Ordinance 1126ORDINANCE NO. �
AN ORDINANCE OF TETE CITY OF EDMOND:,, WASHINGTON,
REGULATING THE OPERATION OF COMMUNITI ANTENNA
`T'ELL-VISION SYSTEMS; PROVIDING FOR PERMITS TEIEREFOR,
• PRESCRIBING PENALTIES FOR VIOLATIONS; ESTABLISHING
PERMIT FEES; REGULATING CONSTRUCTION AND MAIN-
TENANCE OF SAID SYSTEMS AND THEIR APPURTENANCEISI
PROVIDING FOR LEGAL PROTECTION FROM CLAIMSI PRO-
VIDING FOR BONDS AND INSURANCE; AND ESTAB'LISHIN'G
CRITERIA FOR ISSUANCE, EXPIRATION AND REVOCATION
OF SAID PERMITS.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Definitions.
A. A community antenna television system is defined as
a facility utilizing a receiving antenna or antennas, con-
necting wire, cable or relay facilities and associated equip-
ment for the reception by subscribing members of the public
of the television and radio signals of one or more broadcast
stations.
B. The term person shall include one or more persons
of either sex, corporations, partnerships, associations, or
any other entity capable of having an action at law brought
against such entity.
C. The "permittee" is defined as any person who has a
current permit from the City of Edmonds to install, operate
• and maintain a community antenna television system.
Section 2. It shall be unlawful for any person to oper-
ate or maintain a community antenna television system or any
part thereof, in the City of Edmonds unless that person shall
have first secured a permit therefor in the manner provided
in this chapter.
Section 3.
A. Any person desiring to secure a permit to operate
and maintain a community antenna television system shall
apply therefor in writing to the City Clerk.
B. Said application shall be in writing and shall state
the name of the applicant, and if the applicant is a corpora-
tion or pa•ctnership, the names of its officers or partners,
and the application shall also state in detail the informa-
tion called for by the standards and criteria governing the
issuance of a permit as set forth in paragraph D of this sec-
tion.
C. Upon filing an application with the City Clerk as
provided herein, the applicant shall pay an application fee
of $1,000.00 which shall be refunded only to those applicants
which are not granted a permit, provided, however, that said
application fee shall not be required upon renewal of a permit
hereunder.
D. The standards and criteria governing the issuance of
a permit are as follows:
1. The experience, qualifications ind financial
responsibility of the applicant;
2. The staff, equipment and facilities available
to the applicant for the service;
3. The capability of the applicant to serve the
inhabitants of the city with signals of the highest
quality which the state of the art will allowl
4. The rates contemplated to be charged by permittee
for monthly service and initial installation.
5. The extent, type, variety and range of service
and programming contemplated to be rendered by the
permittee.
Section 4.
A. Such permit shall remain in force until revoked as
elsewhere set forth in this Ordinance, but in no event shall
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such permit be in effect for any period greater than ten (10)
years from the date of issue without a renewal thareof.
At the termination of the permit by expiration or revocation,
permittee shall at its own cost and expense remove all con-
struction and installations hereby authorized and shall place
all portions of streets and other public property that have
been disturbed in as good condition as the abutting portions
thereof.
B. Such permit shall approve the rates and charges to
be made by the permittee for installation and service rendered
by it to its customers as contained in the original application
or any amendment thereof. No rates or charges for such purpcses
shall be changed by permittee from that approved in said permit
until the same shall have been approved by the City Council,
after a public hearin, on the matter.
Section_ 5. The annual permit fees for such person s}:all
be payable quarterly at the rate of three (3) percent of the
gross receipts collected by permittee for the sale of its
service in the City of Edmonds in the preceeding calendar
quarter and shall be paid within twenty (201 days after the
end of each calendar quarter. After the expiration of two (2)
years from date of issuance of an original permit, permittee
shall pay, in addition to the above described annual permit
fees the sum of $500.00, annually, during the remainder of the
term of said permit and of any renewal tiu roof. All permitt-
ees shall make available to the City, upon reasonable request,
the permittee's books and customer list for verification of
permit fees.
Section 6. Permittee shall have the privilege, right
and authority to:
A. Construct, install, maintain and operate a coaxial
cable subscriber system for television, radio and other
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audiovisual electrical signal distribution, in, over, on and
under the streets, alleys, public highways and public places
of the City of Edmonds, with the necessary manholes and other
appurtenances therefor;
H. And to erect, construct, install, maintain and
• operate, antenna towers, lines, cables, necessary wiring and
other apparatus for the purpose of receiving, amplifying, and
distributing television, electronic, electrical and radio sig-
nals, audio and video to persons, business establishments and
public places in the City of Edmonds; and to erect and maintain
poles, with or without cross arms subject to first obtaining
the written permission to erect each such pole from the Mayor
of the City of Edmonds.
C. To distribute, supply and sell television, radio and
other electronic and audio-visual signals in the City of Edmonds,
to persons, business establishments and public places inhabitant
thereof, as well as to persons, business establishments and
public places beyond the present or future corporate limits
thereof-,
D. To charge its customers both a connection or installa-
tion fee to bring the service to their properties, and a monthly
fee for their continued use of the service; in connection with
the establishment of its fee, the permittee shall have the right
to require all of its customers to permit it to make reasonable
entry upon the customer's property for the purpose of installing,
servicing or removing its equipment and connections.
• Section 7. Permittee shall make use of existing poles,
except that in any district in which telephone, telegraph and
electric wires and cables are laid underground or permittee
cannot make use of poles, permittee's coaxial cable and wires
must in said areas or districts, be run underground; and per-
mittee shall likewise place underground its existing cables
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in those districts whenever designated as a district requiring
other utilities to place their wires and cables underground,
at its own expense.
Section B. A permittee's facilities shall be so located
and so erected as not to interfere with traffic over said
. streets, avenues, alleys, highways, bridges, easements and
other public places and that reasonable egress from and ingress
to abutting property, provided, however, that permittee shall
not break up, excavate or block any street or alley or public
thoroughfare without permission from the City Engineer. When
any portion of a street is excavated by permittee in the loca-
tion, relocation, replacement or repair of any of its facilities,
including underground conduit or poles to carry said coaxial
cables, the portion of the street so excavated shall within a
reasonable time and as early as practicable after said excava-
tion be replaced by the permittee at its expense and in as good
a condition as it was at the time of such excavation, all being
in accordance with the applicable rules and regulations of the
Engineering Department, Public Health Department and other inter-
ested agencies of the City and the officials thereof.
Section 9. Before permittee shall lay underground said
coaxial cable or erect poles for the carrying thereof above
the ground or stretch cables or wires on any existing poles
above the ground in any street, avenue, alley, highway or other
public place within the present or future corporate limits of
the City, permittee shall file with the City Engineer a map
• showing the proposed location, height and depth thereof in
such street, avenue, alley, easement, highway or other public
place by surveyed measurements. If the location proposed does
not interfere wit„ the existing or contemplated sewers, water
pipes or other public utilities, or violate ordinances of the
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City of Edmonds, said Engineer shall approve said map, and the
same shall thereafter be considered the official location of
said coaxial cable or conduits, but if said proposed location
would interfere with said existing or contemplated sewers,
water pipes or other publicttilities or violate any ordinance
of the City of Edmonds, said Engineer shall furnish the per-
• mittee with data by which a map of location of such conduits
or cables may be filed. The City shall not be held liable
for any disturbance of permittee's installations, resulting
from the altering, repairing or installation of streets or
sewer or water installations.
Section 10. The City reserves the right to see that any
system is constructed and maintained in a safe condition, and
if an unsafe condition is found to exist, to order the permittee
to make necessary repairs and alterations forthwith, and if the
permittee fails to make the necessary repairs and alterations,
the City may make them or have them made and collect all coat
and expense thereof from the permittee, including all costs of
collection, including reasonable attorneys fees and court costs.
Section 11. Whenever the prosecuting of any public work
by the City shall involve the establishment or change of any
grade (established or otherwise), sewer, water pipe or other
public facility or uti'ity and the same shall cross or require
change of any conduit, cable or apparatus located in any street,
avenue, alley, highway or other public place under and by virtue
of any ordinance, the same shall be changed by the permittee at
its own expense after reasonable notice in writing of not less
• than fifteen (15) days to make the changes from the City Engineer.
Section 12. At all times during the term of any permit
issued pursuant to this chapter, permittee shall promptly and
without discrimination furnish to persons and business estab-
lishments of the City of Edmonds who request the same for which
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service is economically feasible and agree to abide by the
permittee's reasonable rules and regulations, television and
radio signals of the highest quality which the state of the
art will practicably allow at the time, and shall acquire,
construct, maintain, equip and operate all necessary facili-
ties for the reception, transmission and distribution and sale
of television and radio signals for the benefit and convenience
of the City's inhabitants.
Section 13. The City shall at all times have the right
to make free use of any and all of the permittee's poles for
attachment of wires and equipment used in connection with any
City owned signal or control system.
Section 14. A permittee shall comply with the National
Blectric Code, 1962 Edition, and all rules and regulations
now in force or which may hereafter be put into force with
respect to proper installation, construction and maintenance
of lines, cables, wiring and other apparatus authorized here-
under to be installed.
Section 15. Permittee shall at all times comply with
all applicable rules and regulations of the Federal Communi-
catiors Commission and the Washington State Public Utilities
& Transportation Commission which apply now and may hereafter
be adopted. In the event of amendment or adoption of the laws
or regulations of those agencies, the City of Edmonds reserves
the right to accordingly amend this Ordinance and any permits
issued hereunder.
• Section 16. Permittee shall at all times protect and
hold harmless the City, from all claims, actions, suits,
liability loss, expense or damage of every kind and descrip-
tion, including court costs and attorneys fees, which may
accrue to or be suffered or claimed by any person or persons,
or the City itself, arising out of the ownership, construction
or operation of said community antenna television system and
by reason of any license, copyright, property right, or other
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intangible, or patent of any article or system used in the
construction or use of said system.
Section 17. Permittee shall maintain in full force and
effect during the life of any permit issued pursuant to this
chapter public liability insurance in a solvent surety company
• authorized to do business in the State of Washington in the
following amounts:
A.
$100,000.00
for property
damaged to any one person=
B.
$300,000.00
for property
damage in
any one accidents
C.
$300,000.00
for personal
injury to
any one person=
D.
$300,000.00
for personal
injury i.n
any one accidents
E.
$100,000.00
contractural
coverage
for permit author-
ized pursuant to this Ordinance.
A copy of said policy or policies, authenticated by the
insurance carrier or carriers shall be filed with the City
Clerk and likewise authenticated proof of renewals shall be
filed showing the above coverage for the duration of the permit.
Section 18. Permittee shall carry compensation insurance,
and comply with all the workmen's insurance and safety laws of
the State of Washington and amendments thereto.
Section 19. Permittee shall post a surety bond in the
face amount of Ten Thousand dollars ($10,000) with one or more
sufficient sureties satisfactory to the city Engineer, which
bon d shall be in effect at all times during the period of any
permit issued pursuant to this chapter and said bond shall
insure and guarantee unto the faithful performance by the
permittee of all the terms, conditions and requirements of
this ordinance and permit thereunder, including, but not limited
to, any and all construction of permittee, its agents, servants
or subcontractors, specifically including but not limited in
the conditions that the applicant will indemnify and save the
said City harmless from all claims, actions or damages of every
kind and description which may accrue to, or be suffered by, any
person by reason of any construction or any opening in any
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street, alley, avenue or ocher public place made by permittee
and that permittee will replaca and restore such street, alley,
avenue, planting, or other public or private property to as
good a state or condition as at the time of the commencement of
said work, and providing a recovery on the bond in case of
40 failure to perform any of the terms anZ conditions of this
ordinance or permit granted hereunder.
Section 20. Any person violating or failing to comply
with any of the provisions of this chapter shall be guilty of
a misdemeanor, and upon conviction shall be punished by a fine
in any sum not exceeding three hundred dollars or by imprison-
ment in the City jail for a period not exceeding ninety days,
or both, and each day of violation shall constitute a separate
offense.
Section 21. Except for a mortgage to secure a loan or
loans to construct and operate said system, permittee shall
not sell, transfer, assign, merge, consolidate, or sublet its
system and the privilege granted herein without first securing
approval of the City Council for such sale, transfer, assignment
or sublease.
Sectior. 22. Such permits as issued shall be subject to
revocation at any time by the City of Edmonds upon a finding
by the City Council that the permit fees provided herein have
not been paid) that the service provided by such permittee is
not adequate as set forth hereinabovet that the capability of
such permittee has been so diminished that it is no longer
• able to offer proper service) the said permittee acts in
derogation of the ordinances of the City of Edmonds or the
laws of the State of Washington, or laws or regulations of the
United States or its agencies; or that the activities of
permittee under said permit for any reason are unlawful or
transgress established rights of others. Such revocation
shall be made only after a public hearing upon the matter has
bean held, and reasonable notice of said hearing having been
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given permittee in writing at least 30 days prior to said
hearing directed to the address stated by the Permittee in his
application.
Section 23. If any permittee fails to commence construction
of the community antenna television system within six (6) months
from the date of issuance of said permittee's permit or fails
to begin operation, consisting of the transmission of electronic
signals to subscribers, within a period of one (1) year from the
date of issuance of said permit, said permit shall be forfeited,
nullified, cease and be of no further force or validity, upon
receipt by permittee of written notice thereof from the Mayor
of the City of P,monds and said permittee's application fee
shall thereupon be forfeited, provided, however, that upon
good cause being shown therefor, an extension of time within
which permittee is to begin operation may be granted by the
Mayor.
Section 24. If any section, sentence, clause or phrase
of this Ordinance should be held to be invalid or illegal, the
validity or illegality thereof shall not affect the validity
or legality of any other section, sentence, clause or phrase
of this Ordinance, it being the intent of the City Council that
the remaining portions have leq:l effect without regard to any
invalid provision.
Section 25. Nothing in this Ordinance, or any permit
granted thereunder, shall be construed to mean or in any way
imply that the City of Edmonds has authorized the use or given
• permission to any permittee to use a radio or television signal
not originated by the permittee, it being the intent of this
Ordinance only to protect the health, welfare, safety and
morals of its residents in the distribution by wire of said
signals, and by the passage of this Ordinance, or by granting
a permit thereunder, said City in no way authorizes or gives
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rights to a permittee to use a radio or television signal, that
function being entirely left up to the permittee at his, her or
its own peril.
APPROVED:
GOPAN MAXWELL, MAYOR
ATTEST.
�f
IRENE VARNEY MOR N, CITY CLiRK
PASSED BY THE CITY C MINCILs
FILED WITH THE CITY CLERKS
PUBLISHED •S—
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