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Bellingham, WA Ordinance No. 1999-05-032
Not an official copy.
Bellingham, WA
Ordinance No. 1999-05-032
AN ORDINANCE GRANTING A FRANCHISE TO BLACK ROCK CABLE, INC. TO OPERATE AND
MAINTAIN AN OPEN VIDEO SYSTEM IN THE CITY OF BELLINGHAM AND SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANT OF FRANCHISE.
WHEREAS, Black Rock Cable, Inc., DBA Black Rock Cable ("Black Rock")
desires to operate an open video telecommunications system in the rights-of-way
of the City of Bellingham; and
WHEREAS, negotiations between Black Rock and the City have been completed and
the franchise process followed in accordance with the guidelines established
by the City Code and applicable Federal law; and
WHEREAS, pursuant to Section 11.08 of the City Charter, this Franchise was
filed with the Finance Director and published once a week for four successive
weeks in the City's official newspaper; and
NOW, THEREFORE, THE CITY OF BELLINGHAM DOES ORDAIN
THAT a franchise is hereby granted to Black Rock Cable, Inc. to operate and
maintain an open video system in the City of Bellingham upon the following terms
and conditions:
Section 1. DEFINITIONS. For the purposes of this Ordinance the following
terms, phrases, words, and their derivations 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 number include the singular number, words in
the singular number include the plural number, and the use of any gender shall
be applicable to all genders whenever the sense requires. The words "shall"
and "will" are mandatory and the word "may" is permissive.
Where a term in the Franchise is not defined in this section and there is a
definition for the term in the Cable Communications Policy Act of 1984 or the
Cable Television Consumer Protection and Competition Act of 1992 or the Telecommunications
Act of 1996 (hereinafter collectively referred to as the Cable Act), the Cable
Act definition shall apply. Other terms in the Franchise, which are not defined
in this section, shall be given their common and ordinary meaning.
1.1 "Access Channel" or "Public Educational or Government
Access (PEG) Channel" means any channel or portion of a channel utilized
for programming, whether by Black Rock or in cooperation with, by
or through the City, where any resident of the City or any non-commercial
organization whose members reside in the City may be a programmer, either
without charge or in a non-profit manner, on a non-discriminatory basis. The
term "programming" as used in this section shall include video,
voice, and data transmission.
1.2 "Basic Service" or "Basic Cable Service" means
any tier of service regularly provided to all subscribers. It includes, but
is not specifically limited to, the retransmission of local broadcast television
signals and the cablecasting of public, educational, or governmental access
channels. Nothing in this definition shall be deemed to limit the rights of
Black Rock or the City with respect to the regulation of rates and charges
as permitted by applicable law.
1.3 "Open Video System", or "System," shall have the
meaning specified for "Open Video System" in the Cable Act. Unless
otherwise specified it shall in this document refer to the open video
system constructed and operated in the City of Bellingham under this Franchise.
1.4 "City" shall mean the City of Bellingham of the State of Washington
and all the territory within its present and future boundaries and including
any area over which the City exercises jurisdiction.
1.5 "Gross Revenues" means any and all gross revenues an Open Video
System Operator or its affiliates derives directly or indirectly from operation
of the Open Video System, including revenue from sales, rental, or installation
of equipment, from advertising revenues, from subscribers, and from all carriage
revenues received from unaffiliated video programming providers. Gross revenues
shall not include any taxes on services which taxes are imposed directly on
a subscriber or user by a city, county, state or other governmental unit and
collected by a Person subject to this chapter for such taxing entity. Gross
revenue shall not include amounts which cannot be collected and are identified
as bad debt: provided, that amounts previously identified as bad debt which
are eventually collected shall be reported for the period in which that occurs.
1.6 "Pay Service" or "Premium Service" means programming
(such as non-advertiser-supported movie channels or pay-per-view programs)
offered individually to subscribers on a per-channel, per-program or per-event
basis.
1.7 "Person" means any individual, corporation, partnership, association,
joint venture or organization of any kind and the lawful trustee, successor,
assignee, transferee or personal representative thereof.
1.8 "Public Agency Network" (PAN) is a cable communications network
designed principally for the provision of non-entertainment two-way services
to schools, public agencies or other non-profit agencies for use in connection
with the on-going operations of such institutions.
1.9 "Subscriber" means any person who legally receives any one
or more of the services provided by the Open Video System.
1.10 "Street" shall mean the surface of and the space above and
below the right of way of any public street, road, highway, freeway, easement,
lane, path, alley, court, sidewalk, parkway, or driveway now or hereafter
existing as such within all incorporated areas of the City of Bellingham.
1.11 "Black Rock" shall mean Black Rock Cable, Inc. DBA Black Rock
Cable, its agents and assignees.
Section 2. FRANCHISE.
2.1 Grant of Franchise. The City hereby grants to Black Rock a nonexclusive
franchise which authorizes Black Rock, subject to the terms of this Ordinance,
to construct and operate an open video system and offer such services as permitted
by Federal, State or Local law to be provided by open video system operators
in, along, among, upon, across, above, over, under, or in any matter connected
with the streets located in the City and for that purpose to erect, install,
construct, repair, replace, reconstruct, maintain, or retain in, on, over,
under, upon, across or along any street or extensions thereof and additions
thereto, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes,
pedestals, amplifiers, appliances, attachments, and other related property
or equipment as may be necessary or appurtenant to the cable system.
2.2 Franchise Term. The term of the Franchise shall be 15 years, unless terminated
sooner in accordance with this Franchise agreement.
2.3 Franchise Area. The Franchise Area shall be that area within the present
or future corporate limits of the City.
2.4 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive.
The City specifically reserves the right to grant, at any time, such additional
franchises for other similar systems as it deems appropriate provided, however,
such additional grants shall not operate to materially modify, revoke, or
terminate any rights previously granted to Black Rock. The grant of any additional
franchise shall not of itself be deemed to constitute a modification, revocation,
or termination of rights previously granted to Black Rock.
The City agrees to grant additional franchises upon terms and conditions
which, in its sole discretion, it in good faith believes will enhance cable
service and not grant an unfair competitive advantage to one franchisee over
another.
2.5 Franchise Renewal or New Franchise. The City may establish appropriate
requirements for new franchises or franchise renewals consistent with federal,
state and local law.
2.6 Periodic Public Review of Franchise. The City may at approximately three-year
intervals during the term of the Franchise, and at such other times as the
City deems appropriate, conduct a public review of the Franchise. The purpose
of the review shall be to ensure, with the benefit of full opportunity for
public comment, that Black Rock is complying with all franchise requirements
and local laws concerning the use of the rights-of-way. Additionally, the
public review can be used as a forum to publicly discuss Black Rock's service
policies and practices although the OVS regulation under the Cable Act may
require complaints be filed with the Federal Communications Commission. Both
the City and Black Rock agree to make a full and good faith effort to participate
in the review in a manner that accomplishes this end. It is not intended that
the Franchise be modified as a result of such review, except as a last resort
for achieving the purpose of the review. The City shall establish a procedure
for ensuring orderly review, full discussion of any proposed policy changes
between the City and Black Rock, and full public hearing regarding all matters
discussed during the review.
Matters appropriate for discussion at the public reviews in accordance with
this section include without limitation:
(a) Black Rock's overall compliance with the Franchise;
(b) Policies and practices necessary to ensure continued support for public,
educational and government access at substantially the same level provided
for in the
Franchise:
The periodic public reviews described in this section may be but need not
be made coincident with public reviews involved in the consideration of Black
Rock requests for franchise renewal, franchise extension, or approval
of transfer of system ownership.
2.7 Transfer of Ownership. This Franchise shall not be sold, leased, mortgaged,
assigned or otherwise transferred, nor shall any of the rights or privileges
herein granted or authorized be leased, assigned, mortgaged, sold or transferred,
either in whole or in part, nor shall title hereto, either legal or equitable,
or any right, interest or property herein pass to or vest in any person except
Black Rock, either by act of Black Rock or by operation of law, without the
prior consent of the City expressed in writing. The granting of such prior
consent in one instance shall not render unnecessary any subsequent prior
consent in another instance. Any transfer of ownership shall make this Franchise
subject to revocation unless and until the City shall have given written prior
consent thereto.
Within 30 days of receiving a request to consent to transfer, the City shall
notify Black Rock in writing of information it requires to make its decision
whether to consent. When the City has received such information, it shall
have 120 days within which to act. If the City has not taken action on Black
Rock's request for consent to transfer within this 120-day period, it shall
be deemed to have consented.
This section shall not prohibit the use of Black Rock's property as collateral
for security in financing the construction or acquisition of all or part of
the open video system franchised hereunder. However, such financing shall
be subject to the provisions of this Franchise.
2.8 Change in Control. Black Rock shall promptly notify the City through
the City Council of any proposed change in, transfer of, or acquisition by
any other party of control of Black Rock. Except as long as Black Rock retains
Sub-S status and otherwise applying to successors and assigns, if beneficial
ownership of 10% or more of the stock of Black Rock or of any entity now owning
or later acquiring such a beneficial interest is acquired by a single entity
or by several entities under common control, if such entity or agent of common
control is other than an organization a) whose primary business is cable system
operation, and b) is more than 50 percent owned by Black Rock or a parent
of Black Rock, then a change in control will be deemed to have taken place
unless the City, upon request of Black Rock, finds otherwise. Such change
in control shall make this Franchise subject to revocation unless and until
the City shall have given written consent thereto. For purpose of determining
whether it will consent to such change, transfer or acquisition of control,
the prospective controlling party to perform the obligations of Black Rock
under the Franchise Agreement must have been certified by the Federal Communications
Commission to operate as an OVS. The City may condition its consent upon such
terms and conditions as it deems appropriate. Consent to the transfer shall
not be unreasonably withheld.
2.9 Receivership. The City shall have the right to declare a forfeiture or
otherwise revoke this Franchise 120 days after the appointment of a receiver
or trustee to take over and conduct the business of Black Rock whether in
receivership, reorganization, bankruptcy, or other action or proceeding unless
such receivership or trusteeship shall have vacated prior to the expiration
of said 120 days, or unless
(a) within 120 days after his election or appointment, such receiver or
trustee shall have been approved by the City and shall fully have complied
with all the provisions of the Franchise and remedied all defaults thereunder;
and,
(b) such receiver or trustee within said 120 days shall have executed an
agreement, duly approved by the City as well as the court having jurisdiction
in the premises, whereby such receiver or trustee assumes and agrees to
be bound by each and every provision of the Franchise.
2.10 Expiration. Upon expiration of the Franchise, the City shall have the
right to:
(a) extend the Franchise, though nothing in this provision shall be construed
to require such extension;
(b) renew the Franchise, in accordance with applicable valid law:
(c) invite additional franchise applications or proposals;
(d) terminate the Franchise without further action; or
(e) take such other action as the City deems appropriate.
2.11 Right to Purchase the System.
(a) In the event the City has declared a forfeiture for cause or otherwise
revoked for cause this Franchise agreement as provided herein, or in the
event of expiration of the initial term of this Franchise agreement without
the Franchise being renewed or extended and the City Council has so ordered
by resolution, Black Rock shall continue its operations for a period of
270 days after either the effective date of the resolution or expiration
of the initial term of the franchise unless the resolution in either case
orders termination by Black Rock of its operations at an earlier time. During
this period, Black Rock shall not transfer any portion of its system to
any other person, including parts of the system rented, leased, or leased
purchased without prior written consent of the City. Within 30 days of the
order by the City to continue operations, Black Rock shall tender to the
City an inventory of its system used in the operations under this Franchise
agreement. After receiving the inventory, the City may notify Black Rock
that it desires to acquire by purchase all or a portion of the system used
by Black Rock in its operation, exclusive of parts of the system essential
to Black Rock's operation of parts of the system, or of other systems, not
acquired. Such notice shall be by resolution or other appropriate writing
of the City and shall state a date upon which Black Rock shall cease its
operations and receive payment as described below.
Under this section, if a franchise renewal is denied, the City shall have
an option to acquire Black Rock's system at fair market value, determined
on the basis of the open video system valued as a going concern but with
no value allocated to the Franchise itself. If a franchise is revoked for
cause, the City shall have an option to acquire Black Rock's system at an
equitable price.
(b) In the event the City purchases, acquires, takes over, or holds all
or parts of the system pursuant to Subsection (a) above, the City shall
have the right without limitation to assign, sell, lease, or otherwise transfer
its interest in all or parts of the system to any other persons, including
any other grantee of a CATV or telecommunications franchise, on whatever
terms the City deems appropriate.
2.12 Right to Require Removal of Property. At the expiration of the term
for which the Franchise is granted provided no renewal is granted, or upon
its forfeiture or revocation as provided for herein, the City shall have the
right to require Black Rock to remove at Black Rock's own expense all or any
part of the open video system from all streets and public ways within the
Franchise area. If Black Rock fails to do so, the City may perform the work
and collect the cost thereof from Black Rock. The actual cost thereof, including
direct and indirect administrative costs, shall be a lien upon all plant and
property of Black Rock effective upon filing of the lien with the Whatcom
County Auditor.
2.13 Continuity of Service. In any event, Black Rock shall use its best effort
to ensure that all subscribers receive continuous uninterrupted service, regardless
of the circumstances, during the lifetime of the Franchise. In the event of
expiration, purchase, lease-purchase, condemnation, acquisition, taking over
or holding of plant and equipment, sale, lease, or other transfer to any other
person, including any other grantee of a cable communications franchise, the
current grantee shall cooperate to the best of its ability to operate the
system in accordance with the terms and conditions of this agreement for a
temporary period sufficient in length to maintain continuity of service to
all subscribers.
Section 3. OPERATION IN STREETS AND RIGHTS-OF-WAY
3.1 Use of Streets. Black Rock may, subject to the terms of this Franchise,
erect, install, construct, repair, replace, reconstruct and retain in, on,
over, under, upon, across and along the streets within the City such lines,
cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances,
pedestals, attachments and other property and equipment as are necessary and
appurtenant to the operation of a Open Video System within the City.
3.2 Construction or Alteration. Black Rock shall in all cases comply with
all lawful City laws, resolutions and regulations regarding the acquisition
of permits and/or such other items as may be reasonably required in order
to construct, alter or maintain the open video system.
3.3 Non-Interference. Black Rock shall exert its best efforts to construct
and maintain an Open Video System so as not to interfere with other use of
streets. Black Rock shall, where possible in the case of above ground lines,
make use of existing poles and other facilities available to Black Rock. When
residents receiving underground service or who will be receiving underground
service will be affected by proposed construction or alteration, Black Rock
shall provide at least two weeks' advance notice of the same to such affected
residents.
3.4 Consistency with Designated Use. Notwithstanding the above grant to use
streets, no street shall be used by Black Rock if the City, in its sole opinion,
determines that such use is inconsistent with the terms, conditions or provisions
by which such street was created or dedicated, or presently used under City,
State or local laws.
3.5 Undergrounding. Black Rock shall place underground all of its transmission
lines, which are located or are to be located above or within the streets
of the City in the following cases:
(a) all other existing utilities are required to be placed underground
by statute, resolution, policy or other regulation;
(b) Black Rock is unable to get pole clearance;
(c) underground easements are obtained from developers of new residential
areas; or
(d) utilities are overhead but residents prefer underground (service provided
at cost).
If an ordinance is passed creating a local improvement district which involves
placing underground certain utilities including Black Rock's plant which is
then located overhead, Black Rock shall participate in such underground project
and shall remove poles, cables and overhead wires within such district if
requested to do so and place facilities underground. If such undergrounding
of Black Rock facilities is part of such a project, the costs thereof shall
be included in such local improvement district.
Black Rock shall use conduit or its functional equivalent to the greatest
extent possible for under- grounding, except for drops from pedestals to subscribers'
homes and for cable on other private property where the owner requests that
conduit not be used. Cable and conduit shall be utilized which meets the highest
industry standards for electronic performance and resistance to interference
or damage from environmental factors. Black Rock shall use, in conjunction
with other utility companies or providers, common trenches for underground
construction wherever available.
3.6 Maintenance and Restoration.
(a) Restoration. In case of disturbance of any street, public
way, paved area or public improvement, Black Rock shall, at its own cost
and expense and in accordance with the requirements of local law, restore
such street, public way, paved area or public improvement to substantially
the same condition as existed before the work involving such disturbance
took place. All requirements of this section pertaining to public property
shall also apply to the restoration of private easements and other private
property. Black Rock shall perform all restoration work promptly. If Black
Rock fails, neglects or refuses to make restorations as required under this
section, then the City may do such work or cause it to be done, and Black
Rock shall pay the cost thereof to the City. If Black Rock causes any damage
to private property in the process of restoring facilities, Black Rock shall
repair such damage.
(b) Maintenance. Black Rock shall maintain all above ground improvements
that it places on City right-of-way pursuant to this franchise. In order
to avoid interference with the City's ability to maintain the right-of-way
Black Rock shall provide a clear zone of five feet on all sides of such
improvements. If Black Rock fails to comply with this provision, and by
its failure, property is damaged, then Black Rock shall be responsible for
all damages caused thereby.
(c) Disputes. In any dispute over the adequacy of restoration or maintenance
relative to this section, final determination shall be the prerogative of
the City of Bellingham Department of Public Works.
3.7 Work on Private Property. Black Rock, with the consent of property owners,
shall have the authority to trim trees upon and overhanging streets, alleys,
sidewalks, and public ways so as to prevent the branches of such trees from
coming in contact with the wires and cables of Black Rock, except that at
the option of the City, such trimming may be done by it or under its supervision
and direction at the reasonable expense of Black Rock.
3.8 Relocation.
3.8.1 City Property. If during the term of the Franchise the City or any
government entity elects or requires a third party to alter, repair, realign,
abandon, improve, vacate, reroute or change the grade of any street, public
way or other public property; or to construct, maintain or repair any public
improvement; or to replace, repair install, maintain, or otherwise alter
any cable, wire conduit, pipe, line, pole, wire-holding structure, structure,
or other facility, including a facility used for the provision of utility
or other services or transportation of drainage, sewage or other liquids,
Black Rock shall, upon request, except as otherwise hereinafter provided,
at its sole expense remove or relocate as necessary its poles, wires, cables,
underground conduits, vaults, pedestals, manholes and any other facilities
which it has installed.
3.8.2 Utilities and Other Franchisees. If during the term of the Franchise
another entity which holds a franchise or any utility requests Black Rock
to remove or relocate such facilities to accommodate the construction, maintenance
or repair of the requesting party's facilities, or their more efficient
use, or to "make ready" the requesting party's facilities for
use by others, or because Black Rock is using a facility which the requesting
party has a right or duty to remove, Black Rock shall do so. The companies
involved may decide among themselves who is to bear the cost of removal
or relocation, provided that the City shall not be liable for such costs.
3.8.3 Notice to remove or relocate. Any utility, other franchisee, or the
City requesting Black Rock to remove or relocate its facilities shall give
Black Rock no less than 45 days' advance written notice to Black Rock advising
Black Rock of the date or dates removal or relocation is to be undertaken;
provided, that no advance written notice shall be required in emergencies
or in cases where public health and safety or property is endangered.
3.8.4 Failure by Black Rock to remove or relocate. If Black Rock fails,
neglects or refuses to remove or relocate its facilities as directed by
the City; or in emergencies or where public health and safety or property
is endangered, the City may do such work or cause it to be done, and the
cost thereof to the City shall be paid by Black Rock. If Black Rock fails,
neglects or refuses to remove or relocate its facilities as directed by
another franchisee or utility, that franchisee or utility may do such work
or cause it to be done, and if Black Rock would have been liable for the
cost of performing such work, the cost thereof to the party performing the
work or having the work performed shall be paid by Black Rock.
3.8.5 Procedure for removal of cable. Black Rock shall not remove any underground
cable or conduit which requires trenching or other opening of the streets
along the extension of cable to be removed, except as hereinafter provided.
Black Rock may remove any underground cable from the streets which has been
installed in such a manner that it can be removed without trenching or other
opening of the streets along the extension of cable to be removed. Subject
to applicable law, Black Rock shall remove, at its sole cost and expense,
any underground cable or conduit by trenching or opening of the streets
along the extension thereof or otherwise which is ordered to be removed
by the City based upon a determination, in the sole discretion
of the City, that removal is required in order to eliminate or prevent a
hazardous condition. Underground cable and conduit in the streets that is
not removed shall be deemed abandoned and title thereto shall be vested
in the City.
3.9 Movement of Buildings. Black Rock shall, upon request by any person holding
a building moving permit, franchise or other approval issued by the City,
temporarily remove, raise or lower its wire to permit the movement of buildings.
The expense of such removal, raising or lowering shall be paid by the person
requesting same, and Black Rock shall be authorized to require such payment
in advance. The City shall require all building movers to provide not less
than 15 days' notice to the Black Rock to arrange for such temporary wire
changes.
Section 4. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS.
4.1 Access Channels.
Black Rock shall satisfy the same public, educational and governmental access
obligations as the local cable operator by providing the same amount of channel
capacity for public, educational and governmental access as the local cable
operator operating in the franchise area.
4.2 PEG Capital Contributions and Facilities. Black Rock and any of its cable
television providers using Black Rock's OVS may attach a separate line item
charge to its residential and common carrier customers for PEG but, regardless,
Black Rock shall remit the same amount, on a per customer basis, as TCI charges
its customers, on a separate line item, for PEG Capital Contributions and
Facilities. These per customer charges and payments shall be of the same duration
as TCI's charges and payments although they may not be time coincident. Black
Rock shall remit said amounts to the City pursuant to the terms and conditions
described in
4.2.1 PEG Operating Expenses. Within 30 days, Black Rock shall adjust its
percentage of gross revenue fee to match TCI's franchise fee in the event
TCI's franchise fee is raised or lowered for the purposes of PEG Operating
Expenses. Black Rock shall remit said amounts to the City pursuant to the
terms and conditions described in Section 4.3.
4.3 Payment of PEG. Black Rock shall pay its PEG contributions as described
herein not later than forty-five (45) days following the end of a given month.
Not later than the date of each payment, Black Rock shall file with the City
a written statement signed by an officer of Black Rock which identifies the
amounts Black Rock and TCI charge their respective residential and common
carrier customers for PEG capital contributions, facilities and operating
expenses to ensure a level playing field. No acceptance of payment shall be
construed as an accord that the amount paid is, in fact, the correct amount,
nor shall such acceptance of payment be construed as a release of any claim
which the City may have for further or additional sums payable under the provision
of this section.
4.4 PEG Channel Capacity. Black Rock shall allocate the same amount of channel
capacity that would be required of TCI for PEG compliance in accordance with
Section 6.1 of TCI's renewal franchise. If TCI shall increase its PEG capacity,
Black Rock shall increase its capacity to equal TCI's PEG capacity not later
than ninety (90) days from the date TCI implements its increased PEG capacity.
4.5 Public Agency Network. Black Rock grants the City a connectivity option
for a minimum of four (4) single-mode fibers between buildings chosen by the
City. If the City exercises this option, the parties will be bound by the
terms and conditions contained herein and covenant to negotiate in good faith
for this option and any other requirements at the time the City exercises
its option.
4.5.1 PAN Terms and Conditions. The following conditions will be the basis
for good faith negotiations between the City and Black Rock:
(a) In the event the City desires its own facility, separate from Black
Rock's facility, the following conditions should apply, (1) The City's
facility will be built by Black Rock primarily on existing wooden utility
poles and the City will be responsible for the actual and reasonable costs
of materials, labor and operating expenses; (2) The City will determine
the routing and construction schedule; and, (3) Black Rock will provide
maintenance at fair market rates.
(b) In the event the City desires to share facilities with Black Rock,
the following conditions should apply, (1) the City will be responsible
for a pro-rata share of actual and reasonable costs of materials, labor
and operating expenses; (2) Black Rock will determine the routing and
construction schedule; and, (3) Black Rock will provide maintenance at
no cost to the City.
(c) In either event, the City will be responsible for all electronics
equipment that would be connected to the fiber.
4.6 Upon request, Black Rock shall provide, without installation charge;
(1) One outlet of Basic Service to Bellingham City Hall, the Whatcom County
Courthouse, the Western Washington University Computing Center, the Bellingham
School District Headquarters, and any public fire station passed by the
Cable System; and
(2) One outlet containing all signals, excluding premium channels, to all
public educational buildings and facilities and all government buildings
and facilities that are passed by the Cable System.
Notwithstanding anything to the contrary set forth in this section, Black
Rock shall not be required to provide an outlet to such buildings unless it
is technically feasible. Said outlets and maintenance of said outlets shall
be provided free of fees and charges.
Section 5. REGULATORY PROVISIONS.
5.1 Intent. In accordance with the provisions of Chapter 6.70 and 13.15 BMC,
the City shall have the right to administer and regulate activities under
the Franchise up to the full extent permitted by applicable federal, state,
and local law.
5.2 Delegation of Authority to Regulate. The City reserves the right to delegate
its regulatory authority wholly or in part to agents of the City including,
but not limited to, an agency which may be formed to regulate several franchises
in the Whatcom County region.
5.3 Areas of Administrative Authority. In addition to any other regulatory
authority granted to the City by law or franchise and subject to federal law
regarding regulation of open video systems, the City shall have administrative
authority in the following areas:
(a) Administering and enforcing the provisions of this Franchise agreement,
including the adoption of administrative rules and regulations to carry
out this responsibility.
(b) Coordinating the operation of public, government and educational
channels.
(c) Coordinating Black Rock's technical, programming and operational assistance
and support to public agency users.
(d) Establishing procedures and standards for making use of Black Rock's
support of public institutional operations and services, provision of dedicated
channels, assistance to public facilities, support for community access,
and the interconnection of the cable system with other area systems.
(e) Planning expansion and growth of public cable services;
(f) Formulating and recommending long-range cable communications policy
for the Franchise area.
(g) Disbursing and utilizing any and all Franchise revenues paid to the
City.
(h) Administering the regulation of rates, to the extent permitted by law.
Black Rock shall cooperate fully in facilitating the City's discharge of
its administrative authority.
5.4 Franchise Violations, Remedies, and Revocation.
5.4.1 Remedies. The City shall have the right to assert the remedies set
out below in the event Black Rock violates any provision of this Franchise
agreement. These remedies are intended to embody the City's and/or the public's
rights under City Charter Article 11.04 to the extent permitted by law.
(a) To the extent the City deems necessary to remedy the default, proceeding
against all or any part of any security provided under the Municipal Code
or this Franchise, including without limitation, any bonds, security funds,
or other surety. Should the City take this action, Black Rock shall be
responsible for all direct and actual costs related to the foreclosure
action including, but not limited to, legal and administrative costs;
(b) Commencing an action at law for monetary damages or seeking equitable
relief, including specific performance:
(c) In the case of a Black Rock's default as to a material provision
of the Franchise, proceeding to revoke the Franchise; or,
(d) Requiring Black Rock to correct or otherwise remedy the violation
prior to considering the approval of any proposed rate increase if rate
regulation is authorized by law and is in effect.
In determining which remedy or remedies for Black Rock's violation are
appropriate, the City shall take into consideration the nature and extent
of the violation, the remedy needed to prevent such violations in the
future, whether Black Rock has a history of previous violations of the
same or similar kind, and such other considerations as are appropriate
under the circumstances.
5.4.2 Revocation. The City has the right to declare a forfeiture or otherwise
revoke this Franchise, and all rights and privileges pertaining thereto,
in the event that:
(a) Black Rock is in violation of any material provision of the Franchise
agreement and fails to correct the violation after written notice of the
violation and proposed forfeiture and a reasonable opportunity thereafter
to correct the violation; or
(b) Black Rock becomes insolvent, unable or unwilling to pay its debts,
or is adjudged a bankrupt; or
(c) Black Rock is found to have engaged in any actual or attempted fraud
or deceit upon the City, persons or subscribers; or
(d) Black Rock fails to obtain and maintain any permit required by any
federal or state regulatory body; or
(e) Black Rock fails to maintain the full amount of its security fund
or to post a performance bond as required under the terms of this Franchise.
5.4.3 Procedure.
5.4.3.1 Summary forfeiture. Upon the occurrence of one of the events
set out in subparagraphs (a) through (e), of section 5.4.2, above, following
14 days' written notice to Black Rock of the occurrence and the proposed
forfeiture and an opportunity for Black Rock to be heard by the City Council,
the City may by resolution or other appropriate document, declare a forfeiture.
If Black Rock requests a hearing, it shall be afforded the right to question
witnesses and to require that all testimony be on the record. Findings
from the hearing shall be written, and shall stipulate the reasons for
the City's decision. If a forfeiture is lawfully declared, all rights
of Black Rock shall immediately be divested without a further act upon
the part of the City.
5.4.3.2 Forfeiture for breach of material provision.
(a) In the event that the City believes that Black Rock has not complied
with the terms of the Franchise (other than those in subsections (b)
through (f) of section 5.3.2), the City shall notify Black Rock in writing
of the exact nature of the alleged noncompliance.
(b) Black Rock shall have 30 days from receipt of the notice described
above to (1) respond to the City contesting the assertion of noncompliance,
or (2) to cure such default or, in the event that by the nature of default
such default cannot be cured within the 30 day period, initiate reasonable
steps to remedy such default and notify the City of the steps being
taken and the projected date that they will be completed.
(c) In the event that Black Rock fails to respond to the notice described
herein or cure the default pursuant to the procedures set forth above,
or in the event that Black Rock contests the assertion of non-compliance,
the City shall schedule a public meeting to investigate the non-compliance.
The City shall give Black Rock 14 calendar days' notice of the time
and place of such meeting and provide Black Rock with an opportunity
to be heard.
(d) In the event the City, after such meeting, determines that Black
Rock is in non-compliance with any provision of the Franchise, the City
may impose any of the remedies set out in section 5.4.1, above.
5.4.3.3 Removal of cable following expiration of franchise. Any order
by the City to remove cable or conduit shall be mailed to Black Rock not
later than thirty (30) calendar days following the date of expiration
of the Franchise. Black Rock shall file written notice with the City Finance
Director not later than 30 calendar days following the date of expiration
or termination of the Franchise of its intention to remove cable intended
to be removed and a schedule for removal by location. The schedule and
timing of removal shall be subject to approval and regulation by the City.
Removal shall be completed not later than 12 months following the date
of expiration of the Franchise.
5.5 Failure to Enforce. Black Rock shall not be relieved of any of its obligations
to comply promptly with any provision of the Franchise by reason of any failure
of the City to enforce prompt compliance, and City's failure to enforce shall
not constitute a waiver of rights or acquiescence in Black Rock's conduct.
5.6 Acts of Nature. Black Rock shall not be held in default or non-compliance
with the provisions of the Franchise, nor suffer any enforcement or penalty
relating thereto, where such non-compliance or alleged defaults are caused
by acts of nature, power outages, or other events reasonably beyond its ability
to control. However, Black Rock shall take all reasonable steps necessary
to provide service despite such occurrences.
5.7 Alternative Remedies.
(a) As an alternative to the remedy set forth herein, the parties may mutually
agree to submit any alleged violation of the provisions of this franchise
to arbitration. The matter shall be determined by a board of three arbitrators,
all of whom shall be citizens and taxpayers of the State of Washington,
and shall be selected as follows: one by the City Council, one by the Franchisee,
and one by the two so appointed. Should the two arbitrators be unable to
name a third, such third arbitrator shall be named by a judge of the Superior
Court for Whatcom County. Said board shall make its decision in writing
and file its decision with the parties within 60 days from the date of the
appointment of the final arbitrator. The decision of the board shall be
by a majority vote and signed by at least two arbitrators. The written decision
shall be final and binding upon the parties.
(b) No provision of this Franchise shall be deemed to bar the right of
the City to seek or obtain judicial relief from a violation of any provision
of the Franchise or any rule, regulation, requirement or directive promulgated
thereunder. Neither the existence of other remedies identified in the Franchise
nor the exercise thereof shall be deemed to bar or otherwise limit the right
of the City to recover monetary damages (except where liquidated damages
are otherwise prescribed) for such violation by Black Rock, or
to seek and obtain judicial enforcement of Black Rocks obligations by means
of specific performance, injunctive relief or mandate, or any other judicial
remedy at law or in equity.
5.8 Compliance with the Laws; eminent domain. Black Rock shall comply with
all federal and state laws and regulations, including regulations of any administrative
agency thereof, as well as all general ordinances, resolutions, rules and
regulations of the City heretofore or hereafter adopted or established during
the entire term of this Franchise. Nothing in the Franchise shall limit the
City's right of eminent domain under state law. Nothing in the Franchise shall
be deemed to waive the requirements of any lawful code, ordinance or resolution
of the City requiring permits, fees to be paid, or regulation of construction.
Section 6. REPORTING REQUIREMENTS.
6.1 Quarterly Reports. If Black Rock should obtain $100,000.00 per month
in gross revenue, Black Rock shall comply with the following quarterly reporting
requirements. So long as Black Rock does not obtain $100,000.00 in gross revenue,
it shall not have a quarterly reporting requirement. If a quarterly report
is required, Black Rock shall:
(a) Within 45 calendar days after the end of each fiscal quarter of Black
Rock, Black Rock shall submit to the City along with its franchise fee payment
a financial report showing the basis for computation of such fees. This
report shall separately indicate revenues received by Black Rock within
the City from such items as basic service, pay TV service, and
other sources of revenue.
(b) Within 60 days after the end of each of Black Rock's fiscal quarters,
Black Rock shall submit a written report to the City, verified by an officer
of Black Rock, which shall contain:
(1) A statement of all revenues earned by Black Rock or any parent or
affiliate (other than a programming affiliate), related to operation of
the cable system in the Franchise area, identified by source or type,
e.g., basic, premium, pay per view, installation, advertising, etc. The
statement shall be signed by an officer of Black Rock with an explicit
certification by the officer that the reported amounts are an accurate
reflection of the books and records of Black Rock and are consistent with
the requirements of this Franchise;
(2) An identification and explanation of any adjustment in the amount
of gross revenues made in determining the Franchise fee calculation base;
and
(3) A calculation establishing the Franchise fee due and owing.
6.2 Annual Report. Black Rock shall, no later than five months following
the end of Black Rock's fiscal year, present a written report to the City,
which shall include:
(a) A summary of gross revenue calculations for the previous year.
(b) A signed copy of the previous year's tax return for Black Rock.
(c) A summary of the previous year's activities for the Franchise area
served by Black Rock including, but not limited to, the total number of
subscribers for each category of service, the number of homes passed, miles
of overhead and underground cable plant.
6.3 Additional Reports. Black Rock shall prepare and furnish to the City,
at the times and in the form prescribed, such additional reports with respect
to its operation, affairs, transactions, or property, as may be reasonably
necessary to ensure compliance with the terms of this Agreement.
6.4 Communications with Regulatory Agencies. Upon request by the City, a
summary of, or if the City requests, actual copies of, all petitions, applications,
communications, and reports submitted by Black Rock to the FCC or any other
federal or state regulatory commission or agency having jurisdiction with
respect to any matter affecting construction or operation of the Open Video
System Franchised hereunder or services provided through such system. Such
information shall be filed with the City no later than 10 days from the date
of the request. Upon request, copies of responses or any other communications
from the regulatory agencies to Black Rock or any affiliate pertaining to
the system likewise shall be filed.
In addition, Black Rock and its affiliates shall within 10 days of any communication
to or from any judicial or regulatory agency regarding any alleged or actual
violation of a law, regulation or other requirement relating to the system,
provide the City a copy of the communication, whether specifically
requested by the City to do so or not.
Section 7. COMPENSATION AND FINANCIAL PROVISIONS.
7.1 Gross Revenue Fees. During the term of the Franchise, Black Rock shall
pay to the City an amount equal to 3% of annual gross revenues. From time
to time, the City may increase the gross revenue fee but, in no event, shall
the fee be greater than 5% of annual gross revenues. If any such law, regulation
or valid rule alters the 5% ceiling, the City shall have the authority to,
but shall not be required to, increase the gross revenue fees accordingly,
provided such increase is for purposes not inconsistent with Federal law.
(a) Gross revenue fees shall be paid monthly, not later than 45 days following
the end of a given month. Not later than the date of each payment, Black
Rock shall file with the City, a written statement signed by an officer
of Black Rock, which identifies in detail the sources and amounts of gross
revenues earned by Black Rock during the period for which payment is made.
No acceptance of any payment shall be construed as an accord that the amount
paid is, in fact, the correct amount, nor shall such acceptance of payment
be construed as a release of any claim which the City may have for further
or additional sums payable under the provisions of this section.
(b) Neither current nor previously paid gross revenue fees shall be subtracted
from the gross revenue amount upon which gross revenue fees are calculated
and due for any period, unless otherwise required by applicable law. Nor
shall copyright fees or other license fees paid by Black Rock be subtracted
from gross revenues for purposes of calculating gross revenue fees.
(c) Any gross revenue fees owing pursuant to this Franchise which remain
unpaid more than 45 days after the dates specified herein shall be delinquent
and shall thereafter accrue interest at 12% per annum or 2% above prime
lending rate as quoted by major Seattle banks, whichever is greater.
7.2 Auditing and Financial Records. Black Rock shall manage all of its operations
in accordance with a policy of keeping books and records open and accessible
to the City. The City shall have the right as necessary or desirable for effectively
administering and enforcing the Franchise, to inspect at any time during normal
business hours upon reasonable notice, all books, records, maps, plans, financial
statements, service complaint logs, performance test results, records required
to be kept by Black Rock and any parent company pursuant to the rules and
regulations of the FCC and other regulatory agencies, and other like materials
of Black Rock and any parent company which relate to the operation of the
Franchise. Black Rock shall not deny access to the aforementioned records
to representatives of the City on the basis that said records contain "proprietary"
information. However, to the extent allowed by Washington law, the City shall
protect the trade secrets and other confidential information of Black Rock
and any parent company. All books and records relating to Black Rock's activities
under the Franchise shall be, or upon request be made, available in the City
of Bellingham.
Black Rock agrees to meet with representatives of the City upon request to
review its methodology of record-keeping, financial reporting, computing gross
revenue fee obligations, and other procedures the understanding of which the
City deems necessary for understanding the meaning of reports and records.
The City or its authorized agent may at any time and at the City's own expense
conduct an independent audit of the revenues of Black Rock in order to verify
the accuracy of gross revenue fees paid to the City. Black Rock and each parent
company of Black Rock shall cooperate fully in the conduct of such audit.
In the event it is determined through such audit that Black Rock has paid
franchise fees in a lesser amount of more than 2% than was due the City, then
Black Rock shall reimburse the City for the entire cost of the audit within
30 days of the completion and acceptance of the audit by the City.
The City agrees to request access to only those books and records, in exercising
its rights under this section, which it deems reasonably necessary for the
enforcement and administration of the Franchise.
7.3 Performance Bond. Within 30 days after the award of this Franchise, but
in no event sooner than the final reading of the Franchise ordinance, Black
Rock shall submit to the City Attorney, which shall be filed with the City
Finance Director, a performance bond running to the City, with good and sufficient
surety licensed to do business in the State of Washington and approved by
the City in the amount of $10,000.00, conditioned that Black Rock shall well
and truly observe, fulfill, and perform each term and condition of the Franchise.
This bond shall be conditioned that in the event Black Rock shall fail to
comply with any one or more of the provisions of this Franchise, then there
shall be recoverable jointly and severally from the principal and surety of
such bond, any damages suffered by the City as a result thereof, including
the full amount of any compensation, indemnification, or cost of removal or
abandonment of property as prescribed; said condition to be a continuing obligation
for the duration of the Franchise and thereafter until Black Rock has liquidated
all of its obligations with the City that may have arisen from the acceptance
of the Franchise by Black Rock or from its exercise of any privilege herein
granted. Written evidence of payment of required premiums shall be filed and
maintained with the City. In lieu of the bond, Black Rock may provide for
a letter of credit or similar arrangement to be established giving the City
rights substantially the same as the rights of the City in relation to the
bond, the provisions of which letter of credit or other arrangement shall
be subject to the approval of legal counsel for the City.
Neither the provisions of this section, any bond accepted by the City pursuant
thereto, nor any damages recovered by the City thereunder shall be construed
to excuse faithful performance by Black Rock or to limit liability of Black
Rock under the Franchise or for damages, either to the full amount of the
bond or otherwise, except as otherwise provided herein.
7.4 Validity of Bond. It at any time during the term of the Franchise, the
condition of the entity issuing the bond shall change in such a manner as
to render the bond unsatisfactory to the City, Black Rock shall replace such
bond by a bond of like amount and similarly conditioned, issued by an entity
satisfactory to the City. The City Council, from time to time, may authorize
or require appropriate and reasonable adjustments in the amount of the bond;
provided, however, that prior to any required increase in the amount of the
bond, the City shall give Black Rock at least 60 days prior notice thereof
stating the exact reason for the requirement. Such reasons must demonstrate
a change in Black Rock's business practices, which would materially prohibit
or impair its ability to comply with the terms of the Franchise or afford
compliance therewith.
7.5 Security Fund.
(a) Within 30 days after the effective date of this Franchise, Black Rock
shall deposit into a bank account, established by the City, and maintained
through the term of this Franchise with interest running to Black Rock,
the sum of $25,000, as security for the compliance with all orders, permits
and directions of any agency of the City, and for the payment of any claims,
liens and taxes due the City or liquidated damages imposed by the City which
arise by reason of the construction, operation or maintenance of the system
or pursuant to the terms of this agreement.
(b) Within 30 days after notice to it that any amount has been withdrawn
by the City from the security fund pursuant to subdivision (a) of this section,
Black Rock shall deposit a sum of money sufficient to restore such security
fund to the original amount in the account at the time of withdrawal.
(c) If Black Rock fails, after 10 days' notice to pay the City any delinquent
fees, taxes or other amounts due and unpaid according to the terms of this
Franchise; or, fails to repay to the City, after such 10 days' notice, any
damages, costs or expenses which the City shall be compelled to pay by reason
of any act or default of Black Rock in connection with this Franchise: or
fails, after 45 days' notice of such failure by the City to comply with
any provision of the Franchise which the City reasonably determines can
be remedied by an expenditure of the security, the City may immediately
withdraw the amount thereof, with interest and any penalties, from the security
fund. Upon such withdrawal, the City shall notify Black Rock of the amount
and date thereof.
(d) The security fund deposited pursuant to this section shall become the
property of the City in the event that the Franchise is canceled by reason
of the default of Black Rock or revoked for cause. Black Rock, however,
shall be entitled to the return of such security fund, or portion thereof
as remains on deposit at the expiration of the term of the Franchise, or
upon termination of the Franchise at an earlier date, upon payment of all
sums then due from Black Rock to the City hereunder.
(e) The rights reserved to the City with respect to the security fund are
in addition to all other rights of the City whether reserved by this agreement
or authorized by law, and no action, proceeding or exercise of a right with
respect to such security fund shall affect any other right the City may
have.
(f) In lieu of the security fund provided for herein, Black Rock may provide
for a letter of credit or similar arrangement to be established giving the
City rights substantially the same as the rights of the City in relation
to the security fund, the provisions of which letter of credit or other
arrangement shall be subject to the approval of legal counsel for the City.
7.6 Indemnification by Black Rock. Black Rock shall, at its sole expense,
fully indemnify, defend and hold harmless the City, and in their capacity
as such, the officers and employees thereof, from and against any and all
claims, suits, actions, liability and judgments for damage or otherwise
except those arising wholly from negligence on the part of the City or its
employees; for actual or alleged injury to persons or property, including
loss of use of property due to an occurrence, whether or not such property
is physically damaged or destroyed, in any way arising out of or through or
alleged to arise out of or through the acts or omissions of Black Rock or
its officers, agents, employees, or contractors or to which Black Rock's or
its officers, agents, employees or contractors acts or omissions in any way
contribute, and whether or not such acts or omissions were authorized or contemplated
by this Franchise or applicable law; arising out of or alleged to arise out
of any claim for damages for Black Rock's invasion of the right of privacy,
defamation of any person, firm or corporation, or the violation of infringement
of any copyright, trademark, trade name, service mark or patent, or of any
other right of any person, firm or corporation; arising out of or alleged
to arise out of Black Rock's failure to comply with the provisions of any
statute, regulation or Resolution of the United States, State of Washington
or any local agency applicable to Black Rock in its business. Nothing herein
shall be deemed to prevent the City, its officers, or its employees from participating
in the defense of any litigation by their own counsel at such parties' expense.
Such participation shall not under any circumstances relieve Black Rock from
its duty of defense against liability or of paying any judgment entered against
the City, its officers, or its employees.
7.7 Black Rock Insurance. In accordance with BMC 13.15.160, Black Rock shall
maintain, throughout the term of the Franchise, liability insurance insuring
the City and Black Rock, their respective officers, employees and agents,
with regard to all claims and damages specified herein, in the minimum amounts
of:
(a) $1,000,000 for personal injury or death to any one person and $3,000,000
aggregate for personal injury or death per single accident or occurrence.
(b) $1,000,000 for property damage to any one person and $3,000,000 aggregate
for property damage per single accident or occurrence.
(c) $1,000,000 for all other types of liability.
Such insurance shall specifically name as additional insured the City of
Bellingham, its officers, and employees, and shall further provide that the
policy shall not be modified or canceled during the life of this Franchise
without giving 30 days' written notice to the City.
Black Rock shall file with the City copies of all certificates of insurance
showing up-to-date coverage, additional insured coverage, and evidence of
payment of premiums as set forth above. Coverage shall not be changed or canceled
without approval of the City, and failure to maintain required insurance may
be considered a breach of this agreement. The City may, at its option, review
all insurance coverage. If the City Risk Manager determines that circumstances
require and that it is reasonable and necessary to increase insurance coverage
and liability limits to adequately cover the risks of the City and Black Rock,
the City may require additional insurance to be acquired by Black Rock. The
City shall provide Black Rock written notice should the City exercise its
right to require additional insurance. All insurance shall provide 30 days'
prior written notice to the City in the event of modification or cancellation.
Black Rock shall provide written notice to the City within 30 days after any
approved reduction in the general annual aggregate limit.
Section 8. MISCELLANEOUS PROVISIONS.
8.1 Posting and Publication. Black Rock shall assume the cost of posting
and publication of this Franchise Ordinance as such posting and publication
is required by law and such is payable upon Black Rock's filing of acceptance
of this Franchise.
8.2 Guarantee of Performance. Black Rock agrees that it enters into this
Franchise Ordinance voluntarily in order to secure and in consideration of
the grant from the City of a 15 year Franchise. Performance pursuant to the
terms and conditions of this Franchise agreement is guaranteed by Black Rock.
8.3 Entire Agreement. This Franchise agreement contains the entire agreement
between the parties, supersedes all prior agreements or proposals except as
specifically set forth herein, and cannot be changed orally but only by an
instrument in writing executed by the parties. This Franchise is made pursuant
to Chapter 6.70 and 13.15 BMC and is intended to comply with all requirements
set forth therein.
8.4 Consent. Wherever the consent or approval of either Black Rock
or the City is specifically required in this agreement, such consent or approval
shall not be unreasonably withheld.
8.5 Franchise Acceptance. Black Rock shall execute and return to the
City three original franchise agreements. The executed agreements shall be
returned to the City accompanied by performance bonds, security funds, and
evidence of insurance, all as provided in this Franchise agreement. In the
event Black Rock fails to accept this Franchise agreement, or fails to provide
the required documents, this Franchise shall be null and void.
8.6 Effective Date. This Ordinance shall be effective ___________1999;
provided, however, that if Black Rock does not accept this Franchise and comply
with all conditions for such acceptance set forth herein prior to the effective
date, this Ordinance shall be null and void.
8.7 Force Majeure. In the event that either party is prevented or
delayed in the performance of any of its obligations, under this Agreement
by reason of acts of God, floods, fire, hurricanes, tornadoes, earthquakes,
or other unavoidable casualties, insurrection, war, riot, vandalism, strikes,
sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor,
freight embargoes, shortages or unavailability of materials or supplies, unusually
severe weather conditions, acts or omissions of the other party, or any other
similar event beyond the reasonable control of that party, it shall have a
reasonable time under the circumstances to perform such obligation under this
Agreement, or to procure a substitute for such obligation to the reasonable
satisfaction of the other party.
8.8 Best Efforts. While the Cable Act may not allow the regulation of certain
aspects of an OVS operator, Black Rock nevertheless agrees to use its best
efforts to ensure the following:
8.8.1 Emergency Alert Capability. While the FCC has not required OVS operators
to provide an emergency alert capability at this time, Black Rock will use
its best efforts to provide said emergency alert capability to its subscribers
at its soonest opportunity.
8.8.2 Obscenity. Black Rock will exercise its best efforts to prevent the
transmission of programming which is obscene or otherwise unprotected by
the United States Constitution; provided, however, Black Rock shall in no
way be responsible for programming over which it has no editorial control,
including public, educational and governmental access programming.
8.8.3 Parental Control Device. Upon a subscriber's request, Black Rock
shall use its best efforts to make available a parental control device that
will enable the subscriber to block all access to any and all channels without
affecting those not blocked.
PASSED by Council this _____ day of ___________,1999.
_______________________________
Council President
APPROVED by me this _____day of ____________,1999.
_______________________________
Mayor
ATTEST: ___________________________
APPROVED AS TO FORM:
______________________________________
Office of the City Attorney
Published:______________________________
ACCEPTED BY BLACK ROCK CABLE INC.
DATE: ________________________________
BY:___________________________________
Name:
Title:
GUARANTEE OF PERFORMANCE. On behalf of Black Rock Cable, Inc., the Franchisee
herein, and a corporation duly authorized to do business in Washington State,
I represent as follows:
(1) That I am an officer of Black Rock Cable, Inc., duly authorized to make
the following
representation:
(2) That I have read and understand this Ordinance granting the franchise
herein; and,
(3) That Black Rock Cable, Inc., hereby unconditionally guarantees performance
of each and every obligation of Black Rock Cable, Inc., set forth herein, and
will timely provide to the City of Bellingham a duly executed Guarantee in Lieu
of Security Fund acceptable to the City.
DATE:__________________________
BY:_____________________________
Name:
Title:
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