HomeMy WebLinkAboutRes 0551 - Northwest Cablevision for TV Cable Undergrounding FranchiseCITY OF
WASHINGTON
RESOLUTION NO. 551
A RESOLUTION AUTHORIZING THE MAYOR TO
NEGOTIATE AND EXECUTE AN AGREEMENT WITH
NORTHWEST CABLEVISION FOR PARTICIPATION
IN TV CABLE UNDERGROUNDING.
WHEREAS, the City of Tukwila has started its planned utility
undergrounding project and
WHEREAS, Northwest Cablevision Inc. doing business as TelePrompTer
of Seattle is the franchise holder for cable TV in the City, and
WHEREAS, Northwest Cablevision has not kept the terms of the
franchise in regard to the undergrounding of cable TV facilities, and
WHEREAS, The City feels that it is for the benefit of the citizens
to have cable TV facilities underground;
NOW, THEREFORE, the City Council of the City of Tukwila, Washington,
does resolve as follows:
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this 16th day of August 1976.
The Mayor is authorized to negotiate and execute an agree-
ment with Northwest Cablevision Inc. doing business as
TelePrompTer of Seattle to provide for the undergrounding
of cable TV facilities. The agreement is to provide among
other things,
1. The City will participate to the following extent:
$120.00 per lot through 1976. Said contract will be
negotiated January of each succeeding year until the
total project is finished.
2. All facilities paid for by the city shall remain the
property of the city.
3. Nothing in the agreement shall amend or change the provisions
of the franchise granted to Northwest Cablevision Inc.
Edgar D. Bauch Mayor
Maxine Anderson City Clerk
AGREEMENT
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THIS AGREEMENT made this /6 day of r62301i9iC/
by and between the City of Tukwila, Washington, a municipal
corporation, "City" herein) and Northwest Cablevision, Inc.,
d /b /a Teleprompter of Seattle "Teleprompter" herein).
RECITALS
A. Teleprompter is a "communications utility" within the
meaning and scope of RCW 35.96.020, providing cable television
service within the City pursuant to a franchise granted by City
Ordinance No. 675.
B. The City is presently engaged in an undergrounding
utilities improvement program which contemplates eventual under-
ground installation of all utilities, including cable television,
within the City. A portion of that program, identified as 57th
Avenue South -Job #75 -6, is presently in progress, and separate
agreements have been entered into between the City of Tukwila
and the power and telephone utilities relating to this individual
"Conversion Area It is contemplated that the remainder of City's
improvement program will be similarly broken down into separate
identifiable Conversion Areas, with participation by the afore-
mentioned utilities provided through separate agreements for each
Area. Notwithstanding arrangements made with other utilities,
it is the intent of the City that this agreement entered into with
Teleprompter shall relate to and be binding upon Teleprompter's
participation in all subsequent Conversion Areas.
C. The Conversion Areas are to be improved by the City and
such improvements shall meet City specifications.
D. To prevent possible loss of cable television service
within its boundaries and to preserve and protect the welfare of
its citizens, City is willing to participate in financing conver-
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sion of overhead facilities to underground installation on the
terms and conditions set forth herein.
E. City recognizes that full participation in its under
grounding program by Teleprompter will result in extension of
cable television service to areas where construction would not
ordinarily be economically feasible and where the showing required
to extend service under Ordinance No. 675 has not previously
been made. The City has determined that extension of the cable
television system at this time will benefit the City as a whole
by insuring installation of cable television facilities through-
out the City for future uses and by avoiding disruption of the
streets for future installation. The City is therefore prepared
to provide financial assistance for underground installation of
cable television facilities in these areas previously not served,
also on the terms and conditions stated herein.
AGREEMENTS
1. Teleprompter shall furnish and install within each
Conversion Area, in accordance with its standard specifications,
a cable television system capable of providing at least the
same level of service as now provided through its overhead system
within the City.
2. Teleprompter shall, at no expense to the City, furnish
and install conduit: from the main distribution line to the loca-
tion of service connections of structures located on private prop-
erty adjacent to the public street in such manner as to permit
future installation of individual cable television distribution
lines to said structures without further disruption of the surface.
3. Teleprompter shall remove the existing overhead cable
television system no later than the time set for removal of
telephone facilities, the exact schedule for removal to be coordi-
nated with the other utilities participating in the project. The
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City acknowledges the necessity of having the existing overhead
system remain in its present location until removal of the same
can be accomplished pursuant to the foregoing provisions.
4. The City agrees to provide, at no cost to Teleprompter,
all trenching and restoration required for the cable television
system, when in conjunction with other utility undergrounding,
exclusive of trenching and restoration necessary to provide ser-
vice to individual property owners as provided in paragraph 2 above,
which costs shall be borne by the individual property owner.
5. All conduit (except conduit installed pursuant to para-
graph 2, above) and access hardware (commonly known as "pedestals"
and "handholes installed pursuant to this agreement shall be
and remain the sole property of the City, subject to right of
access and entry by Teleprompter as reasonably necessary to in-
stall, maintain, and replace elements of the cable television sys-
tem. Ownership of all cable and electronic equipment used in the
cable system shall be and remain with Teleprompter; Provided, in
the event Teleprompter refuses or through lack of reasonable
diligence, fails to complete undergrounding of its system pursuant
to this agreement, ownership of all cable (except individual dis-
tribution lines) installed and in service at the time of termina-
tion of its franchise shall pass automatically to the City.
6. Upon the application of an owner or occupant of real
property adjacent to the public street in which the cable'televi-
sion system is located, Teleprompter will provide an individual
distribution line from the service connection of any single family
residential structure to the property line adjacent to said public
street at no charge to existing subscribers, and at its ordinary
installation charge for others, on condition that said owner or
occupant shall provide trenching and restoration from the service
connection point to the main distribution cable. Conduit for such
individual distribution line shall be provided by Teleprompter
as set forth herein, regardless of whether service is requested
under this paragraph. The City shall notify all owners or
occupants of the foregoing condition when necessary.
7. The City recognizes that the cable television system
will require space for underground facilities, including electron-
ic equipment, which may be located on privately -owned property,
and may require the grant of easements or other operating rights
to release this conversion project for construction. Teleprompter
shall use its best efforts to obtain the same where necessary.
8. The City shall be responsible for coordinating the in-
stallation of all aspects of the street improvement project and
shall give Teleprompter reasonable prior notice as to when the
cable television system may be installed with a minimum of inter-
ference from the installation of other improvements. Teleprompter
shall not be required to install its cable television system until
the area in which said system is to be installed has been established
to grade.
9. Teleprompt:er's performance hereunder shall commence immed-
iately as to the ongoing project (57th Avenue South -Job #75 -6) and
within a reasonable time following written notice from the City re-
questing such performance and stating that City has performed all
necessary preliminary work as required herein, as to any subsequent
Conversion Areas. Teleprompter shall use reasonable diligence in
meeting its obligations hereunder, but shall not be liable for any
delays resulting from circumstances beyond its control.
10. Teleprompter shall at all times protect, indemnify, and
hold harmless they City from all liability, claims, actions, suits,
loss, expense, costs, or damage of every kind and description, in-
cluding out -of- pocket expenses, such as attorney's fees, and shall
also include the reasonable value of any services rendered by the
city attorney or his assistants or any employees of the City, due
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to casualty, accident, or damage either to the City or its prop-
erty, or to other persons or property, which may at any time
arise or occur by reason of the exercise by Teleprompter of any
of the rights and privileges herein granted, or by reason of
the performance of or in connection with any work or activity of
Teleprompter.
11. The City expressly does not intend by this agreement
to excuse Teleprompter from performance of any of its obligations
and responsibilities under Ordinance No. 675, except to the
extent Teleprompter's obligation to participate in underground
installation at no expense to the City is hereby relieved. All
other provisions of said Ordinance shall remain in full force
and effect.
12. In consideration of Teleprompter's performance of the
duties set forth herein, the City shall, after completion of the
first Conversion Area, defined above as "57th Avenue South -Job
#75 -6" pay to Teleprompter.the sum.of $18,120 (computed on the.
basis of 151 lots x $120.00 per lot). Subtequent undergu
by Teleprompter shall be paid on the basis of pe of x the
number of lots passed; Provided, the amount per lot for any work
performed by Teleprompter pursuant to this agreement after Decem-
ber 31, 1977, shall be increased in the same proportion as any
increase in the "Wholesale Price Index for All Commodities" pub-
lished by the U. S. Department of Labor's Bureau of Labor Statis-
tics applicable to the Seattle, Washington area.
13. Payments required under paragraph 12, above, shall be
made in the following manner: 80 percent of the payment for a
given Conversion Area shall be made to Teleprompter within 30 days
after completion of the Conversion Area. The remaining 20 percent
may be withheld by the City until such time as Teleprompter has
completed all work on the next succeeding Conversion Area to the
satisfaction of the City. If commencement of work on the next
succeeding Conversion Area is delayed for more than nine months,
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or if, once underway, it is delayed for more than 90 days through
no fault of Teleprompter, any amount withheld from the preceeding
Conversion Area shall be immediately payable to Teleprompter.
Payment for the final Conversion Area undergrounded pursuant to
this agreement shall be made in full within 30 days after comple-
tion.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the date first above written.
NORTHWEST CABLEVISION, INC.
d /b /a Teleprompter of Seattle
by.4c
C. W. GRINSTEAD, Manager
CITY OF TUKWILA
by FCG"4 4,4
EDGAR D.vBAUCH, Mayor
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