ORD 70-14 GEORGE O GREGG - COAXIAL CABLE SUBSCRIBER SYSTEMORD I NANCE NO. 7 O- 14
An ORDINANCE granting to George O. Gregg, Winslow,
Washington, his successors and assigns, a license to
construct, operate and maintain a coaxial cable sub-
scriber system for television, radio and other audio-
visual electrical signal distribution throughout the
City of Winslow, along streets and roads which are
located in Winslow.
The City Council of the City of Winslow, Washington do ordain as follows:
Section 1. The City of Winslow, hereinafter referred to as the
City, hereby grants to George O. Gregg, Winslow, Washington, hereinafter
called the Licensee, and to his successors and assigns, the right, privilege,
authority and license to install, lay down, maintain and operate a coaxial
cable subscriber system for television, radio and other audio=visual electrical
signal distribution in, over, and under the public streets, alleys, roads
and highways of the City together with the necessary vaults, manholes and
other appurtenances therefor, and to attach cables and other necessary de-
vices to existing poles, with or without crossarms, and to stretch wires
and cables across and under all streets; to maintian and use the same for the
purpose of constructing and operating a coaxial cable distribution system
for television, radio and other audio-visual electrical signal distribution
to subscribers; Licensee shall not erect any new poles or structures above
ground, but shall either use existing poles or support structures with per-
mission of the owner or shall place all cables and appurtenances underground.
Licensee shall make use of existing poles, except that in any district which
has been or shall hereafter be by ordinance designated as a district in
which telephone, telegraph and electric wires and cables be laid underground,
or a platted area designating utilities to be placed underground, Licensee's
coaxial cable must in said area or districts likewise be run underground.
Where telephone and lighting utilities are compensated by property owners
for part or all of the cost of relocating facilities underground by the local
improvement district method or otherwise, Licensee shall have the same rights
as those accorded telephone and lighting utilities.
Section 2. All attachments, cables, wires, antennas, conduits
or appurtenances shall be attached, installed or buried in a neat, workman-
like manner. Whenever it is necessary to lay underground cable, plans out-
lining location shall be submitted to and approved by the City Engineer, and
a permit issued for same, provided further that the City Engineer may re-
quire a performance bond in a sum sufficient to guarantee to the City that
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the City street, right-of-way or other City property shall be restored to the
same condition as it was prior to breaking of the soil or surface thereof,
the amount of said bond to be fixed by the City Engineer. The City shall
not be held liable for any disturbance of or damage to Licensee's installations
resulting from the City's use or occupancy of the right-of-way for any reason.
Licensee shall, at its own expense, remove or relocate any of Licensee's in-
stallations at the request of the City where Licensee's installations will at
any time interfere with a City installation, or any proposed changes thereof
or extensions thereto.
The license granted by this ordinance shall not be construed so
as to deprive the City of any rights or privileges which it now has, or may
hereafter have, to regulate the use and control of its streets.
Section 3. All the construction of the Licensee, including in-
stallations, shall conform to the National Electrical Code, State of Washing-
ton. Wire Code, the rules and regulations of the V~ashington State Public
Service Commission, and the City's regulations governing overhead and under-
ground construction and maintenance of wires and cables carrying low-voltage
electricity.
Section 4. After any construction or repair work, the Licensee
shall restore the streets promptly to their original condition and to the
satisfaction of the City Engineer. The City may at any time do, order or
have done any and all work that it considers necessary to restore to a safe
condition any such City street, right-of-way or other City property left
by the Licensee or its agents in a condition dangerous to life or property,
and the Licensee upon demand shall pay to the City all costs of such work.
Section 5. The Licensee shall indemnify and save the City harm-
less from any liability, loss, cost, damage or expense due to casualty,
accident or damage, either to the City or to other persons or property, which
may at any time arise or occur by reason of the exercise of the rights and
privileges herein granted.
Section 6. Licensee agrees that during the life of the license
granted by this ordinance, and/or renewals thereof, he 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
workmen's insurance and safety laws of the State
of Washington, and amendments thereto;
{b} E~odily injury liability insurance, with limits as
may be required by the City of Winslow, but not to
exceed a $300,000 single limit policy;
{c} Property damage liability insurance with limits
as may be required by the City of Winslow, but not
to exceed $50,000 for each accident.
Section 7. The rights and privileges of the license shall con-
tinue for a period of 25 years from the effective date of this ordinance
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and the Licensee, at the termination of this period or earlier if the facili-
ties of the Licensee cease to be used or served by the Licensee, shall at
his own cost and expense, remove all construction and installations hereby
authorized from the City streets and shall place all portions of said streets
that may have been disturbed in original condition to the satisfaction of
the City Engineer·
Section 8. The license granted by this ordinance is not an ex-
clusive license, and shall not in any manner prohibit the City from granting
other and further licenses over, upon and along any of said streets and public
highways of any kind or character that it may deem proper. This license
shall in no way affect the City's jurisdiction over the city streets or any
part of the same and the City's power to make all necessary repairs or changes
in the same.
Section 9. The license granted by this ordinance shall be null
and void unless the Licensee shall within thirty {30} days after its passage
and publication, file with the City Clerk, his written acceptance of all
terms and conditions hereof.
Section lO. The Licensee shall pay all expenses connected with
the pub 1 i ca t i on of th i s ord i nance.
Section ll. The City reserves the general right to see that the
system of the Licensee is constructed and maintained 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 alterations, the City may make them or
have them made, and collect all cost and expense thereof from the Licensee.
Section 12. During the term this license remains in effect, the
Licensee shall post with the City a bond in the sum of $5,000 conditioned
upon the faithful performance of the conditions and terms of the license,
and providing the recovery on the bond in case of failure to perform the
terms and conditions of the license. The bond may be for a period of one
{1} year or more, provided that a bond is in effect at all times during the
term of this licen. se, and be in effect 30 days prior to construction
Th
· e L~censee shall pay the City a license fee of
four percent (4%) of the gross receipts collected by the Licensee in the
City. This license fee shall be in lieu of any business and occupation tax
or other tax required to be paid by the Licensee. The license fee may be
renegotiated every two years by either the City or the Licensee by giving
the other party written Botice not less than thirty (30} days prior to the
anniversary date of this ordinance, requesting a meeting to renegotiate the
amount of fee. Receipts for installation fees or so called "hook up" fees
shall be excluded from the gross receipts in determining the license fee.
Section 14. Upon failure of the Licensee to comply with any of
the provisions or conditions hereof, or of any provisions, restrictions or
limitations contained in the City's ordinances, within sixty {60} days after
service of notice to comply with any such provisions, conditions, restrictions
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or limitations, made and served by order of the City upon the Licensee, the
City Council shall be authorized upon behalf of the City to declare by ordi-
nance an immediate forfeiture of this license, and the Mayor shall in such
case declare and enforce such forfeiture.
Section 15. Upon failure of the Licensee to commence installa-
tion or construction of the facility by or before two {2} years from the
effective date of this ordinance, the City Council shall be authorized to
declare by ordinance the forfeiture of this license.
Section 16. The license granted by this ordinance shall not be
sold, assigned or transferred by the Licensee unless the consent of the City
Council to any such sale, assignment or transfer is first obtained.
Section 17. This license shall immediately and automatically
terminate with respect to any city street, or section thereof, vacated by
the City.
Section 18. In the event any city street subject to the license
granted by this ordinance becomes a part of a primary State highway, Licensee
agrees to remove all facilities as set forth herein.
Section 19. The Licensee shall have the option to renew the license
granted by this ordinance upon the same terms and conditions as set forth
herein for an additional 25 years following the expiration of the term herein
provided for. Said option shall be exercised by Licensee in written notice
to the City Council or their successors, not later than 90 days from the
expiration of the term of this ~~~. license.
Section 20. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or illegal, the invalidity or illegality
thereof shall not aff. ect the validity or legality of any other section, sen-
tence, clause or phrase of this ordinance.
Section 21. This franchise shall take effect and be in force
thirty {30} days from and after its passage, approval and publication.
PASSED this 6th day of July , 1970.
Edward M. U11 oa, Mayor
Attest:
Francis H. Saul, City Clerk
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