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HomeMy WebLinkAbout2470ORDINANCE NO. 2470 AN ORDINANCE granting a non - exclusive franchise renewal to Port Angeles Telecable, Inc., to operate and maintain a community antenna television system, and to distribute the signals as herein provided in the City of Port Angeles. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1 - Definitions. For the purpose of this ordinance, the following terms 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 include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. (1) "City" is the City of Port Angeles. (2) "Company" is Port Angeles Telecable, Inc., the grantee of rights under this franchise, including its successors or assigns. (3) "Council" is the City Council of the City of Port Angeles. (4) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. (5) "Technical facilities" or "facilities" shall mean all real property, equipment fixtures used by Company in the distribution of its services through its system, and includes but is not limited to poles, cables, wires, microwave transmitters, antennas, amplifiers, etc. (6) "Television System Services" or "system services" or "system" shall mean all of the services provided by Company or available to Company to provide through its technical facilities by the grant of this franchise, and shall include but not be limited to the distribu- tion of television and radio signals. -1- (7) "F.C.C." means Federal Communications Commission. (8) "N.C.T.A." means National Cable Television Association. Section 2 - Grant of Authority. City grants to Port Angeles Telecable, Inc., the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the City, poles, wires, cables, conduits and other technical facilities necessary for the construction, maintenance and operation in the City of a community television system for the interception, sale and distribution of television system services. This franchise is not exclusive, and the City reserves the right to grant a similar use of streets, alleys, public ways and places to any other person at any time during the period of this franchise. Company may use City utility poles where there is no interference with other services or cost to the City; provided that Company shall have entered into a pole rental agreement with the City prior to the beginning of the franchise term. Section 3 - Compliance with Laws, Rules and Regula- tions. At all times during the term of this franchise, Company shall comply with all applicable laws, rules and regulations of the United States of America, the State of Washington, and the City of Port Angeles; including all agencies and subdivisions thereof. Company shall be subject to the lawful exercise of the police power of City and to such reasonable regulations as City may from time to time hereafter by resolution or ordinance provide. Any privilege claimed hereunder in any street or other public property shall be subordinate to any prior lawful occu- pancy of the street or other public property. Section 4 - Company Liability, Indemnification of City, and Insurance. (1) Company shall at all times conduct its operation under this franchise, including installation, construction or -2- maintenance of its facilities, in a safe and workman- like manner so as not to present a danger to the public or City. (2) Company shall pay, save harmless and indemnify City from any loss or claim against City on account of or in connection with any activity of Company in the construc tion, operation or maintenance of its technical facili- ties and system services. (3) The franchise shall not be effective until Company secures, and shall at all times be conditioned upon Company maintaining, a comprehensive liability insur- ance policy which shall contain the following provi- sions: (a) Bodily injury policy limits of $1,000,000 for each occurrence. (b) Property damage policy limits of $1,000,000 per occurrence. (c) Automobile insurance in the following amount: Bodily injury per occurrence $1,000,000 Property damage $1,000,000. (d) An endorsement for completed operations coverage. (e) A designation of City, its officers, agents and employees, as additional insureds for liability arising from or in connection with this franchise. (f) A certificate evidencing insurance as described in this franchise shall be filed with the City Clerk. Section 5 - System Standards. For the term of this franchise, Company shall design, construct, operate and maintain its technical facilities and provide system services as follows: (1) General Considerations. (a) Technical Standards: The technical standards and guidelines of the Federal Communications Commission and all subsequent amendments and additions thereto shall -3-- apply to the design, construction, installation, operation, and maintenance of the system. The design, construction, installation, operation and maintenance of the system shall also comply with all other applicable Federal, State and local governmental regulations as now or hereafter amended, and the Recommended Practices of the National Cable Television Association (N.C.T.A.) as now or hereafter updated. (b) Design: The system shall be designed, construc- ted, and operated incorporating the state- of -the- art configuration and operation that are technically and economically feasible. (c) Size: The system shall be a minimum of 300 MHz, capable of 30 channels, shall be activated with an initial minimum of 23 channels of service and FM stereo radio capability. Within three years of the effective date of this Ordinance, the Company shall have upgraded the system to a 330 MHz operation with at least 35 channel capacity. At any time after five years from the effective date of this Ordinance, if six or more of the systems listed in attached Exhibit "A" have installed or upgraded to 400 MHz operation with approximately 54 channel capacity, or have installed addressable on- premises converters, the City Council may request consideration by the Company of a similar rebuild of the system to 400 MHz operation or the installation of addressable on- premise converters. The Company and City shall jointly consider such a rebuild and upgrade or installation of converters. At the request of either party, the City shall hold a public hearing -4-- to consider such factors as whether such rebuild or upgrade or installation of converters is com- mercially feasible, and whether there is a con- sumer demand for such services. An independent random poll of Company's subscribers on such upgrade and /or installation of addressable con- verters shall be conducted by the parties. At the conclusion of this consideration process, and provided that a majority of those subscribers responding to the poll favor such upgrade and /or installation of addressable converters, the City Council may direct Company to make a similar upgrade of the system to 400 MHz and /or to install addressable on- premise converters, within 24 months of such determination and notice to Company. (d) Interactive Service: The system shall have the capacity for 2 -way, non -voice return communica- tion, including addressable equipment. (e) Access - Limitation Equipment: Upon subscriber request, Company shall make available suitable devices for limiting access to cable channels at actual cost to the Company. (f) Access Channels: Company shall provide three access channels for use by public schools and governmental agencies. Initially, one channel shall be dedicated for such use until such utilization warrants separate viewing channels. The City Council may require Company to activate the second access channel for such use when the system is upgraded to 330 MHz; provided that the first channel is in use 80% of the weekdays for 60% of the time between 8 AM and 11 PM for ten consecutive weeks. Thereafter, if the first -5- channel's volume of programming is less than the above specified limit for ten (10) consecutive weeks, then the second channel shall revert to the control of Company, to be programmed at Company's discretion until such time as the specified limit may again be exceeded. The City Council may require Company to activate the third access channel for such use when the system is upgraded to 400 MHz; provided that the first two channels are in use 80% of the weekdays for 60% of the time between 8 AM and 11 PM for ten (10) consecutive weeks. Thereafter, if the second channel's volume of programming is less than the above specified limit for ten (10) consecutive weeks, then the third channel shall revert to the control of Company, to be programmed at Company's discretion until such time as the specified limit may again be exceeded. Company shall provide local access channel capacity for commercial use as required by Section 612 of the Cable Communications Policy Act of 1984 as amended. (g) Access Facilities and Equipment: Company shall provide the necessary connections between Company's equipment and production locations chosen by the public educational and governmental agencies utilizing the access channel(s). Company shall make available, upon request from the City, a cable compatible character generator presently owned by the Company and a fund of up to $12,500 for the purchase of production equipment for use by public educational and governmental agencies in their utilization of the access channel's). -6-- (h) Termination Point: Company shall provide its residential subscribers the option of terminating service outside the residence; provided that such subscribers sign an agreement with Company to hold Company and the City harmless from any liability, to comply with Company and FCC installation requirements, to pay Company charges for an initial inspection of installation and service necessitated by problems with the subscribers' on- premise equipment, and to allow Company to fix such problems or disconnect the faulty on- premise equipment. (2) Construction. The construction shall follow the best practices of the industry and shall be such that it will be compatible and not interfere with the free passage of traffic and /or pedestrians, the free use of adjoining property, and public utility services as provided elsewhere in this franchise. Installation shall conform to the applicable provisions of the National Electrical Code and shall utilize strand cable and electronic devices, all of specialized and advanced design and type. (3) Operation. In operating the system, Company shall provide its subscribers within the City with good quality tele- vision reception, station selection, and other system services, and shall employ personnel with training, skill and experience in electronics and communications. (4) Maintenance. Company shall maintain and improve the technical facilities of its system according to the best accepted practices and standards in the community antenna television industry and according to F.C.C. regulations and the technical requirements of providing improved -7- system services to Port Angeles. An F.C.C. Certificate of Compliance shall be held by the Company, if required by the F.C.C. (5) Free standard outlets of basic service shall be provided the City schools, Fire Hall, and other City government facilities as follows: (a) City schools: One free outlet each; (b) Fire Hall and other City government offices: Maximum of three outlets. Section 6 - Programming. (1) The system shall regularly carry a broad mix of programming, which to the extent available, shall include children's programming, news and public affairs programming, arts programming, sports programming, public television programming, educational and scientific programming, commercial network programming, movie programming, and local programming. (2) The system programming shall comply with F.C.C. regulations as now or hereafter amended. Section 7 - Customer Service. Company shall have authority to promulgate such reasonable rules and regulations governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise, and to assure uninterrupted service to its customers. Company rules and regulations shall be subject to the provisions of this ordinance and any other governmental regulations. Company shall adopt, publish, and disseminate to subscribers customer service rules which shall include as a minimum the following: (1) Company shall provide 24 -hour telephone response service with technical staff available for customer trouble calls and shall maintain a business office staff adequate to process complaints, requests for installation, service or repairs and other business in -8- a timely and efficient manner. Such business office and telephone response service shall have a publicly listed local telephone number. (2) Company shall respond promptly to any complaint concerning billing, employee courtesy, programming, safety, or Company policy and shall keep a record of all complaints requiring service calls. (3) Company shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. (4) To ensure that repairs are made as promptly as pos- sible, Company shall have an identified repair person or persons on call as necessary for service calls on weekends and holidays, and all repair personnel shall be on call for emergency responses during the week. (5) Repairs and responses to customer complaints shall be on the same day as the customer contact was received to the extent possible using Company's best efforts and except as otherwise specified herein. (6) Company shall provide all subscribers and prospective subscribers with complete, clear, and concise written information concerning all services and rates, which information shall specifically include a caveat to subscribers that on de- scrambled (i.e. premium) channels a white line is constantly visible on the left side of some television sets, and shall use its best efforts to provide all subscribers with information regarding billing and collection procedures, procedures for ordering changes in or termination of services, and refund policies. (7) Company shall comply strictly with all provisions of the privacy policy as contained in the provisions of the Cable Communications Policy Act of 1984 and all -9- other applicable Federal, State and local laws, regula- tions, or ordinances regarding invasion of privacy. (8) Company shall provide a pro -rata rebate of monthly fees to any subscriber whose service is interrupted for 24 or more consecutive hours after notification to Company of service interruption, except for reasons beyond the Company's control, upon such subscriber request. (9) Should a subscriber have an unresolved complaint regarding Company's service, actions or non - actions, such complaint may be lodged with the City, or the designee of the City. Section 8 - Condition on Street Occupancy. In addition to the City's Right -of -Way Use Ordinance and other applicable laws, Company shall comply with the following provisions: (1) Use. All transmission and distribution structures, lines and equipment erected by Company within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the streets, alleys or public ways or places. (2) Restoration. In case of any disturbance of pavements, sidewalks, driveways or other surfacing by Company, the City shall be immediately notified. The City shall make the necessary repairs which will be paid for by Company. (3) Relocation. If at any time during the period of this franchise the City shall lawfully elect to vacate, alter, relocate or change the grade or width of any street, alley or other public way, Company, upon reasonable notice by the City, shall remove and relocate its poles, wires, -10- cables, underground conduits, manholes, or other distribution facilities at its own expense. (4) Placement of Fixtures. Company's construction must conform to the practices of the municipal utilities, electrical, telephone and others, and be compatible with their use of facilities and equipment. Company's technical facilities shall not be placed where they will interfere with any other facilities and equipment. All facilities placed in the streets and alleys shall be placed as the City directs. When it is necessary for the City to move the facili- ties of or perform other services for Company, it shall be done at the expense of Company. (5) Temporary Rearrangements of Facilities. Company shall, upon receipt of seven (7) days' written notice from anyone desiring to move a building or other object, according to City ordinances regulating the moving of buildings, arrange to temporarily raise, lower or otherwise move its facilities to permit the moving of buildings or other objects if the person wishing to move the building or other object makes a reasonable arrangement to reimburse Company for its expenses in rearranging its facilities. (6) Interruption of Company Facilities. The City 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 a manner as will best enable them to fulfill their own service requirements, and neither the City nor any other such owner shall be liable to Company for inter- ruption to Company's service or for any interference with the operation of Company's equipment arising in any manner from the normal and non - negligent use of such poles and the facilities thereon by the City and -11- each such other owner. If the City elects to abandon or relocate any of its poles, Company shall bear the expense of relocating its equipment. (7) Tree Trimming. Company may trim trees upon or overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches from coming in contact with the facilities of Company, all trimming to be done under the supervision of the City and at the expense and liability of Company. (8) Underground. Company will place its facilities underground where other utilities, which have been overhead, are underground. Section 9 - Discriminatory Practices Prohibited. Company shall make its system services available to all citizens of City without discrimination and shall not give any person any preference or advantage not available to all persons similarly situated. Section 10 - Coverage Areas. Coverage of the City and annexed areas shall be uniform and complete. Appeal may be made to the City Council for relief when extremely costly or unusual installations are required. Section 11 - Transfer of Ownership. Any franchise approved by the City shall be based upon an evaluation by the City, of the technical, financial, and legal qualifications, and other criteria as such pertain to each particular applicant. No franchise can be sold, transferred, leased, assigned, or disposed of in whole or in part either by sale, voluntary or involuntary, merger, consolidation or otherwise, unless approval is granted by the City Council under the same terms and conditions as the original franchise or as it may be subsequently amended by mutual agreement to insure a review of unforeseen circumstances not present at the time of the original franchise. -12- An assignment of a franchise shall be deemed to occur if there is an actual change in control or where ownership of fifty percent (50 %) or more of the beneficial interests, singly or collectively, are obtained by other parties. The word "control" as used herein is not limited to majority stock ownership only, but includes actual working control in whatever manner exercised. Company shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of the Company. Every change, transfer or acquisition of control of the Company shall make the franchise subject to cancellation unless and until the City shall have consented thereto. In the event that the City denies its consent and such change, transfer or acquisition of control has been effected, the City may, based on written findings applying the criteria referred to herein, cancel and repeal the franchise unless control by Company is restored to a status acceptable to the City Council. Company may seek judicial review of the City's denial of consent to transfer of ownership by commencing litigation in Clallam County Superior Court within 30 days of such denial; provided that such judicial review shall be based on the arbitrary and capricious standard of review. Approval of the City shall not be required if said transfer is from Company to another person or entity, controlling, controlled by or under common control with the Company. Approval shall not be required for mortgaging purposes; provided that less than fifty percent (50 %) of the beneficial interests, as described above, are affected by such mortgage. Upon the commencement of a foreclosure action or other actions which could possibly result in a judicial sale of all or a substantial part of the cable system, Company shall notify the City Council of such fact, and such notification shall be treated as a notification that a change in control of Company has taken place, and the provisions of this Ordinance governing the consent -13- of the City Council to such change in control of Company shall apply. Any transfer or assignment approved by the City shall be evidenced by a written instrument, a duly executed copy of which shall be filed within sixty (60) days after the approval of the transfer or assignment by the City. By said instrument, the assignee shall agree to comply with all terms of this Ordinance. The City shall have the right, at its sole discretion, to require that any conditions in the original franchise be fulfilled prior to such transfer. Furthermore, the City may ask that a review be made of the terms of a new franchise to determine whether unforeseen circumstances, not present at the time of the original franchise, are now pertinent to the City, and that such conditions, if any, be incorporated in a new franchise agreement acceptable to the City. Such costs associated with this process shall be reimbursed to the City by the new prospective franchisee. Section 12 - City Rights in Franchise. (1) Use of System by City. City shall have the right to use Company's technical facilities for police and fire alarm systems or any other City -owned facilities of any nature. City use of Company facilities shall at all times comply with the rules and regulations of Company, and shall not compete or interfere with Company's use. (2) City Supervision and Inspection. The City shall have the right to supervise all construc• tion or installation of Company facilities subject to the provisions of this ordinance and to make such inspections as it shall find necessary to ensure compliance with governing laws, rules and regulations. (3) Termination or Abandonment of Franchise. Upon any termination of this franchise, whether before the expiration of the franchise or upon expiration or -14- by any abandonment of the franchise by Company, all technical facilities installed or used by Company shall be removed by Company at Company's expense and the property upon which the technical facilities were used restored by Company to the condition it was in before installation or use by Company, except that City or its designee shall have the following option after termina- tion: (a) City or its designee may elect to acquire all of Company's technical facilities inside the City for their then fair market value. (b) "Fair market value" shall be determined by a broker or other person recognized as competent in appraising CATV systems by the CATV industry and mutually acceptable to City and Company. Section 13 - Franchise Fee. (1) As compensation for the franchise granted by this ordinance, and in consideration of the right herein granted Company to use public property which Company is not by law otherwise authorized to use, Company shall pay to City an amount equal to four percent (4 %) of the gross receipts collected by Company for all of its system services to customers served by this franchise for each of the first five years of the franchise term and five percent 5% thereafter. Gross receipts shall mean all amounts collected by Company from customers for monthly service charges. (2) The fee required by this section shall be due and payable on or before the 15th day of July and January for the preceding six -month period. (3) With each payment, Company shall furnish the City Treasurer with a financial report showing the basis for Company's computation, separately showing all sources of revenue, and a written statement under oath, -15- executed by an officer of Company, verifying the amount of gross receipts of Company within the City for the period covered by payment computed on the basis set out in subsection (1) of this section. (4) City's acceptance of any payments due under this section shall not be considered a waiver by City of any breach of this franchise. Section 14 - Review of System Standards. At least annually (unless the annual test is waived by City), and at any time upon reasonable request by City, Company shall supply a qualified electronic technician who is satisfactory to City to test the performance of Company's technical facilities. These tests shall be conducted in representative geographic areas within the City. Tests and measurements shall be according to current F.C.C. standards as well as other applicable National, State and local regulations and N.C.T.A. recommended practices. A copy of the applicable F.C.C. annual report form shall be supplied the City at the same time it is submitted to the F.C.C. Section 15 - Rates. (1) Rate regulation by the City shall not be permitted to the extent that Company is exempt from local rate regulation by pre - emption of Federal law. To the extent that Federal or State law or regulation may hereafter be amended or construed in a final judgment of a court of competent jurisdiction in a lawsuit involving the City or any other parties to permit the City to regulate the rate for any particular service tiers or any other services provided by Company, the franchise shall be amended accordingly; provided that in the case of a conflict among cases within the Ninth Circuit, any final judgment of the Western District of Washington shall prevail, and in the case of a conflict, among the Circuits, any final judgment within the Ninth, Circuit shall prevail. -16- (2) Within thirty (30) days of the beginning of the franchise term, Company will file with the City a complete schedule of all rates to be charged to subscribers, including but not limited to: (a) Installation of Basic Service. (b) Charges for Basic Service. (c) Installation of Premium Service. (d) Charges for Premium Service. (e) Installation of FM service. (f) Charges for FM service (including rates for FM service as a primary service). (g) Charges for relocation and reconnection. (h) Converter charges. (i) Charges for parental control keys. (j) Installation charges for additional outlet service. (k) Charges for additional outlet service and charges for subscribers who elect to have their service terminate outside of their residence or other building. (1) Discounts for multiple premium services, etc. (m) Extended drop installation charges. (n) All other charges proposed. (3) Notice of Rate Change. Prior to implementation of any change in rates or charges for any service or equipment provided by Company, Company shall be required to make every reasonable effort to provide City and all subscribers a minimum of thirty (30) days' prior written notice of such change. (4) Discounts. Company shall offer a discount to those individuals permanently disabled or sixty -two (62) years or older who are the legal owner or lessee /tenant of their residence provided that their combined disposable income from all sources does not exceed the -17- Federal poverty level for the current and preceding calendar year. Such discounts will consist of fifteen percent (15 %) from the normal charge for basic residen- tial services as well as a fifty percent (50 %) reduc- tion in normal residential installation charges. The City or its designee shall be responsible for certify- ing to the Company that such applicants conform to the specified criteria. Section 16 - Local Business Office, Records, and Reports. A local business office shall be maintained by Company for the purpose of investigation and resolution of local service complaints and to enable the public to have convenient access to Company. Company shall keep accurate books of account at this office throughout the term of this franchise. Company shall produce its books of account for inspection by the City at any time during normal business hours, and the City may audit Company books from time to time at the end of any fiscal year. The City may request Company to file an annual report within 120 days of the close of the Company's year -end. Such reports shall include, but not necessarily be limited to the following: A. Annual financial report as prepared by a Certified Public Accountant (such report may be available only at a later date); B. A copy of the 10 -K Report, if required by the SEC, otherwise an independently audited financial report (such report may be available only at a later date); C. Listings of the number of subscribers within the City; D. The number of homes passed; E. The number of subscribers with basic services; F. The number of subscribers with premium services; G. The number of subscribers using interactive services; H. The number of hook -ups in period; I. The number of disconnects in period; J. The number of miles of cable laid in period; -18- K. Total number of miles of cable in City; L. Comments on citizen relations, such as the number of complaints received and how those complaints were resolved; M. Plans for future technical upgrading; N. Plans for future programming and /or changes; 0. If pertinent, maps indicating existing location of headend equipment, truck and distribution lines and projected routes with construction completion estimate by month or quarter; P. A statement of its current billing practices; Q. Status of emergency power supply; R. Current service policy procedures. Section 17 - Annual Meeting. On a yearly basis, no later than sixty (60) days after the anniversary date of the granting of the franchise, upon the request of the City, Company shall meet with City officials and /or its designated representa- tive(s) to review the performance of Company over the preceding twelve (12) months. The subjects shall include, but not be limited to those items covered in the annual report required pursuant to Section 16. Section 18 - System Data. Company shall maintain at an office in Port Angeles all current maps and other operational data relating to its system operations in the City of Port Angeles. The City may inspect these maps and data at any time during normal business hours. Section 19 - Franchise Renewal, Permit and Inspection Fees. Nothing in this ordinance shall be construed to limit the right of the City to require Company to pay reasonable costs incurred by the City in connection with the renewal of a fran- chise, issuance of a permit, making an inspection, or performing any other service for or in connection with Company or its facilities, whether pursuant to this ordinance or any other ordinance or regulation now in effect or hereafter adopted by the City. Within 30 days of receipt of invoice from the City, the Company shall pay out -of- pocket costs incurred by the City during -19- this franchise renewal process, which costs shall be limited to consulting fees and expenses and the costs of publishing notices and ordinances; provided that consulting fees shall not exceed $3,000; and provided further that such payment shall not be construed as a waiver of Company's position that it may not have to pay such costs that may be related to future franchise renewal processes. Such payment shall not be deductible from or considered to be in lieu of franchise fee payments. Section 20 - Termination of Franchise. Upon the failure of Company, after sixty (60) days' notice and demand in writing, to perform promptly and fully each and every term, condition or obligation imposed upon it according to this ordinance, the Council may, at its option and in its sole discretion, which discretion shall be reasonably applied, by ordinance or resolution, terminate this franchise. Section 21 - Remedies Not Exclusive - Waiver. All remedies under this ordinance, including termination of the franchise, are cumulative, and recovery or enforcement of one is not a bar to the recovery or enforcement of any other remedy. Remedies contained in this ordinance, including termination of the franchise, are not exclusive, and the City reserves the right to enforce penal provisions of any ordinance and also to use any remedy available at law or in equity. Failure to enforce any provision of this ordinance shall not be construed as a waiver of a breach of any other term, condition or obligation of this ordinance. Section 22 - Franchise Term. This franchise is granted for a term of fifteen years commencing on October 1, 1988; provided that the Company shall agree by its acceptance of this franchise that the franchise shall be subject to opening at the option of either party five and ten years after the anniversary date for possible amendment in the event of changes in cable - related technology and /or applicable laws and /or for the purpose(s) specified in this franchise. Such amendment process -20- shall commence 180 days prior to the anniversary date and conclude on or before said date. This franchise shall be subject to renewal, upon approval by the City, provided that the Company is in compliance with all applicable standards, such as F.C.C. regulations, is in compliance with the terms of this ordinance, is not in default in its performance of any of the terms or conditions of this franchise, and is providing good system services as determined by the system standards review process of Section 14. Section 23 - Emergency Use of Facilities. City may use Company's facilities during local emergencies for purposes of advising City's citizens in connection with the emergency. Section 24 - Acceptance of Franchise. Within thirty (30) days from the date of passage of this ordinance, Company shall file with the City Clerk, on a form to be provided by the City Clerk, a written unconditional acceptance of this franchise and all of its terms and conditions, including acknowledgement that performance of the terms of this franchise is commercially feasible at the present time, and waiver of any rights Company may have which are in conflict with the terms of this franchise, and if they fail to do so, this ordinance shall be void and of no effect. Section 25 - Severability. If any section, sub- section, sentence, clause or portion of this ordinance is for any reason held invalid or rendered unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the constitutionality of the remaining portion hereof. If for any reason the franchise fee is invalidated or amended by the act of any Court or governmental agency, then the highest reasonable franchise fee allowed by such Court or other governmental agency shall be the franchise fee charged by this ordinance. -21- Section 26 - Repealer. Ordinance No. 2269 is repealed effective October 1, 1988. Section 27 - Effective Date. Section 19 of this Ordinance shall take effect as provided by law. The remainder of this Ordinance shall take effect October 1, 1988. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of December, 1987. ATTEST: M A Y O R SirAaka Sherri L. Anderson, City Clerk APPRO..D AS TO FORM: Craig D utson, City Attorney PUBLISHED: Zo /9g -22- tta 1 3 1 1 0 3 1 1 4 4 • 8 0 QO C 1 u 8 9 1 u 8 t 3 it P 8 6s s e 8 1 8 4 8 L fi L a L L x L n 0 i i 8 8 1°n u CO Ul 8 O U CO u e • 8 fR i ti r3 ZR 8 PO 8 CO 8 8 co tl CI 1 a N N .. O O T_. r ..t CO N N 1 LP 0 01 0 O ••• r 1.. r.. r F.. CO O O • O O O O 4 O O CO O •—I O 0 O O O O E C co O O N 0 O 0 4... 1 1 8 8 i I ! I i CI 3 P•. r.. It 1 1 4 f 0 ...1_.!._i... r.— 8 S u S 8 442 81 S 0 M 81 191 I 1:1 I i$I N B wi 11 3 i V IIUIHX3