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HomeMy WebLinkAboutCable Franchise Legislation (1977-1989) - r'. i-:•'•-----.-i-':'''''''...':'-''''''::-'•,••• '-'1-'''... '-' ''f,-.i:"''''•:,•,---.'', ::-,...1.'..,:,,•--i'''.".c.,:-..'--J ''.-;----:',-. ...'"-•..'.:-r::-:%.-4'. ..;-.1'":',.:2,-1.:-..\.'''''':.--i.:.;.:-..rh' '•j.,1,-.:.,.-.j:?:".;',.1,1' :•.--,1 f-',..„..Plev6: H'--6.1.4\--)2):€.) _ li �1 . , :'F — I„ - _0 s r I I) I77 1 ;Y ,......, ,,..„„.„.. ,,......._.„.,...,...„7... .. 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I� w . 1 CITY OF RENTON, •WASHINGTON RESOLUTION NO . 2386 A RESOLUTION GRANTING MUNICIPAL APPROVAL TO THE MERGER OF TELEPROMPTER CORPORATION AND 'A• SUBSIDIARY OF WESTINGHOUSE ELECTRIC CORPORATION WHEREAS Northwest Cablevision, Inc . , ("Northwest Cablevision") . a subsidiary of Teleprompter Corporation ("Tele- prompter") , is the cable .television francisee in Renton, . • Washington; and • WHEREAS ,: Westinghbuse' E.lectric Corporation ("Westinghouse") proposes . to acquirecontrol of Northwest Cablevision through a • merger between Teleprompter and a subsidiary of Westinghouse , as set forth in a letter application• dated January 26 , 1981 ; and WHEREAS° approval has been requested to the proposed • merger; NOW THEREFORE , THE CITYCOUNCIL' OF THE CITY OF RENTON , WASHINGTON, DO RESOLVE .AS FOLLOWS : • • SECTION I : The above .recitals ' are found to be true . and correct in all respects SECTION II : The City sofRenton hereby grants its approval , as requested, to pe mit. Westinghouse to acquire control of. Northwest Cablevision .through .the merger of Teleprompter and • a subsidiary of Westinghouse ;• all as set forth in the letter application , dated January . 26, , 1981.. PASSED BY .THE CITY . COUNCIL this • 16 day, of March , 1981 , • • • Delores A. Mea ity Clerk . APPROVED BY THE MAYOR this 16th.day of March , 1981 . 346X-GishCi Barbara Y .' Shinpo h, Mayor • Approved as tp form; Lawrence J . -Warren, Ciy-•Attorney ' - I • (e.) CITY OF RENTON , WASHINGTON RESOLUTION NO . 2497 A RESOLUTION GRANTING APPROVAL OF THE TRANSFER OF FRANCHISE OF CLEARVIEW T .V . CABLE TO GROUP W CABLE . WHEREAS Clearview T. V . Cable holds a cable television franchise in Renton , Washington , and WHEREAS under the terms of Section 17 of City of Renton Ordinance No . 3137 , any transfer , lease , sale , merger or consolidati( of such a franchise must be approved by the City Council of the City of Renton, and WHEREAS under the terms of that same Ordinance a public hearing was necessary and was held on February 28 , 1983 , and WHEREAS Group W Cable has agreed to voluntarily take the following actions in order to convince the City Council that this transfer of franchise should be approved : 1 . The Clearview T. V. Cable System will be upgraded to a status equal to or greater than the present system maintained by Group W throughout the rest of the City of Renton within twenty- four (24) months . 2 . Group W will not request a rate increase for this franchise until the system has been upgraded as referenced in the prior subsection . 3 . The bond for this franchise will be increased to $15 , 000 . 00 and liability insurance will be increased to the face amount of $1 , 000 , 000 . 00 with limits of not less than $500 , 000 . 00 per incident , $1 , 000 , 000 . 00 cumulation for both property injury and bodily injury . THE CITY COUNCIL OF THE CITY OF RENTON , WASHINGTON, DO RESOLVE AS FOLLOWS : • %a • • SECTION I : The above recitals are found to be true and correct in all respects . SECTION II : The transfer of the Clearview T.V . Cable Franchise to Group W Cable is found to not be in violation of the public interest . SECTION III : The City of Renton hereby grants its permission for the transfer of the franchise held by Clearview T . V . Cable with the City of Renton to Group W Cable , under the same terms and . conditions as the original franchise of Clearview T.V. Cable . PASSED BY THE CITY COUNCIL this 21st day of March, 1983 . L Maxine E. Motor , City Clerk • APPROVED BY THE MAYOR this 21st day of March, 1983 . "tififtbaltte) Oat) Barbara Y .hinpoc , Mayor Approved as to form: Lawrence J. Wren , City Attorney , CITY OF RENTON, WASHINGTON RESOLUTION NO . 2517 A RESOLUTION CONFIRMING COUNCIL APPROVAL FOR ULTIMATE CONSOLIDATION OF CABLE TV FRANCHISES WHEREAS the City of Renton granted a cable TV franchise to Clearview TV Cable , and WHEREAS City of Renton also granted a cable TV franchise to Teleprompter ; and WHEREAS Group W Cable has now assumed both cable TV franchises , although at different times and under different conditions , NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS : SECTION I : The above recitals are found to be true and correct in all respects . SECTION II : That once the conditions contained in Resolution No . 2497 concerning the approval of the transfer of the franchise of Clearview to Group W have been satisfied, then the City Council of the City of Renton does hereby resolve to combine the two franchises into one franchise under one set of terms and conditions . PASSED BY THE CITY COUNCIL thisllth day of July , 1983 . Maxine E. Mbtor , City Clerk APPROVED BY THE MAYOR this 11th day of July , 1983 . ? b3 4.S44-*)Barbara . Shin , Mayor Approved as to form: Lawrence J. W ren, City Attorney CITY OF RENTON, WASHINGTON RESOLUTION NO. 2641 A RESOLUTION GRANTING APPROVAL OF THE TRANSFER OF FRANCHISE OF GROUP W CABLE TO TCI CABLEVISION OF WASHINGTON, INC. WHEREAS Group W Cable holds a cable television franchise in Renton, Washington, and wishes to assign that franchise to TCI Cablevision of Washington, Inc . ; and WHEREAS under the terms of Section 17 of City of Renton Ordinance No. 3137 , any transfer, lease , sale, merger or consolidation of such a franchise must be approved by the City Council of the City of Renton; and WHEREAS under the terms of that same Ordinance a public hearing was necessary and was held on April 21 , 1986 ; and WHEREAS TCI Cablevision of Washington, Inc . has agreed to voluntarily take the following actions in order to convince the City Council that this transfer of franchise should be approved: 1 . TCI Cablevision of Washington, Inc . will not request or make a rate increase for this franchise until December 29 , 1986 . 2 . TCI Cablevision of Washington, Inc . will provide the City of Renton with a character generator, a channel and any equip- ment required for the airing of a community bulletin board throughout Renton, subject to resolution of technical considerations . 3 . TCI Cablevision of Washington, Inc . will supply cable to Garden Court North in Renton. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: RESOLUTION NO. 2641 SECTION I: The above recitals are found to be true and correct in all respects . SECTION II: The transfer of the Group W Cable Franchise to TCI Cablevision of Washington, Inc . is found to not be in violation of the public interest. SECTION III: The City of Renton hereby grants its permission for the transfer of the franchise held by Group W Cable with the City of Renton to TCI Cablevision of Washington, Inc . , under the same terms and conditions as the original franchise of Group W Cable . PASSED BY THE CITY COUNCIL this 28th day of April, 1986 . Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 28th day of April, 1986 . Barbara Y. inpoch, Mayor Approved as to form: Lawrence J.42A/V-r.evair44 .7440. 1,--- en, City Attorney Exhibit A Enabling Ordinance No. 3137; dated May 16, 1977 Enabling Ordinance and Grant of Franchise to Teleprompter No. 3155; dated September 12, 1977 Resolution Granting Transfer of Franchise from Teleprompter to Group W No. 2497; dated March 21, 1983 Resolution Consolidating Franchises No. 2517 dated July 11, 1983 • • • � I 1399B/NI - 4 ~ i i -(c' / CITY OF RENTON, WASHINGTON RESOLUTION NO. 2647 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING THE SALE OF THE STOCK OF GROUP W CABLE, INC. TO FIVE BUYERS, THE ASSIGNMENT AND/OR TRANSFER OF THE FRANCHISE TO A WHOLLY-OWNED AFFILIATE OF GROUP W CABLE, INC. AND THE CHANGE OF CONTROL OF SAID WHOLLY-OWNED AFFILIATE TO TCI CABLEVISION OF WASHINGTON, INC. WHEREAS Group W Cable, Inc. is presently the holder of a cable television franchise from the City of Renton, Washington; and WHEREAS Group W Cable, Inc . , a New York Corporation ("Group W Cable" ) , operates and maintains a cable television system in the City of Renton pursuant to that certain franchise, license, permit or other authorization (as amended to the date hereof) granted by the City of Renton and evidenced by Ordinance No. 3155 of the City of Renton (such cable television system and the Franchise being hereafter individually and collectively sometimes referred to as the "System") ; and WHEREAS Group W Cable ' s parent corporation, Westinghouse Broadcasting and Cable, Inc. , an Indiana Corporation ("Westinghouse" ) , desires to sell and otherwise transfer all of the issued and outstanding shares of the capital stock of Group W Cable to Century Southwest Cable Television, Inc. , a Delaware Corporation; TCI Holdings, Inc. , a Colorado corporation; American Television and Communications Corporation ("ATC" ) , a Delaware corporation; and affiliates of, or subsidiaries or partnerships owned or controlled by, Houston Industries Incorporated, a Texas corporation; Comcast Corporation, a Pennyslvania corporation; Daniels & Associates, Inc. , a Delaware corporation; and ATC (the foregoing entities being herein referred to individually as a "Buyer" and collectively as the "Buyers" ) , and thereby transfer control of Group W Cable to the Buyers; anda() • ; Akt eSitdt „?e, } 0( /07 s i-( f (11A4410 . 44 (6Vt-&t, /(// =u,Lc e.r-X , RESOLUTION NO. 2647 WHEREAS, upon liquidation of Group W Cab1eE, Inc. , the Buyers intend to cause the transfer of the System to a wholly-owned subsidiary of Group W Cable, Inc . ("GWC Affiliate" ) ; and WHEREAS the Buyers presently intend to cause Group W Cable to transfer control of the System and the GWC Affiliate to TCI Cablevision of 'Washington, Inc. , a Washington corporation and an affiliate of TC:I Holdings, Inc. , (the "Transferee") as soon as practicable after the closing of the. -foregoing stock. sale (the "Closing Date" ) .; and WHEREAS the City of Renton is willing to consent to (i) the foregoing transfer of control of Group W Cable to Buyers on the Closing . Date, (ii) the transfer of the system from Group W Cable, Inc. to the GWC Affiliate, and (iii) the transfer of control of the System and the GWC Affiliate to the Transferee after the Closing Date upon certain conditions ; and WHEREAS pursuant to the provisions of Renton City Ordinance No. 3137 , a public hearing on said transfer request was held before the City Council on April 21, 1986 ; and WHEREAS TCI Cablevision of Washington, Inc. has agreed to voluntarily take the following actions in order to convince the City Council that this transfer of franchise should be approved: 1. TCI Cablevision of Washington, Inc. will not request or make a rate increase for this franchise until December 29 , 1986 . 2 . TCI Cablevision of Washington, Inc . wirll provide the City of Renton with a character generator, a channel and any equipment required for the airing of a community bulletin boardlthroughout Renton, subject to resolution of technical considerations. -2- . ' � 1 RESOLUTION NO. 2647 3 . TCI Cablevision of Washington, Inc . will supply cable to Garden Court North in Renton; and WHEREAS, thereafter the Renton City Council agreed to approve said assignment and/or transfer of control, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WAiSHINGTON, DO RESOLVE AS FOLLOWS: 1 I SECTION I: The above recitals are found to be true and correct in all respects . SECTION II: The transfer of the Group W Cable Franchise to TCI Cablevision of Washington, Inc. is found to not he in violation of the public interest. SECTION III: The City of Renton hereby consents to (i) the sale of Westinghouse of all the issued and outstanding shares of the capital stock (and the transfer of control) of Group W Cable to the Buyers on the Closing Date, (ii) the assignment and transfer of the System to the GWC Affiliate, and (iii) the transfer of control and of the System to the Transferee after the Closing Date under the same terms and conditions as the original franchise of Group W Cable, provided that the consent set forth in clauses (i) , (ii) and (iii) above 1 shall be subject to the condition that the GWC Affiliate and the Transferee shall (promptly after the date of such assignment and/or transfer) execute and deliver to the City of Renton its acceptance of, and its agreement and undertaking to perform all of the duties and obligations of the franchise under such franchise . -3- V i ' I • RESOLUTION No. 2647 PASSED BY THE CITY COUNCIL this 16th day of June, 1986 . Lem Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 16th day of June, 1986 . Barbara Y. Sh'inpoch,M.yor Approved as to form: 41,1/4.setA,Ge Lawrence J. ren, City Attorney i • j . GROUP CABLE Group W .A Sulrarliary of WESIINGHOUSE BROADCAS11NG AND CABE F.INC 15241 PACIF IC HWY S SI:A1 II.E WA 98l88(206)433.3433 January 31, 1986 • The Honorable Barbara Shinpoch Mayor, City of Renton 200 Mill Avenue S. Renton, Washington 98055 Dear Mayor Shinpoch : As we have communicated previously, the stock in Group W CaLile, Inc. is being sold to a group including five cable operators. '_rio•u ri o e- 0 e r &w uG U 1fDf�[� C' o u6 p tin o U U-1 tika tL rslartel k tip �v y ee • -s -o 4 furrow•wh QlJ receo n a t - ,�,� eboc o ,,t � N15 ❑wc i Ftl U ou L+hc s r�) !l o uatr o ova w ru >�uo .p 1 ui 10 web titer ' t o r- U 1 tftl o � � gucgo Afl pg a: -o tor- your re= - c r1 0 --o -g lord,, As we have also discussed previously, under the buyers' current plan, one of the buyers of the stock will have primary responsibility for the operation and management of the cable system which serves our customers and your consti- tuents. The enclosed form also recognizes that designation and chain of respon- sibility and requests your approval of the ultimate transfer of franchise interests and system facilities to that particular responsible group. That second request is being made now to avoid any delay in the future or confusion in the interim. As soon as you have had a chance to review this enclosure, please give me a calla If you have any questions, I will resolve them promptly. We would like to complete the formal transfer- requirements as soon as possible. I am available at your convenience to discuss an appropriate schedule for that to occur without unnecessary delay. Thank you for your consideration. Sincerely yours, •• • i )ram' • of �� L i�= i• • -• /, . John W. Stevens, Jr. • • t.• General Manager > �QN$ENT TO TEANSFER 4F CONTROL THIS CONSENT of the The City Council of The City of Renton ( "Grantor " ) , granted the date cot forth under the signature line below, WITHESSETH : WHEREAS , Group W Cable , Inc . , a New York corporation ( "Group W Cable " ) , operates and maintains a cable television s sLem in Grantor ' s ccr��rr.unit Y� y pursuant to that certain franchise, license, permit or other authorization (as amended to the date hereof , the "Franchise" ) granted by Grantor and evidenced by the document ( s ) listed on Exhibit A hereto (such cable television system and the Franchise being hereinafter individually and collectively sometimes referred to as the "System" ) ; and 1 WHEREAS . Group W Cable ' s parent corporation, Westinghouse Broadcasting and Cable. Inc . , an Indiana corporation ( "Westinghouse" ) , desires to sell and otherwise transfer all of the issued and outstanding shares of the capital stock of Group W Cable to Century Southwest Cable Television, Inc . , a Delaware corporation; TCI Holdings . Inc . , a Colorado corporation; American Television and Communications Corporation ( "ATC" ) . a Delaware corporation ; and affiliates of , or subsidiaries or if r ;hi .c ,t.:i10d or C ..ift1o11 by, lIonhton .Innystrir>> Incorporated , a Texas corporation, Comcast Corporation, a' Pennsylvania corporation, Daniels & Associates , Inc . . a Delaware corporation, and ATC, as are specifically identified in Exhibit B hereto ( the foregoing entities being herein referred to inalv )uuall'y as ' Buyer ° and collectivel% as the 'Buyers ' ) , and thereby transfe ,_ control of Group W Cable to the Buyers ; and . WHEREAS , the Buyers presently intend to cause Group W Cable to transfer control of and/or assign the SysteM to TCI Cablevision of Washington , Inc . , a Washington Corporation and indirect subsidiary of TCI Holdings , Inc . ' ) as soon as ( the Transferee practicable after the. closing of the foregoing (stock sale ( the ' Closing Date ' ) ; and WHEREAS , Grantor is willing to consent to (Ji ) the foregoing transfer of control of Group W Cable to Buyers on the Closing Date and ( ii ) the transfer of control of a.nd/or , assignment of the Sy:.t.:,n lu the Transferee after Lhe Closing Date ; NOW, THEREFORE, in consideration of theYpremises, Grantor hereby consents to ( i ) the sale by Westinghouse of all the issued and outstanding shares of the capital stock (and the transfer of control ) of Group W Cable to the Buyers on the Closing Date and ( ii ) the assignment and transfer of the System tip wholly -owned a o i y ! subsidiary of Group W. Cable and (iii ) the transfer of control and/or assignment of the System to the Transferee after the Closing Date , prod that the consent set forth in clauses and ( iii ) above shall be subject to the condition that the holder of the Franchise shall (promptly after the date of such assignment and/or transfer ) execute and deliver to Grantor its and its acceptance of , agreement and undertaking to perform all of the duties and obligations under, such Pranchifse . • 1389B/NI IN WITNESS WHEREOF. Grantor has executed this consent , effective the Closing Date referenced above . GRANTOR By: Title : Date: 1986 • • i • • .• i .• • 1 • • - 3 - 1389B/NI Exhibit A Enabling Ordinance No. 3137; dated May 16, 1977 Enabling Ordinance and Grant .of Franchise to Teleprompter No. 3155; dated September 12, 1977 Resolution Granting Transfer of Franchise from Teleprompter to Group W No. 2497;- dated March 21, 1983 Resolution Consolidating Franchises No. 2517 dated July 11, 1983 j • • • i 7 1389E/NI 6ffckedLjr �' C f CITY OF RENTON, WASHINGTON ORDINANCE NO. 3137 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING AND DEFINING TERMS , CONDITIONS , RATES AND CHARGES , REQUIREMENTS , OBLIGATIONS AND DUTIES FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A SYSTEM FOR TELEVISION SIGNAL DISTRIBUTION WITHIN THE CITY OF RENTON, WASHINGTON. BE IT ORDAINED BY THE MAYOR AND THE CITYCOUNCIL OF THE CITY OF RENTON, WASHINGTON., AS FOLLOWS : SECTION I : Purpose. There has been established upon all 1 political subdivisions by 47 CRF part 76 the duty to regulate television signal distribution systems within that political subdivision. There exist within the City Limitsiof the City of Renton such systems and this Ordinance is to meet the dictates of 47 CFR, part 76 , and further to provide an integrated Ordinance concerning television signal distribution. This Ordinance hereinafter will be referred to as "CATV Ordinance. " SECTION II : Application For Franchise. Each application for the granting or renewal of a franchise to construct , operate or maintain any cable television system upon a city right of way shall be filed with the Office of Cable Communications or any other agency designated by the Renton City Council in a form approved by the City Attorney of the City of Renton. At the time of the application, the following information shall be presented : (1) A detailed statement of the business organization of the applicant , including the following : (a) The names , residence and business addresses of all officers and directors of the applicant ; (b) The names and addresses of all persons having control of, or being entitled to have or control , 5% or mire of the ownership of the applicant , either directly or indirectly, and the respective 1 ownership share of each person. 1 (1) c. A detailed and complete recent financial statement of the applicant showing the resources required to; construct and/or operate the proposed system and the ability of the; applicant to accomplish same. (2) A detailed plan of the operation of the applicant, which shall include: a. A description of the cable district proposed to be served and a proposed time schedule for installation in each 1 neighborhood or portion of the district . b . A statement or schedule setting forth all proposed classifications with rates and charges of any kind to be made against subscribers . c. A description of the equipment to be utilized and operational standards to be met as proposed by the applicant . d. A statement that the applicant is willing and able to comply with all relevant federal , state and local regulations regarding cable television. SECTION III. Terms of the Franchise . Any franchise to be granted under the CATV Ordinance shall not be deemed and held to be an exclusive franchise or permit and shall not in any manner prevent the City of REnton from granting other or further franchises or peLwits in, along, over, through, under, below or across any of said rights of way, streets , avenues , and other public lands and 1 properties of every type and description; and such ;franchise and permit shall in no way prevent or prohibit the City of Renton from using any of said roads , rights of way, streets or other public properties or effect its jurisdiction over them or any part of them, with full power to make all necessary changes , relocations , repairs , maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance and improvement of all new rights of way and thoroughfares and other public properties of every type. Grantee agrees and covenants , at I 1 - 2 - i • • II its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street or other public 1 property any of its installation when so required by the City of Renton by reason of traffic condition, public safety, street vacations , dedications of new rights of way and .the establishment or improvement thereof , freeway construction, change of establishment of street grade or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that Grantee shall in all such cases have the privilege to temporarily by-pass , in the authorized portion of the same street or right of way, upon approval by the City of Renton any section of its cable or appurtenance to `be so temporarily disconnected or removed. . SECTION IV: Rates and Charges . ivo Grantee shall impose or be peLwitted to impose upon subscribers or user rates or charges for installation and for basic services , approved by the Federal Communications Commission an/Or the City of Renton, until it has first been determined in the manner hereinafter provided that such I rates are not in excess of a reasonable amount. In connection with the original grant of a franchise pursuant hereto the reasonableness of rates and charges shall be recommended by the Office of Cable Communications or any other body designated by the Renton City Council . Included in the proposed rates and charges filed by the • Grantee with the Office of Cable Communications orjany other body designated by the Renton City Council will be a special discount to the low income elderly or low income permanently disabled; such discount to be in the sum of Two Dollars ($2 . 00) from tiie monthly basic rate, upon making application to the Grantee .] To qualify for such discount, the provisions of Section 3-231 (B) of Title III • - 3 - of Ordinance No . 1628 and Section 715 (D) and (E) of Title VIII of Ordinance No. 1628, or as same may hereafter be amended, shall be controlling. Any applicant for the granting or renewal of a franchise and any Grantee proposing any increase in rates and charges for installation or basic services shall first file with the Office of Cable Communications or any other body designated by the Renton City Council, a schedule of the proposed increased rates and charges together with supporting financial data. Such supporting data shall include a statement covering the period sine the last previous rate adjustment showing clearly what total proceeds were derived from. the system in terms of ratepayers payments and users charges and the proportion of those proceeds - 3 a - • • .l k ' l ' I devoted to the operation and maintenance of the system and construction of capital plant in the local._service 'area.The Office of 1 Cable Communications or any other body designated by the Renton City Council shall examine and investigate the material submitted by the applicant or Grantee, and make recommendations to the Renton City Council with respect thereto within thirty (30) days after receipt. The Office ofjCable Communications, the Grantee, /or any other body designated by the Renton City Council may recommend a review of proposal of such increase by a Hearing Examiner and the Hearing Examiner shall determine the reasonableness of the proposed public rates and charges . The Hearing Examiner shall give. notice of a /hearing and such notice shall briefly describe the proposed rates and charges and the recommendation of the Office of Cable Communications or any other body designated by the Renton City Council with respect thereto and shall state the place where the application and relevant facts are available to the public, the time and place of the hearing, and the date by which written comments must be submitted. ; Notice of the hearing will be sufficient if published at least oncea week during each of the two weeks preceding the hearing in a newspaper of general circulation within the City of Renton and in one or as many more community newspapers within the cable district of franchise areas , as may be necessary to cover the entire cable district and if broadcast over the local access channels of the applicant or Grantee (if ''any) in the cable district or districts affected at least once each working day between the hours of 9 a.m. and 11 p.m. during the two weeks immediately preceding the hearing. The purpose of the hearing before a Hearing Examiner shall I ` be to determine whether the rates and charges proposed by the applicant or Grantee are in excess of a reasonable amount. In the event the Hearing Examiner determines that an independent auditiof the applicant ' s accounts and records by certified public accountants is essential to • a determination of the fairness of applicant's proposed rates and charges , he may direct applicant to cooperate. In the. loperation of a CATS' system under a franchise granted pursuant to this Ordinance , no -4- • Grantee shall make or grant any undue preference or advantage to any . subscriber , or user or other person, nor discriminate against any person or group; provided that this subsection shall not be construed to prohibit tradepromotions customaryin the industry, provided such trade p � promotions not are otherwise/prohibited by law. If the request for rate increase has not been acted upon within one-hundred-twenty (120) days of filing date, the Grantee may increase subscriber rates subject to final action by the Renton City Council. SECTION V: Franchise 'Fee.: The' Grantee shall pay unto the City of Renton quarterly., on or before the 10th day of each April, July, October and January, a sum. equal to three per cent ( 30) of the basic subscriber fees received by the Grantee within the corporate limits of the City of Renton as now or hereafter fixed. The Grantor • • or his authorized agents shall have the right,• at all reasonable times , to inspect the books and records of the Grantee for the purpose of ascertaining accurately the actual basic- subscriber receipts of 'Grantee and Grantee shall furnish promptly unto the City of Renton, with each payment, a statement outlining the basic subscriber ,receipts upon which payment is based. The City of Renton shall have -the right to. renegotiate the . I franchise fee if at any time the Federal Communications Commission amends or changes its rules , CFR 76,31.,'subparti (6).. The franchise fee • collected by the. City of Renton shall be used for the regulation and administration of cable communications . Any excess amount received over and above the cost for the administration and regulation of cable communications shall be placed in a special fund earmarked for the cable communications and promotion and development of/access channels including government, educational , and public. Disbursement of .such funds', shall be made only after the approval of the Renton City Council. -5- ( • SECTION VI : Length of Franchise . Each franchise granted by the City of Renton under this Ordinance shalllrbe for a term of fifteen (15) years from the date of acceptance by, the Grantee . The City of Renton may terminate the franchise by Ordinance enacted for such purpose , pursuant to the provisions of this Ordinance, in the event of the willful failure, refusal , or, neglect by the Grantee to do or comply with any material and substantial requirements contained in this Ordinance, or the rules and regulations of the Federal Communi- cations Commission, adopted pursuant to this Ordinance , or as amended. System failure in all or a major part ofany cable system for a period of ten (10) consecutive days or for a period of 24 consecutive hours on 30 or more occasions during any period of twelve (12) consecutive calendar months shall constitute non-compliance 1 with this Ordinance. The Renton City Council may initiate termination proceedings if, after public hearings , it determines that the Grantee has not complied with all the sections of this Ordinance , except that failure due to natural disaster shall not constitute non-compliance on part of Grantee. SECTION VII : Modifications . If any portion of this Ordinance should be inconsistent with any rule or regulation now or hereafter adopted by the Federal Communications Commission,'1 then to the extent of the inconsistency, the rule or regulation of the Federal Communi- cations Commission shall control for so long, but only for so long , as such rule or regulation shall remain in effect , but the remaining portions of this Ordinance shall not hereby be affected, This Ordinance must be amended whenever possible, to conform with the rules and regulations of the Federal Couuuunications Commission as they are amended, and such amendments must be made within one (1) year after the passage of such rules and regulations . SECTION VIII : Certificate of Compliance. ' The franchise holders shall have a valid certificate of compliance issued by the Federal Communications Coiiunission or a pending application before operating or maintaining transmission and distribution lines for cable communications in the City of Renton , Washington. ! (6) I ' • SECTION IX: Equal Employment Opportunity, and Affirmative Action Plan. Grantee shall comply with the City of Renton Summary of Fair Practices Policy Adopted by Resolution 0017 - "The Policy of the City of Renton is to promote and afford equal treatment and service to all citizens and assure equal employment opportunity to all persons based on ability and fitness regardless of race , creed, color , national origin, sex, physical , sensory or mental handicaps , age or marital status . This policy shall apply to every, aspect of employment 1 practices , employee treatment and public contact .j" SECTION X: Complaints . The Office of Cable Communications or any other body designated by the Renton City Council shall investigate all subscriber complaints and resolve them by conciliation, if possible. If the complaints cannot be resolved by conciliation, then an appeal from any ruling may be made to- the Renton City Council to review the facts and their determination shall be final. SECTION XI : Performance Test. At its discretion, the Renton City Council may request the Office of Cable Couiuiunications or any other body designated by the Renton City Council to• make tests of the cable Communications system to assure that such system is adhering to the technical standards as required by the Fedjeral Coutuiunications Commission. • SECTION XII : Obscenity. No Grantee may exercise any control over program content on an access channel , except! to the extent necessary to prevent the presentation of program material prohibited by the rules and regulations of the Federal Communications Co,nuiission. The Grantee shall at all times adhere to the Federal Couuuunications Commission rules , CFR 76-215 , as now in force or any any time amended. SECTION XIII : Discrete Areas , The City of Renton shall be • considered part of South King County as to recognition of discrete communities for purposes of cable television and access channel regulation. 1 k (7) 1 . SECTION XIV: Access Channel . The Grantee shall at all times 1 adhere to the Federal Communications Commission rules CFR 76-251 (access channel) , as now in force or at any time amended. SECTION XV: Unlawful to Steal Service. Every person who knowingly and willfully make unauthorized connection, whether physically, electrically, or inductively, or attaches any unauthorized device or devices to any cable wire , or other component of a franchised cable television system or to a television set , for the purpose of intercepting any program carried by a franchised cable television system which such person is not authorized to receive , .shall upon conviction therefor be guilty of a misdemeanor, and may be punished by fine not exceeding two hundred fifty dollars '($250 . 00) or by imprisonment for not over thirty y (30) days , or by both such fine 1 and imprisonment. SECTION .XVI : Amendment of Ordinance. Upon recommendation of the Office of Cable Communications or any other body designated by 1 the Renton City Council , a review of this Ordinance may periodically be made by the Renton City Council . The Renton City Council under its police powers reserves the right to amend any section of this Ordinance at any time. SECTION XVII : Transfer of Ownership . Any franchise shall be a privilege to be held in personal trust by the original Grantee . It cannot be sold, transferred, leased , assigned or disposed of, in whole or in part , either by forced or involuntary sale , merger , con- solidation or otherwise , without prior written approval of the City of Renton. Said approval shall be granted by the Renton City Council only after a public hearing and under the same terms and conditions as an original application. Said applications shall not be refused unless the Council finds that the public interest will not be served by the proposed transfer. (8) 1 In the event the Grantee is a corporation, an assignment of the franchise shall be deemed to occur if there is an actual change in control or where ownership of more than 50% of the voting stock of the Grantee is acquired by a person or a group ofpersons acting in concert , none of whom already own 50% or more of the voting stock singly or collectively . Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale or similar document, a duly executed copy of which shall be filed in the office of Cable Communications and the office of City Clerk, City of Renton , within 30 days after such transfer or assignment. SECTION XVIII : Hearing. The Renton City Council , or any other body it designates , shall conduct a public hearing to determine the following: 1 . That the public will be benefited by the granting of the requested franchise ; 2 . That the applicant has the necessary resources to build, operate and maintain a cable television system in the franchise area . 3 . That the applicant will comply with all terms and conditions placed upon the franchise by the Council ; and 4 . That the applicant is willing and ableIto comply with all relevant federal , state and local regulations . SECTION XIX: Consumer Protection . Subscribers and users in each cable district shall have the protection described in this Section in addition to all other rights conferred in this Ordinance . (a) upon request , each Grantee shall furnish to the Office of Cable Connumications or any other body designated by the Renton City Council , and the Office of Cable Communications or the designated body shall compile and maintain for public inspection during regular business hours , copies of: 1 . All applications and other communications submitted by the franchise applicants or Grantees to the City of Renton, the Federal - 9 - . • f Communications Commission or any other Federal , state , or local regulatory body having jurisdiction with respect to cable communications within the City of Renton; 2 . Current information on ownership and management of the Grantee; 3 . Current information on forms of subscriber agreements used by the Grantee ; complaint procedures followed by the Grantee , and non-basic services offered by the Grantee and the rates and charges thereof; and 4 . Records of all written requests for use of public access channels and leased channel time and the disposition of such requests , and records of all signals and programs carried (other than radio and television broadcast signals) . (b) The Office of Cable Communications or any other body designated by the Renton City Council shall also compile and maintain for public inspection during regular business hours , copies of: 1 . All federal , state , and local laws and regulations appli- cable to cable communications within the City of Renton; 2 . Records of all written complaints filedwith the office of Cable Communications or any other body designated by the Renton City Council and the disposition thereof; and 3 . Policy statements and administrative and staff operating procedures of the Office of Cable Communications or any other body designated by the Renton City Council . 4' I (c) No Grantee shall cause or permit the viewing habits of any subscriber to be monitored without the subscriber ' s expressed consent. (d) Whenever a Grantee shall offer a new service or facility, or changes in channel allocation or assignment, the Grantee shall give notice thereof to the subscribers and the Office of Cable Communications or any other body designated by the Renton City Council . Whereupon, such new service or facility shall be made available to all subscribers , if technically and economically practicable . - 10 - 4 i (e) A Grantee shall give subscribers a 30-day written notice of any hearing concerning any proposed change in subsicriber rates and charges . (f) With respect to basic services , the Grantee shall provide, if technically practicable, all basic subscriber services and a tie-in connection without cost (except for actual cost of installation) , to one outlet (one T.V. connection) to each state-accredlited public or private educational institution and each building designated by the Office of Cable Communications or other body recommended by the Renton City Council , which is owned and controlled by the City of Renton and used for public purposes and not residential use , when such recommended building is within 300 feet of the distribution cable . (g) No Grantee nor any major stockholder of a Grantee shall directly or indirectly engage within the City in the business of selling, leasing, renting, servicing or repairing radio or television sets or other receivers or parts thereof which make use of standard broadcast entertainment signals , provided that nothing therein shall prevent Grantee from making modifications to the tuner input circuit of the sub- scribers television receivers and the fine tuning of the customers operating controls only, to insure proper operation under conditions of cable connection at the time of installation or in response to sub- scriber complaints , or from the selling, leasing, servicing, or repairing receive s and other equipment belongting to other CATV system operators for use in the conduct of their businesses SECTION XX: Construction Variances . The Grantee is required in all cases to request and apply for all Construction Variances for system extension, subscriber installations , or any other variances that may be required by the City of Renton . SECTION XXI : Rights Reserved to the City A Grantee shall upon request of the Mayor or City Council make its facilities immediately available to the City for emergency use during the period of any emergency or disaster declared by the Mayor or City Council . - 11 - I I 1 1 SECTION XXII . CATV Construction System Expansion. Aerial and Underground . A. Subscriber Installation - Aerial from existing distribution cables . 1 . The resident shall request service. 1 2 . The resident shall be connected to cable at standard connection charge if the aerial connection drop does not exceed 150 feet. 3 . If the connection aerial drop exceeds 150 feet, the resident may be charged the actual cost for the distance exceeding 150 feet plus standard connection charge and Grantee may request advance payment for such installation . B . Underground from existing distribution cable . 1 . The resident must pay for furnishing open trench as specified by the cable company, backfilling and restoring to original conditions . 2 . The resident shall arrange for all necessary easements over or under private property . C . Systems Extension Aerial up to 300 FeetExtension. 1 . The resident shall request service . 2 . The Grantee shall extend a system toy a resident who requests such service . 3 . If the energized distribution cable ,is more than 300 feet from the residence , the Grantee may charge actual cost for normal construction for any distance exceeding 300 feet and may request advance payment . 1 D. Systems Expansion . The Frnachisee shall within six ( 6) months from executing its acceptance of this frnachise prepare and submit a plan acceptable to the City for the completion of the construction of previously unwired portions within the geographic area of this frnchise . Con- struction under said program shall be staged for completion and be completed during a period of time not greater than twelve (12) years after the Grantee has received a Certificate of Compliance . Said program shall be subject to the approval of the Renton City Council and II - 12 - ' I • I • the Office of Cable Communications and an annual review of the program by the Office of CableCom; unications to assure compliance . Failure by the Franchise Holder to have constructed and located such tines anf cable shall at the option of the Renton City Council operate as an abandonment of the rights under this franchise . E . Under grounding of g g System. For system expansion in existing developments , the Grantee shall place the cable system under- ground in localities where both telephone and power lines are underground . ' • • I � // . i • • • II (12 (a) ) • • I - I • • For existing aerial facilities Grantee shall replace aerial facilities with underground facilities concurrently and in cooperation with similar programs of the telephone and power utilities . At no time shall the cable system be the only aerial facility. Where undergrounding is required, the Grantee shall have the option of sharing or not sharing utility trenches, at no charge, if agreeable to utility. F. System Expansion, New or Existing Underground Developments or Tracts . Grantee may, at its option, extend energized or unenergized cable, or conduit, to all new residential developments as they are constructed. Cost of trenching, conduit, pedestals , and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or landowner.. .. All installation and construction by developer and/or landowner shall be to the specifications of the Grantee . Grantee need not provide cable television services to such a development until thirty percent (30%) of the residential dwelling units passed by cable have agreed to subscribe to cable service. G. System Expansion Limitation. Upon petition by the Grantee, the Renton City Council may defer or indefinitely suspend any expansion required. by this Ordinance after a showing by the Grantee that such expansion would cause unreasonable financial hardship to 'Grantee . Any • F such Council decision shall be made by the Council after public hearings . The City Clerk shall publish a notice of any such hearing (at •leaSt ten (10) days prior to the hearing) , setting forth a time and place when and where any person or persons having any interest therein may appear before theCouncil and be heard. . H. Industry Participation in LID' s and RID' s Where Cable Systems do not exist. The Grantee shall participate in all LID' s and RID' s where no cable plant exists at the time of construction: (13) a .. public thoroughfare without prior written permission from the City., acting by and through its :Director of Public Works .. All such cons- truction and installation work, whenever same crosses any of the public properties , shall be done under the supervision of and upon the inspection of the Director of Public Works and Grantee shall timely submit unto the Director of Public Works , prior to any such work, detailed plans and specifications of any such proposed work. The location of any franchised property in a street or other public area shall be subject to the approval of the Director of Public Works and such approval shall be given in writing and Grantee shall be subject to all applicable Ordinance , regulations , permit or license fees as provided for by the Ordinances of the City of Renton from time to time. B. During :any period of construction, all surface structures , if any, shall be erected and used in such places and positions within said public rights of way and other public properties so as to inter- fere as little as possible with the free passage of traffic and the free use. of adjoining property, and Grantee shall at all times post and maintain proper barricades during any such period of construction as is required by the laws and statutes of the State of Washington. Any portion of the street so excavated shall within a reasonable time and as quickly as possible after said excavation be restored and replaced by the Grantee at its sole cost and expense in at least as good condition as it was immediately prior to the time of such excavation, and all to be performed in accordance with the applicable rules and regulations of the Public Works Department. C. Grantee , its successors and assigns shall commence con- truction under any franchise within one (1) year f� om and after the date of granting thereof, and all such work shall be done and completed with the greatest amount of dispatch so as to reduce any interference with the vehicular and pedestrian traffic and the public safety and welfare to a minimum. If Grantee has failed or neglected to commence such construction within said period of one (1) year, then all rights , privileges and authorities herein granted shall cease and terminate and the Franchise shall be of no further force and effect. (14) • , • • Grantee covenants and agrees , for itself, its successors and . assigns , that in the event of any neglect, failure, ',refusal or omission to comply with any of the terms , conditions and regulations of any frnachise and the rules and ordinances of the City olf Renton that the City may give notice of said default, and if such default has not been corrected or the conditions of the Franchise have not been complied with within thirty (30) days after receipt of such notice, then any franchise and all rights accruing thereunder shall be immediately subject to forfeiture and termination, at the option of the ;City. D. Grantee, its successors and assigns shall promptly repair any damage to City property of every type and nature and all other City improvements caused by the failure or workmanship of Grantee ' s work during the life of any franchise; Grantee shall comply with all ordinances and regulations of the City of Renton regarding such excavation and whenever deemed necessary by the Public Works Director, shallibe required to post a performance bond in favor of the City warranting, among other things , that such restoration work will be done promptly and in a proper, work- ; manlike manner. SECTION XXIV: Indemnity and Hold Harmless ;and Waiver of Damages : A. Grantee , its successors and assigns shalll indemnify and hold harmless the City of Renton from any and all liabilities , fees , costs and s dams e whether damages , to person or property, or expense of any type or nature which may accrue to the City by reason of the construction, operation, maintenance, repair and alteration of Grantee ' s facilities ; provided, however, that in case any suit or action is instituted against the City by reason of any such damage or injury, thelCity shall cause written notice thereof to be given unto Grantee and Grantee thereupon shall have the duty to defend any such suit or action, without cost, or expense to the City . B. Grantee shall have no recourse whatever; against the City of Renton for any loss , costs , expense or damage arising out of any provision or requirement of any franchise or the , enforcement thereof. No privilege nor exemption will be grantedror conferred unto - 15 - 1 f . ' _ I - I Grantee by any Franchise except those specifically prescribed herein, and any such privilege claimed under this Franchise by the Grantee in any street shall be subordinate to any prior lawful occupancy of the Street or any subsequent improvement or installation therein. SECTION XXV: Bond and Insu•rance. Grantee !shall , before construction file a good and sufficient bond as determined by the City of Renton executed by a surety company authorized and qualified to do business in the State of Washington , conditioned upon the faithful per- formance of all duties and obligations to be performed by the Grantee under the terms of this Ordinance, including the payment of all gross revenue payments imposed by the terms of this Ordinance , andtthe removal of said system, and including repair and restoration of streets , and all public utilities of every type and nature incident to all work done by the Grantee pursuant to the terms of any franchise , and such bond to be renewed by the Grantee annually and kept in full force and effect at all times during th'e life of any franchise. Grantee shall forfeit all rights and privileges conferred by any Ordinance , and the Franchise shall be null and void and of no force and effect whatever unless Grantee shall, before commencing construction of any part of said coaxial cable system, file with the City Clerk proper evidence that it has in full forceland effect and shall keep in full force and effect during the life if the franchise , public liability insurance , naming the City of Seattle and City of Renton as additional insured with coverage of not less than $100 , 000 . 00 per person, $300, 000. 00 per accident and property damage liability of not less than $50, 000 . 00 . l i SECTION XXVI : Codes . All work done by the Grantee pursuant to any franchise shall be in full compliance with the National Electrical Safety Code and all applicable laws of the State of Washington and Ordinances of the City of Renton then in effect. In the event that Grantee fails at any time to furnish any required safeguards , signs , signals , and/or - 16 - 4 . .1 - . 1 I lights or to promptly repair any damage to City utilities or promptly I backfill excavations as re_uired by any law, ordinance or regulation , then thr. City rese-,- us the right to nroceed as maY ; be required to c so comply , a-nd in such event the Grantee agrees and ovenants to promptly }-4 ',•xr imburse,_the .City,_for all expense ; • uch ,.work,. . • ',•. , _ r �� . u' •of .. .- . :4. _TI •�- 'fir- ;;S?.?`�'_ . .r,....�__ f _ • SECTION XXVII : Raising or Moving Wires. If the raising or moving of cables or wires is required by any third party at any time to enable use of the streets , or other public rights of way or properties , such party shall •make written application at least five (5) days in advance• of such required use, and Grantee shall raise or move said cables , wires and/or other equipment at the expense of such applicant. • SECTION XXVIII • Condemnation. If, during the term- of the franchise, or any extension thereof, the City shall acquire by purchase I or condemnation any of Granteets property or assets maintained or used hereunder, no greater sum shall be allowed for the value of the . rights herein granted, in addition to all other elements affecting the value of such purchase or condemned property, than the actual cost of obtaining the franchise. . 1 SECTION XXIX:..:. Any and all Ordinances or parts of Ordinances in conflict herewith are hereby repealed . I • I SECTION XX) . This Ordinance shall be effective upon its passage , approval and five days after its publication. , PASSED BY THE CITY COUNCIL this 16th o •day f• ' M,a.y . • , 1977. o'. At Fifes117--,,,,,,(, Delores A. Mead , Cpt Clerk APPROVED BY THE MAYOR this 16th day of May 1977 . c- <, i57 f Charles • Delaurenti , Mayor Apr ved as to for; : Q�/ b and h. ne lan)C_ty Attorney Date of Publication : 5-20-77 (17) . • • • • • • CABLE TELEVISION GLOSSARY OF TERMS • • • • ACCESS CHANNEL: A free composite channel to be used by government; • .education and public. ALL-CHANNEL ANTENNA: An antenna which receives signals equally well over a wide band of frequencies. AMPLIFIER: A device consisting of electronic components used to increase power, voltage or current of a signal . AMPLITUDE MODULATED LINK: A form of microwave which uses amplitude modulation of a microwave carrier rather than the conventional • frequency modulation usually used for microwave television links . This is usually accomplished by heterodyne conversion from conven- •tional TV channels. . • ANTENNA ARRAY: A radiating or receiving system composed of several . spaced radiators or elements . • ATTENUATOR: A device for 'educing the power of a signal. ATTENUATION LOSS : The actual power loss in a 'cable, attenuator, coupling, or other device when electrical energy is transmitted through it, usually expressed in decibels . AUTOMATIC GAIN CONTROL (AGC) : A circuit which automatically controls the gain of an amplifier so that the output signal level is virtually constant for varying input signal level. AUTOMOTIC TILT: Automatic correction of change in tilt, or the relative level of signals of different frequenicies. • BACK MATCHED TAP : A cable tap device which employs transformer isolation and also employs impedence matching at the tap-off points. . BRIDGER: An amplifier connected directly into the main trunk line to feed distribution cables with minimum insertion loss in the main trunk line. 1 CABLECASTING: Origination of prograuuiiing by a' CATV system, usually other than automated services . such as scanning weather dials , and • exclusive of broadcast signals . CABLE POWERING: A method of supplying power through the coaxial cable to system amplifiers . CAPACITIVE. TAP : A tap device with a capacitor network providing the desired amount of loss and isolation between the feeder cable and the subscriber drop cable. CASCADE : The operation of devices (usually amplifiers) in sequence in a cable system with the output of one device feeding the input of the next. • CASCADEABILITY: The performance capability of amplifiers used to reamplify the same signal along a cable system without noticeable degradation. • - I t . f • • _CHANNEL COMBINER: An electronic or passive device which accepts the RF signals from many sources and• combines them for delivery to the cable. COAXIAL CABLE: A cylindrical outer conductor (shield) surrounding a central conductor held centrally in place byjan insulating material referred to as the dielectric . It is the most; commonly used means • of CATV signal distribution. CO-CHANNEL: A form of TV signal distortion where the same frequency is received from two different transmitters simultaneously, It • generally appears as horizontal bars in the picture. • CONDUIT: A tube, manufactured of an environment protective material, through which CATV• cable is conveyed in an underground system. • . CONVERTER: An electronic device that will shift any television channels) from one channel to another. I • CROSS MODULATION: A form of signal distortion in which the visual content from one channel is superimposed on the visual content of another channel. DIELECTRIC: The material , usually an electrical insulator, which separates two conductors between which an electric potential exists . Usually, the insulating material separating the center conductor • and outer shield of a coaxial cable. • DIRECTIONAL COUPLER: A passive device that divides signal power between two paths with a greater degree of attenuation in one direction than in the other. • DIRECTIONAL TAP : A passive line tapping device based on directional coupler principles which diverts a. portion of the signal from the line to the drop cable. The directional quality attenuates signals from the drop line, reducing reflections in the distribution cable. • DISCRETE AREAS : The separation of King County into separate commu- nities as required by the Federal Communications Commission regarding Access Channel. • - . ! • DISTRIBUTION AMPLIFIER: An amplifier used with the main trunk cable at a point from which one or more feeder cable's are extended (branched out) . DISTRIBUTION SYSTEM: The part of a CATV systehi used to carry signals from the head- end to 'the subscriber's re•ceiyers . DROP : The cable which connects the tap on the' feeder line to the • subscriber's house. 1 FCC: Federal Communications Commission, FEEDER LINE : The coaxial cable running from bjridgers , to line., extenders and taps . Sometimes called a distribution cable. • FIELD STRENGTH METER: A frequency selective heterodyne receiver capable of tuning the frequency band of interest , as used for TV, 54 to 216 MHz , with indicating meter showing the •magnitude input of voltage and the dial indicating the approximate frequency, 1 FREQUENCY: The number of complete cycles or vibrations per unit of time (example : 60 cycles per second) . GAIN : A measure of the signal level increase in an amplifier usually expressed in dB. • • ' i (.. j 1 . . :. • ;• r . • •; • •4 "I P HEADEND: The electronic equipment located al the start of a cable .system, usually including antennas , preampli iers , frequency • converters , demodulators , modulators and relted equipment. Both the building and the . equipment which receive, the television signals and processes them before application to the cable system are known as the head-end. INSERTION LOSS : Additional loss in a system when a device such as a directional coupler is . inserted; equal to the difference in signal level between input and output of such a dev ce. • LID: Local i• mprovement districts. • . 1 LINE EXTENDER: Feeder line amplifiers used io'; provide signals at . a sufficiently high level to the more distant subscribers . LOCAL SERVICE AREA: Area where cable operaters have operating cable systems.. . LOG PERIODIC ANTENNA: A' form of antenna wit , intrinsic broadband • • and directional characteristics . Characters ed by low response to the back 'and sides. . . MAJOR TELEVISION MARKET: The specified zone of a commercial televisi station licensed to a' Top-100 couauunity, or ' combination of such specified zones where more than one communit is listed. • • • MARKET GENERATOR: An electronic instrument •rovi.ding variable or fixed signals and used. in conjunction with t efrequent sweep testing to determine a specific frequency in 'the RF :spectrum. . . • 4 • • MESSENGER: A steel cable, strung between po es or other supporting structures which supports the CATV coaxial c-ble, The coaxial cable • is usually attached to the messenger by lash.ng with stainless steel wire. . ' MODULATION: The process , or result of the process , whereby some characteristic of one wave is varied in acco .dance with another wave. - . . NOISE : In general , any unwanted signal or i terference . Usually , . • refers to unwanted signals of a random natur_ arising from thermal • effects in the input circuits of amplifiers . This form of noise is • known as "snow". • OFFICE OF CABLE COMMUNICATIONS : City of Sea .tle .Board, of Public' Works Office of Cable Communications adminis .ers and regulates CATV Franchises in greater King County. PARABOLIC ANTENNA: An antenna that has a fo ded dipole or feed horn mounted at the focal point of a metal or mes dish having a concave shape known as parabola. . PREAMPLIFIER: An electronic device, usually ihaying superior input noise figure, designed to strengthen or boost a weak off-air signal, to a ieyej. where it w±),I. be sufficient to dz ' e. succeeding amplfier.s • PRESSURE TAP: A device which connects to the center conductor and shield of a distribution cable to extract television signals ; tap • does not require cutting of cable to make contact for. a subscriber • drop. i RESOLUTION : A measure of picture resolving capabilities of a tele- vision system determined primarily by band width, scan rates and aspect ration. Relates to fineness of details .perceivable. R. I . D. : Road improvement district . • • • . • • • 4 -TABLE OF CONTENTS CABLE TELEVISION ORDINANCE Section Page . 1. Purpose 1 2. Application for Franchise 1 3. Terms of the Franchise 2 4. Rates and Charges 3 5. Franchise Fee i 5 • j 6. Length of Franchise i 6 7 . Modifications 6 8 . Certificate of Compliance 6 9 . Equal Employment and Affirmative Action Plan 7 10. Complaints 7 11. Performance Test ti 7 12. Obscenity 7 13. Discrete. Areas 7 14. Access Channel 8 15 . Unlawful to Steal Service -8 16. Amendment of Ordinance 8 17 . Transfer of Ownership 8 18. Hearing 9 19 . Consumer Protection 9 20. Construction Variances 11 21 . Rights Reserved to the City 11 22 . CATV Construction System Expansion 12 23 . Limitations and Conditons - 13 a 24. Indemnity and Hold Harmless and Waiver. of Damages 15 25 . Bond and Insurance 16 26. Codes 16 27 . Raising or Moving Wires 17 28 . Condemnation 17 6/— rig ,+ t v k J ✓ i a{y�.S ' ` 1, .:l/It • (%�� 'e W_ l�41 '1i t �y T f�f %1,tii• ! F1i. C"/'SfN/♦; CITY OF RENTON , WASHINGTON ORDINANCE NO . 31c4 AN ORDINANCE OF THE CITY'' OF RENTON , WASHINGTON, AUTHORIZING A NON-EXCLUSIVE FRANCHISE TO OPERATE A CABLE COMMUNICATION SYSTEM (CATV) WITHIN THE CITY LIMITS OF THE CITY OF RENTON, WASHINGTON T;IE CITY COUNCIL OF THE CITY OF RENTON , WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I : PURPOSE : This franchise shall constitute an agreement between the City of Renton and Clearview TV. Clblt of Enumclaw, Inc. , a Washington Corporation (Grantee) to construct, maintain and operate a •CATV system for the distribution of television signals . SECTION II : LENGTH: OF FRANCHISE . The length of this Franchise shall be for a term of 15 years from the date of acceptance by the Grantee. /� SECTION III : <TERMS OF FRANCHISE: This Franchise granted to Clearview TV Cable of Enumclaw, Inc . shall not be deemed to be exclusive and shall not in any manner prevent the City of Renton from granting other or further franchises , The Grantee agrees to all the terms , conditions , requirements , obligations and duties as outlined in Ordinance No 3137 , dated May 16 , 1977 of theCity of Renton as passed by the Council of the City of Renton, as may be amended from time to time . Time is of the essence in complying with said Ordinance. A`:'true and correct copy of said Ordinance is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. SECTION IV: FRANCHISE FEE : Grantee shall pay unto the City of Renton, quarterly, on or before the 10th day of each April , July, October and January, a sum equal` to three percent ( 3%) of the basic subscriber fees received by the Grantee as more particularly set forth in Section V , 'Franchise Fee, of Ordinance No. 3137 , same being Exhibit "A" attached hereto . SECTION V ; AMENDMENT OF FRANCHISE : The Renton City Council under its police powers reserve5the right to amend any -1- . : t. .:t.,, , . N 1•�J 3. �'i. er v,-Si• '1.. I'•r•. • • Section of this Ordinance at any time . SECTION VI : CONDEMNATION: If, during the term of the franchise, or any extension thereof.; the City shall acquire by purchase . or condemnation any of Grantee ' s property or assets maintained or used hereunder, no greater sum shall be allowed for the value of the rights herein granted, in addition to all other elements affecting the value cf such purchase or condemned property, than the actual cost of obtaining the franchise. SECTION VII This Ordinance shall be effective upon its passage, approval and_ five days after its. publication. PASSED BY THE CITY COUNCIL this .1..2th day of September, 1977 . De ores A. Mead , City Clerk APPROVED BY THE MAYOR thisl2th day of September; - 1977 . o . Perry, Mayor Pr T m Approved as to form: rar M. hellan City. Attorney Date of Publication: 9/16/77 ' • - 2 - • y i277 rft.44 r 7-92 CITY OF' RENTON, WASHINGTON ORDINANCE NO .. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING A NON-EXCLUSIVE FRANCHISE TO OPERATE A CABLE COMMUNICATION SYSTEM (CATV) WITHIN THE • CITY LIMITS OF THE CITY OF RENTON, WASHINGTON THE CITY COUNCIL OF THE CITY OF RENTON , WASHINGTON DO ORDAIN AS FOLLOWS : SECTION I : PURPOSE: 'a ,® 20anchA©®_.©ha7_l ;.constitmt® a egp- -— - LootMcga City. 02 2@mton Elmin leoptlime.st Cab1awl® aW 2 - o,rom� t®Q or orates C� p P• a Q OPlaRQ t© @WIMPEIgtg R a zntain igaid R o®Ogag a A v (437® C E for the distribution of television signals . SECTION II : LENGTH OF FRANCHISE : The length of this Franchise shall be for a term Of 11 y®'E from the date of acceptance by the Grantee . /"03(_ • SECTION III : TERMS OF FRANCHISE : This Franchise granted to Northwest Cablevision d/b/a Teleprompter Corporation, shall not be deemed to be exclusive and shall not in any manner prevent the City of Renton from granting other or further franchises . The Grantee agrees to all the terms , conditions , requirements , obligations and duties as outlined in Ordinance No . 3137 , dated May 16 , 1977 , of the City of Renton as passed by the Council of the City of Renton, as may be amended from time to time. A true and correct copy of said Ordinance is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. •SECTION. IV : FRANCHISE FEE : Grantee shall pay unto the City of Renton, quarterly, on or before the 10th day of each April , . July, October and January, a sum equal to three percent ( 3%) of the basic subscriber fees received by the Grantee as more particularly set forth in Section V , Franchise Fee, of Ordinance No . 3137 , same being Exhibit "A" attached hereto . SECTION V : AMENDMENT OF FRANCHISE : The Renton City Council • -1- under its police powers reserves the right to amend any Section of this Ordinance at any time . SECTION VI : CONDEMNATION: If, during the term of the franchise, or any extension thereof , the City shall acquire by purchase or condemnation any of Grantee ' s property or assets maintained or used hereunder, no greater sum shall be allowed for the value of the rights herein granted , in addition to all other elements affecting the value of such purchase or condemned property, than the actual cost of obtaining the franchise. SECTION VII : This Ordinance shall be effective upon its passage , approval and five days after its publication. PASSED BY THE CITY COUNCIL' this 12thday of September, 1977 . A7,44 !,d1 4z,o Delores A. Mead, Citerk APPROVED BY THE MAYOR this 12thday of Septen ei I.977 . / / (OOP ge �'. Perry, Mayor Pro em t / Approved as tb.::form: G and M. S ellan, City Attorney Date of Publication: 9/16/77 TABLE OF CONTENTS CABLE TELEVISION ORDINANCE Section Page 1. Purpose 1 2. Application for Franchise 1 3. Terms of the Franchise 2 4. Rates and Charges 3 5. Franchise Fee 5 6. Length of Franchise 6 7. Modifications 6 8. Certificate of Compliance 6 9. Equal Employment and Affirmative Action Plan 7 10. Complaints 7 11. Performance Test 7 12. Obscenity 7 13. Discrete Areas 17 14. Access Channel 8 15. Unlawful to Steal Service 8 16. Amendment of Ordinance 8 17. Transfer of Ownership 8 18. Hearing 9 19. Consumer Protection 9 20. Construction Variances 11 21. Rights Reserved to the City 11 22. CATV Construction System Expansion 12 23. Limitations and Conditons 13 a 24. Indemnity and Hold Harmless and Waiver of Damages 15 25. Bond and Insurance 16 26. Codes 16 27. Raising or Moving Wires 17 28. Condemnation 17 EXHIBIT " A " PESoL.1.4 i lok1 "313 ' . CITY OF RENTON, WASHINGTON ORDINANCE NO. 3137 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ESTABLISHING AND DEFINING TERMS, CONDITIONS, RATES AND CHARGES, REQUIREMENTS, OBLIGATIONS AND DUTIES FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A SYSTEM FOR TELEVISION SIGNAL DISTRIBUTION WITHIN THE CITY OF RENTON, WASHINGTON. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AS FOLLOWS: SECTION I: Purpose. There has been established upon all political subdivisions by 47 CRF part 76 the duty to regulate television signal distribution systems within that.political subdivision. There exist within the City Limits of .the City of Renton such systems and this Ordinance is to meet the dictates of,147 CFR, part 76, and further to provide an integrated Ordinance concerning television signal distribution. This Ordinance hereinafter will be referred to as "CATV Ordinance." SECTION II: Application For Franchise. Each application for the granting or renewal of a franchise to construct, operate or. maintain any cable television system upon a city right of way shall be filed with the Office of Cable Communications or any other agency designated by the Renton City Council in a form approved by the City Attorney of the City of Renton. At the time of the application, the following information shall be presented: (1) A detailed statement of the business organization of the applicant, including the following: (a) The names , residence and business addresseslof all officers and directors of the applicant; I (b) The names and addresses of all persons having control of, or being entitled to have or control, 5% or more of the ownership of the applicant, either directly or indirectly, and the respective ownership share of. each person. . (1) • c. A detailed and complete recent financial statement of the applicant showing the resources required to construct and/or operate the proposed system and the ability of the applicant to accomplish same. (2) A detailed plan of the operation of the applicant, which shall include: a. A description of the cable district proposed to be served and a proposed time schedule for installation in each neighborhood or portion of the district. b. A statement or schedule setting forth all proposed classifications with rates and charges of any kind to be made against subscribers. c. A description of the equipment to be utilized and operational standards to be met as proposed by the applicant. d. A statement that the applicant is willing and able to comply with all relevant federal, state and local regulations regarding cable television. SECTION III: Terms of the Franchise. Any franchise to be granted under the CATV Ordinance shall not be deemed and held to be an exclusive franchise or permit and shall not in any manner prevent the City of REnton from granting other or further franchises or permits in, along, over, through, under, below or across any of said rights of way, streets, avenues, and other public lands and properties of every type and description; and such franchise and permit shall in no way prevent or prohibit the City of Renton from using any of said roads, rights of way, streets or other public properties or effect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance and improvement of all new rights of way and thoroughfares and other public properties of every type. Grantee agrees and covenants, at - 2 - its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street or other public property any of its installation when so required by the City of Renton by reason of traffic condition, public safety, street vacations, dedications of new rights of way and the establishment• or improvement thereof, freeway construction, change of establishment of street grade or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that Grantee shall in all such cases have the privilege to temporarily by-pass, in the authorized portion! of the same street or right of way, upon approval by the City of Renton any section of its cable or appurtenance to be so temporarily disconnected or removed. SECTION IV: Rates and Charges. 1.o Grantee shall impose or be permitted to impose upon subscribers or users rates olr charges for installation and for basic services, approved by the Federal Communications Commission an/or the City of Renton, until it has first been determined in the manner hereinafter provided that such rates are not in excess of a reasonable amount. In connection with the original grant of a franchise pursuant hereto the reasonableness of rates and charges shall be recommended by the Office of Cable Communications or any other body designated by the Renton City Council. Included in the proposed rates and charges filed by the Grantee with the Office of Cable Couuuunications or any other body designated by the Renton City Council will be a special discount to the low income elderly or low income permanently disabled; such discount to be in the sum of Two Dollars ($2.00) from the monthly basic rate, upon making application to the Grantee. To qualify for such discount, the provisions of Section 3-231 (B) of Title III - 3 - of Ordinance No. 1628 and Section 715 (D) and (E) of Title VIII of Ordinance No. 1628, or as same may hereafter be amended, shall be controlling. Any applicant for the granting or renewal of a franchise and any Grantee proposing any increase in rates and charges for installation or basic services shall first file with the Office of Cable Communications or any other body designated by the Renton City Council, a schedule of the proposed increased rates and charges together with supporting financial data, Such supporting data shall include a statement covering the period since the last previous rate adjustment showing clearly what total proceeds were derived from the system in terms of ratepayers payments and users charges and • the proportion of those proceeds - 3 a - devoted to the operation and maintenance of the system and construction of capital plant in the local service'area.The Office of Cable Communications or any other body designated by the Renton City Council shall examine and investigate the material submitted by the applicant or Grantee, and make recommendations to the Renton City Council with respect thereto within thirty (30) days after receipt. The Office of Cable Communications, the Grantee,. /or any other body designated by the Renton City Council may recommend a review of proposal of such increase by a Hearing Examiner and the Hearing Examiner shall determine the reasonableness of the proposed public rates and charges. The Hearing Examiner shall give notice of a/hearing and such notice shall briefly describe the proposed rates and charges and the recommendation of the Office of Cable Communications or any other body designated by the Renton City Council with respect thereto and shall state the place where the application and relevant facts are available to the public, the time and place of the hearing, and • the date by which written comments must be submitted. Notice of the hearing will be sufficient if published at least once a week during each of the two weeks preceding the hearing in a newspaper of general circulation within the City of Renton and in one or as many more community newspapers within the cable district of franchise areas, as may be necessary to cover the entire cable district and if broadcast over the local access channels of the applicant or Grantee (if any) in the cable district or districts affected at least once each working day between the hours of 9 a.m. and 11 p.m. during the two weeks immediately preceding the hearing. The purpose of the hearing before a Hearing Examiner shall be to determine whether the rates and charges proposed by the applicant or Grantee are in excess of a reasonable amount. In the event the Hearing Examiner determines that an independent audit of the applicant': accounts and records by certified public accountants is essential to a determination of the fairness of applicant's proposed rates and charges, he may direct applicant to cooperate. In the operation of a CAT'' system under a franchise granted pursuant to this Ordinance, no -4- Grantee shall make or grant any undue preference or advantage to any subscriber or user or other person, nor discriminate against any person or group; provided that this subsection shall not be construed to prohibit trade promotions customary in the industry, provided such trade .promotions not • are otherwise/prohibited by law. If the request for rate increase has not been 'acted upon within one-hundred-twenty (120) days of filing date, the Grantee may increase• subscriber rates subject to final action by the Renton City Council. SECTION V: Franchise' 'Fee. The Grantee shall pay unto the City of Renton quarterly, on or before the 10th day of each April, July, October and January, a sum equal to three per cent (3%) of the basic subscriber fees received by the Grantee within' the corporate limits of the City of Renton as now or hereafter fixed. The Grantor • or his authorized agents shall have the right, at all reasonable times, to inspect the books and records of the Grantee for the purpose of ascertaining accurately the actual basic subscriber receipts of 'Grantee and Grantee shall furnish promptly unto the City of Renton, with each payment, a statement outlining the basic subscriber receipts upon which payment is based. The City of Renton shall have the right to renegotiate the franchise fee if at any time the Federal Communications Commission amends or changes its rules, CFR 76,31., '.subpart; (b).. The franchise fee collected by the.City of Renton shall be used for the regulation and administration of cable communications. Any excess amount received over and above the cost for the administration and regulation, of cable communications shall be placed in a special fund earmarked for the cable communications and promotion and development of/access channels including government, educational, and public. Disbursement of •such funds shall be made only after the approval of the Renton City Council. • -5- SECTION VI: Length of Franchise. Each franchise granted by the City of Renton under this Ordinance shall be for a term of fifteen (15) years from the date of acceptance by the Grantee. The City of Renton may terminate the franchise by Ordinance enacted for such purpose, pursuant to the provisions of this Ordinance, in the event of the willful failure, refusal, or neglect by the Grantee to do or comply with any material and substantial requirements contained in this Ordinance, or the rules and regulations of the Federal Communi- cations Commission, adopted pursuant to this Ordinance, or as amended. • System failure in all or a major part of any cable system for a period of ten (10) consecutive days or for a period of 24 consecutive hours on 30 or more occasions during any period of twelve (12) consecutive calendar months shall constitute non-compliance with this Ordinance. The Renton City Council may initiate termination proceedings if, after public hearings, it determines that the Grantee has not complied with all the sections of this Ordinance, except that failure due to natural disaster shall not constitute non-compliance on part of Grantee. SECTION VII: Modifications. If any portion of this Ordinance should b.e inconsistent with any rule or regulation now or hereafter adopted by the Federal Communications Commission, then to the extent of the inconsistency, the rule or regulation of the Federal Communi- cations Commission shall control for so long, but only for so long, as such rule or regulation shall remain in effect, but the remaining portions of this Ordinance shall not hereby be affected, This Ordinance must be amended whenever possible, to conform with the rules and regulations of the Federal Communications Commission as they are amended, and such amendments must be made within one (1) year after the passage of such rules and regulations. SECTION VIII: Certificate of Compliance. The franchise holders shall have a valid certificate of compliance issued by the Federal Communications Commission or a pending application before operating or maintaining transmission and distribution lines for cable communications in the City of Renton, Washington. (6) SECTION IX: Equal Employment Opportunity and Affirmative Action Plan. Grantee shall comply with the City of Renton Summary of Fair Practices Policy Adopted by Resolution #2017 - "The Policy of the City of Renton is to promote and afford equal treatment and service to all citizens and assure equal employment opportunity to all persons based on ability and fitness regardless of race, creed, color, national origin, sex, physical, sensory or mental handicaps, age or marital status. This policy shall apply to every aspect of employment practices , employee treatment and public contact. " SECTION X: Complaints. The Office of Cable Communications or any other body designated by the Renton City Council shall investigate all subscriber complaints and resolve them by conciliation, if possible. If the complaints cannot be resolved by conciliation, then an appeal from any ruling may be made to the Renton City Council to review the facts and their determination shall be final. SECTION XI: Performance Test. At its discretion, the Renton City Council may request the Office of Cable Communications or any other body designated by the Renton City Council to make tests of the cable Communications system to assure that such system is adhering to the technical standards as required by the Federal Communications Commission. SECTION XII: Obscenity. No Grantee may exercise any control over program content on an access channel, except to the extent necessary to prevent the presentation of program material prohibited by the rules and regulations of the Federal Communications Commission. The Grantee shall at all times adhere to the Federal. Communications Commission rules , CFR 76-215, as now in force or any any time amended. • SECTION XIII: Discrete Areas. The City of. Renton shall be considered part of South King County as to recognition of iscrete communities for purposes of cable television and access channel regulation. (7) 1 SECTION XIV: Access Channel. The Grantee shall at all times adhere to the Federal Communications Commission rules CFR•'76-251 (access channel) , as now in force or at any time amended. SECTION XV: Unlawful to Steal Service. Every person who knowingly and willfully make unauthorized connection, whether physically, electrically, or inductively, or attaches any unauthorized device or devices to any cable wire, or other component ofl a franchised cable television system or to a television set, for the purpose of intercepting any program carried by a franchised cable television system which such person is not authorized to receive, shall upon conviction therefor be guilty of a misdemeanor, and may be punished by fine not exceeding two hundred fifty dollars •($250.00) or by imprisonment for not over thirty (30) days, or by both such fine and imprisonment. SECTION XVI: Amendment of Ordinance. Upon recommendation of the Office of Cable Communications or any other body designated by the Renton City Council, a review of this Ordinance may periodically be made by the Renton City Council. The Renton City Council under its police powers reserves the right to amend any section of this Ordinance at any time. I SECTION XVII: Transfer of Ownership. Any franchise shall be a privilege to be held in personal trust by the original Grantee. It cannot be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, merger, con- solidation or otherwise, without prior written approval of the City of Renton. Said approval shall be granted by the Renton City Council only after a public hearing and under the same terms and conditions as an original application. Said applications shall not be refused unless the Council finds that the public interest will not be served by the proposed transfer. (8) In the event the Grantee is a corporation, an assignment of the franchise shall be deemed to occur if there is an actual change in control or where ownership of more than 50% of the voting stock of the Grantee is acquired by a person or a group of persons acting in concert, none of whom already own 50% or more of the voting stock singly or collectively. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale or similar document, a duly executed copy of which shall be filed in the office of Cable Communications and the office of City Clerk, City of Renton, within 30 days after such transfer or assignment. SECTION XVIII: Hearing. The Renton City Council, or any other body it designates, shall conduct a public hearing to determine the following: 1. That the public will be benefited by the granting of the requested franchise; 2. That the applicant has the necessary resources to build, operate and maintain a cable television system in the franchise area. 3. That the, applicant will comply with all terms and conditions • placed upon the franchise by the Council; and 4. That the applicant is willing and able to comply with all relevant federal, state and local regulations. SECTION XIX: Consumer Protection. Subscribers an users in each cable district shall have the protection described in this Section in addition to all other rights conferred in this Ordinance. (a) upon request, each Grantee shall furnish to t.ie Office of Cable Connumications or any other body designated by the Renton City Council, and the Office of Cable Communications or the designated body shall compile and maintain for public inspection during regular business hours, copies of: 1. All applications and other communications submitted by the franchise applicants or Grantees to the City of Renton, the Federal. - 9 - Communications Commission or any other Federal, state, or local regulatory body having jurisdiction with respect to cable communications within the City of Renton; 2. Current information on ownership and management of the Grantee; 3. Current information on forms of subscriber agreements used by the Grantee; complaint procedures followed by the Grantee, and non-basic services offered by the Grantee and the rates and charges thereof; and 4. Records of all written requests for use of public access channels and leased channel time and the disposition of such requests, and records of all signals and programs carried (other than radio and television broadcast signals) . (b) The Office of Cable. Communications or any other body designated by the Renton City Council shall also compile and maintain for public inspection during regular business hours, copies of: 1. All federal, state, and local laws and regulations appli- cable to cable communications within the City of Renton; 2. Records of all written complaints filed with the office of Cable Communications or any other body designated by the Renton City Council and the disposition thereof; and 3. Policy statements and administrative and staff operating procedures of the Office of Cable Communications or any other body designated by the Renton City Council. (c) No Grantee shall cause or permit the viewing habits of any subscriber to be monitored without the subscriber's expressed consent. • (d) Whenever a Grantee shall offer a new service or facility, or changes in channel allocation or assignment, the Grantee shall give notice thereof to the subscribers and the Office of Cable 'Colmmunications or any other body designated by the Renton City Council. Whereupon, such new service or facility shall be made available I to all subscribers, if technically and economically practicable. - 10 - • (e) A Grantee shall give subscribers a 30-day written notice of any hearing concerning any proposed change in subscriber rates and charges. • (f) With respect to basic services , the Grantee shall provide, if technically practicable, all basic subscriber services and a tie-in connection without cost (except for actual cost of installation) , to one outlet (one T.V. connection) to each state-accredited public or private educational institution and each building designated by the • Office of Cable Communications or other body recommended by the Renton • City Council, which is owned and controlled by the City of Renton and used for public purposes and not residential use, when such recommended building is within 300 feet of the distribution cable. (g) No Grantee nor any major stockholder of a Grantee shall directly or indirectly engage within the City in the business of selling, leasing, renting, servicing or repairing radio or television sets or other receivers or parts thereof which make use of standard broadcast . entertainment signals, provided that nothing therein shall prevent Grantee from making modifications to the tuner input circuit of the sub- scribers television receivers and the fine tuning of the customers operating controls only, to insure proper operation under conditions of cable connection at the time of installation or in response to sub- scriber complaints, or from the selling, leasing, servicing, or repairing receive s and other equipment belongting to other CATV system operators for use in the conduct of their businesses. SECTION XX: Construction Variances. The Grantee is required in all cases to request and apply for all Construction Variances for system extension, subscriber installations, or any other variances that may be required by the City of Renton. SECTION XXI: Rights Reserved to the City. A Grar tee shall upon request of the Mayor or City Council make its facilities immediately available to the City for emergency use during the period of any emergency or disaster declared by the Mayor or City Council. • - 11 - SECTION XXII. CATV Construction System Expansion. Aerial and Underground. A. Subscriber Installation - Aerial from existing distribution' cables. 1. .The resident shall request service. 2. The resident shall be connected to cable at standard connection charge if the aerial connection drop does not exceed 150 feet. 3. If the connection aerial drop exceeds 150 feet, the resident may be charged the actual cost for the distance exceeding 150 feet plus standard' .connection charge and Grantee may request advance payment for such installation. B. Underground from existing distribution cable. 1. The resident must pay for furnishing open trench as specified by the cable company, backfilling and restoring. to original conditions. 2. The resident shall arrange for all necessary easements over or under private property. C. Systems Extension Aerial up to 300 Feet Extension. 1. The resident shall request service. 2. The Grantee shall extend a system to a resident who requests such service. 3. If the energized distribution cable is more than 300 feet from the residence, the Grantee may charge actual cost for normal construction for any distance exceeding 300 feet and may request advance payment. D. Systems Expansion. The Frnachisee shall within six (6) months from executing its acceptance of this frnachise prepare and submit a plan acceptable to the City for the completion of the construction of previously unwired portions within the geographic area of this frnchise. Con- struction under said program shall be staged for completion and be completed during a period of time not greater than twelve (12) years after the Grantee has received a Certificate of Compliance. Said program shall be subject to the approval of the Renton City Council and - 12 - the Office of Cable Communications and an annual review of the p-ogram 1.,y the CffiG(.: of CableCenications to assure compliance. Failure by the frinchise Holdbo tr, have coniltructed and boated such line:; ani Cc ble shall at the opti.on of: the Renton City Council operate as an abandonment of the rights under this franchise. E. Undergrounding of System. For system expansion in existing developments, the Grantee shall place the cable system under- ground in localities where both telephone and power lines are underground. • / / // .// • • • • • • • (12 (a)) • • • For existing aerial facilities Grantee shall replace aerial facilities with underground facilities concurrently and in cooperation with similar programs of the telephone and power utilities. At no time shall the cable system be the only aerial facility. Where undergrounding is required, the Grantee shall have the option of sharing or not sharing utility trenches, at no charge, if agreeable to utility. F. System Expansion, New or Existing Underground Developments or Tracts. Grantee may, at its option, extend energized or unenergized cable, or conduit, to all •new residential developments as they are constructed. Cost of trenching, conduit, pedestals, and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or landowner. All installation and construction by developer and/or landowner shall be to the specifications of the Grantee. Grantee need not provide cable television services to such a development until thirty percent (30%) of the residential dwelling units passed by cable have agreed to subscribe to cable service. G. System Expansion Limitation. Upon petition by the Grantee, the Renton City Council may defer or indefinitely suspend any expansion required by this Ordinance after a showing by the Grantee that such expansion would cause unreasonable financial hardship to 'Grantee. Any such Council decision shall be made by the Council after public hearings. The City Clerk shall publish a notice of any such hearing (at least I . ten (10) days prior to the hearing) , setting forth a time and place when and where any person or persons having any interest therein may appear before theCouncil and be heard. H. Industry Participation in LID's and RID' s Where Cable Systems do not exist. The Grantee shall participate in all I.ID' s and RID' s where no cable plant exists at the time of construction: (13) • • • a. Grantee shall be given plans of projects as soon as they are available so it may design the system to its specifications using conduit or direct burial cable. b. Wherever possible, trenches will be provided free of charge of the Grantee in all LID's and RID's. SECTION XXIII: Limitations and Conditions. A. Grantee's facilities shall be so located or relocated and so erected so as to interfere as little as possible with traffic or with such streets, avenues, highways, bridges and other public places and egress from and ingress to abutting property, provided, however, that Grantee shall not break up, block or disturb any street or other - 13 a - • CABLE TELEVISION • GLOSSARY OF TERMS ACCESS CHANNEL: A free composite channel to be used by government, education and public. • ALL-CHANNEL ANTENNA: An antenna which receives signals equally well over a wide band of frequencies. AMPLIFIER: A device consisting of electronic components used to increase power, voltage or current of a signal. AMPLITUDE MODULATED LINK: A form of microwave which uses amplitude modulation of a microwave carrier rather than the conventional frequency modulation usually used for microwave television links. This is usually accomplished by heterodyne conversion from conven- tional TV channels. ANTENNA ARRAY: A radiating or receiving system composed of several spaced radiators or elements. • ATTENUATOR: A device for reducing the power of a signal. ATTENUATION LOSS: The actual power loss in a cable., attenuator, coupling, or other device when electrical energy is transmitted through it, usually expressed in decibels. AUTOMATIC GAIN CONTROL (AGC) : A circuit which automatically controls the gain of an amplifier so that the output signal level is virtually constant for varying input signal level. AUTOMOTIC TILT: Automatic correction of change in tilt, or the relative level of signals of different frequencies. BACK MATCHED TAP: A cable tap device which employs transformer isolation and also employs impedence matching at the tap-off points. BRIDGER: An amplifier connected directly into the main trunk line to feed distribution cables with minimum insertion loss in the main trunk line. CABLECASTING: Origination of programming by a CATV system, usually other than automated services such as scanning weather dials, and'. exclusive of broadcast signals. CABLE POWERING: A method of supplying power through the coaxial cable to system amplifiers. CAPACITIVE TAP: A tap device with a capacitor network providing the desired amount of loss and isolation between the feeder cable and the subscriber drop cable. CASCADE: The operation of devices (usually amplifiers) in sequence in a cable system with the output of one device feeding the input of the next. CASCADEABILITY: The performance capability of amplifiers used to reamplify the same signal along a cable system without noticeable degradation. • CHANNEL COMBINER: An electronic or passive device which accepts the RF signals from many sources and combines them for delivery to the cable. • COAXIAL CABLE: A cylindrical outer conductor (shield) surrounding a central conductor held centrally in place by an insulating material referred to as the dielectric. It is, the most commonly used means of CATV signal distribution. CO-CHANNEL: A form of TV signal distortion where the same frequency is received from two different transmitters simultaneously. It generally appears as horizontal bars in the picture. CONDUIT: A tube, manufactured of an environment protective material, through which CATV cable is conveyed in an underground. System. CONVERTER: An electronic device that will shift any •television channel(s). from one channel to another. CROSS MODULATION: A form of signal distortion in which the visual content from one channel is superimposed on the visual content of another channel. DIELECTRIC: The. material, usually an electrical insula=or, which separates two conductors between which an 'electric potential exists. Usually, the insulating material separating the center conductor and outer shield of a coaxial cable. DIRECTIONAL COUPLER: A passive device that divides signal power between two paths with a greater degree of attenuation In one • direction than in the other. DIRECTIONAL TAP: A passive line tapping device based on directional coupler principles which diverts a portion of the signal from the line to the drop cable. The directional quality attenuates signals from the drop line, reducing reflections in the distribution cable. • DISCRETE AREAS: The separation of King County into separate commu- nities as required by the Federal Communications Commission regarding Access Channel. • DISTRIBUTION AMPLIFIER: An amplifier used with the main trunk cable at a point from which one or more feeder cables are extended (branched out) . DISTRIBUTION SYSTEM: The part of a CATV system used to carry signals from the head-end to the subscriber's receivers. DROP: The cable which connects the tap on the feeder line to the subscriber's house. FCC: Federal Communications Commission, FEEDER LINE: The coaxial cable running from bridgerst to line, extenders and taps. Sometimes called a distribution cable. • FIELD STRENGTH METER: A frequency selective heterodyne receiver capable of tuning the frequency band of interest, as used for TV, 54 to 216 MHz, with indicating meter showing the •magniIude input of voltage and the dial indicating the approximate frequency, FREQUENCY: The number of complete cycles or vibrations per unit of time (example: 60 cycles per second) . GAIN': A measure of the signal level increase in an amplifier usually expressed in dB. . 7 . }IEADEND: The electronic equipment located at the stars of a cable system, usually including antennas, preamplifiers , frequency converters, demodulators, modulators and related equipment. Both the building and the equipment which receives the television signals and processes them before application to the cable system are known as the head-end. INSERTION LOSS: Additional loss in a system when a device such as a directional coupler is inserted; equal to the difference in signal level between input and output of such a device. LID: Local improvement districts. LINE EXTENDER: Feeder line amplifiers used to provide signals at a sufficiently high level to the .more. distant subscribers. • LOCAL SERVICE AREA: Area where cable. operators have operating • cable systems. LOG PERIODIC ANTENNA: A form of antenna with intrinsic broadband and directional characteristics. Characterized by low response to the back •and sides. MAJOR TELEVISION MARKET: The specified zone of a commercial televisior station licensed to a Top-l00 community, or a combination of such specified zones where more than one community is listed. • MARKET GENERATOR: An electronic, instrument providing variable or fixed signals and used in conjunction with the frequent sweep testing to determine a specific frequency in the RF spectrum. MESSENGER: A steel cable, strung between poles or other supporting structures which supports the CATV coaxial cable, The coaxial cable is usually attached to the messenger by lashing. with stainless steel wire. MODULATION: The process, or result of the process, whereby some characteristic of one wave is varied in accordance. with another • wave. NOISE: In general, any unwanted signal or interference. Usually , . refers to unwanted signals of a random nature arising from thermal effects in the input circuits of amplifiers. This form of noise is known as "snow". OFFICE OF CABLE COMMUNICATIONS: City of Seattle Board' of Public Works Office of Cable Communications administers and regulates CATV• Franchises in greater King County. PARABOLIC ANTENNA: An antenna that has. a folded dipole or feed horn • mounted at the focal point of a metal or mesh dish haying a concave shape known as parabola. PREAMPLIFIER: An electronic device, usually haying superior input noise figure, designed to strengthen or boost a weak off-air signal to a level where it will be, sufficient to drive succeeding amplifiers_ • PRESSURE TAP: A device which connects to the center conductor and shield of a distribution cable to extract television signals ; tap does not require cutting of cable to make contact for a subscriber ' . drop. • RESOLUTION: A measure of picture resolving capabilities of a tele- vision system determined primarily by band width, scan rates and aspect ration. Relates to fineness of details perceivable.. R. I. D. : Road improvement .district. • public thoroughfare without prior written permission from the City, acting by and through its Director.of Public Works. A11 such cons- truction and installation work, whenever same crosses any of the public properties, shall be done under the supervision of and upon the inspection of the Director of Public Works and Grantee shall timely submit unto the Director of Public Works, prior to any such work, detailed plans and specifications of any such proposed work. The location of any franchised property in a street or other public area shall be subject to the approval of the. Director of Public Works and such approval shall be given in writing and Grantee shall be subject to all applicable Ordinance, regulations, permit or license fees as provided for by the Ordinances of the City of Renton from time to time. • B. During :any period of construction, all surface structures, if any, shall be erected and used in such places and positions within said public rights of way and other public properties so as to inter- fere as little as possible with the free passage of traffic and the free use of adjoining property, and Grantee shall at all times post and maintain proper barricades during any such period of construction as is required by the laws and statutes of the State of Washington. Any portion of the street so excavated' shall within a reasonable time and as quickly as possible after said excavation be restored and replaced by the Grantee at its sole cost and expense in at least as good condition as it was immediately prior to the time of such excavation, and all to be performed in accordance with the applicable rules and regulations of the Public Works Department. C. Grantee, its successors and assigns shall commence con- truction under any franchise within one (1) year from and after the date of granting thereof, and all such work shall be done and completed with the greatest amount of dispatch so as to reduceu any interference with the vehicular and pedestrian traffic an th d e public safety and welfare to a minimum. If Grantee has failed or neglected to commence such construction within said period of one (1) year, then all rights, privileges and authorities herein granted shall cease and terminate and the Franchise shall be of no further force and effect. (14) • Grantee. covenants and agrees, for itself, its successors and assigns, that in the event of any neglect, failure, refusal or omission to comply with any of the terms, conditions and regulations of any frnachise and the rules and ordinances of the City of Renton that the City may give notice of said default, and if such default has not been corrected or the conditions of the Franchise have not been complied with within thirty (30) days after receipt of such notice, then any franchise and all rights accruing thereunder shall be immediately subject to forfeiture and termination, at, the option of the City. D. Grantee, its successors and assigns shall promptly repair any damage to City property of every type and nature and all other City improvements caused by the failure or workmanship of Grantee's_ work during the life of any franchise; Grantee shall comply with all ordinances and regulations of the City of Renton regarding such excavation and whenever deemed necessary by the Public Works Director, shall be req ired to post a performance bond in favor of the City warranting, among other things, that such restoration work will be done promptly and in a proper, work- manlike manner. SECTION XXIV: Indemnity and Hold Harmless and Waiver of Damages: A. Grantee, its successors and assigns shall indemnify and hold harmless the City of Renton from any and all liabilities, fees, costs and damages, whether to person or property, or expense of any type or nature which• may accrue to the City by reason of the construction, operation, maintenance, repair and alteration of Grantee 's facilities; provided, however, that in case any suit or action is instituted against the City by reason of any such damage or injury, the City shall cause written notice thereof to be given unto Grantee and Grantee thereupon shall have the duty to defend any such suit or action, without cost, or expense to the City. B. Grantee shall have no recourse whatever against the City of Renton for any loss, costs, expense or damage arising out of any provision or requirement' of any franchise or the enforcement thereof. No privilege nor exemption will be granted or conferred unto - 15 • 1 Grantee by any Franchise except those specifically prescribed herein, and any such privilege claimed under this Franchise by the Grantee in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent improvement or installation therein. SECTION XXV: Bond and Insurance. Grantee shall, before construction file a good and sufficient bond as determined b the City of Renton,executed by a surety company authorized and qualified to do business in the State of Washington, conditioned upon the faithful per- formance of all duties and obligations •to be performed by the Grantee under the terms of this Ordinance, including the payment of all gross revenue payments imposed. by the terms of this Ordinance, and the removal of said system, and including repair and restoration of streets, and a•ll public utilities of every type and nature incident to all work done by the Grantee pursuant to the terms of any franchise, and such bond to be renewed by the Grantee annually and kept in full force and effect at all times during the life of any franchise. Grantee shall forfeit all rights and privileges conferred by any Ordinance, and the Franchise shall be null and void and of no force and effect whatever unless Grantee shall, before commencing construction of any part of said coaxial cable system, file with the City Clerk proper evidence that it has, in full force and effect and shall keep in full force and effect during the life of the franchise, public liability insurance, naming the City of Seattle and City of Renton as additional insured with coverage of not less than $100,000.00 per person, $300,000.00 per accident and property damage liability of not less than $50,000.00. SECTION XXVI: Codes. All work done by the Grantee pursuant to any franchise shall be in full compliance with the National Electrical Safety Code and all applicable law.s of the State of Washington and Ordinances of the City .of Renton then in. effect. In the event that Grantee fails at any time to furnish any required safeguards, signs, signals, and/or - 16 - • • l _ nt!i or to promptly repair any dzmage to City utilities or promptly ' excavation as r-•:mired by any law,• ordinance Or regulation, • thy: City right to proceed as may be required. to . so comply, and in such event the Grantee agrees and covenants to promptly ,,a„;:.; rg•imburse,-the .Ci.ty.for al] expenses, of; such .work. _.,.; . SECTION XXVII: Rais' rip•'or Moving Wires. If the raising or moving of. cables or wires is required by any third party a1t any • tithe to enable use of the streets, or other public rights of'way or properties, such party shall make written application at least five . (S) days in advance• of such required, use, and Grantee .shall raise or move said cables, wires• and/or other equipment at the expense of such applicant. • SECTION XXVIII • Condethnation. If,, during 'the term.of tl ..• franchise, .or any extension thereof, the City shall acquire 'by purchase or condemnation any of Grantee's property or assets maintained or used hereunder, no greater sum shall be allowed for the value of the . rights herein granted, in addition to all other elements affecting • the value of such purchase. or condemned property, than the actual • cost of obtaining the franchise. • • SECTION XXIX:... Any and ,all Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION XXX . This Ordinance shall be effective upon its passage, approval and five days after its publication. PASSED BY *THE CITY COUNCIL this` '16th day of " May" • , 1977. Delores A. Mead, Ci Clerk APPROVED BY THE MAYOR this 16th day of' May " 1977. /6C�1�fP.r�f�C/ Charles Delaurenti, Mayor Appr- ved as to form: air M. •ne an'City Attorney Date of Publication: 5-2o-77 (17) • . ' . ends Ordinance No. 3011 3137, 3450, 4105 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4254 1. ) AN ORDINANCE OF THE CITY. OF RENTON, WASHINGTON ADOPTING THE ANNUAL BUDGET FOR THE YEAR 1990 ; 2 . ) AMENDING SECTION 5- 103 (C) 7 OF CHAPTER 1, BUSINESS LICENSES, OF TITLE V (BUSINESS REGULATIONS) AND SECTION 6-2204 OF CHAPTER 22 , PRIVATELY OWNED BURGLAR AND/OR ROBBERY ALARM SYSTEMS, OF TITLE VI (POLICE REGULATIONS) , RELATING TO BUSINESS LICENSE FEES AND POLICE ALARM FEES; 3 . ) AMENDING ORDINANCE 3450 , AND ORDINANCE 3137 OF THE CITY CODE APPENDIX RELATING TO CABLE COMMUNICATIONS FUND AND FRANCHISE FEES; 4 . 1) DISSOLVING FEDERAL REVENUE SHARING AND COULON .PARK CONSTRUCTION FUNDS ; 5 . ) ESTABLISHING PARK AND GOLF COURSE FEES; AND 6 . ) TERMINATING PARTICIPATION IN PUGET SOUND COUNCIL OF GOVERNMENTS . THE CITY COUNCIL OF THt CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS : SECTION I: That the Annual Budget for the City of Renton for the year 1990, heretofore prepared and filed with the City Clerk, as modified and approved by vote of the City Council of the City of Renton on December 11, 1989 , after due notice and hearing thereof as provided by law, be and the same is hereby in all respects ratified, adopted, and confirmed as such Annual- Budget for the year 1990 , and same, by this reference, is incorporated herein as if fully set forth, labeled as (A) Expenditures, and (B) Resources. Ordinance No . 4252 , adopted under the date of December 4 , 1989 , fixed the amount of tax levies necessary for the year 1990 . SECTION II: The following total sums for expenditures are hereby allowed and established in each of the following funds in said 1990 Budget, to wit: (A) EXPENDITURES: s,917 g2o,�s 000 - GENERAL FUND 5,012,34078 101 - PARK FUND 40 3,012,465,3 45 102 - ARTERIAL STREET FUND • 103 - STREET FUND 195,484 105 - IMPACT MITIGATION FUND 851,219 106 - LIBRARY FUND 1 a•es. • • - ORDINANCE NO. 4254 36 7,0 107 - CONTINGENCY FUND 237, 118 - RESERVE FOR PATHS AND TRAILS 45,64113 125 - 1% FOR ART FUND 435,353 127 - CABLE COMMUNICATION FUND 131,696 207 - 1978 LIMITED GENERAL OBLIGATION BOND FUND (Senior Center) • 212 - 1989 LIMITED REFUNDING GENERAL OBLIGATION BOND FUND (City Shop) 337,792 213 - 1983 UNLIMITED REFUNDING GENERAL OBLIGATION BOND FUND (Coulon ark) ... 1,395,384 215 GENERAL GOVERNMENT MISCELLANEOUS DEBT SERVICE FUND 915,832 219 - 1989 UNLIMITED GENERAL OBLIGATION BOND FUND (Senior Housing) I 477,287 220 - LOCAL IMPROVEMENT DISTRICT DEBT SERVICE FUND 2,066,314 221 - LOCAL IMPROVEMENT DISTRICT GUARANTY FUND 1 643,410 301 - STREET FORWARD THRUST FUND 106,890 316 - MUNICIPAL FACILITIES CONSTRUCTION FUND 347,715 317 - GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND 5,076,498 319 - SENIOR HOUSING CONSTRUCTION FUND 6,001,845 320 - LOCAL IMPROVEMENT DISTRICT CONSTRUCTION FUND 728,669 401 - WATER, SANITARY SEWER, STORM DRAINAGE UTILITY FUND 12,279,032 402 - AIRPORT FUND 1,111,487 403 - SOLID 5,100,913 WASTE UTILITY FUND 5,100,913 404 - GOLF COURSE FUND 421 - WATER, SANITARY SEWER, STORM5,758,263 DRAINAGE CONSTRUCTION FUND 1,863,196 501 - EQUIPMENT RENTAL FUND f 5,293,104 502 - INSURANCE FUND l 5,293,104 601 - FIREMEN'S PENSION FUND 1 TOTAL EXPENDITURES (A) $84,481,548 TOTAL RESOURCES (B) $84,481,548 SECTION III : Chapter I, Business Licenses, of Title V (Business Regulations) of Ordinance No. 1628 entitled 'Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows : Section 5-103 (C) 7 , Sunset: This Ordinance shall be in full force and effect until December 31, 1991 at which time it shall terminate unless reinstated by formal City Council vote and later adoption of a formal ordinance. SECTION IV: Chapter 22 , Privately Owned Burglar and/or Robbery Alarm Systems , of Title VI , (Police Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: Section 6-2204 : False Alarm; Charges by City, Removal by Police Department: In the event of any response by the Police Department to any such false alarm, the City may levy and collect a minimum charge of twenty-five dollars ($25 . 00) and any such charge shall be paid within thirty (30) days by the owner or operator of the premises . 2 ORDINANCE NO. 4254 SECTION V: Sections I and II of Ordinance No. 3450 relating to the Cable Communications Development Fund is hereby amended to read as' follows: Section I : There is hereby established and created a special fund to be known as the "Cable Communications Development Fund" . Said fund is created for, but not limited to, the promotion and development of cable communications and access channels inchding government, education, and public, pursuant to Ordinance No. 3137 . Section II: The monies in said fund shall be expended as hereinabove specified, or for any other purpose as approved by the Renton City Council . SECTION VI . Section V, Paragraph 2 , Franchise Fee, of Ordinance No. 3137 is hereby amended to read as follows : The franchise fee collected by the City of Renton may be used for, but is not limited to, the regulation and admi istration of cable communications . The use of said funds shall be approved by the Renton City Council . SECTION VII : The following City of Renton Funds are hereby closed and dissolved: The Federal Revenue Sharing Fund (199) and Coulon Beach Park Construction Fund (315) . SECTION VIII: Certain Park and Golf Course Fees are hereby adjusted and established. Such fees are attached hereto as Exhibit "A" and made a part hereof as if fully set forth. SECTION IX: City of Renton participation in the Puget Sound Council of Governments shall terminate as of December 31, 1990 , unless reinstated by formal City Council vote. 3 ORDINANCE NO. 4254 SECTION X: A copy of the Budget as herein adopted shall be transmitted to the. Office of the State Auditor, Division of Municipal Corporations, and such other governmental agencies as provided by law. SECTION XI: This Ordinance shall be effective upon its passage, approval , and five days after publication. PASSED BY THE CITY COUNCIL this llth day of December, 1989 . Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this llth day of December, 1989 . I \. \.. . Earl Clymer, Mayo .. Approve ,As to form: `��; Lawrence J. Warn, City Attorney Date of Publication: December17 , 1989 ORD. 124 : 12/1/89 : as. 4 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4254 AMENDMENTS TO THE 1990 CITY OF RENTON BUDGET AMENDMENT EXPENDITURES REVENUES 1.) Pgs.19—2o,GENERAL FUND—LEGISLATIVE SERVICES(COUNCIL): A. Establish a Hospitality Account and Add $500. 500 --- B. Decrease General Fund Ending Balance by $500. (500) --- NO INCREASE TO THE 1990 BUDGET I 0 0 2.) Pgs.35—38,GENERAL FUND—POLICE DEPARTMENT, ADD TWO POLICEOFFICER POSITIONS: • A. Increase Police Patrol/Traffic Salaries and Benefits. 72,000 --- B. Stagger Hire Dates: 3/March 1, 1990; 1/April 1, 1990;. 1/May 1, 1990 (10,800) --- C. Increase Patrol/Traffic Division Supplies for New Officers. 4,000 --- D. Decrease Police Department Overtime. (35,053) --- E. Decrease Quarter Master Account. (3,500) --- F. Use Seized Vehicle in lieu of purchase, - Cut EgUipnent Rental. (3,500) --- G. Reduce Copier Rental - Relocation will allow cut. (3,597) --- H. Cut Police Training Account. (1,600) --- I. Defer Refurnishing Traffic Office/Capital Outlay. (2,950) --- J. Decrease General Fund Ending Balance. . (15,000) --- NO INCREASE TO THE 1990 BUDGET 1 0 0 3.) TRANSFER PROCEEDS FROM SALE OF PARK PROPERTY FROM CIP FUND TO GENERAL FUND,AND REPLACE TRANSFER TO THE INSURANCE FUND WITH GENERAL REVENUES,RATHER THAN PROCEEDS FROM PARK PROPERTY SALE: A. Pg. 59, GENERAL FUND REVENUES; Add Proceeds from the Sale of Park Property. 369,000 B. Pg. 29., GENERAL FUND/NON-DEPARTMENTAL: Add Transfer-Out of General Fund Revenues to Insurance Fund. 369,000 --- C. Pg. 82, INSURANCE FUND REVENUES: Change Reference on Transfer-In, from Park Property to Transfer-In from General Fund. -- D. Pg. 73, CAPITAL IMPROVEMENT FUND (CIP): CIP REVENUE: Delete Sale of Fixed Assets/Park Property. --- (369,000) CIP EXPENDITURES: Delete Transfer-Out to Insurance Fund. (369,000) --- NO INCREASE TO THE 1990 BUDGET I 0 0 4.) Pg.69,SENIOR HOUSING DEBT SERVICE FUND ADJUSTMENT: A. Increase the Senior Housing Excess Property Tax Levy by $188,000, to provide for the. 1989 interest payment. --- 188,000 B. Increase the 1990 interest account by $188,000. 188,000 --- INCREASE TO THE 1990 BUDGET . I 188,000 188,000 5.) GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND AMENDMENT: Pg.17,PARKS CIP PROJECT ADJUSTMENTS: • . A. Delete Project #2, 4th/5th Floor Remodel, covered in the 1989 mid-year budget adjustment. (65,000) --.- B. Reduce Project #10,'Senior Center Improvements by S4,100 to $15,900. (4,100) --- C. Reduce Project #11, Carco Theater Improvements by $2,000 to $20,000. (2,000) --- D. Add Park Equipment: (1) Subcompact Truck for General Services 11,300 --- •(1) Aerial Lift Truck for Park Facilities 37,200 --- (2) Subcompact Trucks for Park Facilities 22,600 --- NO INCREASE TO THE 1990 BUDGET I 0 0. TOTAL AMENDMENTS#11 #5 188,000 188,000 TOTAL 1990 PRELIMINARY BUDGET AS PRESENTED . 84,293,548 84,293,548 TOTAL 1990 CITY OF RENTON BUDGET AS AMENDED • 84,481,548 84,481,548 5 . • • • • EXHIBIT "A" CITY OF RENTON,. WASHINGTON • ORDINANCE NO. 4254 • The Renton Park Board duly recommends fee, changes to be effective in the 1990 Budget for the City of Renton Parks and Recreation Department. The changes and effective dates are as follows: Effective March 1, 1990 , Green Fees at the Maplewood Golf Course shall be as follows : SUMMER RATES March - October 9 holes $ 9 . 00 18 holes $12 . 00 • Senior Rates $10 . 00 WINTER RATES November - February 9 holes $ 8 . 00 18 holes $10 . 00 Senior Rates : • weekdays $ 7 . 00 weekends $ 8 . 00 • Effective April 1, 1990 : Boat launch fee for NON-RESIDENTS $ 5 . 00 Saturday; Sunday, and Holidays ONLY Effective June 1, 1990 : Swimming lessons - RESIDENTS $10 . 00 Swimming lessons - NON-RESIDENTS . $20 . 00 • • Effective June 1, -1990 :. Swimming pool admission fees: Children 12 and under $ . 50 Ages 13 - 17 $ . 75 Adults $ 1 . 00 .Senior Citizens $ . 50 • • •