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HomeMy WebLinkAbout2660 ORDINANCE NO. AN ORDINANCE granting to NORTHWEST COMMUNITY CABLE T.V. CO.,INC., its successors and assigns, a license to construct, operate and maintain a coaxial cable subscriber system' for television, radio and other audio-visual electrical signal distribution throughout the City of Bremerton, and revoking Ordinance NO. 2592. THE CITY OF BREMERTON DOES ORDAIN: Section 1. The City of Bremerton, hereinafter referred tQ as the City, hereby revokes and cancels Bremerton City Ordinance No.~ 2592 and said ordinance hereafter is of no force or effect whatso- ever. Section 2. The City of Bremerton~hereby grants to North- west Community Cable T.V. Co.,Inc., a Washington corporation, herein- after called the licensee, and to its successors and assigns, the right, privilege and authority, to install, lay down, maintain and operate a coaxial cable subscriber system for television, ra~io and other audio-visual electrical signal distribution in, over, on and under the streets, alleys and public highways of the City, with the necessary manholes and other appurtenances therefor, and to erect poles, with or-without crossarms, and to stretch wires and cables on, across and under all streets, to maintain and use the same far ~he purpose of constructing and operating a coaxial cable dis~i~ution system for television, radio and other audio-visual electri~14!~l distribution to subscribers; and whenever it is practicable and with written permission of the owner, to make use of poles already erected in said streets, licensee shall make use of such poles, except that in any district which has been or shall hereafter be by ordi~n©e desig- nated as a district in which telephone, telegraph and elec~cr~ic wires and cables shall be laid underground, licensee's coaxial cable must in said areas or districts likewise be run underground, amd licensee shall likewise place underground its existing cables in those dist- ricts whenever designated by ordinance'as a district requiring other utilities to place their wires and cables underground. -1- Section~. All polea, cables, wires, antennas, conduits, or appurtenances, shall be constructed and erected in a neat, work- manlike manner. The City shall not be held liable for any disturbance of licensee's installations resulting from the City's use or occu- pancy of the right of way for any reason. Licensee shall, at its own expense, move or relocate any of licensee's installations, at the req. uest of the City,'where licensee's installations will at a~y time interfere with a City installation, or any proposed chaD. ges thereof or extensions thereto. This ordinance shall not be construed so as to deprive the City of any rights or privileges which it now has or may here- after have, to regulate the. use and control of its streets. $~ct~on 3. The City shall at all times have the right to make free use of any or all of the licensee's poles for attach- ment of wires and ~e~q. uipment used in connection with any City-~ed signal or Control system. Section 9. Ail the construction of the licensee~ in- cluding installation, shall conform to the National Electrica. l....Code, National Electrical safety Code, State of Washington. Wiring Co~e, and the City of Bremerton regulations,. governing overhead an~ mnder- ground construction and maintenance of wires and cables carrying low voltage electricity. Licensee shall submit all plans required by the City before beginning any construction. Section ~. After any construction or repairw~rk, the licensee shall restore the streets promptly to their origiaal condi- tion and to the satisfaction of the City Engineer. Section 7. The licensee shall indemnify and save the City harmless from any liability, loss, cost, damage.or expense due to. casualty, accident or damage, either to the City or to other persons or proper~y, whichmay at any ti~e arise or ~ccur by reason of the exercise of the rights and privileges herein granted. Section '~. Licensee shall lay all cables, wires and lines both on the public and private properties of the City at~'its -2- own expense, but licensee shall have the privilege of charging its customers both a connection fee to bring the service to their prop- erties,.and a monthly fee for their continued use of the service. Section~. Licensee agrees that during the life of this license, and/or renewals thereof, it will maintain in full force and effect,.with a carrier or carriers satisfactory to the City, the following: (a) Compensation insurance complying with all the workman's insurance and s~ety laws of the State of Washington, and amendments thereto; (b) Bodily injury liability insurance, with limits as may be required by the City of Bremerton, but not to exceed $100,000.00 each person and $300,000.00 aggregate; (c) Property damage liability insurance, with limits as may be required by the City of Br~merton, but not to exceed $50,000.00 each accident. section ~.01... During the .term this license remains in ~ffect, licensee shall post with the City a bond in the sum of $5,000.00 conditioned upon the faithful performance of the conditions and terms of the license, and providing a recovery on the bond in case of failure to perform the terms and conditions of the license. Said bond may be for a period of one year, or more; provided that a bond is in effect at all times during the term of this l~cense. Section 1~. The rights and privileges of the license, shall continue for a period of ten (10) years from January 1, 1965, and licensee, at the termination of this period, or earlier if facilities of licensee cease to be used or served by the licensee, shall at its own cost and expense remove all construction and install- ations hereby authorized from the City streets and ways, and shall p~ace all portions of said streets and ways that may hs~e been dis- turbed in their original condition, to the satisfaction of the 'City Engineer. If complete removal remains uncomplied with for ninety (90) days from notice to licensee sent by regular first class --3-- class mail to its~registered office, the City may remove or cause to be removed said facilities and equipment, and licensee s~all thereupon be required to p~y the cost thereOf~ provided, however, that so much of the bond set forth in Section 10 as may be required to pay said costs shall be forfeite~ to the City for payment ~ere- of. Licensee shall pay to the City any additional costs of red, oval not covered by said bond~ CT the City may elect to forfeit all interest of licensee in said facilities and equipment. i~°~ of use or service by licensee herein shall me~ failure to provide service to subscribers for a period ~n excess of thirty (30)days, without good cause. Section 12. Licensee shall pay an ann~al license fee to the City of Bremerton of 3-7/8 per cent of ~he gross revenue received by licensee from its ~astomers within Bremerton as t~e seme is now or may hereafter be constituted, for use of the City streets, rights-of-way, properties, and for necessary inspection and policing of installation, operation and maintenance. Said payments shall be made on or before the 1st day of January, April, July and Oat~ber of each year, and such annual license fee shall be credited against Business and Occupation Tax, if any, as might o~!se be ahab. ged to licensee. In computing the gross reoeive~ fr~m the oper~t~n of said licensee, charges made and paid for the installation or ~nnec- tion work to customers shall not be considered gross income. This provision shall not be so construed as to exempt the licensee fro~ any lawful taxation upon its property, or charges' or impositi~ns thereon, not levied on account of the use contemplated by t~is license, and the license, granted herein. ~remerton City Co~ncil, or their authorized agents, shall have the right to inspect the ~ooks or records of licenseeat .reasonable times for the purpose of ascertaining accurately what the actual gross receipts of licensee may be, per annum. Said license fee shall not be specially charged to licensee's customers. Section 13. This ordinance shall be null and void -4- unless the licensee shall within thirty (30)days after its pass~ge, approval and publication, file with the City Clerk of t~he City its writte~ acceptance of all terms and conditions hereof. Section 14. The licensee shall pay all expenses con- nected with the publication of this ordinance. Section !5. The City reserves the general right to see that the system of the licensee is constructed and =~intained in a safe condition, and if an unsafe condition is found to exist, to order the licensee to make necessary repairs and alterations forthwith~ and if the licensee shall-fail to make the necessary repairs and alter- ations, the City may make them or have them made, and collect all cost and expense thereof from the licensee. Section .1.~. Upon f&ilure of the licensee to ~o~ply with any of the provisions or conditions thereof, or of any p~visions, restrictions or limitations contained in the City'S e hatter, within sixty (60) days after service of notice to. comply with any such pro- vi~, conditions,' restrictions or limitations, made and se~e~ by order of the Bremerton City Commissioners upon the licensee, said Commissioners shall be authorized upon behalf of the City to ~eclare by ordinance an immediate forfeiture of this license, and said Commissioners may in such case declare and enforce such foEfeit~e. Section 17. If any section, sentence, clause or pb. rass of this ordinance should be held to be invalid or illegal' the in- validity or illegality thereof shall not affect the validity or legality of any other section, sentence, clause or phrase of this ordinance. In the event the payment of 3-7/8 per cent of the gross revenue by the licensee to the City in lieu of other taxes is held invalid or illegal' the City Business and Occupation Tax shall be payable by the licensee. Section 18. ~he license herein granted shall not be assignable :by action of licensee or his successors, nor at law, except upon written approval of the City, and in the event of bank- ruptcy, voluntary or involuntary, of licensee, the remedies and elections provided to the City in Section 11 heretofore set forth --5-- shall apply. APPROVED on first reading this c~~- ~a¥ of PASSED on se~d reading by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passage this ~f~/ day of ATTEST = E. H. T. M~' -6- COMES N0W NORTH%~'~T COMMUNITY CABLE T. V. CO., INC., and accepts B~emerton 0ity 0~linance No. 2660 and all of its terms and conditions. This acceptance is made pursuaut to Sectioo 13 of said 0r~inance, and the City Clerk ef the City of B~emerton is hereby requested to file this acceptauce with the ~ecords of th~City of Br~mertee. Dated: December . 4~~1965. Its Attorney Agent. DEC 91965