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HomeMy WebLinkAbout1440a • ORDINANCE NO. /1/910 AN ORDINANCE granting to Jack Chapman a franchise to stretch wires andeables and appurtenance structures over and under the streets and alleys of the City of Port Angeles and to maintain and use the same as a coaxial cable distribution system for television distribution to subscribers' residences and to busi- ness and public establishments. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PORT ANGELES: Section 1. The City of Port Angeles, hereinafter called the grantor, does hereby grant to Jack Chapman, and to his heirs and assigns, the right, privilege and authority and franchise to operate in, over, upon and under the streets, alleys and public highways of the City of Port Angeles and to stretch wires and cable on all streets and to make connections to City utility poles and to erect antennas or other appurtenances thereon and to maintain and use the same as a coaxial cable subscription system for television signal distribution to subscribers' homes and to business establishments within the City of Port Angeles. Section 2. The construction authorized herein shall be done only in accordance with methods approved by the Superinten- dent of the Light Department and in accordance with regulations adopted by the City Council for safety purposes. Section 3. All poles, cables, wires antennas or other appurtenances shall be constructed and erected in a workmanlike manner. Nothing in this ordinance shall be construed to prevent the City from sewering, planking, bridging, grading, altering or otherwise improving any of the streets of the City. This ordi- nance shall further not be so construed as to deprive the City of • • 1 any rights or privileges which it has now or which may be con- ' (erred upon it to regulate the use and control of streets. The City shall further have at all times the right to make use of the poles of said grantee for the wires, cables or conductors for any and all City -owned wire systems provided that such use does not conflict with grantee's prior occupancy. Section 4. All construction hereby authorized shall con- form to the requirements of the National Electric Safety Code of the State Of Washington and the City of Port Angeles. Section 5. The rights, g , privileges and franchise herein granted shall cease and terminate fifteen (15) years after the effective date of this ordinance. Section 6. The grantee shall indemnify and safe.the City free and harmless from any liability, loss, cost, damage or ex- pense from accident or damage, either to itself or to persons or property of others which may occur by reason of the exercise of the rights and privileges herein granted, and shall repair all damage done to streets, alleys or other City structures by grantee. Section 7. The grantee shall pay to the City of Port Angeles on the tenth day of February each year an amount equal to three percent (3) of the gross income received for services rendered in the City of Port Angeles for which any part of the rights exercised under this franchise are used. This annual pay- ment shall be based on the gross income for the twelve months pre- ceding December 31 of each year. However, for the first three (3) years following the effective date of this franchise there need not be included in the gross income those sums received by • grantee for installation, construction or connection work. All payments made hereunder by the grantee to the City shall be off- set or credited against any other license, excise or privilege taxes imposed by the City against grantee. Section 8. Grantee shall within thirty (30) days after aff- the effective date of this ordinance file with the City e4. ter written acceptance of this franchise and the terms im- II posed. Grantee shall further at the same time file a good and sufficient bond in the penal sum of Ten Thousand Dollars ($10,000.00) executed by a surety company authorized and qualified ,, to do business in the State of Washington, conditioned to strictly P conform to the provisions, conditions and covenants of this ordi- nance, and indemnify and saving harmless, the City from and against any and all claims, suits, loss, costs or damage of every '! kind and description which may accrue to or be suffered by the City or by any one by reason of anything that may be done by said grantee or by reason of grantee failing or refusing to strictly comply with each and every provision of this ordinance or this franchise is null and void. The grantee shall further maintain liability insurance with bodily injury liability of $100,000.00 for each person and $200,000.00 for each accident and property damage liability of $50,000.00 each accident, $100,000.00 aggregate. Section 9. That said grantee shall have the right to charge and collect reasonable compensation from all persons and corporations to whom it shall furnish television reception service. It is agreed that until otherwise provided by State law, the legislative authority of the City shall have jurisdiction and control over the services authorized by this franchise and all • rates and charges therefor, to the same extent as the Public Ser•- vice Commission of the State of Washington now has over the rates, charges and service of utilities which are subject to the juris- diction of such Commission: Provided, that the Legislative authority of the City shall never prescribe rates other than such as shall be just, reasonable, adequate and sufficient, and that its jurisdiction and controll shall at all times be subject to review by the courts. Section 10. Grantee by the acceptance of this franchise agrees to make his facilities available and to render good and sufficient service as soon as practicable and in accordance with good business practices to all inhabitants of the City of Port Angeles if economically feasible. Section 11. The rights and privileges hereby granted shall at the option of the City Council cease and terminate and this ordinance shall be of no further force and effect unless grantee starts actual construction within six (6) months from the effective date of this ordinance. Section 12. The grantee shall at the end of each three (3) month period supply a list of his customers, with addresses, to the City of Port Angeles and shall not furnish service to any subscriber without obtaining a waiver from each subscriber holding the City of Port Angeles harmless from any claims for interruption or discontinuance of service in a form to be prepared by the City Attorney of the City of Port Angeles. Section 13. Whenever it becomes necessary to temporarily rearrange, remove, lower, or raise the aerial cables or wires • or other apparatus of the grantee to permit the passage of any • building, machinery or other object, the said grantee will per- form such rearrangement on seven (7) days written notice from the person or persons desiring to move said building, machinery or other objects. Said notice shall bear the approval of such official as the City Council may designate, shall detail the route of movement of the building, machinery or other objects, shall provide that the cost incurred by the grantee in making such rearrangement of itsaerial plant will be borne by the person or persons giving said notice and shall further provide that the person or persons giving said notice will indemnify and save said grantee harmless of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the aerial plant of the grantee excepting such damages as may result from the negligent acts or omission of the grantee in making such temporary rearrangements. Section 14. Grantor reserves to itself and to each other owner of facilities upon its poles the right to maintain said poles and to operate their facilities thereon in such manner as will best enable them to fulfill their own service requirements, and neither grantor nor any such other owner shall be liable to grantee for any interruption to grantee's service or for any interference with the operation of grantee's equipment arising in any manner from the use of such poles and the facilities thereon by grantor and each such other owner. If grantor elects to aban- don or relocate any of its poles the grantee shall bear the ex- pense of relocating his equipment. section 15. Grantor reserves the right to inspect at all times the equipment of grantee and at reasonable times the books and records of grantee. Section 16. If the grantee, his successors or assigns, shall fail to comply with the terms of this ordinance, the City Council may declare this grant, and all rights and privileges herein conferred, forfeited, and upon adjudication of forfeiture, ,by a court of competent jurisdiction, this franchise shall become null and void. Upon termination of this franchise for any rea- .son the grantee shall remove all attachments to City -owned poles. Section 17. This franchise may be assigned with the approval of the City Council. PASSED by the City Council of the City of Port Angeles and approved by -itts Mayor pat a �re�gular meeting of said Council held on the ��) ✓�C day of Ecptcml3ci4: 1959. ATTEST: City Clerk APPROVED AS TO FORM% City Attorne„ PUBLISHED: 1'GG� • /9.31