HomeMy WebLinkAbout07/16/97 AGENDABREMERTON CITY COD--,~IL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
JULY 16, 1997
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in
advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at the
request of a Council member.
A. Minutes - July 2, 1997
B. Bid Award Recommendation - Purchase Of Ductile
Iron Pipe For 1997 - United States Pipe
C. Resolution #2617, Setting Hearing Date of
August 6, 1997, For Vacation Of 20 Foot
Portion Of Right-Of-Way On Marine Drive
#AB97-157
#AB97-158
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Budget Adjustment #97-19 - real Estate Excise
Tax Fund 109 - Remediation Work/Evergreen Park
Be
Sylvan Way Street Improvements Interlocal
Agreement With Kitsap County and Budget
Adjustment #97-23
em
Bid Award Recommendation For Asbestos Removal
Phase 1, Oyster Bay Acquisition Property
Structures (19 Buildings)
#AB97-160 ~7
#AB97-162 3~
RESOLUTIONS
A. Resolution #2614, Authorizing Master Urban Tree #AB97-163 ~l
Plan As Required By The Municipal Tree Ordinance
#4553 of the B.M.C. 13.10.070
(CONTINUED NEXT PAGE
9 . PUBLIC HEARING - 6:00 P.M. OR LATER
A. Resolution #2615, Regarding Recovery Of Fees
For Removal Of Garbage And Debris From The
Property Located At 1333 Cart Boulevard
Be
Resolution #2616, Regarding Recovery Of Fees
For Removal Of Garbage And Debris From Property
Located At 3811 9th Street
#AB97-165 5~
Ce
Ordinance (First Reading), regarding The Grant #AB97-166 ~
Of A Non-Exclusive Franchise To TCI Cablevision Of
Washington
1. SUBJECT':~
AGENDA BILL
~BREMERTON CITY COUNCIL
MINUTES - JULY 2, 1997
FOR AGENDA OF: 7-16-97
ORIGINATING DEPT: City Council
ORIGINATOR: David Farr, President
DATE SUBMITTED: 7-9-97
2. ~L~~: (comment on back
if necessary)
ENDORSEMENT__ INFORMATION
MAYOR
__ APPROVED BY COUNCIL P~SID~N~ ~ .~o~MITTAL:~'-- ~~
COUNCIL PRESIDENT
· x., x, r
4. $I/MMARY STATEMENT AND REOUIREMENT FOR COtINCIL ACTION:
8. RECOM]4ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
.EXPIRATION DATE:
REVYEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTIC$ OF ACTION
APPROVED .. DISAPPROVED
AMENDED
CLEARANCE COM~ENTS:~
~...'~Lm~OA~ ON NON-PASSAGE:
BUDGETS. FACILITIES, EOUIPMENT OR OTHER RESOURCES:
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UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JULY 2, 1997
#0057
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, July 2, 1997, at 5:30 P.M., with
Council President David Farr presiding. Council members present
were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, Richard
Neville, Lon 0verson, John Law, Cecil McConnell, and A1 Colvin.
Also present were City Attorney Ian Sievers and Deputy City Clerk
Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend Cleveland Williams
of Ebenezer A.M.E. Church.
President Fart made the following announcements:
1. Council held a Study Session prior to the Council meeting to
discuss the Sinclair Landing Association Update.
2. Council will hold a Study Session immediately following the
Council meeting to discuss: (1) Washington Survey & Rating Bureau
Report, (2) Fire Levy, and (3) Inspection Fees.
3. Council will hold an Executive Session immediately following
the above noted Study Session to discuss "Real Estate", and "Review
of Personnel Performance".
4. Council Study Session - July 7, 1997, 5:30 - 7:00 P.M., in the
Council Conference Room to discuss: "TCI Cable Franchise Agreement
and Master Tree Plan".
5. Council Study Session - July 9, 1997, immediately following
the City Council meeting, in the Council Conference Room to
discuss: "1997 - 2002 Capital Improvement Program".
6. Council Study Session - July 16, 1997, 4:45 - 5:15 P.M. in the
Council Conference Room to discuss: "Sinclair Landing Update".
7. Council.Study Session - July 21, 1997, starting at 5:30 P.M.,
in the Council Conference Room to discuss: "Telecommunication
Ordinances
CONSENT AGENDA
A. Minutes of Meeting -- June 18, 1997
#AB97-148
M/S/C/U(Nevile/Huff-Menees) to approve the Consent Agenda as
presented.
$0076
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Vote on motion:
Motion carried.
In Favor: Winters, Montgomery, Huff-Menees,
Neville, Farr, Overson, McConnell,
Colvin
Abstain: Law
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Montgomery) on July 2, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 210320 through 210494 in the amount of $512,488.26;
and Regular Payroll for the period ending June 30, 1997 in the
amount of $877,132.33.
COUNCIL MEMBER REPORTS
Mr. Winters reported today he attended a Telecommunications Seminar
and believes the future of telecommunications in Kitsap County
looks very bright and supported throughout the County and western
Washington. He thanked the sponsoring agencies The Sun, Economic
Development Council and Bremerton Electronic Resource Center. As
announced by President Farr, a Study Session will be held on July
21, 5:30 P.M., to review the Telecommunication Ordinance, which was
developed by the Ad Hoc Telecommunications Committee. Again, Mr.
Winters thanked the members of the ad hoc committee for their
volunteering to develop the above the draft ordinance. Lastly, he
held a brief meeting with Pastor Larry Robertson during the
Telecommunications Seminar.
Mr. Neville reminded everyone of the Concerts in Evergreen Park and
the next performance will be held July 8, 7:00 P.M., featuring the
Old Time Fiddlers. He thanked the Fire Department for easing up on
the rain for a rain-free 4th of July.
Mr. Law reported he also attended the Telecommunications Seminar
and was very impressed with the information provided. He announced
the District #3 Annual Fire Department On Parade will be held on
July 15, 1997, at the Perry Avenue Mall/Red Apple parking lot, 6:00
- 8:00 P.M., which will also be the joint meeting of Council
Districts 1, 2 and 3.
Mr. McConne11 reported a few days ago a yellow slip of paper was
left on his door inviting him to have his address painted on the
curb in front of his house for a fee of $10.00; however, the flyer
neglected to include a telephone number. When he contacted the
City's Licensing Department, he learned this company was not
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registered with the City nor did they have a City Business License.
If anyone could provide information on the person responsible for
the flyers, please contact Mr. McConnell at 377-5729.
Mr. Colvln thanked Councilman Law for including District #1
residents in the Fire Department On Parade event. He informed
Reverend Cleveland Williams that he would be meeting with him in
the near future. He pointed out Council received a notice from the
Bremerton Police Department/Lt. Terry Welling about the
availability of Mariner Tickets at a reduced cost of $9.00 for a
Mariner's game on August 9, 1 - 5:00 P.M.. The deadline to turn in
ticket order forms will be July 24 - 5:00 P.M.. He referenced a
newspaper article in The Sun, which originated from the Associated
Press, that companies are putting out faster and better computers
for use in schools in order for students to keep up with
technology. He is concerned about the lack of computers for
children whose parents cannot afford them. He would like to see
something done locally whereby those families that cannot afford to
purchase computers could have access to computer equipment.
MAYORWB REPORT
Mayor Lynn Horton reported the City is undertaking an evaluation of
the traffic signal system in the downtown area to determine the
need for existing traffic signals at certain locations. To
facilitate the evaluation of the signals, the following
intersections will be turned on to a four-way flash for 24 hours a
day: Pacific Avenue and Fourth Street; Pacific Avenue and Fifth
Street; Park Avenue and Fourth Street; Park Avenue and Fifth
Street. The following traffic signals will be put on four-way
flashing (red) at night, starting about 7:30 P.M., and returning to
normal traffic signal operations at approximately 5:30 A.M.:
Pacific Avenue and Sixth Street; Park Avenue and Sixth Street,
Warren Avenue and Fourth Street; Warren Avenue and Fifth Street.
The evaluation process will include the removal of the protected
left turn on northbound Pacific Avenue at 6th Street; and a
temporary closure of 11th Street on the westside of Kitsap Way to
evaluate the location for a permanent closure. The closure is to
address vehicles turning left from eastbound llth Street to Kitsap
Way and vehicles turning left from Kitsap Way to Westbound llth
Street. The evaluation period is expected to be three to four
months. She emphasized comments from the public should be
addressed to the Engineering Department 478-5270.
Mayor Horton noted the City's Parks and Recreation summer programs
are underway and was pleased to report the rousing success of the
Playground Express. Four sites are visited daily by the Playground
Express (former Haddon School site, Armin Jahr School, Manette and
Warren Avenue Playfields), and so far they have served in excess of
200 childlren per site per day since the program began. During the
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first week of the program, over 1,000 children participated in
activities provided by the Parks staff. This activity is funded
through the City's Block Grant Program.
The city is seeking host families for Japanese students as part of
the Bremerton/Kure sister City Program. The students will arrive
on July 22 for a four week stay. Information on the students can
be obtained from the Mayor's Office.
Mayor Horton displayed an award the City received from the
Family/Friendly and Drug Free Workshop for Better Business Through
Better Environment. The award is co-sponsored by Pacific Western
Services and Kitsap Business Journal. The City's award was for its
drug free policies for City employees. She complimented the Human
Resources Department staff for their involvement in helping the
city achieve this award.
On a sadder note, she received information that Richard
Chrisinger's wife passed away. On behalf of the City, she extended
condolences to Richard and his family.
PUBLIC RECOGNITION
President Fart reviewed several rules from the Council's Policies
and Procedures involving the use of Public Recognition time.
Bob Sauter, former Commander of VFW Post 9634, made a special
presentation to the Puget Sound Naval Shipyard Shore Patrol Color
Guard for outstanding and invaluable service to the community over
an extended period of time. The award was accepted by Petty
Officer Stevenson and his Color guard Unit.
Carol Atkinson, Bremerton Main Street Association, invited everyone
to attend the first Concert On The Boardwalk scheduled for July 11
and each subsequent Friday for six weeks. She acknowledged the
Concert sponsors: Westhills Honda, Heartland Toyota, Haselwood
Expo, grant from Kitsap Community Network, Bremerton Eagles,
Commercial Group, Port of Bremerton, city of Bremerton, KPS Health
Plans, Wheelhouse/Topside Restaurant, The Sun, United Airlines,
Bremerton School District and Bremer's Inc. Cap DeMiero, The Cap
DeMiero Trio, invited everyone to attend the July 11 concert,
starting at 6:00 P.M., which will include a 3-hour Jazz show.
Shannon Bell announced 50 donors participated in the Blood Drawing
held on June 30.
Clinton Bush, Clinton Bush Entertainment, announced on August 8 and
9 an event titled" First Annual Pacific Northwest Millennium Jazz
And Blues Celebration" will be held at the Kitsap Pavilion and
Admiral Theatre.
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Roy Mctnni~ announced the Sinclair Missionary Baptist Church will
honor their Pastor's first Anniversary with a special service on
the evening of July 4, and on July 5 the Pastor will be honored
with a luncheon at the Panda Inn with a concluding program on July
6, at 3:30 P.M. at the church, which will also include a dinner at
1:30 P.M.
Del Knauss, Bremerton resident, stated four weeks ago he raised a
number of questions relating to the Brem-Air contract and the
recycling program, the City's Gateway project, cost of litigation
involving the city's sewer treatment plant and land acquisition,
and Bremerton's fluoridation, but had not received a response. He
again asked that those questions be answered. He asked that before
Council signed anything relating to the Sinclair landing project
that a group of planners look at what is happening at Poulsbo Place
and the possible redevelopment of downtown Port Orchard because
each one of those could draw from the city's redevelopment plans.
President Fart extended his apology to Mr. Knauss for his not
receiving a response in a timely manner.
Kathe Romnes, Bremerton residents, expressed concern that people
are setting off fireworks during the day and late into the evening,
which frightens dogs and cats in her neighborhood. She did not
like having to call the Police, but asked that something be done.
President Fart assured Ms. Romnes that this issue would be brought
to the attention of the Police Department. Mrs. Romnes stated she
talked with the people setting off the fireworks, but their
response to her was very nasty. Today, she called the Police to
report someone on Rainier Avenue was setting of fireworks, but did
not know if they actually responded.
7A - APPOINTMENT OF TERRY A. DODGE TO THE PARKS & RECREATION
COMMISSION, #AB97-149
There is a vacancy on the Parks & Recreation Commission.
recommended the vacancy be filled by Terry A. Dodge.
It is
Mayor Horton stated her initial contact with Terry Dodge was
through thee Children's Art Festival. Ms. Dodge has a strong
background with Kitsap Visual And Performing Arts Association, is
involved with the Kitsap Master Gardner Program and is the parent
of small children. A survey of school children revealed they were
most interested in programs that involved art projects. Based on
Ms. Dodge's background, Mayor Horton urged Council to confirm her
appointment as presented. (Note: Ms. Dodge was unable to attend
the Council meeting due to a previous commitment.)
Public comment - none.
President Fart noted Mrs. Dodge resides in his District and he had
7
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an opportunity to talk with her about her offer to serve the City
in the capacity of a Parks Commissioner. He also urged Council to
confirm the appointment as presented.
M/S/C/U(Colvin/Montgomery) to confirm the appointment of Terry A.
Dodge to the Parks & Recreation Commission.
8A - ORDINkNCE NO. 4597 (SECOND READING) TO ADOPT TW~ CHARn~STOW
COMMUNITY PLAN ANDRELATEDAMENDMENTS TO THE ZONING CODE ANDZONIN~
#1399
MAPt #AB97-127
Ian Sievers, City Attorney, pointed out a format change in the
Ordinance (Page 2 of the ordinance), that removed' item (g) from
Section 2 and made it into a new section identified as "Section 3".
The reason for that change was the amendment to the Zoning Map is
not actually an amendment to the Bremerton Municipal Code (B.M.C.),
since the Map is always adopted by separate ordinance. Also, at
the time of first reading of the ordinance, Ron Hough handed out
two maps that included some land use designations in the Charleston
Community Plan and some zoning designations in the Zoning Map for
those areas that would be acquired as part of the Gateway project
along Callow Avenue. Those maps have now been included in the
Charleston community Plan and Zoning Map.
Ron Hough, Planning Manager, stated all changes approved during
first reading of the ordinance have been incorporated into the
document.
Public comment - none.
Mr. M¢Conne11 referenced the change identified by Mr. Sievers and
questioned if it qualifies to be included in the same ordinance.
Mr. Sievers explained it was introduced as part of the same
ordinance, but it was called out as an amendment to the B.M.C.
Chapter 21.02, and the Official Zoning Map is not actually
incorporated by reference or made part of the B.M.C. It is
appropriate to include it in the same ordinance in that text
changes are being adopted that are contained in the B.M.C. as well
as a Comprehensive Plan change under Section 1.
Mr. Colvln questioned if the proposed change would require a first
reading of the ordinance? Mr. Sievers stated no, he views this as
a minor change at second reading.
M/S/C(Huff-Menees/Montgomery) to pass Ordinance No. 4597, on second
reading, adopting the Charleston Community Plan as an Amendment to
the Bremerton Comprehensive Plan and adopting related Amendments to
the Text and Maps of the Bremerton Zoning Code, BMC 21.02.
Vote on motion: In Favor: Montgomery, Huff-Menees, Neville, Farr,
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Opposed:
Overson, Law, McConnell, Colvin
Winters
Motion carried.
9A - RESOLUTION #2611, REGARDING RECOVERY OF FEES FOR THE ABATEMENT
OF VEHETATION ON THE LISTED PROPERTIESr ~AB97-150
Ordinance No. 4584, which was approved by Council on February 14,
1997 and codified by Section 9.14 of the Bremerton Municipal Code,
declares that it is unlawful and a nuisance to allow, continue or
maintain grass and weeds exceeding twelve (12) inches in height,
shrubs, brush, vines or trees which constitute a fire hazard or
provide a harborage for rats, rodents, or horticultural pests, or
noxious and poisonous plants. The listed properties are currently
in violation of the ordinance and pursuant to Section 9.14 of the
Bremerton Municipal Code, Council is asked to approve the removal
of the nuisance vegetation on the property and collection of the
costs incurred by personal judgment against the owner and a lien
against the property.
Paula Johnston, Deputy City Clerk, read into the record B.M.C.
9.14.040 - HEARING BY CITY COUNCIL: "If the conditions described in
the notice have not been corrected prior to the time specified
therein, a resolution shall be presented to the City Council on the
date designated in the notice therefor, which resolution shall
provide that the department of the City, named therein shall after
the date set therein forthwith cause the removal or destruction of
the vegetation, or any part thereof, as specified or complained of
in the notice. Upon introduction of the resolution, the owner
shall be entitled to be heard and to show cause, if any, why the
vegetation or such part thereof should not be removed or destroyed.
The findings of the City council determining that the vegetation
described in the notice is or is not a nuisance shall be
conclusive. If the City council finds that the same is a nuisance
and the owner has appeared at the hearing thereon, the owner may in
the discretion of the Council be given such additional time as may
be specified by the Council to abate the nuisance."
Ms. Johnston read the following letter into the record: To
Bremerton City Council - dated June 30, 1997, I am the owner of
1903 6th Street and responding to the notice posted this week
regarding overgrown vegetation. Janet Lunceford has provided me a
copy of the ordinance, which until now I was unaware of. Several
weeks ago someone notified my tenants on the property of the
overhanging bushes, which we trimmed and removed in that they were
interfering with walking on the sidewalk. There is a small area of
remaining blackberries well back in the yard that will be removed;
however, I object to your notice in that these are not weeds, but
a native northwest plant. Indeed, many of us harvest their fruit
and they are not dead or organic debris. There is also nothing
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obstructing travel on the sidewalk other than the constant trash
the public drops, which I am forced to clean up. This is
especially ironic in that the area allows public parking all along
the strip that I am required to maintain. As such, I request your
notice be promptly removed. I will address my landscape and any
action the City does to my property without my consent will be
dealt with by my attorney. Signed Peter Ciani, 831 Thorndyke Road,
Port Ludlow, WA 98365.
Janet Lunceford, Building Department, stated following an
inspection made this date, the following four properties can be
removed from the list: #8 - 2451 N. Wycoff; #12 -- 2530 N.
Lafayette; #13 - 2933 19th Street; #14 - 1510 Snyder. Ms.
Lunceford reviewed the procedure used to investigate a complaint
and explained after two unsuccessful attempts by phone to reach the
owner, a letter is sent out informing them of the new ordinance and
giving them seven days to remove the vegetation.
Public comment - none.
Mr. Law asked if Ms. Lunceford had a date for removal of vegetation
from the property at 2302 E. 18th Street? Ms. Luncefor4 stated the
City has contacted a landscaping company and requested they submit
a bid proposal to clean up all of the properties identified on the
list as amended, which she expects early next week.
Mr. Winters questioned the estimated cost to the City, i.e.
inspections and attempts to contact the property owners? Ms.
Lunceford explained the City is not charging Administration Fees
for this work; however, she would estimate 10-15 hours on each
complaint. Mr. Winters questioned how much would that equate in a
dollar cost to the city? Mr. Lunceford stated approximately $25.00
per hour. Mr. Winters stated his concern that enforcing the
ordinance could amount to substantial administrative costs. He
asked Mayor Horton if she was standing by her earlier comment that
the City would not be mowing lawns for property owners? Mayor
Horton stated yes, assistance will be sought through Community
Service Workers or community service organizations. She is looking
into the possibility of organizing a City employee group work event
whereby they would spend a portion of a day assisting in clean up
projects within the community. Mr. Winters asked how can the City
impose 12-inch tall grass ordinance and yet find areas where the
City's land is supporting grasses 24-inches tall? Mayor Horton
stated as those areas are identified they will be cleaned up. She
believes the number of residents needing assistance is smaller than
expected and that local community service organizations will able
to provide the needed assistance.
Mr. MoConne11 questioned the last time the property at 1903 6th
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Street was inspected? Ms. Lunceford stated she inspected the site
today and observed the ivy cascading over the bank had been cut;
however, nothing had been done to the blackberries.
Mr. Overson stated he has seem many positive results from this
program and extended compliments to staff for their efforts in
administering the ordinance.
Mrs. Huff-Menees echoed Mr. Overson's comments. Council was aware
that there would be issues and concerns that would require some
assistance, but it was also identified, at that time, that
regardless of the difficulties and initial cost to the City it was
far more expensive to the City to not address these issues. Our
difficulty over the years to attract homeowners and new businesses
to the City because of complacency regarding unmaintained
properties has been costly and the abatement program initiated the
past few years has made a tremendous difference. She views this
program as another step to take more pride in the City and attract
homeowners and businesses for a brighter economic future.
Mr. Montgomery stated he believed this kind of action should be
administered by the Administration and not involve the City
Council. However, he does believe the City should have the right
to clean up properties that have been neglected and create
nuisances without having to go through a lengthy process. He
suggested contacting the State Legislature to look into some kind
of change in the law.
Mr. Colvin stated this issue was discussed at the Annual
Association Of Washington Cities Conference and the possibility of
some kind of recognition for those that do maintain their
properties. He questioned how the City determines that a property
needs maintaining to meet the City's ordinance? Ms. Lunceford
stated it is on a complaint basis; however, if she observes other
properties that are in violation, she will include them in the
process of notification. Mr. Colvin asked if the residents at
2711/2713 Hefner Avenue had been notified the City would be
cleaning up their property? Ms. Lunceford stated yes.
Mr. Neville stated he views this action as a step in the right
direction.
President Fart stated after the trial period, he hoped the
ordinance could be brought back for revision based on what is
learned from administering the program. He believes the citizens
of Bremerton have the right to take pride in their neighborhoods
and protect their property values and should not be denied that
right because one or two people choose to let their property run
down and become an eyesore within the neighborhood.
#2185
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M/S/C/U(Neville/Montgomery) To adopt Resolution #2611, approving
nuisance vegetation abatement on the listed properties and
determining means of collection of costs incurred for its removal
excluding #8, #12, #13 and #14.
10A - PUBLIC HEARING ON RESOLUTION NO. 2606, REGARDING RECOVERY OF
FEES FOR THE REMOVAL OF GARBAGE ANDDEBRIS FROM PROPERTY LOCATED AT
1316 WARREN AVENUE, #AB97-146
On May 8, 1997, the City removed garbage and debris from the
property located at 1316 Warren Avenue, after the owners Lany and
Lyvell Hall, failed to do so as ordered by the Building Official.
The cost charged to the Revolving Abatement Fund for this action
totaled $1,997.50. Council must now decide if the fees are just and
reasonable.
Janet Lunceford, Building Department, stated this property was
referred to the Building Department in March 1997, from the Health
District, who were unsuccessful in getting the property owner to
clean up the site. On March 17, 1997, the property was posted with
an order to remove refuse within 72-hours and on April 7, 1997, a
certified notice was mailed to the owner; however, no contact was
made with the owner. On May 8, 1997, the Street Department removed
the debris from the site. Since that time, it has come to her
attention that the property was foreclosed and the mortgage company
has taken care of the weed problem and she expects they will pay
for the proposed lien.
Public comment - none.
Mr. Colvin questioned the procedure used by the City to obtain
pictures showing the debris? Ms. Lunceford explained the subject
house was abandoned by the owner and the debris could be seen from
the alley. Mr. Colvin asked the City Attorney if City personnel
can go onto private property to take pictures without the
permission of the owner? Ian Sievers, City Attorney, explained the
City seeks permission if a complaint has been made in order to
document and inventory the extent of the alleged problem,
particularly where junk vehicles are involved. In the case of
excess garbage, an on site inspection is needed and if permission
is not granted and the City believes there is probably cause then
a Search Warrant is issued. Mr. Colvin questioned the number of
pictures of the subject site taken on the property? Ms. Lunceford
explained the pictures showing the garage, debris, cars and
appliances were taken from the alley and because it was obvious
that more debris was stored on the back porch, a picture was taken
from the property.
Mr. Neville pointed out 25 yards of debris, two appliances and ten
tires were disposed of at the landfill. Ms. Lunceford noted they
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also found dead animals in the garage, which was a concern to the
neighbors.
Mr. Winters commented on the role of government and the importance
for the City to be fair. He believes the City has been fair and
should not have to clean up after property owners.
M/S/C/U(Montgomery/Neville) to adopt Resolution No. 2606, ordering
that the fees incurred for the removal of garbage and debris from
the property located at 1316 Warren Avenue be collected as
reasonable abatement costs and become a personal judgement against
the property owners, which if not collected within 30 days shall
become a lien against the property.
10B - PUBLIC HEARING ON RESOLUTION NO. 2607, REGARDING RECOVERY OF
FEES FOR REMOVAL OF GARBAGE ~ND DEBRIS FROM PROPERTY LOCATED AT
2100 19TH STREET, ~AB97-147
On May 1, 1997, the City removed garbage and debris from the
property located at 2100 19th street, after the owner, Jack
Champion, failed to do so as ordered by the Building Official. the
cost charged to the Revolving Abatement Fund for this action
totaled $671.40. Council must now decide if the fees are just and
reasonable.
Janet Lunceford, Building Department, stated the site has been
vacant for a long time and was once fenced and locked; however, now
it is unsecured and people are using it as a dump site. On April
9, 1997, the City contracted the realtor handling the property and
was told the owners were in bankruptcy and unable to remove the
garbage. The Street Department cleaned up the site on May 1, 1997.
Public comment - none.
Mr. McConnell asked if the City receives a reduced rate on dumping
fees at the landfill when disposing of garbage and debris from
private properties? Ms. Lunceford stated yes. Mr. M¢Connell
pointed out the property owners are getting a "break" for the cost
of disposal over what citizens would have to pay.
Mr. Law pointed out the an Ordinance was recently passed whereby
the City can charge an Administrative cost to the abatement
transactions. He questioned the effective date of that ordinance?
Ms. Luncefor4 stated the Administrative costs will only be added to
the dangerous building abatements and Housing Code abatements, not
the garbage abatements. Mr. Law stated he had assumed
Administrative costs would be added to garbage abatements and
suggested the ordinance be revisited in order to charge the
property owners for the administrative time involved. Ian Sievers,
City Attorney, stated he could look into amending the Garbage
#2794
TAPE #1475
City Council Reg. Mtg. Minutes
July 2, 1997
Page 12 of 14
Abatement Lien, but one change that was made to the Abatement of
Dangerous Buildings Ordinance in addition to the Administrative
costs was to expand the scope of that abatement to include premise
conditions, which made the premises unsanitary and unsafe, that
could include garbage/debris. The process could be used more often
for what has been, in the past, garbage abatements, which would
include Administrative cost as well and a more rapid and secure
method of recovering liens through tax assessments. Mr. Law asked
if additional action by Council would be required to accomplish
what Mr. Sievers described? Mr. Sievers stated the major problem
encountered in the past by not having an Administrative fee on
garbage abatements will largely be corrected through the amendment
he just described under the Dangerous Building Code, which have
been in affect since amendments were made to Code that included the
Administrative cost. Ms. Luncefor4 pointed out if the Dangerous
Building Code is used for garbage removal, the City has to allow 30
days for an appeal period. If she posts a property then the
garbage cannot be removed for 30 days. Mr. Law asked if there was
any way to avoid the 30-day delay? Mr. Sievers noted the garbage
abatement process is quicker; however, he will look into the
possibility of adding a similar cost pass through in the related
ordinance.
M/S/C/U(Montgomery/Huff-Menees) to adopt Resolution No. 2607,
ordering that the fees incurred for the abatement of garbage and
debris located at 2100 19th Street be collected as reasonable
abatement costs and become a personal judgement against the owner,
Jack Champion, which if not collected within 30 days shall become
a lien against the property.
10C - PUBLIC HEARING ON RESOLUTION NO. 2612, R~GARDING RECOVERY OF
FEES FOR THE REMOVAL OF GARBAGE ANDDEBRIS FROM PROPERTY LOCATED AT
1713 BURWELL STREET, ~AB97-151
On May 14, 1997, the City removed garbage and debris from the
property located at 1713 Burwell Street, after the owner, J. S.
North, failed to do so as ordered by the Building Official. The
cost charged to the Revolving Abatement Fund for this action
totaled $843.30. Council must now decide if the fees are just and
reasonable.
Janet Lunceford, Building Department, stated on March 24, 1997, a
notice was posted on the subject property, which was approved by
Council as a lien in April 1997. On April 21, 1997, the City had
to return to the site because it appeared the garage was filled
with garbage. A panel from the garage door had been removed so the
materials inside were visible.
Public comment - none.
#2940
TAPE #1475
City Council Reg. Mtg. Minutes
July 2, 1997
Page 13 of 14
Mr. Colvin asked if pictures were available from the prior clean up
effort? Ms. Lunceford stated yes, and a picture of the cleaned out
garage, but she did not have a picture showing the garbage found
inside.
M/S/C/U(Montgomery/Colvin) to adopt Resolution No. 2612, ordering
that the fees incurred for the removal of garbage and debris from
the property located at 1713 Burwell Street be collected as
reasonable abatement costs and become a personal judgement against
the property owner, which if not collected within 30 days shall
become a lien against the property.
10D - PUBLIC HEARING ON RESOLUTION No. 2613, REGarDING RECOVERY OF
FEES FOR REMOVAL OF G~RE~GE AND DEBRIS FROM PROPERTY LOCATED AT
#3111
3019 C~SCADE TRAIL, ~AB97-152
On May 13, 1997, the City removed garbage and debris from the
property located at 3019 Cascade Trail, after the owners, Jerry &
Annette Fairchild, failed to do so as ordered by the Building
Official. the cost charged to the Revolving Abatement Fund for
this action totaled $797.95. Council must now decide if the fees
are just and reasonable.
Janet Lunceford, Building Department, stated a complaint was
received on March 28, 1997, and a letter was sent to the mortgage
company on April 21, 1997, after it was apparent the subject
property was in foreclosure. On May 8, 1997, a 72-hour notice was
posted after not receiving a response from the mortgage company,
which resulted in the Street Department removing the debris on May
13, 1997.
Public comment - none.
Mr. Neville stated it was a shame that the four abatement processes
took up 68.5 man hours that could have been used for constructive
activities, i.e. filling potholes, etc.. He supports actions to
allow the City to recover all administrative costs for carrying out
abatements.
M/S/C/U(Montgomery/Colvin) to adopt Resolution No. 2613, ordering
that the fees incurred for the abatement of garbage and debris
located at 3019 Cascade Trail be collected as reasonable abatement
costs and become a personal judgement against the owner, which if
not collected within 30 days shall become a lien against the
property.
President Fart thanked the TV camera crew for their services: Rob
Rupe, Patricia Mathes, and James Nobel, Jr.
TAPE #1475
City Council Reg. Mtg. Minutes
July 2, 1997
Page 14 of 14
With no further business meeting adjourned at 7:00 P.M.
PAULA JOHNSTON, Deputy City Clerk
DAVID FARR, Council President
City of Bremerton
PJ/DDF/ls
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
BID AWARD RECOMMENDATION -
PURCHASE OF DUCTILE IRON PIPE
FOR THE YEAR 1997
FOR AGENDA OF: July 16, 1997
ORIGINATING DEPT: Public Works & Utilities
ORIGINATOR: W. Hamilton, Util Oprns Mgr
DATE SUBMITTED: July 1, 1997
CLEARANCES: (Comment on b~%c~ 3.
if neces~ary~( /
Director, P~ & Ut±/~
City Treasurer
City Attorney
Purchasing Supr
Fin & Budget Com~F~~~-/~-
Operations Comm
ENDORSEMENT ~ ~FO~ION
MAYOR~ .
EXHIBITS:
Bid Tabulation
e
[] APPROVED BY COUNCIL
PRESIDE~NT F~R SUBMITTAL:
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Se
Call for Bids was prepared, advertised, distributed and received in
accordance with accepted Call for Bids procedure for ductile iron pipe for
the Utilities Operations Division. Two (2) bids were received. The low
bidder is United States Pipe and Foundry, Auburn, Washington. We have
(Continuation on Page 2)
RECOMMENDATION:
The City Council approve the bid award and authorize the Mayor to execute the
contract for the purchase of ductile iron pipe from United States Pipe and
Foundry at the unit prices indicated, subject to City Administrative Policies
and Procedures.
RESPONSIBLE OFFICIAL: Public Works and Utilities Director
ENFORCEMENT OFFICIAL: Utilities Operations Manaqer
EXPIRATION DATE:
REVIEW DATE:
PULLED [] TABLED []
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED [] DISAPPROVED []
AMENDED []
2. CLEAI~NCE COHMENTS:
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
purchased from this company in the past and they were awarded bid in 1996.
They have proven themselves to be responsible and cooperative. The bid
tabulation is attached. As in the past, ductile iron pipe will be ordered
as needed during the year. An open purchase order will be established to
facilitate this process.
®
IMPACT ON NON-PASSAGE:
The Department would have to purchase ductile iron pipe from other vendors
in less quantities and would not receive the lower unit prices offered by
United States Pipe and Foundry.
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing:
Budget:
Facilities:
Equipment:
N/A
Sufficient funds are budgeted for the purchase of ductile
iron pipe.
N/A
N/A
8. RESEARCH SOURCES:
BID TITLE: --'"~,., c~_, I~. ~o ~ '--~,'p e..
DATE OPENED: /" I =o 0 / q '7 TIME OPENED:
CITY OF BREMERTON
BID TABULATION
OPENED BY ,,
RECORDED BY
BIDDER j RECTD I ITEM 1 ;:ITEM 2
ITEM 3
ITEM 4
SUMMARY TOTAL BID COMMENTS
ITEM 5 NET BID TAX TOTAL
~,
LOWOIOOe~
LOW
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:Public Hearing RESOLUTION: #
Applicant: Loren & Karen Olsen
Location: Marine Drive & Dora Avenue
FOR AGENDA OF: July 16, 1997
ORIGINATING DEPT: Comm. Dev.
ORIGINATOR: M.Mathes
DATE SUBMITTED: 7/10/97
2. CLEARANCES: (Comment on back if .necessary)
Director of Comm. Dev.: ~~/~___
City Attorney:
Fiscal/Budget Comm: N/A- QUASI JUDICIAL
Operations Comm: N/A- QUASI JUDICIAL
3.EXHIBITS:
1- BMC 11.02, p. 12,13
2-PLCommMinutes 6/3/97
ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR~SURMITTAL:
MAYOR ~_ ~.~ COUNCIL PRESIDENT ~~/~'
4. SL%~WARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City Council has been requested to schedule a public hearing to consider
a right-of-way vacation and dedication under BMC Chapter 11.040, first making
a resolution, then adopting an ordinance following a public hearing, under
BMC Chapter 11.060. The petition was filed by the property owners of the
affected property on 3/12/97. Planning Commission recommended approval in
accordance with BMC 11.030 on June 3, 1997. The action by City Council at the
public hearing on August 6, 1997 would quasi-judicial, affecting real estate
transfer, so no other information would be appropriate to provide to Council
at this time.
5. RECOMMENDATION:
Motion to approve Resolution #~/7, approving scheduling of a PUBLIC HEARING
before City Council on August 6, 1997 to consider a right-of-way ~acation and
dedication, instructing City Attorney to prepare a Resolution in accordance
with BMC 11.02.040.
6. RESPONSIBLE OFFICIAL: Donald L. Pratt,AICP
ENFORCEMENT OFFICIAL: Judy Joh~&~CBO
EXPIRATION DATE: N/A ~ ~
.............................................................' 7. N~TICE OF ACTION --Jr~~~'
PULLED-- __ TABLED APPROVED DISAPPROVED ~ ~ J
COUNCIL DIRECTIVE: DATE~
8. AGENDA BILL NO.: ~7-;~
BREMERTON CITY COUNCIL AGENDA BILL (CONT.)
9. C?.w. ARANCE COMMENTS:
10. IMPACT OF NON-PASSAGE: Petitioners request would be denied before a
public hearing of their request, which would be at variance with
procedure outlined under 11.02.040.
11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: A
detailed analysis of impacts will accompany the packet for August 6 City
Council meeting.
12. RESEARCH SOURCES: Bremerton Municipal Code 11.20.040
RESOLUTION NO. ~(~1 ~
A RESOLUTION setting heating date for the vacation of a 20 foot portion of right-of-way
on Marine Drive.
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT
A public heating will be held on August 6, 1997, at 6:00 p.m. or later at the
Bremerton City Hall, 239 Fourth Street, (second floor - City Council chambers)
Bremerton, Washington to take public comment or objections to the vacation of the
following right-of-way:
Application:
Ae
Applicants:
Request for vacation of right-of-way (R-O-W):
5' x 97.37' and 200'x 20'
(4486.25 S.F.)
Loren and Karen Olsen
1327 Dora Avenue
Bremerton, Washington 98310
Location:
Rectangular shaped parcel, located on Marine Drive,
southwest boundary of Parcel #226 5' x 97.37' and 200' x 20'.
(Legal description and map attached as Exhibit "A").
PASSED by the City Council of the City of Bremerton this
running along the
day of__
, 19 .
DAVID D. FARR
Council President
OLSEN.RES - Resolution - 7/10/97
F~XHIB IT "A"
LF. CAL DESCRIPTION
A PORTION OF THE NORTHWEST QUARTER OF SECTION 1S, TOWNS~41P 24
NORTH, RANGE 1 F_.A~T, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED
FOLLOWS:
COP~h¥1£NCING AT A POinT WEUC/:i ~ NORT~ ~90~'I~" W~T ~o0 FEET,
SOUT~ 0016'~'' WEST 41~63 F~T FRO~I T~ NORTH~T CO~ER OF
SOUghT QU~T~ OF T~ NOR~WEST QUARTER OF S~ SECTION 1~;
T~CE SOUT~ 0016'~'' W~T 189.7T FEET; T~EN~E NORT~ 42°~'00'' WEST 4Z60 FEET
TO T~ PO~T OF
~NCE NOR~ 4~3~'~" ~T 20.00 FEET; T~NCE NORT~ 42023'00'' WEST 200.~
FEET; ~ENCE SOUTH 4~37'00" W~T 5.00 FEET; ~NCE NOR~ 420~'00'' WEST 97.41
F~T TO ~ WESTE~Y MOST CO~ OF ~SULT~G LOT A, C~Y OF
B~TON BO~Y L~E ~STMENT ~CO~E~ UN~ER F~E ~ER
9~20~14~, ~CO~S O~ ~ CO~, W~GTON; T~NCE SO~H SOUT~
47°3~'~'' WEST 1~ F~T; T~ENCE SOUT~ 42e~'O0'' E~T 29%41 FEET TO ~E PO~T
Chap~r 11.20
STREET AND ALLEY VACATION
PROCEDURE
,~CtiOlln:
11.20.010
11.20.020
11.20.030
11.20.040
11.20.050
11.20.060
11.20.070
PETITION - DESIGNATED.
PETITION -
EXAMINATION, FEE AND
REFERRAL
lq'EA.RI~G BY ?LANN]~G
COM2KISSION
RECOMMENDATIONS.
m~,ARING BY COUNCIL -
RESOLUTION AND
NOTICE.
PROCESSING COSTS AND
~.rNG FgE.
AU'I~ORIZ~TION BY
ORDINANCE.
DENIAL - RETURN OF
FILING IrgE.
11.20.010 PETITION - DESIGNATED.
Any owners having an interes~ in any
real estate abutting upon any street or alley who
may desfire to vacate the street or alley, or any
part thereof, shall petition the city council to
make vacation ill the manner provided ill ~
chapter. (Ord. 2334 §1, 1959).
11.20.020 PETITION -
EXAMINATION, FEE AND
REFERRAJ~.
The petition shall be presented to th~ city
engineer for cxamiuation prior to the payment of
the filing fee. The petitioners shall then present
the petition to the city treasurer, and pay the_
txcasu/cr a filing fee as provided for by re.solution
of the city council. The city treasurer, upon
receipt of such filing fee, ehall endome upon the
petition a receipt of payment, and, in addition
thereto, furttish to the petitioner a separate
written receipt showing the payment. The petition
eh.all then be presented to the clerk who will in
turn refer/~be petition to the planning
for e:~aminafion and recommendation. (Ord. 3688
~9, 1982; O~d. 3597 §7, 1980; Ord. 2334 }2,
1959).
11.20.030 I:~.ARI~G BY PLANNI2~G
COMMISSION
RECOM2M~ENBATIONS.
The planning commission may, Lf it sees
fit, hold a prelimlrmry public hearing thereon at
such time, place, and upon such notice as the
commination may determine. Thc petitioners anti
ail other persons interested in the vacation shall
have an opporturfity to be heard at the hearing,
The planning commk~ion a~¢r ~,.lch hearing
~i! return the petition to the city. council with its
wri_ttea recommca<lation~. (O~ 2334 §3, 1959).
11.20.040 I:i~2ARI~G BY COITNCIL -
RESOLUTION AND
NOTICE.
Upon receipt of the petition and
recommendation, the council will then set a
wh~m the petition shall be heaxd dad shall ~
the. city attorney to draft a resolution, in which
the time the l~fion ~hal~ be heard shall be
det~rmlned, which nhall be llOt mor~ than
days ncr less than twenty days at, er the date of
adoption of th~ resolution, and thc city clerk ~,~hall
give twenty days' notice of the pendency of the
petition by written notice po~ed in three of the
most public places in the city and a like notice in
a conspicuous place on the street or alley sought
to be vacated. The notice shall contain a
statement that a petition ~ been filed to vacate
the street or alley dec, cn2:ed in the notice, together
with a statement of the time and place fixed for
the hearing thereof. (Ord. 2334 §4, 1959).
11.20.050 PROCESSING COSTS AND
FIZING FEE.
Il' the ~ of pr~Mg ~ ~fifion for
~fion is ~ter than ~e f~, ~en ~e d~ shall
~d ~d ~iv¢ ~m ~e ~fio~ ~fo~
~g ~ ~L ~ ~e~ ~n ~
~ ~oN~ ~d ~e filing f~. (~& 2334 ~5,
1959).
I1.20,060 AITI~OlZTTakTION BY
ORDINANCE.
At the time appointed for the hearing of
the petition, the petition shall be heard and if the
council determines to grant the petition or any
11-12
11.20.070 DENIAL - RE'rUgN OF
lrrl,rNG FEE.
In tJ~ cv~ thnt the city council at the
hearing on t~ petition ~.n d~ny thc vacation of
tl~ street or alley, th~ city may if it _&eems it to
tl~ b~t int~t oftl~ city, r~nrn tt~ fr~in~ f~ tc
tl~ I~tition~a'~ (Ord. 2334 §7, 1959).
11-13
UNAPPR O VED DRAFT
PLANNING COMMISSION MEETING MINUTES
June 3, 1997
Note: Taperecorder malfunctioned.
I.
II.
IH.
No audio tape is available for this meeting.
Chairman Stone announced and called the meeting to order.
The Secretary called the roll: Those present were Adams, Dingfield, Robinson, Boyd,
Olson, Stone. Absent was: Hancock.
The agenda was approved as written, except that item X-1 (ROW Vacation) would be
taken first. That item was scheduled for the May 20 meeting but wasn't considered due
to lackof time.
X. New Business:
IV:
1. Right-of-way Vacation/Dedication:
PUBLIC HEAR~G:
Item XI Right of Way Vacation - Type III
Matt Mathes presented the staff report for the Dept. of Community Development.
Commissioner Dingfield questioned the zoning 0VIF) in the neighborhood.
Mr. Mathes confirmed that the existing zoning is "MF" on the site adjacent to the
proposed right-of-way action.
Commissioner Robinson stated the right of way to be vacated has varied widths along
the area proposed to be vacated.
Mr. Mathes confirmed the right of way widths to be vacated vary (5 ft. wide, 20 ft.
wide), so that the right-of-way after vacation will be a uniform width set at 60 ft. wide.
Chairman Stone and Commissioner Robinson commented that any erosion control
plans would be approved administratively.
Commissioner Robinson moved that the Planning Commission recommend that the City
Council approve the right-of-way vacation and right-of-way dedication as shown on
Exhibits A & B. Commissioner Gray seconded the motion and it passed 5 to 1
(Dingfield).
P.C. Minutes: Page 1
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: FOR AGENDA OF: July 16, 1997
BUDGET ADJUSTMENT - REAL ESTATE ORIGINATING DEPT: Public Works & Utilities
EXCISE TAX FUND 109 - REMEDIATION ORIGINATOR: G. Sampley, Dir/PW&Utils
WORK - EVERGREEN PARK DATE SUBMITTED: June 27, 1997
2. CLEARANCES: (Cogent on back 3. EXHIBITS:
if necessary)
97-19
Director,~P~arks & Rec~ %~~
S.rvs .
City Treasure~~
Fin & Budget Comm~~/~,
Operations Comm~L"~ ~ .... 'L__~y~ d~ ~-Z~ ~/~r~~ --
ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL P/~ESID~ENT ~Ot~SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
A Professional Services Agreement was entered into November 20, 1995 with
Failure Analysis Associates, Inc. for the initial phase of the remediation
of properties around Smith Cove included in the Evergreen Park expansion
area. The fees under the Agreement as amended March 26, 1996 are a maximum
amount of $272,647. The 1996 budget of $150,000 was established in the Real
(Continuation on Page 2)
Se
RECOMMENDATION:
The city Council approve the attached Budget Adjustment 97-19 to the Real
Estate Excise Tax Fund 109 in the amount of $150,000 to complete the initial
phase of the remediation work for Evergreen Park expansion.
RESPONSIBLE OFFICIAL: Director of Public Works and Utilities
ENFORCEMENT OFFICIAL: Director of Public Works and Utilities
EXPIRATION DATE:
REVIEW DATE:
PULLED [] TABLED []
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED [] DISAPPROVED []
AMENDED []
2. CLEARANCE COMMENTS:
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
Estate Excise Tax Fund for this project. Expenditures through 1996 total
$129,515 including approximately $4,000 in legal expense. A 1997 budget to
complete the initial phase of work has not been established. Approval by the
Council of the attached budget adjustment in the amount of $150,000 is
requested to complete the remaining scope of work included in the Agreement.
IMPACT ON NON-PASSAGE:
The City will be unable to complete the remedial investigations and plan for
the expansion of Evergreen Park.
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
This is an ongoing project and no impact on staffing. The attached budget
adjustment is necessary to complete the work.
8. RESEARCH SOURCES:
Requesting Department:
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
REAL ESTATE EXCISE TAX FUND 109
No,
97-19
SOURCE OF FUNDS:
Description
DECREASE:
ENDING CASH
Amount
150,000
USE OF FUNDS:
Description
INCREASE:
CAPITAL - SMITH COVE PROJ.
Amount
150,000
NARRATIVE:
This adjustment provides for completion of the scope of work in the City's contract with Failure Analysis for
environmental analysis in the Smith Cove area.
Department Head Signature
Treasurer Comments:
Date Director Signature Date
~'~~Re~mmended
Not Recommended ~'l'reasurer's Slg~ '-I' \
Mayor Comments:
Date
Recommended ~
Approved ~-~
Not Recommended -7.~ ~/~
Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
~Recommended
Approved
Not Recommended
Denied
c~ FiS~.~I & Budget COmfnittee Signature Date
/
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Sylvan Way Street Improvements,
Interlocal Agreement with Kitsap County and Budget
Adjustment
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
2. CLEARANCES: (comment on back
Director, Public Works/Utilities jr
City Attomey
City Treasurer ~
· . .
Council Budget & F~nance Comm,tt~~Zf~
Operations Committee
MAYOR ~ 4_~-
July 16, 1997
Public Works & Utilities
Randy Witt, City Engir~eer
July 7, 1997 /'"-i'/..rl,qk(~.
EXItlBITS
A. Interlocal Agreement
B. Budget Adjustment
C. County letter authorizing work..
APPROVED BY COUNCIL I:~SID~ .SUBMITTAL:
COUNCIL PRESIDENT ~. IA~--W K}~T,~AA
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The County authorized the City of Bremerton to construct curb, gutter, sidewalk, pavement and storm drainage
improvements to the County right-of-way on Sylvan Way from Petersville Road to Olympus Drive (see attached
letter). This work is being performed in conjunction with the city Sylvan Way Street Improvement Project
currently under construction. Change Orders addressing this work were approved by City Council on
June 25, 1997.
To receive reimbursement for this work from the County, an Interlocal Agreement needs to be executed. The
attached Interlocal Agreement with an estimated amount of $57,000 and a not-to-exceed amount of $60,000 will
provide reimbursement for this work. A budget adjustment is necessary to reflect the revenue. Staff recommends
approval of the Interlocal Agreement and the budget adjustment.
8. RECOMMENDATION:
That the City Council approve the budget adjustment and the Interlocal Agreement with Kitsap County to be
reimbursed for improvements made on Sylvan Way and authorize and direct the Mayor to execute the agreement.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Engineer
N/A
PULLED
TABLED
10. NOTICE OF ACTION
APPROVED DISAPPROVED
COUNCIL DIRECTIVE
11.
AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The City of Bremerton will expend approximately $57,000 on improvements in the County fight-of-way
on Sylvan Way.
6. IMPACT ON STAFFING, BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES:
No impact on staffing. A budget adjustment is required to reflect, the Interlocal Agreement which provides
reimbursement to the City of Bremerton for this work.
7. RESEARCH SOURCES
97414
INTERLOCAL AGREEMENT
Between the City of Bremerton and Kitsap County
Regarding the construction of improvements on Sylvan Way from
Petersville Road to Olympus Drive.
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the
provisions of Chapter 39.34 RCW, this __ day of ., 1997, by and
between the City of Bremerton (hereinafter referred to as "CITY"), and Kitsap County
(hereinafter referred to as "COUNTY").
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
government units to make the most efficient use of their power by enabling them to cooperate
with other localities on a basis of mutual advantage and thereby to provide services and
facilities in a manner pursuant to forms of governmental organization that will accord best
with geographic, economic, population and other factors influencing the needs and
development of local communities, and
WHEREAS, both parties share responsibility to promote the development of public
transportation in Kitsap County, and
WHEREAS, both parties desire to facilitate the development of improved
transportation on Sylvan Way between Warren Avenue and Olympus Drive as shown on the
City project plans entitled "Sylvan Way Street Improvements, Warren Avenue to Olympus
Drive" a portion of which is attached as Exhibit 1 (hereinafter referred to as "PROJECT"),
and
WHEREAS, the CITY has allocated funding for design, construction, and inspection
of the improvements in the City portion of the PROJECT limits, and
WHEREAS, the COUNTY desires to allocate funds to provide improvements in the
County portion of the project area; the north half.of Sylvan Way from Petersville Road to
Olympus Drive, and
WHEREAS, both parties desire to obligate funds associated with the project,
NOW THEREFORE, the parties through their respective legislative bodies in
consideration of the mutual covenants contained herein, do agree as follows:
1. PURPOSE
The purpose of this Agreement is to allocate to the CITY funds from the COUNTY for
the design, construction, and inspection of improvements (curb, gutter, sidewalk,
pavement, storm drainage, and incidental items) on and serving the COUNTY right-
of-way on the PROJECT.
City & Kitsap County
lnterlocal Agreement on Funding Sylvan Way Improvements
2. RESPONSIBILITIES OF THE PARTIES
(a) COUNTY shall contribute $57,000 towards the design, construction, and
inspection of the PROJECT. The not-to-exceed amount of this agreement is $60,000. The
final amount shall be based upon actual costs incurred in constructing improvements. In the
event the final amount exceeds the not-to-exceed amount it shall be subject to the approval of
COUNTY in the form of a formal amendment to this Agreement signed by the parties.
(b) The CITY as Project Manager shall be responsible for making disbursements
to City staff and contractors hired to complete the PROJECT and for monitoring the
PROJECT budget.
(c) The CITY shall invoice COUNTY for its prorata share of the City staff and
contractor, costs as costs occur on a monthly basis unless a mutually agreeable alternative
arrangement is made in writing.
3. ADMINISTRATION
This Agreement shall be administered by the CITY. The Project Manager for this
PROJECT shall be the City Engineer.
4. 'TERM
This Agreement shall take effect on June 11, 1997, in accordance with written
approval to proceed from the COUNTY, and shall continue until June 31, 1998, unless
mutually extended or terminated.
5. ENTIRE AGREEMENT
. This Agreement constitutes the entire agreement between the parties and both parties
acknowledge that there are no other agreements, written or oral, that have not been fully set
forth in the text of this Agreement.
6. AMENDMENTS
The parties hereby further agree that this Agreement cannot be amended or modified
without the written concurrence of both parties.
7. NOTICES
Any notices required to be given by the CITY to COUNTY or by COUNTY to the
CITY shall be in writing and delivered to the parties at the following addresses:
City of Bremerton Kitsap County
City Clerk Department of Public Works
239 Fourth St 614 Division St. MS26
Bremerton, WA 98337 Port Orchard, WA 98366-4686
City & Kitsap County
Interlocal Agreement on Funding Sylvan Way Improvements
8. DISPOSITION OF PROPERTY
No personal property is expected to be acquired as part of this agreement. However,
any personal property acquired using the funds identified in the Agreement shall become the
property of CITY or COUNTY as mutually agreed upon at time of acquisition.
9. APPLICABLE LAW
a. VENUE
This Agreement shall be constructed
laws of the State of Washington.
Washington.
and interpreted in accordance with the
Venue shall be in Kitsap County,
b. DISPUTES
In the event that a dispute arises under this Agreement, it shall be resolved in
the following manner: CITY and COUNTY shall each individually appoint
one member to a Dispute Board and jointly appoint a third member. The
Dispute Board shall evaluate the dispute and make a determination of the
dispute. The determination of the Dispute Board shall be final and binding on
the parties hereto. Each party shall pay costs of its appointee and share costs
of the joint appointee.
10. ORDER OF PRECEDENCE
In the even of an inconsistency in this Agreement, unless otherwise provided herein,
the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable state statues and regulations;
bo
This Agreement, including any other express provisions of this Agreement
whether incorporated by reference or otherwise.
11. INDEMNIFICATION
Each party shall defend, protect and hold harmless the other party from and against all
claims, suits and/or other actions arising from any negligent or intentional act or omission of
that party's employees, agents and/or authorized subcontractor(s) while performing this
contract.
12. VALIDITY
If any section of this Agreement is adjudicated to be invalid, such action shall not
affect the validity of any section not so adjudged.
City & Kitsap County
Interlocal Agreement on Funding Sylvan Way Improvements
This Agreement approved and entered into by the undersigned local government units
the day and year first above written.
CITY OF BREMERTON
ATTEST:
LYNN S. HORTON, MAYOR
KATHLEEN McCLUSKEY, Clerk
APPROVED AS TO FORM:
IAN R. SIEVERS, City Attorney
DEPARTMENTAL APPROVAL:
W. EUGENE SAMPLEY, Director of Public Works and Utilities
BOARD OF COMMISSIONERS
KITSAP COUNTY, WASHINGTON
PHIL BEST, Chairman
CHRIS ENDRESEN, Commissioner
ATTEST:
CHARLOTTE GARaRIDO, Commissioner
CLERK OF THE BOARD
97378A
City & Kitsap County
Interlocal Agreement on Funding Sylvan Way Improvements
.35
," '/.--. --
G~I~U~ N01[S
E%~IBIT I
CITY OF BREMEflTON
8YLV~ WAY 8~ IMPROVEMENTS
O~T OF ~ W~8 &
Requesting Department:
_ CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
ARTERIAL STREET FUND
NO.
97-23
SOURCE OF FUNDS:
Descd.Dtion
INCREASE:
COUNTY FUNDING
Amount
60,000
USE OF FUNDS:
Descdption
INCREASE:
CAPITAL - SYLVAN WAY
Amount
60,000
NARRATIVE:
This adjustment will provide for the County's participation in the Sylvan Way improvements as detailed in
the interlocal agreement.
Department H~ad Signature
Treasurer Comments:
Date
Director Signature
Date
~ded
Mayor Comments:
Not Recommended
Treasurer's Si
Recommended
[--'-1 Approved
Not Recommended
Denied
Fiscal & Budget Committee Comments:
Mayor's Signature
Date
[~Recommended
1---1 Approved
Not Recommended
Denied
Fi.~.~l & Budget ~(rnm~ttee Signature
37
Date
Kitsap
County Department of Public Works
614 Division Street ~{S-26), Port Orchard, WA 98366-4699
R. W. Co. steel, P.E., Director
Zune 11, 1997
Mr. Randy Witt
City of Bremerton Public Works
3027 Olympus Drive
Bremerton, WA 983104799
Re: Sylvan Way Project
Dear Randy,
As we discussed, I am requesting that you include the sidewalk and drainage improvements from
Petersville Road to Olympus Drive on the County's side of the Sylvan Way in your project. This letter
authorizes you to proceed with the work on the County's side.
In addition to the interlocal agreement you will be forwarding to us I will also need a copy of the bid
tabulation to go along with your estimate of the costs of these improvements for our records.
Keep me informed on your progress and if you have any questions contact me at 876-7121.
Sincerely,
Director
c: Ron Yingling, Asst. Director
Gary Ekstedt, Office Engineer
RnadslEngineering 360-876-7121 · Utilities Information 360-876-7124 · FAX 360-895-4926 · The Open Line 360-895-5777
Toll [ree [r~rn Poul~bo/KingsWn 350-698.336& Bainbridge l~.and 206-842-2061 and Olalla 206.851-4147
-- printed on recycled paper ~
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Asbestos Removal, FOR AGENDA OF: July 16, 1997
Phase 1, Oyster Bay ORIGINATING DEPT: PWO Street Sect.
Aquisition Property Structures ORIGINATOR: Robert E. Tulp
(19 Buildings) DATE SUBMITTED: July 10, 1997
2. CLEARANCES: EXHIBITS:
PUBLIC WORKS DIRECTOR x~ Contract Bids attached
<~/PW OPERATIONS MANAGER x ~' ~ ~~ 2.
CITY TREASURER ~ 3.
x
CITY ATTORNEY 5
FISCAL & BUDGET x 6.
OPERATIONS x 7.
APPROVED BY COUNCIL PRE~DENT~. FOR S%B.~MITTAL:
4. SUMM3%RY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
To approve Contract price of $ ~. ~./~ to K ~_ /~. Company
for the removal of asbestos contamination within the s~uc-tures in Phase 1
(~'H" Street to north end of "E" Street) of the Oyster Bay Aquisition Properties
8. RECOMMENDATION:
To approve ~/C.~ Company as low bidder to commence removal
of asbestos~ and authorize the Mayor to execute contract.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED
DISAPPROVED
COUNCIL DIRECTIVE:
DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS: None
5. IMPACT ON NON-PASSAGE:
Delay of Project
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
Bid documents
AGENDA BILL -
BREMERTON CITY COUNCIL
SUBJECT: Resolution #.~/~/
Authorizing Master Urban Tree Plan as
required by the Municipal Tree Ordinance
(4553) of the BMC 13.10.070.
FOR AGENDA OF: 16 July, 1997
ORIGINATING DEPT: Parks & Recreation
ORIGINATOR: Jim Spencer, Imerim Director
DATE SUBMITTED: 7 July, 1997
CLEARANCES: 3. EXHIBITS:
(Comment on back if necessary) C/Y J Resolution
Parks & Recreation Direct~j':~~..~e~'-- Master Urban Tree Plan (copy available at the
Public Works Director: t//t~ L~ Parks & Recreation Office)
THIS ISSUE WAS PRESENTED AT THE JULY 7, 1997 COUNCIL STUDY SESSION.
ENDORSEMENT X' INFO.R~ATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
In 1996, the City amended the Municipal Tree Ordinance (4553) of the Bremerton Municipal
Code 13.10. This Ordinance calls for the development of a Master Urban Tree Plan based upon an
inventory of existing municipal trees in these areas and an evaluation of the site and space factors
which will aid in the determination of those trees best suited for Bremerton's urban environment and
result in the development of a long-range plan for future planting and maintenance.
The Parks & Recreation Department utilized the services of Kevin McFarland, Sound Urban
Forestry, to accomplish the inventory in which he also identified location, species, size, condition, work
needs, damage, trunk damage, utility line and site. Then, working with Jim Trainer, Parks Arborist,
and Tom Cressman, Park Maintenance Supervisor, developed the long range plan for planting and
maintenance.
8. RECOMMENDATION:
To adopt Resolution # ~ ~,/~ establishing the Master Urban Tree Plan for the City of
Bremerton's trees and shrubs planted in public areas.
9. RESPONSIBLE OFFICIAL: Jim Spencer
ENFORCEMENT OFFICIAL: Jim Spencer
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
DATE:
11. AGENDA BILL #:
2. CLEARANCE COMMgNTS: --
5. IMPACT OF NON-PASSAGE:
The City will not be in compliance with the Municipal Tree Ordinance (4553) &the Bremerton
Municipal Code 13.10.070.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES:
The Master Urban Tree Plan will facilitate the maintenance, operation and planning for the City's
street and park trees.
7. RESEARCH SOURCES:
RESOLUTION NO. ~ $'/~
BREMERTON CITY COUNCIL
A RESOLUTION Regarding the approval of the Master Urban Tree Plan as required in
the Municipal Tree Ordinance (4553) of the Bremerton Municipal Code 13.10.070.
WttEREAS, it is the policy of the City of Bremerton to regulate and control planting,
removal, maintenance and protection of trees and shrubs on public areas of the City to
eliminate and guard against dangerous conditions which may result in injury to persons
using public areas of the City; and
WHEREAS, it is the policy of the City of Bremerton to promote and enhance the ..
beauty of the City; and
WHEREAS, it is the policy of the City of Bremerton to prevem damage to any
overhead or underground utilities, street, sidewalk or other public property; and
'~ ~i'",;, ~' ' ~ ? '~. ' ' ~,'
WI-tE~, it is the policy 0fthe City of Bremerton to protect trees and shrubs
located in public areas from undesirable and unsafe planting, removal and maintenanc%
practices and the guard all trees again~ shrubs on public areas again~ the spread of
disease and pests; and
WHEREAS, the City of Bremerton considers it in the best public interest to increase-
public awareness of tree benefits and proper planting and maintenance practices through
education;
NOW, THEREFORE, BE IT RESOLVED, by ..City Council of the City of Bremerton,
~.~' '~ ~'~" 4
1. That the Master Urban Tree Plan has an inventory of existing trees by location;
species, size (diameter), condition, work needs, damage, trunk damage, utility line
and site.
That Master Urban Tree Plan idemifies the currem conditions of the trees.
That Master Urban Tree Plan idemifies the work needs for the trees regarding
priming, structure, clearance and removal.
That the Master Urban Tree Plan identifies damage to curbs and.' sidewalks.
That the Master Urban Tree Plan identifies future planting sites, provides
recommended maintenance plan and provides recommended species for planting.
Page 1, version: 07/08/97
Passed by Bremerton City Council on
,1997.
David Farr
Council Presidem
Signed and approved by the Mayor and City Clerk of the City of Bremerton this
(date) ,1997
Lyrm Horton
Mayor
Kathleen McCluskey
City Clerk
Page 2, version: 07/08/97
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public Hearing
Resolution # ~-~/5"' , regarding recovery of fees for
the removal of garbage and debris from the property
located at 1333 Carr Boulevard.
FOR AGENDA OF: July 16~ 1997
ORIGINATING DEPT.: Building Dept.
ORIGINATOR: Judy Johnson
DATE SUBMITTED:
2. CLEARANCES: (Comment on back if
necessary)
City Attorney:
EXHIBITS:
1. Resolution #
2. Clerk Report
3. Photos
ENDORSEMENT ~( INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
On May 15, 1997, the City removed garbage and debris from the property located at 1333 Carr
Boulevard, after the owner, Sheri L. Denham, failed to do so as ordered by the building official. The cost
charged to the revolving abatement fund for this action totaled $2072.15. Council must now decide if the
fees are just and reasonable.
RECOMMENDATION:
It is recommended that Council, by Resolution # ,~/J~., order that the fees incurred for the
removal of garbage and debris from the property located at 1333 Carr Boulevard be collected as
reasonable abatement costs and become a personal judgment against the property owner, which if not
collected within 30 days shall become a lien against the property.
9. RESPONSIBLE OFFICIAL: Judy Johnson ~!~'~
ENFORCEMENT OFFICIAL: Judy Johnson/\,.~
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED AMENDED
DATE:
11. AGENDA
2. CLEARANCE COMMENTS:
0
IMPACT OF NON-PASSAGE:
The City would forfeit the costs incurred for this action.
IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
The City's revolving abatement fund would suffer the deficit of not collecting these funds.
RESEARCH SOURCES:
N/A
RESOLUTION
A RESOLUTION reviewing charges for the removal of garbage and debris
from the property at 1333 Carr Boulevard and determining means of
collection.
WHEREAS, the City of Bremerton incurred costs for the removal of garbage and debris from the
property located at 1333 Carr Boulevard, Bremerton and
WI~EREAS, the Bremerton Municipal Code, allows the City to recoup these costs by personal judgment
against the property owner which if not collected within 30 days shall become a lien against the property; and
WliEREAS, the City Council is charged with determining whether the fees are just, and has considered
the report of charges filed by the Building Ol~ficial and any protests or objection filed; now, therefore,
BE IT RESOLVED, by the City Council of the City of Bremerton:
1. That the abatement charges included in the report of the Building Official in the amount of $2,072.15
for the property located at 1333 Cart Boulevard, Bremerton, attached hereto, are just and reasonable.
2. That the City of Bremerton will exercise its fight to recapture abatement fees by pursing a personal
judgment against the property owner, which if not collected within 30 days shall become a lien against the
property.
PASSED, by the City Council of the City of Bremerton this day of ,
19
DAVID FARR
Council President
CITY OF BREMEI~ON · 239 4th Street · Bremerton, WA 98337
Memorandum
DATE:
TO:
FROM:
RE:
CC:
June 3, 1997
Paula Johnston, Deputy City Clerk
Janet Lunceford, BDS II .,~
Public Headngs
Judy Johnson, Dev. Pmts. Mgr.
The Public Works Department removed garbage and debris from the property located at
1333 Can' Boulevard ax~er the owner, Sheri Denham, failed to do so as ordered by the
Building Department. The cost for this action totaled $2,072.15. I have scheduled a
public hearing for Wednesday, July 16, 1997 for Council to decide if the fees are just and
reasonable.
· Celebrating 50 Years of Freedom
28, 1997 10:20 am
City of Bremer~on - Streets
Work Order History
Customer Description
Regular
work Order $ :SD970042
Title :BLAB 1333 Cart clean-up
Status :S
Customer :BLAB Date Targeted: Labor Hours Est:
Work Type :AO Date Entered :05/12/97 Materials Est :
Foreman :225 Date Assigned:05/12/97 Ec~/ipment Est :
Lead Employee:243 Date Started :05/15/97
Priority : Date Finished:05/21/97 Location
0
$0
$0
:N4014280
Overtime
PAGE
Costs
05/15/97 BLAB
o5/16/97 BLAS
0S/21/97 B~
BLAB
BLAB 1333 Carr clean-up
John Corey IV
'90 INT. 10 YARD DUMP TRUCK
Hadley Kentner
'90 INT. 5 YARD DUMP TRUCK
'95 KING 40 TON TRAILER
'94 JD410 BACKHOE
Mark A. Thompson
'90 INT. 5 YARD DUMP TRUCK
Riley Thompson
DUMP FEES FOR 1997
BLAB 1333 Cart clean-up
Michael Bishop
'95 3/4T FORD P/U
Dean Smith
'92 JOH/q DEERE 544E LOADER
Ken Thornton
'90 INT. 5 YARD DUMP TRUCK
DUMP FEES FOR 1997
Dispose of tires
BLAB - 1333 Carr clean-up
Colen Corey
'92 GMC 1-TON P/U
John Corey IV
'90 INT. 10 YARD DUMP TRUCK
DUMP FEES FOR 1997
Dump appliances at Oly.View San. Landfill
Hadley Kentner
'90 INT. 5 YARD DUMP TRUCK
'95 KING 40 TON TRAILER
'94 JD410 BACKHOE
Mark A. Thompson
'93 GMC 1-TON DUMP
4.0 hr
4.0HR
4.0 hr
2.0 HR
2.0 HR
4.0 HR
2.0 hr
2.0 HR
3.0 hr
10.0
6.0 hr
1.0 HR
6.0 hr
4.0 HR
6.5 hr
6.5F~
10.0 YD
30.0 ea
1.0 hr
1.0 HR
2.0 hr
2.0 HR
10.0 YD
2.0 in
2.0 hr
2.0 HR
2.0 HR
2.0HR
2.0 hr
2.0 HR
38.5 hfs
Labor
Benefits
Equipment
Materials
Sales Tax
SU~Y FOR W.O. ~ SD970042
$968.25
$o.0o
$687.50
$416.40
$o.oo
Total $2,072.15
.0 hfs
114.00
104.00
114.00
26.00
18.00
128.00
57.00
26.00
85.50
103.80
42.00
8.00
171.00
108.00
185.25
84.50
103.80
75.00
28.5O
9.00
57.00
52.00
103.80
30.00
57.OO
26.00
18.00
64.00
57.OO
16.00
$2,072.15
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public Hearing
Resolution # ~6,/~ , regarding recovery of fees for
the removal of garbage and debris from the property
located at 3811 - 9th Street.
FOR AGENDA OF: July 16, 1997
ORIGINATING DEPT.: Buildine Dept.
ORIGINATOR: Judy Johnson
DATE SUBMITTED:
2. CLEARANCES: .(Comment on back if
necessary)
ENDORSEMENT ~ INFO/RM/ATION _
3. EXHIBITS:
1. Resolution #
2. Clerk Report
:3. Photos
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
On June 11, 1997, the City removed garbage and debris from the property located at 3811 - 9th
Street, after the owner, LaCruz Foundation, failed to do so as ordered by the building official. The cost
charged to the revolving abatement fund for this action totaled $569.:30. Council must now decide if the
fees are just and reasonable.
RECOMMENDATION:
It is recommended that Council, by Resolution #2/,,/~ , order that the fees incurred for the
removal of garbage and debris from the property located at 3811 - 9th Street be collected as reasonable
abatement costs and become a personal judgment against the property owner, which if not collected
within 30 days shall become a lien against the property. ,~
9. RESPONSIBLE OFFICIAL: Judy Johnson~
ENFORCEMENT OFFICIAL: Judy Johnson ~
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
11. AGENDA BILL NO.: q 7'""/b5
t
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The City would forfeit the costs incurred for this action.
6. IMPACT ON STAFFING~ BIYDGETS~ FACILITIES, EQUIPMENT OR OTI~F~R RESOURCES:
The City's revolving abatement fund would suffer the deficit of not collecting these funds.
7. RESEARCH SOURCES:
N/A
57
RESOLUTION # dOd//~
A RESOLUTION reviewing charges for the removal of garbage and debris
from the property at 3811 - 9th Street and determining means of collection.
WItEREAS, the City of Bremerton incurred costs for the removal of garbage and debris from the
property located at 3811 - 9th Street, Bremerton and
WHEREAS, the Bremerton Municipal Code. allows the City to recoup these costs by personal judgment
against the property owner which if not collected within 30 days shall become a lien against the property; and
WHEREAS, the City Council is charged with determining whether the fees are just, and has considered
the report of charges filed by the Building Official and any protests or objection filed; now, therefore,
BE IT RESOLVED, by the City Council of the City of Bremerton:
1. That the abatemem charges included in the report of the Building Official in the amoum of $569.30
for the property located at 3811 - 9th Street, Bremerton, attached hereto, are just and reasonable.
2. That the City of Bremerton will exercise its right to recapture abatement fees by pursing a personal
judgmem against the property owner, which if not collected within 30 days shall become a lien against the
property.
19
PASSED, by the City Council of the City of Bremerton this
day of
DAVID FARR
Council President
CITY OF BREM~I~K)N * 239 4th Street * Bremerton, WA 98337
Memorandum
DATE:
TO:
FROM:
RE:
CC:
June 20, 1997
PaulaJohnston, Deputy City ,Clerk
Janet Lunceford, BDS II ~
Public Hearing, 3811 - 9th Street
Judy Johnson, Dev. Pmts. Manager
Paula--On June 11, 1997, the Street Department removed garbage and debris fi.om the
property located at 3811 - 9th Street after the owner, LaCruz Foundation, failed to do so
as ordered by the Building Official. The abatement fund was charged $569.30 for the
work (copy ofthe billing attached) and I have scheduled a public heating for July 16, 1997
for Council to determine whether the fees are reasonable.
Celebrating 50 Years of Freedom
~:'Jun-16-97 I I :48A Bremerton PW Operations 36n 478-5360
Mon Jun 16, 1997 11:50 am
City of Bremer~on - Streets
PAGE ~ i
Work Order History
Date Customer Description
Regular Overtime Costs
Work Order # :SD970047
Title :BLAB 3811 9th - Clean up
Status :S
C~stomer :BLJtB Date Targeted: Labor Hours Est:
Work Type :AO Date Entered :06/01/97 Materials Est :
Foreman :225 Date Assigned:06/01/97 Equipment Est :
Lead Employee:243 Date Started :06/11/97
Priority : Date Finished:06/ll/97 Location
0
$0
$0
:N4014280
06111197 BLAB
4290
BID%B 3811 9th - Clean up
Job~ Corey IV
'90 INT. 10 YARD DUMP TRUCK
Matthew Randolph
'95 1-TON CHEVY
Mark A. Thompson
'94 JD410 BACICHOE
Riley Thompson
'91 GMC S-15 4X4 EXT. CAB P/U
DUMP FEES FOR 1997
Dispose of tires
SUiKMARY FOR W.O. ~ SD970047
Labor $249.00
Benefits $0.00
Equipment $189.00
Materials $131.30
Sales Tax $0.00
Total $569.30
Use Tax $0.00
3 0 hr
3 0 HR
3 0 hr
1 0 HR
3 0 hr
3 0 HR
2 0 hr
! 0 HR
10 0 YD
11 0 ea
11.0 hrs
85.50
78.00
21.00
9.00
85.50
96.00
57.00
6.00
103.80
27.50
.0 hrs $569.30
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Public Hearing and
Ordinance No.
Regarding the Grant of a Non-
Exclusive Franchise to TCI
Cablevision of WA
FOR AGENDA OF: 07/16/97
ORIGINATING DEPT: Admin Services
ORIGINATOR: Ka-~--~e~n~ske~
DATE SUBMITTED: 07/08/97
o
CLEARANCES: (comment on back 3.
Public Works Dir.
EXHIBITS:
1)
Ordinance Summary
Ordinance
ENDORSEMENT ~- IN~TION__
~YOR ~ '~.
APPROVED BY COUNCIL PRESIDENT~FOlq SUBMITTAL:
COUNCIL PRESIDENT _~J~e~ ~~_
°
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Culminating 18 months of negotiations, the City and TCI have agreed upon
a franchise ordinance that grants TCI a non-exclusive franchise to
operate a cable system within the City for the next 10 years..
Highlights include: 1) a system upgrade to 75 activated channels with,~
36 months; 2) Public Access Channel support including studio, channel
expansion, a monthly contribution of $1734 and Council Chambers
equipment upgrade; 3) I-Net provisions to include development and future
construction at cost.
°
RECOMMENDATION:
Motion to approve on first reading Ordinance and summary
granting TCI Cablevision of WA a non-exclusive zranchise to operate a
cable system within Bremerton.
Motion to pass on second reading Ordinance # and summary
granting TCI Cablevision of WA a non-exclusive franchise to operate a
cable system within Bremerton.
o
RESPONSIBLE OFFICIAL: Admin Services
ENFORCEMENT OFFICIAL: Admin Services
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
11.
AGENDA BILL NO:
2. CLEARANCE COMMENTS (cont.) :
4. SUMMARY STATEMENT (cont.):
IMPACT ON NON-PASSAGE:
We are on our second yearly extension with the old franchise. TCI is
statutorily entitled to a renewal since they operate a viable cable
system and have negotiated in good faith.
o
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMRNT OR OT~RR RESOURCES
Public Access could lose TCI monthly contribution of $1734.00 without a
new franchise.
7. RESEARCH SOURCES:
Summary of
ORDINANCE NO.
AN ORDINANCE granting a non-exclusive franchise to TCl Cablevision
of Washington, Inc. ("TCI") to operate and maintain a Cable Sytem
throughout the City of Bremerton ("CITY"); setting forth provisions,
terms and conditions of the grant of franchise; providing for City
regulation and use of the Cable System, prescribing penalties for
violation of franchise provisions; and terminating, except as otherwise
provided by this Ordinance, Ordinance No. __
SECTION 1 - DEFINITIONS
Pertinent terms, phrases and words are defined including the following key items:
1.1
1.3
1.5
1.9
1.20
1.21
1.23
Access Channel or PEG Channel
PEG Access Facility
Activated Channel
Bi-directional Capability or Activated Bi-directional Capability
Gross Revenue
Institutional Network
Interconnect or Interconnection
SECTION 2 - FRANCHISE
Describes franchise elements including a 10 year term (to be shortened to 8 years if system
upgrade is not partially completed in 24 months), the non-exclusive grant of this franchise,
franchise renewal (FCC) guidelines, periodic public review of franchise, change of ownership
provisions, revocation criteria, and the City right to purchase the system upon denial of a renewal
with mandatory continuity of service provisions and property removal guidelines.
SECTION 3 - OPERATION IN STREETS AND RIGHTS-OF-WAY
Addresses the requirements that must be met to construct, alter or maintain the cable system
within the City right-of-way including compliance with applicable local permits and regulations,
undergrounding, non-interference and notice procedures, tree trimming, restoration to public and
private property, relocation of facilities in public right-of-way and safety requirements.
SECTION 4 - SYSTEM DESIGN AND CAPACITY
Describes the technical standards, emergency alert capability, and performance standards of the
cable system, as well as outlines the system upgrade to 75 activated analog or digitally
compresssed channels of programming to be completed within 36 months from the effective
date of this Franchise. It also defines the aspect of future interconnection with contiguous cable
systems to enhance PEG access.
SECTION 5 - PROGRAMMING AND SERVICES
Describes categories of programming, the basis for programming decisions, obscenity policy
and parity of service and cable rates with Kitsap County upon completion of the system upgrade.
SECTION 6 - PUBLIC, EDUCATIONAL AND GOVERNMENT USE OF SYSTEM
Defines PEG Access including the retention of Channel 12 as the primary channel of PEG,
additional PEG channels triggered by 1) City's request for first additional channel; 2) formula
based on first run programming hours for second additional channel, financial support of PEG
Access and equipment made up of a subscriber pass-thru fee of $.21 per month and direct
contribution from TCI of $1,734.00 per month and retention of the PEG Access studio at TCI
location as well as City Hall Council Chambers upgrade. Also, criteria for design and
construction of future Institutional Network (I-Net) is developed.
SECTION 7 - REGULATORY PROVISIONS
Spells out City's authority to administer and enforce the provisions of this franchise including rate
regulation, franchise fee disbursement, planning and coordinating cable service development
throughout the City specifically relating to PEG Access and I-Net. Also, remedies for franchise
violations are discussed.
SECTION 8 - REPORTING REQUIREMENT
Outlines the monthly, quarterly and annual reporting requirement of TCI with the recognition that
the City will honor confidentiality to the maximum extent of State law.
SECTION 9 - CUSTOMER SERVICE POLICIES
Declares TCI's responsibility for effective customer response regarding service and repair
requests, refund policy, termination charges and equipment return, customer service agreement
and manual.
SECTION 10 - LINE EXTENSION POLICY
Defines standard installation criteria for new subscribers in the City, isolated areas where the
cable connection is over 125 feet away and annexed areas.
SECTION 11 - COMPENSATION AND FINANCIAL PROVISIONS
Franchise fees and taxes are capped at an aggregate of 7% for the term of the Franchise.
Books and records are subject to City review. Construction and Performance Bonds are required
as well as indemnification by TCI holding City harmless arising out of the operation and
construction of the cable system. Comprehensive general liability insurance coverage in the
annual aggregate of $5,000,000 is required.
SECTION 12- MISCELLANEOUS PROVISION
Several areas of Franchise elements and governing laws and venues are discussed.
APPROVED by the City Council on , ~ and PASSED on
The full text of this ordinance will be mailed to interested persons upon request.
BREMERTON CABLE FRANCHISE
TCI
DRAFT, JUNE 23, 1997
TABLE OF CONTENTS
ORDINANCE NO.
EFFECTIVE DATE:
1. SECTION 1 - DEFINITIONS .............................................. 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
"ACCESS CHANNEL" OR "PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS
(PEG) CHANNEL" ..................................................
"ACCESS SERVICES" OR "PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS
(PEG) CHANNEL" .................................................. 2
"PEG ACCESS FACILITIES" .......................................... 2
"AccEss RESOURCES" .............................................. 2
"ACTIVATED CHANNELS" ............................................ 2
"ADDRESSABILITY' ................................................ 2
"AFFILIATE" ...................................................... 2
"BASIC SERVICE" OR "BASIC CABLE SERVICE" .......................... 2
"BI-DIRECTIONAL CAPABILITY" ...................................... 2
"CABLE ACT" ..................................................... 2
"CABLE SYSTEM" .................................................. 3
"CABLE SERVICE" ................................................. 3
"~L' ...................................................... 3
"CITY" ..........................................................
"EXPANDED BASIC SERVICE" ......................................... 3
"FRANCHISE" ..................................................... 3
"FRANCHISE AREA" ................................................ 3
"FRANCHISE FEE" .................................................. 3
"GROSS RECEIPTS" ................................................. 3
"GROSS REVENUES" ................................................ 3
"INSTYFI~IONAL NETWORK" ......................................... 4
"iNTERACTIVE SERVICES" ........................................... 4
"INTERCONNECT OR INTERCONNECTION" ............................... 4
"LEASED ACCESS" ................................................. 5
"PAY SERVICE OR PREMIUM SERVICE" ................................. 5
"PERSON" ........................................................ 5
"PUBLIC FACILITY" ................................................ 5
"SCHOOL" ........................................................ 5
"SUBSCRIBER" .................................................... 5
"STREET" ........................................................ 5
"TCI" ........................................................... 5
2. SECTION 2 - FRANCHISE ...............................................
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
GRANT OF FRANCHISE ..............................................
FRANCmSE TERM .................................................. 6
FRANCHISE NON-EXCLUSIVE .........................................
NEW FRANCHISE ................................................... 7
FRANCHISE RENEWAL .............................................. 7
PERIODIC PUBLIC REVIEW OF FRANCHISE ............................... 7
TRANSFER OF OWNERSHIP ........................................... 7
CHA~E IN COrCrROL ............................................... 8
REVOCATION .....................................................
RECEIVERSmP ................................................... 10
EXPmAT~ON ..................................................... 11
RIGHT TO PURCHASE THE SYSTEM .................................... 11
RIGHT TO REQUIRE REMOVAL OF PROPERTY ........................... 12
CONTINUITY OF SERVICE MANDATORY ................................ 1
SURVIVAL OF TERMS .............................................. 14
COSTS OF lqItANCHISE COMPLIANCE .................................. 14
3. SECTION 3 - OPERATION IN STREETS AND RIGHTS-OF-WAY ............. 14
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
USE OF STREETS .................................................. 14
CONSTRUCTION OR ALTERATION ..................................... 14
NON-INTERFERENCE ............................................... 14
CONSISTENCY WITH DESIGNATED USE ................................ 1 $
UNDERGROUNOiNG ................................................ 15
RESTORATION .................................................... 16
TREE TRIMMING ................................................. 17
RELOCATION ..................................................... 17
MOVEMENT O~ BUILDINGS .......................................... 18
SAFETY REQUIREMENTS ............................................ 18
TRAFFIC CONTROL ................................................ 18
4. SECTION 4 - SYSTEM DESIGN AND CAPACITY .......................... 18
4.1 Av~n,~BiLrrY OF SIGNALS AND EQUIPMENT ............................ 18
4.2 EQUAL AND UNIFORM SERVICE ...................................... 19
4.3 SYSTEM CHANNEL CAPACITY UPGRADE ............................... 19
4.4 TECHNICAL STANDARDS ............................................ 22
4.5 PERFORMANCE TESTING ........................................... 23
4.6 INTERCONNECTION ................................................ 24
4.7 VmTUAL HEADEND ................................................ 26
$. SECTION S - PROGRAMMING AND SERVICES ........................... 26
~.1 CATEGORIES OF PROGRAMMING ..................................... 126
5.2 CHANGES IN VIDEO PROGRAM1VIING .................................. 26
5.3 BASIS FOR PROGRAMMING DECISIONS ................................. 27
5.4 OBSCENITY ...................................................... 27
5.5 PARITY OF SERVICE AND RATES ...................................... 27
SECTION 6 - PUBLIC, EDUCATIONAL AND GOVERNMENT USE OF SYSTEM 27
6.1 PEG AccEss ..................................................... 27
6.2 INSTrrtrrIONAL NETWORK .......................................... 30
7. SECTION 7 - REGULATORY PROVISIONS ............................... 31
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
DELEGATION OF AUTHORITY TO REGULATE ............................ 32
AREAS OF ADMINISTRATIVE AUTHORITY ............................... 32
REGULATION OF RATES AND CHARGES ................................ 32
RE1VIEDIES FOR ].~"RANCHISE VIOLATIONS ............................... 33
PROCEDURE FOR REMEDYING FRANCHISE VIOLATIONS ................... 33
ENFORCEMENT ................................................... 34
FAILURE TO ENFORCE ............................................. 34
FORCE MAJEURE ................................................. 34
ALTERNATIVE REMEDIES ........................................... 34
COMPLIANCE WITH THE LAW ........................................ 35
8. SECTION $ - REPORTING REQUIREMENTS .............................. 35
8.1 MONTHLY AND QUARTERLY REPORTS ................................. 35
8.2 ANNUAL REPORT ................................................. 36
8.3 MONITORING AND COMPLIANCE REPORTS ............................. 37
8.4 ADDITIONAL REPORTS ............................................. 37
8.5 COMMUNICATIONS WITH REGULATORY AGENCIES ....................... 37
8.6 PRESERVATION OF CONFIDENTIAL INFORMATION ........................ 37
9. SECTION 9 - CUSTOMER SERVICE POLICIES ............................ 38
9.1 RESPONSE TO CUSTOMERS AND COOPERATION WITH CITY ................. 38
9.2 COMPLIANCE WITH FCC STANDARDS ................................. 38
9.3 FAILURE TO IMPROVE CUSTOMER SERVICE ............................ 38
9.4 REFUNDS FOR OUTAGES ............................................ 38
9.5 TERMINATION OF SUBSCRIBER SERVICE ............................... 38
9.6 DEFINITION OF "COMPLAINT" ....................................... 38
9.7 CUSTOMER SERVICE AGREEMENT AND MANUAL ........................ 39
10. SECTION 10 - LINE EXTENSION POLICY ............................. 39
10.1
10.2
10.3
STANDARD INSTALLATION .......................................... 39
ISOLATED AREAS ................................................. 40
ANNEXED AREAS .................................................. 40
11. SECTION 11 - COMPENSATION AND FINANCIAL PROVISIONS ......... 40
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
11.9
FR~.NCmSE FEES .................................................. 40
OPEN BOOKS AND RECORDS ......................................... 41
CONSTRUCTION PERFORMANCE BOND ................................. 42
FRANCHISE PERFORMANCE BOND .................................... 42
RECOURSE AGAINST BONDS AND OTHER SECUmTI~S ..................... 42
INDEMNIFICATION BY TCI .......................................... 43
TCI INSURANCE .................................................. 44
TAXES .......................................................... 44
~"RANCHISING COSTS .............................................. 44
12. SECTION 12 - MISCELLANEOUS PROVISIONS ........................ 45
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
12.9
12.10
12.11
12.12
12.13
12.14
12.15
POSTING AND PUBLICATION ......................................... 45
GUARANTEE or PERFORMANCE ...................................... 45
GOV~RNm(; LAW ANO VENUE ....................................... 45
SEPARABILITY ................................................... 45
CONSENT ........................................................ 45
ORDINANCES TERMINATED ......................................... 45
No TH~RI) PARTY BENEF~CIARmS .................................... 45
FRANCHISE ORDINANCE ACCEPTANCE ................................ 45
INDEPENDENT CONTRACTORS ....................................... 46
ENTIRE AGREEMENT .............................................. 46
SUCCESSORS AND ASSIGNS .......................................... 46
NOTICE ......................................................... 46
EFFECTIVE DATE ................................................. 47
APPLICATION I~EE ................................................ 47
TCI RESPONSIBILITY FOR COMPLIANCE DOCUMENTATION ................ 47
APPENDIX A ............................................................ 48
APPENDIX B ............................................................ 49
APPENDIX C ............................................................ $0
TCI CABLE FRANCHISE
DR~T, June 23, 1997
ORDINANCE NO.
AN ORDINANCE granting a non-exclusive franchise to TCI Cablevision of Washington, Inc.
CTCI") to operate and maintain a Cable System throughout the City of Bremerton ("CITY");
setting forth provisions, terms and conditions of the grant of franchise; providing for City
regulation and use of the Cable System; prescribing penalties for violation of franchise provisions;
and terminating except as otherwise provided by this Ordinance, Ordinance No.
BE IT ORDAINED BY the City of Bremerton that a Franchise is hereby granted to TCI
Cablevision of Washington, Inc., to operate and maintain a Cable System in the City of Bremerton
upon the following express terms and conditions:
1. SECTION 1 - DEFINITIONS
For the purposes of this Franchise, and without affecting any purpose outside this Franchise, the
following terms, phrases, words, and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense include the future, words in the
plural number include the singular number, words in the singular number include the plural
number, and the use of any gender shall be applicable to all genders whenever the sense requires.
The words "shall" and "will" are mandatory and the word "may" is permissive. Where a term in
the Franchise is not defined in this Section and there is a definition for the term in the Cable
Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection
and Competition Act of 1992 and the Telecommunications Act of 1996 (hereinat~er, collectively,
the "Cable Act"), or in the Telecommunications Act of 1996, the Cable Act or
Telecommunications Act definition shall apply. Other terms in the Franchise which are not
defined in this Section shall be given their common and ordinary meaning.
1.1
"AccEss CHANNEL" OR "PUBLIC, EBUCATION,~L OR GOVERNMENT ACCESS (PEG)
CHANNEL"
Any Channel or portion of a Channel utilized for non-commercial programming, where
any individual or organization may be a programmer, without charge by TCI, on a non-
discriminatory basis.
A. "Educational Access Channel" means any Channel or portion ora Channel available
for educational programming by individuals or institutions.
B. "Government Access Channel" means any Channel or portion of a Channel available
for programming by government agencies.
"Public Access Channel" means any Channel or portion of a Channel where any
member of the general public may be a programmer on a nondiscriminatory basis,
subject to operating rules formulated by the City or its designee. Such rules shall not
be designed to control the content of public access programming. Such rules shaH also
address the extent to which and manner in which members of the general public who
are not residents of the City of Bremerton may be programmers on the Public Access
Channel.
4 Page I
TCI C~L~ F~UqCI-nSE
Dio. Fr, June 23, 1997
1.2
"AccEsS SERVICES OR "]~tYBLIC, EDUCATIONAL OR GOVERNMENT ACCESS (PEG)
CHANNEL"
Programming provided on any Public, Educational or Government (PEG) Access
Services.
1.3
"PEG ACCESS FACILITIES"
Channel capacity designated for public, education, or governmental use; and facilities, and
equipment such as modulators, demodulators and transmitters for the use of such Channel
capacity.
1.4
"ACCESS RESOURCES"
All capital and operating support and other fumacial means by which PEG access is
exercised.
1.5
"ACTIVATED CHANNELS"
Those channels engineered at the headend of a cable system for the provision of services
generally available to residential subscribers of the cable system, regardless of whether
such services actually are provided, including any channel designated for public,
educational, or governmental use;
1.6
"ADDRESSABILITY'
The ability of a Cable System to allow TCI to authorize through remote control customer
terminals to receive, change or to cancel any or all specified programming without visiting
customers premises.
1.7
"AFFILIATE"
The term "affiliate", when used in relation to any person, means another person who owns
or controls, is owned or controlled by, or is under common ownership or control with,
such person;
1.8
"BASIC SERVICE" OR "BASIC CABLE SERVICE"
Any tier of service regularly provided to all Subscribers. It includes, but is not specifically
limited to, the retransmission of local broadcast television signals and the cablecasting of
Public, Educational, or Governmental (PEG) Access Channels.
1.9
"BI-DIRECTIONAL CAPABILITY" AND "ACTIVATED BI-DIRECTIONAL CAPABILITY"
The ability of the System to transmit video signals for Cable Services in both upstream and
downstream dkections between the System headend and each subscriber location without
the installation of any major System components other than headend equipment, return
modules and user equipment at Subscriber locations. "Activated Bi-directional
Capability" means the ability of the System to provide Cable Services requiring Bi-
Directional Capability without the installation of any major System components other than
user equipment at subscriber locations.
1.10 "CABLE ACT"
f. ~,~a,taoc 75 Page 2
TCI CABLE FRANCHISE
DRAFT, June 23, 1997
1.11
Collectively the federal Cable Communications Policy Act of 1984 (Public Law
No. 98-549,47 USC 521 (Supp.) and the Cable Television Consumer Protection and
Competition Act of 1992, (Public Law No. 102-385) as may be amended fi.om time to
time, or superseded in the future.
"CABLE SYSTEM"
The meaning specified for "Cable System" in the Cable Act. Unless otherwise specified it
shall in this document refer to the Cable System constructed and operated in the City
under this Franchise.
1.12
1.13
1.14
1.15
"CABLE SERVICE"
The same meaning specified for "Cable Service" in the Cable Act as amended.
"CHANNEL"
A portion of the electromagnetic fi.equency spectrum which is used in a Cable System and
which is capable of delivering a television Channel (as television Channel is defined by the
Commission by regulation).
The City of Bremerton of the State of Washington and all incorporated territory within its
present and future boundaries.
"EXPANDED BASIC SERVICE"
Optional services not included in the Basic Service and excluding premium or pay-per-
view services.
1.16
1.17
1.18
1.19
1.20
"FRANCHISE"
The fight granted by this Ordinance and conditioned as set forth herein by which the City
authorizes TCI to erect, construct, reconstruct, operate, dismantle, test, use and maintain
a Cable System in the City.
"FRANCHISE AREA"
That area within the present and future corporate limits of the City.
"FRANCHISE FEE"
The fee assessed by the City to TCI, in consideration of TCI's right to operate the Cable
System within the City's streets and rights of way, determined in amount as a percentage
of TCI's gross revenues and limited to the maximum percentage allowed for such
assessment by federal law. The term Franchise Fee does not include any tax, fee, or
assessment of general applicability.
"GROSS RECEIPTS"
Gross Revenues less bad debt.
"GROSS REVENUES"
Page3
TCI CABLE FR~NCHBE
DRAF'r, June 23, 1997
1.21
1.22
1.23
For the purpose of providing a basis for the determination of Franchise Fees, but without
prejudice to any other purpose including without limitation the purpose of determining the
basis for City business or utility taxes, "Gross Revenues shall have the following meaning.
All amounts earned by TCI, any Affiliate of TCI, or any entity that constitutes a "cable
operator" under the Cable Act definition, in whatever form and bom all sources, derived
from the operation of TCI's Cable System to provide Cable Service within the franchise
area. "Gross Revenues" shall include, without limitation, amounts for: all Cable Services,
e.g., basic service, expanded basic service, premium services, online services provided
over the cable system containing programming content provided by TCI (unless
determined by the FCC not to be a Cable Service); advertising, commissions on sales of
goods or services by third parties utilizing the Cable System to provide Cable Service in
the Franchise Area (e.g., home shopping networks), installations, leasing, renting or selling
of system equipment or leasing of capacity to provide Cable Service within the Franchise
Area, and all other revenues derived from the operation of TCI's Cable System to provide
Cable Service within the Franchise Area, regardless of whether initially recorded to
another entity and however characterized.
Any sales, exdse or other taxes or fees levied directly upon subscribers by a local, state or
federal government and collected by TCI for direct pass-through to such government shall
not be included in Gross Revenues.
Subject to the limits and restrictions of federal and state law, copyright fees paid by TCI
shall be included in gross revenues. However, Franchise Fees paid by TCI shall not be
included in Gross Revenues, except as allowed under federal and state law and regulation.
Gross Revenues shall not be double counted. Revenues of both TCI and an Affiliate that
represent a transfer of funds between TCI and the Affiliate, and that would otherwise
constitute Gross Revenues of both TCI and the Affiliate, shall be counted only once for
purposes of determining Gross Revenues.
"INSTITUTIONAL NETWORK"
A communications network, which may include part of the Cable System,
designed principally for the provision of non-entertainment, one-way and
interactive services, not generally available to residential subscribers, but rather to
schools, public agencies or other City-designated non-profit agencies for use in
connection with the ongoing operations of such institutions.
"INTERACTIVE SERVICES"
Those services provided to subscribers whereby the subscriber has the ability to both
receive 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.
"INTERCONNECT" OR "INTERCONNECTION"
f..~t~o,~doc 7 7 Page4
TCI CABLE FRANCHISE
DRAFt, June 23, 1997
1.24
1.25
1.26
The physical linking of the Cable System with another cable system, programming source,
or other communications system, to provide a sharing of programming between the Cable
System and such other entity.
"LEASED ACCESS"
The use of Channel capacity designated for commercial use by persons unaffiliated with
TCI in accordance with Section 612 of the Cable Act.
"PAY SERVICE" OR "PREMIUM SERVICE"
Programming choices (such as movie channels or pay-per-view programs) offered
individually to subscribers on a per-channel, per-program or per-event basis.
"I~ERSON'
Any individual, corporation, partnership, association, joint venture or organization of any
kind and the lawful trustee, successor, assignee, transferee or personal representative
thereof.
1.27
1.28
"PUBLIC FACILITY"
Any facility owned, operated or under the control of any city, county, state or federal
government agency, public agency, public or private school or city-designated non-profit
agency.
"SCHOOL"
Accredited public, private, or non-profit primary and secondary schools, colleges and
universities.
1.29
"SUBSCRIBER"
Any Person who legally received any one or more of the Cable Services provided by the
Cable System.
1.30
"STREET"
The surface of and the space above and below the right of way of any public street, road,
highway, freeway, easement, lane, path, alley, court, sidewalk, parkway, or driveway now
or herea~er existing as such within all incorporated areas of the City.
1.31
TCI Cablevision of Washington, Inc., a Washington corporation, and its agents,
successors and assignees.
2. SECTION 2 - FRANCHISE
2.1
GRANT OF FRANCHISE
The City hereby grants to TCI Cablevision of Washington, Inc., a non-exclusive Franchise
which authorizes TCI, subject to the terms of this Ordinance, to construct and operate a
Cable System and offer Cable Service and Institutional Network services in, along, among,
upon, across, above, over, under, or in any matter connected with the streets located in
Pages
TCI CABLE FRAnCHiSE
DRAFT, June 23, 1997
the City and for that purpose to erect, install, construct, repair, replace, reconstruct,
maintain, or retain in, on, over, under, upon, across or along any street or extensions
thereof and additions thereto, such poles, wires, cables, conductors, ducts, conduits,
vaults, utility access covers, pedestals, amplifiers, appliances, attachments, and other
related property or equipment as may be necessary or appurtenant to the cable system.
Said Franchise shall constitute both a fight and an obligation to provide the services of
Cable System as required by the provisions of this Ordinance.
2.2
FRANCHISE TERM
The term of the Franchise shall be ten (10) years fi.om its effective date. However, ifTCI
has not upgraded the capacity of its Cable System so that at least 75 video analog or
digitally compressed channels are available on the System to either 50% of the Subscribers
within the entire Franchise area, or to all the Subscribers within 50% of the Franchise
Area, within 24 months following the effective date of the Franchise, then the franchise
term shall be shortened by 2 years to a total of 8 years from its effective date. The
Franchise may also be extended by the City at its sole discretion, or terminated sooner in
accordance with this Ordinance.
2.3
FRANCHISE NON-EXCLUSIVE
The Franchise granted herein shall be non-exclusive. The City specifically reserves the
right to grant, at any time, such additional franchises for a Cable System as it deems
appropriate provided, however, such additional grants shall not operate to mater/ally
modify, revoke, or terminate any rights previously granted to TCI. The grant of any
additional franchise shall not of itself be deemed to constitute a modification, revocation,
or termination of rights previously granted to TCI.
In addition, the following requirements shall apply:
If the City issues a franchise to a Person to enter upon the streets and public rights of
way for the purpose of operating a Cable System to provide Cable Service to any part
of the Franchise Area, the City shall ensure that, considering all the circumstances,
including any limitations on its regulatory authority, no franchisee shall be
discriminated against nor be granted an unfair competitive advantage over another,
and that all parties are provided equal protection under the law; providing, however,
that the City shall not be prohibited fi.om granting any franchise containing
requirements greater than those of this Franchise.
B. In the event there is a challenge to the City's decision to issue,
or not to issue, a franchise that may be subject to the preceding paragraph,
and if the City's decision is determined to be correct with evidence, testimony, or by
the final judicial body reviewing it, then TCI shall indemnify the City, its officials,
commissions, commissioners, agents and employees and hold them harmless against
any claims, suits, causes of action, proceedings and judgements, whether for damages
or equitable relief, and shall pay the City's costs incurred in defending against the
f..'br, c~v~ar, doc
Page 6
TCI CABLE FP.A~CI-IBE
Dto, Yr, June 23, 1997
C0
TCI agrees that its sole remedy under this provision, other than testimony before the
City Council, is to seek injunctive relief to prevent the issuance of a franchise which
would violate the first paragraph.
D. No provisions of this section shall be enforceable unless all are enforceable.
2.4
NEW FRANCHISE
The City may establish appropriate requirements for new franchises or franchise renewals
so long as they are in accordance with federal, state and local law.
2.5
I~ICHISE RENEWAL
The City and TCI agree that any proceedings undertaken by the City that relate to the
renewal of TCI's Franchise shall be governed by and comply with the provisions of
Section 626 of the Cable Act, as amended, unless the procedures and substantive
protections set forth therein shall be deemed to be preempted and superseded by the
provisions of any subsequent provision of federal or state law.
In addition to the procedures set forth in said Section 626(a), the City agrees to notify TCI
of all of its assessments regarding the identity of future cable-related community needs and
interests, as well as the qualifications and past performance of TCI under the then current
Franchise term, The City further agrees that such a preliminary assessment shall be
provided to TCI promptly so that TCI has adequate time to submit a proposal under
Section 626Co) of the Cable Act and complete renewal of the Franchise prior to expiration
of its term. Notwithstanding anything to the contrary set forth in this Section, TCI and the
City agree that at any time during the term of the current Franchise, while affording the
public appropriate notice and opportunity to comment, the City and TCI may agree to
undertake and finalize informal negotiations regarding renewal thereof. TCI 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.
2.6
PERIODIC PUBLIC REVIEW OF FRANCHISE
At such times as it deems appropriate, but no more often than annually, with no
expectations regarding extension of franchise, the City may conduct a public review of the
Franchise. The purpose of any such review shall be to ensure, with the benefit of full
opportunity for public comment, that the Franchise continues to effectively serve the
public in the light of new developments in cable law and regulation, cable technology,
cable company performance, local regulatory environment, community needs and interests,
and other such factors. Both the City and TCI agree to make a full and good faith effort
to participate in the review.
2.7
TRANSFER OF OWNERSHIP
This Franchise shall not be sold, leased, mortgaged, assigned or otherwise transferred, nor
shall any of the rights or privileges herein granted or authorized be leased, assigned,
mortgaged, sold or transferred, either in whole or in part, nor shall title hereto, either legal
or equitable, or any right, interest or property herein, pass to or vest in any person, except
TCI or any entity controlling, controlled by, or under common control with TCI, either by
Page 7
TCI CABLE F~CH~SE
D~r, June 23, 1997
act of TCI or by operation of law, without the prior consent of the City, expressed in
writing. The granting of such prior consent in one instance shall not render unnecessary
any subsequent prior consent in another instance. Any transfer of ownership shall make
the Franchise subject to revocation unless and until the City shall have given written prior
consent thereto.
If TCI wishes to transfer this franchise, TCI and City shall proceed pursuant to Section
617 of the Cable Act and related rule makings of the FCC. TCI shall give City written
notice of the proposed transfer, and shall request consent of the transfer by the City. For
the purposes of determining whether it will consent to such transfer, City may inquire into
the qualifications of the prospective transferee to perform the obligations of TCI under
this Franchise agreement. TCI shall assist City in any such inquiry, and shall provide all
information requested in writing by the City that is reasonably necessary to determine the
legal, financial and technical qualifications of the proposed transferee in order to determine
whether it will consent to the proposed transfer. All costs associated with the City's
review process, including but not limited to legal and consulting costs, shall be reimbursed
to the City by TCI.
In cases where the City finds it inappropriate to give unconditional consent to the
proposed transfer, the City may offer its consent upon such terms and conditions as it
deems appropriate, related to the qualifications of the prospective transferee to perform
the obligations of TCI under this franchise. Consent to the transfer shall not be
unreasonably withheld. Any transfer of ownership effected without the written consent of
the City shall render this franchise subject to revocation. The City shall have 120 days to
act upon any request for approval of a transfer that contains or is accompanied by such
information as is required in accordance with FCC regulations and by the City. If the City
fails to render a final decision on the request within said 120 days, the request shall be
deemed granted unless TCI and the City agree to an extension of time.
TCI, upon any transfer as heretofore described, shall within sixty (60) days thereafter file
with the City a copy of the deed, agreement, mortgage, lease, or other written instrument
evidencing such sale, lease, mortgage, assignment or transfer, certified and sworn to as
correct by TCI. Every such transfer as heretofore described, whether voluntary or
involuntary, shall be deemed void and of no effect unless TCI shall within sixty (60) days
at, er the same shall have been made, file such certified copy as is required.
The requirements of this Section shall not be deemed to prohibit the use of TCI's property
as collateral for security in financing the construction or acquisition of all or part of the
Cable System franchised hereunder. However, such financing shall be subject to the
provisions of this Franchise.
2.8
f: ~,~ra~ do~
CHANGE IN CONTROL
TC! shall promptly notify the City through the City Council of any proposed change in,
transfer of, or acquisition by any other party of control of TCI. If ownership of thirty
(30) percent or more of the voting stock of TCI, or &any parent company of TCI
directly or indirectly controlling or managing TCI, or of any entity now owning or later
7( Page8
TCI C,~BL~ FI~.~CH~SE
DI~T, June 23, 1997
2.9
acquiring such a beneficial interest is acquired by a single entity or by several entities
under common control, and if such entity or agent of common control is other than an
organization a) whose primary business is cable system operation, and b) is more than 50
percent owned by TCI or a parent of TCI, then a change in control will be deemed to have
taken place unless the City, upon request of TCI, finds otherwise. Such change in control
shall make this Franchise subject to revocation unless and until the City shall have given
written consent thereto. For the purpose of determining whether it will consent to such
change, transfer, or acquisition of control, the City may inquire into the qualifications of
the prospective controlling party to perform the obligations of TCI under this Franchise.
TCI shall assist the City in any such inquiry. The City may condition its consent upon
such terms and conditions as it deems appropriate. Consent to the transfer shall not be
unreasonably withheld.
REVOCATION
In addition to any fights set out elsewhere in this document, the City reserves the right,
without prejudice to the requirements of Section 2.14, to declare a forfeiture or otherwise
revoke the Franchise, and all rights and privileges pertaining thereto, in the event that:
TCI is in substantial non-compliance with any material provision of the Franchise and
fails to correct the violation after written notice of the violation and proposed
forfeiture and a reasonable opportunity thereafter to correct the violation as noted in
Section 7.6, Procedure for Remedying Franchise Violations; or
Bo
TCI's completion of the channel capacity upgrade as required by Section 4.3 is delayed
for more than 12 months from the completion date identified in the construction
schedule approved by the City; or
C. TCI or any parent company becomes insolvent, unable or unwilling to pay its debts as
they become due, or is adjudged a bankrupt; or
D. TCI fails to obtain and maintain any permit required by any federal or state regulatory
body, relating to the construction, maintenance and operation of the system; or
to
At any time during the term of the Franchise, as it may be extended from time to time
pursuant to this Ordinance, TCI fails to provide and maintain a Construction Bond and
Performance Bond as required under Sections 11.3 and 11.4 and of this Ordinance; or
Fo
TCI practices or attempts to practice any fraud or deceit upon cable subscribers or
upon the City, whether during the term &the Franchise or in any proposal,
application, or negotiations relating to the Franchise; or
G. TCI fails to restore service after ten (10) consecutive days of interrupted service,
except when approval of' such interruption is obtained from the City; or
H. TCI engages in a continuous and willful pattern of grossly inadequate service and fails
to respond to legitimate subscriber complaints.
f..~v~a,~,~c ~c~ Page9
TCI CABLE FP.a~cms~.
DP. AFT, June 23, 1997
2.10
Upon the occurrence of one of the events set out above, following thirty (30) days written
notice to TCI of the occurrence and the proposed forfeiture and the completion of the
procedures described in Section 7.6, the City may then commence an administrative
proceeding in accordance with this Section to consider termination of the Franchise.
The City and TCI shall attempt to jointly select a third party to conduct the
administrative hearing. If the parties are unable to agree upon a single hearing officer,
each may select one officer and the two officers so selected shall select a third officer.
In any proceeding under this section, TCI shall be afforded adequate notice and TCI
and the City shall be provided a fair opportunity for full participation, including the
right to be represented by legal counsel, to introduce relevant evidence, to require the
production of evidence, to compel the testimony of other persons such as officials,
agents, employees or consultants as permitted by law and to question witnesses. A
complete transcript shall be made of such proceeding.
Upon the completion of the proceeding described above, the administrative hearing
officer(s) shall issue a written decision setting forth the reasons for such a decision and
shall transmit a copy of the decision to the City and TCI. After a public hearing at
which the public and TCI may participate, the City Council may then accept, reject or
modify the decision of the administrative hearing officer(s) and shall issue a written
statement setting forth the reasons for its actions. TCI shall be bound by the City's
decision, unless it appeals the decision within sixty (60) days of the date it is issued.
IfTCI is adversely affected by the decision of the City, it may appeal the action in any
court of competent jurisdiction. For purposes of that action, the parties stipulate that
the record of the administrative hearing and the decisions of the administrative heating
officer(s) and the City shall constitute the entire factual record.
5. TCI shall be entitled to such relief as the court deems appropriate.
The City may, at its sole discretion, take any lawful action which it deems appropriate
to enforce the City's rights under the Franchise in lieu of revocation of the Franchise.
Nothing contained in this Section shall prevent the issuance ora new franchise
containing terms substantially the same or identical to a franchise which previously
was revoked, upon satisfactory assurances made to the City Council that the terms and
conditions of this Franchise can be met by a new franchisee. Nothing in this Section
shall mitigate TCI's obligation to provide continuity of service, as provided for in
Section 2.14
The City shall have the right, subject to Federal law, to declare a forfeiture or otherwise
revoke the Franchise one hundred and eighty (180) days after the appointment of a
receiver, or trustee, to take over and conduct the business of TCI, whether in receivership,
reorgavi?_a_tion, bankruptcy, or other action or proceeding, unless such receivership or
f.'lre, cw~a,t doc
Page I0
TCI CABLE FKANCHBE
DRAFT, June 23, 1997
2.11
2.12
trusteeship shall have vacated prior to expiration of said one hundred and eighty (180)
days, or unless:
Ao
Within one hundred and eighty (180) days after his election or appointment, such
receiver or trustee shall have been approved by the City and shall fully have complied
with all the provisions of this Franchise and remedied all defaults thereunder; and,
Bo
Such receiver or trustee, within said one hundred and eighty (180) days, shall have
executed an agreement, duly approved by the City, as well as the court having
jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be
bound by each and every provision of this Franchise.
~IRATION
Upon expiration of the Franchise, the City shall have the right, at its own election subject
to Section 626 of the Cable Act, to:
A. Renew the Franchise, in accordance with applicable law;
B. Invite additional fi'anchise applications or proposals;
C. Take such other action as the City deems appropriate.
RIGHT TO PURCHASE THE SYSTEM
A. Ifa renewal or extension of the Franchise is denied, or the Franchise is lawfully
terminated, and the City Council has so ordered by ordinance, TCI shall continue its
operations for a period of 270 days atter either the effective date of such ordinance or
expiration of the initial or extended term of the Franchise, whichever date is later,
unless the ordinance in either case orders termination by TCI of its operations at an
earlier time. During this period, TCI shah not transfer any portion of its Cable System
to any other Person, including parts of the System rented, leased, or lease-purchased
without prior written consent of the City. Within 30 days of the order by the City to
continue operations, TCI shah tender to the City an inventory of its system used in the
operations under this Franchise. After receiving the inventory, the City may notify
TCI that it desires to acquire by purchase all or a portion of the System used by TCI in
its operation, exclusive of parts of the System essential to TCrs operation of parts of
the System, or of other systems, not acquired. Such notice shall be by ordinance or
other appropriate writing of the City and shah state a date upon which TCI shah cease
its operations and receive payment as described below. Under this Section, if a
Franchise renewal is denied, the City shall have an option to acquire TCI's System at
fair market value, determined on the basis of the Cable System valued as a going
concern but with no value allocated to the Franchise itself. If the Franchise is revoked
for cause, the City shah have an option to acquire TCI's System at an equitable price.
The fair market value or the equitable price of the Cable System for purposes of this
Subsection shall be determined by mutual agreement between the City and TCI. If
such mutual agreement is not reached, then the City may demand that such valuation
Page 11
TCI CABLE Fm~.NCmSE
DelFT, June 23, 1997
be determined by an appraisal committee, as provided in Subsection (B) below. The
appraisers selected for this committee shall be knowledgeable in valuation of Cable
Systems.
During any period of continued operation under this Section, except for the use of
TCI's property as collateral for security in financing the construction or acquisition of
all or part of the Cable System, TCI shall not sell, assign, transfer, or lease to any
other Person, firm or corporation, any portion of the System used by it in its
operations without the prior written consent of the City.
Appraisal as provided in Subsection (A) of this Section shall be final and binding upon
both parties, subject to: (1) the City's fight within 60 days of determination of
valuation to decide by appropriate ordinance or other writing not to acquire all or any
part of the System subject to the valuation proceeding; and (2) the City's right to
decide to acquire through the sale of bonds, but subject to and conditioned upon any
necessary voter approval of the bond funding for acquisition of all or a part of the
System and, if applicable, the successful sale of the bonds. The City may choose to
employ appraisal by appropriate ordinance or other writing of its governing body. In
the ordinance or other writing the governing body shall appoint one appraiser, and
TCI, by written notice, shall appoint one appraiser within fifteen (15) days after
passage of such ordinance or other writing. The two so appointed shall select a third
appraiser within fffieen (15) days after the appointment of the second appraiser. 'The
appraisers shall make a written report to the City and TCI of their determination of the
value of the System, or relevant part thereof, within ninety (90) days after the
appointment of the third appraiser. The determination ofa rnajodty of the appraisers
shall constitute the appraisal determination hereunder. The City and TCI shall pay the
cost of their chosen appraiser and the cost of the third appraiser shall be divided
equally between the City and TCI.
In the event the City purchases, acquires, takes over, or holds all or parts of the
System pursuant to Subsection (A) above, the City shall have the right without
limitation to assign, sell, lease, or otherwise transfer its interest in all or parts of the
System to any other persons, including any other Grantee ora cable communications
franchise, on whatever terms the City deems appropriate.
In the event a franchise renewal is denied or terminated for cause as set forth in
Section 2.9 of this Franchise, and the City does not exercise the option to purchase the
System, the City must allow TCI to effect transfer to another purchaser consistent
with the transfer provisions of this Franchise.
2.13
RIGHT TO REQLIIRE REMOVAL OF I~ROPERTY
At the expiration of the term for which the Franchise is granted providing no renewal is
granted, or upon its forfeiture or revocation of the Franchise, as provided for by this
Franchise, the City shall have the right to require TCI to remove, at TCI's own expense,
all or any part of the Cable System from all streets and public ways within the Franchise
Area, except for any parts of the System which the City may permit to be abandoned in
Page 12
TCI CABLE FRANC}USE
Drtnm', June 23, 1997
place. If TCI fails to do so, the City may perform the work and collect the cost thereof
from TCI. The actual cost thereof, including direct and indirect administrative costs, shall
be a lien upon all plant and property of TCI effective upon filing of the lien with the Kitsap
County Auditor.
Any order by the City Council to remove all or a part of the Cable System shall be sent by
registered mail to TCI not later than thirty (30) calendar days following the date of
expiration or revocation of the Franchise. TCI shall file written notice with the City Clerk
not later than (30) calendar days following the date of the receipt of such order of its
intention to remove cable intended to be removed and a schedule for removal by location.
The schedule and timing of removal shall be subject to approval and regulation by the
City. Removal shall be completed not later than nine months following the date of
expiration or revocation of the Franchise and receipt by TCI of the City's order to remove
all or part of the Cable System.
Any property of TCI to be abandoned in place shall be abandoned in such manner as the
City shall prescribe. Upon permanent abandonment of the property of TCI in place, the
property shall become that of the City, and TCI 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. None of the foregoing affects or limits TCI's rights to
compensation for an involuntary abandonment of its property under State, or Federal law.
In the event the City and TCI are unable to agree as to whether an abandonment is
voluntary for the purposes of this Section either party may invoke arbitration to resolve
such question.
TCI shall not remove any underground cable or conduit which requires trenching or other
opening of the streets along the extension of cable to be removed, except as hereinat~er
provided. TCI may voluntarily remove any underground cable from the streets which has
been installed in such a manner that it can be removed without trenching or other opening
of the streets along with extension of cable to be removed. Subject to applicable law, TCI
shall remove, at its sole cost and expense, any underground cable or conduit by trenching
or opening of the streets along the extension thereof or otherwise which is ordered to be
removed by the City Council based upon a determination, in the sole discretion of said
Council, that removal is required in order to eliminate or prevent a hazardous condition.
2.14
CONTINUITY OF SERVICE MANDATORY
It shall be the right of all subscribers to receive all available services insofar as their
financial and other obligations to TCI are honored. In the event that TCI elects to
overbuild, rebuild, modify, or sell the system, or the City revokes (in accordance with
Section 2.9) or fails to renew the Franchise, TCI shall make its best effort to ensure that
all subscribers receive continuous uninterrupted service, regardless of the circumstance.
In the event of expiration, purchase, lease-purchase, condemnation, acquisition, taking
over or holding of plant and equipment, sale, lease, or other transfer to any other person,
including any other Grantee of a cable communications franchise, TCI shall cooperate fully
to operate the System in accordance with the terms and conditions of this Franchise for a
temporary period sufficient in length to maintain continuity of service to all subscribers.
.t:.'~nc~,~a,~doc ~ Page 13
TCI CABLE FRANCmSE
DRAFT, June 23, 1997
In the event TCI fails to operate the Cable System for seventy-two (72) continuous and
consecutive hours without prior notification to and approval of the City Council or
without just cause such as an impossibility to operate the system because of the
occurrence of an act of God or other circumstances reasonably beyond TCrs control, the
City may, after notice and an opportunity for TCI to commence operations at its option,
operate the system or designate someone to operate the system until such time as TCI
restores service to conditions acceptable to the City Council or a replacement operator is
selected. If the City is required to fulfill this obligation for TCI, TCI shall reimburse the
City for all reasonable costs or damages in excess of revenues fi.om the system received by
the City that are the result of TCrs failure to perform.
2.15
SURVIVAL or TERMS
Sections 2.12, 2.13, 2.14, 11, and 12 of this Franchise shall continue in effect as to TCI
notwithstanding any expiration, forfeiture, or revocation of the Franchise, until such time
as a transfer, sale, or assignment of the System is completed.
2.16 COSTS OF ]~IA_qCIIlSE COMPLIANCE
TCI shall bear the cost of compliance with all provisions of this Franchise, unless
otherwise explicitly provided for in the Franchise or federal, state or local law. Nothing in
this Section shall affect the right of TCI to pass the costs of certain Franchise obligations
through to its subscribers in accordance with applicable law and regulation.
3. SECTION 3 - OPERATION IN STREETS AND RIGHTS-OF-WAY
3.1
USE OF STREETS
TCI may, subject to the terms of this Franchise, erect, install, construct, repair, replace,
reconstruct and retain in, on, over, under, upon, across and along the sweets within the
City such lines, cables, conductors, ducts, conduits, vaults, utility access covers,
amplifiers, appliances, pedestals, attachments and other property and equipment as are
necessary and appurtenant to the operation of a Cable System with the City. TCI will
make available to the City at no cost such pole, conduit, duct and other improvements for
shared use. These uses may include but not be limited to street lighting, traffic signal
interconnect wiring and city communications. The shared uses must not interfere with
TCI signal.
3.2
CONSTRUCTION OR ALTERATION
TCI shall in all cases comply with all lawful City ordinances and regulations of general
applicability regarding the acquisition of permits and such other items as may be
reasonably required in order to construct, alter or maintain the Cable System. TCI shall
make available, at TCI local office, information to the City regarding its progress in
completing or altering the cable system.
3.3
NON-INTERFERENCE
TCI shall construct and maintain a Cable System so as to cause a minimum of interference
with other use of streets, and shall perform its work using suitable barricades, flags, lights,
Pagel4
TCI CABL~ FP, A~CmS£
DRAFt, June 23, 1997
3.4
3.5
flares, or other devices as are reasonably required for the safety of the public in
accordance with local and State policies and procedures. TCI shall utilize existing poles,
conduit systems and other facilities whenever possible, and shall not construct or install
any new, different, or additional poles, conduit systems, or other facilities whether on
public property or on privately owned property until approval of the property owner or
appropriate governmental authority is obtained. Such governmental approval shall not be
unreasonably withheld if said approval complies with that authority's regulations, codes
and policies. However, the location of any pole or wire-holding structure by TCI shall not
constitute a vested interest, and such poles, structures, or facilities shall be removed,
replaced or modified by TCI at its own expense whenever the Council or other
governmental authority reasonably determines that the public interest so necessitates.
Ao
Notice of Construction. At least fifteen (15) days prior to any intended construction,
TCI shall inform all residents in the affected area that a construction project will
commence, the dates and nature of the project, and a tog-free telephone number which
the subscriber may call for further information. A pre-printed door hanger may be
used for this purpose.
Notice of Entry on Private Property. At least twenty-four (24) hours prior to entering
private property or streets or public easements adjacent to or on such private property
to perform new plant construction or reconstruction, a notice indicating the nature and
location of the work to be performed shah be physically posted upon the affected
property. TCI shall make a good faith effort to comply with the property
owner/resident's preferences, if any, on location or placement of underground
installations (excluding aerial cable lines utilizing existing poles and existing cable
paths), consistent with sound engineering practices.
Co
Emergency Repairs. Notice requirements of subsections A and B above, are
suspended for purposes of entry upon private property to perform repairs at the
subscriber's request or in the event of system outage repairs or other emergencies in
which insufficient time is available to provide notice to subscribers.
CONSISTENCY WITH DESIGNATED USE
Notwithstanding the above grant to use streets, no street shall be used by TCI if the City,
in its sole opinion, determines that such use is inconsistent with the terms, conditions or
provisions by which such street was created or dedicated, or presently used under State
and local laws.
UNDERGROUNDING
TCI shall place underground at the lowest possible cost ah of its transmission lines which
are located or are to be located above or within the streets of the City in the following
casesl
A. All existing utilities are placed underground;
f..~,,,~,~.doc 7~ PagelS
TCI C~LE F~cms£
DRAYr, June 23, 1997
B. Statute, ordinance, policy or other regulation of the City requires utilities to be placed
underground;
C. The overhead lines of all utilities are converted to underground in a particular location.
D. TCI is unable to get pole clearance;
E. Underground easements are obtained from developers of new residential areas; or
F. Utilities are overhead but residents prefer underground (construction and relocation to
be provided at residents' expense).
TCI shall participate in conversion to underground Local Improvement Districts (LIDs).
TCI shall fairly share with other utilities the cost ofundergrounding when provided
through the LID process. TCI shall provide the pre'~ cost estimate, facility
conversion designs and final cost estimates to the LID project coordinator in a timely
manner. At the request of the LID project coordinator, TCI shall perform underground
construction and overhead reclaim services in coordination with the undergrounding
services provided by other LID utilities.
The City shall make available to TCI all records of the issuance of building or
development permits for planned commercial or residential developments within the
Franchise Area requiting undergrotmding of cable facilities. TCI shall be responsible for
engineering, deployment of labor, and cable facilities, but shall not be responsible for the
digging and backfilling of trenches. Installation from utility easements to individual homes
or other structures in a new development shall be at the cost of the home/building owner
or Developer unless otherwise provided.
3.6
RESTORATION
In case TCI disturbs any street, public way, paved area or public improvement, TCI shall,
at its own cost and expense and in accordance with the requirements of local law, restore
such street, public way, paved area or public improvement to a condition fully meeting
City approved and published policies and/or ordinance requirements.
TCI shall perform all restoration work promptly.
If TCI fails, neglects or refuses to make restorations as required under this Section, then
the City may do such work or cause it to be done, and the cost thereof to the City shall be
paid by TCI.
IfTCI causes any damage to private property in the process of restoring facilities, TCI
shall pay the owner of the property for such damage, or repair or restore the property to
its condition prior to the damage.
In any dispute over the adequacy of a restoration relative to this Section, the Bremerton
Department of Public Works shall in its sole discretion make the final determination.
f.-~,~$o~ ~ q Page l6
TCI CABLE FRA~CmSE
DP~AFr, Jun~ 23, 1997
3.7
TREE TRIlVIMING
TCI shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks,
and public ways, subject to the requirements of the City's tree trimming ordinance,
Ordinance No. 4553 as it may be amended from time to time. TCI will provide all tree
trimming in accordance with American National Standard ANSI-D 6. l, 1978 Electrical
Hazards.
3.8
RELOCATION
If, during the term of the Franchise, the City or any government entity elects or requires a
third party to alter, repair, realign, abandon, improve, vacate, reroute or change the grade
of any street, public way or other public property; or to construct, maintain or repair any
public improvement; or to replace, repair, install, maintain, or otherwise alter any cable,
wire conduit, pipe, line, pole, wireholding structure, structure, or other facility, including a
facility used for the provision of utility or other services or transportation of drainage,
sewage or other liquids, TCI shall, upon request by the City, except as otherwise
hereina~er provided, at no expense to the City remove or relocate as necessary its poles,
wires, cables, underground conduits, vaults, pedestals, utility access covers and any other
facilities which it has installed.
If during the term of the Franchise another entity which holds a franchise or any utility
requests TCI to remove or relocate such facilities to accommodate the construction,
maintenance or repair of the requesting party's facilities, or their more efficient use, or to
"make ready" the requesting party's facilities for use by others, or because TCI is using a
facility which the requesting party has a right or duty to remove, TCI shall do so. The
companies involved may decide among themselves who is to bear the cost of removal or
relocation, provided that the City shall not be liable for such costs.
Any person authorized by the City and requesting TCI to remove or relocate its facilities
shall give TCI no less than thirty (30) days advance written notice to TCI advising TCI of
the date or dates removal or relocation is to be undertaken, provided that, no advance
written notice shall be required in emergencies or in cases where public health and safety
or property is endangered.
If TCI fails, neglects or refuses to remove or relocate its facilities as directed by the City;
or in emergencies or where public health and safety or property is endangered, the City
may do such work or cause it to be done, and the cost thereof to the City shall be paid by
TCI. If TCI fails, neglects or refuses to remove or relocate its facilities as directed by
another franchisee or utility, that franchisee or utility may do such work or cause it to be
done, and if TCI would have been liable for the cost of performing such work, the cost
thereof to the party performing the work or having the work performed shall be paid by
TCI.
IfTCI causes any damage to private property or public property in the process of
removing or relocating its facilities, TCI shall pay the owner of the property for such
damage, or repair or restore the property to its condition prior to the damage.
f..u,~o~aoc q ~ Page l 7
TCI CABLE FRANCH~S£
DRAFt, June 23, 1997
3.9
MOVElVlENT OF BUILDINGS
TCI shall, upon seven (7) days' notice and request by any Person holding a building
moving permit, franchise or other approval issued by the City, temporarily remove, raise
or lower its wire to permit the movement of the building. The expense of such removal,
raising or lowering shall be paid by the person requesting same, and TCI shall be
authorized to require such payment in advance.
3.10
SAFETY REQUIREMENTS
TCI, in accordance with applicable National, State, and Local safety requirements shall, at
all times, employ ordinary care and shall install and maintain and use commonly accepted
methods and devices for preventing failures and accidents which are likely to cause
damage, injury, or nuisance to the public. All structures and all lines, equipment and
connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or
places of a 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. If a violation of any
applicable regulation is found to exist, the City will, atter discussions with TCI, establish a
reasonable time for TCI to make necessary repairs. If the repairs are not made within the
established time frame, the City may make the repairs itself or have them made and collect
aH reasonable costs thereof from TCI.
3.11
TRAFFIC CONTROL
All construction within the City's right of way shall comply with the latest edition of the
Manual on Uniform Traffic Control Devices (MUTCD) Part VI Standards and Guides for
Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident
Management Operations. Failure to comply with these standards shah be cause to stop
construction until aH traffic control issues are addressed. It shall be the responsibility of
TCI to assure full compliance when working within the public right of way.
4. SECTION 4 - SYSTEM DESIGN AND CAPACITY
4.1
AVAILABILITY OF SIGNALS AND EQUIPMENT
TCI shaH, at a minimum:
A. Make available to subscribers aH signals that are required to be made available by the
FCC or as federal law provides;
B. Distribute, in color, aH television signals which are received in color unless a
substantial reason for noncompliance can be demonstrated;
Co
Make available a minimum of 75 activated analog or digitally compressed video
programming Channels, including Channels carrying aH Basic Cable services, in
accordance with the channel capacity upgrade required in Section 4.3;
Make available parental control or "lock-out" devices (audio and visual) upon request
by subscriber and at a reasonable charge. These devices should provide the greatest
degree of parental discretion and control to prevent unauthorized viewing of any
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TCI CABLE F~a,~CrUSE
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go
4.2
4.3
premium channel or channels and, where technically and practically feasible, non-
premium channels as well;
Make available upon request and at a reasonable charge an RF switch (an AfB switch)
permitting conversion from cable to antenna reception;
Upon request, provide, without installation or monthly charge, one outlet of all Basic
Cable service and Expanded Basic Service or its equivalent, to any public fire station
passed by the Cable System, and one outlet each to all public school and college
classroom building(s) that are passed by the Cable System and all other public
buildings listed in Appendix B, as well as all other such public buildings that may be
constructed during the period of the Franchise that are passed by cable and within 125
feet of the trunk or distribution system. Additional outlets as agreed upon by the City
and TCI will meet FCC technical standards and will be provided at no additional
charge. Notwithstanding anything to the contrary set forth in this Section, TCI shall
not be required to provide an outlet to such buildings, unless it is technically feasible
and if it will not adversely affect the operation or market development of the Cable
System to do so. The City and TCI agree that the provision of the outlets
contemplated hereunder will not so adversely affect the operation or market
development of the system, unless some unforeseen and unanticipated event occurs,
e.g., such a substantial increase occurs in the cost of providing the outlet as to create
the adverse effect, or if it becomes illegal to provide the outlets. TCI may charge its
costs for the installation of that portion of any service drop required in the Section
which is in excess of one hundred twenty-five (125) feet. If additional outlet of Basic
and Expanded Basic Service are provided to such buildings, the building owner shall
pay the usual installation fees associated therewith, including but not limited to, labor
and materials. The outlets of Basic and Expanded Basic Service shall not be used by
the City to distribute or sell services in or throughout such buildings nor shall such
outlets be located in generally accessible public viewing areas.
Nothing in this section shall prohibit TCI from activating portions of its upgraded
system as they are completed in accordance with the construction schedule outlined in
Section 4.3.
EQUAL AND UNIFORM SERVICE
Upon completion of the upgrade of the System, TCI shall provide access to equal and
uniform cable television service throughout the Franchise Area. In particular, cable
service shall not be denied to any group of potential residential cable subscribers because
of the income of the residents of the local area in which such group resides.
SYSTEM CHANNEL CAPACITY UPGRADE
A. Channel Capacity Upgrade and Completion Schedule
TCI shall upgrade the channel capacity of its system so that a minimum of 75 activated
analog or digitally compressed video channels are available for programming and shall
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TCI CABLE FmUqCH~SE
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make service available on the upgraded System to all Subscribers in the Franchise area,
within thirty-six (36) months after the effective date of this Franchise. Completion of
the channel capacity upgrade shall be deemed accomplished when all walk-out, design,
construction and activation are completed, and service is actually available to all
Subscribers in the Franchise Area. However, nothing shall prohibit TCI from
completing the channel capacity upgrade and offering services on the upgraded System
on an area-by-area basis as construction allows. TCI shall provide to the City a status
report on the progress of the upgrade every six months beginning upon the effective
date of the Franchise, until full activation of the upgraded System is achieved. Within
the first six (6) months TCI shall show substantial progress on the design phase of the
upgrade.
The system, as upgraded, shall have the capacity to provide pay-per-view and other
services requiring Addressability. In all its construction and service provision
activities, TCI shall meet or exceed the construction, technical performance, extension
and service requirements set forth in this Franchise. During the construction period of
the upgrade, TCI shall not be obligated to provide a refund or credit to customers
where an outage was necessitated by the cut-over from the present System to the
rebuilt or modified System.
Remedies
The City may assert any of the following remedies in the event TCI defaults on the
completion of the channel capacity upgrade.
Draw upon TCI's Construction Bond or Performance Bond (as provided for under
Sections 11.3 and 11.4) to recover damages for a default in which TCI delays
completion of the channel capacity upgrade, provided, however, that no payment
shall be made under such Construction Bond or Performance Bond in the event of
a delay caused by acts of nature, force majeure or circumstance beyond the
reasonable ability of TCI to control. In any other event, TCI shall pay to the City
damages, in the amount of one thousand dollars ($1,000) per day for each day
which is more than ninety (90) days after the deadline for completion of the
upgrade, and accruing for a maximum of twelve (12) months. TCI and the City
acknowledge and agree that the harm the City is likely to incur upon such TCI
breach is such that it is incapable of ascertainment or very difficult to ascertain and
that the foregoing liquidated damages are a reasonable forecast or just
compensation for such harm to which the City shall be entitled regardless of the
amount of its actual damages. The City shall be entitled to draw upon the
Construction Bond or Performance Bond to collect the foregoing damages (in
addition to its ability to draw upon the Construction Bond or Performance Bond
for any other default). No payment of damages hereunder will, in any manner or
degree, release TCI from its obligations and liabilities to complete the entire
channel capacity upgrade described under this Section 4.3 of the Franchise.
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2. Termination of the Franchise for delays in upgrade completion exceeding twelve
(12) months.
C. Hearing Process
Il'the City concludes that TCI is liable for damages subject to forfeiture of its
Construction Bond pursuant to Sections 4.3, 11.3, and 11.4, and the City decides
to give notice to TCI of its intention to draw upon the-Construction Bond or
Performance Bond (as described in Sections 11.3 and 11.4), then the City shall
give such notice by certified mail or hand delivery. The notice shall set forth the
basis for the assessment, and shall inform TCI that damages will be assessed from
the date of the notice unless the assessment notice is appealed for hearing before
the City Council.
Should TCI desire a hearing before the City Council, TCI shall send a written
notice of appeal by certified mail to the City Clerk within thirty (30) days from the
date on which TCI received the notice of intention to assess damages. The hearing
on TCI's appeal shall be within sixty (60) days fi.om the date on which the City
received its notice of appeal fi.om TCI.
Unless the City Council rules (1) that the violation has been corrected, or (2) that
an extension of time or other relief should be granted, said damages hearing on
TCI's appeal shall be within sixty (60) days fi.om the date on which the City
received its notice of appeal fi.om TCI.
Unless the City Council rules (1) that the violation has been corrected, or (2) that
an extension of time or other relief should be granted, said damages shall be
assessed beginning with the date on which the City sent the notice of the intention
to assess damages and continuing thereafter until such time as the City determines
that the violation has ceased, such determination not to be unreasonably withheld.
D. Right of Inspection of Construction
Ee
The City shall have the right to inspect all construction or installation work performed
within the Franchise area, and to make such tests as it shall find necessary to ensure
compliance with the terms of this Franchise and the Federal Communications
Commission (FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards).
Emergency Alert Capability
TCI shall provide the System capability for the City to override all channels with an
audio and video emergency alert signal transmitted to all subscribers fi.om the City's
Public Works Complex, and fi.om TCI's East Bremerton Headquarters or an
alternative East side location to be approved jointly by the City and TCI. Subject to
federal and state laws and regional planning authorities, the City may initiate the
operation of the emergency alert system (EAS) at any time, and the City may at its
option elect to share this service with adjoining communities. Emergency alert
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capability, as required in this Section, shall be operational within sixty (60) days
following the fi.anchise effective date and throughout the term of the Franchise and
shall meet or exceed FCC guidelines (CFR 47, I, C, 11) at such time as the FCC
makes those standards effective.
The City shall permit only appropriately trained and authorized Persons to operate the
EAS equipment. Except to the extent expressly prohibited by law, the City shall hold
TCI, its employees, officers, and assigns, harmless fi.om any claims arising out of the
City's negligence in the emergency use of TCI facilities, including, but not limited to
reasonable attorney's fees and costs. Additionally, the City shall indemnify and hold
harmless TCI against damage, loss or inappropriate use of the equipment by the City
and shall agree to use due care and to take reasonable precautions against such
damage, loss or inappropriate use of the EAS equipment or other Cable System
equipment which may be used during a declared emergency. However, no indemnity
is provided under this Section for any EAS or EAS use that TCI is required to provide
under federal law.
F. Standby Power
TCI shall provide standby power generating capacity at the Cable System control
center and at all hubs. TCI shall maintain standby power system supplies, rated at
least at two (2) hours duration, throughout the trunk and distribution networks. In
addition, TCI shall have in place throughout the Franchise term a plan, and all
resources necessary for implementation of the plan, for dealing with outages of more
than two hours. This outage plan and evidence of requisite implementation resources
shall be presented to the City for approval prior to the effective date of this Franchise.
G. Provision of Bi-Directional Capability and Other System Capabilities
TCI shall construct the upgraded system with Bi-directional Capability. At periodic
reviews, not less than every third year, the City may submit information demonstrating
the demand for services requiting Activated Bi-directional Capability or other
increased technical capabilities of the System. TCI shall provide Activated Bi-
directional Capability when technical and economic viability are demonstrated; except
that, upon completion of the upgrade but without further condition, TCI shall provide
Activated Bi-directional Capability within twelve (12) months of notification that the
following standard has been met:
such Activated Bi-Directional Capability is provided in Kitsap County, or when
40% of systems operated by TCI or any Affiliate in King, Pierce, Kitsap and
Snohomish Counties or such Capability is provided in any adjacent system.
4.4 TECttNICAL STANDARDS
The Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart
K (Technical Standards), as now or hereafter constituted or amended, shall apply. The
qS
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TCI CABLE FP.A~CH~SE
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City may establish reasonable technical standards for the performance of the Cable System
if the FCC permits it to do so, or if the FCC standards are repealed in whole or in part.
FCC technical standards may be enforced by the City to the extent that, and only to the
extent that, such enforcement is permitted under Federal law and regulation. Upon
request, TCI shall provide the City copies of the results of all System tests required by the
FCC. Regardless of the physical location of the System headend, the System within the
City shall deliver technical quality equivalent to having the master headend located within
the City's boundaries; and shall permit bi-directional transmission of all PEG Access,
leased access, and Institutional Network signals in a manner equivalent to that provided
through location of the headend within the City's boundaries. In the construction,
operation and maintenance of the System, TCI shall also comply, at a minimum, with the
following:
1. Applicable City, State and National/Federal Codes and Ordinances;
2. Applicable Utility Joint Attachment Practices;
3. The National Electric Safety Code; ANSI C2;
4. City Utility Code Requirements;
5. City Rights-of-Way Procedures;
The City is authorized to inspect the Cable System at anytime to ensure compliance and
reserves the right to see that the System of TCI is constructed and maintained in a safe
condition, and if unsafe condition is found to exist, to order TCI, in writing, to make the
necessary repairs and alterations specified therein forthwith to correct the unsafe
condition.
4.5
PERFORMANCE TESTING
The following requirements shall be met by TCI, to the extent that these requirements can
legally be imposed in a franchise under federal law and regulation.
TCI shall perform all system tests at the intervals required by Section 76.601 of the
Federal Communications Commission (FCC) Rules and Regulations, Part 76, Subpart K
(Technical Standards), and all other tests reasonably necessary to determine compliance
with technical standards required by this Franchise. These tests shall include, without
limitation:
A. Initial proof of performance for any construction;
B. Semi-annual compliance tests;
C. Tests in response to subscriber complaints; and
D. Tests reasonably requested by the City to demonstrate Franchise compliance.
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TCI CA~ FRA~C~SE
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Written records of all System test results performed by or for TCI shall be maintained for
three (3) years, and shall be available for City inspection upon request.
For initial and semi-annual FCC proof-of-performance tests, the City shall be given the
opportunity by TCI to review test sites. The tests may be witnessed by representatives of
the City, and TCI shall inform the City of the time and place of each test no less than three
weeks prior to the test. Written test reports shall be submitted to the City. The City may
conduct independent tests of the system for which TCI shall give its fullest cooperation. If
more than one of the locations tested fail to meet the performance standards, TCI shall be
required to indicate what corrective measures have been taken, and the entire test shall be
repeated at the locations which failed. If a second test results in failure of one or more
sites, then the City may seek remedies in accordance with Sections 7.5 and 7.6 unless the
circumstances of the failure are caused by conditions which are beyond TCI's control as
determined, acknowledged and verified by the City.
If deemed necessary, the City may wish to review the cable system's performance. During
such evaluation session, TCI shall fully cooperate with the City and shall provide without
cost such reasonable information and documents as the City may request to perform
evaluations.
4.6
If the City has concerns because of reoccurring problems with TCI's cable system it may
retain an independent consultant to conduct an analysis of the cable system and its
performance and submit a report of such analysis to the City. The City shall take into
consideration any efforts taken to correct such deficiencies.
The report prepared by the consultant in response to the City's request for a system
evaluation shall include
1. A description of the technical problem in cable system performance which precipitated
the special tests;
2. What cable system components were tested;
3. The equipment used and procedures employed in testing;
4. The method, if any, by which specific performance problems may be resolved;
5. Any other information pertinent to said tests and analyses which may be required by
the City.
If the tests indicate that the system is not in compliance with FCC standards or the
requirements of the Franchise, TCI shall reimburse the City for all costs involved in
conducting such tests, including consultant fees or other expenses.
INTERCONNECTION
TCI shall continue all PEG Access interconnections in effect on the effective date of
this Franchise, provided that one or more Interconnections may be discontinued if it is
jointly determined that said discontinuation is in the best interest of the City and TCI.
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TCI CABLE FR~qCH~SE
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Bo
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TCI shall interconnect its PEG Access Channels in the future with such additional
contiguous cable systems, as may be ordered by the City following an ascertainment of
community needs and interests and a public hearing. Interconnection of systems may
be accomplished by direct cable connection, microwave link, or other technically
feasible method. Upon receiving request of the City to interconnect, ifTCI has not
already done so, TCI shall immediately initiate negotiations with other affected
system(s), and shall report to the City the results of such negotiations no later than
sixty (60) days after such initiation. Upon a determination by the City that an
interconnection is technically and economically feasible, considering all the
circumstances, the City may order TCI to perform the interconnection, and TCI shall
interconnect the systems within sixty (60) days following the order, subject to
agreement by the interconnecting system regarding the equitable sharing of
interconnection costs. In the case of any dispute regarding such equitable sharing of
costs, the City shall make a final determination; provided that if the interconnecting
system agrees to bear 50% or more of the cost, equitable sharing shall be regarded as
accomplished.
Upon request by the City, TCI shall interconnect the Institutional Network with any
City-owned communications network, and any cable system or publicly owned
institutional networks serving similar public purposes in adjacent jurisdictions. In
cases where the I-Net interconnection involves the cooperation of another cable
company, the requirement for interconnection shall be subject to the same conditions
as for PEG interconnection as described in (B) above.
At a minimum, each Interconnection shall provide sufficient bandwidth to fully
accommodate, at a high level of technical quality, the transmission of such volume of
bi-directional voice, video and data signals as may be designated necessary by the City
for the carriage of PEG and Institutional Network signals.
TCI shall ensure that all interconnections on its own property are securely housed and
maintained, and ensure compliance with the Federal Communications Commission
(FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards).
With respect to installing the capacity required under this Section, the City
understands that interconnection requires cooperation fi.om other cable system
operators as to financial, engineering, design, and technical operation issues.
Therefore the City shall make every reasonable effort to assist TCI in achieving the
cooperation of interconnecting cable system operators necessary to establish the
Interconnections, and TCI's interconnection obligations hereunder shall be subject to
such cooperation being obtained.
The cost to TCI of interconnecting its cable system with any other system pursuant to
the requirements of this Franchise, solely to meet the requirements of this Franchise
and not for purposes of TCI's own may be regarded as external cost, passed through
to subscribers, and itemized on subscriber bills. In cases where TCI performs an
interconnection for any other reason, without being specifically requested to do so in
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TCI CA~L~ FRANCHISE
DRAm', June 23, 1997
writing by the City, the cost of the interconnection shall not be passed through to
subscribers as external costs, nor itemized as such on subscriber bills.
4.7
VIRTUAL HgADEND
In the event that the Cable System headend is located outside the City at any time during
the term of the Franchise, then during such period, TCI shall make all System design and
operational provisions necessary to ensure that:
A. The technical standards of the FCC and this Franchise shall continue to be met;
B. PEG access programming can readily be cablecast downstream.
5. SECTION 5 - PROGRAMMING AND SERVICES
5.1
CATEGORIES OF PROGRAMMING
TCI shall provide broad categories of video programming substantially equal to or an
improvement upon what is provided at the time the Franchise commences until the system
upgrade required by this Franchise is completed. Upon completion of the system upgrade
required in this Franchise, TCI shall provide video programming services in at least the
following broad general categories:
News & Information;
B. Sports;
C. General entertainment;
D. Arts, culture, performing arts;
E. Children/family;
F. Foreign language/ethnic programming;
G. Public, educational and governmental access programming;
H. Movies; and
I. Religious programming.
5.2
f..'lmctv~an, doc
CHANGES I~ VmEO PROGRAM3~G
Following System channel capacity upgrade, no category of services as identified above
may be deleted by TCI without City approval, which approval shall not be unreasonably
withheld. TCI shall provide written notice to the City and to subscribers of any proposed
deletions, additions or rearrangements of individual programming services, both before
and after the System upgrade, at least thirty (30) days in advance, provided the giving of
such notice is reasonably possible under the circumstances. If thirty (30) days notice is not
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TCI CABLE FRANCI-USE
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5.3
5.4
5.5
e
reasonably possible, TCI having made a good faith effort to comply, then TCI shall give
notice as soon as is reasonably possible. The City reserves the right both before and after
system upgrade to regulate to the fullest extent permitted by law to ensure maintenance of
the mix, level, and quality of service.
BASIS FOR PROGRAMMING DECISIONS
TCI shall make available to the City upon request local documents and records pertaining
to the basis for programming decisions, including, but not limited to, all customer surveys
an survey results, individual requests, inquiries and complaints regarding specific programs
and types of programming. An explanation of local programming policies guiding TCI's
programming decisions shall be provided upon request as a part of each year's annual
report, and TCI shall give the City to opportunity to make suggestions regarding future
broad categories of programming.
OBSCENITY
Subject to applicable federal law, TCI shall not transmit over the cable system
programming which is obscene or otherwise unprotected by the Constitution of the United
States, provided, however, TCI shall in no way be responsible for programming over
which it has no editorial control, including public, educational and governmental access
programming.
PARITY OF SERVICE AI~ RATES
Upon delivery of the channel capacity upgrade City subscribers will enjoy substantially the
same level of service as Kitsap County subscribers including but not limited to tier options,
channel and programming offerings and comparable rates and pricing packages.
SECTION 6 - PUBLIC, EDUCATIONAL AND GOVERNMENT USE
OF SYSTEM
6.1 PEG ACCESS
Ae
Designated PEG Access Providers
1. The City may designate PEG Access Providers, including itself, to control and
manage the use of all Access Facilities under this Franchise, including, without
limitation, the operation of Access Channels. To the extent of such designation by
the City, as between any Designated Access Provider and TCI, the Designated
Access Provider shall have sole and exclusive responsibility for operating and
managing such Access Facilities.
2. TCI shall cooperate with Designated PEG Access providers in the use of the PEG
Access Facilities for the provision of PEG Access.
3. Except as provided in this Franchise, the City shall allocate Access Resources to
Designated Access Provider(s) only.
B. Channel Capacity and Placement
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TCI CABLE FP.A~CH~SE
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Existing Channel. The channel designated for PEG Access at the time of the
passage of this Franchise Ordinance by the City Council (Channel 12) shall remain
a PEG Access Channel throughout the term of this Franchise, subject to the
requirements of Secs. 614(a) and 615(g) of the Cable Act and the FCC regarding a
cable operator's obligation to carry the signals of local television stations on the
Cable System. Should the PEG Access Channel be required to be moved in virtue
of these Cable Act provisions, then TCI shall make its best efforts to locate the
PEG Access Channel within the range of channels 1-13, subject also to the Cable
Act requirements.
New Channel. Upon request of the City one channel, in addition to the existing
PEG channel, shall be furnished by TCI for PEG purposes within sixty (60) days
following the effective date of this Franchise, upon request by the City. The City,
at its sole discretion, may elect to combine Public, Educational and local
Government programming on one or more access channels.
Additional Channels. One additional channel over and above the two channels
described in (1) and (2) above shall be made available each time that any channel is
used for PEG Access purposes with first mn programming during flfl3t percent
(50%) of the hours between 10:00 a.m. and 10:00 p.m., during any consecutive ten
(10) week period. Based upon this criterion TCI shall, within six (6) months
following a request by the City, provide another designated access channel for the
City's use.
For the purposes of this section "first mn programming" shall mean non-character
generated video programming in its initial cablecast on PEG Access channels or in
any of its first, second or third repeat cablecasts per week, except that after 20
repeat cablecasts, a program shall not be regarded as first run programming.
C. Financial Support for PEG Access
Pass-Through Support for PEG Access and the I-Net. In view of the fact that the
City's plans for the use of PEG Access Channels and the Institutional Network are
expected to change to meet conditions during the life of the Franchise, but the
requirement of funds for these uses is certain, TCI shall provide to the City for
PEG Access and 1-Net support an amount equal to twenty-one cents ($ .21) per
Subscriber per month, adjusted annually at the City's request by the percentage of
change in the revised Consumer Price Index (CPI) for all urban comers as
published by the U.S. Dept of Labor for U.S. City Average for the most current
period, during the entire term of the Franchise, and during any extensions to the
Franchise granted by the City. TCI shall be permitted to treat this contribution as
an "external cost" as such term is used in 47 CFR Sec. 76.922 on the date of this
Franchise, to pass such cost through to Subscribers, and to separately identify the
contribution as a separate item on Subscribers' bills in accordance with 47 C.F.R
Sec. 76.985. The contribution shall be paid to the City on a monthly basis along
with franchise fees.
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TCI CABLE FRANCI-IXSE
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Additional PEG Access Funds. In addition to the capital support contribution
described above, TCI shall pay to the City $20,808 per year as a contribution in
support of PEG facilities, equipment and programming. This support shall be paid
in monthly installments of $1734.00, shall not be regarded as a part of franchise
fees, nor taken as an offset against franchise fees, and will discontinue with the
expiration of this Franchise and any extensions of the Franchise granted by the
City. The City and TCI agree that this support shall not be passed though to
Subscribers, nor considered as an embedded cost during franchise renewal.
Additional PEG Support. In the spirit of cooperation and partnership TCI shall
continue to support Public Educational and Government (PEG) activities by
providing such services as informational bill stuff'ers regarding access. TCI shall
not be required to include PEGAccess materials in its subscriber bills more than
twice annually, nor be required to pay for any extra postage which may be required
as a result of the inclusion of PEG Access materials. TCI has supported these
services throughout the term of the prior franchise, and their cost shall not be
passed through to subscribers as a new external franchise cost. Nor shall the cost
of these services be regarded as part of franchise fees, nor taken as an offset
against franchise fees.
PEG Access Studio Location. TCI shall maintain the PEG Access studio at 1225
Sylvan Way, Bremerton, Washington 98310 during the term of the Franchise; or
provide equivalent facilities and means to ensure convenient local PEG Access use
of the System at least at the highest level provided prior to the effective date of
this Franchise. IfTCI chooses to move the access facilities to a new location for
TCI purposes only, then TCI will bear the cost of such a move. TCI shall be
required to relocate the access studio as ordered by the City, provided the City has
secured the participation of Kitsap County in conducting an ascertainment of
community needs and interest and public hearings, and an agreement that any costs
associated with the relocation shall be passed through equally to all cable
subscribers in both franchise areas.
Ci_ty Hall Council Chambers Upgrade. Upon signing this franchise TCI will
provide funding for upgraded equipment for City Council Chambers and studio
and other purposes not to exceed $55,000. TCI shall recover this expense by
retaining the twenty-one cents ($.21) per subscriber per month pass-through.
ltardwired Origination Points
As part of the upgrade construction of its cable system, TCI shall provide actual
operating bandwidth sufficient to enable character-generated, prerecorded and live
video cablecasts on at least one programming channel from all Hardwired
Programming origination Points as described in Appendix A, to enable the distribution
of PEG Access programming from each Hardwired Origination Point to all
Subscribers on the Access Channels of the Cable System. TCI shall provide the
activated capacity to simultaneously transmit at a minimum the video signals for all
f.'~'~a~aoc / OC~ Page29
TCI C,~BLE FP, AUCmS~.
DRAFr, June 23, 1997
6.2
PEG Access Channels being actively made available for PEG Access use, from the
Access Studio located at 1225 Sylvan Way, Bremerton, Washington 98310, or at
such alternative location as may be designated by the City, to the system headend for
distribution on the Access Channels.
Access Interconnections
TCI shall make every effort to implement any interconnection with other systems for
PEG purl0oses in such a way that PEO programmin8 is carried on the same channel
positions on the interconnected systems, with the Government Access channel carded
within the group of channels 1-13, subject to the limitations specified in Section
6.1(B)(1).
Technical Quality
TCI shall maintain all Access channels and connections to hardware origination points
and Interconnections of Access Channels at minimally the same level of technical
quality and reliability as the level maintained for the rest of the system. TCI shall not
cause any non-access programming to override Access Programming on any Access
Channel, except by verbal or written permission from the Access Provider.
In the event TCI makes any change in the Cable System and related equipment and
Facilities or in TCI's signal delivery technology, which directly or indirectly
substantially affects the data or video signal quality or transmission of Access
Programming, TCI shall at its own expense take necessary technical steps or provide
necessary technical assistance, including the acquisition of all necessary equipment, to
ensure that the capabilities of Access Providers or Access Programmers are not
diminished or adversely affected by such change.
INSTITUTIONAL NETWORK
A. Requirement for Constructing the Network
TCI shall, in accordance with specific agreemems and plans to be developed by the
City and TCI, construct a Institutional Network (I-Net) to link public facilities
designated by the City with bi-directional video, data and audio signals. The I-Net
shall be primarily for the purpose of non-commercial public agency closed-ckcuit use,
for institutional communications not normally transmitted via the subscriber network
system.
B. Parameters of I-Net Agreements and Use
The I-Net shall be constructed in accordance with agreements and plans developed by
the City and TCI. The following parameters shall apply to such agreements, unless
mutually agreed otherwise by the City and TCI:
1. Any charges by TCI to the City for the construction of the I-Net or I-Net
Interconnections shall not exceed the incremental cost to TCI, i.e., the actual cost
Page 30
TCI CABLE FRANCHISE
DRAFT, June 23, 1997
of constructing the I-Net over and above the cost of constructing TCI's Cable
System for its own use.
There shall be no charge by TCI to the City or to other public users for the use of
the I-Net.
TCI shall cooperate with the City to ensure the most cost-effective construction of
the I-Net. To reach I-Net locations where communications needs do not justify
separate I-Net plant construction, the I-Net may include the use of upstream and
downstream capacity on the residential system as such capacity exists or is
developed and is not in actual use by TCI. In order to ensure that the City may
take full advantage of the cost savings to be realized from constructing the I-Net in
conjunction with any TCI plant construction, the City shall provide TCI with a list
of I-Net locations, and no less than 90 days prior to any plant construction near the
listed locations, TCI shall notify the City of the planned construction, and enter
into discussions with the City to determine what I-Net installations, if any, may be
made a part of the construction. IfTCI fails to give the City such 90 day notice
and enter into such discussions, and the City later elects to have TCI construct I-
Net connections to locations that could have been served in conjunction with TCI
construction carded out for its own purposes, then TCI shall perform the I-Net
construction at a cost to the City which does not exceed what would have been the
incremental cost of the I-Net construction had it been done along with TCI's
construction for its own purposes.
TCI shall, at the request of the City, interconnect the I-Net to its residential
subscriber system, in order that programming which is transmitted via the 1-Net to
the System headend may be routed onto PEG Access channels.
Management and control of I-Net transmissions shall be the responsibility of the
City or its designee up to a point of demarcation to be jointly determined by the
City and TCI at a later date. TCI shall make available technical assistance, beyond
the point of demarcation, to ensure the effective and reliable operation of the I-
Net.
Upon request by the City TCI shall construct the I-Net as shown in Appendix C or
as otherwise agreed upon by the parties. Once directed, TCI will complete each
phase within twelve (12) months of the request. All preliminary, pertinent or cost
saving measures regarding the development of the I-Net will be addressed during
the development and construction of the upgrade with the City.
7. SECTION 7 - REGULATORY PROVISIONS
7.1
The City shall have the right to administer and regulate activities under the Franchise up to
the full extent permitted by applicable federal, state or local law.
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TCI CABLE F~CI-nS~.
DRAFT, June 23, 1997
7.2
7.3
7.4
DELEGATION OF AUTHORITY TO REGULATE
The City reserves the right to delegate its regulatory authority wholly or in part to the
federal or State government, or to boards, commissions or other agents of the City.
AREAS OF ADMINISTRATIVE AUTHORITY
In addition to reserving its right to exercise all regulatory authority concerning the
Franchise, the City shall have the right to exercise administrative authority in areas
including but not limited to the following:
A. Administering and enforcing the provisions of this Franchise, including the adoption of
administrative roles and regulations to carry out this responsibility.
B. Coordination of the operation and development of Public, Educational and
Governmental Access channels, and Institutional Network capacity.
C. Planning and coordinating the developmem of all cable services within the City.
D. Disbursing and utilizing Franchise Fee revenues paid to the City.
E. Administering the regulation of rates, to the extent permitted by law.
TCI shall cooperate fully in facilitating the City's discharge of its administrative authority.
REGULATION OF RATES AND CHARGES
A. Right to Regulate
The City expressly reserves the fight to regulate TCI's rates and charges in accordance
with applicable law as such law may provide during the term of the Franchise.
B. Notice of Change in Rates and Charges
Throughout the term of the Franchise, subject to applicable law, TCI shall give the
City and all subscribers within the City of Bremerton at least thirty (30) days notice of
any intended modifications or additions to subscriber rates or charges. Nothing in this
Subsection shall be construed to prohibit the reduction or waiving of rates or charges
in conjunction with promotional campaigns for the purpose of attracting subscribers or
users.
C. Rate Discrimination Prohibited
Within any category of subscribers, TCI shall not discriminate among subscribers with
regard to rates and charges made for any service based on considerations of race,
color, creed, sex, marital or economic status, national origin, sexual preference, or
neighborhood of residence, except as otherwise provided herein or in accordance with
federal, state and local laws; and for purposes of setting rates and charges, no
/ ~)5 Page32
TCI CABLE FP, A~CH~S£
DRAFT, June 23, 1997
7.5
7.6
categorization of subscribers shall be made by TCI on the basis of those
considerations.
Nevertheless, TCI shall be permitted to establish discounted rates and charges for
providing cable service to low-income disabled or low-income elderly subscribers. At
any time that the rate for Basic Service is $12 per month or more, TCI shall offer a
discount of thirty percent (30%) from the normal charge for Basic Service and
installation to those individuals age sixty-two (62) or older or disabled who are the
legal owner or lessee/tenant of their residence. To qualify for the Iow-income senior
citizen or Iow-income disabled citizen rate, the individual shall meet the criteria
established by RCW 74.38.070. In order to remain eligible for the credit, the applicant
shall be required to reapply each year with the City of Bremerton.
REMEDIES FOR I~OaNCHISE VIOLATIONS
In addition to the remedies specified in Section 4.3 of this Franchise, the City, subject to
the provisions of Sections 7.6 and 2.9, has the right to assert the followin8 remedies in the
event TCI violates any provision of this Franchise:
Drawing upon or foreclosing all or any part of any security provided under this
Franchise, including without limitation the Construction Bond or Performance Bond
provided for under Sections 11.3 and 11.4; provided, however, such drawing or
foreclosure shall be only in such a manner and in such amount as the City reasonably
determines is necessary to remedy the default. Should the City take this action, TCI
shall be responsible for all direct and actual costs related to such action, including, but
not limited to, legal, consulting and administrative costs;
B. Commence an action at law for monetary damages or seek other equitable relief,
C. In the case of a substantial default of a material provision of this Franchise, declare the
Franchise to be revoked;
Do
Subject to applicable law and regulation, require TCI to correct or otherwise remedy
the violation prior to considering the approval of any proposed rate increase if rate
regulation is authorized by law and is in effect;
E. Seek specific performance of any provision, which reasonably lends itself to such
remedy, as an alternative to damages.
In determining which remedy or remedies for TCI's violation are appropriate, the City
shall take into consideration the nature and extent of the violation, the remedy needed to
prevent such violations in the future, whether TCI has a history of previous violations of
the same or similar kind, and such other considerations as are appropriate under the
circumstances.
PROCEDURE FOR REMEDYING FRANCHISE VIOLATIONS
lC)&
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TCI CABLE FRANCHISE
DRAFr, June 23, 1997
Co
Notice of Violation. In the event that the City believes that TCI has not complied with
the terms of this Franchise, the City shall notify TCI in writing by certified mail, of the
exact nature of the alleged noncompliance.
TCI's Right to Cure or Respond. TCI shall have thirty (30) days fi.om the receipt of
notice described above to (a) respond to the City contesting the assertion of
noncompliance, or (b) to cure such default or, in the event that by the nature of the
default such default cannot be cured within the thirty (30) day period, initiate
reasonable steps to remedy such default and notify the City of the steps being taken
and the projected date they will be completed.
Public Hearing. In the event that TCI fails to respond to the notice described herein or
cure the default pursuant to the procedures set forth above, the City shall schedule a
public hearing to investigate the default. The City shall give TCI twenty (20) calendar
days notice of the time and place of the hearing and provide TCI with an opportunity
to be heard.
7.7
7.8
ENFORCEMENT
In the event the City, after such hearing, determines that TCI is in default of any provision
of this Franchise, the City may impose any of the remedies set out in Section 7.5 or
Section 2.9 herein. Monetary penalties may be assessed retroactive to the date that
notification was provided to TCI in such cases where TCI has been non-responsive in
correcting the default or in the case of flagrant violations.
FAILURE TO ENFORCE
TCI shall not be relieved of any of its obligations to comply promptly with any provision
of this Franchise by reason of any failure of the City to enforce prompt compliance, and
the City's failure to enforce shall not constitute a waiver of rights or acquiescence in TCI's
conduct.
7.9
7.10
FORCE MAJEURE
If by reason of force majeure TCI is unable in whole or in part to carry out its obligations
hereunder, TCI shall not be deemed in violation or default with respect to that part of such
inability which is due to force majeure, during the continuance of such inability due to
force majeure. The term "force majeure" as used herein shall mean the following: acts of
Nature; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of
the government of the United States of America, or of the State of Washington, or in thek
departments, agencies, political subdivisions, or officials; acts of any civil or military
authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires;
hurricanes; volcanic activity; storms; floods; washouts; droughts; restraint of government
and people; civil disturbances; explosions; partial or entire failure of utilities; and similar
occurrences outside the control of TCI. TCI agrees, however, to give its best efforts to
remedy as soon as possible, under the circumstances, the cause or causes preventing TCI
fi-om carrying out its responsibilities and duties under this franchise agreement.
ALTERNATIVE REMEDIES
TCI CABLE FRANCHISE
DRAFT, June 23, 1997
7.11
gm
8.1
No provision of this Franchise shall be deemed to bar the right of the City to seek or
obtain judicial relief from a violation of any provision of the Franchise or any role,
regulation, requirement or directive promulgated thereunder. Neither the existence of
other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar
or otherwise limit the right of the City to recover monetary damages for such violation by
TCI, or to seek and obtain judicial enforcement of TCI's obligations by means of specific
performance, injunctive relief or mandate, or any other judicial remedy at law or in equity.
COMPLIANCE WITH THE LAW
TCI shall comply with all federal and state laws and regulations, including regulations of
any administrative agency thereof, as well as all City codes, ordinances, resolutions, roles
and regulations of general applicability and other legitimate applications of the City's
police power, heretofore or herea~er adopted or established during the entire term of the
Franchise. Nothing in this Franchise shall limit, nor expand the City's fight of eminent
domain under state law. Nothing in this Franchise shall be deemed to waive the
requirements of any lawful code or resolution of the City regarding permits, fees to be
paid or manner of construction.
SECTION 8 - REPORTING REQUIREMENTS
Unless otherwise set forth in the franchise agreement, the City may specify the form and
details of all reports, with TCI given an opportunity to comment in advance upon such
forms and details. The City may change the filing dates for reports upon reasonable
request of TCI.
MONTHLY AND QUARTERLY REPORTS
Monthly Records and Reports. TCI shall maintain monthly records showing the
number of service calls received by type, the percentage of service calls compared to
the subscriber base by type of complaint, the number of outages, the number of
planned outages, and the approximate total duration of these outages. These reports
shall be in a form reasonably required by the City. The City may from time to time
make such reasonable amendments to the forms as are required to ensure that all
issues are reported clearly and accurately.
Within 30 days after the end of each month, TCI shall submit a written report to the
City, which shall contain a listing of all categories of Gross Revenues earned and gross
receipts collected by TCI or any cable operator, derived from the operation of the
Cable System franchised hereunder for the previous month, in sufficient detail and with
sufficient explanation to enable the City to understand the report and to verify the
accuracy of Franchise Fee payments.
Quarterly Reports. In order that the City may be informed of TCI's success in
achieving satisfactory customer relations in its telephone answering functions, TCI
shall, upon request by the City, and routinely no less than quarterly, provide the City
with a summary that will provide, at a minimum, the following
I OD(~ Page$$
TCI CABLE FgAt4CH~SE
D~,FT, June 23, 1997
1. Number of calls received per day;
2. Time taken to answer;
3. Average talk time;
4. Number of calls abandoned by the caller;
5. Average hold time;
6. Percentage of time all lines busy;
7. An explanation of any abnormalities.
8. Subscriber levels by categories.
This data will be compared to minimum standards of the FCC Customer Service
obligations, Part 76.309, Subpart II or as amended incorporated herein by reference.
Calls for service generated during period of system outages caused by an emergency
affecting more than twenty-five (25) customers may be excluded from the service
response calculations. The City shall have the sole determination as to what
constitutes a system failure due to emergency, (subject to the provisions of FCC
Customer Service Standards regarding the nature of normal operating conditions),
and as to which calls shall be excluded fi'om the service level calculations.
8.2
ANNUAL REPORT
No later than one hundred twenty (120) days following the end of TCI's fiscal year each
year, TCI shall present a written report to the City which shall include:
ho
Audited financial reports (or if audited reports are unavailable then unaudited and
certified reports) for a) TCI, b) TCI West, Inc., and c)Tele-Communications, Inc. for
the previous fiscal year; certified by an officer of TCI, which shall include statements
of Gross Revenues from all sources, gross revenues from each category of service, and
upon request an income statement, statement of cash flow, balance sheet, and the cost
of any capital construction by component category (e.g., headend, plant, studios,
office, etc.). In the event any audited financial report has not been published by the
date due under this section, then the audited financial report shall be deemed presented
on time if presented within 30 days after publication.
All financial reports required under this section shall be presented to the City
accompanied by such notes and explanations as are required to fully understand the
reports. Such notes and explanations shall include, but not be limited to, an
explanation of any and all deductions made from Gross Revenues in order to arrive at
Gross Receipts for the calculation of Franchise Fees to be paid to the City.
A summary of the previous year's activities for the Franchise Area, including but not
limited to, the total number of subscribers for each category of service, the number of
hookups and disconnects, the number of homes passed, miles of overhead and
underground coaxial and fiber optic cable plant, other system facilities and equipment
constructed, any services added or dropped, and any technological changes occurring
in the system.
/cY
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TCI CABLE FRAnCHiSE
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8.3
8.4
8.5
8.6
Co
A summary of complaints received, with a summary of how the complaints have been
resolved and how long the resolution took, provided that nothing in this subsection
shall require TCI to provide the City with subscriber information in violation of
Section 631 of the Cable Act.
D. Plans for future construction, technology changes, and services.
E. A list of all officers, members of the Board of Directors, and all partners or
stockholders holding ten percent (10%) or more of TCI and each parent company.
A copy of all of TCI's written customer service rules and regulations, a statement of
current billing practices and a sample copy of the bill format, a copy of the current
subscriber service contract, and any technical requirements applicable to subscribers
and users of the Cable System.
MONITORING AND COMPLIANCE REPORTS
Upon request, TCI shall provide a written report of any and all FCC technical
performance tests of the residential network required in FCC Rules and Regulations as
now or hereinafter constituted.
ADDITIONAL REPORTS
TCI shall prepare and furnish to the City or its designee, upon request, at the times and in
the form prescribed by the City or such other regulatory entity, such additional reports
with respect to TCPs operation, affairs, transactions, or property, as may be reasonably
necessary and appropriate to ensure compliance with the material provisions of this
Franchise, or to permit the performance of any of the rights, functions or duties of the City
or such other regulatory entity in connection with the Franchise.
COMMUNICATIONS WITH REGULATORY AGENCIES
Upon ten (10) business days written request by the City, a summary, or, if the City so
requests, actual copies of all petitions, applications, communications and reports submitted
by TCI or any affiliate, to the FCC or any other federal or state regulatory commission or
agency having jurisdiction with respect to any matter affecting construction or operation
of the Cable system in the City, and any response therefrom, shall be submitted to the City
for review, providing that such petitions, applications, communications, reports and
responses are required by the City to ensure compliance with the terms herein.
In addition, TCI and its affiliates shall within ten (10) business days of any communication
to or from any judicial or regulatory agency regarding any alleged or actual violation of a
law, regulation or other requirement relating to the system, provide the City a copy of the
communication, whether specifically requested by the City to do so or not.
PRESERVATION OF CONFIDENTIAL INFORMATION
The City shall protect information designated as confidential by TCI to the maximum
extent permissible under KCW chapter 42. 17.
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TCI CABLE FRA~CmSE
DRAYr, June 23, 1997
9. SECTION 9 - CUSTOMER SERVICE POLICIES
9.1
RESPONSE TO CUSTOMERS AND COOPERATION WITH CITY
TCI shall promptly respond to all requests for service, repair, installation and information
from subscribers. TCI acknowledges the City's interest in the prompt resolution of all
cable complaints and shall work in dose cooperation with the City to resolve complaints.
9.2
COMPLIANCE WITH FCC STANDARDS
TCI shall at all times be in compliance with FCC Customer Service obligations 76.309,
Subpart II, or as may be amended. The City, however, reserves the fight to impose more
stringent requirements if it deems existing standards to be inadequate to deal with actual
customer service problems, and if its adoption of such requirements includes a public
hearing in which TCI among others is permitted to be heard.
9.3
FAILURE TO IMPROVE CUSTOMER SERVICE
The City or its designee shall review telephone response and customer service information
with TCI. It will be assumed that improvements will be made by TCI in the areas of non-
compliance from the last reporting period. Failure to do so may result in penalties being
imposed.
An unsatisfactory record will also result in the hearings being made part of an exhibit
under Section 626(c)(1)(A) and (B) of The Act alleging that such practices have failed to
conform with future refranchising requirements as stated therein. In addition TCI's
Corporate office, if appropriate, shall be advised of the City's findings.
9.4
REFUNDS FOR OUTAGES
Upon request, full credit will be given to a subscriber for the period of an outage if the
subscriber was without service for a period exceeding twenty-four (24) hours.
9.5
TERMINATION OF SUBSCRIBER SERVICE
Upon termination of any subscriber, TCI shall promptly remove all of its facilities and
equipment, excepting drop cable and internal wiring, from the premises of such subscriber
upon subscriber's request, except as provided in subsection (B), below.
Charges Upon Failure to Recover Equipment. Upon termination of services, should
TCI not promptly collect its equipment from the premises of the subscriber within five
(5) working days, the subscriber shall not be charged for continued services, nor for
failure to return any equipment.
Equipment Returns. Should TCI require the subscriber to return the equipment, TCI
shall establish convenient hours including evening and weekend hours, for return of the
equipment, and the subscriber shall have a reasonable length of time in which to return
the equipment. The subscriber shall be advised of the date by which the equipment
must be returned before a charge may be imposed for failure to return equipment.
9.6 DEFINITION OF "COMPLAINT"
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TCI CABLE F~CmSE
D~T, June 23, 1997
9.7
10.
10.1
For the purposes of Sections 8.2 and 9, with the exception of Subsection 9.7, "complaint"
shall mean any communication to the City by a subscriber or person who has requested
and has a right to be a subscriber on the cable system, expressing dissatisfaction with any
service or other performance or lack thereof by TCI under the obligations of this
Franchise; provided that the communication shall be regarded as a complaint only if the
person expressing the dissatisfaction has already expressed it to TCI, and TCI has failed to
remedy the cause of the dissatisfaction within a reasonable period of time and in a manner
consistent with the requirements of this Franchise.
CUSTOMER SERVICE AGREEMENT AND MANUAL
TCI shall provide to subscribers a comprehensive service agreement and a customer
manual for use in establishing subscriber service. This material shall, at a minimum,
contain the following:
A. TCI's procedure for investigation and resolution of subscriber service complaints
B. Services to be provided and rates for such services.
C. Billing procedures.
D. Service termination procedure.
E. Change in service notifications.
F. Liability specifications.
G. Converter/subscriber terminal equipment policy.
H. Breach of Agreement specification.
I. The name, address, and phone number of the person identified by the City as
responsible for handling cable questions and complaints for the City. This information
shall be prominently displayed in the manual, and TCI shall submit the information to
the City for review and approval as to its content and placement in the manual prior to
publication. Following initial approval by the City no subsequent approval shall be
required unless changes in content or replacement of material are made.
A copy of the customer service manual shall be provided to each subscriber at the time of
initial and any re-connection hookup, and thereafter no more than thirty (30) days
following any update of the manual reflecting material policy changes, and at any time the
manual is requested by the subscriber.
SECTION 10 - LINE EXTENSION POLICY
STANDARD INSTALLATION
TCI shall make service available, within sixty (60) days and at standard installation rates
and standard service rates, for every potential subscriber within the Franchise Area
existing at the time of the acceptance of this Franchise or in the future, subject to the
provisions of Section 10.3:
ho
Whose dwelling is one of a minimum of 20 dwelling units per linear aerial cable mile
O0 units per underground mile), or 5 dwelling units per 1/4 aerial mile (8 units per
underground ¼ mile), from the nearest existing cable plant; or
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TCI CABLE F~CmSE
DRAFt, June 23, 1997
10.2
10.3
Whose dwelling is situated such that cable constructed from the nearest existing cable
plant would pass an average of 20 homes per linear aerial mile (30 homes per
underground mile); or
C. Where connection to the potential subscriber's dwelling from cable plant constructed
as required under this Franchise requires no more than a 125-foot drop cable.
ISOLATED AREAS
Potential subscribers requesting service but requiring service extended beyond the
standard installation and service provisions under Sectionl0.1 shall be provided the first
125 feet of cable at the prevailing installation rate. Cable and service required beyond the
initial 125 feet will be provided under the following circumstances:
Where the potential subscriber, or any group including the potential subscriber, pays in
advance the direct and incremental cost of extending the line and making the
installation; or
Bo
Where the potential subscriber and TCI reach an independent agreement for the
provision of service, so long as the agreement does not involve any violation of the
requirements and standards of this Franchise.
ANNeXeD AmT~s
In the event that the City annexes any area, TCI shall make service available under the
terms of this Franchise within six (6) months following annexation. However, if the newly
annexed area is being provided cable service by an operator other than TCI, nothing in this
Franchise shall obligate TCI to provide service to that area so long as the other operator
provides facilities and services comparable to the facilities and services provided for under
this franchise.
11. SECTION 11 - COMPENSATION AND FINANCIAL PROVISIONS
11.1
FRANCHISE FEES
During the term of the Franchise, unless specifically requested to do so by the City, TCI
shall not pay a Franchise Fee to the City. However, within 30 days following a written
request by the City to do so, TCI shall, during the term of the Franchise, pay to the City a
Franchise fee consisting of a percentage of TCI's Gross Receipts, such percentage to be
specified by the City, not to exceed five percent (5%) of Gross Receipts. If any law,
regulation or valid rule alters the 5% franchise fee ceiling imposed by the Cable Act, then
the City shall have the right to alter the Franchise Fee percentage to be paid by TCI, up to
the maximum allowed by law. Nothing in this Section shall alter or affect the right of the
City to impose utility taxes, business and occupation taxes, or similar fees, upon TCI,
however, the aggregate total of such taxes and fees when taken together with the franchise
fee shall not exceed seven (7) percent.
Franchise Fees shall be paid monthly to the City or to such bank account of the City,
as may be designated by the City Treasurer, to be received on or before the thirtieth
Page 40
TCI CABLE FRANCmSE
DRAFt, June 23, 1997
(30th) day of the following month. Not later than the date of each payment, TCI shall
file with the City a written statement signed by TCI Officer or authorized
representative, which identifies in detail on forms furnished by the City the sources and
amounts of each category of Gross Revenues earned and Gross Receipts collected by
TCI during the month for which payment is made, following the provisions of Section
8.1. No acceptance of any payment shall be construed as an accord that the amount
paid is, in fact the correct amount, nor shall such acceptance of payment be construed
as a release of any claim which the City may have for further or additional sums
payable under the provisions of this Section.
Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than
10 days after the dates specified herein shall be delinquent and shall thereafter accrue
interest at twelve (12) percent per annum or two (2) percent above prime lending rate
as quoted by major Seattle banks, whichever is greater.
Co
The period of limitation for recovery of any Franchise Fee payable hereunder shall be
six years from the date on which payment by TCI is due. Unless within six years fi-om
and after such payment due date the City makes written request for an audit of TCI's
franchise fee payments, and upon a finding of underpayment of fees requests payment
of franchise fees due, such recovery shall be barred and the Franchising Authority shall
be stopped from asserting any claims whatsoever against TCI relating to any alleged
deficiencies.
Do
The City or its authorized agent may at any time and at the City's own expense
conduct an independent audit of the Gross Revenues of TCI in order to verify the
accuracy of Franchise Fees paid to the City. TCI and each parent company of TCI and
each affiliate shall cooperate fully in the conduct of such audit. In the event it is
determined through such audit that TCI has underpaid Franchise Fees by one percent
(1%) or more than was due the City, then TCI shall reimburse the City for the entire
cost of the audit and any back Franchise Fees with interest accrued at twelve (12)
percent per annum or two (2) percent above prime lending rate as quoted by major
Seattle banks, whichever is greater, within 30 days of the completion and acceptance
of the audit by the City. If it is determined through such audit that TCI has overpaid
Franchise Fees by one percent (1%) more than was due the City, then the City shall
reimburse TCI for all Franchise Fees overpaid.
11.2
OPEN BOOKS AND RECORDS
TCI shall manage all of its operations in accordance with a policy of keeping all books and
records related to the provision of Cable Service open and accessible to the City. The City
shall have the right as necessary for effectively administering and enforcing this Franchise
to inspect at any time during normal business hours upon reasonable notice, all books,
records, electronic or optical files, maps, plans, financial statements, service complaint
logs, performance test results, records required to be kept by TCI and any parent company
and affiliate, pursuant to the rules and regulations of the FCC and other regulatory
agencies, and other like materials of TCI and any parent company and affiliate which
directly relate to the operation of the Cable System in the Franchise Area. Access to the
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TCI CnBLE FP.A~CmSE
DRAFT, Juno 23, 1997
aforementioned records shall not be denied by TCI to representatives of the City on the
basis that said records comain "proprietary" information. However, to the extent allowed
by Washington law, the City shall protect the trade secrets and other confidential
information of TCI and any parent company. All books and records relating to TCI's
activities under the Franchise shall, upon request, be made available in the City of
Bremerton.
11.3
11.4
11.5
TCI agrees to meet with a representative of the City upon request to review its
methodology of record-keeping, financial reporting, computing franchise fee obligations,
and other procedures the understanding &which the City deems necessary for
understanding the meaning of reports and records.
The City agrees to request access to only those books and records, in exercising its fights
under this Section, which it deems reasonably necessary as part of a bona fide regulatory
or enforcement effort related to the material provision of this Franchise for the
enforcement and administration of this Franchise.
CONSTRUCTION I~.aRFORMANCE BOND
Before beginning any construction related work in the City of Bremerton related to the
system upgrade and/or rebuild of the current system, TCI shall furnish a construction bond
to the City. The bond shall be issued by a surety company authorized to do business in the
State of Washington, shall be reasonably acceptable to the City, and shall be in a sum of
$100,000, or the full amount of the estimated cost of construction, whichever is greater.
TCI shall pay all premiums and costs associated with maintaining the bond, and shall at a
minimum keep the $100,000 bond in full force and effect at all times.
FRANCHISE PERFORMANCE BOND
Prior to the effective date of this Franchise, TCI shall furnish an irrevocable Performance
Bond, issued by a surety company authorized to do business in the State of Washington in
an amount of not less than $50,000, guaranteeing performance of all obligations under the
Franchise, except the construction work related to the upgrading or rebuilding of the
current system for which a separate bond is required. The franchise performance bond
shall be in a form reasonably acceptable to the City and shall be maintained during the
entire term of the Franchise, including any extensions, and therea~er umil TCI or any
successor or assign has liquidated all of its obligations arising form this Franchise.
Neither the provisions of this Section nor any Performance Bond accepted by the City
pursuant thereto, nor any damages or other amounts recovered by the City pursuant
thereto, nor any damages or other amounts recovered by the City thereunder shall be
construed to excuse faithful performance by TCI or to limit liability of TCI under this
Franchise either to the full amount of the Performance Bond or othemrise, except as
otherwise provided herein.
RECOURSE AGAINST BONDS AND OTHER SECURITIES
Page 42
TCI CAm.~ FmU4CHIS~.
Dmso'r, June 23, 1997
Bonds and other security may be utilized by the City for the purposes, including, but not
limited to, reimbursement of the City by reason of TCI's failure to pay the City any sums
due under the terms of this franchise, reimbursement of the City for reasonable costs borne
by the City to correct franchise violations not corrected by TCI after due notice; and
monetary remedies or damages assessed against TCI due to default or violations of the
franchise.
Recourse. In the event the Franchise has been declared revoked or terminated under
the terms of this Franchise, and ifTCI fails, within thirty (30) days of mailing of the
City's finding, to pay the City any franchise fee or tax, penalties, or monetary
sanctions, or fails to perform any of the conditions of the franchise, the City may
thereafter foreclose against the performance or construction bonds and/or withdraw
fi.om any other security an amount sufficient to compensate the City's damage.q, with
interest at the legal rate. Upon such foreclosure or withdrawal, the City shall notify
TCI in writing, by First Class Mail, postage prepaid, of the amount and date thereof.
Restoration. Within thirty (30) days after mailing notice to TCI that the City has
foreclosed TCI's construction or performance bond or that any mount has been
withdrawn by the City fi.om the other security pursuant to subsection MA' above, TCI
shall deposit such further bond or sum of money, or other security, as the City may
require, sufficient to meet the requirements of this Franchise.
Rights of the City. The rights reserved to the City with respect to any bond or security
are in addition to all other fights of the City whether reserved by this Franchise or
authorized by law, and no action, proceeding, or exercise of a fight with respect to any
bond or other security shall constitute an election or waiver of any fights or other
remedies the City may have.
11.6
INDE~CATION BY TCI
A. TCI shall, at its sole cost and expense, indemnify, defend, and hold harmless the City,
its officials, boards, commissions, agents and employees against any and all damages,
costs, expenses, losses, taxes, claims, suits, causes of action, proceedings, liabilities
and judgments (collectively the "indemnified liabilities), arising out of the operation
and construction of the cable system under this Franchise, including the use,
generation, transportation, storage, treatment or disposal of any hazardous or
dangerous substances, wastes, or materials; except that no such requirement shall
apply where such indemnified liabilities are occasioned solely by the negligence, gross
negligence, or intentional misconduct by the City or its officials, boards, commissions
or employees while acting on behalf of the City. These indemnified liabilities shall
include, but shall not be limited to, the cost of any required or necessary repair,
cleanup, or detoxification, natural resource damage claims, damages or penalties
arising out of copyright infringements, and damages arising out of any failure by TCI
to secure consents from the owners, authorized distributors or licensees of programs
to be delivered by TCI's Cable System whether or not any act or omission complained
of is authorized, allowed, or prohibited by the Franchise. Indemnified expenses shall
include, bu not be limited to, all out-of-pocket expenses, such as costs and attorneys',
/(& Page43
TCI CXBLS F~'~ci-ns~-
D~-r, June 23, 1997
11.7
11.8
and accountants' fees, and shall also include the reasonable value of any services
rendered and separately billed by the Office of the City Attorney or any outside
consultants employed by the City.
If TCI fails to defend as required in Subsection (A) above, then TCI agrees to and
shall pay all expenses incurred by the City, and if officers, agents, and employees, in
defending itself'with regard to all claims, damages, and penalties mentioned in
subsection (A) above. These expenses shall include all out-of-pocket expenses, such as
attorney fees, and shall also include the reasonable value of any services rendered by
any employees of the City.
TCI INStmA~CV.
TCI shall maintain, throughout the term of the Franchise, a policy of comprehensive
commercial liability or comprehensive general liability insurance and a policy of
automobile liability, issued by an insurance carder authority to conduct the business of
insurance in the State of Washington by the Washington State Insurance Commissioner.
Said policy or policies shall pay on behalf of and defend TCI and the City, its officials,
boards, commissions, agents or employees from any and all claims by any person
whatsoever (including the costs, defense costs, attorneys' fees and interest arising
therefrom) on account of personal injury, bodily injury or death of a person or persons or
damages to property occasioned by the operations under this Franchise, or alleged to have
been so incurred or so caused, with a minimum combined single limit of not less than
$1,000,000 per occurrence and a minimum annual aggregate limit of $5,000,000. A
certificate of insurance evidencing this coverage and identifying the City as an additional
insured shall be provided to the City's Risk Manager. The certificate shall also provide for
30 days advance written notice to the City, by the insurer, prior to any coverage
modification or cancellation.
The City reserves the right to revise the policy requirements set forth above, during the
term of the franchise, as reasonably necessary to provide adequate coverage.
TAXES
Nothing in this Franchise shall limit TCI's obligation to pay applicable local, State, or
Federal taxes.
11.9
FRANCHISING COSTS
TCI shall pay to the City upon acceptance of this franchise the full amount of the City's
out-of-pocket costs associated with the franchising process. Costs shall include such
items as expenses, and the costs of publishing notices and ordinances, etc. Such payment
is not to be considered in lieu of franchise fee or tax payments. Payment is due within
thirty (30) days of receipt of appropriate invoice from the City.
Page 44
TCI CA~ F~CmSE
Dm~Fr, June 23, 1997
12.
12.1
SECTION 12 - MISCELLANEOUS PROVISIONS
POSTING AND PUBLICATION
TCI shall assume the cost of posting and publication of this Franchise as such posting and
publication is required by law and such is payable upon TCI's filing of acceptance of the
Franchise.
12.2
12.3
12.4
GUARANTEE OF PERFORMANCE
TCI agrees that it enters into the Franchise voluntarily in order to secure and in
consideration of the grant from the City of an eight-year Franchise. Performance pursuant
to the terms and conditions of this Franchise agreement is guaranteed by TCI.
Govmotmc; LAw ANO VENOm
The franchise shall be governed by and construed in accordance with the laws of the State
of Washington, and TCI agrees that any action brought relative to enforcement of this
franchise shah be initiated in the Superior Court of Kitsap County, and shall not be
removed to a federal court. However, in the case that TCI is adversely affected by any
final determination made by the City under Sections 621(a)(1), 625 or 626 of the Cable
Act, TCI may commence an action within 120 days after receiving notice of such
determination, which may be brought in a) the district court of the United States for the
judicial district in which the System is located; or b) in any State of Washington court of
general jurisdiction having jurisdiction over the City and TCI.
SEPARABILITY
If any Section, sentence, paragraph, term, or prov/sion hereof is determ/ned to be illegal,
invalid, or unconstitutional, by any court of competent jurisdiction or by any state or
federal regulatory authority having jurisdiction thereof, such determination shah have no
effect on the validity of any other Section, sentence, paragraph, term or provision hereof,
all of which will remain in full force and effect for the term of the Franchise, or any
renewal or renewals thereof.
12.5
12.6
12.7
12.8
CONSENT
Wherever the consent or approval of either TCI or the City is specifically required in this
Franchise, such consent or approval shall not be unreasonably withheld.
ORDINANCES TERMINATED
The cable television franchise as originally granted by Ordinance No. 3975, shah be
deemed terminated upon the effective date of this Franchise, provided that any unpaid
Franchise Fees and other outstanding liabilities and obligations of TCI to the City under
such pre-existing franchise shall survive such termination.
No TmRO PARTY BENEFICIARIES
There shall be no third party beneficiaries of this Franchise.
FRANCtHSE ORDINANCE ACCEPTANCE
P~e 4~
TCI CABLE FRANCHISE
DRAFt, June 23, 1997
12.9
12.10
TCI, within thirty (30) days at~er the date of passage of the Franchise by the City Council,
shall execute and return to the City three (3) original Franchise Agreemems, in which TCI
shall declare that it has carefully read the terms and conditions of this Franchise and
accepts all of the terms and conditions of this Franchise and the Franchise and agrees to
abide by the same. In accepting the Franchise, TCI shall indicate that it has relied upon its
own investigation of all relevant facts, that it has had the assistance of counsel, that it was
not induced to accept a Franchise, that this Franchise represents the entire agreement
between TCI and the City, and that TCI accepts all reasonable risks related to the
interpretation of this Ordinance and the Franchise. The Franchise Agreements shall be
returned to the City accompanied by the Construction Bond and Performance Bond and
evidence of insurance, all as provided in Sections 11.3, 11.4, and 11.7 of this Franchise. In
the event TCI fails to submit a Franchise Agreement as provided for herein, or fails to
provide the required accompanying documents, the Franchise shall be null and void.
INDEPENDENT CONTRACTORS
This agreement shall not be construed to provide that TCI is the agent or legal
representative of the City for any purpose whatsoever. TCI 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 whatsoever.
ENTIRE AGREEMENT
This agreement, including the appendices that are attached hereto and incorporated herein
by reference represents all of the covenants, promises, agreements, and conditions, both
oral and written, between the parties. However, the City reserves the right to waive any
of these sections without affecting the applicability of other sections not so specifically
waived. Waiver of any Franchise requirement by the City shall be in writing in order to be
effective.
12.11
12.12
SUCCESSORS AND ASSIGNS
This Franchise Agreement, including all appendices, exhibits and addenda, shah be binding
to TCI, its heirs, successors, and assigns.
NOTICE
Written notices shah be deemed to have been duly served if delivered in person to the
individual or entity for whom it was intended, or if delivered at or sent by resjstered or
certified United States mail to the last business address known to the party who ~jves the
notice.
All notices and requests shall be addressed to the City of Bremerton and TCI as follows
CITY
City Clerk
City of Bremerton
239 Fourth Street
Bremerton WA 98337
Page 46
TCI CABLE FRANCHISE
DRAFT, June 23, 1997
TCI
TCI Cablevision of Washington, Inc.
1225 Sylvan Way
Bremerton WA 98310
12.13
12.14
TCI West, Inc.
2233 112th Ave. NE
Bellevue, WA 98004
EFFECTIVE DATE
This Franchise shall be effective Provided,
however, that ifTCI does not accept this Franchise pursuant to Section 12.8 and comply
with all conditions for such acceptance set forth herein within thirty (30) days after
passage of this Franchise Ordinance, this Franchise shall be null and void.
APPLICATION FEE
Pr/or to consideration of this Franchise by the City Council, TCI shall pay to the City a
non-refundable application fee in the amount of five thousand dollars ($5,000). Such
application fee shall not be regarded as franchise fees, nor payment in lieu of franchise
fees.
12.15
TCI RESPONSIBILITY FOR COMPLIANCE DOCUME~ATION
It shall be the responsibility of TCI to maintain all management information and record-
keeping systems which will permit the clear, complete, and timely documentation of
compliance with the requirements of this Franchise, including but not limited to the
Customer Service Standards identified in Section 9.2; and any request by the City for such
documentation shall be satisfied by TCI no later than 15 days following the request.
APPROVED by the City Council this
day of ,199__.
PASSED by the City Council this
day of ,199__.
Approved this __ day of
DAVID FARR, Council President
,199__.
ATTEST:
LYNN S. HORTON, Mayor
KATHLEEN L. McCLUSKEY, City Clerk
Page47
TCI CABLE FRAnCHiSE
DRAFT, June 23, 1997
APPENDIX A
Hardwired Locations
City Council Chambers
Olympic College - 2 locations
Bremerton High School - 3 locations
Admiral Theater
Fourth and Pacific
Sixth and Pacific
Lions Field
Page 48
TCI CABLE FRANCHISE
DRAFT, June 23, 1997
APPENDIX B
Basic Service Locations
All current and furore City owned and City occupied buildings and Bremerton Schools as
well as the following:
City
Permit Center
Public Works Complex
Vehicle Maintenance Facility
Utility Headquarters
Forestry Headquarters
Wastewater Treatment Plan
Fire Station 1
Fire Station 2
Fire Station 3
Fire Training Facility
Parks Headquarters
Swimming Pool
Senior Center
Pendergast Sports Complex
Gold Mountain Golf Course
Police West Precinct
Admiral Theater
Community Theater
Fifth Street Library
Bremerton Schools and Administration Offices
Olympic Community College
Page
TCI CABLE FRANCHISE
DRAFr, June 23, 1997
APPENDIX C
Institutional Network Locations
All current and future City owned buildings as well as the following in priority order:
Priority #1
City Hall
Permit Center
Public Works Complex
Vehicle Maintenance Facility
Utility Headquarters
Forestry Headquarters
Wastewater Treatment Plant
Fire Station 1
Fire Station 2
Fire Station 3
Fire Training Facility
Parks Headquarters
Swimming Pool
Senior Center
Priority #3
Kitsap Regional Library
Bremerton Public Schools
Olympic College
Kitsap Transk
Harrison Hospital
Cencom
All County Offices
Fire Districts
PSNS
Turner Joy
Priority #2
Pendergast Sports Complex
Gold Mountain Golf Course
Police West Precinct
Admiral Theater
Community Theater
Fifth Street Library
All Pump Stations
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