEi Fins TV, Ste, , ITS
SUCCESS:0PS fag) tifiCSTCNil TO CONCINfiCi, UPERsla AND dAsliHisiN A StrilEl
tr COUNTY OF lIASON, CF iLidCHINCTOU, SETTING FORTH CONDITIONS
ANCMPEINYINS THE GRANT OF FRANCHISE PPUIDINS FOR COUNTY PEOULATION AND NSF SF TNEC
CADLE TEL:VISION SYSTEM:
Section 1, DEFINITIONS, For the purpose of this seri:lance the follanNiry
teriisti, phrases, words, abbreviatdens, atd their derivations shall have the meaniniyi
herein -ys'iveh, Nhen not inconsistent oith the context, Nerds used in the present.
tense. include the future tante, words id the plural nuober include, i
heitben, and bards in the iiiini,juar inmbsr include no iiural simber:
(a) "County" shall the County. of itasen.
(b) "Cominission" sharl, siaar the Board of ilnson County Coiamissioners:
Cc) "Company" shall mean the yrantee of ri'-yhts under this ordinance,
(s) 'Person" shale sican any person, tin partnership., associsijan,
corporation, company or iaranietistion of ahy iilau:
(a) "Frarcnise area" shaU mead shot area. shonn eu
attached as Exhibits A oud 3,
(f) "Street snisi'i Nean the surface. of and the apace above and below any
public street, yht Toy,. road, yninay, freeway, oridcy, lane, path,
falieli court, sidewalli,
reit or hereatter existiniy as such nithin the franchise araa,
(ii,J) "Property of amuveny" mane all property oiniaid, ininoseThd or used
by tne Cucipany in the coneuet of a laniV business in the Counnry,
(h) "CATV" shall titian a cable telsaisiso systat: as hereinafter eafinad„
(i) "Cab7ne Television Sysort" shell mean a system competed of, nithsot
limitation, antenna, cables, biros, lines, towers, uavo ar ana, ether
conductors, convertors, eciuipcnent or facilities, dasineC, constructed or
wired for the purpose of preducifti,i, ristibiviiny, amplifyini,j and eistrioutichy by
AFFEMNr coaxial cable audio. andior visual radio, television, electronic or electrical
Mai ____eiriunlials to anti: trom persons, suoscriners and locations in tne frahchise arasi„
EALEEsTwE 1).J) "Biasic fiddly Socitice" shall tiodu the distribution OT orstiebesst television
EXC1SETAX
=XFMPT n a 1 5 COr203:11-y ,
any
roceivino be.sic CATV
MAY I 8 „
iiross Annuai oasis stLbrdrisier hevenuas siho menus a p and eH
compeansation and otiner consideretion neccdved directly by tne Copany true:.
alobna basic suoscrlder rens-siva shall not incuide any maxat or services
Tre'RS IYMS°X1"7164 tit _ :SS: ,„. AdA . _ „ _
-furnished diy! carspiany hq),e(i.. thoseinicen by user by ,:n2j!
state or ether iyovernmental unit and collected by the Conipany for EUn
iyevermiental unit -
Section 2i GRANT OF ANTNORIFY, tlhereas the Caninission has apprevava the
eiyal, character, financial, technical aro other litications of the Comvany and
the and feasibility of tna Coispany'
adequacys canal uction annan-L„crients as part Gf
a full public procedini,,, affordiniy due process, and iu coesiderativin of the
faithful performance and observance of the conditions and reservations hereinafter
specified, the. riijht and privilaa. is hereby ijranten hyi the Commission Se tho
C(aispahy to enaiye in the business of operatinij due providin9 a CATV system id the
Franchise Area as listed in Exhibits A and and for that purpose to erect,
install, construct, repaint replace, reconstruct, maiatoin and retain in,. OP,
over, under, upon, across end aftni„, any puclio stree'i, public
HOW 1-dd out or dedicated. and all extensions tderacit and additions tharetn
in the franchise area such polas, .eires, cable, conductors, ducts, conduit vaults,
,dislpiHariers, appliances, Fettclaisents, and
and appurtenant te the CO,TV system; and in addition, so to use, operate, and
provioe similar facilAties 3r properties renten cr leaden other persons,
firms or corporations incineini,., but not lindted to public atiiity cc other
rantee franchised or pedivitted t de D',AS'fteSS the Conuty„
Section 3, NON-EXCLUSIVE GRANT, This Franchise i anted. spoh the further
eispress conditions that. it shall not be deemed or ' to be an exclusive
Franchise., and shall dot in any manner proniblt the County' frisch i,,rantIr2, other sod
further Franchises over, upon, and alony any ot said reads end public iii,,J.hisays of
any kiod or character that it csay deem neer, and this Franchise snali ih no 'Fay
prohibit or prevent the County snoii nsini2 the said roads- or affect their
BLEL 521 FR 04Fi
jurisdiction over them or any part of the s,:iassi, with the full power to hicke all
necessary repairs or changes in th.re se(som.
Section 4, TERM OF FRANCHISE. The franchise and right, herein granted shell
taka effect and be in force thirty. (35) days from and after fee final passaue
fo hereof and upob iling f acceptn
ace by- the Company and shall continua to force
and effect for a term of fifteen 5) years after teo effective date of this
franchise. The franchise may be renewed for an additional fifteen year period
following a full public proceeding 000 effsh dna process,
Section 5. CONDITaGNS OF STRE77.1) OCCUPPTICY.
(a) All transciissioo and distribution structures, lines, and aspi-pment
erected by the Coispauy within tne fraochise area. shall be so locates) as to cause
no illi,Trferencie with the proper use of streets, and other. public ways and places,
and to cause no interference with the rights and raisasonablo convenience of
property owners who join any of the said street end other public wagis 8.r.d places.
The CATV system shall be constructed and operated in compliance oith all Cotd0.y(„
State and Noticms(1 construction and el&retar.-00 ii. codes and shall be kspt current
with new codes. The Company' shall in,s1,ell and maintain its nieces-, cables,
fixtures and other equipment in such isenner that. they 'All ot. interfere nith any
installations of the, County or cf a public. utility serving thm, Ccantjw In all
areas of the County where any cables, wires, or other lihe facilities uf public
utilities are required to be or placed underagroond, the Company shall place its
cables, wires, or other like facies suderronne in conformance with permits
issued by the County' Enfgineer to -the mioximum extent existing. techuoloy reasonably
permits.
ft) cnimpar00
y •snail furnish ma add file uitt the Cp(h
,ilats, and permaced'i reco is of the 7-e-tb,a in:tooter _ Imai(fis'
constructed, incluCeinL, badargreud fisflLies, cacf baps, pl.ts, ,od per, dont
records furnished sne ?
Cotaber tns Company,
(c) Tn case of disturbance of .00 er street, public way, cr paved way, or pavet
re the Cmpany shall Lmediately at its awn cost and epense, and i
o
accordance' with County standards and speci ilcatisne replace and restore such
street, public way, or penhed area in as good a condition or better as before the
work involvinTj) such disturbance wes acne,
(d) If at any tirds; during the period of franchise the CommOnp shall lawluily
elect. to alter or chahe the grade of any street, sidewalk, alley„ cr ether public
way, the Company upon notice b00 y the County shall remove, rely, end itb
poles, wires, cables, undergrbfird cora.faits, 'in:strata:las, and other fixtures at. its
own expense and in cotiplience County standards and specifications,
(e) ihe Company shall, co the re00 quest of any person noldicg a bui00 lding.
movinhg parrlit issued hy the County, temporarily move, noise, o00 r lower its wires to
permit tine moving cf buildin00 s, The ex00 panse of such tainanTirarif rsmoval or raising
or lowerin of wires shall be paid by the parson res.,hesting the same, and th00 e
Co-mpany shall have the authority. to re;:i,nine such payment, in advance. Tne Company
shall be given not less than forty ssignt (42) hours advance notice to arrange for
such temporary wire changes ard should meat current height restriction
re(quiremerts,
(f) ilith County approval, the Cmpary shall hains the autnori'ty to trim tress
upon and ovang erhing streets one public ways and places of the franchise area so
as to prevent the branches of such trees from: anctbe ih contact with the wires and
cables of the Csaspany and seall he responsible fer ,Matirris rertriml Them such
activities, except that, at the option of the County, such tritiairg c,:z2 be daue by
It. or under its supervision and dire -action at the eapense and lisarrli.t.g.,- of
Com9any.
(g) The Company shall, at its expense, protect, support, te, ritrilj
disconnect, relocate ir the same street or Ether putlic place, or remove farm the
street or other public lce, any property' of the Cadva,.,'.ty when reouired by the
County' by reason of traffic C.c.)q-AltiCS, public safelv, street vacation, freeway -
and street construction, chab,ge or establishm,ent of street grad, ic,,,elialHbetion of
sewers, drains, water pipes, powier lines, signal ines, and trae)Ts or amy other
type o00 structures sr inAnovements by 00ublic agencies; ided, however, that. the,
PEL 521 IR 047
Coinpany shall in all such cases have the ts and oblietions of sbacilochrent of
property- of the Company, subject to County rdicance]
(h) The County shell have the riyh to. -hae. additional use, for ntcy pu, lid
er rhunicipa purpose, of any poles or conduits controlled or -'nsaintiiiine
exclusively' by or for tine Compony in any str&ext, provided such use by the County'
does not interfere with the use hy the Cetipar,,jii. County shall irdemrit'y and
hold fteribless the. Consvauy .j.ainst ',end fram ary add all cliailuffi, de,hishde, causes of
actions, actionssuits, procedinjs, nainsjos; coots or t[iniiyiiiriaties of , e every hind
and nature whatsoever erisinj out of sech use ef Coapenv's poles or ccitalitits.
(i) In the 'iiaintenance end speratibj of its traiiiiintaisibilen and dis-bmiisitbich
systarh in the. streets, alleys and other patflic places, and the course of any now
construction or addition to ite facil'as, the Ceivoast shall proceed so as to.
cause the least inconvenience to the jecoral public; auji oponinj or bios1ructlea in
the. streets or oth..er public places mode by the Cotnpaitly' in the course of its
operations shall be uuerdad and protected at al] ttmes by the ploceent of
adequate barTiers, fenes, or ..!hibandin,js, tile bounds of whicin, periods of
dush and ll
darkness, shaba claarly dest,,,,nated by warrih,,, in accordance
with the ilenual of UrnPforih Traffic COP:IT.,,:.1 Devices.
cm ,
cA7rTv Dr,m
A,L
RiclidENTS,
(a) The Ompany shall, at ell tieess, empro professional care and shall
install and (otiintain in uso coirkohly accepted isethods and devices for prevontiiry
failures and. accidents which ore iihely to cause abas, in.juries, or nuisances to
the publici
(h) struottres iod all lib ,,r,J
anis upon the sLceals, : 32 platia of the
franchise, area, vhorever ajtratint , or ,stadal
ad.intaieed in a safe, switeali iesdaitlai, au' (a ,joirt divide aNi
(s) The Scunty resectsi the tyamscal riyht Xn see last She ,jsaer a'
County is constructed end ibirtairce ir a ssfe coudiSian sad :f
Found ts :nisi; 10 on hir re Co paby Lo ants, iscostaaj renwire
alterations othjth and if the loi„isd, cis]] fail rata a
and alterations, the Sturdy say ve1s cho , co bate iber ,dr, sid calical Loci
add expeise ShousicF freb the Coupaiyi
Section -,. SYSTEM, CONSTRUCTTON.
(a) Initial construction commences within six 5) ati-J1rui. from date of this
ayreeie,eht, and be coaspleted wn 18 inonths of the date of this ehjrachricisatm
The distribution system of the Coespany to he. hereafter installed shall not be
abandoned either in whole or part nithout the consent of tine Connthssichi In tho
event of the failure of the Cousipany to coisb,.eince construction of the sy.i.rUsis within
sixty (60) days after the enactiseht of this resolution and the securirj of the
pole franchise with sinners, Dr in the event of the fashbure of the Company to
ender' C0f.ia1l',17,,y television service to the franchise area and the inhabitants
thereof, as contemplated add provided for by this resolution within a period of
one year from the effective date of this resolution, the ficromission snail have tbs.
rijht, on reasonable notice to the Cirir.iparry, to declare this resclution end the
riijhts and franchise. iyhanted, thereunder fistrifirted provided; however, failure to
ceiarply with these terhss by reaaon of direamstaince beyond thd rest:seeable controf
of the Coripaby ch could not be anticipated st the time of the acceptance of its
termic by the Co'intpteh„ shall het be sufficient iroun1s to declare a fistraftiturea
() Covsany, wheneveI r t shall receive a rail:utast for servi pce fribie at least
ten (10) subscribers within 32-0 cable feet of its trunh cable, shall extend its
systehis to such subscribers at no cost to the subscribers tor dye:team extension
other than the usual connection fes. for all suscribers, provided. that suob
extension is technically and pinyisineally feasible, The 1320 feet shall be measured
in extension lenjth of Onnspahy's cable reulred for s&rvica located within the
public way or caseement and shall not ire:buds lenjth of necessary service drop to
the subscriber's hobo or premisesi
?iEEL 521 ER 04S
(c) No parsoh, firsi, or corporatish in the Cihdpeny's service area shall be
arbitrarily' refused service, 'discover, in recognition of the oasts
Involved, for- unusual circuunstances, such as requirerient for underground cable, or
iisore than 150 feet, of distance fro's:. distributido cable to connection of sethAF,:ce to
subscribers, or a density of less than tou (le) subscribers psr 1732C feet of cable
systess, in order to prevent. ineiiitabla burdens. on pcitharitial cable subscribers in.
rsore densely populated areas, service mhy he ',nada available on tide basis of cost
3f siatesicials, labor, and ease,,nients.
Section S. ORERATIOH STANDARDS.
(a) The Cshall ope
ompanyrate and reintaiu its 'cable television systea Th
full 304-Hance with the standards set forth hy the Federal Cousisunitiations
Commission,
(t) Installations shall
reception already' in sir;iistahce.
inainteined so. as not to interfere, ndth
(s) Slx viewing onarbels shoH ns furnished as
channels are includac as part of the fiinimueu
(d) Installation and ciaintenance of equipsnert shall be soch that
color signals shall be trantanitted to any subscriber receiver.
Additional vieuidg services shall be ibirhed by the Casseission !sped
request by the Company and the Comissior shall have the righi upsh recess to
request and risitieire avintrital viewing service of tine Ceripany.
Section 9. LOCAL OFFICE: C011PLAINTC. The Cosvpany is net rafsulred to
aaintaih a local business office in resos acnus Newever, a toll -free nueter
shall be 'provided for subscribers to telephone i hours a day viltiain incurring
added iniessage or toll charges, se that complaints regardln Cable TY operations
soy be prou'Jptly reported. to the Cosipany. Should a subscriber have an unresolved
cooiplaint regarding cable television °peat:ions, the. subscriber shall be coutilfired
to file his coidiplaint isith the County Auditor and thereafter to fireed jelhtly nith
a representative of the Ca'n:;ssion and a represeiriative of the Company witlitu
thirty (30) days to fully discuss and resolve sun siatters. The Cuioiisany shell
notify each subscribers, at the firne of intiel subscription to the savoilcie of the
Company, of the procedures for reporting ead resolvincg such costplajitur„
Section lei The deterininetior of the Cue ad rates shall be subject to the
rules and regulations of any state or federal assitrili.heity having jurisdiction or
other autfiority which which subseva,nenllii, by due process of laaj acqu re
jurisdiction over this type of iudustry or chteespri,o,
Section 11. PREFEREIFFIAL OR DISCRIMINATORY PRACTICES PROHTBITED,
Coci9anyi shall not as to rotes, i, service faellitles, re!os, roenletdons flr
in any' other rcspect or- grant iehy preferences Dr advantage to isAy -person nor
subject any- person to any prejudice or disadvantage, provided that nothing in this
franchise shall ba Cessited to prohibit the establistsss-,ent of a graeftiatesil scale of
charges and clasfiisid, rate schedules. to ohich any enstoer canihn within such
classification hiould entitled, and provided further that semeiotics and service.
ch,ares be vialved er sicunified duriny prisrotdboal C5II"].,-,SjSIS,,j'r:3: of the CevTitio„
Inslallstidi and hadbadro,-, narlo r- -bell
thit too Cdo,c,j
DC' ,2('Isj'ss,
Installation
Sessirsjoil 12. FRANCNIFE PATIENTS,shal nyl pay to the County on or
before Ranch 31 of each year, a Di franchise fez, based , dress ciintM basic
subscriber revenues received for oasis television operations in the Franchise Arca
for the preceding calendar year,
Sales tax or other txas levied directly or a per subscerinaicen basis and
collected by the Cossipany shall be deducto6 froa,', the gross ennual basic subscriber
revenues before beitputatdon of surss due to the COUTSt.J, IS FIasCr The Oetipany shall
provide an annual suscnery report shocin gross annual, basic subscriber revenues
received durIn tae preced-ftfj a ara Py-se y:nil shall be siarie on or before:, the 1,Sth
day of January April, Ou7y and October of each year of the suL Oue tareahh,,dar for
...hrecedirq ,-.2,uarter,„ The above e,H,,tal dercellaoh ,:hay "ae th,aohay)taleatad b:2„, either
521 FR 049
the County or the iyrantec iyiviiity the ether party thirty (70)
requestinj meetiniyi for such roneyosiation,
Section 13, INDEMIFT
:CATION OF PONT'S.
writ:tem notice
(a) The Cuispany shall indemrif protect ern save, harmless the. County frith
and aiyainst losses and physical dainan so propsdity, and. bobihly injury ur death te
porsuds, Includinin ayments: mane U'iHt( ,a0y ecrainea's compensation low, which may
arise oat of or be soused ny the erection, maintenance, removai
of said. ettachisents or poles ulthin the Scanty, or by any act of the Company, its
uijisints or employees and nd11 defend the County eiyatiast aHj and ell actions nnich
may be broupht aoainst the Court] as a consequence thereo The Company shall
carry insurance to protect the County and tno Company from and ichujainst ail claims,
isei,uands, aotions, .jy, udiimentscosts, expenses, and liabilities whmay. arise or
result, directly or indirectly from cc by reason of such loss, inury or du:mayo.
Fhe amounts cf such insurance aiyaInst rinsiility due tit physical Cameiyie to property
shall not be less than One iiiillion bialars as 49 any one accident anis not
less than One (sillion Dollars l ayijroiyafe in any- diniye policy yeali, and
a9ainst liability' due to bodily injury or to death of persbris not less than
One Million Dollars as to any' one person ord not lees than One Million
Dollars as to any one accident. The. Company shall else carry such insurance as
71 deems necessary to protect it fr(2, CLF2..ja.S under any uorkinen's compensathon
laws in effect that inay be applicable to the Coi:opany, All insurance required by
this aereeant shall be and remain is full force and effect for the entice life of
this di.dreauent. Said poiicy o policies of insurance or a certified copy or
copies thereof shall be approved 1 the Mason County Prosecatloy Attorney and tdeo
deposited with and hept cin filo l the County Auditer.
(b) It is understood that lane CW2any is an thdepandent contractor and is
not an &ye:ant of the County, and all personnel used by the Compay in the
perforance of this franchise shall be employees of tre Company and het of tne
County, and shall have he claiiii acyaiinst the County for comipensafIen or otiher
benet is available to efflployees of the County.
(c) At the tiais this franchise beicoes. effectiv , the Company shall furnish --
a bond to the County in the. amount of len lhonsand 87 (510,000.00) Dollars id soon.
for% and with such sureties as shelC; be accept:able to the County, ,yinicautesiny tne
payment of all sums, :union may at any tinio become aide froir the Company to the
County under the terms of this franchise (except soon sus as are covered rDy tine
insurance provided in Section a), mrd furtnar jusrante44
cin the faithful
perforitance of all the abiliyaticies ' the Dompary unde- the torms of this
franchise.
Section 11. PROCEDURES.
(a) Any inquiry, proceadiniy, scion or other action to be toted or'
proposed to be tarked by the County in rejard to the operatders of Company's cable
television say:stein, includiiity dotden in roiyard to a chaniye is subscription rates,
shall be taken eniy after thirty (30) days public reties. of such action cr
proposed action is served directly on Catpsny;the Company has been iyilveh an
opportunity to respond or commeht in wriy an the action or proposed action.
(b) The public notice required by this section shall state clearly the
action or proposed action to oe tako, the -time provided for response ans. She.
person or persons ''Ln WhOM SUCh responses should be addrossen, and
such other prociedures as may be specified Dy the Commissisa. If a nourihy is to
be held, the public notice shell tyive the date and tisei of satin hearih.iy, whether
public. participation hill be allowed one the procedures by whirdi sash
participation isay de otained., Tne Compah shall be a necessary. party t.48
bearini,j conducted in resirili to Its operatnors.
Section 15. PROCEDURE UPON TESSIINATION, Upon expiration. of 'clic froth:I-vise,
if the Comany shali not: have acquired an extedsion hr. renewal thereof and
p
accepted the same, it may nave and it is hereby yranted, the riiyht to enter aped
the streets, and public ways of the Couriy„ for tte purposes of removiney, therefrom
any CT Eail Of itS proparty„ In so romevidny sale property idle Company shell
refillat. itS expense, any excavation that. snall he made i::,,y at its o
, wn
expense, any eineavution that shall be mace by' it, and shall ileavie sa streets and
tiays and places in as condition cr. better as that prevaiii prier the.
Covipany's removal of its property%
LL 5l. FR 050
Section 16. APPROVAL. SF TRANSFER, The Ca(apany chs17 net i1 cr. transfer
its plant or systeis. to anster, other then a parent soispaoy or a hinollyrilhenee
subsidiary of the Csispaoy, nor trahsfer any ri,,pjnts under fais franchise to anchtn,iir
without Catiaission approval, Provided, that no sale or traiirsfor shall he
effective until the vendee, assices or. lessee hes filod ia the office of the
County Auditor an instrurent duly executed rearlari,L3 tile fact of such sale,
assinment or lease acoeptin the ter.s„ of the Icifirshice and n(Jreeii to perfer
all the. conditions thersof„ Such Csaisissien approval will not he isffsiiiicitalaly
s,:iiiane]d and neither this Section nor other Sections of finis shall
preclude the isort.f,-.).aius, hypothesatinf2, or the assi9niaent of certain riijhts in tho
syste.,i„ or the plede of stock by' the. Ccsupauy for tts purpose of financln,
Section 17, MECO DEVELOPENTS. sha1l be the policy of the Cietnty
liberally to aio,end this franchise udoo app osatioe of the cavany, wnen necessary
tt, enable. the Company to take advactab,e of any develepinents in the field of
transoJission oF television and radio sioaiis which bill afforidopportuni.
store effectively, efficiaseitly or econondsolly te servs Its castopra.
Section 18, MISCELLANEOUS P2OVISINS,
(a) Uhen not elitherijse prescritasH herein, all atters herein rat:
filed Ath the County shall he filed with the County Autliter,
(h) The Ceinpany shall esaniee the cost of publication of this franchise as
such publication is required by lava A bill for publication ocsts shall he
presented t.c tine Coispany hy the County Auditor ispon the Convany's -fillitsj of
acceptance shall Os paid at that icae
(c) in consideration of the ..Jruntiwi.3 of this franchise to the ficrany, as
aforesaid, the facapany 'rill furnish without installation cnarje or (tenthly aorvice
fee, a sinle-butlet to any of the County deparlasehtal offices t!ithin the service
area sf the C,G. if and iThen requested to do so; hut such autleht shall not
eitcood on a:(,p,jreata total of tar.
consideration of the fzeintin Of the franchise to the Cosipany ao
aforesaid, the Coh,leany hill furnish whansoi hasesdlicr. charjo or ildnably service
fee a sinlehoutlet to any uL7ic SnUO''f, private sehoCk, puhlic '0JUS.;)it, and
Ccunnersponsered social service ie:yattodus dithin the conffices areo of tho Coary if
and Aon requesetheid te do so.
(e) In the case of cc enert y di=ater tine Caisposny shall upon ths
request of the &shanty, inaks availab its facilities ice ths °aunty fer snerency
use, darin the iinner9ehey or sisdster
(f) The County shall tate access at all reasonable. ftoors to oil of the
Copany's .,,-)ans, contracts and erinaerir, eaccuatin financial, stafisisinool,
sustainer and service recoids relatirdp: to the property and the operation of the
Co4an.y' and to all other records required to he kept. hereanders The folloolh
report shall be filisd with tho Cler'r, of the Connty Cnard end in tho 7cusai ffice,
of the Cooverre
Cross Revenue. Ar sannaf n'aert showina resiii)i. received
oy tne uctspany fro's, its openirftans within the County darin the
prececti year enC such other infuriiation as ths inbaill roc ist
Ath respect to properties and expenses related to the Chnopeny's obrvice
iiithin the County,
Section 1l,
OCHPLIANCE WITH APPL1CARLE PREN,I1SIONS, LANS AND OPSDIAANCES,
(-0 The C3ff.0 shall he
sabeet to all I exercise of the police poser v the. County, The Conrty
reserves tine -hi,- a to adodt fresh thee Cs fThe iach.Tib to tnie prOV.iHSiC:6S herein
contained such iainainces as r,a,y be desisco necessary to tne exercdso et police
duirer. Such resliatier shall, be reasonable dud not destructive to ins nints
hcrein ,rahted and net in conflict with the liens of the State,
REEL 521 FR 051
(b) Upon failure of the Company to comply with any of the provisions or
conditions hereof, within thirty (30) days after service of notice to comply with
any such provisions, conditions, restrictions or limitations, evade and served by
order of the Commission upon the Company, the Commission may declare by resolution
and enforce an immediate forfeiture of this franchise.
Section 20. FEDERAL REGULATION. Any modification resulting from amendment
of Section 76.31 ("Franchise Standards") of the Rules and Regulations of the
Federal Communications Commission shall be incorporated into this franchise as of
the date such modifications become obligatory under FCC regulations, or in the
event no obligatory date is established, within one year of adoption or at the
time of franchise renewal, whichever occurs first.
Section 22.. SEVERABILITY. Should any section, clause or provision of this
resolution be declared invalid by a court of record, the same shall not affectthe
validity of the resolution as a whole or any part thereof, other than the part so
declared invalid.
Section 22. EFFECTIVE DATE.
(a) This resolution shall take effect and be in force thirty (30) days from
and after its passage, subject to acceptance by the Company within said 30 day
period.
(b) This resolution shall be null and void unless the Company shall within
thirty (30) days after its passage, approval and publication, file with the County,
Auditor its written acceptance of all terms and conditions hereof.
PASSED, ADOPTED AND APPROVED this 5th day of December, 1989
ATTEST:
Clerk of the Board
APPROVED:
ACCEPTED BY:
P� I
itt To rase C1 Cab1Ltd.
Title
2 hQAa 9-.�C),11A
Date
c: File
Accounting Dept (2)
Treasurer
Port Townsend Cable TV, Ltd.
BOARD OF COUNTY COMMISSIO11ERS
1AS011 COUNTY, WASH I NGTON
Annette S. McGee
ChEirperson
CILA)o
Michael D. Gibso
Commissioner
Commissioner
APPRO iS TO FORM:
Dep
Prosecuto
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ATTACHMENT A
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