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HomeMy WebLinkAbout65-88 - Res. Granting Franchise to Olympia Cablevision L.P.4848E% 438 FP 334 RESOLUTION NO 65-88 RESOLUTION GRANTING, A FRANCHISE TO 010'ft: CabSevisfor,L.P. SUCCESSORS AND ASSIGES TO CONTRUCT, OPERATE AND MAINAIN A CAELfs iRsio7ISTOR SYSTEM IN THE COUNTY OF MASON STATE OF lilASHINGTON, SETTIEG FORTE CONDITIONS. ACCOMPANYING THE GRANT OF FRANCHISE PROVIDING 7OR COUNTY REGULATION AND USE OF THE GABLE TELEVISION SYSTM. Section 1. DEFINITIONS, For Ue purpose cf thfs andinonce the fc]lchihg terEs, phrases, ouos, aobraviations, and their derivatacns sNall have. the. .cosoning heren giveh. nen V'Ot ofth the contiaxt, Nerds used 'in the poiscant tense include the futon,e ess, obschs in tha p-Maral nuissber freIeda the singular nusibeh, anfO Nords the singular nasiber focluds the pluna nusbar. "Countig.; shal sizoh the County of Mason. (b) "Codusission" sosah tho Board of Mason County Csniasissionrs. (c) "CostpLny" sha71 the grohtee of rights undsr this ordinance. 'Persoii'' shall ',bean ony person, firaa, parthershid, association, conporotion, cocoany or organization of any kind. "Frondhfs.e arca" snal7 Aosa'n that area shown on n2. descriplcisn attach,'sd as Exhidsi.ts A. (f)•"Street' shoT, mPan the snrfacc of and the space focus and bei,chs any jsubSie stroet, right of bay, road, haghboy, friscooy„ bridges., Tans, path, oeurt„ sidcooiN„ porNsay, drfvo, cosatonfcations cr casesient, new or Nersoftior c:sristnaN as such ,Athin franch-:so aroo. nf• nr usci, by the Conalpany in tho ochduct of a CATV business in the Obuty. (h) "CATV" shail mean a. cable teNevision aystshs as neroinaftea defined. (An "Coble Tcdevisleh Systom" shaff s-ican a ayotom cosivessd at, citheot antenna cobiss, Nros, linses„ tontirs, Nave gd,das, or. any other conductors, converters, chixfp'Aiiiht Ao faraffities, aosigrad, constructed on oired for the punpose of producing, renoiving, apiffying ornd Oistrbuting by, coaRfai oudfo anicr visaai raddo, tefeafsion, ciestrenic on' alect,rfcal a' to and firch dercous, subscribers and locations in this franchise area. "Boc OATV Session" shaF,. rmean the cilstributfen of bnoadoost toTsvis,siol• siL.)nais By thc Co4ongt (k) Subscnibs,ru shall asenn borsch co entity raced Man hosio CATV sestifee, nOross Anhual Gasis Subscriber Reicanues" sha'M, ony and oil cossip,ensatneu ond other c' ensbitets raion nesive.d ,dirootAy hy the Cocopohy train subscAibs in act frouI4- anfunned CTV crvicrpyfshon iy ishAsco. Gross onnual basic subscriber revedue anal'', net. ihaiuda any toR'es se:vices funhished by the Cosispohy hcp.tsood diractfy on any eshscribeA sr user dy ahy city„ state or ethen govarhassintai onit colicatied by the Ocs,pany fcr such goverhimcntol unit. Soctfon 2. GRANT OF AUTHORITY. 'Oborcos tho Convinss;sh has a oval. the charscter, financi„ technisi.O and cthan quainifooticns of 'tn._ Compony anci this adequacy ahid feasibhity of the Cusciiany's construction arrangcu,ents as 2oht of a public 2C'3CeeeJj'-',,:2. affordind dus proaess, and is edhsidesso:SMan of the faithful perFor:mance and cbsorvonce of the schdithens aud nassarsotjac,s hoftsffet'o.rht and risile ihcregrntonNoMwepec. heigpegs byoea bythe Cos,,v.,ThErion to the oltang, to E10L,le t business edelratiEg and prdviedng a CATV sysclesso in ths Franchise. Ares. as ifstad -nn Exhihifts A and for that tposo to erect, insvUdr, construdt, repainA rep7oas„ reconst ast, ssaintnyn and retisin in, on, ovAt, nude, upen, across and aIoing any puNifc strdet, -,say and pubiis nou )aid cut or dedicated and pxtessions thaccof ansd aOditions thereto in ths franchise aroa btnda, poi,ca, afros, sabOca„ conductors, ducts, cooduit. vasi.ts, ,tonfad:cs, otif,fbehb, appiiancab, attachients, and otIter proprty as nay nceessary ond appuntanaat to tne CATV systsaiT, and in odditJor, so. to use, soporatts„ and proulde affaflar faciiiticis cr poopsctso r.s.hted, br teased friss-) ether poosons, fisnto on- enrporatnans insiuding hut ,R i.is,ited to any public utility or other -ohtse franchisied or perchtted. to do lousindss in the COhtl. Section 3. NON-EXCLUSIVE GIANT. This Franchise is antad tins furthtoitionthat indl Ud oarxpess cnds t sadot ssaer noild to Ca an exciusive Fronshiss, and sholi not ony pH:,,Y,t. the Ccanty from, g,nonting sthar and further Franchises over,. upon, and ofong aay f said :coils and. dursIc highoasys of ony. kind oh character that t.. po,ai dead, ths ranchise, sha"n in no day drchlbit preivest tine County from using the said REFS 408 FR 335 roads or affect their jurisdiction over them or any part oi the same, with the full power to msdos all necessary repairo or changes in the same. Section 4. ,FRM OF FRANCHISE. The franchise and rights herein granted shall take effect and Se in force thirty (30) days from ane after the final passage hereof and upon filing of acceptance by the, Company and shall continue in force and effect for a term of fifteen (15) years after the effective date of this franchise. The franchise may be renewed for an additional fifteen year period following a full public proceeding affording due process. Section 5. CONDITIONS OF STREET OCCUPANCY. (a) All transmission and distribution structures, lines, and equipment erected by the Company i.ithin the franchise area shall be so located as to cause no interference with the proper use of streets, and other public, ways and places, and to cause no interference with the rights and reasonable convehienoo of property owners who join any of the said street and other public ways and places. The CATV system shall be cchatedated and operated In compliance with 0 County, State and National construction and slectrica codes and shall be kept current with new codes. The Company shall install and maintaih its wires, cables, fixtures and other equipment in such manner that they will not interfere with any installations of the County or of a public utility serving the County. In all araas of the County where any cables, wires, or other like facilities of public utilities are required to be or placed underground, the Company shall place its cables, wires, or otiler like facilities underground in conformance with permits issued by the County Engineer to the maximum extent existing technology reasonably. penults. (e) The Company shall furnish to and file with the County Engineer maps, p ats, and permanent records of the location and character of all facilities constructed, including undeirground facilities. Such maps, plats, and permanent resords furnished and filed with 'she County shall be updated on April I and October 1 by the Company. (c) In case of disturbance of any street, public way, or paved way, or paved area, the Company shall immediately, atrits cwo cost and expense, and in accordance with COL oty standards and apecficetiens, replace and restore such street, public way, or paved area in as good a sohditico or better as before tine work involving such disturbance wds done. (d) if at any time during the period, of franchise the County shanl lawfully elect to alter or change, the ,,Juade of any street, sidobalk, alley, or other public way, t.he Coany upou notice by the County shall remove,. relay, and relocate its poles, ifhros, undonvoubd caanduith, imanholcs, and other fixtures at its OWN expense and ifi do4liance nth County standards and specificatons. (e) The Cmpoiny shall, on the. request of any person holdin a building. 1:sovinij port issued 3j the County, toworarily move, „-Flisz,, or lomiT its wires to perAt. the :,toving of buildings- Tha oxpcnse of such teivorary removal or raising or lowering of wlres shall be paid by the person requesting the same, and the Company shall have the authority to require such payent, in advance. The Company. shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire chan,gles cud shoulci meet currant height restriction requireents. (f) With County approval, tha Company shall have the authority to trim teees upon and overhanging streets and public ways and places of the franchise area so as to prevent the branches of such treas from corning in contact with the wires and cables of the Company and shall be responsible for debris removal from such actives, except that, at the, option of the County, such trimming may be one by it or under its supervision and direction at the expense and liability of the Company. (g) The Company' shall, at its expense, protect, support, temporarily disconnect, relocatein the same strdet or other public place, or remove from the street or other public place, any property of the Company whan rcr,'..-.iuired by the County' by reason of traffic conditions, public safety, street vacatdon, freeway and street construction, change or establishment of street geode, installation of sewers, drains, water pipes, power lines,u»lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the Company shall ih all such cases have the rights and obligations d. abandonment of property of the Company, subject to County ordinance. 2 REEL 408 FR 3313 (h) The County shall have the right to make additional use, for any )ublIc or municipal purpose, of any poles or conduits controlled or maintained exclusively by or for the Company in any street, provided such use by the County does not. interfere with the use by the Company. The County shall indemnify and hold harmless the CompaRy against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages, costs or liabilities of every kind and nature whatsoever arising out of such use of Company's poles or conduits. (I) In the maintenance and operating' of its transmission and. distribution system in the streets, alleys and other public places, and the course of any new construction or addition to its facilities, the Company shall proceed so as to cause the least inconvenience to the general public; any opening or obstruction in the streets or other public places made by Litin the course of its operations shall be guarded and protected at all times by the placement of adequate barriers, fences, or hoardings, the bounds of which, during.. periods of dusk and darkness, shall be clearly designated by warning lights, in accordance with the Manual of Uniform Traffic. Control Devices. Section 6. SAFETY RFWIREMENTS. (a) The Company sha-I, at. efli times, employ professional care and shall install and maintain in 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 connection in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the franchise area, 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 County reserves the r1 it to see that the system of the County is constructed and maintained in a safe condition and if an unsafe condition is found to exist, to order the Company to make necessary repairs and alterations forthwdth, and if the. Company' shall fail to make the necessary repairs and alterations, the County may make them or have them made, and collect al cost and expense thereof from the Company. Section 7. SYSTEM CONSTRUCTION. (a) The distribution system of the Company to be hereafter installed shall not be abandoned either in whole or part without the consent. of the Commission. In the event of the failure of the Company to commence construction of the system within sixty (60) days after the enactmdnt of this resolution and thesecuring of the pole franchise with owners, or in the event of the failure of the Company to render community television service to the franchise area and the inhabitants thereof, as contemplated and provided for by this resolution wdthin as period of one year from the effective date. of thIs resolution, the Commission shall have the right, on reasonable notice td the Company, to declare this resolution and the rights and franchise granted thereunder forfeited provided; however, failure to comply with these terms by reason of circumstances beyond Vie reasonable control of the Company which could net be anticipated at the time of the acceptance of its. terms by the Company, shall not be sufficient grounds to declare a forfeit3ure. (b) Company, whenever it shall receive a request for service from. at least ten (10) subscribers to 1320 cable feet of its trunk cable, shall extend its system to such subscrIbers at no cost to the subscribers for system extension other than the usual connection fees for all subscribers, provided that such extension is technically and physically feasible. The 1320 feet shall be measured in extension length of Company's ciabIe required for service located within the public way or easement and shall not include. length of necessary service drop to the subscribers ho4e. or premdses. (c) No person, firma or corporation in the Company's service area. shall be arbitrarily refused serviced However, in recognition of the capital costs involved, for unusual circumstances, such as requirement for underground cable, or mere than 150 feet of distance from distribution cable to connection of service to subscribers, or a density of less than ten (10) subscribers per 1320 feet of cable system, in order to prevent inequitable burdens on potential cable subscribers in more densely populated areas, service may be made available. 01 tile basis of cost of meterials, labor, and easements. Section B. OPER, DN STANDARDS. 4kiL 408 FR 337 (a) The Cowany shall operate and ohahtaih its cable television systo in full cb4Uahce with the standards set forth by the Federa Cc,,unincatichs canalssion. (b) lensiteiClations shall be unaahtaihed so as not to. interfere adit TV reception already in existence. (c) Six vicacUnj channeis sha-M be furnished as a 'rnidiata; educational; channels ara incihdded as part of the (d) Installation and maiiivtervance. of equipment shall, be such that. standard coor si,jna7s sha]l be transmitted to any subscriber receiver. (e) Purs»ant. to the Cable Coanuoiostichs Relcy Act of 1904, tho period:Roc:Hy revie the broad cotecries of servocs provided dy Codany„ and rhay prohibit_ Coltipany frors providinj services '1.,,fhich are obscene or otheri..dse uhprotacted by the Constitution. of the United States. Sectdon 9. LOCAL OFFICE: COMPLAINTS. The Compady shall inaintain a local business office or ajant t)hich subscribers slay ta7ephoda durinj rajular burseness hours wJthoat inourcioj added. inIessajo or tc11 charjes„ so that culplechats rejardinj cab]o ta7ovision operations siay be prorotl),y reported, to the ed4any. Should a subscribe( have ar unresolved contplaint rejardiuj cable television operations, the subscriber shal., be cntitded to cafhpant uith tha County Audtor, and thereafter to 'sieat v..1th a representatave af the CooJisslon abd a representative of the Cepahy rniithin thirty (30) days to fully discuss and rasovs such tteletiv as. The Co4any shall ',notify caoh subscriber, at the tidne of subsoriptiRen to the service of the Co),Ipdrj,„ of tioe procedures for reportiro and reso-Hiinno such ccetvlaihts. Section 10. RATES. Iv, accordance edth Sbeten of the Cable Conaunications Policy Act of 1984, The 'County has no authority' to set or rajulate rate's charjed by the Cera,par,y, The Ca;c1-pany shale', have the t to chahe and col,l,ect csispansatjon fnocs. all persons, fiirms and corporations to donaah it vsay furnish Cable Todavision Services. Tho subscriber rates shall cocfply with a.IH appcHasable laws. The Coicipany iv,dy pass alchf..2 to suesoribers adddticna-, fees as inay be „ -nosed or it, inoludiv but not limited to taxas, depyrieglht foes and pee.coht feas, Section 11. PREFERENTIAL OR DISCR:MINATORY PRACTICES PROHIBITED. The company sh,fali Eot as to rates, charjs, sonvloe rejulationd or in any other respect or jraut anty preferences or advautaje to person nor oub)jeat any pefoon to any prejndide or disodvantate, prvd), that dcthidj in this franchise shal be. deenhad to prohibit the establish..seht of a jraduated scale of charges and. classified rate schedules to which any onstecser ceminj witin such classif):,cation vabuld ba entitled, and provided furthor that connection and service charjes slay be \daived or pnedifed durinj pretathonal bc,:e..ipai.jus of the Coinparej.i. Inst,atica and bousedrop narduere sinalH he uniFDris thioujhout l,ho County, an',oept that the Cen,pany obeH bo 'CO OhEhh-j handoere and idstail, ion proseenre as the art 2rojresses. Section 12. FRANCHISE PAYMENTS. The Ce4any shall pay te tba Couoty Oh refVeoboreayaeased oe jrcss ahnua bacirho subscriber revenues recaived for caYe televs,en operations in the Franchise Area for tbe preaddire coalenda year. Sales tax or oVo,er taxes levied directly on a p. subscription basis and ec,leeted by the Counpahy shaT.', be deducted frodi the jross anneu basic subscriber Aavenues before. coffip,t.ation of sun,‘s due to. the. County, is Hada. The Catpahy covilde an annual sftheniary Report shucnnj jross annual, basic subscriber ricvnues raceited durioj the dreceding year. Paysve,t shall 'D2 F,nade Oh 0.h' before the iStin day of January, April, July dee Catcher- of each year of the sudA due heirsunden fer the precadin quarter. TLe, above roetal paroehtus; icay ba reneotiatbd 'by either the County or the ,jrantoo givincj, the other party thirty (30) days v)ritten notice ressinostenj a nace,Y.Lhwj, fch such renejotdatiod, Seoth 12. INDEMNIFIRATION OF COUNTY. (a) Tha Ca4hany irnee,triity, protect and save ha.ditiess the County frddi and ajtairst 'Josses and physical dakhayos to property, -- bediy injury or kF.L 4 1 8 FR 338 death to persons, including payments made under any workmen's compensation law, which may arise out of or be cause3. by the erection, maintenance, presence, use or removal of said attachments or poles within the County, or by any act of the Company, its agents or employees and will defend the County agains1. any and ail actions which may 7 brought against the County as a consequence thereof. The Company shall carry insurance to protect the County and the Company from and against 7 claims, demands, actions, judgments, costs, expenses, and liabilities which may arise. or result, directly or indirectly from or by reason of such loss, injury or damage. The amounts of such insurance against liability due to physical damage to property shall not be less than One Million Dollars as to any one accident and not less than One MPilion Dollars aggregate in any' single policy year; and against. lability due to bodily injury or to dean of persons not less than One Million Dollars as to any one person and not less than One Million Dollars as to any one accident. The Company sha]] also carry such insurance as it deems necessary to prote7. it from all claim under any workmen's compensation laws in effect that may be applicable to the Company. All insurance required by this agreement shall be and remain in full force and. effect for the entire life of this agreement. Said policy or policies of insurance or a certified copy or copies thereof shal] be approNed by the Mason County Prosecuting Attorney anti then deposited with and kepton file by the County Auditor. (b) It is understood that the. Company is an independent contractor and is not an agent of the County, and all personnel used by the Company in the performance of this franchise shall be employees of the Company and not. of the County, and shall have no claim against the County for compensatdon or other benefits available to employees of the. County. (c) At thetime this franchise becomes effective, the Company shall furnish a bond to. the County in the amount of Tan Thousand ($10,000.00) Dollars in. such form and with such sureties as shall be acceptable to the County, guaranteeing the payment of all sums, which may at any time become due from the Company to the County under the torms of this franchise (except such. sums as are covered by the insurance provided in Section a), and further guaranteeing the faithful performance of all the. obligatdons of the Company Dnder the terms of this fanchise. Section 14. PROCEDDRES. (a) Any inquiry, proceeding, investigatnion or other action to be taken or proposed to be taken by the County in regard 3 the operations of Company's cabie television' system, including action in regard to a change in subscription rates, shall be taken only after thirty (30) days public notice of such action or proposed actdon is served directly on Company; and, the Company has been given an opportunity to respond or commont in writing on the action or proposed action. (b) The public notice required by this section shall state clearly the. action or proposed action to be taken, the time provided for response and the person or persons in authority to whom such responses should be addressed, and such other procedures as may be specified by the Commission. If a hearing is to be held, the public notice shall give the date. and time of such hearing, whether public participation will be allowed and the procedures by which such participation may be obtained. The Company shall be a necessary party to any hearing conducted in regard to its operations. Section 15, PROCEDURE UPON TERM:NATION. Upon expiration of the franchise, if the Company. shall not have acquired. an extension or renewal thereof and accepted the same, it may have and it is hereby granted, the right.. to enter upon the streets, and public ways of the County, for the purposes of removing therefrom any or all of its property. In so removing said property the Company shall refill, at: its own expense, any excavation that shan be made by it, at. its own expense, any excavation that shall be made by it„ and shall leave said streets and public ways and places in as good condition or better as that prevailing prior the Company's removal of Its pn:YiNlriV. 5 Lvi_ 408 FE, 339 Section 16, APPROVAL OF TRANSFE',,1, The Co4aay shall not sell or trausfeh its plant oh syste to another, other thah a pareat soKpany ote a wholly coutred subskliacy bf -the CoPopany, nor transfeh ahy rb...)hts c,c;haer this franchise to another udthout Coayissien approval, Prov]ded„ that no san)e cc trehefer shall be effective until the vendce, assbjhee or lessee has filed ih the. office of the County Aussitor au itistr.utsbi. ri,uly executed reciti,nij the fact of ouch sale, assi(jh)sent cc lease aecaptin the forbie; of the fcauchise and. acjrcein,,-.J; ta perfor the corditiobs thereof. Such Cauu''[hLssiicen appseval hst be uhreasunany ,ilithhelf.) and heither tliis Sactioh nor L.thar Sectiohs of this franchise shall preclude the hypotheoatb, er the sasi,JumeLt of cartan lbh the syste, or the p be of stook by the Co4aty for the purpose, of fina'heiintJ. Sethon 17. AEW Dar-rjEtOP=TS. 1). sho,, se Lno ps, of c2 CnaJty liberally to aaand th;s ittahohiss ef the 8o,upouL), iden L-ELE':Sa2Li ehab!c the Co,,,peny toka aeauuje cr LEY.E;OdE -nc? risid of Lk':;!Si,'SE:CA, ef our: -odic s%uels shi-h of-losa ;t, ah cddortahitnj tot,z's cfLaseta:y, L.J' La oes‘a osstohare. Section 18. MISCEttAN:OUS P8OVISIMSt (a) When not otherbisa preactoW.)ed heren, all ciztters hercih ioyeioad to be ftb;ed usith the Countif shall be flied. uith the County Auditor. (b) The Ooriapany shall assue the cost of pubTheatioh of thSa franchise as such publi,cathcn is required by la. A hill for -pubhcatioch costs shell be wesented to the Carapahy by the County Auditor upou tho Co4auy's of acceptauce and shall be .a.id at that tiNe. () sonsideratich cf the ,yantirii of this franchise to the Co4chy, as aforesaid, the Culpany uill furnish uitheut lihstallatLai chare en F,chthly service fee, a alnie-outlat to any of the County departntsl offices laith-ft the service, area of the Cosipany, if and, 'dhich requested to do so; but such outlets shall not exceed an a(Lczcsa,te total of teh. (d) Ih consideration of the fLa'aktdn, of the franchise, to the Co4any as afocesaid, the Oc4any furhisn )eilihout installatlon chare or conthly sehvics fee a sinnleacetilet to auy pubic, schools, public schools, public hosioitals, and Couhtyaspohaosed sevice an.„ensiss asithih the ser,ias area of the Co4any If and, uhen requesteci. to do so. (e) In the case of any oaciartgehey or di:Easter, the Coripany shall upon the request of the Couhty, 'itzka available its facilities to. the Couty for aLilerency use du,rin the cAseciiaancy or disaster period. (f) The County shall have assess at, all reasonable hours to ,),S1 of tha Co4any's pLF,Ins, cohtracts and encjineerivrj, accouhtiu„ fihahcial, statistical, custtaner and service records rela.,; tu the piroperty and the eperatioh of the Compahy ard to all other s'acords required. to be kept hereunder. The follobin report shall bc filed with the Clerk of the Coasaty 8card and In the local office of - the Co-i-pa'hy: Cross Rsvehue. annual sualasory report shoudurf•.. uross nevert, received by the Coliipay fra,,), its operations wdthin the County durd-c ths pracedih yean '''',AACh other ihforaEtion LE CouFty shall receost nalth respect to proantaes aud o'h:,perses related to the Oorcoahy's service yithirh the Couhty. Seat -ion 19. COITULAHGE WITH APPLICADLE PROVISIONS, LAWS AND MINANCES. LA) The Ceapany shall at all ties dhrih the of this franchise be cu%oro to all LabeFul ca:areise of the police power by the Ccuuty, The Ocuhty reserves the riL)ht to adopt frah tines tb tThe ih addition to the previsions hereih cohtairied such ordinances as rsay be desised sesessary to the euiercise of police power. Such rieudatiou shall ha reasohnle and hot destructive to the rahUhts huelh ..rantec1 and hot ie conflict untlh the lauts of the Stated (b) Udoh fellure of the 8o4a)ny to coMy edth ahy of the provisars or cohCitiohs hcreof, vrithih thirty (SG) days after service of notioo to abfhpiy laith Easy such provisions, conditions restriatichs an iianntatioas) n,ad,e and sarved by order of the Oce!aiissich upou the Coaa;.v, ths Ocusinassiou a -,,ay declare by resclutioh and enforce ab inedisete fisrfoiture this franchise, REEL 408 FR 340 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 21. SEVERABILITY. Should any section, clause or provision of this resolution be declared invalid by a court of record, the same shall not affect the 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 ATTEST: i`-eeZ4 0: "eef( Clerk of the oB-a APPROVED: 9th day of August, 1988 • BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASkIINGTON 1 hairperson Gibson Absent 8/9/88 Commissioner Eager Commissioner McGee APPROVED AS TO FORM: ,?4,/yr i i t e L Cy n"V� T`w Deputy Preseci_atcr Date Gu.. /a)i9P" V xc: Cmmrs Accounting Dept (2) Treasurer wp_resolute_olyty (l 3 n OULES I OE ,tr`IYC,P.M-f. DAL th-a BEL408 FR 341 EXHIBIT A FRANCHISE AREA Township 22 North, Range 1 West Sections 22 Township 21 North, Range 1 'West Sections 5 Township 21 North, Range 1 West Sections 4 420 O 1 CERTIFICA 1 1 OF INSURANCE 1 1 SET TAB STOPS AT ARROWS ISSUE. DATE (MM/DD/YY) PRODUCER RAY E. HAWKINS C.P.C.U. national Farnrrs E;n=on incura ice 7636 Haul D 'I Ave. Vancouver, 4�','a 93665 1 (266) 693-16 47 INSURED Olympic Cablevision Limited Partnership, PO Box 88 Port Orchard, Wa 98366 COVERA ES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER A NATIONAL FARMERS UNION --ST-A-ZIR1) INSURANCE COMPANY B Dnever Co1. 80251 D E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER GE X X X X X X X NERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY 45-81437-64-01 POLICY EFFECTIVE DATE (MM/DO/YY) POLICY EXPIRATION DATE (MM/OD/YY) LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE 4-28-88 A X UTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS /OTHER THAN `PRIV. PASS. HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM X WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 45-81437-64-01 45-81437-24-01 OTHER 4-28-88 4-28-88 4-28-89 4-28-89 BODILY INJURY $ PROPERTY DAMAGE $ BI & PD COMBINED $ 1 , 000 $ T ,000 PERSONAL INJURY $ BODILY INJURY (PER PERSON) BODILY INJURY (PER ACCIDENT) PROPERTY DAMAGE $ BI & PD COMBINED $1 ,000 4-28-89 BI & PD COMBINED $1,000 $11,000 STATUTORY $ $ $ (EACH ACCIDENT) (DISEASE -POLICY LIMIT) (DISEASE -EACH EMPLOYEE) DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Attention Mrs. Chris Freed CERTIFICATE HOLDER Mason County Mason County Courthouse PO 400 Shelton, WA 98584 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH• , PANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRE . TfrTI ACORD 25 (8184) © IIR/ACORD CORPORATION 1984