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HomeMy WebLinkAboutTCI Cablevision of Washington, Inc. (1986-1993) . • • ... • , ••• . , 4 •ciegrike - • g°` ^ , 7`7`.77,'"717:1177'7 7777 77 1 STORY OF CABLE /6 - 6 16/ 4 cF. / 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; and i& • ;"6 • ittsitcbc,d*. ./64 . • el, /1,4. 74.4419 4e.i. g„,5r1,664„;,c,./e-- 41. RESOLUTION NO. 2647 WHEREAS, upon liquidation of Group W Cable, 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 TCI Holdings, Inc. , (the "Transferee" ) as soon as practicable after the closing ofthe 'foregoing stock. sale (thee "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 . will provide the City of Renton with a character generator, a channel and any equipment required for the airing of a community bulletin board throughout Renton, subject to resolution of technical considerations. -2- 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, WASHINGTON, DO RESOLVE AS FOLLOWS: 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 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 Transfereeafter 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 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- 4. '4E SOLUTION. NO. 2647 PASSED BY THE CITY COUNCIL this 16th day of June, 1986 . Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 16th day of June, 1986 . � t.�� c)C Barbara Y. Sh'inpoch,Mhyor Approved as to form: Lawrence J. ren, City Attorney •. I t 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 . .%)r, nro , h u1.90 at, Barbara Y. inpoch, Mayor Approved as to form: 41.4",-vAg44.4.0' Lawrence J. ren, City Attorney • `'I'-� i 1 cRoup CABLE Giou p W Cable.Inc.A Sulrarliary UI WESTINGHOUSE BFIOADGASHWG AND(ABLF•INC 15241PACIf IC HWY S S(:A1 I I.E WA 98188(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 Cable, Inc. is being sold to a group including five cable operators. 'Your consent to change in con- trol or ownership of Group W Cable., Inc. as a result of that sale of stock is - respectfully requested. A form which recognizes that sale of stock and which specifically identifies the buyers, and all of the subsidiaries or affiliated com- panies which will be involved in the sale, is attached for your review and consi- deration. 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 call. 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, 1 . / , • • John W. Stevens, Jr. ' ,' General Manager ti • ,N>tiatiT TO T ANF R OF COmOOL THIS CONSENT of the The City Council of The City of Renton ( "Grantor " ) , granted the date sot forth under the signature line below, WITNESSETH : WHEREAS , Group W Cable , Inc . , a New York corporation ( "Group W Cable" ) , operates and maintains a cable television uyv.tem in Grantor ' s coro.rr:uniLy 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 AREAS, 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 ..vn d ,or rt.ntiofIr)rj by , lloucton .Industrie ,; 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 inaiviuuaily as ' Buyer ' and collective) Ls 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 . ( the Transferee ' ) as soon as practicable after the- closing of the foregoing stock sale ( the ' Closing Date ' ) ; and WHEREAS , Grantor is willing to consent to ( i ) the foregoing 9 9 transfer of control of Group w Cable to Buyers on the Closing Date and ; ii ) the transfer of control of and/or assignment of the S}':.L.:in lo ll;c Trunfercc after the Closing Date ; NOW, THEREFORE, in consideration of thepremises, 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 to a wholly-owned subsidiary of Group W' Cable and ( iii ) the transfer of control and/or assignment of the System to the Transferee after the Closing Date , provided that the consent set forth in clauses ( ii ) 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 acceptance of , and its agreement and undertaking to perform all of the duties and obligations under, such Franchise . 1389B/NI IN WITNESS WHEREOF. Grantor has executed this convent , effective the Closing Date referenced above . GRANTOR By : Title : Date: 1986 • • • - 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 • • 1 ' � I 4 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 • • • • , 1 4 1389B/NI 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 , althoughat 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 . Wrz- ei7Z Maxine . tor , City Clerk APPROVED BY THE MAYOR this 11th day of July , 1983 . � akQ.3 . Barbara Y. Shing c , Mayor Approved as to form: Lawrence J. W ren, City Attorney C .Q/t,&,—GG- C/ 740. tet CITY OF RENTON, WASHINGTON RESOLUTION NO . 249.7 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 consolidatic 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 : 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 . Maxine E. Motor , City Clerk APPROVED BY THE MAYOR this 21st day of March , 1983 . .t40 130.1.0.) oc ov Barbara Y . 5 Yhinpoc , Mayor Approved as to form: Lawrence J. W ren, City Attorney • • , 4 CITY OF RENTON, WASHINGTON RESOLUTION NO . 2386 A RESOLUTION GRANTING MUNICIPAL APPROVAL TO THE, MERGER OF TELEPROMPTER CORPORATION AND:ASUBSIDIARY OF WESTINGHOUSE ELECTRIC CORPORATION • • WHEREAS Northwest .Cablevision, Inc . , ("Northwest • Cablevision") ',' a subsidiary of Teleprompter Corporation ("Tele- . prompter") ,. ds the. cable tele:Vision, francisee in Renton, • Washington; and • , • • . WHEREAS ,. Westinghouse Electric Corporation ("Westinghouse") proposes to acquire control Of Northwest Cablevision through. a merger between Teleprompter and a subsidiary of Westinghpuse , • • as set forth in a letter, application dated January 26 , 1981 ; and WHEREAS approval ha4 been requested to the proposed merger „ . _ - - . • • . NOW THEREFORE , THE':CITY:,COUNCIL OF THE CITY OF RENTON , WASHINGTON, DO RESOLV&:.ASFOLLOWS : • - _ SECTION I The' aboVe-recitalS • drefound to be true• and correct in all respects • , • SECTION .IT : The CitY:ofRenton hereby grants its approval , as requested; to permit Westinghouse toacquire control of Northwest Cablevision through the •merger• of Teleprompter and a subsidiary of Westinghouseall as .set forth in the letter application , dated January 26. , PASSED BY THE CITY . COUNCIL this . 16 day of March , 1981 , • • •• • • d itie.d/1 7-;71._ezzd . pe ores A. 'Mead, k.uit y Clerk . APPROVED BY THE MAYOR this 16tEday of March , 19$ ,. 13arbara Y. Stta-rfl,' Mayor Approved as tp form: • Lawrence J . :Waren; city- Attorney _ . • • . . _ . . /2-77 '4144,e`41..'" • r• CITY OF RENTON, WASHINGTON ( ORDINANCE NO. �i55 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING A NON-EXCLUSIVE FRANCHISE TO OPERATE ' A CABLE COMMUNICATION SYSTEM (CATV) WITHIN THE CITY LIMITS OFTHE CITY OF RENTON, WASHINGTON THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS : SECTION I : PURPOSE: WA§ Etanchip® ® 1 ©CEWit ,fat® EM ag. eemenV b- °e® l t%G. 014W .og awatom ag4 Mo ®pt Cablawleom dib/ vgiGpromp orp flo a (ftf®Q t® es/ms-k,u(n9 maUt nin am o o- rLe fC •- a WAN ®y®tom for the distribution of television signals . SECTION II : LENGTH OF FRANCHISE : The length of this Franchise shall be for a erm og 755 v� -p from the date of acceptance by the Grantee . 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 iniOrdinance 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 , F July, October and January, a sum equal to three percent ( 3%) of the basic subscriber feesllreceived 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- i IIS • under its police powers reservesthe 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. . ,I PASSED BY THE CITY COUNCIL. this 12thday of September, 1977 . id _ c.t - / 1/_ �%./ . Delores A. Mead, City lerk APPROVED BY THE MAYOR this 12thday of .Septembe ,. 1977 . 141 gear. Perry , Mayor ',Proem Approved as to::form: • 4gc: 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 if Compliance 6 9. Equal Employment and Affirmative Action Plan 7 I . 10. Complaints II 7 11. Performance Test 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 Protlection 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 • • E X• H I B I . T " A " , j ReSOIJAV0y144"31,55' . • CITYIO.F 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 ORDAINEDIBY THE MAYOR AND THE CITY COUNCIL OF THE • CITY OF RENTON, WASHINGTON, AS FOLLOWS: SECTION I: Purpose. There has been established. upon all political subdivisionsiby 47 CRF part 76 the duty to regulate television signal' distibution 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.47 CFR, part 76, and further til provide an integrated Ordinance concerning television signal disdlibution. 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 ihall 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 • I 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 more of the ownership of the applicant, either directly or indirectly, and the respective ownership share of. each person. (1) I c. A detailed and complete recent financial statement 1 of the applicant showing the resources required to construct and/or operate the proposed iystem and the ability of the applicant to accomplish same. (2) A detailed Plan of the operation of the applicant, winich shall include: a. A description of the cable district proposed to be served and a proposed time schedule for installation in each neighborhood or portioof the district. b. A statem'ent or schedule setting forth all proposed classifications with dates and charges of any kind to be made against subscribers. c. A description of the equipment to be utilized and I operational standards to be met as proposed by, the applicant. d. A statement teat the applicant is willing and able to comply with all relevant federal, state and local regulations I regarding cable television. I SECTION III: Terms of the Franchise. Any franchise to be I granted under the CATVIOrdinance shall not be deemed and held to be an exclusive fraichise or permit and shall not in any manner prevent the City of REnton from granting other or further franchises 1 or permits in, along, over, through, under, below or across any of I said rights of way, streets, avenues, and other public lands and I 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 I power to make all necessary changes, relocations, repairs, maintenance, I establishment, improvement, dedication of same as the City may deem tfit, 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 I I - 2 - �I1 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 approvalby 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 permitted to impose upon subscribers or users rates or charges for installation and fol 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 Communications 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 tie 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 - • I 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 he 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 aft r receipt. The Office of Cable Communications, the Grantee, /or any other body designate by the Renton City Council may recommend a review of proposal of suc increase by a Hearing Examiner and the Hearing Examiner shall dete mine the reasonableness of the proposed public rates and charges. The Hear.ng Examiner shall give notice of a/hearing and such notice shall briefly describe the proposed rates and charges and the recommendation. of t e Office of Cable Communications or any other body designated by the'Renton City Council'with respect thereto and shall state the place w ere the application and relevant facts - are available to the public, the time and place of the hearing, and • • the date by which written omments must be submitted. Notice of the' hearing will be sufficient if published at least once a week during each of the two weeks prec ding the hearing in a newspaper of general circulation within the Cit of Renton and in one or as many,mor.e community newspapers within the cablJ district of franchise areas, as may be necessary txp 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's accounts and records by certified public accountants is essential to a determination of the fairness of applicantTs. 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 bylaw. If the request for rate increase has not been acted upon within one-hundred-twenty ( 20) days of filing date, the Grantee may increase subscriber rates s bject 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 recordslof the Grantee for the purpose of ascertaining accurately the actual basic subscriber receipts of 'Grantee and Grantee shall furnish Ipromptly unto the City of Renton, with each payment, a statement outliing the basic subscriber receipts upon which • payment is based. The City of Rent n shall have the right to renegotiate the franchise fee if at any time the Federal Communications Commission amends or changes its rules, C R 76,31•, 'subpart,: (6).. The franchise fee collected by the.City of_ R nton 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 sof/access channels including government, educational, and public. Disbursement of ,such funds shall be made only after the approval of, the Renton City Council. -5- • 1 1 SECTION VI: Length of Franchise. Each franchise granted I 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 wilful failure, refusal, or neglect by the Grantee to do or comply with ariy 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 (110) consecutive days or for a period of 24 consecutive hours on 30 or more occasions during any period of twelve (12) consecutiv calendar months shall constitute non-compliance with this Ordinance. he 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: odifications. If any portion of this Ordinance I should be inconsistent faith any rule or regulation now or hereafter adopted by the Federal Communications Commission, then to the extent of the inconsistency, t e rule or regulation of the Federal Communi- cations Commission shal 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 I 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, p ysical, sensory or mental handicaps, age or marital status. This p licy shall apply to every aspect of employment practices, employee .tre tment and public contact." SECTION X: Cornlaints. 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 sy tem to assure that such system is adhering to the technical standa ds as required by the Federal Communications Commission. SECTION XII: Onscenit . No Grantee may exercise any control over program content on an access channel, except to the extent necessary to prevent th- 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 discrete communities for"purposes of cable television and access channel regulation. (7) SECTION XIV: Access Channel. The Grantee shall at all times • adhere to the Federal Communications Commission rules CFR.76-251 (access channel) , as noIw in force or at any time amended. SECTION XV: Utlawful 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 arty 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 .0250.00) or by imprisonment for not o er thirty (30) days , or by both such fine and imprisonment. SECTION XVI: endment 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. 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 approlal shall be granted by the Renton City Council only after a public he ring and under the same terms and conditions as an original application. Said applications shall not be refused unless the Council finlds that the public interest will not be served by the proposed transfer. (8) In the event th Grantee is a corporation, an assignment of the franchise shall b 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 execute• copy of which shall •be filed in the office of Cable Communications .nd the office of City Clerk, City of Renton, within' 30 days after suc 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 pu•lic will be benefited by the granting of the requested franchise; 2. That the ap•licant has the necessary resources to build, ' operate and maintain a cable television system in the franchise area. 3. That the, ap•licant 'will comply with all terms and conditions placed upon the franchise by the Council; and 4. That the ap licant is willing and able to comply with ' all relevant federal, st to 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 m intain 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 - II L . 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 formsof 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 11 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 I., 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 state ents 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. I 1 (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 I to all subscribers, if technically and economically practicable. I I - 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 f et of the distribution cable. (g) No Grantee nor any major stockholder of a Grantee shall directly or indirectly e gage 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, p9ovided that nothing therein shall prevent Grantee from making modiications 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 tl-e time of installation or in response to sub- scriber complaints, or flom. 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 - SECTION XXII. CATV Construction System Expansion. Aerial and Underground. A. Subscriber Installation - Aerial from existing distribution' • cables. 1. The resident shall request service. 2. Theresident 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 com any, backfilling and restoring, to original conditions. 2. The resid nt 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 dista ce exceeding 300 feet and may request advance payment. D. Systems Expansion. The Frnachisele 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 rece!!ved a Certificate of Compliance. Said program shall be subject to the approval of the Renton City Council and - 12 - , - 1 • - : ` | the 03ice oE Cable Communications and en annual review of the program by the Off of caul : swxicatioou to assure compliance. Failure b/ cxa Franchise Uol'}e, t:nconstructed and located such an-; cable shall at .the option oi the Renton City council operate as an abandonment of the rii7,h1:5 v/\d:c thin franchise. E. Undergrounuing of System. For system expansion in • ` \ existing developments, the Grantee shall place the cable system under- ground in localities where loth 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 asements. 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 t e 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 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) 1 • • • • a. Grantee s'iall 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 irterfere as little as possible with traffic or with such streets, aver}ues, 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 - • ' j . • • / • 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 deviLe 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 of 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: Origiation of programming by a CATV system, usually other than automated services such as scanning weather dials, .and'. exclusive of broadast 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.. • ..• rte. � , - , 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 tonductorlheld 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 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- nitie's 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 s4na7_s 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 bridgers 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, ' I 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 ' • • ILEADEND: Th6,.._. .ectronic equipment located at t` start 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 efore 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 input1 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 toy a Top-100 community, or a combination of such specified .zones where more than one community is listed. • MARKET GENERATOR: IAn 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 steell; 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 ingreater 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, suf ie ent to drive, succeeding ampXifiers_ • 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. 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.iperiod 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 soexcavated' 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 franlihise 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 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 • I to comply with any of the terms, conditions and regulationsof 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) day.s 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. required to post a performance bond in favor of the City warranting, among other things, that such restoration wolrk will be done promptly and in a proper, work- • i 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 I , 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 requirementof any franchise or the enforcement thereof. No privilege nor exemption will be granted or conferred unto • - 15 - • 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. Granteesh•all, 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, and the removal of said system., and including repair and restoration of streets, and all public utilities of every type arid 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 ler. accident and property damage liability .of not less than $50,OOO.00i SECTION XXVI: Codes. All work done bythe 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 - • lights or to promptly repair any damage to City utilities or pros ptly . ba- E;11 excavat;i o as r '::ui.rcd by any law,' ordinance Or regulation • •t`:•-: City r c:a _ . :s _ ••I right to proceed as maY be required. to . so comply, and in such event the Grantee agrees and covenants to promptly ,.a,.r r, :i,mburse.,-the .City,.for, all expenses, of.•such .work,.;:t.;. -•.-. ., • • :. 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 adyance'of such required use, and Grantee :shall' raise or . move said cables, wires• and/or other equipment at the expense of such • . applicant. • SECTION XXVI.II ' Conde ination. If., during the term.of th .• 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 purchased or condemned property, than the actual cost of obtaining the franchise. SECTION XXIX:... i 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' 1th day of• • ' " 'rtay" , 1977. ,atz,,,-„, a. 7 ,•„2.,,, . • . Delores A. Mead, Ci Clerk • APPROVED BY THE, MAYOR this 16thday of' May 1977. • Charles / Mayor. ayor Appr' ved as to form: . and M. Y,toar tity Attorney . • Date of Publication: 5-20-77 • i (17) . • :••,." • „ 71.. • ' ' • • ' • ,L1'?;f4..,: • . : • • • ' • :v;!:1,„;.:1.. .•: • of,ff• 6".4;;t04.1,Seu;'"•• • '• . . . .; •; •, • • • ;* '" • ' • •-• • • • . . . . . I :,••• • • . . • • • •..• , • . .r• . • • . CITY OF RENTON, WASHINGTON • .1.-ARDINANCENO.. . 115A • •• AN ORDINANCE OF THE:CITY':OF RENTON, WASHINGTON, • AUTHORIZING A- NONEXCLOSTVE FRANCHISE TO OPERATE ' A CABLE COMMUNICATION. SYSTEM (CATV). WITHIN THE CITY. LIMITS OF THECITY OY. RENTON, WASHINGTON - . THE . CITY\ COUNIL OF THECITY. OF RENTON, WASHINGTON, DO • ORDAIN AS FOLLOWS : • • • .• SECTION _I: 1PURPOSE: framehiwg . . 1 agre@B@Mt IlgtMigg% tEk."101tr Of Rigtekraill 5god° 02.12.5.7wlow mc. on • • mmumiclat99 &Igo a Viftfagegligetag: o; t514* . tvan9eigG4 ©CiMiZegaih _ .41mtaia, aia oommal .e or the distribution of television • signals . . • . . • . SECTION II :s1LNdTHAF ..FANCnISE .: The length of this • Franchise shall be for '.aleeM' Ok years from the date of acceptance by the Grantee, ' SECTION III :•.:.:4:TERMS ' OF :,FRANCHISE: This Franchise granted to Clearview TV Cable of. Enumclaw;. Inc .. shall not be deemed to be exclusive and shall notjn any .manner' preveht the City of Renton from granting other or .fUrther: franChiaes . The Grantee agrees to , all the terms, conditi6h's ; requirement , obligations and duties as • outlined in Ordinance N . 3137 ; dtedMay 16 , 1977 of theCity of Renton as passed by the:Councilof ,the City of Renton, as may be • amended from time to time: Time , ig • of the. essence in complying with said Ordinance. and correct copy of said Ordinance • • ••••••;.. -k is attached hereto as EkhibitA" j.ndoincdrPoi,ated herein as if fully set forth. • SECTION IV: FRANCHISE PEE: . Grantee shall pay unto the City of Renton, quarterly, on before- the 10th day of each April, • • July, October and Januar?y, . á sitn equaito three percent ( 3%) of the basic subscriber fees received by the Grantee as more particularly set forth in Section V ;:.7ranchise..Tee,-. of Ordinance No. 3137 , same ': being Exhibit "A" .attabhecl 'hei-.'etd .",.. ..,. , t. . .;: SECTION V ; AMENDMENT OF FRANCHISE : The Renton City • • Council under its police . power regen:/egthe right to amend any ••• .• :i/.Y.fRa • • • • • 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 c . such purchase or condemned property, than the actual cost of obtaining thelfranchise. 1 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 ore A. Mead , City Clerk APPROVED BY THE MAYOR this12th day of september; •' 1977 . • ;i444 o.rg-on . Perry, Mayor Pr• T:m Approved as to form: • . • • re. - r11711.M. hellan4 ' City Attorney •• • • • Date of Publication: 9/16/77 ' • • • • • - 2 - • • • • • • • :0 . . .,. " ,_. ,c-'-- 74-pytulaa. .6 Li • . 0rc Pkarnc.e_ 5-C/ d t CITY OF RENTON, WASHINGTON ORDINANCE NO. 3,137 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 : Pl.rpose. 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 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 o 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 more of the ownership of the applicant , either directly or indirectly, and the respective ownership share of each person. 1 (1) I 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 neighborhoodor 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 televis "on. 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 z 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 frights of way and thoroughfares and other public properties ' of every type. Grantee agrees and covenants , at - 2 - i • 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: Mates and Charges . lvo Grantee shall impose or be permitted to impose upon subscribers or users 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 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 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 tie monthly basic rate, upon makingapplication to the Grantee. To qualify for such discount, the provisions of Section 3-231 (B) of Title III 3 4 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 ' v_a.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 sufficientiif 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 entre 'cable district and if broadcast over the local access channels of the applicant or Grantee (if any) in the cable i 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 detevmine whether thi 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 applicants 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 CATII system under a franchise granted pursuant to this Ordinance , no -4- Grantee shall make or gr nt 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 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 Januar, 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 he' '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 776,3L,-subpart; (6).. The franchise fee collected by the. City of enton 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- I ,. C ) 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, of 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 be 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 Couuuunic.ations 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 Couwiission 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 #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 designatedjby the Renton City Council to make tests of the cable Cou►uiunications 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 discrete communities for purposes of cable television and access channel regulation. (7) • • 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 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 (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. 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 andconditions 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 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 - 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 offered 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 sof 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 Rs:nton 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, • I 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 - e A Grantee shallgive subscribers a 30-daywritten 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 partsithereof 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 Mayon 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 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 erial 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 - 1 - 1 the Office of Cable Communications and an annual review of the program • by the Office of CableCoM-manications to assure compliance . Failure by the Franchise Holder to have constructed and located such lines an'f cable shall at the option 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 . • i / . • J % / • / / j• 1 � I - 1 • � I ,, (12 (a) ) . • • I I • • __ ' - r • • 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 , 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. Grantee shall be given plans of projects as soon as they are available soffit 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 , hi.ghways , 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 - II ► `_� • _ a public thoroughfare without prior written permission from the City, acting by and through its :Director of rublic '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 anyfranchised 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 useof 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 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) r . • 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 therules 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 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 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 nay 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 suitor 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 - 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 5tre•et or any subsequent improvement or installation therein. SECTION XXV: Bond and Insurance. 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 , and the 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 tire 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 N.atio,nal 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 - • • • . • lights or to promptly repair any damage to City utilities or promptly ba^.:_ill excavations as r=_uired by any law, ordinance or regulation , , then_ the City rese-v s the -right to Proceed as m.Y be required to so comply, axed in such event the Grantee agrees and covenants to promptly ); r.,•imburse__the .City,_.for •al.,l xpense ; :of :, •ch...work.. 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 shjll '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 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' • ' .— i,17 . " , 1977 . _��_'w 1. �/ './ .A . Delores A. Mead , Ci Clerk APPROVED BY THE MAYOR this 16th day of May 1977 . IP .• ACS. i , � . Charles -F Delaurenti , Mayor ' Appr ved as to form: ' 57'43 V =7'431 t r „ y. o. Sar. , ty Atto,_ n.ey Date of Publication: 5-20-77 (17) . N • . • • • f 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 devie 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 miclIrowave .carrier rather than the conventional • frequency modulatioin 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 pro•grautuiing 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. • • • ' t .CHANNEL COMBINER: An electronic or passive device which accepts the RF signals fromimany 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 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 c.omlim- 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 s ,grigl5 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 bridgers , 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, "withlindicating meter showing the -magnitude input of voltage and the dial indicating the approximate frequency, FREQUENCY: The number of complete cycles or vibrations per unit • of time (example : 6.0 cycles per second) . GAIN: A measure ofthe signal level increase in an amplifier usually expressed in dB. . •^ • - / • • 1' • •.� f •, • t. r HEADEND: The ' electronic equipment located at the start 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 televisi • station licensed to a' Top-100 coim«unity, 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 testin€ 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 attachedlto 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• . j' • NOISE : In general , iany 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 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 . • • • • • • • • • . 6 g , A rri-;frt_ • • • r • .TABLE OF CONTENTS CABLE TELEVISION ORDINANCE Section Page 1. Purpose 1 2 . Application for Franchise 1 3. Terms of thelFranchise 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 7 14. Access Channel 8 15. Unlawful to Steal Service 16. Amendment of Ordinance 8 17. Transfer of Ownership 8 18. Hearing 9 19 . Consumer Protection 9 20. ConstructionlVariances 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 S 17 28 . Condemnation 17 16 >A/1//1r1/® LCE I 'I" I V n ^ O E I N V U RA I\V` "' DATE(MM/DD/YY) I 12-28-93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION • DESPOT NELSON & COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INSURANCE BROKERS INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 6312 S. FIDDLER'S GREEN CIR #4 35N COMPANIES AFFORDING COVERAGE ENGLEWOOD, CO 80111-4968 COMPANY AGRICULTURAL INSURANCE COMPANY A IN•1•l:l OF• SEATTLE, INC. COMPANY B CITY OF RENTON 5619 DTC PARKWAY COMPANY ENGLEWOOD, CO 80111 c DEC 3 0 1993 COMPANY COVERAGES CI-TY_CLERK!S_GFFIPP THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV 't POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1, 000, 00C A—X COMMERCIAL GENERAL LIABILITY UMB 7636695 01-01-94 01-01-95 PRODUCTS-COMP/OPAGG $ 17000, OOC CLAIMS MADE nCOCCUR PERSONAL&ADV INJURY $ 1, 000, 00C OWNER'S&CONT PROT EACH OCCURRENCE 7-1, 000, 00C FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY .SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO I OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ _ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT _$ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE — OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER ' • DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RENTON--WA—FRANCHISE AGxEEMENT CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON THE GENERAL LIAB. POLICY ABOVE, IF REQUIRED BY WRITTEN CONTRACT. RE: ORDINANCE #4413 CERTIFICATE HOLDER CANCELLATION SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE . CITY OF RENTON EXP5ItTION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 200 MILL AVENUE SOUTH S U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RENTON, WA 98055 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE CO PANY, ITS AGENTS OR REPRESENTATIVES. ATTN: CITY CLERK AUTHORIZED REPRESENTATIVE 0 �r / CRATG J:"NEL;SON--- -V:P®ACORD CORPORATION 1993- ACORD 25-S(3/93) �1 I w l-t TERRACE TOWER II ) Post Office Box 5630 5619 DTC Parkway ` Denver,Colorado 802.17-5630 i^. Englewood,CO 80111-3000 (303)267-5500 Ih CITY OF RENTON %LL.TELE•COMMUNICATIONS,INC. DEC 2 9 1993 AECteVED To the Franchising Authority: CITY CLERK'S OFFICE TCI Cable Management Corporation (TCI), on behalf of your local TCI-affiliated cable operator, hereby submits its response to your notice seeking an explanation of our present basic tier and equipment rates. TCI has attempted to comply with all applicable FCC requirements. To the extent the rates contained in this response are different from the current rates, such rates, if approved would represent a revenue neutral restructuring of current rates. As we all know there remains considerable uncertainty about various aspects of"benchmark" regulation. Accordingly, we hereby reserve the right to make future corrections to this filing. The operator also requests the right to make future adjustments in its rates, to the extent that any error was made in computing the benchmark rates. Such latitude is essential given the confusion surrounding the initiation of benchmark regulation. We appreciate your patience and understanding as we strive to comply with all of the provisions of the 1992 Cable Acts. If you have any questions or concerns about this filing, please bring them to the attention of your local TCI-Affiliated cable manager. He or she will do their best to answer your questions or get you the answer in a timely manner. Considering the complexity of the 1992 Cable Act we hope you will work with us as we work to fully comply with the'law. TCI Cable Management Corporation By:2t76/A7577r—e44----Green Director of Regulatory Compliance yeele-ZC An Equal Opportunity Employer FCC 393 - PART I REQUEST FOR CABLE RATE APPROVAL COVER SHEET Community Unit ID: Date: WA0068 12-27-93 Name of Cable Operator TCI OF SEATTLE, INC. • Mailing Address: 15241 PACIFIC HWY. SOUTH City: State: Zip: SEATTLE WA 98188 Point of Contact for Form: HOKENSON, GARY (SYSTEM) Telephone: Fax: • (206)433-3434 Local Franchising Authority/Mailing Address: JAY COVINGTON EXECUTIVE ASSIST TO THE MAYOR 200 MILL AVENUE SOUTH City: State: Zip: RENTON WA 98055 This form is being filed with respect to: X basic rate regulation cable programming service rate regulation FOR BASIC SERVICE TIER AND EQUIPMENT RATES: Program Service Rate I l r 7Number of channels on basic service tier: 17 (2) Current rate for basic service tier: 11.27 (3) Maximum permitted per channel rate: 0.651 (4) Maximum permitted rate for basic service tier: 11.07 TIME RUN 16:04:55 27 DEC 1993 HEADEND H0598G FRANCHISE F1933 • FCC 393, Part I, Page 2 EQUIPMENT AND INSTALLATION RATES PERMITTED ACTUAL (1) Charges for basic service installations (a) Hourly Rate OR (b) Average installation charges (1) Installation of unwired homes 48.80 49.56 (2) Installation of prewired homes 24.40 24.78 (3) Installation of additional connect. initial 8.13 8.26 (4) Installation of additional connect. separate 24.40 24.78 (5) Other installations (specify) Move Outlet 24.40 24.78 (6) Other installations - Upgrade/Downgrade Opt 16.27 16.52 '(7) Other installations - VCR ConnectInitial8.13 8.26 (8) Other installations - VCR Connect Separate 16.27 16.52 (9) Other installations - FM Connect•Initial 8.13 8.26 (10) Other installations - FM Connect Separate 16.27 16.52 (11) Other installations - DMX Install Initial 8.13 8.26 (12) Other installations - DMX Install Separate 16.27 16.52 (13)_Other installations - ALB Install Initial __5.53 5.50 (14) Other installations - A/B Install Separate 16.27 16.52 (2) Charge for changing tiers 2.00 2.00 FCC 393, Part I, Page 3 EQUIPMENT AND INSTALLATION RATES (cont'd) PERMITTED ACTUAL (3) Monthly charge for lease of remote controls Remote control type 1: 0.19 0.10 Remote control type 2: 0.00 0.00 Remote control type 3: (4) Monthly charge for lease of converter boxes Converter box type 1: 1.12 0.60 Converter box type 2: 2.31 1.08 - Converter box type 3: (5) Monthly charge for lease of other equipment Cable home wiring Other equipment (specify) 'FOR CABLE PROGRAMMING SERVICE RATES AND EQUIPMENT PROGRAM SERVICE RATES (1) Number of channels"on.programming service tier 16 - (2). Current rate for cable programming service tier 10.61 (3) Maximum permitted per channel rate 0.651 (4)Max.—permitted"rate for programming service tier –10..42 EQUIPMENT AND INSTALLATION RATES included in basic tier) I certify that the statements made in this form are true and correct to the best of my knowledge and belief, and are made in good faith Name of Cable Operator: Signature: TCI OF SEATTLE, INC. Date: Title: 12-27-93 (54 Regvict4-41 Accokv"-k2.5 TIME RUN 16:04:55 27 DEC 1993 • Worksheets for Calculating Maximus Initial Permitted Rate per Channel for Basic Tier or Cable Programming Service Cable Oper Name: Tele-Communications, Inc. Community Id: WA Date 12-27-93 Franchise Authority: SEATTLE I AML ]-H0598G Basic Tier Cable Programming Worksheet 1 Calculation of Rates in Effect on Init Date of Regulation and Benchmark Comps A B C E Line Line Description Basic Tier 2 Tier 3 Total 101 Tier Charge (Monthly) 11.27 10.61 102 Tier Channels 17 16 103 Tier Subscribers 11,559 11,296 0 104 Equipment Revenue 18,741.91 105 Charge Factor 149,011.84 119,850.56 268,862.40 106 Channel Factor 196,503 180,736 377,239 107 Charge per Channel 0.713 108 Franchise Fee Exp. (Mo) 0.00 109 Franchise Fee Deduction 0.000 ('----- Base Rate per Channel 0.713 ic' Benchmark Channel Rate 0.639 122 GNP-PI Current 125.6 123 Inflation Factor 0.025 124 Adj Time Period 13 125 GNP-PI Time Period 9 126 Time Factor 1.44 127 Inflation Adj Factor 1.036 128 Adjusted Benchmark Rate 0.662 Worksheet 2 Calculation of Rates in Effect on Sept 30, 1992 and Benchmark Comparison A B C E Line Line Description Basic Tier 2 Tier 3 Total 201 Tier Charge (Monthly) _ - 20.88 2.15 202 Tier Channels 27— - 6 — — — — — — — ——— — 203 Tier Subscribers 11,249 11,052 0 204 Equipment Revenue 28,217.87 205 Charge Factor 263,096.99 23,761.80 0.00 286,858.79 206 Channel Factor 303,723 66,312 0 370,035 Charge per Channel 0.775 r Franchise Fee Exp. (Mo) 7676.33 a,r Franchise Fee Deduction 0.021 210 Base Rate per Channel 0.754 220 Benchmark Channel Rate 0.639 230 Reduced Base Rate/Channel 0.679 1992 SATELLITE CHANNELS 20 1993 SATELLITE CHANNELS 20 TIME RUN 16:05:06 27 DEC 1993 Worksheets for Calculating Maximum Initial Permitted Rate per Channel for Basic Tier or Cable Programming Service Cable oper Name: Tele-Communications, Inc. Community Id: WA Date 12-27-93 Franchise Authority: SEATTLE ( AML 3-H05980 Basic Tier Cable Programming Worksheet 3 Removal of Equipment and Installation Costs Line Line Description Total 300 Base Rate per Channel 0.679 301 Equip & Install Cost (Mo) 18,741.91 302 Channel Factor 370,035 303 Cost per Subscriber-chan 0.051 304 Base Service Rate/Chan 0.628 Worksheet 4 Adjustment for Inflation Base Service Rate/Chan 0.628 Inflation Adj Factor 1.036 vuc Adj Base Ser Rate/Chan 0.651 Worksheet 5 Adjustment for Changes in Number of Regulated Channels 500 Adj Base Ser Rate/Chan 501 Benchmark Chan Rt (Base) 502 Benchmark Chan Rate (New) 503 Channel Adjustment Factor 504 Chan Adj Base Ser Rt/Chan 600 Max Init Permit Rate/Chan 0.651 1992 SATELLITE CHANNELS 20 1993 SATELLITE CHANNELS 20 ' TIME RUN 16:05:06 27 DEC 1993 FCC FORM 393 - - PART III Worksheets for Calculating Equipment and Installation Charges Cable Oper Name: Tele-Communications, Inc. Community Id: WA Date 12-27-93 Franchise Authority: SEATTLE ( AML ]-H0598G Basic Tier Cable Programming STEP A. Hourly Service Charge Line 1. Annual Cost of Maintenance and Installation 493,823.69 2. Customer Equipment and Installation Pct. 0.17 3. Annual Equipment Basket Cost 84,904.31 4. Total Labor Hours Maint/Equip 2610 5. Hourly Service Charge (HSC) 32.53 STEP B. Installation Charge Line 6. Uniform HSC for All Installations OR Line 7. Average charge for installation type a. Unwired home installation 48.80 b. Prewired home installation 24.40 c. Additional connection initial 8.13 d. Additional connection seperate 24.40 e. Other installations (specify): Item 1. Relocate Outlet 24.40 Item 2. Upgrade Downgrade 16.27 Item 3. Connect VCR Initial 8.13 Item 4. Connect VCR Separate 16.27 Ltem_5..-Connect_FM_Initial 8.13__, ------ -- - ----- Item 6. Connect FM Separate 16.27 Item 7. Install DMX Initial 8.13 Item 8. Install DMX Separate 16.27 Item 9. Install A/B Initial 5.53 Item 10. Install AB Separate 16.27 ( • Cable Oper Name: Tele-Communications, Inc. Community Id: WA Date 12-27-93 Franchise Authority: SEATTLE I AML ]-H0598G Basic Tier Cable Programming STEP C. Charges for Leased Remotes Line 8A. Annual Capital Costs 5,314.78 9A. Total Maintence/Inst Hours 39 10A. Total Maintence/Inst Cost 1,268.67 11A. Total Cost of Remote 6,583.45 12A. Number of Units in Service 2928 13A. Unit Cost 2.25 14A. Rate per Month 0.19 8B. Annual Capital Costs 9B. Total Maintence/Inst Hours 10B. Total Maintence/Inst Cost 0.00 11B. Total Cost of Remote 0.00 12B. Number of Units in Service 13 '-",lit Cost 0.00 14' ite per Month 0.00 STEP D. Charges for Leased Converters Line 15A. Annual Capital Costs 19,145.76 16A. Total Maintence/Inst Hours 215 17A. Total Maintence/Inst Cost 6,993.95 18A. Total Cost of Leased Converters 26,139.71 19A. Number of Units in Service 1943 20A. Unit Cost 13.45 21A. Rate per Month 1.12 15B. Annual Capital Costs 115,538.10 16B. Total Maintence/Inst Hours 529 178. Total Maintence/Inst Cost 17,208.37 18B. Total Cost of Leased Converters 132,746.47 19B.-Number_-of_Uni-ts__i n_Service _ 4791 20B. Unit Cost 27.71 21B. Rate per Month 2.31 STEP E. Charges for Other Leased Equipment NOT APPLICABLE Cable Oper Name: Tele-Communications, Inc. Community Id: WA Date 12-27-93 Franchise Authority: SEATTLE I AML ]-H0598G Basic Tier Cable Programming STEP F. Charges for Changing Service Tiers or Equipment Line 29. Nominal Charge for Changing Service Tiers Line 30. Uniform HSC for Changing Service Tiers Line 31. Average charge for changing service tiers 16.27 STEP G. Monthly Equipment and Installation Costs for Adjustment of Regulated Service Line 32. Annual customer equipment and inst costs 224,902.95 L 33. Adjustment of Line 32 0 Line 34. Monthly equipment and installation cost 18,741.91 • SCHEDULE A STATE WA - PAGE 1 16:05:12 12-27-93 H C F G Current A B Accumulated.... D E Return ON Fed/State Provision For.. I HEADEND NAME HEAD#. Equipment Gross Book Depreciation... Deferred Taxes. Net Book Investment Taxes Depreciation... Total SEATTLE ( AML ] H0598G VEHICLES 18,868.91 9,917.62- 801.04- 8,150.25 916.90 355.92 2,352.26 3,625.08 TOOLS 23,904.01 15,410.46- 2,189.51- 6,304.04 709.20 275.29 2,314.11 3,298.60 42,772.92 25,328.08- 2,990.55- 14,454.29 1,626.10 631.21 4,666.37 6,923.68 1 records listed. SCHEDULE B STATE WA - PAGE 1 16:05:16 12-27-93 Applied... HEADEND NAME HEAD# Description 100% Percentage End SEATTLE ( AML ] H0598 TECHNICAL SALARIES 308,231.14 11.00 33,905.43 G CONTRACT LABOR 11,447.69 74.00 8,471.29 MAINTENANCE/OPERATING MATERIAL 8,857.43 30.00 2,657.23 FREIGHT 596.68 11.00 65.63 CONVERTER MAINTENANCE 24,369.38 100.00 24,369.38 VEHICLE EXP-GAS & OIL 10,890.66 11.00 1,197.97 VEHICLE EXP-REPAIRS & TIRES 8,916.61 11.00 980.83 VEHICLE RENTAL 11.00 EMPLOYEE BENEFITS 26,748.44 11.00 2,942.33 PAYROLL TAXES 30,823.11 11.00 3,390.54 430,881.14 77,980.63 1 records listed. SCHEDULE C STATE WA - PAGE 1 16:05:21 12-27-93 H C F G Current I A B Accumulated.... D E Return ON Fed/State Provision For.. Units In.. J HEADEND NAME HEAD#. Equipment Gross Book Depreciation... Deferred Taxes. Net Book Investment Taxes Depreciation... Service... Total SEATTLE [ AML I H0598G STANDARD CONVERTERS 371,876.38 319,948.05- 3,325.15- 48,603.18 5,467.86 2,122.46 11,555.44 1,943 19,145.76 ADDRESSABLE CONVERTERS 2,244,147.09 1,930,777.35- 20,066.16- 293,303.58 32,996.65 12,808.34 69,733.11 4,791 115,538.10 REMOTES 103,231.28 88,816.20- 923.05- 13,492.03 1,517.85 589.19 3,207.74 2,928 5,314.78 2,719,254.75 2,339,541.60- 24,314.36- 355,398.79 39,982.36 15,519.99 84,496.29 9,662 139,998.64 1 records listed. • ii SCHEDULE D AVERAGE INSTALLATION CHARGES Cable Oper Name: Tele-Communications, Inc. Community Id: WA Date 12-27-93 Franchise Authority: SEATTLE [ AM ]-H0598G X Basic Tier a. Unwired Home Installation: 1. Average Hours per installation 1.50 2. Unwired Home Installation Charge 48.80 Prewired Home Installation: 1. Average Hour per Installation 0.75 2. Prewired Home Installation Charge 24.40 c. Additional Connection Installation - Initial: 1. Average Hours per Additional Connection 0.25 2. Additional Connection - Ini. Inst. Charge 8.13 - ,d. ' Additional Connection Install. - after init.: 1. Average Hours per Additional.Connection 0.75 2. Additional Connection - Seperate Inst. Charge 24.40 e. Other Installation (by Item Type): Item 1. (Specify) RELOCATE ADDITIONAL OUTLET 1. Average Hours per installation 0.75 2. Item 1 Charge 24.40 Item 2. (Specify) UPGRADE DOWNGRADE 1. Average Hours per installation 0.50 2. Item 2 Charge 16.27 Item 3. (Specify) CONNECT VCR INITIAL 1. Average Hours per installation 0.25 2. Item 3 Charge 8.13 r. Item 4. (Specify) CONNECT VCR SEPARATE 1. Average Hours per installation 0.50 2. Item 4 Charge 16.27 Item 5. (Specify) CONNECT FM INITIAL 1. Average Hours per installation 0.25 2. Item 5 Charge 8.13 Item 6. (Specify) CONNECT FM SEPARATE 1. Average Hours per installation 0.50 2. Item 6 Charge 16.27 Item 7. (Specify) INSTALL DMX INITIAL 1. Average Hours per installation 0.25 2. Item 7 Charge 8.13 Item 8. (Specify) INSTALL DMX SEPARATE 1. Average Hours per installation 0.50 2. Item 8 Charge 16.27 Item 9. (Specify) INSTALL A/B INITIAL 1. Average Hours per installation -- - 0.17 2. Item 9 Charge 5.53 Item 10. (Specify) INSTALL A/B SEPARATE 1. Average Hours per installation 0.50 2. Item 10 Charge 16.27 1076 S. Franklin St. Olympia,WA 98501 A'v\11 • (206)7534137 ASSOCIATION OF WASHINGTON CITIES - I CIT'OF RENTON November 15, 1993 NOW 1 6 1993 CITY CLERK'S OFFICE TO: City Cable TV Franchise Administrators , FROM: Stan Finkelstein, Executive' Director RE: Cable Television Rate Freeze Extension • If your city intends to regulate cable television rates but is notyet certified by the Federal Communications Commission (FCC) , they have good news for you. - Late last week the FCC extended the rate: freeze for all cable,providers that was to have expired today. The extension gives more time for cities to get certified by the FCC for rate regulation, and to approve a regulation 'ordinance. While the freeze remains in effect, cable providers cannot increase average subscriber. bills. �y The FCC's order, however, does not delay regulation by cities and towns that are already certified to regulate basic rates, or that become certified prior to the new February 15, 1994, expiration date for the rate freeze. If you've taken the ` necessary steps to begin regulation, this freezeextension in no way affects your ability to regulate rates. ; Enclosed for your information is an. excerpt of the extension order from the FCC. If you have any questions about cable television regulation, please contact Curt Pavola•of AWC at (206) 753=4137, SCAN 234-4137, or toll-free message line 1-800- 562-8981. • SSF/CP enclosure n .14).".„04404tet Cooperation for Better Communities . A 1 . NOV-12-93 FRI 00:53 P. 02/06 • Before the • FEDERAL COMMUNICATIONS COMMISSION FCC 93-494 • ' Washington, D.C. 20554 . In the Matter of '1 • Implementation of Sections of ) the Cable Television Consumer ) mm Docket 92-266 Protection and Competition Act" ) • of 1992 I ) Rate Regulation , ' - ) . ORDER Adopted: November 10, 1993 . Released: November 10, 1993 By. theYCommisaion: Chairman Quello- and Commissioner Duggan issuing separate statements; Commissioner Barrett _dissenting. and issuing a separate statement. I,.. Introduction ' 1. In this Qder, on our own motion, we reconsider the __ expiration date of the freeze of regulated cable service ' revenues, and extendlthe' expiration date of the freeze from - November 15, 1993 until February 15,. 1994.'1 IX. Background • 2. In the Rate Order, we established a comprehensive regulatory frameworkl providing for rate regulation of the basic service tier by local franchising authorities and of cable programming services tiers by the. commission as required' under the Cable Act of 1992.2 We established. June 21, 1993 as the effective date of our rate regulations.' At the same time, we were concerned that during the period between adoption of our rules and the earliest practical opportunity for local franchising authorities to establish 'regulation of the basic service tier, and for consumers to file complaints with the Commission concerning rates for cable programming services tiers, cable operators could raise rates, effectively undermining the statutory goal that rates for cable services remain reasonable.' In particular; we were concerned that cable operators could raise rates to potentially unreasonable levels, as determined under the rate regulations ultimately adopted. We determined that a freeze of regulated cable service revenues until August 3, 1992 -would •• i provide •a reasonable opportunity for local franchise authorities to become certified 'to regulate the basic service tier and for Consumers to invoke ,by ,complaint the Commission's regulatory oversight over .cable programming services tiers. Accordingly, we established a freeze until that date of' revenues for :cable services subject to .regulation under the Cable Act of 1992.5 . I . NOV-12-93 FRI 00:531' . 3 . Subsequently, cnc VV{llttli.7Lary ,____-_.._. P. 03/06 • of implementing rate regulation by June 21, 1993 in view of the significant additional responsibilities imposed on the Commission, by the, Cable Act' of 1992 and a severe funding shortfall faced by . the Commission, at that time'.` We extended the .effective date. of . , 'cable rate regulation from June 21, 1993 until October -1, 1993, • and the, freeze until;Noveimber 15; 1993 in: order to provide local franchising authorities and: consumers a. continued opportunity to . exercise their rights under the Cable Act of 'i992 "and our • regulations in light of the new effective date of cable 'rate -' regulation.' We later determined that an . Vearlier implementation of cable rate ' regulation was feasible because of aiupplemental appropriation provided to the Commission and moved the effective date of rate regulation from October 1, 1993 to September 1, . 1993 .' We did not alter the date for expiration of the. freeze . because we were concerned that local franchising authorities may have established implementation plans based on an effective date Of October 1, 1993 .'' Our regulations establishing.-rate V regulation of cable service became effective September 1, 1993 . III. Discussion 4 . Under the Cable Act of 1992 and our implementing regulatory framework, cable operators are generally free to raise . . rates for the basic service tier. in the absence. of local . certification and for cable programming service tiers in the . • absence of subscriber complaints invoking the regulatory oversight of ,the Commission. As of November 3, 1993, the Commission has received 3425 applications for certification from . localfranehising.-:authorities:cpvering_"approximately 5050 . , communities served by cable, and no more than approximat614 8'3.6 . properly completed subscriber complaints. These figures represent only a small percentage of the nearly 33, 000 • communities that are potentially eligible to regulate. the -basic , serv'i'ce tier, and an even •smaller percentage of the country's 58 million cable subscribers. 1993) (" 'ir$t gatesReconsidgl t i n") . . . ' gaffe 'Orglelz,. 8 FCC Rcd 'at 5635. r a orde , 8 FCC Rcd'at 2921; flferra.l Order, at para. 5. . S xi ,Freeze Order, • 8 FCC Rcd" at, 2921-22. ' ,Ste also, Cla� rifi gitian Ordder,. 8 FCC Rcd at 2918. Under the freeze,. ,the average monthly subscriber bill ' for cable services and associated equipment subject 'to rate, regulation: under the Cable Act of 1992 may..not increase above the level ,determined under rates in effect . on April S, 1993.. The Commission.provided for waivers 'of the rate Breeze in .particular cases where a cable operator-can demonstrate that the freeze wau'd impose._severe economic hardship or threaten ' the viability .of.Continued.cable :service, Rate,Fre_ezt. rdex, -8 FCC ' Rcd at 2921-22 ' n.6... $eq- s,Q a,, • In the . Matter of .. Fidelity.. Cablevision, Inc.: , Petition for Emergency Relief,- Ory-ger,, FCC 93-445 • (released September 21, 1993) : V . ' pe orral, Otd r, FCC 93-304, 58 FR 33560 (June .18, 1993) . ' • 11OV-12-93 FRI 00:54 • P. 04/06' 5. In light of .the relatively few applications for certification and subscriber complaints received to date, we are concerned that the expiration of the freeze on November 15, 1993 could undermine the statutory purpose that rates for regulated cable service be 'reasonable by permitting rates to rise before_ rate regulation has begun in earnest. We believe that the purposes of the statute will best be fulfilled if we establish an additional opportunity for local franchising authorities and . • • subscribers to participate in assuring the reasonableness of cable service rates prior to expiration of the freeze.10 We believe that an extension of the freeze until February 15, 1994 will ensure that we have afforded local franchising authorities a • • sufficient period in which to seek Commission certification to regulate basic cable service rates, and in which cable • - subscribers may exercise .their rights to invoke commission oversight of cable programming services. Accordingly, we will reconsider, on our ovinl motion," the decision in the Deferral Order that the freeze should expirc .Novcmber 15, 1993, and extend • the expiration date of; the freeze until February 15, 1994 .x2 6. At the same time, we recognize• that by this Order the freeze will'have been in place for over ten months. 'We emphasize that we will entertain petitions for relief where the operator . can show that the freeze is causing severe economic hardship or threatens the. viability: of -ontinued provision of cable service." ' ests ' fr 16 The Commission has received aver 10,500 requ consumers for the cable programming service rate complaint form.om 11 As we have previously explained, in light of ,the various- petitions for reconsideration and other-pleadings-pending-before•us--•° in this docket, we retain jurisdiction on our motion over decisions we have made previously. I= atatL, FCC 93-372, at n.l. ' • 12 When the basicitier becomes -subject to regulation, a cable • operator may generally raise rates only after. approval by local franchising authorities. Where local governments already have initiated rate regulation of the basic service tier, we are not concerned that rates for the tier could rise to unreasonable levels' after November 15, 1991. Accordingly, after the effective date of this =Am the freeze will not apply to a basic service tier that has become subject to regulation by a local franchising authority or the Commission. . In!, the Rate. Freeze Oraier, we determined that it was necessary to .freeze rates for the cable programming service tier in order to prevent cable operators from evading the.freeze of the basic tier by moving,programming from the 'basic to the cable .programming service tier. lee sate rree'zeOrder, S 'FCC Red at 2922 41-.10. In situations where the basic tier is .already subject to regulation, it is not;,necessary to continue the freeze. in effect , - for the cable programming service tier in order to prevent an evasion of rate regulation of the basic tier. Accordingly, where the basic tier has become subject to regulation, the freeze will expire on that date for both tiers. In. such situations, we note • that subscribers and local franchising authorities may file ' complaints to make the cable programming service 'tier subject to regulatiott.and establish refund liability for cable .programming' 'service 'rates as of the date of the complaint. Where only the, cable programming service tier is subject to regulation, we do not believe 'that the cable operator's capacity to evade the freeze of the basic tier by shifting programming to the higher tier is significantly diminished. Accordingly, where only the cable programming service tier is subject to regulation, the freeze will continue in effect for both tiers: NOV-12-93 FRI 00:54 P. 05/08 • • • • 7. ' As indicated, our comprehensive regulatory framework governing..cable service rates, became effective September 1, 1993 . Under that' framework, operators are currently scheduled to respond on November 15, 1993 to initial 'notices=of -regulation ,of . 'the basic' service' tier that occurred prior to October 15, 1993,. . and to complaints'`filed with-the Commission prior to October-15, 1993 concerning. rates for cable programming services tiers.". This schedule will permit local authorities and the Commission to bring to consumers the benefits of rate regulation. In particular. local authorities and the, Commission •can begin, reviewing promptly nn November 15, 1993 FCC Forms 393 where operators have elected to use the benchmark approach for setting initial races." Moreover, in the sate Order, 'we established that cost-of-service showings would be reviewed on .a case-by-case basis under established standards of cost-of-service regulation traditionally applied to public utilities." Thus, under the current schedule. and regulatory framework, local authorities and the Commission can begin reviewing as early as November 15, 1993 ,cost-of-service showings and assess in individual cases the costs . that may be- recovered in rates for regulated cable services. These local and federal regulatory actions will enable. operators and consumers to receive assurance in the 'near future that rates are in compliance with our requirements where rates are within 00, dZ ,�.. Were FCC 93-372, at para. 10. Is Under our comprehensive regulatory framework, a benchmark and price cap approach serves, as the primary method of setting rates for regulated cable services. Rate Order, 8 FCC Rcd at 5755- 56. We are currently reviewing on reconsideration whether further changes to the benchmark scheme are warranted. As we stated in our first reconsideration order, we will . provide. for appropriate transition mechanisms should any changes be adopted. fte. First gates Recgnsideration, FCC 93-428, at n.7.. , • " Rate Order, 8 FCC Rcd at, 5755. See also In the Matter of Implementation. of Sections. of the Cable Television ' Consumer . Protection and Competition Act of 1992, Rate Regulation, N9tiQe of Prg se —itylainaking, FCC 93-353, 58 FR 40762, 40763 (July . 30, 1993) (".Ccst-of-Servic. otic_ •) Although we.are in. the process of developing .and- adopting uniform cost-of-service standards, See, • Cost-og-Service Notic, FCC 93-353, such standards are not an essential:. part ' of -our rate -regulation : scheme Application of traditional cost-of-service principles on a case-by-case basis will' give cable'operators ample opportunity to justify their rates. •based on coats and ensure that 'their constitutional rights- are not violated. In this regard, we note -that the U.S. Court: of Appeals far the D.C 'Circuit" rejected a' request :by several- operatc,rs:: ,that our rate rules , be' stayed .until we adopted final cost-of-service rules. Iatermedia 'Partnersv,FCC, NO. 93-1491 -(D.C.. Cir. August 31, 1993). - • , 4,0 CITY OF RENTON November 15, 1993 . , • Mr. Gary Hokenson S TCI Cablevision of Washington, Inc. 15241,Pacific Hwy. So. S Seattle, WA 98188 Dear Gary: At the November 8, 1993 meeting the Renton City Council adopted Ordinance#4425, incorporating FCC regulations regarding rate regulations. The ordinance becomes effective on November 17, 1993, at which time Renton will be authorized to regulate basic cable rates and services. A copy of the ordinance is enclosed for your files. My understanding is that you will now submit to the City for its approval FCC Form 393 which describes your current rates for basic cable services and equipment. Please let me know if you have any questions about this matter. Sincerely, CITY OF RENTON Phil Je Informa on Systems Director cc: Victoria Runkle, Finance &Information Systems Director Jay Covington, Mayor's Executive Assistant Marilyn Peterson, City Clerk Lon Hurd, 3-H Communications • Information Systems Divisions 200,Mill Ave. S.• Renton,Washington 98055• Phone (206) 235-2619 • AFFIDAVIT OF PUBLICATION Karen Tucker , being -first duly sworn on oath states that he/she is the Legal Clerk of the VALLEY DAILY NEWS 600 S. Washington Kent, WA. 98032 a daily newspaper published six (6) times week. Said newspaper is a legal \ CITY OF RENTON, WASIIIINGTON . newspaper of general circulation and is now and has been for more than six ORDINANCE THE425 months prior to the date ofpublication referred to, printed andpublished in the AN RENTON,ORDINANCE-OFIG THE CITY OF 11 WASHINGTON, AMEND- English language continually as'a daily newspaper in Kent, King County, Wash- ING SECTIONS 5-17-7 AND 5-17-17 ington. The Valley Daily News has been approved as a legal newspaper by order OF TITLE V (FINANCE AND BUSI- NESSof the Superior Court of the State of Washington for King County. NC REGULATIONS),4260 ENTITLEDOORDI- of NANCE NO. "CODE The notice in the exact-form-attached,-was-published-in-the-Valley-Daily-News OF GENERAL ORDINANCES OF - - - _ - __ _ _ (and not in supplement form) which was regularly distributed to the subscribers THE CITY OF RENTON, WASHING- during the below stated period. The annexed notice, a TON" BY INCORPORATING FEDER- AL REGULATIONS CONCERNING Ordinance No . 4425 THE ADMINISTRATION OF CABLE . SYSTEMS IN THE CITY CODE BY REFERENCE AND PROVIDING A - METHOD OF RECEIVING THE VIEW -. ! OF INTERESTED PARTIES IN ANY RATE REGULATION PROCEEDING was published on 1 1 —12-93 BY THE CITY__.—-. '• • SECTION, f- "Sections 5='�7-7, Rules and The full amount of the fee charged for said foregoing publication is the sum of r�ROf Tit the ceCity,an Bus nes Rates. g g g I of Tif e V (Finance and Business Regula- tions), of Ordinance No. 4260 entitled $ 9 9 . 50 • '; "Code of General Ordinances of the City of Renton, Washington" are hereby amended 11\(),A p �nr to read as follow: • . 1.^-i � 5-17-7: RULES AND REGULATIONS BY ' • Legal Clerk, Valley Daily News ' THE CITY: (a) In addition to the inherent powers of : the City to regulate and control any fran- , chise it issues,the authority granted to it by Subscribed and sworn before me this 1 5th day of November 19 93 ' the Act, and those powers expressly reserved by the City, or agreed to and pro- vided for in a franchise,the right and power • c...4,7_,a, ‘,.r j --, j is hereby reserved by the City to,promul- 1' gate such additional regulations as it may find necessary, in the exercise of its lawful Notary• Public or the State of Washington , Pow)T. 9 (b)The City Council reserves the right to it residing at Auburn i. delegate its authority for franchise adminis- King County, Washington tration to a designated agent. (c) The City of Renton does hereby , adopt,by reference.-as part of its system of yt regulations for administenig theibasic cable VDN#1164 Revised 7/92 N_�M,�r ih „ �-;,l4;,, tie...*..._neJ • CITY OF RENTON, WASHINGTON • ORDINANCE NO. 4425 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS '5-17-7 AND , 5-17-17 OF TITLE V (FINANCE AND BUSINESS REGULATIONS);, OF ORDINANCE' NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, . WASHINGTON"• BY INCORPORATING FEDERAL REGULATIONS CONCERNING THE ADMINISTRATION OF CABLE SYSTEMS IN THE CITY CODE , BY REFERENCE AND PROVIDING A METHOD OF RECEIVING THE VIEW OF INTERESTED PARTIES IN ANY RATE• . • REGULATION PROCEEDING 'BY THE CITY. SECTION I . Sections 5-17-7, Rules' and Regulations by the " City, and 5-17-17, Rates, of Title V (Finance and Business 1 Regulations) , of Ordinance No, 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows : 5-17-7 : RULES AND REGULATIONS BY. THE CITY: (a) In addition to the inherent powers of the City to regulate and control any franchise it issues, the authority granted to it by the Act, and those powers expressly reserved by the City, or agreed to and provided for in a franchise, the right and power is hereby reserved by the City to promulgate such additional regulations as it may ; find necessary in the exercise of its lawful powers . (b) The ,City Council reserves the right to delegate its authority for franchise administration' to a designated agent. • (c) The' City of Renton does hereby adopt, by• reference, as part of its system of .regulations for administering the basic cable service, those regulations in Chapter 42 USC Section 543 (b) , one copy. of which is on file with the City Clerk ' s office and available for public inspection. • 1 ')RDINANCE NO. 4425 5-17-17 : RATES: • Within sixty ( 60 ) days after the grant of any franchise hereunder, a franchisee shall file with the City a complete schedule of all rates to be charged to all subscribers . Prior to implementationHof any change in' rates or charges for any service or equipment provided by a franchisee, the franchisee shall provide the City and all subscribers a minimum of thirty (30 ) days prior written notice of such change. Subject to Federal, State and local law, the City may regulate 1 the approval of increaseslof rates or charges for providing cable service and prescribe reasonable rate approval procedures . As part of any City proceedings concerning rate regulation, the City of Renton will accept comments from any interested party, in writing, and the City Council will schedule a public hearing on such • rate regulation before the City Council or a subcommittee of the City Council, or may delegate the responsibility of conducting that public hearing to the Hearing Examiner or to a designated hearing agent. SECTION II . This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this 8th day of November ,1993 . • ,))") ie ;r1, • Marilyn l iretersen, City Clerk APPROVED BY THE MAYOR; this 8th .day of November , 1993 . Cr`t VAJ Earl Clymer, t� or 2 ORDINANCE NO. 4425 Approve as to form: L rence J. WAren, City Attorney Date of Publication: November 12, 1993 ORD. 334 : 9/14/93 :as . 3 November 8, 1993 Renton City Council Minut Page 484 Ordinance #4423 Ordinance amending the Interim Zoning Map and changing the zoning Rezone: Dalpay, classification of 3.2 acres within the City of Renton, located at approximately Comprehensive Plan 3955 NE Sunset Boulevard, from Mixed Residential (MR) to Neighborhood Errata (#E-21) Commercial (CN) (James Dalpay, #E-21). MOVED BY EDWARDS, SECONDED BY TANNER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4424 Ordinance amending the Interim Zoning Map andchanging the zoning Rezone: Bryant classification of lots 9 and 10 off of N. 2nd on the west side of Meadow Ave. Motors/Bitney N., and lots 1, 2, 8 and 9 bounded by Meadow on the west, N. 2nd on the north and Factory on the east from Arterial Commercial (CA) to Mixed Residential (MR) (Bryant Motors/Dean Bitney). MOVED BY STREDICKE,_ SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES: MOTION CARRIED. Ordinance #4425 ' Ordinance amending Sections 5-17-7 and 5-17-17 of Title V (Finance and Franchise: Adoption of Business Regulations),, of Citu Code by incorporating Federal regulations FCC Cable Regulations concerning the administration of cable systems in the City Code by reference U-101t., and providing a method of receiving the view of interested parties in any rate regulation proceeding by the City. MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4426 Ordinance relating to municipal finance and utility services; amending Chapter Finance: Utility Tax on all 11, Title V (Taxation) of City Code to clarify the application of the city's Solid Waste Facilities utility tax on solid waste handling within the City; amending Chapter 1 (Garbage), Title VIII (Health & Sanitation) of Ordinance No. 4260, entitled "Code of General Ordinances of the City of Renton, Washington" to add a new section designating the King County Disposal System forall solid waste generated or collected within the City; and amending existing sections to add a definition of solid waste handling and to clarify the application of defined terms. MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADOPT•THE ORDINANCE AS PRESENTED: ROLL CALL: ALL AYES. • MOTION CARRIED. NEW BUSINESS Councilman Stredicke reiterated his prior request for information on possible Planning: Bryant Motors parking violations occurring at Bryant Motors. He was particularly concerned Parking with the possibility that if the owner is not cited, the use could convert into a nonconforming but permitted use even if it is illegal. MOVED BY STREDICKE, SECONDED BY TANNER, COUNCIL REFER THE MATTER OF AN 'UNIMPROVED PARKING LOT AT BRYANT MOTORS TO THE ADMINISTRATION FOR A RESPONSE, INCLUDING COMMENTS FROM THE CITY'S CODE ENFORCEMENT OFFICERS, PLANNING STAFF, AND/OR THE CITY ATTORNEY, AS APPROPRIATE. CARRIED. Personnel: Strike by Local Responding to the announcement made earlier that the City's non-uniformed 21-R workers, represented by Local 21-R, will go on strike at 6:00 a.m. November 9th, Councilman Stredicke strenuously objected to such an action and exhorted the Administration to respond strongly and decisively. Mayor Clymer replied that the Administration has not yet decided what the response to a strike will be. Adding it is extremely unfortunate thatworkers are being asked to strike, he said that, given the current economic conditions and the fact that the City is already being forced to cut its budget in response to lower revenues, it is impossible for the City to meet the Union's demand for wage increases. November 1, 1993 Renton City Council Minutes Page 488 - • MOVED BY STREDICKE, SECONDED BY TANNER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/08/93. CARRIED. Franchise: Adoption of Ordinance amending Sections 5-17-7 and 5-17-17 of Title V (Finance and FCC Cable Regulations Business Regulations), of Ordinance No. 4260,, entitled "Code of General Ordinances of the City of Renton, Washington" by incorporating Federal regulations concerning the administration of cable systems in the City Code by reference and providing a method of receiving the view of.interested parties in any rate regulation proceeding by the City. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL REFER THE ORDINANCE FO:. SECOND AND FINAL READING ON 11/08/93. CARRIED. Finance: Utility Tax on all Ordinance relating to municipal finance andutility services; amending Chapter Solid Waste Facilities 11, Title V (Taxation) of Ordinance No. 4260, entitled "Code of General Ordinances of the City of Renton, Washington," to clarify the application o6 the city's,utility tax on solid waste handling within the City; amending Chapter 1 (Garbage), Title VIII (Health & Sanitation) of Ordinance No. 4260, entitled "Code of General Ordinances of the City of Renton, Washington" to add a new section designating the King County Disposal System for all solid waste generated or collected within the City; and amending existing sections to add a definition of solid waste handling and to clarify the application of defined terms. MOVED BY MATHEWS, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/08/93.* • Responding to Councilman Stredicke, City Attorney Warren stated that the City cannot impose a utility tax on the King County Solid Waste Transfer Station located within the Renton City limits; however, it can assess this tax on private solid waste facilities. *CARRIED. Resolution #3009 A resolution was read approving the final plat of Stratford Place, a 14-lot Plat: Final, Stratford subdivision located at NE 16th and Dayton Ave NE (Cam West Development, Place, NE 16th/Dayton, File No. FP-93-067): FP-93-067 MOVED BY SCHLITZER, SECONDED BY MATHEWS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED.* In response to Councilman Stredicke, City Attorney Warren explained that the Hearing Examiner has recommended the developer be required to construct an aesthetically-pleasing fence along Lots 12 through 14 for screening from, and to prevent inadvertent access to, the site's storm drainage complex. *CARRIED. Resolution #3010 A resolution was read authorizing the Mayor and city clerk to execute the CAG: 93-114, Allocation Transportation Improvement Board's project agreement for design proposal for of Transportation the SR-900 HOV and northbound Houser Way Interchange/SR-169 to Houser Improvement Funds, SR- Way North project. (Approved 10/25/93.) 900/Houser Way/SR-167 Design MOVED BY TANNER, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. November 1. 1993 Renton City Council Minutes Pane 485 INFORMATION ITEM Finance and Information Services Department submitted a report responding Finance: Analysis of to last year's Council request that staff examine the feasibility of adding a Adding Permanent permanent purchasing officer. The report concludes that it would not be Purchasing Officer feasible to add a new position in the 1994 Budget; however, staff will examine the opportunities for implementation of an overall City purchasing strategy in the 1995-1996 Budget. CORRESPONDENCE Correspondence was read from Frank Tibbils and Grace M. Maresh, 1408 Citizen Comment Blaine Ave. NE, Renton, 98056, requesting a 15-20 mile per hour speed limit Tibbils/Maresh - Speeding on Blaine Ave NE. on Blaine Ave NE Citizen Comment: Correspondence was read from Sharon and Alan Miller, 1311 Jefferson Ave Miller/Russo - Noise NE, Renton, 98056, and from Mr. and Mrs. Paul A. Russo, 1217 Jefferson Complaints re: Tony Go's Ave NE, Renton, 98056, complaining of excessive noise emanating from Tony Go's restaurant/lounge on NE 12th and Kirkland Avenue NE. Citizen Comment Pinz - Correspondence was read from Raymond H. Pinz, 2000 Dayton Ave NE, Sewer Line Assessment Renton, 98056, objecting to an assessment placed on his property by the City in connection with a sewer line installed along 20th Street NE in 1982. • MOVED BY TANNER, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER ALL CORRESPONDENCE TO THE ADMINISTRATION. CARRIED. OLD BUSINESS Noting this issue will be discussed at the next meeting of the Planning and Comprehensive Plan: Development Committee, Councilman Stredicke reiterated his request for an General, Setbacks between official staff position on his recommendations regarding setbacks between Commercial and commercial and residential zones. Residential Zones Planning: Bryant Motors Councilman Stredicke reiterated his request, originally made September 27, for Parking information on possible parking violations occurring at Bryant Motors. He specifically wanted to know whether the use complies with City requirements for proper drainage, paving and access. Community Services Referred 10/26/93 - Community Services Committee Chair Keolker-Wheeler el r Committee presented a report recommending concurrence in the staff recommendation to Franchise: Adoption of enact an ordinance adopting Federal Communications Commission regulations FCC Cable Regulations regarding cable franchises. The ordinance is the enabling legislation that will provide the City of Renton with Federal certification as the rate regulation authority for basic cable rates in Renton. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 488 for ordinance.) CAG: 93-001, Houser Referred 10/18/93 - Community Services Committee Chair Keolker-Wheeler Terrace Fencing project presented a report recommending approval of the low bid for the Houser CAG: 93-002, Houser Terrace Expanded Parking project, submitted by GMT, Inc. in the amount of Terrace Expanded Parking $11,232.00. project The Committee also recommended approval of the low bid for the Houser Terrace Fencing project, submitted by Anchor Fence in the amount of $6,166.30. COMMUNITY SERVICES COMMITTEE ' COMMITTEE REPORT . NOVEMBER 1, 1993 . . ` • ORDINANCE ADOPTING FEDERAL COMMUNICATIONS COMMISSION ' - REGULATIONS REGARDING CABLE FRANCHISES (Referred 10/26/93) The Community Services Committee recommends concurrence in the staff recommendation to enact an ordinance adopting Federal Communications Commission regulations regarding, cable franchises. This ordinance is the enabling legislation that will provide the City of Renton with Federal certification as the rate regulation authority for basic cable rates in Renton. • The'Committee further recommends that the ordinance regarding this matter be presented for first reading. • ed".(jerij . 60 kf2fiji----- • •- K thy Ke er-Wheeler, Chair Toni Nelson, Vice-Chair , • •"Timothy J. S : 'er, Member , / ` cc: Phil Jewett ' 'r°/. FRANCHISING • }- u EFRANCHISING • CC,.. MUNITY NEEDS ASSESSMENTS • ORDINANCE PREPARATION • NEGOTIATION • EVALUATION • FRANCHISE ADMINISTRATION • ACCESS 111111 1111CtibleiCaiiiiiiiiiiatioh§leaikatitit§111111:11111 November 1, 1993 C,i'i Y OF RENTON Mona Bates Customer Service NOV 0 2 1993 TCI CABLEVISION OF WA rict;t,vLL 15241 Pacific Highway South CITY CLERK'S OFFICE Seattle, WA 98188 Dear Mona: We have received a few complaints recently regarding TCI's wording on bills concerning late payment and disconnection notifications on the latest bill. We feel that due to TCI's recent billing schedule problems, this wording is excessive and unwarranted. • Please get back to us with your response as soon as possible. Sincerely, • 3-H • :LE foM i ICATIONS CONSULTANTS 1i,7 �. ' Lon A. Hurd Vice President/Director LAH/ss cc: City Council, City of Renton • 502 East Main Street, Auburn,Washington 98002 • (206)833-8380 - 1-800-222-9697 • FAX: (206)833-8430 October 25. 1993 Renton City Council Minutes Page 474 Action: Council schedule a public hearing on November 15, 1993, to consider a rezone of the Multifamily - Infill (MF-I) portion of the site to Trailer (T). Council also to review the Comprehensive Plan Amendment to change the site's land use designation, jointly with all other proposed Comprehensive Plan Amendments prior to adoption of the Comprehensive Plan in July 1994. B. Other Committee Decisions: Comprehensive Plan: 2. E-34 Maxon: Request for Class A Nonconforming use status for a Errata, Maxon #E-34 commercial and residential building in the Convenience Commercial (CC) zone located at 3212 Lake Washington Boulevard (Kennydale Snappy Mart). Planning and Development Committee Review: The Committee recommended the applicant's request be granted. Comprehensive Plan: 3. E-35 Staley: Request for Class A Nonconforming use status for four Errata, Staley #E-35 single family buildings in the. Commercial Arterial zone (CA) located at 108, 114, 118 and 122 Southwest Grady Way. • Planning and Development Committee Review: The Committee recommended the applicant's request be granted. Comprehensive Plan: 4. E-36 Edman: Request for Class A Nonconforming use status for a single Errata, Edman #E-36 family building at 220 South Tobin Street in the Commercial Arterial (CA) zone. Planning and Development Committee Review: The Committee recommended the applicant's request be granted. MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND RESOLUTIONS The following ordinance was presented for second reading,and adoption: Ordinance #4422 Ordinance #4422 was read, repealing Section 4-20-9.E.4 of Chapter 20, Sign Legal: Political Signs on Code of Title IV, Building Regulations, relating to the location of political Public Right-of-Way signs on the public right-of-way. MOVED BY KEOLKER-WHEELER, SECONDED BY MATHEWS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: SIX AYES: EDWARDS, SCHLITZER,, MATHEWS, NELSON, TANNER, KEOLKER-WHEELER; ONE NAY: STREDICKE. MOTION CARRIED. Resolution #3008 A resolution was read endorsing the efforts of the National League of Cities Executive: Unfunded to inform citizens and Congress about the impact of federal mandates on local Federal Mandates governments. MOVED BY MATHEWS, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. NEW BUSINESS Councilwoman Keolker-Wheeler asked staff. to refer TCI billing notices to the Franchise: TCI Cablevision City's cable consultant for follow-up. She complained that TCI is threatening Billing Procedure customers'with disconnection for non-payment less than a week after late bills were mailed. We're taking television into tomorrow. 40):/fryi SMI TCI Cablevision of Washington, Inc. October 26, 1993 • Phil Jewett Information System Director City of Renton 200 Mill Avenue S. Renton, WA 98055 Dear Phil: Enclosed please find the Certificate of Insurance as required by our recently renewed cable franchise. Please call me if there are any questions or problems regarding this document. Sincerely Gary A. Hokenson General Manager • South Seattle Office 15241 Pacific Hwy S. Seattle,WA 98188 (206)433-3434 FAX(206)433-5103 An Equal Opportunity Employer DATE(MM/DD/YY) A4,01111. _OFISUI AnE , • PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF�FN ORi`IAYION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DESPOT NELSON & COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURANCE BROKERS, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 6312 S. FIDDLERS GREEN CIR #435N COMPANIES AFFORDING COVERAGE ENGLEWOOD, CO 80111 COMPANY AGRICULTURAL INSURANCE COMPANY INSURED COMPANY TCI OF SEATTLE, INC. B COMPANY 5619 DTC PARKWAY C ENGLEWOOD, CO 80111 COMPANY D EES a _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE 1, 000, 000 A X COMMERCIAL GENERAL LIABILITY UMB 7946965 01-01-93 01-01-94 PRODUCTS-COMP/OPAGG 1, 000, 000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY 1, 000,000 OWNER'S&CONT PROT EACH OCCURRENCE 1,000, 000 FIRE DAMAGE(Any one fire) $ MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE — — OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS. RENTON, WA r'KANCHISE AGREEMENT CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON THE GENERAL LIAB. POLICY ABOVE, IF REQUIRED BY WRITTEN CONTRACT. RE: ORDINANCE #4413 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF RENTON 9P81ATION DATE THEREOF, THE ISSUING.COMPANY WILL ENDEAVOR TO MAIL 200 MILL AVENUE SOUTH _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RENTON, WA 98055 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ' OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: CITY CLERK AU ORIZED RE SE TATIVE ACORD 25 S(3/93) 'IG E O V.P. ©ACORD CORPORATION 1993 October 18, 1993 Renton City Council Minutes Page 460 CAG: 93-102, Houser City Clerk reported bid opening on 10/08/93 for the Houser Terrace Terrace Expanded Parking Expanded Parking Project (CAG-93-102); 5 bids; engineer's estimate $15,400. Refer to Community Services Committee. CAG: 93-101, Houser City Clerk reported bid opening on 10/08/93 for the Houser Terrace Fencing Terrace Fencing Project (CAG-93-101); 6 bids; engineer's estimate $8,000. Refer to Community Services Committee. Franchise: Federal Finance and Information Services Division requested approval of an ordinance Administration and. Rate amending the City Code to incorporate Federal regulations regarding the Regulations for Cable administration and rate regulation of cable franchises. Refer to Community Franchises Services Committee. Plat: Preliminary, Honey Hearing Examiner submitted Preliminary Nat for Honey Creek Ridge: Creek Ridge, R-033-90 Lakeridge Development, Inc.; site located between SE 96th P1 on north, SE 104th St on south, Honey Creek on west and 126th Ave SE on east;, 99 lots; File R-033-90, PP; and requested approval with conditions (rezone request withdrawn). Council concur. Transportation: TIB grant Transportation Division requested that the Mayor and city clerk be authorized for design of SR-900 toexecute an agreement with the Transportation Improvement Board (TIB) to HOV/Houser Way receive a $302,300 grant to assist in the design of the SR-900 HOV and Interchange Northbound Houser Way Interchange project. Refer to Transportation Committee. CAG: 93-060,, Gary Wastewater Utility submitted the Honey Creek Sewer Line Access Road Merlino Construction, Interim Repair Project (CAG-93-060) and requested approval of the project, Honey Creek Sewer Line authorization for final pay estimate in the amount of $40,883.71, Access Road Interim commencement of 30-day lien period,, and release of retained amount of Repair $8,647.67 to Gary Merlino Construction 'Co., contractor, if all required releases are received. Council concur. MOVED BY EDWARDS, SECONDED BY'STREDICKE, COUNCIL APPROVE THE CONSENT AGENDA AS 'PRESENTED. CARRIED. INFORMATION ITEM Surface Water Utility announced three public meetings to solicit input on the Utility: Wetland Mitigation Wetland Mitigation Bank Plan, to be held 10/20/93 at the Senior Center, Bank Plan Public Meetings 10/21/93 at the.Community Center, and 11/17/93 at the Senior Center. OLD BUSINESS Council President Edwards presented a Committee of the Whole report Committee of the Whole recommending that the current audience comment format inplace be Policy: Audience continued until further notice. The format provides for an initial comment Comment Format, Council period in which speakers must sign up prior to the meeting and limit their Meetings ' comments to five minutes. The entire comment period will be limited to one half-hour. A second audience comment period is allowed at the end of the business portion of the meeting and there are no time limitations. Audience membersare allowed to speak during the public meeting or public hearing portion of the agenda, provided they have signed up to speak prior to the Council meeting. MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CITY OF RENTON COUNCIL AGENDA DILL AI#: 'y. e . SUBMITTING DEPT: I FOR AGENDA OF: October 18, 1993 Finance and Information Services � Staff Contact is Phil.Jewett AGENDA STATUS: Consent • XX_ SUBJECT: Public Hearing Ordinance amends City code to adopt Federal Regulations Correspondence regarding the administration and rate regulation Ordinance of cable franchises Resolution Old Business EXHIBITS: j New Business Draft ordinance Executive Session RECOMMENDED ACTION: • I APPROVALS: Refer to Community Services Committee four a recommendation I Legal Dept to adopt ordinance. . I Finance XX I Other FISCAL IMPACT: Expenditure Required... Transfer/Amendment.. Amount Budgeted Revenue Generated.... I ' SUMMARY OF ACTION: This ordinance is the enabling code that will automatically provide Federal certification to the City as the cable rate regulation authority for cable franchises in Renton. Henceforth, the City will become the enforcement I authority for both its own franchise requirements, plus the Federal Communications Commission's regulations regarding basic cable rates and increases, technical standards, and customer service standards. The FCC will continue to regulate non-basic rates and services. This ordinance will cause some additional administrative work in the evaluation of rate increase proposals and in the holding of public hearings, but no fiscal impact is expected. . CITY ',OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 5-17-7 AND : 5-17-17 OF TITLE V (FINANCE AND BUSINESS REGULATIONS , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES -OF THE CITY OF RENTON, WASHINGTON" BY INCORPORATING FEDERAL REGULATIONS CONCERNING THE ADMINISTRATION OF CABLE SYSTEMS IN THE CITY CODE BY REFERENCE AND PROVIDING A METHOD OF RECEIVING THE VIEW AF INTERESTED PARTIES IN ANY RATE REGULATION . PROCEEDING BY THE CITY. SECTION I . 'Sectio;ns 5-17-7 , Rules and Regulations by the City, and 5-17-17 , Rates, of Title V (Finance and Business Regulations ) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to ' read as follows : 5-17-7 : RULES AND REGULATIONS BY THE CITY: (a) In addition to the inherent powers of the City to regulate and control any franchise it issues, the authority granted to it by the Act, and those powers expressly reserved by the City, or agreed to and provided 'for in a franchise, the right and power is hereby reserved by the City to promulgate such additional regulations as it may; find necessary in the exercise of its lawful powers. (b) The City Council reserves the right to delegate its authority for ' franchise administration to a designated agent. (c) The City of Renton does hereby adopt, by reference, as part of its system of regulations for administering the 'basic cable service, those regulations in Chapter 42 USC Section 543 (b) , one copy of which is on ' file with the City Clerk ' s office and available fox public inspection. ORDINANCE NO. 5-17-17 : RATES: • Within sixty ( 60 ) days after the grant of any franchise hereunder, a franchisee shall file with the City a complete schedule of all rates to be charged to all subscribers . Prior to implementation of any change in rates or charges for any service or equipment provided by a franchisee, the franchisee shall provide the City and all subscribers a minimum of thirty ( 30) days prior written notice of such change . Subject to Federal, State and local law, the City may regulate the approval of increases of rates or charges for providing cable service and prescribe reasonable rate approval procedures . As part of any City proceedings concerning rate regulation, the City of Renton will accept comments from any interested party, in writing, and the City Council will schedule a public hearing on such rate regulation before the City Council or a subcommittee of the City Council, or may delegate the responsibility of conducting that public hearing to the Hearing Examiner or to a designated hearing agent. SECTION II . This ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this day of , 1993 . Marilyn J. Petersen, City Clerk APPROVED BY THE MAYOR this day of ' , 1993 . Earl Clymer, Mayor 2 • ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 334 : 9/14/93 :as . ' s 3 • t-r. CITY OF RENTON COUNCIL AGENDA BILL AI #: 0 , SUBMITTING DATA: FOR AGENDA OF: 10/4/93 Dept/Div/Board.. Executive/City Clerk Staff Contact.. Marilyn Petersen ; AGENDA STATUS: Consent SUBJECT: TCI Cablevision of Washington, Inc. Public Hearing.. Acceptance of 15-year cable television Correspondence.. franchise Ordinance Resolution Old Business.... EXHIBITS: Letter and acceptance from TCI New Business.... Study Session... Information XX Other RECOMMENDED ACTION: APPROVALS: Information. Legal Dept • Finance Dept.... Other FISCAL IMPACT: N/A Expenditure Required... Transfer/Amendment.. Amount Budgeted Revenue Generated... SUMMARY OF ACTION: Ordinance No. 4412, adopted by Council on August 9, 1993, approved a 15-year cable television franchise with TCI Cablevision to expire on September 13, 2008. Section 20 of the ordinance requires written, notarized acceptance of the franchise agreement by a corporate officer of TCI Cablevision within 60 days after the effective date of the franchise which was September 13, 1993. • We're taking television - into tomorrow. 11111 TCI Cablevision of Washington, Inc. CITY OF RENTON SEP 2 8 1993 hLAA;vEu September 21, 1993 CITY CLERKS OFFICE Ms. Marilyn Peterson City Clerk City of Renton 200 Mill Avenue S. Renton, WA 98055 Dear Ms. Peterson: Enclosed please find onl behalf Of TCI Seattle, Inc. our acceptance of a new 15 year cable television franchise per Ordinance 4.412 . Also enclosed is a general liability insurance policy as required per ordinance No. 4413 .1 Sincerely," 421-- Gary A. Hokenson General Manager 9/ /p3 /A,6. — 7/74-e • ey /4n - -�� e5, Cell Czve, �Y%fes G,-e Z1 c4 Q c:e � South Seattle Office 15241 Pacific Hwy S. Seattle,WA 98188 (206)433-3434 FAX(206)433-5103 An Equal Opportunity Employer We're taking television • into tomorrow. TCI WEST, INC. , ACCEPTANCE OF FRANCHISE CITY OF: rENroN September 17, 1993 tJ 1993 City of Renton 200 Mill Avenue South 1;11-Y CLERK'S OFFICE Renton, WA 98055 Attn: City Clerk To the City of Renton: This Acceptance is provided pursuant to Section 20 of Ordinance No. 4412, which granted to TCI of Seattle, Inc.i a franchise to operate a cable communication system within the City of Renton. This Ordinance was approved by the Mayor of Renton on August 9, 1993 and published'' August 16, '1993. TCI of Seattle, Inc. unconditionally accepts the Ordinance and will comply with and abide by all its provisions, terms and conditions. By David M. Reynolds Executive VP/COO STATE OF WASHINGTON 1 ) ) SS COUNTY OF KING ) On 9-17 — 9,3 , before me, a Notary Public in and for said State, personally appeared David M. Reynolds,'known to me to be the Executive Vice President/Chief Operating Officer of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the corporation therein named as COMPANY and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Janet L. Turpen, Notary Public In and for the State of Washington Residing at: Bellevue, WA My Commission Expires: May 20, 1996 2233 112th Avenue Northeast Bellevue,WA 98004 (206)462-2620 FAX(206)462-2853 An Equal Opportunity Employer • 1076 S. Franklin St. Olympia, WA 98501 (206)753-4137 AWCASSOCIATION OF WASHINGTON CITIES September 21, 1993 LC 1T,J6 TO: Mayors, City Managers, City Clerks OFIC;F FROM: Stan Finkelstein, Executive Director • RE: Cable television rate regulation Enclosed for your information and use are additional 'information regarding the process for cable television rate regulation, as recently authorized by the Federal Communications Comlli'ssio,n (FCC) . Please use these items in conjunction with the packet of information we mailed on August 17. This packet contains, once again, the FCC form (#328) that franchising authorities need to file with the FCC in order to become certified to regulate local basic cable rates. It also contains a summary of the rate regulation process and a sample ordinance. The Association wishes to acknowledge the generosity of two firms that granted reproduction rights for the enclosed items: Arnold & Porter, 1200 New Hampshire Avenue, NW, Washington, D.C. 20036, (202) 872-3990; and Miller & Holbrooke, 1225 Nineteenth Street, NW, Washington, D.C. 20036; (202) 785-0600. For more information about cable regulation issues, please call Curt Payola, AWC Program Coordinator, at ('206) 753-4137. Also, the National Association. of • Telecommunications Officers and Advisors,, an NLC affiliate organization, is available to help answer' your questions, at 1301 Pennsylvania Avenue, NW, Washington, D.C. 20004; (206) 626-3160 or FAX (202) 626-3043. SSF/CP. enclosures Cooperation for Better Communities • RATE Almost all 'expanded" equipment is also 'basic' equipment, so most equipment rates REGULATION will be regulated by the franchising authority, not the FCC. BASIC QUESTIONS AND ANSWERS FOR How Does Rate Regulation Begin? MUNICIPAL OFFICIALS By Nicholas P. Miller and Joseph Van Eaton Basic Rates. Before rate regulation can begin: 1. The franchising authority must be certified to regulate basic rates. A franchising author- ity becomes certified by filing a simple, one- Why Are Rates An Issue For Me? page FCC certification request form with the FCC. On the form, among other things, the Congress changed the law so that rates for community must pledge to regulate rates cable television service can bei regulated in consistent with FCC rules. Certification will be most communities. The Federal Communica- automatic In most cases;a community's certifi- tions Commission ("FCC") implemented the . cation Is effective 30 days after the form is filed law by adopting regulations that should re- unless the FCC denies certification. In duce average subscriber rates.. However, addition, no later than 120 days after certifica- rates are not reduced automatically. Con- tion is effective, the franchising authority must sumers will not enjoy all.the benefits of regu- adopt rules it will follow when regulating rates lation unless cities take certain FCC-mandated (these rules can be adopted even before the steps. • ' ! certification form Is filed). These rules can be quite simple. Once the rules are adopted, and What Rates Are Regulated? certification 1s effective,the franchising authori- ty notifies the operator. The date that notice is given, basic rate-regulation begins, and the All service and equipment rates;can be regu- operator is-required to make a filing justifying lated, except rates for premium'services and its rates pay-per-view services. Thus, rates can be regulated for basic service,other programming 2. Alternatively, the franchising authority may service packages (often called 'expanded petition the FCC toregulate for it. The fran basic"or"super basic"`tiers'), rernote controls, chising authority must prove that it is incapa- converters, additional outlets and installation. ble of regulating rates. Once the petition is granted,the FCC will assume the community's Who Regulates Rates? rate regulation responsibilities. The petition process Is not simple: a franchising author- The franchising authority — usually the City or Ity may be required to show that, even if it County government — is responsible for regu- devoted all franchise fees to the task, it lating rates for basic service and equipment could not,regulate rates. (basic service is the lowest priced tier offered by the operator; basic equipment is any equip- Expanded tiers. Expanded tier regulation ment used to receive basic service, such as begins when a subscriber or franchising au= remotes, converters, and additional outlets). thority files a complaint at the FCC. The The FCC regulates rates for "expanded' ser- complaint must be filed on a simple FCC form. - vice tiers and expanded tier equipment. If the complaint is properly filed, the operator RATE REGULATION PAGE 1 • • • . . :«::;:.>;:;:.>:.::::<:::<:;<.;:;»:;:>::> ::<:>.>::::•;<;;; :« :::; :>: must:: ...: submit a filing to the FCC justifying its • expanded tier rates. 1 ...... ocal and state taw and the : How will rate regulation work? franchise to>determine...(1.).:if:>hearings:must be_ held or other steps take j before.: o.41:`:act'': :.:;...:......:;:<::.... The FCC adopted a relatively to`:::.:. . . .:... .:::::.:::...: .:..: p simple general (2) o who r::ac d:how any:notice.;>must be> ..,...;>.:. ; >:;::> : �::<>::::<>:. �:::;_;>�: :<:::»::>::::>::>:::<::<:: method for settingrates initial) and ,:...-... ;..: y reviewing >given flan;your.;:actions.accordi n l €»€«' €> g<:X:::: .::.»::.::.;;;:. future : � > : Increases; a process_ -_ p for establishing rates when the general process 9 oces s does not .::::.:.. nsider if th...e.::gove.tning.:body:must:>: work; and a transition mechanism Intended to authorize:filing ofa:oo'mpiaint::orce ficat:ion< prevent operators from harming consumers :form.Obta n -a-cnt;aeetede:.::d� au::.th:::o:. za.;e:.t:;siot<endst Ys:. ; while regulations are being put into place. ( .i.c. ng the operator) a chance to be General rules for existing rates. The FCC ec d 1 ded there should d I be 10%96 ave ra g reduc- • tion in subscriber ribs r bills . it also « decided o era - : .en,for:basic.;sevicere u<:<ato:r »: > > »:.>> tors could only charge P costplus a reasonable 9 f ._„.-..r,:certification,....using C;;;rorrri: profit for equipment.me nt. T of implement ment these 328basic principles, the•FCC is requiringera- o , P ones are available 'from the FCC tors to compare their existing rates to an FCC • ile._the:ce tifi.c:atio:n with;the;:FCC:b hied`:: benchmark per channel rate. Ano gator orH°:<-> registered>:::>:maii;<::<;: retum:>: recei .t �.�.:....:......:::::::::::::::.:....P...:.;.:, Identifies the applicable benchmark by using fisted),.: nd no Biter:>than.;the:` ate`>of` . a table much like a tax table. Each operator's : fang, send.:>the;>ce tIficaton<:fol'tt'i:<:to>:<:th:e benchmark varies depending on the number f o subscribers and channels on a system. Y • l opt rules for cable tate regulation tt 1. If the comparison shows an operator's • may; tie:;:wise to:;adopt;;rules::after::: ivin ' existingper .... ; channel rate is below the FCC int . erested parties (including the operator);.a:; benchmark, there is no reduction in rates. An ct ance to:be`°';heard`'Rules'`can be`'ado ted • ,.:,p;,,;,;;;;.,. operator whose rates are below the bench- bef re.or after::filing.for.... ert`icat:'": .:..,..;..::,:::..:.. ::.::.;..:;;.:.;g :;c..rkrftcattor � <� >'> mark at the time t regulation begins cannot raise rates up to the benchmark, since, ...;:.::Y.:.. according to the FCC, it freely chose to '30 da s after:filin :and ,>; es i..0. .< :::.:o . y -. .:.: . 9) cut s ere:;adopted,, charge the below-benchmark rate while deregulated. About 20% of all systems fall Into this category. ulation:tits reg:: :>.::::;;::.:.;> • orinied expandbasic ;., . , ;.,;: 2..if an operator's rate is at the benchmark, ggintilinniliin .its rates do0 n tc change.9 • FC :i e.:a compiaint ith the FCC, using C Form 329;;:;: pans:>are`'a railable;fto'm 3. If an operator's per -channel s pe -c hannel rate is above .FCC `or ahe`:o;;er>;`>>•>: ,:.,;:::p:.:::ator ;?Tte,;;ecmplaii� ;s the benchmark, it must reduce that rate, but :must: • be sent;to:the operatorby first.,class no more than .10% from its September marl:rto..:later;than:when:<it is. filed at;: he:;: 1992 per-channel rate, adjusted for inflation. FCC. Once the complaint is:filed,,:expatdd. tier r.;:e9 l • n be 9Ins > >< n»< ; > < > >> > :: General eral rules for r future rates. After regulated • .::.:. . :......:;::.;:::::::>.::::::..:::;::::;:::: .;>:;:;<:;::;::::>.::::.> :::.:...::::::>:<>::<::::«:;::>::,.>: rates are initially established, operators will be RATE REGULATION PAGE 2 allowed to Increase rates annually to cover orders preserving refund rights. inflation and quarterly for increases In'external costs" that exceed inflation. 'External costs' The first time rates are set, refunds can be are costs supposedly beyond the operator's orderedfor overcharges back 12 months, or to control, such as programming costs and costs September 1, 1993, whichever is Tess: For associated with satisfying franchise require- example, if a community begins regulating ments. The cost of rebuilding a system is not basic rates for the first time in March, 1994, now an 'external cost,' but the FCC is and issues a final rate order in April, 1994, it conducting a rulemaking to decide if the cost can still order refunds for overcharges back to of franchise-required upgrades should be September 1, .1993. For future basic rate passed through to consumers as an 'external increases, refunds can be ordered back 12 cost.' Comments are due Sept.'30. months, or to the date of the order Issued by the franchising authority allowing a rate to go Exceptions to general rule. In order to protect into effect subject to refund, whichever is less. operators, the FCC authorized }operators to _ initiate "cost of service' proceedings if the fxpanded basic.. The FCC can set the correct operator believes the benchmark results in rate and order appropriate refunds. Refunds unfairly low rates. However, consumers and can be ordered back to the date a complaint local officials cannot initiate cost of service was filed If (a) for existing rates, the complaint proceedings if they believe the benchmark was filed by February 28, 1994; or (b) for results in unfairly high rates. To protect small future expanded tier rate increases, the corn- systems, the FCC stayed the rate rules alto- plaint was filed within 45 days after the in- gether, pending Issuance of further orders. crease showed up on subscriber bills. Transition mechanisms. To allow time to is there any harm In delaying regula- prepare for rate regulation, the FCC adopted tion? a rate freeze which will remain in place until November 15. The freeze prohIbfts operators Yes. First, the benchmark rates increase every from increasing the average subscriber bill. month for inflation. Delaying regulation means Operators can restructure tiers and changean operator can justify higher rates: rates so long as the average subscriber bill remains the same. Second, once the rate freeze ends, operators Operators are repricing during the freeze so can raise rates to any level and charge those that, in some.communtties, most subscribers rates until a new rate is set. If an operator that are seeing rate Increases — $2-$4.00 per is charging a below-benchmark rate raises its month — while a minority sees decreases. rates, the franchising authority cannot use the Operators may be required to lower these FCC's benchmark system to force that opera rates once rate regulation begins. tor to reduce its rates back to the below- benchmark levels. Thus, delaying regulation may increase rates to subscribers in some What if rates are too high? communities. Basic rates. If the operator's rate is above the Third, for expanded basic, refunds go back benchmark, and it can't justify a higher rate only to the date a complaint is filed; for basic based upon its cost of service, a franchising rates, refunds are generally available for only authority can set the correct rate, and order one year. Delay can mean lost refunds. refunds so long as it issues FCC-required -RATE REGULATION PAGE 3 • • However, federal law does not require a corn- Certification forms should be filed with the • • munity to regulate. A city could decide that It FCC between September 1 and October 13; will not regulate for now and begin regulating regulations should be adopted and effective . basic rates later. It could wait for a future no later than November 12; notice that expanded tier rate increase and file a corn- certification is complete and regulations plaint about it. A decision delaying regulation adopted should be given to the operator no can limit subscriber refunds and result in later than November 12. higher rates than would otherwise apply, but does not prevent a city from regulating forever. Is this process the same process I use to Improve customer service? Can delay result in lower rates? No. The FCC separately set customer ser- Yes, but not often. Each quarter an operator . vice standards for office hours, answering tele • - can increase regulated rates to cover phones, complaint response, billing and increases in 'external costs' incurred after the subscriber notices. It is generally up to the date regulation .begins or February 28, 1994, franchising authority to enforce the FCC stan- whichever is earlier, to the extent those dards. Before enforcing the standards, the increases exceed inflation. If a community is franchising authority must give the operator 90 about to impose•significant new obligations days advance notice of its enforcement plans • that would be "external costs' (as might occur by certified letter. This notice is separate from at renewal or if customer service standards any rate notices. Note: a franchising authority that exceed FCC standards are adopted), it can enforce FCC customer service standards, may choose to delay regulation temporarily to 21.0 standards it unilaterally sets by ordinance avoid a rate increase. A city in such a situa- or regulation plus franchise standards. tion should carefully consider if waiting actually benefits subscribers, considering possible losses from delay. • • . My operator sayss it will agree to ' c:.:om:..:. .;, IceT::.C..: ruleso:nratere:gutatton: :: : keep rates lower if I don't regulate. > >< • >: cl'o'es'not:'constitute;Iegal advice`and,.is not; ; • The FCC has stated such agreements are : >astif�S:�tute<f�clegal;;�d�.xce. >:F�C;;iriiles<`; : agrees unenforceable. A community that to ><°»'aFe`�s":t'ectta ala <:e::and"irit�' "retch delayregulation mayend upwith no benefits 9 andhi hnew higher rates. Absent a n ew FCC rulin 9 .: :.. . .. allowingrate contracts to be enforc ed a c city • enters into an agreement at its own risk. .;...:...>::::<;::::..:>:> :....:;;:: er >::<::<:::.,..::«>:.;,«:<: > :>::>::;::Ea>:<::,:: 9 :>:>I!Ticholas;I'Rwiill�r;andJ'oseplVan]ratQn< :;I regulate as soon as ossa- want to P bee. When do I need to act? _ Assuming yourcity can regulate, Expanded anded itR 3. & Wzsi�arcroE'' Basic•.cornp taints can be filed'beginning inner Sep- • • tember 1. To maximize m' e Po tential subscriber- refunds, be r refer s and avoid weekend dates, Basic Regulation showI d be implemented as follows: RATE REGULATION PAGE 4 • • • • September 1', 1993 MEMORANDUM • RE: . Implementation of Rate Regulation • Under the. 1992 Cable Act • FROM: Arnold & Porter This memorandum summarizes the basic. rate regulation process established by Section 623 of the Cable •Television; Consumer Protection and Competition. Act of 1992 .("the 1992 Act") and implementing rules promulgated by the Federal Communications Commission ("FCC" or "Commission") . 1 This memorandum also describes the steps a franchising authority should take to prepare for and implement rate regulationat the local level. I. DESCRIPTION OF THE_ RATE REGULATION PROCESS A. Structure of Rate . Regulation • Under the 1992 Act, a certified franchising authority may regulate rates for the basic tier2 of • 1 The Commission adopted a comprehensive set of rules • governing rate regulation. Report and Order and Further Notice of Proposed Rulemaking, In the Matter .of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992 -- Rate Regulation, MM Docket No. 92-266 (released May 3 , 1993) ("Rate Order") . The FCC's rate rules will be codified • at 47 C.F.R. §§ 76. 900-985 . This memorandum is not • intended as a substitute for the text of the FCC rules. • The rules should: be reviewed in their entirety for a complete understanding of FCC rate regulation requirements. ' 2 Generally,. the 1992 Act defines basic service as the tier which contains all local broadcast signals and public, educational and' governmental ("PEG") channels required by the franchise. The cable operator may choose to ' add additional video programming to basic . • service; however, : the decision to add such programming rests with. the operator. See Section 623 (b) (7) . - 2 - cable service, as well as charges for associated equipment, installation and services, in franchise areas where there is no effective competition. 3 The FCC has published a series . of "benchmark" rates to assist franchising authorities in determining the reasonableness of basic rates.4 The benchmarks are intended to simulate the rates of cable systems in competitive markets and .are derived from a random sample of rates charged by such systems. Generally, if a cable operator's current rate is higher than the benchmark applicable to that system and its rate as of September 30, 1992, was also higher than the applicable benchmark,. the franchising authority may order the operator to. rollback the September 30 rates by 10% or to the benchmark, whichever adjustment yields the higher rate. 5 A cable operator may increase rates initially established by the benchmark analysis subject to price ceilings. Under these price ceilings, benchmark rates may be adjusted by an inflation index (which measures inflation based on increases in the Gross National Product Price Index) . Cable operators may increase benchmark rates above the price ceiling by passing through -to subscribers certain "external costs" to the extent they exceed the inflation rate, such as: programming costs, certain state and local taxes, franchise fees, and costs of satisfying certain 3 A cable system is subject to effective competition if: (a) fewer than 30% of the households subscribe to the system; (b) at least one. unaffiliated competitor to the cable system offers service to at least 50% of the franchise area and more than 15% of the households in the franchise area subscribe to all such unaffiliated competitors; or (c) a municipally-owned system offers service tout least 50% of the franchise .area. See Section 623 (1) (1) . 4 The FCC benchmarks were published in a series of charts as part of the Rate Order. The benchmark applicable to a' particular 'system varies depending on , the system's total channel capacity, total number of subscribers, and total number of channels carrying satellite-delivered programming. 5 On the basis of the rate survey, the FCC concluded that the rates charged by noncompetitive systems were, approximately 10% higher than rates charged by cable systems subject to effective competition. Thus, the FCC adopted a 10% rollback adjustment. • �. J _ 3 - franchise requirements, including the support of public, educational and governmental channels. 6 As part of regulating basic service, a franchising authority is also authorized to regulate the rates for: (a) all equipment and installation used to receive basic service, even if that equipment is also used to receive other regulated and/or unregulated services; and (bj the installation and monthly use of connections for additional receivers. See Section 623 (b) (3j ; 47 C.F.R. § 76.923 (a) . The FCC defines equipment to include (1) converter boxes, (2) remote control units, (3) connections for additional outlets, and (4) cable home wiring. Dd. Rates for equipment and installation must be based on actual cost. A cable operator must unbundle all equipment_ and installation rates from rates for the basic service tier and must establish separate rates for each type of equipment and installation. 47 C.F.R. § 76.923 (b) . A cable operator has a choice of •using the benchmark analysis described above or making a cost-of-service showing to justify rates above the benchmark.7 Only the operator, not the franchising authority, has the option of choosing to, make a, cost-of-service showing. However, a franchising authority can establish the basic service tier rate at the level justified by an operator's cost-of-service showing, even ifl that rate is below the benchmark. The rateslfor cable programming service tiers8 -- tiers otherthan basic service and the premium or pay-per-view channels -- are regulated by the FCC, not franchising authorities: Section 623 (c) . _The FCC will • 6 The rules governing application of the benchmark and price ceilings, 'rollback of rates and external costs are set forth at 47 • C.F.R.. § 76. 922 . 7 On July 20, • 1993 , the FCC issued. a notice of proposed rulemaking and proposed rules concerning cost-of-service showings. Until those rules are final, franchising ,authorities are directed to use general cost-of-service principles tb review cost-of-service showings by cable operators,. The FCC did not specify or describe such general principles. i 8 Cable programm'ing services are essentially tiers of satellite delivered services that are not offered on a pay-per-view or per-channel programming basis. 1 4 - regulate cable programming service rates in response to complaints filed by subscribers, franchising authorities, or other relevant governmental entities. In regulating cable programming service rates, the FCC will use the same benchmark system applicable to basic rates. By using the benchmark system for all regulated services, rate regulation will be "tier neutral, " thus. minimizing any incentive for operators to shift programming to tiers other than basicservice to avoid regulation. To give franchising authorities a period of time in which to become certified, the FCC issued a freeze of rates for regulated services. Under this freeze, subject to certain exceptions, a cable operator may not increase the average monthly subscriber bill for regulated services and equipment that was in effect as of April 5,. 1993 . The freeze was originally scheduled to expire on August 3 , 1993, but it was extended to November. 15, 1993 . B. The Certification Process To regulate basic rates, franchising authorities must follow a two-step process. .See Section 623 (a) (3) - (4) . The first step is to become certified by filing a • certification form with the FCC. 9 Franchising authorities may begin filing certifications on September 1, 1993, 10 although they are not required to 9 The certification must be filed on FCC Form 328 . The form must be filed by registered mail, return receipt requested, or hand-delivered. A copy of the form must be provided to the cable operator on or before filing with the FCC. 47 C.F.R. § 76.910 (a) -(d) . 10 On July 27, 1993 , the Commission released an Order accelerating the effective date of the rules. from October 1 to September 1, 1993. Order, In the Matter of Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992.: - Rate Regulation, MM Docket No. 92-266 (released July 27, 1993) ("Acceleration Order") . The Commission had previously deferred the effective date of the rules from June 21 to October 1, 1993 . • On August 10, 1993 , the Commission issued an Order temporarily. staying rate regulation of small cable systems serving 1, 000 . or fewer subscribers from the [Footnote continued on next page] 1 5 file at that time. 11 The FCC contemplates that obtaining certification will be a, simple process. The FCC requires franchising authorities to provide certain information regarding the cable system(s) to be regulated and to check "Yes" or "No" to the several questions listed on the form. 12 [Footnote continued from previous page] S principal headend. Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, MM Docket No. 92-266 (released August 10, 1993) . The .Commission stated that theIrate regulation stay would remain in.. effectonlyuntil the effective date of the Order the Commission expects to release in response to petitions for reconsideration of the rate regulations that request various relief for small cable systems. 11 Two or more franchising authorities may file joint certifications. I Communities may file jointly regardless of whether theylare served by the same system or whether rates are uniform throughout the franchise areas. Communities filing jointly may share costs and hold joint hearings but are expected to make independent rate decisions. 47 C1F.R. § 76.912 . 12 These questions correspond _to the requirements of Section 623 (a) (3) , which provides: A franchising authority . shall file with the Commission a written . certification that -- S (A) he franchising authority will adopt and administer regulations with respect to the rates subject to regulation under this section that are consistent with the regulations prescribed by the Commission under subsection (b) ; (B) the franchising authority has. the legal authority to adopt,, and the personnel to administer, such regulations; and • (C) procedural laws and regulations ' applicable to rate regulation proceedings by such authority provide a. reasonable opportunity for [Footnote continued on next page] - 6 - The certification becomes effective. 30 days after it 'has been filed with the FCC., , It is contemplated that, for the overwhelming majority of franchising authorities, certification will be automatic. The FCC will not contact individual franchising authorities unless the Commission denies certification. The FCC rules establish procedures by which a cable operator or other interested party may challenge a . franchising authority's certification after it becomes effective. Both the challenger and the franchising authority have the opportunity to file pleadings under these rules. The franchising authority may proceed with regulation pending the outcome of the challenge unless the cable operator alleges that effective competition exists (in which case the effectiveness of the certification is suspended) or the FCC grants a stay at the request of the cable operator. 13 47 C.F.R. § 76. 911. Franchising authorities are required to adopt rules stating that they will follow the rate regulations promulgated by the FCC and they will provide a reasonable opportunity for the consideration of the views of interested parties. A franchising authority has up 'to 120 days after certification becomes effective, ' to adopt such rules. A franchising authority, however, need not wait until a certification becomes effective to adopt the rules; rather, it may adopt the rules prior to filing for certification. 14 47 C.F.R. § 76.910 (e) . [Footnote continued from previous page] consideration of the views of interested parties. • The .FCC has determined that, for purposes of certification, franchise authorities may presume that franchise areas are not subject to effective competition if they have reason to believe this is true. A cable operator may challenge this presumption; however, the operator would have the burden of provingthat effective competition exists under, one or more of the tests • described in footnote 3 , above. ' 47 C.F.R. § 76. 906. 13 The FCC. does not routinely grant stays.' 14 The. FCC stated that adoption of the rules is not intended to be an "onerous" requirement. " [A] [Footnote continued onnext page] - 7 - 'In order to trigger the rate regulation process at the local level, a franchising authority must give notice to the affected cable operator that it is certified and that it has adopted the required local regulations. 47C.F.R.. S 76.910 (e) . A cable operator then has 30 days after such notice to file its rate justification with the franchising authority on FCC' Form 393 . 15 47. C.F.R. § "76.930 (a) . A franchising: authority has 30 days after receiving the op1erator!s initial rate schedule (Form 393) -- anld thereafter, after. receiving notice of a rate increase to make a rate determination, or to issue a brief order (within the 30-day period) notifying the cable operator that it needs additional time to make a rate decision. 16 . 47 C.F.R. S 76.933 . A franchising authority must issue a written rate decision to the !public (and provide public notice of such decision) whenever it disapproves, in whole or in part, the initial rate schedule or a proposed rate [Footnote continued from previous page] straightforwardirule .stating that the local franchising authority will follow the rate .regulation promulgated by • the Commission will suffice. " Rate. Order at 1 87 n.238. 15 The FCC decided to extend the period for responding to an initial notice from the franchising authority received on or before October 15, '1993 , from 30 days to November 15, 1993 . For a notice received by a cable operator after October 15, 1993 , however, the operator has 30 days to submit its rate. schedule on Form 393 to the franchisingjauthority. . Acceleration Order at 1 1,0. • A cable, operator must inform the franchising authority of whether it wants its reasonable rate _ determined on a : benchmark" or cost-of-service basis. If a cable operator submits a rate schedule that reflects,. a rate that exceeds the benchmark rate but does not include a cost-of-service showing, the franchising • authority must permit the cable operator to cure the - defect and submit a cost-of-service showing. Rate Order at 1 119 n. 310. , • 16 A franchising authority has up to 90 additional days to review a rate request if thercable operator requests benchmark regulation and up to 150 additional days to review a, cost-of-service .showing.. 47 C.F.R. § 76.933 (b) . - 8 7 increase, or approves the initial rate- or proposed rate . increase over the objection of an interested party. 47 C.F.R. § 76.936. Any participant in a franchising authority's rate proceeding may appeal the franchising authority's decision to the FCC if the participant believes the decision is inconsistent with the 1992 Act or the FCC's rules. The FCC is the exclusive forum for hearing such appeals based on failure to act consistently with the, 1992 Act or the FCC's rules. Appeals on other grounds may be filed in state or local courts. 47 C.F.R. § 76.944 (a) . . • II. IMPLEMENTATION OF RATE REGULATION AT THE LOCAL LEVEL As is evident from the. discussion in Part I of this memorandum, there are a few steps a franchising authority must take to regulate basic rates in compliance with the FCC rules. The step-by-step process to implement rate regulation is described below. Before a franchising authority undertakes these activities, however, it should consult with counsel to consider, among other things, such matters as how provisions of its franchise agreement and applicable state and local laws, rules and requirements impact on the requirements below. Step 1: Determine Legal Authority To Regulate Rates And Identify. Responsible Staff The certification form requires a franchising authority to state that it has the legal authority and personnel to administer rate regulation. The instructions accompanying the certification form state that a franchising authority's legal authority"must come from state law. " Instruction No. 8 for FCC Form 328. Possible sources of legal authority17 may 17 As franchising authorities identify the source of their legal authority to regulate rates, they should also consider whether existing local decision-making processes are compatible with the . FCC rules, particularly given the timelines;for decisions and the information that needs to be reviewed. For example, the franchising authority must take some action within 30 days of the filing of the operator's rate. schedule. It can decide to approve the rates, disapprove the rates, or extend the time for its r [Footnote continued -on next page] - 9 - include state statutes or regulations, state constitutional provisions, including provisions authorizing 1041 governments to exercise general police powers, and applicable case law. It also would appear that a franchising authority could rely on provisions of its local charter or similar enabling legislation. Franchiseragreements that prohibit a franchising authority from regulating basic rates have been preempted by the FCC. However, the FCC has not preempted state laws that prohibit state and/or local governments from regulating rates. 18 The FCC rules, do 'not specify the number or type of personnel a franchising authority must have in order to. regulate rates. If a franchising authority does not have a cable administrator or staff responsible for cable administration, it should identify one' or. more persons responsible for implementation of rate' regulation who could review or oversee the review of the. operator's ratelschedule and make. some initial determinations regarding such matters as the reasonableness of the rates, the need to extend the time ' for a decision, and the types of additional information needed. 19 It wouldbe• helpful if that staff includes or has access to accounting or auditing expertise to evaluate the information and worksheets supporting the [Footnote continued from previous page] decision. Also', given notice requirementsfor public hearings in somejurisdictions, a franchising authority may have to give notice of a public hearing on the operator's ratejschedule prior to, actual receipt of the rate schedule ih order to meet the 30-day deadline. If a franchising authority determines that its local process is too cumbersome or could" be streamlined to permit more effective and efficient review., a franchising authority should establish an alternative process that is .consistent with FCC timelines and other requirements. This could be done as part of the resolution or ordinance described in Step "2 below. 18 In caseswhere neither the state nor local government can regulate rates under' state law, the FCC will assume jurisdiction over basic rates. Where state law prohibits focal ,governments but not the state from engaging in rate regulation, the state or an agency thereof may file .for certification. Rate Order at 11 60-71. 1 ' 19 See discussion below regarding Step. 2 . I ' - 10 - operator's rate schedule.20 Itshould be noted that, if the cable operator chooses to make a cost-of-service showing to justify rates above the rates which would be reasonableunder the benchmark approach, staff time and resources necessary to analyze the operator's submission and make recommendations will be substantially greater than under the benchmark approach. Step 2: Adopt Local Rules and Regulations; File Certification The FCC rules require that a franchising authority adopt regulations which: (a) are consistent with the. Commission's regulations governing the basic tier; and (b) provide a reasonable opportunity for consideration of the views of interested parties. Franchising authorities have up to '120 days after the effective date of certification to adopt these rules; however, unless local circumstances require otherwise, there is no reason to wait until certification to begin the local rulemaking process. The FCC's Rate Order makes clear that the FCC requirements can be met by a straightforward statement that the franchising authority 20 In choosing the staff to implement rate regulation, a franchising authority should keep in mind that, in addition to the responsibility for basic rate regulation, the staff should also be prepared to consider whether to file a complaint with the FCC challenging the reasonableness of rates for cable programming services. Such complaints must, be filed on FCC Form 329 . Because subscribers can also file complaints with the FCC, a franchising authority may wish to publicly disseminate information to subscribers about their filing rights and offer to assist them in preparing, filing and pursuing such complaints. Even if a franchising authority,decides to take a 'less active role concerning cable programming services complaints, subscribers may request help from the franchising authority in filing complaints with the FCC. Another issue the staff will have to address in connection with determining the reasonableness of the operator's rates is whether the operator has complied . with the rate freeze that went into effect as of April 5, 1993 . The franchising authority should carefully monitor and keep records of any changes in rates, tiers or service offerings that the cable operator announced or made since April 5. 11 - will follow the rate regulationspromulgated by the Commission. Similarly, a declaratory statement that the franchising authority will consider the views of interested parties will meet the FCC's requirements. The FCC rules do not specify the procedure a franchising authority must use for considering the views of interested parties;" thus, franchising authorities have discretion whether -to hold formal or informal public hearings, hold public roundtables, .provide for the submission of written comments or testimony, ' or. choose some other method of participation. ' Most communities. . already have in place established mechanisms for obtaining public! input. into officialdecision-making processes, and the FCC recognized that such existing mechanisms and procedures can be used for rate ' regulation purposes. See -Rate Order at ¶ -87. To assistla franchising authority in complying with the FCC rules, attached tothis memorandum is a draft form' of a resolution or ordinance that a franchising authority could use as a starting point to meet the FCC's "local rules" requirement. .The format of this resolution or ordinance can be modified to become a rule or regulation. Franchising authorities should review with their counsel the precise format this action should take to 'clomply with state and local procedural requirements. . The attached resolution also. includes language =designating the person- within the franchising authority who can execute the certification form. Including such a provision eliminates any question that may - subsequently be raised as to who has authority to sign the certification on behalf of the franchising authority. ' Once the franchising authority adopts the language set forthin the attached resolution. or ordinance,, the franchising authority is in a position to file for certifi;cation.,21 Such filing must be by hand 21 If it is clear that a particular person is authorized to sign the certification and a franchising authority has determined that it has the legal authority to regulate rate's., and the personnel to administer rate regulation, the franchising authority can also file for certification without having adopted the resolution or [Footnote continued on next page]. - 12 - delivery or by registered mail, return receipt requested. A copy of the certification must be provided to the operator on or before the filing date. The certification becomes effective 30 days after filing. Step 3 : Franchising Authority Notice to the Cable Operator/Submission of • Form 393 by Operator If the franchising authority has completed the . activities described in Steps 1 and 2 and the FCC has not notified the franchising authority that its certification has been denied,. on the effective date of the certification (i.e. , 30 days after filing with the FCC) , a franchising authority may give written notice to • the cable operator that it is certified and has adopted local rules and regulations. This notice establishes the date of initial regulation. The basic service rates in effect on the date of initial regulation can no longer be increased by the cable operator without the approval of the franchising authority. The FCC rules do not specify the form of the notice. A franchising authority should comply with any notice requirements in its franchise agreement and state or local laws and regulations. Attached is a draft notice letter that may be modified to comply with your state or local requirements. ' The cable operator has 30 days after receiving that notice to submit its rate schedule and supporting worksheets on Form 393 to the franchising authority. 22 [Footnote continued from previous page] , taken some other rulemaking action. The certification , form asks whether the franchising authority will adopt local rules and regulations that are consistent with the FCC rules and that provide for consideration of the views of interested parties, and the FCC rules give franchising authorities up to 120 days from the effective date of certification to do so. Such action would have to be completed, however, prior to giving notice- to the cable operator, as described in Step 3 . 22 As noted above, the FCC gave operators until November 15, 1993 , to file Form 393 in response to an • initial notice from a franchising authority received by the operator on or ,before. October 15, 1993 . A cable operator receiving notice after' that date must submit [Footnote continued on next page] 1 13. - 47 C.F.R. 5 930 (a) . Step 4: 'Franchising Authority IReview of Form .393 The franchising authority has 30 days to review the operator's Form 39.3. During the 30-day period, existing rates will remain in effect and a franchising authority must determinewhether to approve or , disapprove the proposed rates on Form 393 or to advise the operator that it needs additional time to make a decision. The proposed rates will go into effect at the end of the 30 days unless the franchising authority issues a brief written order explaining that it needs additional timejfor review. Thus, a franchising authority must take some action prior to the expiration of the 30-day period if it needs toextend the deadline. A franchising authority may have an additional 90 days to review rates 'under the benchmark analysis and an additional 150 days to review a cost-of-service showing. 47 C.F.R. ,§ 76.933 (b) . Step' 5: 'Rate Decision . At the end of the applicable time periods described in Step 4, the proposed rates will go into effect if the franchising authority has not made a decision. However, after the .initial 30.-day period, a franchising authority may preserve its right to make a decision subsequently ordering a refund by issuing an order stating that it will need additional time to reach a decision on the merits. After the. additional 90- or 15.0-day period, la franchising authority may preserve its right to make aisubsequent decision ordering refunds if the franchisingjauthority issues a brief written order directing the operator to keep records of all amounts receivedby reason of the proposed rates and the identity of the subscriber accounts on whose behalf such amounts were paid. Therules do not specify a deadline' for the franchising authority's decision; however, the franchising authority must issue theorder described above. by the expiration of the additional time periods of 90 or 150 days to preserve its right to order refunds. 47 C.F.R. § 76. 933 (c) . . I I _ [Footnote continued from previous page] ' its rate schedule on Form 393 within 30days of receiving the notice. 14 - If the franchising authority determines the proposed rates are unreasonable, it may: (a) order rate reductions; (b) prescribe a reasonable rate.; (c) order a rate refund; or (d) impose fines or monetary forfeitures if permitted under state or local law. 47 C.F.R. SS 76. 940-43 . A franchising authority must issue a written decision available to the public whenever it: (a) disapproves an initial rate for basic service or for related equipment, installation and services; (b) disapproves a request for a rate increase; or (c) approves a request for an increase over the objections of interested parties. The franchising authority must also give public notice of, the written decision. No written decision is required for approval of an unopposed existing or proposed rate for basic service or equipment. 47 C.F.R. 'S 76.936. III. CONCLUSION This memorandum provides a brief overview of the rate regulation process. It should be noted that there are a number of details in the rules which are not discussed .here. While we describegenerallythe steps a franchising authority should take, there •may '.also be additional actions a franchising authority should .take in light of state or local law and the provisions of the governing franchise document. Thus, a franchising authority must carefully review and evaluate its own specific •circumstances before proceeding. Any questions with regard to 'this memorandum should be addressed to: • Norman M. Sinel (202) 872-3990 Patrick J. Grant (202) 872-3650 Stephanie M. Phillipps (202) 872-3.639' William E. Cook (202) 872-6996 Attachments r - DRAFT:. SEPTEMBER 1. 1993 SAMPLE RATE NOTIFICATION LETTER TO CABLE OPERATOR Date Name of Operator • Address Re: Rate Regulation Dear • This is to advise you, as required by applicable FCC rules, that . (jurisdiction) is now authorized to regulate the rates [cable system] charges for basic cable service and all equipment, , installation and other services used for basic service. [Jurisdiction] has adopted the requisite rule regarding rate regulation and, over 30 days ago, filed its certification farm with the FCC. { We expect, [EITHER: "within 30 days of your receipt of thislletter" OR, (if this letter is sent by October 15, 1993) "by November 15, 1993"] to receive your completed FCC Form 393 justifying your current rates for basic service and related equipment, installation and other services. Sincerely, The Franchising Authority • - . 0 • •i • DRAFT September 1, 1993 • , • RESOLUTION -(OR "ORDINANCE") NO. A RESOLUTION (OR ORDINANCE) TO PROVIDE FOR THE • REGULATION OF BASIC SERVICE TIER RATES * • AND RELATED EQUIPMENT, INSTALLATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM . OPERATING INTHE CITY OF• [INSERT NAME1 • WHEREAS, ,on October 5, 1992 , Congress' enacted the • ' Cable Television Consumer Protection and Competition Act of 1992 which, among other things;- . provided that the basic service tier rates, . and the charges for related equipment, installation and services; of a ,cable television system (hereinafter,. "Basic Service Rates and • . Charges") shall 'be subject to regulation by a franchising authority .in accordance with. regulations prescribed by the Federal ' Comniunication$ Commission (hereinafter the "FCC") ; and 1 WHEREAS, ion April 1, 1993 , the FCC prescribed • such regulations in the Report .andOrder, in the Matter of Implementation of Sections of 'Cable Television Consumer Protection and Competition Act of 1992 : Rate Regulation, MM Docket 92-2.66, FCC 93-177 (released May. •3 , 1993) (hereinafter the "FCC Rate Regulations") ; and WHEREAS, Ithe City of • (hereinafter, the- . "City") is a franchising- authority with the legal authority to adopt, ,and the personnel to administer, ':regulations with respect to ,the Basic Service Rates and Charges of any cable television' system operating in the City, including without •limitation,. the system • - currently beingioperated by [insert name of• cable operator(s) ] (hereinafter "the Company") pursuant to the [insert the. title 'of the applicable cable franchise document] (hereinafter the "Franchise") ; and 1 WHEREAS, ; the City desires to regulate the' Basic Service Rates and Charges of the Company and any other' cable television system operating in the City and shall do so in accordance with the ,FCC Rate -Regulations, notwithstandingany different Or inconsistent provisions in .the Franchise; . r - 2 - NOW, THEREFORE, BE IT RESOLVED (OR ORDAINED) BY THE [MAYOR AND/OR THE CITY COUNCIL] OF THE CITY OF THAT: 1. The City will follow the FCC Rate Regulations in its regulation of the Basic Service Rates and Charges of the Company and any other cable television system operating in the City, notwithstanding any different or inconsistent provisions in the Franchise; and r 2. In connection with such regulation, the City will ensure a. reasonable opportunity for consideration of the: views of interested parties; and 3 . The [Mayor] [City Manager] [Cable Administrator] , or his or her designee, is authorized to execute on behalf of the City and file with the iCC such Certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations in order to enable the City to regulate Basic Service Rates and Charges; and 4. This Resolution (or Ordinance) shall be effective immediately. C Mayor ATTEST: City Clerk Adopted: , 1993 JI• 'ti47 cvTv • • • filV CLARK * VANCOUVER TELEVISION City/County.Cable Office • PO Box 1995 " Vancouver,Washington 98668 206 696-8233 • Fax 206 696-8298 • CABLE TV;RATES & THE CABLE ACT OF 1992 • Questions & Answers Prepared by the City /County Cable TV Office' { • September 1993 - I 1. ' Why is Columbia Cable changing rates and services? • On September 1, 1993, cable companies in the Portland Metropolitan Area and throughout the nation dire implementing changes in the rates they charge for cable television services as well as in the various packages or service options available to consumers. The chenges are,being made as a.result of nationwide cable rate regulation effective September 1, 1993, as established by • the Federal Communications Comrnission ("FCC") in Washington, D.C. The FCC established • rules regarding regulation of cable television rates as directed by Congress in the • Cable Consumer Protection and Competition Act of 1992 ("Cable Act"). • 2. What is the Cable Act of 1992? • Congress passed a bill in October, 1992, that provides for the regulation of many aspects of cable television company operations, including rates, customer service, carriage of broadcast) signals, availability of cable television programming to competitors; etc. During the-past year, the FCC has been issuing a number of rules to implement the; many provisions of the Act. • 3. Why are •services and rates changing on September 1? The FCC has established September 1, 1993, as the effective date for rate regulation for most cable systems in the United States. On and after this date, the • FCC and participating;, local governments can begin the process to review .and • regulate" rates to subscribers that exceed "benchmark" rates established by the 'FCC. As a result; most cable companies are adjusting their rates and.services ' effective September 1 to be"consistent-with the companies' interpretation of the new FCC rules. September 1 is the first date local franchising authorities can apply to the FCC to be certified to regulate rates. • Cable Act Q&A September, 1993 Page 2 4. • What is a "benchmark" rate? The benchmark rate for each cable system in the United States is established according to a formula established by the FCC. The benchmark will be the base rateagainst which all future rate increase-requests must be calculated and reviewed. The benchmark will vary from system to system according to the services offered and the cost of providing that service. 5. Why are rates going up? Newspapers and magazineshave reported that cable rates were frozen until November 15 and in fact that monthly rates are supposed to,go down! - On average, cable company revenueswill remain neutral or slightly reduced:Some subscribers will save under the .new FCC rate system. However, the national "averaged" FCC rate structure will not necessarily reduce the current bill of every - cable' subscriber. The FCC rules require that companies charge actual cost for equipment such as converters and remote control units.. This meansthat costs for these'items will be reduced substantially. However, in making allowances for this reduced revenue, the FCC. has allowed cable companies to adjust or raise rates for basic programming services as long as they remain within the FCC benchmark rate and remain "revenue neutral". In situations where a particular cable service package has been priced lower than the FCC benchmark, the cable company can if it so chooses, raise the price of monthly service to the benchmark level. Virtually, every cable company in the United States with rates or packages which the company interprets to be below the federal benchmarks has chosen to raise rates to benchmark levels although,the Cable Act does not specifically require this. Rates are frozen until November 15 to allow local governments time to be certified by the FCC to regulate rates and to review any future rate increase requests above the FCC benchmark. . 6. What determines if my monthly cable bill will increase? ' Individual bills will vary depending upon a variety of factors, including the level of service you choose (Basic, Expanded Basic, premiums, etc.) and the amount of equipment you rent. As a general rule of thumb, subscribers with several outlets and a variety of equipment, will see their monthly bill decrease., while subscribers with minimal service and equipment, will see an increase in their monthly bill. This . Cable Act Q&A September, 1993 • Page 3 will be true in Vancouver/Clark County, as well as in about 1/3 of the cable systems in the United States: • • • 7. What rates are regulated and- by whom? Rates for "Basic" cable ! service and equipment "and incidental. charges are • • regulatedby local franchising-authorities (in this situation, the City of Vancouver and Clark County). Rates for"Expanded Basic" service are regulated,by the FCC. •. Rates for other services such as premiums (HBO, Disney Channel; etc.) and pay- per-view (TrailBlazer Games,..movies) are NOT regulated: • 8. What is "Basic" Service? • Basic Service is definedi as the first -level of cable service which includes all broadcast (ABC, CBS, etc.) and local public (Channel 49), educational, and government (C,VTV) access signals. Under the FCC rules, Basic Service is a prerequisite to receiving any.Other level of cable service. On the Columbia Cable of Washington system, Basic service is comprised of 22 channels, including WGN, WTBS, and other satellite services. Local.governments'regulate rates for Basic • • Service. • 9. ' What is "Expanded Basic" Service? •• • Expanded Basic is comprised of video programming Other than basic and premium • channels. The FCC also, refers to.this level of-service as "Cable Programming Service." On the Columbia Cable of Washington system, Expanded Basic is comprised of 25 channels, such as ESPN, CNN, etc. The Basic,Service_combined with Expanded Basic totals 47 channels. This,is what was known as "Basic Plus" service. The FCC regulates rates for Expanded Basic or Cable Programming . Service. 10. What must a local franchising authority (ie Vancouver and Clark County) do. • to be certified to regulate Basic Service Rates? When can it begin to regulate Basic Service Rates?• . To be certified-to regulateBasic Service Rates, the local franchising authority must • file Form 328 with the Federal CommunicationsCommission. Certification is effective within 30 days.- Basic service becomes subject to regulation on the date the. cable company is notified that the franchising authority has.been certified by the. FCC and that the franchising authority has adopted regulations required to • • • Cable Act Q&A September, 1993 Page 4 regulate rates. Once the cable company receives notification, it may NOT raise Basic Servicerates without the prior approval of the franchising authority. The City/County Cable TV Office will file for certification with the FCC on September 1. 11. What is required for.the FCC to regulate Expanded Basic rates? The FCC can begin regulation of Expanded Basic Service Rates on September 1, .1993, but only after receiving a complaint from the local franchising authority or any cable subscriber in the franchise area. Complaints must be filed on FCC approved Form 329. Complaints that are not on the proper form will not be accepted. The complaint form will be available directly from the cable company, the FCC, and the City/County Cable TV Office. Complaints regarding existing rates will be accepted by the FCC for 180 days after the.effective date of the rules , (September 1, 1993)-. Complaints regarding future rate increases must be filed ' with the FCC within 45 days of the receipt of a bill containing a rate increase. The purpose of both local and FCC.rate regulation is to determine whether 'the rates charged by companies are consistent with the ' federal "benchmarks" established by the FCC. • 12. What will be the major ratechanges for Vancouver and Clark County Customers? . * Basic Service (22 channels) will increase from $8.95/month to $9.99/month. * Basic Service + Expanded Basic. (Formerly Cable Plus) (47 channels) will increase from $20.95/month to $22.42 month. * A 5%-Senior Discount will be initiated (does not apply to Premium, Pay-Per- View or DMX Services). * Customers who have converters and remote controls will have the monthly cost of this equipment itemized and billed separately in addition to the monthly rate for Basic and/or Expanded Basic service. 13. What will be the charges for converters and remote-controls? * Jerrold Converter Boxes will decreasefrom $5/month to $1.56/month; Pioneer Converters boxes will decrease from $5/month to $2.33 'month. • •• . -t" J . " Cable Act Q&A September, 1993 . - Page 5 * Jerrold remote controls will decrease from $2/month'to 3 cents/month; Pioneer remote controls will 'decrease from $3/month to'6 cents/month. • * There will be a monthly charge.for all converter boxes (previously first converter was free). (See 1.2 above)" • , • 14. I have an older television set that is not "cable ready" and I must have ,a converter to receive cable services. The converter hasbeen provided at no charge. Why must I now pay:a monthly fee? . • The FCC rulesimplementing rate regulation, require.that cable'companies charge the actual cost for every piece of equipment provided. The rules prohibit providing some equipment free, -which is then subsidized by .other •rates and other subscribers. • • • . 15. What changes is Columbia making in the Senior.Citizen package? Is the company allowed to do-this? • ' Prior to September 1 the Senior package offered by Columbia consisted:'of a free volume remote. control unit, but the price for Basic and Expanded Basic service, was the same as that paid by other subscribers. Effective September 1., Columbia will offer a 5% discount on cable services and equipment to subscribers who are 62 years of age and older. This discount will not apply to premium, pay-per-view, and DMX services: Columbia is allowed to offer discount packages to,'seniors under the Cable Act and there is no prohibition against-Col'umbia changing the terms and conditions of the package offered. 16. Why •is Columbia .no longer offering the free access-channel only . "Community Service" tier? ' FCC rules'require that ALL cable customers subscribe to the. Basic:Service as a- . prerequisite to receive any other level of service. Attorneys for cable operators and cities, and the FCC has confirmed, this requirement does not allow cable - operators to provide a lesser level of serviceat reduced .or no cost. . the Cable Act does mandate,however,that subscribers who receive Basic service • , • are.entitled to receive premium or pay-per-view services without also subscribing - to Expanded Basic as has been the case. - Cable Act Q&A September, 1993. Page 6 • 17. Mymonthly cable bill looks different. Why? What do the changes mean? The 'Cable Act and subsequent FCC rules require that all charges'b.e itemized. This means that your bill will look different because Basic and Expanded Basic Service, as well as equipment changes will be itemized separately rather than one lump sum for cable. service. Questions. about individual cable bills should be directed to Columbia Cable Customer Service. • 18. Why is Columbia raising rates when it promised not to do so during 1993? Columbia made a good faith statement that it did not plan to increase rates for `basic service in 1993. However, that commitment was made prior to enactment • of the Cable Act of 1992 and the subsequent rules regarding rate regulation issued • by the FCC. There is no way to enforce this promise, because the requirements of the Act and the FCC' rules pre-empt any earlier local rules and promises regarding rates and charges. Columbia is making "revenue.neutral" adjustments because of the requirement by the FCC that the company lower the charges for equipment. (See questions 5 above.) • 19. Why are cable companies allowed to change rates and services without more notice to subscribers? The FCC rules implementing the benchmark rates. effective September 1 specifically suspend .all 'local and federal rules requiring advance notice of rate . Changes. 20. What can customers. do if they disagree with service and rate changes? ' Customers can participate in public hearings held by the Cable Television Commission to consider Columbia Cables Basic rates and equipment charges. To be notified about hearings, subscribers can contact the City/County Cable TV office to request a. meeting notice. Subscribers can complete FCC Form 329 if they wish to file a complaint directly.with the FCC. . The City/County Cable Television Commission will review the rates and charges established by Columbia when the local' franchising authority'is certified by the FCC ' and.when Columbia formally submits its rate schedule to the City and the- County later this year. /3 i Gable Act Q&A . September, 1993 Page 7 * NOTE: Under. the FCC!rules, absent special circumstances justifying an earlier - increase, a cable compainy should file rate increases for Basic Service and/or equipmentcharges no more than•once a calendar year. Hence, Columbia cannot:file for a rate iricre'ese again until'September 1994. Operators are allowed to adjust cable service rates annually for inflation based on changes in' the Gross • National Producer Price Index. • 21. How does what Columbia is doing, compare to other cable systems in the • Portland.area? . Based on the information provided to date, it appears that most Paragon Cable (serves East Portland and East Multnomah County) subscribers will receive a rate decrease averaging approximately $1.90/month. However, many TCI (serves west Portland) subscribers will, see a rate increase of approximately $1/month-. • Hence, the 46-channel Basic + Expanded Basic without a converter offered by Paragon will be $21.72/month; the 43-channel Basic + Expanded Basic without a converter. - offered by TCI will be $22.20/month. . . . 22. . What will happen to local' broadcast signals such as KOIN-TV? Will Columbia be droppinglany of those channels? - • The Cable Act of 1992 give local television broadcast stations such as ABC, NBC, etc. the right to determine the conditions under which a local cable system can _ carry'its signal. A broadcast station can either require a cable system to carry its signal -- "must carry" --I or else choose to negotiate the terms of carriage -- "retransmission consent." If-the retransmission consent negotiation is not successful, the cable system must drop the broadcast signalfromits lineup after' • October 6-, 1993. ' . 1 Most major Portland-area broadcast stations have chosen retransmission consent. As of this writing, it appears that most of the negotiations 'with the exception of KOIN Channel 6 and KPDX Channel 49 are on track toward a successful conclusion. In addition!, several local broadcast stations -- including a home- shopping station from Salem; Oregon,-- not previously carried.on cable systems will be added. j It is the sincere hope of the City/County Cable TV Office and all public officials that all broadcast/cable negotiations -- including KOIN and KPDX--will e successfully concluded so that cable subscribers can enjoy uninterrupted viewing of all local. ' broadcast stations. j ' i fi • Cable Act Q&A September, 1993 Page 8 • 23. Where can I call for further information? Subscribers with questions or concerns can contact the City/County Cable TV Office (696-8233) during business hours for assistance (8-5/Monday, through Friday). Questionsabout bills should be directed to Columbia Cable. 24. How can I keep informed about proposed changes in cable rates and services? You may contact the Cable TV Office and ask to be placed on the mailing list to receive meeting and hearing notices. b:\cablecom\ateq&a9.93 dmm i • Approved by OMt -- Federal onrnunicaU3060-0550 orn Commission Expires 05/31/96 Washington,D.C. 20554 - FCC 328 For FCC Use Only CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION 1 Name of Franchising Authority • 3. Will your franchising' authority adopt (within 120 days of certification) and ❑Yes ❑N° Mailing Address administer regulations with respect to basic cable service that are consistent City State ZIP Code with the regulations adopted by the FCC pursuant to 47 U.S.C.Section 543(b)? Telephone No.(include area code): 4. With respect to the franchising authority's regulations referred Person to contact with respect to this form: ] to in Question 3, Yes El No a. Does your franchising authority have the legal authority to adopt them? EYes ENo 2.a. Name(s)and address(es)of cable systems)and associated FCC community b. Does your franchising authority have unit Identifiers within your jurisdiction. (Attach additional sheets if necessary.) the personnel to administer them? Cable System's Name • 5. Do the procedural laws and regulations Elks ENo Mailing Address applicable to rate regulation proceedings by your franchising authority provide a City State ZIP Code reasonable opportunity for consideration of the views of interested parties? Cable System's FCC Community Unit Identifier: Yes ENO 6. The Commission presumes that the cable system(s) listed in 2.b. is (are) not subject to effective competition. Based on the Cable System's Name definition below, do you have reason to believe that this presumption is correct? Mailing Address - (Effective competition means that(a) fewer than 30 percent of the City State ZIP Code households in the franchise area subscribe to the cable service of a cable system; (b) the franchise area is (i) served by at least two Cable System's FCC Community Unit Identifier: unaffiliated multichannel video programming distributors each of which offers comparable video programming to at least 50 percent • of the households in the franchise area; and (ii) the number of 2. b. Name (s) of em(s) and associated. communityhouseholds subscribing to programming services offered by cyst ]unit identifier(s) you and with respectmultichannel video programming distributors other than the largest claim are subject to regulation to which you are filing this multichannel video programming distributor exceeds 15 percent of certification. (Attach additional sheets if necessary.) 1, the households in the franchise area; or (c) a multichannel video Name of System Community Unit programming distributor operated by the franchising authority for Identifier that franchise area offers video programming to at least 50 percent of the households in that franchise area:) Name of System Community Unit Signature Identifier Title • 2.c. Have you served a copy of this form on all parties Li Yes fl No Date listed in 2.b.? WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT(U.S.CODE • TITLE 18,SECTION 1001). Return the original and one copy of this certification form(as indicated in Instructions),along with any attachments,to: • Federal Communications Commission Attn: Cable Franchising Authority Certification P.O:Box 18539 Washington,D.C. 20036 FCC 328 August 1993 • • Federal Communications Commission _ t Approved by OMB Washington.D.C. 20554 - 3060-0550 Expires 05/31/96 INSTRUCTIONS FOR FCC 328 • FRANCHISING AUTHORITY CERTIFICATION • 1. The Cable Television Consumer Protection and Competition Act, Question 4(b): The franchising authoritymust have a sufficient enacted in October 1992, changes the manner in which cable number of personnel to undertake rate regulation. television systems that are not subject to effective competition are regulated. In general,rates for the basic service tier(the tier required . - A franchise authority unable to answer"yes"to questions 4(a)or 4(b) as a condition of access to all other video services and containing, may wish to review the FCC's Report Order jn Docket 92-266, among other services, local broadcast station signals and public, FCC 93-177 (released May 3, 1993) for further information on the educational, and public access channels) and associated equipment establishment of alternative federal regulatory procedures. will be subject to regulation by local or state governments ("franchising authorities"). Rates for cable programming services and 9. Question 5:Franchising authorities must have procedural regulations associated equipment(all services except basic and pay channels)will allowing for public participation in rate regulation proceedings. If a be subject to regulation by the FCC. Rates for pay channels franchising authority does not have these regulations already in place, (channels for which there is a specific per-channel or per-program - it must adopt them within 120 days of certification and before it may charge) are not regulated. undertake rate regulation. 2. Only cable systems that are not subject to effective competition may 10. Question 6: Most cable systems are dot subject to effective be regulated.,.Effective competition means that (a) fewer than 30 competition,as defined by the Cable Act. (The definition is included percent of the households in the franchise area subscribe to the cable above and on the form.) The franchising authority may presume that service of a cable system;(b)the franchise area is(i)served by at least the cable system in its jurisdiction is not subject to effective two unaffiliated multichannel video programming distributors each of competition. which offers comparable video programming to'at.least 50 percent of • the households in the franchise area; and (ii) the number Of. For purposes of applying the definition of effective competition (see households subscribing to programming services offered by Item.2 above),"multichannel video programming distributors"include multichannel video programming distributors other than the largest a cable operator, a multichannel multipoint distribution service, a multichannel video programming distributor exceeds 15 percent of direct broadcast satellite service, a television receive-only satellite the households in the franchise area; or (c) a multichannel video program distributor, a video dialtone service, and a satellite master programming distributor operated by the franchising authority for that antenna television system. A multichannel video programming • franchise area offers video programming to at least 50 percent of the distributor's services will be deemed "offered" when they are both households in that franchise area. • technically and actually available. Service is "technically available" when the multichannel distributor is physically able to deliver the 3. In order to regulate basic service tier rates, a franchising authority service to a household wishing to subscribe, with'only minimal • must be certified by the FCC. In order to be certified, a franchising additional investment by the distributor. A service is "actually authority must complete this form. An original and one copy of the available" if subscribers.in the franchise area are'reasonably aware completed form and all attachments must be returned to the FCC through marketing efforts that the service is available. Subscribership by registered mail, return receipt requested, to the FCC at the of those multichannel video programming distributors offering service address on the form. to at least 50 percent of the households in a franchise area will be aggregated to determine whether at least 15 percent of the 4. A•copy of the form must be served on the cable operator by first-class households in the franchise area are served by competitors. A mail on or before the date the form is sent or delivered to the FCC. multichannel video programming distributor must offer at least 12 channels of programming, 'at least one channel of which is 5. The franchising authority's certification will become effective 30 dans nonbroadcast,to be found to offer"comparable"video programming. after the date stamped on the postal return receipt unless otherwise notified by the Commission by that date. The franchising authority • 11. This certification form must be signed by a government official with cannot begin to regulate rates;however,until it has actually adopted authority to act on behalf of the franchising authority. the required regulations(see below)auntil it has notified the cable operator that it has been certified and that it has adopted the required • regulations. FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK 6. In order to be certified,franchising authorities must answer"yes" to REDUCTION ACT Questions 3, 4, and 5,which are explained.as follows: The solicitation of personal information in this form is authorized by the Communications Act of • 1934,as amended. The Commission will use the information provided in this form to determine 7. Question 3: The franchising authority must adopt rate regulations if the franchise authority should be authorized to regulate cable rates. In reaching that consistent with the Commission's regulations for basic cable service. determination, or for law enforcement purposes, it may become necessary to refer perianal To fulfill this requirement for certification, the franchisingauthors information contained in this form to another government agency. All Information provided In this authority' form will be a'ailabte for public inspection. Your response is required to obtain the requested may simply adopt a regulation .indicating that it will follow the authority. •regulations established by the FCC. Public reporting,burden for this collection of information it estimated to average 30 minutes, The franchisingauthorityhas 120 days to adopt these regulations including the time,for.reviewing instructions, searching existing data sources, gathering and Y P g maintaining the data needed,and completing and reviewing the collection of information. Send after the time it is certified. The franchising authority may not, • comments regarding this burden estimate or any other aspect of this collection of information, however,begin to regulate cable rates until after it has adopted these • including suggestions for reducing the burden,to the Federal Communications Commission,Records Management Division,AMD-PIRS,Washington,D.C. 20554,and to the Office of Management regulations and until it has notified the cable operator that it has been and Budget,Paperwork Reduction Project(3060-0550),Washington.D.C. 20503. certified and has adopted the required regulations. • THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L 93-579, 8. Question 4(a):The franchising authority's"legal authority"to regulate DECEMBER•31,1975,5 U.S.C.522a(eK3)AND THE PAPERWORK REDUCTION ACT OF 1980, • basic service must come from state law. In some states, only the P.L.96-511,DECEMBER 11,19e0,44 U.S.C.35e7. Slime government may regulate-cable rates, In those states, the state government should file this certification. Provisions in franchise agreements that prohibit rate regulation are void and do not prevent • a franchising authority from regulating the basic service tier and • •• associated equipment. • CITY OF RENTON COUNCIL AGENDA BILL AI #: g • . I SUBMITTING DATA: FOR AGENDA OF: 10/4/93 Dept/Div/Board.. Executive/City Clerk Staff Contact.. Marilyn Petersen AGENDA STATUS: Consent SUBJECT: TCI Cablevision of Washington, Inc. Public Hearing.. Acceptance of 15-year cable television Correspondence.. franchise ordinance Resolution I Old Business.... EXHIBITS: Letter and acceptance from TCI New Business.... Study Session... Information XX • Other RECOMMENDED ACTION: APPROVALS: Information. Legal Dept Finance Dept.... Other FISCAL IMPACT: D4/'A Expenditure Required... Transfer/Amendment.. Amount Budgeted Revenue Generated... SUMMARY OF ACTION: Ordinance No. 4412, adopted by Council on August 9, 1993, approved a 15-year cable television franchise with TCI Cablevision to expire on September 13, 2008. Section 20 of, the ordinance requires written, notarized acceptance of the franchise agreement by a corporate officer of TCI Cablevision within 60 days after the effective date of the franchise which was September 13, 1993. We're taking television into tomorrow. SM /I TCI Cablevision of Washington, Inc. CITY OF RENTON SEP 2 8 1993 t1.CtivED September 21, 1993 CITY CLERK'S OFFICE Ms. Marilyn Peterson City Clerk City of Renton 200 Mill Avenue S. Renton, WA 98055 Dear Ms. Peterson: Enclosed please find on behalf of TCI Seattle, Inc. our acceptance of a new 15 year cable television franchise per Ordinance 4412 . Also enclosed is a general liability insurance policy as required per ordinance No. 4413 . Sincerely, Gary A. Hokenson General Manager 7,6743 a & et. l�nE'yc�yi e444: South Seattle Office 15241 Pacific Hwy S. Seattle,WA 98188 (206)433-3434 FAX(206)433-5103 Art Equal Opportunity Employer We're taking television into tomorrow TCI WEST, INC. SM,I ACCEPTANCE OF FRANCHISE CITY OF RENTON September 17, 1993 SEP 2 8 1993 City of Renton v��e 200 Mill Avenue South CITY CLERK'S OFFICE Renton, WA 98055 Attn: City Clerk To the City of Renton: This Acceptance is provided pursuant to Section 20 of Ordinance No. 4412, which granted to TCI of Seattle, Inc'. a franchise to operate a cable communication system within the City of Renton. This Ordinance was approved by the Mayor of Renton on August 9, 1993 and published August 16, 1993. TCI of Seattle, Inc. unconditionally accepts the Ordinance and will comply with and abide by all its provisions, terms and conditions. B =� Y David M. Reynolds Executive VP/COO STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On 9--/7- 93 , before me, a Notary Public in and for said State, personally appeared David M. Reynolds, known to me to be the Executive Vice President/Chief Operating Officer of the corporation that executed the within Instrument, known to me to be the person who executed the within Instrument on behalf of the corporation therein named as COMPANY and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Janet L. Turpen, Nota Public and for the State of Washington Residing at: Bellevue, WA My Commission Expires: May 20, 1996 2233 112th Avenue Northeast Bellevue,WA 98004 _ (206)462-2620 FAX(206)462-2853 An Equal Opportunity Employer CITY OF RENTON 14.44,4.��rL H;.,c,_> City Clerk Earl Clymer, Mayor Marilyn J.Petersen October 7, 1993 TCI Cablevision of Washington, Inc. South Seattle Office I 15241 Pacific Highway South] Seattle, WA 98188 Attention: Angela Granberry Re: Cable Franchise Ordinances, City of Renton Dear Ms. Granberry: • In response to your request, enclosed are duplicate copies of Ordinance No. 4412, TCI Franchise Ordinance; Ordinance No. 4113, amending the City of Renton Code of Ordinances; and a draft ordinance which incorporates federal regulations for cable and provides a method of public input for rate increases. The draft ordinance will be submitted for City Council review and approval in the near future. Upon its adoption, a copy will be sent to you for your records. Please feel free to call if additional information is needed. I Sincerely, / 1p V, - ' Marilyn . i'- rsen, CMC City Clerk cc: Phil Jewett, Information Systems Manager 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 • August 9, 1993 Renton City Council Minutes Page 352 ORDINANCES AND RESOLUTIONS The following ordinances were presented for second reading and adoption: Ordinance #4412 An ordinance and summarywere read grantingto TCI Cablevision of ¢Y Franchise: TCI Cable Washington a franchise to operate a cable communication system within the Extension City for a period of 15 years to the year 2008. MOVED BY SCHLITZER, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. CARRIED. Ordinance #4413 An ordinance and summary were read amending Title V (Finance and Utility: Cable Business Regulations) of Cit; Code by adding Chapter 17 which regulates Communications Systems cable communications systems within the City. MOVED BY SCHLITZER, SECONDED BY STREDICKE, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4114 An ordinance was read amending Sections 8-1-2, 8-1-3.B, 8-1-4, 8-1-6.B, 8- Garbage: City Code, 1-7.B, 8-1-9.B.2 and 8-1-9.B.4 (2) of Chapter 1, Garbage, of Title VIII, Multi-Family Recycling Health and Sanitation of City Code, to add plastic and multi-family recycling services to the solid waste contract. MOVED BY EDWARDS, SECONDED BY MATHEWS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. The following ordinances were presented for first reading and referred to the 8/16/93 Council meeting for final reading and adoption: Utility: Special Utility An ordinance was read amending subsections 8-4-41..A_and 8-4-41.B.3, of Connection Charge Fees, - Chapter 4, Water, and subsections 8-5-17.A and 8-5-17.B.3 of Chapter 5, Water and Sewer Sewers, of Title VIII (Health and Sanitation) of City Code, relating to special utility connection charge. MOVED BY MATHEWS, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/16/93. CARRIED. Comprehensive Plan: Errata, An ordinance was read amending the interim zoning map and changing the Home Base zoning classification of 1.9 acres of property located at East Valley Road and SW 41st Street from Industrial Medium (IM) to Commercial Arterial (CA) for the HCWA Realty Corporation, Home Base site. MOVED BY MATHEWS, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/16/93. CARRIED. The following resolution was presented for reading and adoption: Resolution #2996 A resolution was read authorizing signatures by Finance Department staff for Finance: Authorized depositories and electronic fund transfers on behalf of and in the name of the Signatures City. MOVED BY STREDICKE, SECONDED BY TANNER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Councilwoman Keolker-Wheeler stated that she received correspondence from Police: Humane Society Nancy McKenney, Executive Director of the Humane Society, 13212 SE Kenneling Contract, Eastgate Way, Bellevue 98005, stating that their organization would like to CAG-93-020 work with the City to address issues including the number of stray animals in the City, and the'low rate of animals that are redeemed at their facility. MOVED BY KEOLKER-WHEELER, SECONDED BY STREDICKE, REFER THIS CORRESPONDENCE TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. AFFIDAVIT OF PUBLICATION • • Karen Tucker , being first duly sworn on.oath states that he/she is the Legal Clerk of the VALLEY DAILY NEWS 600 S. Washington Kent, WA. 98032 • a daily newspaper published six (6) times week. Said newspaper is a legal newspaper of general circulation and is now and has been for more„than six months prior to the date of publication referred to, printed and published in the , 7 English language continually as a daily newspaper in Kent, King County, Wash- . -------.77-7----, ' ington. The Valley Daily News has been approved as a legal newspaper by order CITY OF RENMN .WASHINGT'ON - . _ of f the Superior Court of the State of Washington for King County. SUMMARY OR:oRBIr�ANCE NO. 4413 - The notice in the exact form attached, was published in the Valley Daily News AN O WASHINGTON, N TON,:THE MENDING REN- not in supplement form) which was regularly distributed to the subscribers TON,, FINANCENAND SSING'TITLE (andPP 9 Y V, AND BUSINESS REGULA- during the below stated period. The annexed notice, a TIONS, OF ORDINANCE NO. 4260 ENTI- ' TLED "CODE OF GENERAL ORDINANC- ES OF THE CITY OF RENTON, Summary of Ordinance No - 4 4 1 3 WASHINGTON"BY ADDING CHAPTER 17 WHICH REGULATES CABLE COMMUNI- - CATIONS SYSTEM WITHIN THE CITY OF li RENTON. was published on 8—1 6-93 SECTION I. This ordinance modifies the '; cable communications system ordinance of the City of Renton and discusses the follow- The full amount of the fee charged for said foregoing publication is the sum of ing areas: , • SECTION: 79 . 60 • 5-17-1:Table of Contents $ 5-17-2: Definitions 5-17-3: Terms-of f ranchise �� 5-17-40gup it ca it onV, L , an -V. � 5-17-5: eng , Legal Clerk, Valley Daily News 5-17-6: Acceptance - 1 • 5-17-7: PPolice Powers- 1 5-17-8: Rules and Regulations by the City Subscribed and sworn before me this 1 6th dayof August ' i9 93 517-9: Technical Standards 5-17-10: Parental Control Devices • / 5-17-11: Construction Standards • �� 5-17-12: Construction Notification i, 5-17-13: Undergrounding and Landscaping 55-17-14: Construction in Right-of-Way 5-17-15: Safety Requirements •i Notary Public or the State of Washington 15-17-16: Buildi29 Moving residing at Auburn 5-17-17: Tree Trimming ', 5-17-18: Rates King County, Washington VDN#1164 Revised 7/92 AFFIDAVIT OF PUBLICATION • Karen Tnckpr , being. first duly sworn on oath states that he/she is the Legal Clerk of the • VALLEY DAILY NEWS 600 S. Washington Kent, WA. 98032 a daily newspaper published six (6) times week. Said newspaper is a legal • newspaper of general circulation and is now and has been for more than six months prior to the date of publication referred to, printed and publish.G'd in the English language continually as a daily newspaper in Kent, King County Wash- ington. The Valley Daily News has been approved as a legal newspaper by order of the Superior Court of the State of Washington for King County. - - - The notice"in the exact-form attached,-was published in the Valley Daily News (and not in supplement form) which was regularly distributed to the subscribers during the below stated period. The annexed notice, a Summary of Ordinance No . 4412 • • was published on 8-1 6-93 — — The full amount of the fee charged for said foregoing publication is the sum of r Su MARY OF ORDINANCETY OF RENTON, INGTON 4412 AN ORDINANCE OF THE CITY OF REN- $ 2 4 . 8 7 " TON, WASHINGTON, GRANTING TO TCI CABLEVISION OF WASHINGTON A Q A__satuk_. i FRANCHISE TO OPERATE A CABLE • COMMUNICATION SYSTEM WITHIN THE } Legal Clerk, Valley Daily News CITY OF RENTON. SECTION I.This ordinance grants a fran- chise to TCI Cablevision for a period of I fifteen years and establishes a present fran- Subscribed and sworn before me this 1 A t-h say of 19 9 3 d chise fee of 5% of gross revenue,with the ' f I' City retaining the right to raise the franchise ' fee if permitted by federal or state law.The /� `� franchise further defines the operational requirements upon the franchisee. SECTION II. A full test of this ordinance Notary Public or the State of Washington will be mailed,without charge,upon request residingat Auburn to the City ublic Date of Publication:August 16, 1993 King County, Washington Published in the Valley Daily News August 16, 1993. 9333 VDN#1164 Revised 7/92 / e � , CITY OF RENTON, WASHINGTON ORDINANCE NO. 4413 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE V, FINANCE ANDI BUSINESS REGULATIONS, OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADDING CHAPTER 17 WHICH REGULATES CABLE COMMUNICATIONS SYSTEMS WITHIN THE CITY OF RENTON. SECTION I. Title V, -Finance, and 'Bus'inessRegulations ;: of Ordinance No. 4260 entitled "Code of General' Ordnance`s; of;' the :City of Renton, Washington" ishereby amended,;by . adding• 'Chapter; 17 which reads as follows : CHAPTER .17 ." CABLE COMMUNICATION -SYSTEMS SECTION: 5-17-1 : Definitions 5-17-2 : Terms of Franchise 5-17-3 : Application 5-17-4: Hearing 5-17-5 : Acceptance 5-17-6 : Police Powers 5-17-7 : Rules and Regulations by the City 5-17-8 : Technical Standards 5-17-9 : Parental Control Devices 5-17-10 : Construction Standards 5-17-11 : Construction Notification 5-17-12 : Undergrounding and Landscaping 5-17-13 : Construction in Right-of-Way 5-17-14 : Safety Requirements 5-17-15 : Building Moving , 5-17-16 : Tree Trimming 5-17-17 : Rates 5-17-18 : Discounts 5-17-19 : Customer Service 5-17-20 : Telephone Response 5-17-21 : Failure to Improve Customer Service 5-17-22 : Franchise Fee 5-17-23 : Cable System Evaluation 5-17-24 : Periodic Meetings 5-17-25 : Record Inspection ORDINANCE NO. 4413 5-17-26 : Reports 5-17-27 : Programming 5-17-28 : Non-Discrimination 5-17-29 : Continuity of Service 5-17-30: Franchise Renewal 5-17-31 : Transfer of Ownership 5-17-32 : Removal & Abandonment of Property of Franchisee 5-17-33 : Revocation for Cause 5-17-34: Effect of Termination for Non-Compliance 5-17-35 : Indemnity & Hold Harmless 5-17-36 : Insurance 5-17-37 : , Performance'' Bond 5-17-38 : Franchising Costs 5-17-39 : Equalization of Civic Contributions 5-17-40 : Inconsistency. ... . . 5-17-41 : Severability-, Appendix, "A. Customer Service Standards 5-17-1 : •DEFINITIONS: (a) "Access channels" means free composite channels to be used for educational purposes and by government and public agencies and/or their representatives (commonly referred to as "PEG" channels) . (b) "The Act " means the Cable Television Consumer Protection and Competition Act of 1992, and any subsequent amendments . (c) "Addressability" means the ability of a system allowing a franchisee to authorize by remote control customer terminals to receive, change or to cancel any or all specified programming. (d) "Affiliate" means a condition of being united, being in ' close connection, allied, or attached as a member or branch. (e) "Applicant" means any person or entity that applies for a franchise. (f) "Basic cable" is the tier of service regularly provided to all subscribers that includes the retransmission of local broadcast television signals . 2 ORDINANCE NO. 4413 (g) "Cable services" means (i) the one-way transmission to subscriber of video programming or other programming service, and (ii) subscriber interaction, if any, which is required for the selection by the subscriber of such video programming or other programming service. (h) "Channel" means a single path or section of the spectrum which carries a television signal . (1) "Character generator" means a device used to' generate alpha numerical programming to be cablecast on a cable channel.. (j ) "City" means the City of Renton, a municipal corporation of the State of Washington. (k) "Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service and other service to subscribers . (1) "Council" means the present governing body of the City or any future board constituting the legislative body of the City. (m) "Data Communication" means ( 1 ) the movement of encoded information by means of electrical or electronic transmission systems; (2 ) the transmission of data from one point to another over communications channels . (n) "Dwelling units" means residential living facilities as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple family residential units . 3 )RDINANCE NO. 4413 (o) "FCC" means the Federal Communications Commission, a regulatory agency of the United States government. (p) "Franchise" shall mean the initial authorization, or renewal thereof, issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate or otherwise, which authorizes construction and operation of the cable system for the purpose of offering cable service or other service to subscribers . (q) "Franchisee" means the person, firm or corporation to whom or which a franchise, as herein above defined, is granted by the Council under this Ordinance and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in City ordinance. (r) "Gross revenues" means any and all receipts and revenues received directly or indirectly from all sources other than transactions related to real property receipts by a franchisee not including any taxes on services furnished by a franchisee, imposed on any subscriber or used by any governmental unit, agency or instrumentality and collected by a franchisee for such entity provided also that net uncollectible debts are not considered as revenue in this definition. (s) "Headend" means the electronic equipment located at the start of a cable system, usually including antennas, preamplifiers, frequency converters, demodulators and related equipment. (t) "High Definition Television (HDTV) " means a television system that will provide sharper picture definition than the current U. S. Standards, 525 lines per frame. 4 ORDINANCE NO. 4413 { (u) "Insertion point(s) " means location(s) where institutional programming can be in1itiated for distribution throughout the secured portion of the subscriber network. (v) "Installation" means the connection of the system from feeder cable to subscribers ' terminals . (w) "Institutional services" means a cable communications system designated principally for the provision of non-entertainment services to schools, public agencies or other non-profit agencies, separate and distinct from the subscriber network, or on secured channels of the subscriber network. (x) Interactive services means services provided to subscribers where the subscriber either (i) both receives information consisting of either television - or other signals and transmits signals generated by the subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; or (ii) transmits signals to any other location for any purpose. (y) "NCTA" means the Naional Cable Television Association (z) "Office" means the person or entity designated by the City as being responsible for the administration of a franchise for the City. (aa) "Operator" means the person, firm or corporation to whom a franchise is granted, pursuant to the provisions of this Ordinance. (bb) "Premium services" means programming over and above those provided by basic services for which there is additional charge. 5 ORDINANCE NO. 4413 (cc) "Property of Franchisee" means all property owned, installed or used by a franchisee in the conduct of its business in the City under the authority of a franchise granted pursuant to this Ordinance. (dd) "Proposal" means the response, by an individual or organization, to a request by the City regarding the provision of cable services; or an unsolicited plan submitted by an individual or organization seeking to provide cable services in the City. (ee) "Public way" means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway, way, lane, drive, circle or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or rights- of-way dedicated for compatible uses and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the City in the service area which shall entitle the City and a franchisee to the use thereof ' for the purpose. of installing, operating, repairing and maintaining the cable system. Public way shall also mean any easement now or hereafter held by the City within the service area for the purpose of public travel, or for utility or public service use dedicated for compatible uses, and shall include other easements or rights-of-way as shall within their proper use and meaning entitle the City and a franchisee to the use thereof for the purpose of installing or transmitting franchisee' s cable service or other service over poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, compliances, attachments 6 1 ORDINANCE NO. 4413 and other property as may be ordinarily necessary and pertinent to the cable system. (ff) "Subscriber" means a person or entity or user of the cable system who lawfully receives cable services or other service therefrom with franchisee' s express permission. 5-17-2 : TERMS OF FRANCHISE: (a)AUTHORITY TO GRANT FRANCHISES OR LICENSES FOR CABLE TELEVISION: It shall be unlawful to engage in or commence construction, operation, or maintenance of a cable communications system without a franchise issued under this Ordinance. The Council may, by ordinance, award a non-exclusive franchise to construct, operate and maintain a cable communications system which complies with the terms and conditions of this Ordinance. Any franchise granted pursuant to this Ordinance shall be non- exclusive and shall no preclude the City from granting other or further franchises or permits or preclude the City from using any roads, rights-of-way, streets, or other public properties or affect its jurisdiction over them or any part of them, or limit the full power of the City to make such changes, as the City shall deem necessary, , including the dedication, establishment, maintenance, and improvement of all new rights-of-way and thoroughfares and other public properties . However, any such changes shall not materially or substantially impair the rights granted a franchisee pursuant to this Ordinance. All franchises granted subsequent toithe effective date of this Master Cable Ordinance shall be granted consistent with the terms and conditions of this Ordinance. I 7 >RDINANCE NO. 4413 (b) INCORPORATION BY REFERENCE: The provisions of this Ordinance shall be incorporated by reference in any franchise ordinances or licenses approved hereunder. The provisions of any proposal submitted and accepted by the City shall be incorporated by reference in the applicable franchise. However, in the event of any conflict between the proposal, this Ordinance and the franchise, the franchise shall be the prevailing document. (c)NATURE AND EXTENT OF THE FRANCHISE: Any franchise granted hereunder by the City shall authorize a franchisee, subject to the provisions herein contained: ( 1) To engage in the business of operating and providing cable service and the distribution and sale of such service to subscribers within the City; (2 ) To erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any street, such amplifiers and appliances, lines, cables, conductors, vaults, manholes, pedestals, attachments, supporting structures, and other property as may be necessary and appurtenant to the cable communications system; and, in addition, so to use, operate and provide similar facilities, or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other franchisee franchised or permitted to do business in the City. No privilege or exemption shall be granted or conferred upon a franchisee by any franchise except those specifically prescribed therein, and any use of any street shall be consistent with any prior lawful occupancy 8 ORDINANCE NO. 4413 of the street or any subsequent improvement or installation therein. (d) TERM OF FRANCHISE: The City shall have the right to grant a franchise for a period of time most appropriate to the circumstances of the particular grant. 5-17-3 : APPLICATION: An applicant for an initial franchise to construct, operate, and maintain a cable communications system within the City shall file an I application in a form prescribed by the City, accompanied by a non- refundable filing fee in the amount to be determined by the City. 5-17-4 : HEARING: Prior to the granting of a franchise, the City Council shall conduct a public hearing to determine the following: (a) That the public will be benefited by the granting . of a franchise to the Applicant; (b) That the Applicant has requisite financial and technical 1 resources and capabilities to build, operate and maintain a cable television system in the area; (c) That the Applicant has no conflicting interests, either financial or commercial, which will be contrary to the interests of the City; (d) That the Applicant will comply with all terms and conditions placed upon a franchisee by this Ordinance; (e) That the Applicant is capable of complying with all relevant Federal, State, ands local regulations pertaining to the construction, operation and maintenance of the facilities and systems incorporated in its application for a franchise; 9 _ORDINANCE NO. 4413 • (f) The capacity of public rights-of-way to accommodate the cable system; (g) The present and future use of the public rights-of-way to be used by the cable system; and (h) The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resultant inconvenience which may occur to the public. 5-17-5 : ACCEPTANCE: (a) No franchise granted pursuant to the provisions of this Ordinance shall become effective unless and until the ordinance granting same has become effective. (b)Within sixty ( 60) days after the effective date of the Ordinance awarding a franchise, or within such extended period of time as the Council in its discretion may authorize, a franchisee shall file with the City Clerk its written acceptance of the franchise, in a form satisfactory to the City, Attorney, together with the bond and insurance policies required by Sections 36 Insurance and 37 Performance Bond herein. 5-17-6 : POLICE POWERS: In accepting any franchise, a franchisee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power so long as such regulations do not materially increase the burden or impair the rights of the franchise hereunder. 10 ORDINANCE NO. 4413 5-17-7 : RULES AND REGULATIONS HY THE CITY: (a) In addition to the inherent powers of the City to regulate and control any franchise it issues, the authority granted to it by the Act, and those powers expressly reserved by the City, or agreed to and provided for in a franchise, the right and power is hereby reserved by the City to promulgate such additional regulations as it may find necessary in the exercise of its lawful powers . (b) The City Council reslerves the right to delegate its authority for franchise administration to a designated agent. 5-17-8 : TECHNICAL STANDARDS: (a) Subject to Federal, State and local law, a franchisee shall comply with FCC rules, Part 76, Subpart K, Section 76 . 601 through 76 . 610 as amended, hereafter, and, at the minimum, the following: ( 1)Applicable City, County, State and National/Federal Codes and Ordinances; (2 )Applicable Utility Joint Attachment Practices; (3) The National Electric Safety Code; ANSI C2; (4) Local Utility Code Requirements; (5) Local Rights-of-Way Procedures; (b) PREVENTIVE MAINTENANCE: A comprehensive routine preventive maintenance program shall be developed, effected, and maintained to ensure continued top quality cable communications operating standards in conformance with FCC Regulations Part 76 or as may be amended. 5-17-9 : PARENTAL CONTROL DEVICES: A franchisee will make ;available at its cost including applicable 11 ORDINANCE NO. 4413 handling fees a device by which the subscriber can prohibit viewing of a particular cable service during periods selected by that subscriber. 5-17-10 : CONSTRUCTION STANDARDS: All facilities constructed under this Ordinance shall be placed and maintained at such places and positions in or upon such streets, avenues, alleys and public places as shall not interfere with the passage of traffic and the use of adjoining property, and shall conform to the applicable section of the National Electrical Code, codes of the State of Washington, and City Codes 9-10, 4-23, and other regulations pertaining to such construction. A franchisee 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. 5-17-11 : CONSTRUCTION NOTIFICATION: A construction permit shall be required prior to any construction within public ways, which shall include an approval/inspection fee per City Code 9-10-3 (C) . Upon application for each construction permit a franchisee will submit to City its plan for advance notification for the proposed construction project. In the event ' that an emergency situation arises which precludes such advance notification, a franchisee shall subsequently inform the City of the nature of the extraordinary event and the action taken. 5-17-12 : UNDERGROUNDING AND LANDSCAPING: A franchisee shall fully comply with City Code 4-23 pertaining to the underground installation of utility lines and the use of joint trenches with other utilities where feasible. In those areas and 12 ORDINANCE NO. 4413 • portions of the City where the transmission or distribution facilities of the public , utility providing telephone service or those of the facility providing electric service are underground or hereafter may be placed , underground, then a franchisee shall likewise construct, operate and maintain all of its transmission and distribution facilities lin the same area underground. All activities shall be conducted in coordination with other utilities but not necessarily in the same trench. Amplifiers and associated equipment in a franchisee ',s transmission and distribution lines may be in appropriate housing upon the surface of the ground. Where undergrounding ills required as a result of a City street improvement project, the City shall provide trenching for underground installation of cable. 5-17-13 : CONSTRUCTION IN RIGHT-OF-WAY: Whenever, in the sole opinion of the City, any of a franchisee ' s facilities or equipment need to be relocated or altered due to a construction or repair project by the City in a public way, a franchisee shall move or relocate said facilities or equipment within thirty (30) days from receiving written notice from the City. However, in the event such relocation is required due to emergency 1 repairs deemed necessaryby the City, such relocation or moving shall be accomplished within twenty-four (24) hours . Any relocation or alteration of a franchisee ' s facilities or equipment required under this section shall be at the sole expense of a franchisee. 5-17-14 : SAFETY REQUIREMENTS: (a)A franchisee, in accordance with applicable National, State, and Local safety requirements shall, at all times, employ 13 ORDINANCE NO. 4413 ordinary care and shall install and maintain and use commonly accepted methodsand devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public. (b)All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a franchise area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. (c) The City reserves the general right to see that the system of a franchisee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with a franchisee, establish a reasonable time for a franchisee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from a franchisee. 5-17-15: BUILDING MOVING: Whenever any person shall have obtained permission from the City to use any street for the purpose of moving any building, a franchisee, upon seven (7 ) days written notice from the City, shall raise or remove, at the expense of the permittee desiring to move the building, any of a franchisee ' s wires which may obstruct the removal of such building; provided, that the moving of such building shall be done in accordance with regulations and general ordinances of the City. Where more than one street is available for the' moving 14 ORDINANCE NO. 4413 • of such building, the building shall be moved on such street as shall cause the least interference. In such event, the City shall be responsible for determining the path of least interference. It is further provided that the person or persons moving such building shall indemnify and save harmless said franchisee of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly fort such temporary arrangement of the lines and poles of a franchisee. 1 5-17-16 : TREE TRIMMING: Upon approval of the Director of Public Works or, where appropriate, the Director of Parks and Recreation, a franchisee shall have the authority to trim trees upon and overhanging streets, public ways and public places in the Franchise Area so as to prevent the branches of such trees from coming into contact with a franchisee ' s wires and cables, and if necessary, to clear a microwave path. A franchisee shall be responsible for debris removal from such activities . Failure to remove debris after a reasonable time shall result in the debris being removed by the City and the costs involved charged to the franchisee. 5-17-17 : RATES: Within sixty (60) days after the grant of any franchise hereunder, a franchisee shall file with the City a complete schedule of all rates to be charged to all subscribers . Prior to implementation, of any change in rates or charges for any service or equipment provided by a franchisee, the franchisee shall provide the City and all subscribers a minimum of thirty (30 ) days prior written notice of such change. 15 ORDINANCE NO. 4413 Subject to Federal, State and local law, the City may regulate the approval of increases of rates or charges for providing cable service and prescribe reasonable rate approval procedures . 5-17-18 : DISCOUNTS: A franchisee shall offer a discount of thirty percent (30%) from the normal charge for basic services and installation to those individuals age sixty-two (62 ) or older or disabled who are the legal owner or lessee/tenant of their residence provided that their combined disposable income from all sources does not exceed the Housing and Urban Development (HUD) standards for the Seattle- Everett area for the preceding calendar year. The City or its designee shall be responsible for certifying to a franchisee that such applicants conform to the specified criteria. 5-17-19 : CUSTOMER SERVICE: A. A franchisee shall render repair service to restore the quality of the signal at approximately the same standards existing prior to the failure or damage of the component causing the failure and make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during a period of minimum use of the system. A log of all service interruptions shall be maintained for at least a period of one year. The City, after two (2 ) working days ' notice, may inspect such logs . B. An employee of a franchisee shall answer and respond to all individual complaints received no later than 5 : 00 p.m. weekdays . A franchisee may use an answering service to receive complaints 16 o- • ` .' ORDINANCE NO. 4413 _ after 5 : 00 p.m. weekdays and on weekends and holidays and will respond to any system outage affecting more than five subscribers . A copy of the instructions to the answering service by a franchisee shall be furnished to the City or its designee. C. A technician shall be on call seven (7 ) days a week, twenty- four (24) hours a day. A franchisee shall respond immediately to service complaints in an efficient manner. D. A franchisee shall maintain a sufficient repair force to respond to individual requests for repair service within two (2 ) working days after receipt of the complaint or request, except Saturday, Sunday and legal holidays . All complaints shall be resolved within seven (7 ) days, to the extent reasonable. If a 1 subscriber has notifie a franchisee of an outage, no charge for the period of the outage shall be made to the subscriber if the subscriber was without service for a period exceeding twenty-four (24) hours, unless the outage was due to Acts of God, force majeure or circumstances reasonably beyond a franchisee ' s ability to control. E. A franchisee shall supply at the time of a new connection, and periodically at least once a year, the title, address, and telephone number of the City official or his/her designee, to whom system subscriber may direct their concerns . F. In no case will a Franchisee ' s service standards fall below the standards established by the National Cable Television Association (NCTA) which are attached herein as Appendix A and part of this Ordinance 'or any FCC regulation. 17 IRDINANCE NO. 4413 5-17-20 : TELEPHONE RESPONSE: • A franchisee shall maintain an adequate force of customer service representatives as well as incoming trunk lines so that telephone inquiries are met promptly and responsively. A franchisee shall have in place procedures for utilization of other manpower and/or recording devices for handling the flow of telephone calls at peak periods of large outages or other major causes of subscriber concern. A copy of such procedures and/or policies shall be made available to the City. In order that the City may be informed of a franchisee ' s success in achieving satisfactory customer relations in its telephone answering functions, a franchisee shall, upon request by the City, and routinely no less than quarterly, provide the City with a summary that will provide, at a minimum, the following: (a) Total Number of calls received in a reporting period; (b) Time taken to answer; (c)Average talk time; (d) Number of calls abandoned by the caller; (e)Average hold time; (f) Percentage of time all lines busy; (g)An explanation of any abnormalities. This data will be compared to minimum standards of the NCTA being incorporated herein by reference or any amendment thereto increasing such NCTA standards, and shall be monitored by the City. Calls for service generated during period of system outages due to emergency affecting more than twenty-five (25) customers may be excluded from the service response calculations . The City shall 18 O ORDINANCE NO. 4413 • have the sole determination as to what constitutes a system failure due to emergency and which calls shall be excluded from the service level calculations . 5-17-21 : FAILURE TO IMPROVE CUSTOMER SERVICE: The City or its designee shall review telephone response and customer service information with a franchisee. It will be assumed that improvements will be made by the franchisee in the appropriate categories which were found deficient in Sections 19 Customer Service and 20 Telephone 'Response from the last reporting period. Failure to do so may result in the calling of a public hearing by the City Council for the purpose of examining the reasons, if any, why such improvements wereinot achieved by a franchisee. An unsatisfactory record will result in the hearings being made part of an exhibit underiSection 626(c) ( 1) (A) and (B) of the Act alleging that such practices have failed to conform with future refranchising requirement's as stated therein. In addition a franchisee ' s Corporate office shall be advised of the City' s findings . 5-17-22 : FRANCHISE FEE: Recognizing that current Federal law limits a franchise fee to five percent, a franchisee shall pay to the City quarterly, on or before the thirtieth (30th) day of each January, April, July and October, a sum equal to ' five percent (5%) of gross revenues as defined herein for the preceding three months . Such remittances shall be accompanied by forms furnished by the City to report detailed information as to the sources of such income. 19 JRDINANCE NO. 4413 5-17-23 : CABLE SYSTEM EVALUATION: In addition to periodic meetings, the City may require reasonable evaluation sessions at• any time during the term of a franchise. It is intended that such evaluations cover areas such as customer service, response to the community' s cable-related needs, and a franchisee ' s performance under and compliance with the terms of a franchise. During an evaluation session, a franchisee shall fully cooperate with the City and shall provide without cost such reasonable information and documents as the City may request to perform evaluations . If the City has concerns because of uncorrected reoccurring problems with the franchisee ' s cable system it may retain an independent consultant to conduct an analysis of the cable system and its performance and submit a report of such analysis to the City. The City shall take into consideration any efforts taken to correct such deficiencies . The report prepared by the consultant in response to the City' s request for a system evaluation shall include: (a)A description of the technical problem in cable system performance which precipitated the special tests; (b)What cable system components were tested; (c) The equipment used and procedures employed in testing; (d) The method, if any, by which specific performance problems may be resolved; (e)Any other information pertinent to said tests and analyses which may be required by the City, or determined when the test is 20 ORDINANCE NO. 4413 performed. If the tests indicate that the system is not in compliance with FCC standards or the requirements of the Franchise, a franchisee shall reimburse the City for any costs involved in conducting such tests, such as consultant fees or other expenses . Such fees or expenses shall not exceed two thousand five hundred dollars ( $2,500 . 00) for each evaluation. 5-17-24 : PERIODIC MEETINGS: Upon request, a franchisee shall meet with designated City officials and/or designated representative(s) to ' review the performance of a franchisee for the preceding period. The subjects may include, but are not limited to, those items covered in the periodic reports and performance tests . 5-17-25 : RECORD INSPECTION: Subject to statutory and constitutional limits and two working days ' advance notice, the City reserves the right to inspect the records of a franchisee necessary for the enforcement of a franchise and verification of the accuracy of franchise fee payments at any time during normal business hours provided that the City shall maintain the confidentiality of any trade secrets or other proprietary information in the possession of a franchisee. Such documents shall include such information as financial records, subscriber records within the context of Section 631 of the Act , and plans pertaining to a ;franchisee ' s operation in the City. 5-17-26 : REPORTS: A franchisee shall furnish, upon request, a report of its activities as appropriate) Such report shall include: 21 )RDINANCE NO. 4413 I A. Most recent annual report. • B. A copy of the 10-K Report, if required by thel Securities and Exchange Commission. C. The number of homes passed. D. The number of subscribers with basic services . E. The number of subscribers with premium services . F. The number of hook-ups in period. G. The number :of disconnects in period. H. Total number of miles of cable in City. I . Summary of complaints received by category, length of time taken to resolve and action taken to provide resolution. J. A statement of its current billing practices, and a sample copy of the bill format. K. A current copy of its subscriber service contract. L. Report on Operations - Such other reports with respect to its local operation, affairs, transactions or property that may be appropriate. 5-17-27 : PROGRAMMING: For informational purposes a franchisee shall file a listing of its programming and the tiers in which they arae placed. A franchisee shall consider the City' s suggestions of general program categories as determined from time to time in residential questionnaire polls . The results of initial such surveyswill be appended to the respective franchise ordinances . 5-17-28 : NON-DISCRIMINATION: A franchisee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any 22 • ORDINANCE NO. 4413 preferences or advantage to any person nor subject any person to any prejudice or disadvantage; provided, that nothing in this Ordinance shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classification would be entitled, and provided further that connection and/or service charges may be waived or modified during promotional campaigns of a franchisee. A franchisee will not deny access to cable communications service to any group of potential residential subscribers because of the income of the residents of the local area in which the group resides . 5-17-29 : CONTINUITY OF SERVICE: It shall be the right of all subscribers to continue receiving service so long as their financial and other obligations to a franchisee are fulfilled. (a) In this regard a frlanchisee shall act so far as it is within its control to ensure that all subscribers receive continuous uninterrupted service during the term of the franchise. (b) In the event a franchisee fails to operate a system for seventy-two (72 ) continuous and consecutive hours without prior notification to and approval of the City Council or without just cause such as an impossibility to operate the system because of the occurrence of an act of God or other circumstances reasonably beyond a franchisee ' s control, the City may, after notice and an opportunity for a franchisee to commence operations at its option, operate the system or designate someone to operate the system until such time as a franchisee restores service to 23 ORDINANCE NO. 4413 conditions acceptable to the City Council or a replacement franchisee is selected. If the City is required to fulfill this obligation for a franchisee, a franchisee shall reimburse the City for all reasonable costs or damages in excess of revenues from the system received by the City that are the result of a franchisee ' s failure to perform. 5-17-30 : FRANCHISE RENEWAL: The provisions of Section 626 of the Act or other applicable Federal or State law will govern the actions of the City and a franchisee in proceedings relating to franchise renewal . The City expressly reserves the right to establish guidelines and monitoring systems in accordance with the provisions of the Act to measure the effectiveness of a franchisee ' s performance during the term of such franchise. 5-17-31 : TRANSFER OF OWNERSHIP: A franchisee ' s right, title, or interest in the Franchise shall not be sold, transferred, assigned, or otherwise encumbered, other than to an Affiliate, without the prior consent of the Franchising Authority, such consent not to be unreasonably withheld. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest of the franchisee in the Franchise or Cable System in order to secure indebtedness . Approval shall not be required for mortgaging purposes provided that the collateral does not specifically affect the assets of this franchise, or if the said transfer is from a franchisee to another person or entity controlling, controlled by, or under common control with a 24 ORDINANCE NO. 4413 - franchisee. In any transfer of a franchise requiring City approval, the applicant must show technical ability, financial capability, legal and general qualifications as determined by the City. Applicant must agree to comply with all provisions of the franchise. Costs associated with the transfer process shall be reimbursed to the City. An assignment of a franchise shall be deemed to occur if there is an actual change in control or where ownership of fifty percent (50%) or more of the ben ficial interests, singly or collectively, are obtained by other parties . The word "control" as used herein is not limited to majority stock ownership only, but includes actual working control in whatever manner exercised. Regardless of the circumstances, a franchisee shall promptly notify the City prior Ito any proposed change, transfer, or acquisition by any other party of a franchisee ' s company. In the I event that the City adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the franchise. 5-17-32 : REMOVAL & ABANDONMENT OF PROPERTY OF FRANCHISEE: The City may direct al franchisee to temporarily disconnect or bypass any equipment of a franchisee in order to complete street i construction or modification, install and remove underground 1 utilities, or for otherlreasons of public safety and efficient operation of the City. 1 Such removal, relocation or other requirement shall be at the sole expense of a franchisee. In the eventthat they use of any part of the cable system is I 25 ' , ORDINANCE NO. 4413 discontinued for any reason for a continuous period of twelve ( 12) months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the Franchise or other City ordinances or the Franchise has been terminated, canceled or has expired, a franchisee shall promptly, upon being given ten ( 10) days ' notice, remove within ninety (90) days from the streets or public places all such property and poles of such system other than any which the City may permit to be abandoned in place. In the event of such removal, a franchisee shall promptly restore the street or other areas in accordance with local regulations and standards from which such property has been removed to a condition similar to that existing before such removal and satisfactory to the City. Such approval shall not be unduly withheld. Any property of a franchisee remaining in place ninety (90) days after the termination or expiration of the franchise shall be considered permanently abandoned. The City may extend such time not to exceed an additional ninety (90) 'days. Any property of a franchisee to be abandoned in place shall be abandoned in such manner as the City shall prescribe. Upon permanent abandonment of the property of a franchisee in place, the property shall become that of the City, and a franchisee shall submit to the City Clerk an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property. None of the foregoing affects or limits franchisee ' s rights to compensation for an involuntary abandonment of its property under State, or Federal law. In the event the City and a 26 ORLNANCE NO. 4413 franchisee are unable to agree as to whether an abandonment is voluntary for the purposes of this section either party may invoke arbitration to resolve such question. 5-17-33 : REVOCATION FOR CAUSE: If a franchisee willfully violates or fails to comply with any of the material provisions of this franchise, the City shall give written notice to a franchisee of the alleged non-compliance of its franchise. A franchisee shall have forty-five (45) days from the date of notice of non-compliance to cure such alleged default or, if such default cannot be cured within forty-five (45) days, to present to the City a pl n of action whereby such 'default can be promptly cured. If such default continues beyond the applicable dates agreed to for such cure, the City shall give a franchisee written notice that all rights conferred under this Ordinance and its franchise may be revoked or terminated by the Council after a public hearing. A franchisee shall be entitled to not less than thirty (30) days ' prior notice of the date, time and place of the public hearing. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compellinga franchisee to comply with the provisions of the franchise and recover damages and costs incurred by the City by reason of a franchisee ' s failure to comply. 5-17-34 : EFFECT OF TERMINATION FOR NON-COMPLIANCE: Subject to State and Federal law, if any franchise is terminated by the City by reason of a franchisee ' s non-compliance, that part of 27 )RDINANCE NO. 4413 the system under such franchise located in the streets and public property, shall, at the election of the City, become the property of the City at a cost consistent with the provisions of Section 627 (b) ( 1 ) of the Act. If the City, or a third party, does not purchase the system, a franchisee shall, upon order of the City Council, remove the system as required under Section 32 Removal and Abandonment of Property of Franchisee of this Ordinance. 5-17-35 : INDEMNITY & HOLD HARMLESS: A franchisee will indemnify and hold harmless the City from any and all liabilities, fees, costs and damages, except in the case of judicially determined gross negligence and/or willful misconduct of the City, whether to person or property, or expense of any type or nature which may occur to the City by reason of the construction, operation, maintenance, repair and alteration of a franchisee ' s facilities or any other actions of a franchisee in the City. In any case in which suit or action is instituted against the City by reason of damage or injury caused by a franchisee, the City shall cause written notice thereof to be given to a franchisee and a franchisee thereupon shall have the duty to appear and defend any such suit or action, without cost or expense to the City. 5-17-36 : INSURANCE: A franchisee shall, concurrently with the filing of an acceptance of award of any franchise granted hereunder, furnish to the City and file with the City Clerk and at all times during the existence of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, for the purpose of protecting the City and all 28 ORDINANCE NO. 4413 persons against liability for loss or damage, for personal injury, death and property damage, and errors or omissions, occasioned by the operations of a franchisee under such franchise, such policy to provide minimum limits of one million dollars ($1, 000, 000 .00) for both personal injury and/ r property damage. The policies mentioned in the foregoing paragraph shall name the City as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City thirty (30) days in advance of the effective date there1f. If such insurance is provided by a policy which also covers a franchisee or any other entity or person other than those above named, then such policy shall contain the standard cross-liability endorsement. 5-17-37 : PERFORMANCE BOND:, A franchisee shall promptly repair or cause to be repaired any damage to City property caused by a franchisee or any agent of a franchisee. A franchisees shall comply with all present and future ordinances and regulations regarding excavation or construction and, if deemed necessary by the City, shall be required to post a performance bond or other surety acceptable to the City in an amount specified by the City in favor of the City warranting that all restoration work will be (done promptly and in a workmanlike manner and that penalties, if any, after final adjudication are paid to the City within ninety (90) days of such finding. 5-17-38 : FRANCHISING COSTS: A franchisee shall pay to the City upon acceptance of any franchise granted hereunder, the City' s out-of-pocket costs 29 _IRDINANCE NO. 4413 associated with the franchising process. The City shall provide the franchisee an itemization of its anticipated costs . Such payment is in addition to franchise fee payments . Payment is due within thirty (30) days of receipt of appropriate invoice from the City. 5-17-39.: EQUALIZATION OF CIVIC CONTRIBUTIONS: In the event of one or more franchises being granted the City may require that such subsequential franchisees pay to the City an amount proportionally equal to franchising costs contributed by the initial franchisee. These costs may include but are not limited to such features as access and institutional network costs, bi- directional or equivalent cable installed to municipal buildings and similar expenses . On the anniversary of the grant of each later awarded franchise, such franchisees shall pay to the City . an amount proportional to the amount contributed by the original franchisee, based upon the amount of subscribers held by such franchisees . Additional franchisees shall provide all PEG access channel( s ) and emergency override systems currently available to the subscribers of existing franchisees . In order to provide these access channels, additional franchisees may interconnect, at their cost, with existing franchisees, subject to any reasonable terms and conditions that the existing franchisee providing the interconnection may require. These interconnection agreements shall be made directly between the franchisees . . The City Council, in such cases of dispute of award, may be called upon to arbitrate regarding these arrangements . 30 ' ORDINANCE NO. 4413 5-17-40 : INCONSISTENCY: If any portion of this Ordinance should be inconsistent or conflict with any rule or regulation now or hereafter adopted by the FCC or other Federal law, then to the extent of the inconsistency or conflict, the rule or regulation of the FCC or other Federal law shall control for so long, but only for so long, -as such rule, regulation, or law shall remain in effect; provided the remaining provisions of this Ordinance shall not be effected thereby. 5-17-41 : SEVERABILITY: Each section, subsection or other portion of this Ordinance shall be severable and the inva idity of any section, subsection, or other portion shall not invalidate the remainder. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty days after publication. PASSED BY THE CITY COUNCIL this 9th day of August , 1993 . - - , .d / / _,.4u. e , Marily li etersen, City Clerk APPROVED BY THE MAYOR this lay of August , 1993 . (Ti&AI, rl Clymer, - or Approved a to form: Lawr ce J. Warre , City Attorney Date of Publication: August 16, 1993 ORD. 290 :4/26/93 :as . 31 ORDINANCE NO. 4413 APPENDIX A RECOMMENDED CABLE INDUSTRY CUSTOMER SERVICE STANDARDS February 14, 1990 The cable industry is dedicated to providing our customers a consistently high level of service. We are committed to ensuring that our customers receive a variety of quality programming: reliable, clear signals : and prompt, courteous service. To that end, we, as industry, have voluntarily adopted the following Standards of Customer Service. Each community and each cable system are different and a reasonable flexibility should be employed in applying these standards : rigidity will hamper rather than help good customer service. We are confident, however, that the cable industry as a whole will implement these voluntary standards by July 1991, and recommend them for overall operational use by that date. 1 . Office and Telephone Availability A. Knowledgeable, qualified company representatives will be available to respond to customer telephone inquiries Monday through Friday during normal business hours . Additionally, based on community needs, cable systems will staff telephones for supplemental hours on weekdays and/or weekends . B. Under normal operating conditions, telephone answer time by a customer service representative, including wait time, and the time required to transfer the call, shall not exceed 30 seconds . Those systems which utilize automated answering and distributing equipment will limit the number of routine rings to four or fewer. Systems not utilizing automated equipment shall make every effort to answer incoming calls as promptly as the automated systems . This standard shall be met no less than ninety percent of the time measured on an annual basis . * C. Under normal operating conditions, the customer will receive a busy signal less than three percent of the total time that the cable office is open for business . D. Customer service center and bill payment locations will be open for transactions Monday through Friday during normal business hours . Additionally, based on community needs, cable systems will schedule supplemental hours on weekdays and/or weekends during which these centers will be open. 2 . Installation, Outages and Service Calls 32 • ORDINANCE NO. 4413 Under normal operating conditions, each of the following four standards will be met no less than 95% of the time measured on an annual basis . A. Standard installations will be performed within seven business days after an order has been placed. "Standard" installations are up to 125 feet from the existing distribution system. B. Excluding those situations beyond the control of the cable operator, the cable operator will respond to service interruptions promptlypand in no event later than 24 hours . Other service problems will be responded to within 36 hours . during the normal work week. C. The appointment window alternatives for installations service calls, and other installation activities will be (a) morning, (b) afternoon, or (c) all day during normal business hours . Idditionally, based on community needs, cable systems will schedule supplemental hours during which appointments can be set. D. If, at any time an installer or technician is running late, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer. y 3. Communications, Bills and Refunds A. The cable company will provide written information in each of the following areas at the time of installation and at any future time upon request: o products and services offered o prices and service options o installation and service policies o how to use the cable service I B. Bills will be clear, concise and understandable. C. Refund checks will be issued promptly, but no later than the earlier of 45 days or the customer' s next billing cycle following the resolution of the request, and the return of the equipment supplied by the cable company if service is terminated. I D. Customers will be notified a minimum of 30 days in advance of any rate or channel change, provided the change is with in the control of the cable operator. i *In certain smaller cable systems with fewer than 10, 000 subscribers, systematic measurement of compliance with some of 33 ORDINANCE NO. 4413 these standards (e.g. telephone answering time) will not be cost effective and should not be expected. 34 CITY OF RENTON, WASHINGTON ORDTNANCE NO. 4412 AN ORDINANCE OF •THE CITY OF RENTON, WASHINGTON, GRANTING TO TCI SEATTLE, INC. A FRANCHISE TO OPERATE A CABLE COMMUNICATION SYSTEM WITHIN THE CITY OF RENTON. Table of Contents: Section 1 . Purpose 2 . Length of Franchise 3 . Service Area 4 . Franchise Fee 5 . Future Provisions 6 . Access Channels 7 . Government Access Equipment 8 . Institutional Networks • 9 . Emergency Override 10, Emergency Power 11 . Coverage 12 . Cable Availability 13 . Extraordinary Installation 14 . Distribution Line Extension Charges 15 . Public Buildings 16 . Penalties 17 . Independent Contractors 18 . Entire Agreement 19 . Successors or Assigns 20 . Acceptance 21 . Effective Date ORDINANCE NO. 4412 - 22 . Notice • Appendix "A" I Access Studio and Equipment Appendix "B" Building Locations Appendix "C" Public Schools Appendix "D" Programming Survey Section 1 : Purpose. This Franchise shall constitute an agreement between the City of Renton (hereinafter the "City" ) and TCI Seattle, Inc . (hereinafter the "Operator" ) . The Operator promises to construct, maintain, and operate a cable television system for the distribution of television and other electronic signals pursuant to the terms of this Franchise. The City agrees to grant the Operator all necessary. ..rights and privileges to use - public rights of way necessary for a • cable -television—system. This agreement shall, as- of its effective date, •supersede and replace all existing franchises previously grantedby the City of 'Renton to the. Operator or any of its predecessors, subsidiariesior affiliated companies . Section 2 : Length of. ,Franchise. The length of this Franchise shall be for a term of fifteen ( 15) years from September 13 , 1993. through midnight September 13, 2008. Section- 3 : Service Area. The Operator ' s service area shall be the entire incorporated area of the City of Renton; in its present incorporated form or in any later reorganized, consolidated, enlarged, or re-incorporated • form. 2 ORDINANCE NO. 4412 Section 4: FranchiselFee. Recognizing that curr{nt Federal law limits a franchise fee to five percent (5%) , the Operator shall pay to the City quarterly, on or before the thirtieth ( 30th) day of each January, April, July and October, a sum equal to five percent (5%) of gross revenues , for the preceding three calendar months, as defined in Ordinance 4413 Revenues that are derived as a portion of a national or regional service shall be computed on a per subscriber basis if such determination cannot be achieved by other means . The City may raise the franchise fee, if so permitted by Federal and State law. Prior to implementation of any increase in franchise fees the Operator may request • a public hearing by the City Council to discuss said increases . Following such .a hearing the City Council may require the implementation of such increase in accordance with the provisions of this Ordinance . (a) Late Payment. Any quarterly franchise fee not paid by the Operator within thirty (30 ) days of the end of a quarter shall bear interest at the rate of twelve percent ( 12% ) , per annum or whatever maximum amount its allowed under State law, whichever is greater, from the due date until paid. (b) Financial Reports . Each franchise fee payment shall be accompanied by a financial report on a form provided by the City showing the basis for ' the Operator ' s computation separately indicating revenues received by the Operator within the City from basic service, pay TV service, other applicable sources of revenue, and such other information directly related to confirming the amount of the Operator ' s gross revenues as may be reasonably 3 ' I ORDINANCE NO. 441,2 1 required by the City. (c) Audit by City. The City shall have the right, upon reasonable notice or ;no less than two (2 ) working days , to inspect the books and records of the Operator during normal business hour , for the purpose of ascertaining the actual gross 1 revenues collected by the Operator. In the event that such audit discloses a discrepancy of more than ten percent ( 10% ) between the financial report submitted by the Operator with a quarterly payment and the actual gross revenues collected by the Operator, the Operator agrees to pay to the City the costs of such audit. In the event that suc;h audit results in a determination that additional franchise fees are due the City, the Operator further agrees to pay interest as required for late payment on such additional franchise fees computed from the date on which such additional franchise fetes were due and payable. 1 (d) Non-waiver. Acceptance of any franchise fee payment by the City shall not be construed as an agreement by the City that the franchise fee paid is1 in fact the correct amount, nor shall acceptance of payment by the City be construed as a release or waiver of any claim the City may have for further or additional sums payable under the provisions of this Ordinance. (e) Taxes. Nothing in this section shall limit the Operator ' s obligation to pay applicable local, State, or Federal taxes.. Section 5 : Future Provisions. The City and the Operator acknowledge that the former should be provided with a cable system that has the same general capabilities and capacity as those provided other cities served by 4 • L ) ORDINANCE NO. 4412 the Operator in the King-Pierce-Snohomish County area of the State of Washington. The City may, at its discretion, require that the Operator provide such interactive services as addressability, security, computer interaction, banking, shopping, voice and data transmission, High Definition Television (HDTV) , fiber optic and other such features, as well as upgrades capable of carrying at least fifty-four (54) channels , within the City within twenty-four (24 ) months of any of the following occurrences : Provision by the Operator of any of the same services identified above to a preponderance of a system; (a) Within the City of 'Seattle system, or; (b) Within any adjacent community, or; (c) Forty percent (40%) of the municipalities in the King, Pierce, and Snohomish Counties . Notwithstanding the above, the Operator shall in any event complete the upgrade to ' fifty-four (54 ) channels and have the capability of implementing these enhanced services within forty- eight (48) months from the effective date of this franchise. Prior to implementation of any such service the Operator may request a public hearing by the City Council, to discuss the benefits of said features to the citizens of the City. Upon a finding by the City Council that such features are reasonably required to meet community needs , taking into consideration the expense of providing such services and the potential costs to subscribers, the City Council may require the implementation of such features in accord with the provisions of this agreement. If the Council deem it necessary, it may, at its own option by a 5 ( ORDINANCE NO. 4412 majority vote, extend the time requirements established in this section. i Additionally, the Operator, upon completion of the upgrade or by the expiration of the forty-eight (48 ) month period as prescribed herein, shall 'provide, maintain and operate a public access studio within a radius of eight ( 8 ) miles of the City Hall, or at a location mutually agreeable by all parties . Such facilities shall be subject to approval by the City as suitable. Such approval shall not be; unreasonably withheld. Section 6: Access Channels. Upon completion of the upgrade conditions the City shall be provided with three (3 ) access channels including the government channel already in use,' one of which shall be capable of broadcasting live from City Hall . The City may initially share a common public access channel with other communities, however, the City may elect, at its option, to provide programming over an individual public access channel for the City' s sole use. Additional channels lover and above these shall be made available for City" purposes when any of the three (3 ) designated channels is in use for access purposes with programming during fifty percent (50% ) of the' hours between 10 : 00 a.m. and 10 : 00 p.m. , during any consecutive ten ( 10) week period. The Operator shall, within six ( 6) months following a request by the City, subject to the restrictions above, provide another designated access channel for this purpose. The Operator shall continue to provide additional channels under the same conditions . Programming on additional channels 6 y i ORDINANCE NO. 4412 shall be distinct and non-repetitive of the previous channel . If additional channels are designated for community use, but, after one year, such channel( s ) are not utilized at least twenty-five percent ( 25% ) of the hours between 10 : 00 a.m. and 10 : 00 p.m. with programming, the access users will, within six ( 6 ) months of receiving written notice from the Operator, group their programming into one contiguous block pf time of their choosing. The remaining broadcast time on such channel shall then revert to the Operator for its unrestricted use within the terms and conditions of this ordinance. Contributions to PEG access will not be considered in lieu of a franchise fee nor other obligations to the City. Section 7 : Governmenit Access Equipment. The Operator shall provide, maintain, and install the necessary equipment for local government cablecasting within six ( 6 ) months of a request of the City unless extended by mutual written -agreement. Such equipment shall not be less in quantity nor equivalent quality than those listed in Appendix A. Section 8: Institutional Networks. Upon completion of the cable system upgrade the Operator ' s system shall have the capability of bi-directional Institutional Networks for educational and public safety communications . An entity desiring activation of such feature( s ) will provide the City Council demonstrated need of such use . Prior to implementation of any such service the Operator may request a public hearing by the City Council, to discuss the benefits of said features to the citizens of the City. Upon a 7 ORDINANCE NO. 4412 finding by the City Council that such features are reasonably required to meet community -needs, taking into consideration the expense of providing such services and the potential costs to subscribers, the City Council may require the implementation of such features in accord with the provisions of this agreement . Section 9 : Emergency 'Override. Upon completion of ; the system upgrade subject to the conditions of Section . 5 , FutureProvisionsthe Operator shall make provisions for an emergency alert system. The Operator shall establish a process which will provide a character generated scroll and make the best effort ' to furnish a voice override notifying viewers and listeners of the emergency. Subject to Federal and State laws and regional planning authorities, control of these emergency override facilities shall be the responsibility of the City. The City shall hold a franchisee, its agents, employees , officers, and assigns harmless from any claims arising out of the emergency use of its transmitting facilities by the City. The City, at its option may elect to share this service with adjoining communities . Section 10: Emergency Power. A franchisee shall provide a standby power system to automatically activate equipment -at the headend and hubs, if applicable, in event of a primary electrical failure. Section 11 : Coverage. The City shall be provided with cable television service in the entire Franchise area. If such a condition does not now exist, the Operator shall complete such wiring and be in a position to offer 8 � I ' ORDINANCE NO. 4412 cable reception to all residents within twelve (12 ) months from the grant of the Franchise. Areas subsequently annexed shall be provided with cable availability within twelve ( 12 ) months, subject to the terms in Section 13 'Extraordinary Installation. Section 12 : Cable Availability. Cable service shall not be denied to any group of potential residential cable subscribers because of the income of the residents of the local area in whichlsuch group resides . Section 13 : Extraordinary Installation. All residents requesting cable service and living within one hundred fifty ( 150) feet df existing cable distribution lines shall have the cable installed at the prevailing published installation rate. In the event a request is made for service and the residence is more than one hundred fifty ( 150.) feet from an existing cable distribution line, such installation shall be completed on a time and material . cost basis for that portion of the service line extending beyond one hundred fifty ( 150 ) feet . Section 14: Distribution Line Extension Charges. Cable Service shall be available to all residents within the City provided there are at least thirty five ( 35 ) dwelling units per street mile. In the event a request is made for service by a resident( s ) living in an area not meeting such criteria, the Operator shall enter into a contractual agreement with the resident( s ) requesting service wherein the Operator shall be reimbursed for its construction costs . Whenever any subsequent subscriber who did not 9 • ) ORDINANCE NO. 4412 contribute to the original cost of the extension connects to the extended distribution service line, that subscriber shall pay his/her pro rata share diriectly to the Operator ,prior to obtaining cable service. The Operator shall then promptly tender such payment to the original subscriber so long as the agreement remains in force. Reimbursement shall be calculated on a front foot basis as a percentage of the total cost of the service line extension. Reimbursements shall be made to the original subscriber for a period of up to five (5 ) Years or to the point when the Operator has recovered its incremental costs to construct the distribution service line. The Operator may, at its option, record its contractual agreement with the original subscriber in the office of the King County- Recorder prior to the time any subsequent subscriber connects to the extended service line. Section 15: Public Buildings. The Operator shall provide without charge for installation or monthly rate, basic service, one outlet, and converter, if needed at such public buildings and schools as specified in Appendix "B" and "C" as well as other such buildings that may be constructed during the period of the , Franchise that are passed by cable and within one hundred fifty , 150 feet of the trunk or distribution system. Section 16: Penalties. The City shall notify the Operator in writing stating the nature of a perceived deficiency in the operation of the cable 10 ORDINANCE NO. 4412 system and setting forth the time the Operator will be allowed to rectify such alleged improper condition. The Operator may request an extension of time if construction is suspended or delayed by the City, or where unusual weather, acts of God (e.g. earthquakes, floods, etc . ) , extraordinary acts of third parties, or other circumstances which are ;reasonably beyond the control of the Operator, delay progress provided that the Operator has not, through its own actions or inactions, substantially contributed to the delay. The amount of time allowed will be reasonably determined by the City and the Operator. The extension of time in any case shall not be 16,ss than the extent of the actual non- contributory delay experienced by the Operator. Failure of the Operator to correct these deficiencies, except in those circumstances cited above, may result in the City calling a hearing to determine if penalties should be imposed upon the Operator or if a material yiolation of the franchise has occurred. If, following such hearing, it is determined by the City Council that the Operator! has failed to comply with the schedule set forth in the Franchise, monetary penalties will be imposed as set forth below for each day beyond thirty ( 30 ) days that the Operator has not fulfilled, the requirement(s) : a. Upgrade improvements and regional P.E.G. facilities required by Section 5 Future Provisions, two hundred dollars ( $200 . 00 ) per day. b. Equipnent and channels committed by the Operator to the City for access purposes . Sections 6 Access Channels; 7 Government Access Equipment; and 8 Institutional Networks, two hundred 11 'ORDINANCE NO. 4412 dollars ($200 . 00) per' day. c . Coverage of annexed areas where such is not completed as required by Section 11 Coverage, two hundred dollars ( $200 . 00 ) per day. Monetary penalties may be assessed retroactive to the date that notification was provided to the Operator in such cases where the Operator has been non-responsive in correcting the situation or in the case of flagrant violations . Termination of the ; Franchise pursuant to the procedure outlined in Ordinance No. 4413 may be imposed for any violation of one or more of the above listed items . The Operator and the City agree that any of the above described violations , unless excused, or not corrected by the Operator within the time allotted, shall constitute failure to comply with a material provision of the Franchise. No penalty, bond, forfeiture, or termination shall be imposed for delays where such delays are the result of causes beyond the 1 reasonable control and/orkwithout substantial fault or negligence of the Operator, as reasonably determined by the City. If payment of any of these penalties is delinquent by three (3 ) months or more, the City may require partial or total forfeiture of performance bond or other surety. Section 17 : Independent Contractors. This agreement shall not be construed to provide that the Operator is the agent or legal representative of the City for any purpose whatsoever. The Operator is not granted any express or implied right or authority to assume or create any obligation or 12 1 �\ ORDINANCE NO. 4412 responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. Section 18: Entire Agreement. This agreement, including the Master Cable Ordinance and exhibits that are attached hereto and incorporated herein by reference represents all of the covenants, promises , agreements, and conditions , both oral and written, between the parties . However, the City reservesI the right to waive any of these sections without affecting the applicability of other sections not so specifically waived. Waiver of any Franchise requirement or Ordinance sections by the ICity shall be in writing in order to be effective. Section 19: Successors or _Assigns. 1 This Franchise. Agreement, including all addenda, and the City' s Master Cable Ordinance shall be binding to the Operator, its 1 'heirs, successors, and assigns . Section 20: Acceptance. This grant of Franchise and its terms and provisions shall be accepted by the Operator by the submission of a written instrument, executed and sworn to by a corporate officer of the Operator before a Notary Public, and filed with the City Clerk within sixty ( 60 ) days after the effective date of this Franchise. Such instrument shall evidence the unconditional acceptance of this Franchise and the promise to comply with and abide by all its provisions, terms and conditions . Section 21: Effective Date. This Ordinance shall take effect five (5) days from and after 13 I , "' ORDINANCE NO. 4412 " its passage and publication, provided, however, the Franchise granted by this Ordinance shall not become effective until the Operator files written acceptance thereof . Section 22 : Notice. Written notices shall be deemed to have been duly served if delivered in person to the individual or entity for whom it was intended, or if delivered at or sent by registered or certified United States mail to the last business address known to the party who gives the notice. All notices and requests shall be addressed to the City of Renton and the Operator as ; follows : CITY: City Clerk City of Renton 200 Mill Avenue South Renton, WA 98055 • OPERATOR: TCI Seattle, Inc . 15241 Pacific Highway South Seattle, WA 98188 ADDITIONAL NOTICE : TCI Seattle, -Inc . Attn: Legal Department P.O. Box 5630 Terminal Annex Denver, CO 80217 SECTION II . This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. PASSED BY THE CITY COUNCIL this 9th day of August 1993 . , rht/.4,c/s Marilyn J/% i ( ' ORDINANCE NO. 4412 APPROVED BY THE MAYOR ;this 9th day of .Auqust , 1993 . • (;:, Earl Clymer, : ayor Approved as to form: 7.44"tet-- Law e . Warre City Attorney 6 ( 52 Date of Publication: August 16, 1993 1 . ORD. 303 : 4/23/93 :as . j I I i i 15 Access Equipment APPENDIX A In accordance with Section 7 Government Access Equipment the following equipment or its equivalent will be supplied by the Operator. - Quantity Description of Item 1 Texscan MSI—SG 4-B Character Generator •3 Panasonic CCD Two-Color Chip - Cameras 3 Telco Remote Camera, Control Systems 1 Amega 3000 Computer System with Omni Link and Video Toaster • 2 Panasonic AG 8350 SVHS 1/2 " Recording Decks ' 1 Shure Audio Microphone System 10 Lavalier !Microphones 3 12" Color Monitors 1 1 19" Color Monitor 2 Panasonic AG460 1/2 " SVHS Cameras 2 LTM 4 Pepper 420 Light Kits (with accessories ) 2 Bogen 3062 Video Tripods (w/3066 fluid head) 2 Tripod Adaptors 20 1/2 " 20 :Minute Video Cassettes 20 1/2 " 30 'Minut,e Video Cassettes 20 1/2" 60 Minute Video Cassettes Miscellaneous lighting system as required to adequately allow for the video taping and broadcast of City meetings in the existing City Council Chambers Miscellaneous cable as required to complete the wiring of the existing City Council Chambers . Renton Public Buildings APPENDIX B CARCO THEATER BLDG. 1717 Maple Valley Hwy. Renton, WA 98055 CITY HALL 200 Mill Avenue South Renton, WA 98055 CITY SHOPS 3555 NE 2nd St. Renton, WA 98055 COMMUNITY CENTER 805 Union Avenue N. E . Renton, WA 98055 FIRE STATION # 11 2111Mill Avenue South Renton, WA 98055 FIRE STATION #12 W/S Harrington Ave N. E . & NWC of 9th N Renton, Wa 98055 FIRE STATION #13 17040 108th Avenue S . E . Renton, WA 98055 FIRE STATION #16 12923 156th Avenue S .E . rENTON, wa 98055 HIGHLANDS LIBRARY 2902 N. E . 12th St. Renton, WA 98055 HIGHLANDS NEIGHBORHOOD CENTER OFFICE, GYM & WATER DEPT. 800 Edmonds Avenue N. E . Renton, WA 98055 HISTORICAL MUSEUM 235 Mills Avenue South Renton, WA 98055 LIBERTY" PARK CON. BLDG 1101 Bronson Way North Renton, WA 98055 17 05/25/93 MAIN LIBRARY :535 Bronson Way Renton, WA 98055 MAPLEWOOD GOLF COURSE CLUB HOUSE & RESTAURANT 4000 Maple Valley Highway Renton, WA 98055 NO. HIGHLAND NEIGHBORHOOD CENTER N. E. 16th & Jefferson N. E. Renton, WA 98055 PHILLIP ARNOLD PARK REC. BLDG. S . 7th At Arnold Park Renton, WA 98055 POLICE/CITY HALL ANNEX 11010 S . 2nd St Renton, WA 98055 RENTON COMMUNITY CENTER 1715 !Maple Valley Highway Renton, WA 98055 RENTON POLICE RADIO BLDG. 3310 N. E . 10th Street Renton, WA 98055 SENIOR CITIZEN BLDG. 211 Burnett Avenue North Renton, WA 98055 THE HOLM BUILDING 230 Main Avenue South Renton, WA 98055 1 THOMAS TEASDALE PARK ACTIVITY CENTER William Avenue St. 98th S . Renton, WA 98055 WINDSOR HILL PARK RECREATION BLDG. 420 Windson Way N. E . Renton, WA 98055 18 05/25/93 { Renton Schools APPENDIX C BENSON HILL ELEMENTARY 18665 116th Ave. S . E Renton, WA 98058 CASCADE ELEMENTARY 16022 116th Ave. S . E . Renton, WA 98055 HAZEN HIGH SCHOOL 1101 Hoquiam Ave N.E . Renton, WA 98056 HIGHLANDS ELEMENTARY 272;7 N. E . 9th Street Renton, WA 98056 KENNYDALE ELEMENTARY 1700 N. E . 28th Street Renton, WA 98056 LINDBERG HIGH SCHOOL 16426 128th Ave. S . E . Renton, WA 98058 MCKNIGHT MIDDLE SCHOOL 2600 N. E . 12th Street Renton, WA 98056 NELSON MIDDLE SCHOOL 2403 Jones Ave. So Renton, WA 98055 MAPLEWOOD HEIGHTS ELEMENTARY 13430 144th Ave . S . E . Renton, WA 98056 RENTON AREA YOUTH SERVICES 1025 So Third Ave Renton, WA 98055 RENTON HIGH SCHOOL 400 So. 2nd Street Renton, WA 98055 RENTON PARK ELEMENTARY 16828 128th Ave. S . E. Renton, WA 98058 19 04/26/93 RENTON SCHOOL DISTRICT NO 403 Administrative Center 435 Main Ave . So. Renton, WA 98055 SIERRA HEIGHTS ELEMENTARY 9901 132th Ave S .E. Renton, WA 98056 SPECIAL' EDUCATION- HILLCREST Speciall Prog/Multicultural 1800 Index Ave N. E . Renton, WA 98056 SPRIiNG GLEN ELEMENTARY 2607 Jones Avenue So. Renton, WA 98055 TALBOT HILL ELEMENTARY 2300 Talbot Road So . Renton, WA 98055 TIFFANY PARK ELEMENTARY 1601 Lake Youngs Way S . E. Renton, WA 98058 VTI/BUSINESS TECHNOLOGY CNTR. 800 Union Ave N.E . Renton, WA 98056 VTT/SARTORI PROGRAMS 315 Garden Ave No. -- Renton, WA 98055 ' 20 04/26/93 PROGRAMMING SURVEY Appendix D Results of Random Sampling of 1000 Residences 8/10/90 % Responding Interest as Type of Programming Very High or Somewhat High News � 930 Old Movies 82% Adult Education 78% Health 78% Consumer Information 77% Weather 76% Sports 74% Business 64% Fine Arts 59% Video Music 59% Children ' s Programs 52% Country 52% U. S . Congress Proceedings 51% Local Bulletin Board 45% Senior Citizens 41% Local Advertisement 37% Religious 24% Spanish Language 9% 21 04/26/93 • July 26. 1993 .enton City Council Minutes Pane 336 The Utilities Committee further recommended concurrence in staff's recommendation that the ordinance establishing these revisions to the Code be presented for first reading. Gregg Zimmermann, Utility Systems Director, presented a brief overview of the Utilities Committee report regarding special utility connection charges. He clarified that the fees will cover new development connection to City utilities. He stated that the revised Special Utility Connection Charge Code will affect both water and sewer charges, and will allow payment flexibility for developments. Upon Council inquiry, Mr. Zimmermann clarified that the amended code will require developers to pay connection fees for only the developed portion of the property, and a restrictive covenant would be recorded against the property for the balance. Council President Edwards questioned why a property lien would not be filed against the property similar to special assessment districts. In response, Mr. Zimmermann stated that a restrictive covenant would be recorded against the property so upon sale of the property, a title search would reveal that information. He stated that the connection fee is not payable until the property connects to the utility, so filing a lien against properties that have paid a portion of the fees would not be appropriate. Assistant City Attorney Kellogg clarified that a restrictive covenant would be appropriate. He noted that a lien is not payable until the development permit is applied for and if a lien appears on a title report, it has potential difficulty for a lender. Council President Edwards requested clarification of liens placed against properties in special assessment districts and local improvement districts. Jay Covington noted that the Administration will review the impacts and report back to Council. MOVED BY STREDICKE, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND RESOLUTIONS The following ordinance was presented for first reading and referred to the 8/9/93 Council meeting for final reading and adoption: Franchise: TCI Cable An ordinance and summary were read granting to TCI Cablevision of Extension Washington a franchise to operate a cable communication system within the City for a period of 15 years to the year 2008. MOVED BY EDWARDS, SECONDED BY TANNER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/9/93. CARRIED. Utility: Cable An ordinance and summary were read amending Title V (Finance and Communications Business Regulations) of City Code by adding Chapter 17 which regulates Systems cable communications systems within the City. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/9/93. CARRIED. July 19. 1993 Renton City Council Minutes Page 325 Community Services Referred 6/21/93 - Community Services Committee Chair Keolker-Wheeler Committee presented a report recommending concurrence in the staff recommendation to Utility: Mosquito apply a second Altosid treatment to the Panther Creek Wetland for the Abatement purpose of increased mosquito control. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Franchise: TCI Cable Referred 5/3/93 - Community Services Committee Chair Keolker-Wheeler Extension presented a report recommending concurrence in the staff recommendation to enact an ordinance regulating cable television systems in Renton, and to enact an ordinance granting a 15-year cable television franchise to TCI Seattle, Inc. The Committee further recommended that these ordinances be presented for first reading 7/26/93. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT AS AMENDED.* Councilman Tanner stated that under the recently enacted statute, cities will be given additional regulatory power, and requested that the cable franchise ordinances be held until Councilman Schlitzer returns from the cable regulation seminar to be held in Portland, Oregon, later this week. In response to Council inquiry, Jay Covington stated that a one-week delay would not be critical to the adoption of these ordinances. *CARRIED. CAG: 93-062, Maplewood Referred 7/12/93 Community Services Committee Chair Keolker-Wheeler Golf Course Phase II presented a report recommending concurrence in the staff recommendation to Construction approve a contract with Evans and Hall in the amount of $367,417.20 for Phase II improvements at Maplewood Golf Course. In addition, the Committee recommended that the Parks Department be allowed to borrow up to $95,000.00 to cover contingency and other unanticipated work that may be required as part of these improvements and pay same back with revenue from next year's Capital Reserve account. Funds available: $382,000.00 Budget breakdown: Consultant estimate $433,000.00 Contractor's bid 415,488.00 Deleted items 48,070.80 Recommended contract amount $367,417.20 MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Parks: Coulon Park Food Referred 5/24/93 - Community Services Committee Chair Keolker-Wheeler Concession, McDonald's presented a report stating that the Committee reviewed the proposals of Ivar's and McDonald's. The committee did note that Ivar's changed its proposal from that submitted to the selection committee and Park Board. Based upon the fact that the current recommendation is to allow the staff to negotiate a contract with McDonald's, the Committee recommended that the staff be given that authorization. However, the Committee further recommended that the staff consult with the Council about the contract criteria, and that the criteria include such things as requiring the restaurant to have a nautical APPROVED ._./9_73 COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT JULY 19, 1993 ORDINANCE REGULATING CABLE TELEVISION SYSTEMS IN RENTON ORDINANCE GRANTING CABLE TELEVISION FRANCHISE TO TCI SEATTLE, INC. (Referred 5/3/93) The Community Services Committee recommends concurrence in the staff recommendation to enact an ordinance regulating cable television systems in Renton, and to enact an ordinance granting a 15- year cable television franchise to TCI Seattle, Inc. The Committee further recommends that these ordinances be presented for first reading.—/deLD To 1—.2G _93 . - bk2JL.12P__ Kathy Keolker-Wheeler, Chair Toni Nelson, Vice-Chair Timothy J. Sc itz: , Member I / • cc: Phil Jewett • :}. ; . {4 Jul: ;13 10 • 48 No ..051 P .01 We're taking television t: : into tomorrow %JJ TCI Cablevision of Washington, Inc. ) \).V JUL 13 1993 NEWS RELEASE CONTACT: Jo WEBSTER JULY 13 , 1993 CITY CF RENTON TCI CABLEVISION Engineering Dept. (206) 433-3434 TCI TO CONDUCT FCC TESTING PROCEDURES SEATTLE, WA -- TCI Cablevision of North Seattle, South Seattle and Auburn will be conducting tests of their cable systems to comply with technical requirements set by the Federal Communications Commission. Testing will take place July 19 to 22 from midnight to 6: 30a.m. each morning. Seven cable channels will be affected by the testing and could experience an outage for 15 to 30 minutes at a time. The channels include Univision/Black, Entertainment Television (Channel 3) , KTBW (Channel 8) , KBTC (Channel 12) , The Nashville Network (Channel 20) , Cablearn (Channel 27) , The Discovery Channel (Channel 35) and C- SPAN (Channel 60) . TCI maintains its technical standards in part by conforming to the FCC's regulations. These tests ensure that TCI customers will continua to receive a quality cable signal. ### South Seattle Office 15241 Pad1Ic Hwy S. Seattle,WA 90188 (206)433-3434 FAX (206)433-6103 An Equal Opportunity Employer RENTON CITY COUNCIL Regular Meeting June 14, 1993 Municipal Building Monday, 7:30 p.m. Council Chambers MINUTES CALL TO ORDER Mayor Clymer led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF BOB EDWARDS, Council President; TIM SCHLITZER; NANCY COUNCILMEMBERS MATHEWS; TONI NELSON; JESSE TANNER; KATHY KEOLKER- WHEELER; RICHARD STREDICKE. CITY STAFF IN EARL CLYMER, Mayor; JAY COVINGTON, Executive Assistant to the ATTENDANCE Mayor; ZANETTA FONTES, Assistant City Attorney; MARILYN PETERSEN, City Clerk; PHIL JEWETT, Information Systems Director; SAM CHASTAIN, Community Services Administrator; CAROLYN SUNDVALL, Human Services Office Technician; DAVE CHRISTENSEN, Utility Systems Engineer; LT. DENNIS GERBER, Police Department. APPROVAL OF MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL COUNCIL MINUTES APPROVE THE MINUTES OF JUNE 7, 1993, AS PRESENTED. CARRIED. PROCLAMATION A proclamation by Mayor Clymer was read declaring 6/14/93 as Flag Flag Day, 6/14/93 Day, recognizing the importance of the nation's symbol of democracy, freedom, and equal rights. MOVED BY EDWARDS, SECONDED BY TANNER, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and Franchise: TCI Cable published in accordance with local and State laws, Mayor Clymer opened Extension the public hearing to consider the proposed ordinances adopting a 15-year TCI Cable franchise and cable television regulations. Phil Jewett, Information Systems Director, gave an overview of the two ordinances. He noted that one ordinance is administrative, and adds a chapter to Title V of City Code regulating cable television in Renton. The other ordinance grants TCI a 15-year, non-exclusive franchise to operate a cable communications system in Renton, and sets additional terms and conditions that must be met upon acceptance of the franchise. He stated the ordinances were developed in conjunction with Kent and Auburn for the benefit of all cities, and that both Auburn and Kent have renewed the TCI franchise. Mr. Jewett noted there are four items contained in the franchise agreement that will directly benefit Renton citizens; 1) A regional television studio will be set up by TCI in Kent that will be used by the general public, civic groups, and government agencies for public access programming. 2) Additional access channels. The City has one channel which is used for the character generator, a second channel will be used as an additional public access channel for taped and live broadcasts, and a third channel will be an educational channel to be used by the school district and other institutions for educational purposes. 3) An institutional network or closed circuit TV will link the school district and City facilities for training, video conferencing, computer communications, June 14, 1993 Renton City Council Minutes Page 273 etc. 4) TCI will install TV broadcast equipment with an estimated value of $80,000 in the remodeled Council Chambers within six months. The City will have the capability to tape Council meetings for rebroadcast beginning in 1994, and broadcast live in 1995. It was also noted that franchise fees will increase from 3% to 5% of operating revenues, representing an increase from approximately $120,000 in 1992, to $250,000 in 1994. Mr., Jewett recommended that TCI be granted the cable franchise in Renton. Lon Hurd, Cable Communications Consultants, stated that his firm performed a community needs assessment three years ago, and negotiations for specific items with TCI have been ongoing over the last 16-18 months. Councilman Tanner expressed concern that Council has not had the opportunity to review the new Federal Communications Commission guidelines and requested that the franchise be referred to the Community Services Committee. He stated that TCI currently does not provide adequate levels of service to the black and hispanic communities, and questioned if TCI has any plans to improve future service to the minority communities. He also noted that the current TCI franchise has expired, but will be extended through contract negotiations. In response to Council inquiry, Lon Hurd stated that the proposed franchise fee increase is average when compared with other cities. He stated that each city will have the option of designating the public access channel for either county-wide or city access, and that it will be the responsibility of the City to oversee and develop rules of operation. Gary Hokenson, General Manager, TCI Cable, Inc., 15241 Pacific Highway South, Seattle, stated that TCI serves the entire Puget Sound area. He noted that if Seattle decides to choose another service provider, there will be no effect on other cities within the service area. In response to Councilman Tanner's inquiry, Mr. Hokenson stated that the non- discrimination programming issue has been reviewed over the last several years, but there are only 35 channels available for use at this time. He clarified that the primary reason for the upgrade is to increase channel capacity to a minimum of 54 channels. Mr. Hokenson clarified that TCI has someone available 24-hours a day, seven days a week to provide response to customer problems. Versie Vaupel, P. O. Box 755, Renton 98057, stated that the first 13 channels should be dedicated to priority channels, such as CNN. She further noted that there should be a decrease in cable service rates as the number of viewers increase. In response to Councilman Stredicke's inquiry, Lon Hurd clarified that the City will pay for trenching costs of cable installation only if the City is the primary contractor: MOVED BY STREDICKE, SECONDED BY EDWARDS, CLOSE THE PUBLIC HEARING. CARRIED. June 14. 1993 Renton City Council Minutes Page 274 MOVED BY KEOLKER-WHEELER,, SECONDED BY EDWARDS, REFER THIS ISSUE TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. AUDIENCE COMMENT Versie Vaupel, P. O. Box 755, Renton 98057, circulated photographs and Citizen Comment: Vaupel expressed concern that Bryant Motors continues to park commercial - Parking Enforcement vehicles on city streets in violation of Ordinance 4046. She stated that North engines of the vehicles are left running and unattended for hours, Renton/Comprehensive emitting black smoke and fumes into the neighborhood. Ms. Vaupel also Plan noted that N. 2nd Street and Garden Avenue were again blocked by a large truck making the area impassable. She requested that N. 2nd Street, Meadow, and Garden be declared residential streets, and requested this matter be referred to the Transportation Committee for review. Citizen Comment: Richter Marjorie Richter, 300 Meadow Avenue North, Renton 98055, stated that - Comprehensive Plan, the North Renton residents would like to see the area of Bronson Way N., Central/West Hill Factory Avenue, Meadow Avenue, and Garden Avenue, a nice gateway into Renton. She stated that arterial commercial (CA) zoning is not appropriate for this area, and a 15-foot barrier is not enough to abate the noise, smells, and traffic that are associated with commercial business. Citizen Comment: Chris Clifford, 2721 Talbot Road South, Renton, requested Council Clifford - WSDOT SR- support of SR-167 noise variance appeal. He expressed support of the 167 Noise Variance commuter lanes, but stated that noise barriers are necessary to reduce the freeway noise impacting the neighborhood. Citizen Comment: Teresa Pozzobon, 1615 Lake Avenue S., Renton 98055, stated that a 30- Pozzobon - WSDOT SR- foot or higher sound barrier should be constructed on SR-167 to alleviate 167 Noise Variance freeway noise. She stated that noise and vibrations are hazardous to health and will create stress related problems for everyone. Citizen Comment: Mark Groening, 1731 Lake Avenue S., Renton 98055, stated that noise Groening - WSDOT SR- from SR-167 is continuous and the area residents are now being asked to 167 Noise Variance accept noise for a 60-day period beyond what they already experience. He requested that noise barriers be constructed to protect the residential area. Citizen Comment: Carson Frank Carson, 1737 Lake Avenue S., Renton 98055, stated that now is the - WSDOT SR-167 Noise appropriate time to negotiate with the State for a noise barrier,, and Variance requested Council support of this measure. Citizen Comment: Tom Tobacco, 1701 Lake Avenue S., Renton 98055, expressed support of Tobacco - WSDOT SR- the High Occupancy Vehicle lane on SR-167, but felt that noise pollution 167 Noise Variance during night time hours will be harmful to area residents. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Finance: Utility and Finance Department requested approval to extend the grace period for Interest Charges utility and interest charges for overdue utility accounts and unpaid outstanding balances from 15 to 30 days. Refer to Finance Committee. Finance: Non-Collectible Finance Department requested approval to write off non-collectible utility Utility Accounts customer accounts in the amount of $45,054.31, for the period from 1985 to 1991. Refer to Finance Committee. AFFIDAVIT OF PUBLICATION Karen Tucker , being first duly sworn on oath ' states that he/she is the Legal Clerk of the VALLEY DAILY NEWS 600 S. Washington Kent, WA. 98032 • a daily newspaper published six (6) times week. Said newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a daily newspaper in Kent, King County, Wash- ington. The Valley Daily News has been approved as a legal newspaper by order of_the_Superior_Court_ofthe State of-Washington for King_County. __ The notice in the exact form attached, was published in the Valley Daily News (and not in supplement form) which was regularly distributed to the subscribers during the below stated period. The annexed notice, a Notice of Public Hearing was published on 5-28—.93 The full amount of the fee charged for said foregoing publication is the sum of $ 1 9 9 0 rt€ITY©FRENTON NOTICE_OF PUBLIC HgalING AUJ e BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the • egal Clerk, Valley Daily News Renton City Council has fixed the 14th day of June, 1993, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton, Washing- Subscribed and sworn before me this 28th day of May 19 9 3 ton, as the time and place for a public hearing to consider the following: 1. Ordinance regulating cable television �L�%16- �i� /' systems 7�� 2. Ordinance granting TCI, Inc. 15-year cable television ranclise Notary Public or the State of Washington , Any‘.nd d interested persons are invited residing at Auburn to be preientaDZIG approval,disapproval,. or opinions CE f n 3 matter. King County, Washington CITY OF RENTONI • Marilyn J. Petersen City Clerk VDN#1164 Revised 7/92 Published in the Valley Daily News May 28, 1993. 9036 CITY OF RENTON NOTICE OF PUBLIC HEARING BY RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 14th day of June, 1993, at 7:30 p.m. in the Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton, Washington, as the time and place for a public hearing to consider the following: 1. Ordinance regulating cable television systems 2. Ordinance granting TCI, Inc. 15-year cable television franchise Any and all interested person are invited to be present to voice approval, disapproval, or opinions on this matter. - CITY OF RE �• i re • Manly f. 'ersen City Clerk DATE OF PUBLICATION: May 28, 1993 Valley Daily News • Acct. No. 50640 May 17, 1993 Renton City Council Minutes Page 226 Councilwoman Keolker-Wheeler commended Spencer Court and Service Linen for working together to provide adequate parking for a senior housing complex. Community Services Referred 5/3/93 - Community Services Committee Chair Keolker- Committee Wheeler'presented a report recommending concurrence in the staff Franchise: TCI Cable recommendation to enact an ordinance regulating cable television systems Extension in Renton, and to enact an ordinance granting a 15-year cable television franchise to TCI, Inc. of Washington. The Committee further recommended that a public hearing be held on these ordinances on June 14, 1993. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT AND SCHEDULE A PUBLIC HEARING FOR 6/14/93. In response to Council inquiry, Councilman Schlitzer clarified that TCI Cable will be taking a 2-step approach to the multi-channel addition within the next year. Initially Renton, Tukwila, Kent, and Auburn will share a dedicated channel, and as TCI expands the channels, Renton will have a dedicated channel to do a bulletin board, replay Council and Committee meetings, as well as networking of the public schools. It was further noted that a formal presentation will be made at the 6/14/93 public hearing: In addition; additional channels will be available for use by various ethnic groups. *CARRIED. In response to Councilman Stredicke's inquiry, Jay Covington clarified that Municipal Building construction is proceeding on the Police Department remodel, and the next phase will be the 1st floor lobby and 2nd floor Council Chambers. MOVED BY STREDICKE, SECONDED BY TANNER, REFER THE COUNCIL CHAMBERS REMODEL TO 1THE COMMITTEE OF THE WHOLE. CARRIED. Parks: Metro Community Services Committee Chair Keolker-Wheeler presented a report Shoreline recommending concurrence in the staff recommendation to approve the Improvement Funds, grant application for METRO shoreline improvement funds for the Cedar Cedar River Trail, River Trail and the Black River Riparian Forest with matching funds Black River Riparian derived from the Open Space Bond Issue proceeds and Conservation Forest Futures Levy funds. The Committee further recommended that the two resolutions regarding these applications be presented for reading and adoption. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Parks: IAC Grant Funds, Community Services Committee Chair Keolker-Wheeler presented a report Black River Riparian recommending concurrence in the staff recommendation to authorize the Forest, Cedar River Trail, application for funding assistance for the Interagency Committee for Springbrook Trail Outdoor Recreation (I.A.C.) Grant funds for the following projects: Black River Riparian Forest - 50% allocation of matching funds from the Open Space Bond Issue proceeds and Conservation Futures levy fund for the property acquisition grant application, Urban Wildlife Habitat Accounts Cedar River Trail - 50% allocation from Open Space Bond Issue proceeds for,the property acquisition grant application, Parks Category; and Springbrook Trail - 50% allocation for Open Space Bond Issue APPROVED -7711?PCOMMUNITY SERVICES COMMITTEE COMMITTEE REPORT MAY 17, 1993 ORDINANCE REGULATING CABLE TELEVISION SYSTEMS IN RENTON ORDINANCE GRANTING CABLE TELEVISION FRANCHISE TO TCI, INC. OF WASHINGTON (Referred 5/3/93) The Community Services Committee recommends concurrence in the staff recommendation to enact an ordinance regulating cable television systems in Renton, and to enact an ordinance granting a 15-year cable television franchise to TCI, Inc. of Washington. The Committee further recommends that a public hearing be held on these ordinances on June 14, 1993. a/T-4 j -6-e-ke71 'I &I-)kelL'eg, Kathy Keoll er-Wheeler,41/ Chairj Toni Nelson, Vice-Chair Timothy J. S 111itz r, Member � ' cc: Phil Jewett May 3, 1993 Renton City Council Minutes Page 199 Separate Consideration Administrative Services Department requested approval of an ordinance Item 7.b. regulating cable television systems, and an ordinance granting TCI, Inc. a Franchise: TCI Cable 15-year cable TV franchise. Major items included in the ordinances are: Extension increase,of franchise fee from 3% to 5% with a broader revenue base (estimated increase of $120,000/year); public access TV studio facilities to be shared by South King County cities; TV production equipment for Council Chambers; City channels to allow broadcast of Council meetings and other video programming; and closed circuit system for public safety and schools. Refer to Community Services Committee. Councilman Tanner entered into a record an article that appeared in - Nation's Cities Weekly, entitled "FCC Adopts a Customer Service Standard for Cable TV Operations Nationwide" which pointed out that cities or franchisers must give cable companies a 90-day written notice of their intention to enforce new rules. It stated that cities or franchisors have the authority to enforce additional requirements over the customer service standards adopted by the FCC, but that the standards must be applied by the franchisors. Councilman Tanner also expressed concern that out of the 36 channels provided by TCI, only one channel is dedicated to two of the area's largest minorities: the black community and the hispanic community. He felt that TCI should be compelled to allocate one channel to each of the minority communities. MOVED BY TANNER, SECONDED BY MATHEWS, COUNCIL REFER THIS ITEM TO THE COMMUNITY SERVICES COMMITTEE WITH INFORMATION PROVIDED BY COUNCILMAN TANNER. CARRIED. CORRESPONDENCE Correspondence was received from Brian Kisling, Barghausen Consulting Citizen Comment: Engineers, Inc., 18215-72nd Avenue South,, Kent 980323 (property known Kisling - as Tum-A-Lum Lumber Company, located at the corner of NE Sunset Comprehensive Plan, Boulevard and Duvall Avenue NE). He requested that the word East Renton "permitted" be deleted from Section D.9.a. of the neighborhood commercial (CN) zoning designation to read: "Outdoor storage must be screened from adjacent properties and public rights-of-way." Citizen Comment: Correspondence was received from Versie Vaupel, P. O. Box 16367, Vaupel- Lemay, MO 63125, expressing concern about the proposed commercial Comprehensive Plan, zoning designation of property located south of N. 2nd Street between Central/West Hill Factory and Garden Avenue N., adjacent to the established single-family neighborhood. Ms. Vaupel noted that commercial zoning designation across the street from single-family residences is inappropriate; a single- family area is created but it is bounded on the south by commercial; the commercial designation does not have any reasonable height restriction; transitional uses are necessary between commercial and single family zones; no restrictions are in place for noise, shift work, commercial traffic ingress and egress, or design standards; the aquifer protection ordinance has not been considered when designating a commercial zone; and, the zoning designation is a violation of Resolution 2708. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, REFER ALL CORRESPONDENCE REGARDING THE COMPREHENSIVE PLAN TO THE COMMITTEE OF THE WHOLE. • CARRIED. . C„,,, C , OF RENTON COUNCIL AGENDA -- AI #: 7 kJ SUBMITTING DEPT: I FOR AGENDA OF: May 3, 1993 Administrative Services Staff Contact is Phil Jewett AGENDA STATUS: Consent XX SUBJECT: Public Hearing 1) Ordinance regulating cable television systems. I Correspondence 2) Ordinance granting TCI, Inc. 15 year cable TV franchise I Ordinance Resolution Old Business EXHIBITS: New Business Draft ordinances. I Executive Session RECOMMENDED ACTION: I APPROVALS: Refer to Community Services for a recommendation to enact I Legal Dept XX ordinances. I Finance I Other FISCAL IMPACT: Expenditure Required... Transfer/Amendment.. . Amount Budgeted Revenue Generated.... $1 20,000/year SUMMARY OF ACTION: - These ordinances replace existing (expired) ordinances that governed the previous 15 year franchise with TCI, Inc. One ordinance is a 'master' ordinance that regulates cable television systems in Renton; the second ordinance is a franchising agreement granting TCI, Inc. of Washington'a 15-year non-exclusive cable television franchise. The ordinances represent the result of negotiations with TCI, Inc. and South King County cities, assisted by the City's cable consultant, 3-H Cable Communications Consultants. Major items included in the ordinances include: Increase of franchise fee from 3% to 5%,1with a broader revenue base (est. increase of$120,000/year) Public access TV studio facilities to be shared by South King County cities TV production equipment for council chambers City channels to allow broadcast of council meetings and other video programming Closed circuit system for public safety and schools • • - . . . . ..... " . . • • - ; i --. . . . . . . . ‘ , 1 , . . . - •1.• ... • . . .. . , . .. . . . . . . . . ,. . . ..1 j .. ivx/i.,.6 ,... -... #. : .. . .. C"1"1"Px-ar-1-1e--- ' • . . ; . . . . , , • '. . : . ... . . . . . . . .-... .....' ..%.:.•.-•-,i..' • . . . ... . . . . . . . . . . . - • t i • . „ . .. . . , . . . if,t,re,ftei. s-_, •,‘75— L i-ntizitee,t• • , - ..-_ ; . . . :- . :i.- . Iie. Weekly: , April 26, 1993 7 .- . . - . - • . . . -.,......: . . . . .... ..., ..., . . - . • - . " . ... ... ._„...„ . . - . - -. .---.-•..---:. . . - . ,. . _ , . 1 ... . . . ,. . ..., ,. , . . . . '. .- .....,• • • can alternative, which he said stvimrning poolS.::.''7-, •., -.- •. - . .. ' - ' '. : - :- . FCC AdolitiCtiitOtheii•SelviefSteindards':',.• - - . . . -• • ..."'-- •••:-. •-• • , would'include: -- --: •'-'•.-:. - - Vklhilethe Republicans lacked . for Cable TV Operafions Nationwide )emograitSH:-Voted •-: I ...'• -"w $4 billion .iinemploy7. • votes ta"'inaice any•••chari4eS 9T-_ ..:,-,...,:,-..-....,_•,. - ...,,,,,, :.-.•:., ••• to uii ;..a.'.iii-:i. r- ' :m"erit'benefits' ••••.-''':::•.: :-' :'. ' ;'•- ' cuts in the President's.bill;:40S,;.' ' ..b.itindfuliclo:Ferrr9,••••. ..." ..': . : .-. -....: ....-...,-, •• : • .,.-.:, - • , , ); ' i ,,,„ federal-•L'gvern-... . .„. •.. • : -. ii ,v.3 billion far high,v4ys_. -1-.-.:-,v,f_erelable,to.-,Inll if..-......,.. . C......_„,...... e a-1316.n to r-revive '-'":6'1'•...•''' i'V 'd iniinuniii-j --RePubliCanS'=-Iailed'in"ireP-eatef,,d„: , -- . •' 1•1.knmerj°,.,.ar ,----•,:-' ..44.-,,,.„.-• 4•,...••ri-_,,,,,,_ ./,-,,,,•-•‘-!---,;-i...,- -,. 1m-•• The-Federal Communications Commission(FC0):adopted a ies 'anif.:,.i.nyesc in ...... thin funding :: .....-‘,':',..'...:-...,,:',,-,.'' ,,:...: . t.L.E. J. !P,(-7. -.,, s-• L.!.1-.,...:-!.....9',--;.:.°-,• :;?..b.'.: ....•••' et•''oErctisi,o flier; ervce.:-. .tan. qar0,:s='.4.1*6t4iig- .y6-.--:-tlevi•,:sion . .- . ..t. 'fliiniiis:in AiY•O'i).3,. 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Cities Shobldreview:theitfranchise..agreementstu,determine::.-,, .. l II f - 1 teitteiraild-Tc.grie,4'''";-.-D • - --temocra.14,:-:,-...-::..-,:----,-.----::,..:<-',.:--':.--.:.'• •-'-'..- .'f:-Republieii157-iiiau ',..71_.tio'rrnetT'.-"::. ..,:•.-j-`7t.fi`-- -..."6i,813.6--iii•---.4'.:15-ist.-vi-4d:i.‘noti. e!..'....-to:.;their.c.i13.1. operator •, .-.. i - -41, t • tter o the • - • . . ..iopie.:•„.*e,-dan;r4Ove."-' • .:-.-.:"..!'-,•---:-',_,- ",..:i.--;:f,','.,'"',-,3..:--... -,-.,:.i•. . --.":,•:.",,..,-.-:...citY".•..'"eleCfe-d,- OfficialSit"..Vvhp 'aP"7-..,:-., ...',i.th-o---feandosipg-•OnthcsEity-should:thenpTep4re p etter-... stieS1.4-clinstru•-•.c-- ,.A1;a4,7sis::;::::„. ._,,?.:.2:2.,.,. ,::,,,_:-..,..„ _....1.,.i......i)6at- ,...t6,ve-•s4-...:fili.that• .,,..a.tis-.. ..,64-,,,..c._ -.-c:4131:6:(:)p1".'"`dk!i''.k:aiMi-'ilie:tfiari 0..hieaiitli 6ritii's::.iiitOilt:t9 en- For , '::-...--.-;1.-,-.,:::':-. ,..'.... ...-.";::- -.-. .-,,.:,:-,... -.".. -'...,:- -•:.-r-... ,---...=': -towns cannot,be-trustecl...-,tcr:alv, •- force the federal standards Ih....90..day§_•as,7e11....a.:S..IFOYcling • -":;':'.'''''--.. .".--.•:,.......,.. - -... ,.. city and Yy51.1. 4cicr ,..th .,..;- - • . .... ..: : 1-., -. -' -'-•-•-,f-,,,..---:,-,..: --.•-..„-..defeat:Pla,rdcularly reflectedRe-••• .vest,.. . -• . -fliiii". .-.'wisely'' ' ''' .! -'''.. . 'notice. ' 'f the continued- '.46 cell-tent-4 other local Standards.. . .• f i . 711 pubhcan Senators attacks on the' . :For-.cities, the::ran- tag61u.,---i-H.r.n.. .,.. I:he,letter.must be sent,to the table;bpera. to...K.by certified.rnail., ceSsful'Vad to shut , -,Community bevelOpriien'tPlocic.,. against,,cp139...,dpes not.... 4 . . augur:11 , - Finally, cities. , decide .on appropriate enforcement ). luster-Canie-,.after-• ..Grant_program:.-Sen..Alfonse':, ,well•-nr:., •h_c„ptoPcie4--- Qde ..:- -. mechanisms... .-. ,... for the new cu'-.tomer Service:standards. A viola- um hit-• the standard .penalties;Covered in your tion could.res _in . , _ ..• • • ,1 otiations-'betvveen D.Amato (R-N.Y) .made_clear. - increas e proposed in the-Presi- . ..._ . ..... ...._ _ .... rusefand-Senate that-n0;compromise .,.:that in- -.....d.$dent's. ..budget:.i•Ifbrt.he P*l-r-O;.gram.':-..-. . - r.a,n„ '..agr.e.em.e.nt, ,r special p e-naltie. s._/pro cedures could be ider 39hptt:pc4: clh4p4any funding for c )10 ( 1.2•billlpn;- 99 milbnnimplemented a copy of the CCscable television cu - f.”..... '''..fiifia''' .-.. tomer service standards call NLC's cable_''hotline". at (202) der cliVISCOnslieii:4:i0ii).tlibel.-0-deifi.table;Xt.;.;1-f4'..---:-4--si:-E-:'',..;•I-Lq, ..-sP•'.9Y:c:VI -.4TO.Irzi .!•i..i.. .r7--.•, .--. ::', e,i6•,iirg.--',-.-.4-,.-.,:f i•-••-..,.-s--•-':-':::,..--.:. - •:.::' .•;•:-.. .,-.:.r.!.--.... -:.::2 : .. • - . ..) ablica.ic,,Senoid.1S--'[--.Seri';',Repgblioan,Whip--Trent---:::.ing)or for Teal hopespr.: . .., .„. ly. senous'--...e.fto itto-. "-.---Lott.:(Ft.-11,1iss)•g4ici. -.The CDBG help to..firinceiinFuridd federal --...,,--,,F,,!--2•41,- -...,:. ---‘•1:-.--,.•,-,-!.7,7•,3-."-,-,..,•••.. -:---7----.•.. ...--eii",,:ikt:_,;--..,.,-----7----r,F-,---,--7,-- ----..17,'Fi.,:i..7.•:.41---il-c-z----,---:,-,-,-----,------.--4---•----•-----,•--•-•,----_,- -,-..,-,,,..:-.;--,••-_,,,.:.:-.,.-.:-..t ..----. -.--.--.- ---. - .-: - .1. .. • 1 -;.:,4-1-.-,--,i-;,•:::-.-e.•;:- .;77.•':-;.--.--•-•. • ••,-- -:.•- . .- -........__,:::-...-.-.-- -.. - -: .- • ----•-.----.--.-•...-- .....-:--:,:-.... - .---_,,_„--•.-:,------ • " • . • - • ...- • .. . . . • -• . . . :.•. - .-..-.--;?.:-" - -.--.%. - " : . - •' - ' . . • . . . . f„ 4 " 1► 'm r,,. //Allw�y' �% CITE ' 'JF RENTON t ' `'° :;. City Clerk Earl Clymer, Mayor Marilyn J.Petersen II jv I , March 10, 1993 Mr. Lon Hurd I 3-H Management Cable Office 4517 California Avenue SW Seattle, WA 98116 Re: Letter from Seattle Mariners Dear Lon: • Enclosed is a letter received today from the Seattle Mariners regarding the cable franchise. Since you are the expert on this subject, please add the letter to your file. Please call if additional information is needed. Sincerely, ,..-- / / i�r/ Marilyn J. sen, CMC City Clerk � 235-2502 cc: Iwen Wang I I • 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 THIS PAPER CONTAINS 50%RECYCLED MATERIAL,10%POST CONSUMER Milf? '( o •1.99;; +'{moi.• March 8, 1993 CiTy CLi_ ,, , ,E::FIC Ms. Lori Wood City of Renton � 200 Mill Avenue South Renton, WA 98055 Dear Ms. Wood: The Seattle Mariners would like to be notified when the cable-tv franchise is due for renewal between the City of Renton and TCI Cable Company. We would also appreciate advance notification of any public hearing's you may schedule concerning this franchise renewal. You may notify us of these proceedings either in writing: Mr. Paul Isaki Vice President Business Development Seattle Mariners P. 0. Box 4100 Seattle, WA 98104 or by telephone at (206), 343-4619 or (206) 628-3555. It is our intent to provide written information, and/or provide oral testimony, for your record of decision on this franchise renewal and we would appreciate learning about your procedures for doing so. Thank you for your assistance and we look forward to hearing from you soon. leirerely,/ Paul S. Isaki Vice President Business Development PSI/jo P . 0 '. AO X 4100 . SEATTLE , W A S H I N 6 T 0 N 9 8 1 0 4 2 0 6 6 2 0 . 3 5 5 5 VI ,(1 �` 1076 S. Franklin St. '1 Olympia, WA 98501 _A\,4jI' (206)753-4137 ASSOCIATION OF WASHINGTON CITIES CITY OF RENTON April 13, 1993 1 APR 1 9 1993 HECEIVED CITY CLERK'S OFFICE TO: Mayors, City Managers, City Clerks FROM: - Stan Finkelstein, Executive Director RE: New Cable Television Regulations The Federal Communications Commission (FCC) announced new regulations for the cable television industry earlier this month. The new rules implement the Cable Consumer Protection and. Competition Act of 1992. . Cities and towns are affected in a number of ways by the regulations. Enclosed are two recent articles excerpted from the Nation's Cities Weekly that highlight the impact of the FCC's action on cities and towns. As additional information on this subject is made available, we will share it with you. Also, a cable television workshop has been scheduled during the Association of Washington Cities 1993 Annual Convention in Yakima, June 22-25. Look for further details in the convention registration brochure, which should arrive at city hall shortly. If you have any questions about either the enclosed articles or the convention workshop, please contact AWC Program Coordinator Curt Payola at (206) 753-4137, SCAN 234-4137, or toll -free message line 1-800-562-8981. SSF/CP i enclosures !iL : P.ItAL. 30(/-61"C ' r I ' Cooperation for Better Communities l (These articles were written by Renee M. Winsley for the National League of Cities, and they originally appeared in the April 5; 1993, edition of the Nation's Cities Weekly.) FCC ADOPTS CABLE RATE RULES; TEXT NOT YET AVAILABLE The Federal Communications Commission (FCC)adopted rules governing the regulation of cable television rates on April 1, 1993. iIn a 13-page press release and summary, the FCC highlighted what its final rules will say. The Report and Order, which contains the actual text of the final rules, will be published in the Federal Register within 30 days. Once, released, it will be possible to obtain a copy of the Report and Order by calling ITS, the FCC's printing contractor, at (202) 857-3822 or by ordering that issue of the Federal Register by calling (202) 783-3238. According to the FCC press release and summary, it appears that the rate regulation rules most significant for local governments include the following: • The FCC adopted a national per channel benchmark rate method of determining reasonable rates. Rate reductions will be based on rate levels as of September 30, 1992. Depending on the characteristics of the cable system, a table containing a series of benchmarks will determine the actual benchmark rate for your system. If the rates for a cable system on September,30, 1992 were above the benchmark rate'; such rates may be reduced to the benchmark rate or by 1%, whichever rate reduction is less. The regulated rate is adjusted to take into account the rateof inflation since September 30, 1992. • The rules will go 'nto effect approximately 75 daysafter the adoption of the Report and Order. • Local franchising authorities have the right to regulate the basic service tier if certified by the FCC; however, the FCC may regulate basic rates in a jurisdiction if a local government indicates that it does not have the legal authority (e.g. due to a state prohibition on rate regulation) or the resources to regulate. • • The commission ordered a rate freeze for 120 days for all cable rates in effect on April 5, 1993, other than rates for premium and pay-per-view program services?;, and equipment. • There is no automatic rate reduction. Local franchising authorities will have to be certified to regulate basic rates before such rates can be reduced. The FCC is authorized to reduce rates for "cable programming service" tiers only in response to complaints by consumers, franchising authorities or other relevant state or local government authorities. • Cable,operators are presumed not to be subject to effective competition; a franchising authority may rely on this presumption when applying for certification. • Franchising authorities may begin filing for certification to regulate basic rates 30 days after publication of the FCC Report and Order in the Federal Register. • • Franchising authorities may order rate refunds if it is determined that a basic rate is not reasonable; the FCC may order refunds if the rate for a"cable programming service" tier is unreasonable. Reasonableness is based on the benchmark rate. • The same benchmark rate will apply to both the basic service tier (which contains local television broadcast stations and PEG access channels at a minimum) and the "cable programming service" tier (which contains programming other than local television broadcast stations, PEG access channels, premiums, and pay-per- view channels) in order to decrease incentives to create "stripped-down" basic service tiers. ' • . After August, 1993, the ,Commission will conduct cost studies of selected operators and test the accuracy of its benchmark model. After receiving and analyzing the data, the FCC may order additional rate deductions if necessary. NATOA EXPRESSES OPTIMISM ON FORTHCOMING CABLE RULES The National Association of Telecommunications Officers and Advisors (NATOA) commended the April 1 announcement by the'Federal Communications Commission (FCC) of forthcoming rules governing regulation of cable television subscriber rates. NATOA expressed optimism that the new rules will lead to greater protection of cable consumers nationwide. This critical FCC. rulemaking arose from Congressional passage of the Cable Consumer Protection and Competition Act of 1992 ("1992 Cable Act"). . In reviewing the FCC announcement, NATOA President David Olson stated that "although we await full text of today's action, we are particularly pleased that the Commission appears to have taken seriously its responsibility under the 1992 Cable Act to provide prompt relief to consumers." ♦f He said, "We commend the Commission's decision establishing a mechanism to rollback rates nationwide in accordance with local government recommendations, and to provide the means (including interim rate freezes) foil further reductions in monopoly cable rates toward levels that approximate a competitive marketplace. Moreover, we appreciate the Commission's recognition of the importance of both localism and ease of administration by establishing a per channel benchmark national system of rate regulation with a strong role for local franchising authorities." "We will make every effort to carry out our end of this partnership with the FCC, and provide new protection to consumers in jurisdictions throughout the nation," Olson said. NATOA Vice President William) Squadron stated that "clearly, the new rules will provide interim relief until the real answer--competition--materializes. The Commission appears to be taking a balanced approach that 1 e hope will soon begin to provide rate relief to beleaguered � consumers. Upon issuance of thefull text, NATOA members will work cooperatively with the Commission and its staff to see that the rules are fully implemented." NATOA had filed comments in the FCC rate regulation docket jointly with the National League of Cities, the U.S. Conference of Mayors, and the National Association of Counties. • P . • • ' [CP93:cabinews.txt] February 8. 1993 Renton City Council Minutes Pae 63 a. Modify the north-south rapid rail service plan in the Tukwila area to show both the Interurban and SR-99 alignments for further evaluation; b. Provide rapid rail service to the urban and employment center sin Renton and Tukwila by 2015. Connect the east-west rapid rail service from North Renton to the north-south rapid rail line, with stations as generally depicted on Map B; c. As an alternative to express bus service, extend the commuter rail to North Renton until completion of the rapid rail service to North Renton, at which time the use of the line will be reassessed; d. Provide a convenient connection between the east-west rapid rail line and commuter rail system. 5. To achieve a positive vote in November, 1993, the JRPC should pursue such alternatives as reviewing the total system plan phasing (with the change in 4 above, for regional phasing, purposes) and/or utilizing other financing alternatives. MOVED BY TANNER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT.** *Councilwoman Mathews proposed an amendment to the first paragraph of the Committee report to reflect proposed changes to the plan that have not been identified. MOVED BY MATHEWS, SECONDED BY TANNER LANGUAGE AS PROPOSED BE ADDED TO THE LANGUAGE OF THE REPORT. CARRIED. **M'AIN MOTION AS AMENDED CARRIED. NEW BUSINESS Councilwoman Mathews expressed concern over a new proposal by King King County: Pool County. According to Suburban Cities Association (SCA), cities such as Responsibility Renton who own their own community pool will not be eligible for proposed reimbursement of jail or health service costs. Only those cities who opt to assume responsibility for County pools will receive the reduced costs. Mr. Covington will investigate the matter. Citizen Comment Carson Correspondence was read from Frank G. Carson, 1737 Lake Ave. South, - Utility Rates Renton 98055, expressing dissatisfaction over the City utility rate increases. Utility: Cable Rate Councilwoman Keolker-Wheeler read correspondence from Gary Increases Hokenson, General Manager, TCI Cable, stating that the February 1 ! statements will include a rate increase. The letter further noted that some 1 customers will receive the increase notices with less than the required, 60- day notice and that credits to these accounts will be issued on the March statements. Ms. Keolker-Wheeler asked for follow-up by the Administration on this matter. Executive Session MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, • COUNCIL CONVENE 'INTO EXECUTIVE SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS (Time 8:33 p.m.). • �; Request for Eranehise Renewal Proposal II. IDENTIFICATION AND OWNERSHIP CITY OF RE TON Name of Business: TCI of Seattle, Inc. i 2 1 Ig92 , Form of Business: cable television t.:61 Y CLERK'S OFBCE State of Organization (incorporation): Washington Date of Organization (incorporation): February, 1986 ,Address of Principal Place of Business: 5619 DTC Parkway Denver , CO 80111 .Address of Principal Place of Business within State of Washington: • 2233 112th Avenue NE •. Bellevue, WA 98004 • LoglAddress: 15241 Pacific Hwy. S . • Seattle, WA 98188 Name, address and telephone number of person whom City should contact in processing application: Mona Bates , General Manager P� 9 this aPP 206/433-3434 15241 Pacific Hwy. S . Seattle, WA 98188 • cc: Lon Hurd Jay Covington • Lynn Guttmann - r' I} • 4 • 1 r '40 - ,�� _ i4�//4/1'1®1 a ISSUE DATE(MM/DD/YY) ,kCERTiFICAI ® `INSURANCE , 1 / ,a .i �$ rc l;i.s a�^, d'' „ E4&�a M„e.at \ ^„*tvd��,s3.m,. �'k. at,. .34,,,,:,,!,,,,,$,,,,,, -•r„ ?s' d � 1210-91 PRODUCER - 'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND• DESPOT NELSON & COMPANY • .: . . • CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE INSURANCE 'BROKERS "INC " DOES.•NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5251 DTC PARKWAY, SUITE- 415 ' •' ENGLEWOOD, , CO 80111 COMPANIES AFFORDING COVERAGE COMPANY A ROYAL INDEMNITY INSURANCE CO. - LETTER COMPANY • INSURED LETTER: B ON • TCI 'OF SEATTLE' INC. _—�,.,. ENY. • COMPANY C $:' , LETTER • 5619 DTC 'PARKWAY • 91 �� • • COMPANY • ENGLEWOOD, •CO 60111 •• .' - - LETTER Lf' 051113 COMPANY E. ' Qtr(CLEWS OFFeGE • . LETTER COVERAGES �' ,�p.:�:'a:• t'; .,^, ,';,.,,,--•:,..0.7,,, t ,. at".';�..,,,,a Sa?.... ie' e,,..G.:..Fg .i.3. .. 'f . ... '. ',1,-,•:,••‘ .......�.c:,�- THIS IS TO CERTIFY THAT THE-POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION • TYPE OF INSURANCE, POLICY NUMBER LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY . ' • 'GENERAL AGGREGATE ,S)..9_0_,...0_0_0_:, A • X COMMERCIAL GENERAL LIABILITY RHN - 004405; , 01-01-92 ' 01701-93 PRODUCTS-COMP/OP AGG $1 r_QQQ_r QQQ•, '!, , CLAIMS MADE[ X. OCCUR. ' ' . PERSONAL&•ADV.INJURY r(Q0Q',Q00 OWNER'S&CONTRACTOR'S PROT - '' ' ' , - EACH OCCURRENCE $l_,000,000 , FIRE DAMAGE(Any one fire) $ " MED.EXPENSE(Any one person, $ AUTOMOBILE LIABILITY " COMBINED SINGLE $ ANY AUTO LIMIT ' ALL OWNED AUTOSBODILY INJURY SCHEDULED AUTOS • (Per person) $ HIRED AUTOSBODILY INJURY NON-OWNED AUTOS • (Per accident) $ GARAGE LIABILITY ' PROPERTY DAMAGE $ ,. EXCESS LIABILITY , • ' . EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE • . $ ' OTHER THAN UMBRELLA FORM '• ' WORKER'S COMPENSATION STATUTORY LIMITS - • EACH ACCIDENT • $ AND _ _.... , • DISEASE—POLICY LIMIT $ ' EMPLOYERS'LIABILITY • DISEASE—EACH EMPLOYEE $ _ — 'OTHER, „ I - .. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ,. - - RENTON, WA • CERTIFICATE HOLDER.-IS NAMED AS ADDITIONAL. INSURED ,ON THE GENERAL. LIAB. ' POLICY. ABOVE, IF REQUIRED BY WRITTEN CONTRACT. 'CABLE TELEVISION AND/OR MICROWAVE TRANSMISSION. ' ,,- . .,;..; 4a .' ' fit, < ;,,;Pq � �'.Rd tt � tt�, t�„r` .i aaa a,'`.` ti ro^ ¢,`a, P a; r �y '.CERTIFICATE,�HOLDERv�,�...,• , . x''�'� • ..�, �. �;•-CANC�LL.ATI,bN ' , a ' • ' .SHOULD ANY OF THE-ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY -OF RENTON • -• r; •EXPIRATION DATE THEREOF, THE ISSUING.COMPANY WILL- ENDEAVOR TO 200 MILL AVENUE , ''MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE RENTON, -WA •98055 - - L-- 'LEFT, BUT FAILURE TO, MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN• CITY CLERK LIABILITY'OF ANY KIND UPON T COMPANY ITS ENTS R REPRESENTATIVES. • • . ' . '' t' AUTHORIZED REPRESENTATIVE , CRAIG J. NELSON '— V.P..- ' ACORD,25-S,(7 90) , „„= `` . . .;h ©ACORD CORPORATION°1990 i . , , ,.,„, ft 1 g'''''',-I.):t C,L A f e,„, :�" "h �t; �'w. oz't. Gii _ s:� r•'i �uy ...' ;,j>; w4� i� °t:,1)00111`11:::) ....�� y ...f,•.,s ,. -,.,.. .v �.#'x,•/�:. :.... r b., .< .,�f.,i`� ,. v.. ...-. �`c.P ... .,:s�(rS ,..9 .: .0!i ,.. . .,. .•. .,.� „:;:'S ,'. w.vya '"h,.' j '1. c"i }��,, .w x'. f' �>3.F"' � L {i t ��'S� °z. q\ `t` k. .,... ' „ : r h t'Y .4I:' �: R ,zsi a 4•« F.: s: r.//j � t" '6`7. �+%` �,.,..P -:#"�%a.,j.:i��$'"'s..� ius 3i� C��ii' A"°:: `�:, #a : >},.x". e� s,....3 �i `s ter.i�.�` r' �i�`"<, F� � a��°�.s/�V '"r� :$,.,?, 4�� r^^ �-'"yq}„:',i1"« _s li;.Yp ft 6^&#g,:�. �. � P,ggSIR �y qac.,;, AC;T`z F1�s�9'4.G t3,c,1 `” j G� ti tr �.... 'iS,1,:f�e."`� Cil 1�``,.tOr sE .�.''" ',';PA II i'ii C ATP [ $.... � ,n t:..;k ',w,'xfi»wzs Jr . :.!,_ , .) , , :. ` y..e..' .i.. „ �• "13 .,4.„, airy '. an _ ,.'S`5:' .iti, 7) --; -q , - August 16,1991 -- Gary Hokenson State Manager AUG 2 1 1991 TCI of Washington , 13343 Bel-Red Road, Ste. 101 . Bellevue, WA 98009 CITY CLERK'S OFFICE SUBJECT: Request for Renewal Proposals for the Cities of ' i Renton and Tukwila, Washington . - Dear Gary: ' j Attached are subject Request for Renewal Proposals (RFRP). You will note the similarity of the two documents., By consolidating the requirements of these communities wherever possible it is expected that the negotiating period may be reduced both for TCI of Washington and for the cities involved. This is not to imply that there will necessarily be identical ordinances as a finished product of the franchise renewal process, but only that at this point it is felt that the commonalties can be addressed more expeditiously. We will appreciate your c ntinued cooperation which you have always extended in the past. Please do not hesitate to let us know if you have any questions regarding the format of these RFRPs. i Sincerely, 1 3-H C LE C MMUNICATIONS CONSULTANTS iil�/:6-------- Miles H. Overholt , Senior Consultant MHO/ss I, Enclosures 1 cc Mona Bates, TCI Doug Micheau, City of Tukwila John McFarland, City of Tukwila Jane Cantu, Tukwila City Clerk . : Jay Covington, City of Renton Marion Peterson, Renton City Clerk \ ; 4517 California Avenue Southwest, B Seattle,Washington 98116 (206)935-9040 Request for Franchise Renewal Proposal INTRODUCTION In accordance with the intent of Section 626 of the Cable Communications Policy Act of 1984, the City of Renton, Washington solicits a proposal from TCI Cablevision of Washington, Inc., the incumbent cable television franchisee. The City of Renton currently has 11,615 subscribers to the cable television system. The City is conlsidering annexing additional areas which will increase considerably the number of dwelling units within its jurisdiction. The City, therefore, looks to a cable television system that will not only address its population gain, but that will be responsive to the social needs of its present and future residents. The City recognizes, too, that the technology of cable television is rapidly evolving and therefore it seeks a dynamic relationship with the cable operator that will afford the City the opportunity to take advantage of emerging developments in features and services over the term of the new franchise. The attached draft proposed Master Cable Television Ordinance and Cable Television Franchise Ordinance reflect these positions of Renton. In order to arrive at mutually satisfactory agreements within the shortest time, it is desired that the applicant, TCI Cablevision of Washington, Inc., specifically address its proposal tol these documents. Please indicate your comments section by section. For the sake of clarity also indicate which sections require no further discussion. Those sections of the proposed ordinances which, in the applicant's opinion require further review should be clearly identified. In those cases it is desired that PTCI Cablevision of Washington, Inc. submit precisely what wording is suggested in place of the present language. Additionally this RFRP contains an application form which, together with a non-refundable application fee, must be submitted by the date indicated. The City of Rentoin has identified the future cable-related needs and interests of the community and has expressed them in the proposed ordinances. It will, after it has received your proposal in reply to these suggested ordinances, consider whether TCI Cablevision of Washington, Inc.'s i\\\ City of Renton Request for Franchise Renewal Proposal response is reasonable to meet these expressed conditions taking into account the cost of meeting such needs and interests. It is anticipated that the discussions will follow TCI Cablevision of Washington, Inc.'s response to the RFRP which will result in an understanding so that the City may enact a final version of a Master Cable Television Ordinance and Franchise Ordinance encompassing the negotiated agreements. \L\ 2 City of Renton Request for Franchise Renewal Proposal I. APPLICATION FOR A COMMUNITY CABLE COMMUNICATIONS SYSTEM Applications for a community cable communications system franchise are available at the City Clerk's Office, 200 Mill Avenue South, Renton, Washington 98055. Applications and proposal shall be returned to the City Clerk's Office at which time and place the proposals shall be opened and read. All proposals (10 copies) are due by October 21 , 1991 and must be accompanied by a non-refundable filing fee of $2,500.00. The check shall be made out to "City Clerk, City of Renton". Proposals shall provide such information as required by the City as evidence that the applicant is qualified to provide the services required. Proposals shall be submitted in the format of the application. Envelopes shall be sealed and addressed to the City Clerk at the above address. Envelopes shall be marked "Proposal for CATV System". 3 City of Renton \ I � I Request for Franchise Renewal Proposal II. IDENTIFICATION AND OWNERSHIP Name of Business: Form of Business: State of Organization (incorporation): Date of Organization (incorporation): Address of Principal Place of Business: Address of Principal Place of Business within State of Washington: Local Address: Name, address and telephone number of person whom City should contact in processing this application: 4 City of Renton y��'qgr ,{ ?F"�-i.F s',1,':,,.',,;,.�C axa �...... �b ��..•�'�' � a ,,,j '�• � F' ti!��Y�r�t:��b`i pa S;:�Sx � :.; ` ',,',-.-.1,.,, 1 a(,{)N ?.4 y 3.x "•5)a:3 , f �`:.4u• '. lit f'M .) a z:'% i 1. C ri, n n g qq CDUI` k.i."si 't �'T Y 4;vtid k S•..„� u w G 4.4 N.4.a� V @a k tT 1....3 fi � \' ,t-;:?;;E, � g /'/'/��ddL{(ii' ry'}: » . Xh�` ',i.'. :aa�t '.3 i.j '1D * ynl r: "1"'' a.: PRE �}".� it All i- g Eli °En k.�+`. „-::—:.,/,',2f ' ;t>Y'xi. v 'J $sir 4 Y.:, x q, �&:..�Ya a h.�a d.:,: Z �a�Q$.w�§ f h LX-a`�. � �' S i..�..t �0�,: .a+t F t w Y � � D vc °E'A LU A." rt'2i'',1 El ' #,.R .NC H ISE AD 10. , 1101 ES d .v Cab:Ie�.:Co.mrn:un`icaa ���ns�consultants_ CITV OF RENTON March 27, 1991 MAR 2 91991 REcElvED :.:ITY CLERK'S OFFICE Larry Williams Plant Manager TCI CABLEVISION OF WASHINGTON 15241 Pacific Highway South Seattle,WA 98188 RE:' TCI Cable Failure in the City of Renton,January 16, 1991 Dear. Larry: Thank you for your letter iof February 22, 1991 explaining the cable outage in the City of Renton. I appreciate your great efforts to restore service to Renton as soon as possible. • While some citizens have reported that they have received reimbursement for time lost during the outage, quite a number have called both the City and our office complaining that they were unable to get through ICI's busy phone lines to request the reimbursement. The City feels it would be best to adjust the bills of each subscriber in the City of Renton to do away with the bothersome task of calling and recalling an often busy customer service line. Please contact me as soon as possible to discuss this. I look forward to hearing from you. , Sincerely 3 1 CA: C Ili i UNICATIONS CONSULTANTS ilirA 1 'A. :'ur. Vice Pr-siden D ector LAH/ss � cc: Mayor Earl Clymer Jay Covington, Exec. Asst. to Mayor Council President Toni Nelson Councilman Jesse Tanner 'Marilyn J. Petersen, City Clerk 4517 California Avenue Southwest,Shiite B Seattle,Washington 98116 (206)935-9040 . 1—ISSUE DATE(MM/DD/YY) A/DORDD® CERTIFICA'i OF INSURANCE 1 11 -7R—an PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND DESPOT NELSON & COMPANY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE INSURANCE BROKERS INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5251 DTC PARKWAY, SUITE 415 ! ENGLEWOOD, CO 80111 COMPANIES AFFORDING COVERAGE • � ,�.�_._._..___�.. ____._......___.._.._.._.,_.._____............_.-....._...-.....�..__._.._._._._.. COMPANY A INSURANCE CO. OF NORTH AMERICA LETTER7;� COMPANY C'IT/ -FIEN TOR INSURED LETTER B TCI OF SEATTLE, INC. COMPANY `+ DEC 0 7 1990 REGENCY PLAZA ONE LETTER 4643 SOUTH ULSTER STREET I COMPANYT DENVER, COLORADO' 8 02 3 7 LETTER D 11(CLERK'S OFFICE CO 051113 LETTERNY E COVERAGES ..». '.:aW...., x:..........::.cw.W...,::w,:.....,..s.......,...:...,.,.sa^ .w...;,»,,..«....nSs.:»a,».�,nw.,.......ua:3:A.van..a,,....,,.'w'...,..e'sSY:.,J4.,,vww.^.:.e,.,1,....,Cn,::."...,,.kws„•.x;:a.....",:nw..,.,..,...wa.aw.....a....4......,.sa...'+,,,a,a..L.a... .,,.,.,w.:,.a.a.,.;....w,....,...,...m.,.:¢.,w.,...,,...Mww,.......rnJ..-..._„ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY I GENERAL AGGREGATE $ • —W A X COMMERCIAL GENERAL LIABILITY XSL G14719726 01-01-91 01-01-92 PRODUCTS-COMP/OP AGG. $ CLAIMS MADw X I OCCUR. PERSONAL&ADV.INJURY $ 1 0 O_0_____ OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE aaa__ FIRE DAMAGE(Any one fire) $ MED.EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ W HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ --„- GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM • AGGREGATE __a_ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION I STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY --� -- —DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RENTON, WA CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON THE GENERAL LIAB. POLICY ABOVE, IF REQUIRED BY WRITTEN CONTRACT. CABLE TELEVISION AND QR LCROW 3LE 'T'BA SJ QT ,, ' .: ,; ' CERTIFICATE HOLDER,' ''" ^ 'CANCELLATION �' „ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF RENTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 200 MILL AVENUE MAIL 3 c) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE RENTON, WA 98055 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN• CITY CLERK LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CRAIG J. NELSON —.._V._P. ACORD'25-S (7190) " , OOACORD CORPORATION 1990, Afr RECEIVED l'41); APR 1 6 1990 CITY OF RENTON RENTON CITY COUNCIL MEMORANDUM DATE: -April 12 , 1990 TO: City Council Members VIA: Mayor Earl C er FROM: Lynn ,` 6 t ann, Director of Public Works STAFF CONTACT: Clinton Morgan, Transportation Systems . -6La,-10 SUBJECT: CABLE COMMUNICATIONS POLICY ACT OF 1984 / MASTER FRANCHISE T.V. CABLE EVALUATION The purpose of the above policy act is to provide the local. decision makers with the best possible cable franchise renewal information and alternatives in a timely manner. The Cable Communications Policy Act of 1984 recommends that franchising authorities initiate proceedings thirty-six (36) months before the franchise for cable communications expires. Goals of the Act are as follows: 1) Identify future cable-related needs and interests. 2) Explorationjof possible master franchise with other cities to gain a negotiating leverage. 3) Review performance of the cable operator under the current franchise. 4) Establish procedures for vendor selection and assist decision makers in the selection process. 5) Select a negotiator(s) to negotiate the terms of the new franchise with the selected vendor. To accomplish the above task and assist you, the local decision makers, and provide the needed information, we have engaged 3-H Cable Communication Consultants. r- City Council Members April 12 , 1990 Page 2 To assess the community needs, 3-H Cable Communication Consultants will be contacting community leaders, educational leaders and polling a large base of residents through mailed questionnaires. After the community needs have been addressed and prioritized, they will put together in a proposed draft of a master franchise document for the City Council's review. If the draft of the master franchise document is acceptable to the City Council, it will be used as 'a basis for negotiating with TCI Cable Company for their franchise renewal. The above information is supplied so you will be aware of this initial process. CEM318:jg cc: John Ralston Lon Hurd March 19, 1990 Renton City Council Minutes Pane 88 Public Works: Metro Public Works/Utility Systems Division requested review of amendment to Sewage Disposal Metro sewage!disposal agreement to include the following changes: (1) same Agreement number of customer equivalents would now result in lower water consumption allowance; (2) imposition of Metro charge equivalent to City's special utility;connection charge; (3) City's continual rehabilitation and replacement oaf its facilities or pay charge determined by Metro. Refer to Utilities Committee. Public Works: King Public Works/Solid Waste Division requested approval of King County County Solid Waste Comprehensive Solid Waste Management Plan by April 11, 1990, deadline. Management P1. Refer to Utilities Committee. CAG: 87-005, 1987 Sewer Public Works/Utility Systems Division submitted CAG-005-87, 1987 Sewer Cleaning, TV and Cleaning, TVI and Grouting project; and requested approval of the project, Grouting Project authorization jfor final pay estimate, commencement of 30-day lien period, and release of retained amount of $10,242.95 to contractor, Gelco Grouting Service, if all required releases have been received. Council concur. Release of Easement: Public Works/Customer Service Division requested partial release of two city Renton Village easements foil sewer and water, Renton Village Association, Grady Way site, Association, Grady Way, RE-002-88. Refer to Utilities Committee and Board of Public Works. RE-002-88 CAG: 90-009, Well 5A City Clerk reported bid opening 3/14/90.for Well 5A Pump Station; 5 bids; Pump Station engineer's estimate: $856,000.00 Refer to Utilities Committee. MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE CONSENT AGENDA. CARRIED. CORRESPONDENCE Correspondence was read from Mary Ryan, Ryan Properties, Inc. 757 Rainier Public Works: Ryan Avenue South, Renton, requesting exemption from the East Renton sewer Exemption from Sewer moratorium as part of Crown Point II development plan. .-She requested that Moratorium, Crown Point the City Council review the issue and provide guidelines as to entitlements to II the Equivalent Dwelling Units (EDU). MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THIS MATTER TO UTILITIES COMMITTEE. WSDOT: Sunset Boulevard Correspondence was read from Kenneth H. King, OmniLogic, Inc., P.O. Box Traffic (King) 87, Renton, representing property owners on Sunset Boulevard and requesting the opportunity to address Council this date on the subject of traffic circulation problems on Sunset Boulevard between Bronson Way and I-405 and the impending S-curve project. Brent McFall, Administrative Assistant, stated that the matter of the North Renton Arterial Plan would be addressed at the Transportation Committee in early April and suggested that comments from Mr. King should be presented at that time. Mr. King asked that discussion not be delayed since plans are nearing completion by WSDOT. He stated that some important factors should be considered at this time which would impact the S-curves project, and he has met with they State Department of Transportation and discussed his ideas for Renton. Upon Council inquiry, Mr. McFall answered that the North Renton Arterial Plan is a City. project and the S-curves is a State project. Further discussion followed regarding the concerns of the aquifer protection and the impact that has on these projects. Councilman Stredicke reminded Council that the study of the arterial plan would be presented on March 22 at the Transportation Committee meeting. MOVED BY KEOLKER-WHEELER, SECONDED 1 BY ZIMMERMAN, COUNCIL REFER THIS MATTER TO THE TRANSPORTATION COMMITTEE. CARRIED. OLD BUSINESS Public Safety Committee Chairman Edwards presented a committee report Public Safety Committee recommending Council concurrence in the recommendation of the Police Police: Cable TY Funds, Department to use cable TV funds to fund the Crime Stoppers reenactment of CrimetoSpp s ; the Snedden homicide. The Committee further recommended the matter be referred to the Ways and Means Committee for the proper legislation to transfer $3,500 from the Cable TV fund to the Police Department budget. MOVED BY'EDWARDS, SECONDED BY ZIMMERMAN, COUNCIL CONCUR IN COMMITTEE RECOMMENDATIONS. CARRIED. _.a / PUBLIC SAFETY COMMITTEE COMMITTEE REPORT : MARCH 19, 1990 CABLE TV FUNDS FOR CRIME STOPPERS PROGRAM (Referred 3/5/90) The Public Safety Committee recommends Council concurrence in the recommendation of the Police Department to use cable TV funds to fund the Crime Stoppers reenactment of the Snedden homicide. • The Committee further recommends the matter be referred to the Ways and Means Committee for the proper legislation to transfer $3 , 500 from the cable TV fund to the Police Department budget. r/ /a/ Bob Edwards, Chair ter-- ;71/ Richard Stredicke, Vice-Chair • I eresa Zimme man, Member r , March 5. 1990 _Renton City Council Minutes __ Page 71 Police: Cable TV Funds, Police Department requested the use of $3,500 of Cable TV funds to pay for Crime toppers Crime Stoppers re-enactment of Snedden homicide. Refer to Public Safety Committee. MOVED BY MATHEWS, SECONDED BY ZIMMERMAN, COUNCIL ADOPT CONSENT AGENDA. CARRIED. CORRESPONDENCE Correspondence was read from Joe Puhich, owner of Puhich Dry Cleaners, Citizen Comment: Puhich 319 Main Avenue South, Renton, requesting a change in his utility billing - Commercial Utility procedures. His business is currently billed a minimum commercial garbage Rate rate of $14 per month. He requested that his payment be credited to Riffelstein's Restaurant account because he has been using the large garbage • dumpster with their permission. Staff has denied this request since it is contrary to current billing procedures. He is asking the Council to change the policy in order to allow his payment to be credited to the adjacent business. MOVED BY KEOLKER-WHEELER, SECONDED BY ZIMMERMAN, COUNCIL REFER THIS MATTER TO THE UTILITIES COMMITTEE. CARRIED. OLD BUSINESS Transportation Committee Vice-Chair Nelson presented a Transportation Transportation Committee Report regarding Bosely access to Sunset Avenue NE - Committee Summerwind Division No. 5. The Committee met on 3/1/90 and was shown Streets: Bosely Access to a design of the alternative access road connecting the private road through a Sunset Blvd. NE cul-de-sac as part of Summerwind Division No. 5. Adjoining residents who (Summerwind #5) had participated in a meeting on 2/20/90 were present, and all parties were in agreement as to appropriateness of the design and location of this alternative access road. The Committee recommended that the City Council authorize closure of the private access road at its connection with Sunset Boulevard NE which would occur only after the alternative access road has been completed and accepted by the City of Renton and the plat of Summerwind Division No. 5 recorded, showing whatever dedication is necessary to'permit access of these residents through the plat of Summerwind Division No. 5. The Committee further recommended that the City obtain an appraisal of the residence of Arlene Bosely to determine whether or not it is devalued in ny fashion by this change in access. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL CONCUR WITH COMMITTEE REPORT.* Upon Council inquiry, City Attorney Larry Warren explained that the City would bear the cost of the appraisal, estimated to be about $1,000, since the roadway property is not part of the Summerwind development. Further discussion was held regarding potential risk to the City if compensation is not offered to properties devalued by the alternative access road. *MOTION CARRIED. Streets: NE 10th Street Vice-Chair Nelson presented an update on the NE 10th Street petition for Stop Signs stop signs. The Committee met on 3/1/90 to discuss the NE 10th Street petition for stop signs. The Traffic Engineering Division recommended the placement of speed humps. Since concern was received from the Fire Department that speed humps may affect emergency vehicles, another Committee meeting is scheduled for 3/15/90 at 4:30 p.m. at which time Traffic Engineering, Fire and Police staff will discuss the emergency vehicle issue. Council discussion followed regarding the coordination and distribution of pertinent information on current issues and policies affecting city departments and responses from the affected departments. Community Services Community Services Committee Chairman Zimmerman presented a report Committee regarding the Senior Housing Bond Issue Project, City Council retention of Parks: Senior Housing Site jurisdiction over the rezone application process for the two selected sites. Selection The Committee met on 2/20/90 to review two proposals: (1) Highlands Senior Housing Site Rezone (R-2 to R-3)--that the Council consider retaining jurisdiction over the joining City/Housing Authority rezone application as recommended by staff and requested by the Housing Authority, owner of the site. (2) Cedar River Senior Housing Site Rezone (L-1 to.R-3)--that the Council also consider retaining jurisdiction over the City-initiated rezone application for this City-owned site. The Committee discussed supporting factors of the proposals including the City Council's mandated retention of the final authority to act on all rezone applications, with only the public hearing process being delegated to the hearing examiner. Also, there would be concurrent site approval permit applications to the hearing examiner, combined with a standard review and recommendation process by the Current Planning Division. MOVED BY ZIMMERMAN SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. • . For.Use .BypCity Clerk's Office Only • # O . ( . AGENDA ITEM RENTON CITY COUNCIL MEETING s a ==aa SUBMITTING Dept./Div./Bd./Comm. Police For Agenda Of March 5, 1990 (Meeting Date) Staff Contact Chief Wallis (Name) Agenda Status: SUBJECT: Use of Cable T.V. funds to pay Consent X for CrimeStoppers re-enactment of Snedden Public Hearing Correspondence homicide. • Ordinance/Resolution Old Business Exhibits: (Legal Descr. , Maps, Etc.)Attach New Business Study Session A. Other C. Approval : • Legal Dept. Yes_ NoN/A_ ;COUNCIL ACTION RECOMMENDED`:.,..Refer to Public Finance Dept. Yes— No_ N/A • .Safety Committee -Other Clearance • • • -FISCAL IMPACT: • Expenditure Required $Amount t Appropriation- Expenditure 3,500 Budgeted Transfer 'Required SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages)f necessary.) The local Crime Stoppers program can do a re-creation of a crime at a cost of $3,500. The normal wait to get a_ crime on- the Crime Stoppers program. is approximately. on.e. year. If we pay for the development-and filming of the Crime. Stoppers video we, _can get the spot on T. V. within the next six weeks. - Hopefully, this will generate renewed interest in the case and generate additional tips. PARTIES -OF RECORD/INTERESTED CITIZENS. TO BE CONTACTED: • SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. • February 19. 1990 Renton City Council Minutes Pane 55 OLD BUSINESS Council President Nancy Mathews presented the Committee of the Whole Committee of the Whole report regarding the matters as follows: Finance: 1990 Computer Acquisitions The Committee met on February 12, 1990 to review recommendations of the Data Processing Steering Committee for 1990 computer hardware and software acquisitions, review a demonstration of geo-base data systems, and discuss a procedure for appointment to open Council seats. The Committee recommended the following actions: 1. Approval of the 1990 computer hardware and software capital improvement program as recommended by the Data Processing Steering Committee and release of budgeted funds. 2. Staff is directed to prepare a draft policy regarding release of data which is available in electronic media. Council: Selection Policy 3. Staff is directed to prepare a draft policy on the procedures to be for Vacancies for Council followed by Council to select a new member for a vacant council seat. Seat MOVED By MATHEWS, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chairman Nelson presented a report regarding the Renton Citizen Comment: Renton School District request for variance from underground storage tank ordinance School District - Variance submitted on January 18, 1990. On February 14, 1990, the Renton School of Underground Storage District withdrew their request. The Committee recommended Council Tank Ordinance concurrence in the request of the Renton School District to withdraw their request. MOVED BY NELSON, SECONDED BY ZIMMERMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services MOVED BY ZIMMERMAN, SECONDED BY MATHEWS, COUNCIL Committee. REMOVE FROM THE TABLE THE COMMUNITY SERVICES Utility: TCI Cable COMMITTEE REPORT REGARDING CABLE SERVICE NORTH OF N. „Strvi N. 30th and 30TH AND NEAR VALLEY MEDICAL CENTER. CARRIED. MOVED Hospital Area BY ZIMMERMAN, SECONDED BY MATHEWS, COUNCIL REFER THIS MATTER BACK TO COMMITTEE FOR FURTHER STUDY. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Keolker-Wheeler presented a report Committee recommending Council concurrence in the request of the Finance Director for Finance: 1990 Computer the following computer acquisitions: Community Development: Housing & Acqusitions Human Resources Division - two PCs - $5,000; Zoning - PC - $2,500; Finance: Accounting - two PCs - $8,500; Police: Investigations - upgrade laptop PC -j$3,000. MOVED BY KEOLKER-WHEELER, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Personnel: Wellness and Ways and Means Committee Chairman Keolker-Wheeler presented a report Health Promotion indicating that no further action is required on the Wellness and Health Committee Policy and Promotion Committee Policy and Procedure referred to the Ways and Means Procedure Committee on 2/12/90 for information only. The Committee requested that all Council members receive copies of the policy. Personnel: Public Works Ways and Means Committee Chairman Keolker-Wheeler presented a report Job Classifications recommending Council concurrence in establishment of two job classifications in the Public Works Department: Civil Engineer III (Grade 14) and Engineering Specialist at Grade 12; and adjustment of Engineering Section Head salary] level to Grade 16. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilman Stredicke expressed concern that these changes in classifications should be made at mid-year and not on monthly basis. Councilman Keolker-Wheeler called attention to the fact that at the budget hearings, Public Works Department reported that a salary study had to be done before assigning these classifications and the information would be presented to Council upon completion of the study. That information has now been compiled and the results are in this request. Councilman Stredicke reiterated that he was still opposed to this matter. Ways and Means Committee Chairman Keolker-Wheeler presented the following ordinances for second and final reading: 9 COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT FEBRUARY 12 , 1990 CABLE SERVICE NORTH OF N. 30TH AND NEAR VALLEY MEDICAL CENTER (Referred 12/5/88) The Community Service Committee recommends Council concurrence in the recommendation of the Public Works Director to remove this item from the referral list. TCI Cable Company reports that it is not economically feasible for them to go into the area because of a freeway crossing. Also, only one person has requested service in the area. TCI has indicated they will be glad to provide the service as soon as more development occurs. • eresa Zimmerman, Chair I se -4T nner, Vice-Chair Toni Nelson, Member -P�February 12. 1990 'Renton City Council Minutes Pane 46 Personnel: Wellness and Personnel Department submitted Wellness and Health Promotion Committee Health Promotion Policy and Procedure for Council review and adoption. Refer to Ways and Committee Policy and Means Committee. Procedure MOVED BY MATHEWS, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Councilwoman Keolker-Wheeler asked whether the Detour Tavern has been Sign Code: Detour Tavern cited for violation of the Sign Code. Mr. McFall agreed to provide a report. Community Services . Community Services Committee Chairman Zimmerman presented a report Committee recommending Council concurrence in the recommendation of the Public Utility: TCI Cable . Works Director to remove this item from the referral list. TCI Cable Services N. 30th and Company reported that it is not economically feasible for them to go into the Hospital Area area because of a freeway crossing. Also, only one person has requested !service in the area. TCI has indicated they will be glad to provide the Iservice as soon as more development occurs. MOVED BY ZIMMERMAN, i,SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. In view of high volume of development activity in the area of the hospital, Councilman Stredicke questioned why TCI is delaying extension of cable service. Following discussion, it was MOVED BY MATHEWS, SECONDED BY NELSON, COUNCIL TABLE THIS MATTER FOR ONE WEEK. CARRIED, Annexation: May Valley Councilwoman Zimmerman reported receipt of a notice from King County indicating that the City of Renton may submit comments during the SEPA period for the May Valley development by notifying King County. MOVED BY ZIMMERMAN, SECONDED BY STREDICKE, COUNCIL CONTACT KING COUNTY TO BE ADDED AS PARTY OF RECORD FOR MAY VALLEY DEVELOPMENT PERMITS. Utilities Committee Utilities Committee Chairman Nelson presented a report regarding the King County: Solid Waste Suburban Cities resolution on the King County Comprehensive Solid Waste Management Plan Management Plan. The Committee met on 2/9/90 to review the Suburban Cities Association proposed resolution which will be presented to Suburban Cities membership for adoption on 2/14/90, and recommended that the Council go on record as supporting the resolution. The Committee will review the entire comprehensive plan ordinance prior to the adoption deadline on 4/11/90, and reserves the right to comment further on the plan. The recommendation to support the resolution does not preempt the City's right to takes its own action on the comprehensive plan. MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Council President Mathews announced that Councilwoman Keolker-Wheeler will represent Suburban Cities Association on the solid waste interlocal forum. PUD: Final, Victoria Hills Council President Mathews corrected a memorandum dated 2/5/90 from the Phase II, FPUD-042-85 Community Development Department regarding expiration of the bond for improvement of Benson Road submitted by developers of Victoria Hills Phase II FPUD. The bond will expire on January 14, 1991, not 1989 as stated in the letter. ORDINANCES AND RESOLUTIONS ! Ways and Means Ways and Means Committee Chairman Keolker-Wheeler presented the Committee following ordinance for first reading: Zoning: Annual Adoption An ordinance was read adopting the 1990 Zoning Map as official designation of Map for zoning classifications. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL REFER THIS ORDINANCE BACK TO WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. Vacation: VAC-89-003, An ordinance was read vacating a portion'of NW 3rd Street for Storybook NW 3rd Street, Homes, File No. VAC-003-89. MOVED BY KEOLKER-WHEELER, Sundholm's Addition, SECONDED BY EDWARDS, COUNCIL REFER THIS ORDINANCE BACK Storybook Homes TO WAYS AND MEANS COMMITTEE FOR ONE WEEK. CARRIED. Vouchers Ways and Means Committee Chairman Keolker-Wheeler presented a report recommending approval of payment of claims checks #67142 through 67658, and five wire transfers, totaling $1,562,967.62; and payroll vouchers #84446 through 84541 through 84943, and 282 direct deposits, in the amount of $792,230.99 MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS COUNCIL APPROVE THE VOUCHERS. CARRIED. f COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT FEBRUARY 12 , 1990 CABLE SERVICE NORTH OF N. 30TH AND NEAR VALLEY MEDICAL CENTER (Referred 12/5/88) The Community Services Committee recommends Council concurrence in the recommendation of the Public Works Director to remove this item from the referral list. TCI Cable Company reports that it is not economically feasible for them to go into the area because of a freeway crossing. Also, only one person has requested service in the area. TCI has indicated they will be glad to provide the service as soon as more development occurs. (:::: \I ' eresa Zimme an, Char ,. else Tanner, Vice-Chair Toni Nelson, Member ,;a4-(.(-1_. tefl, e-At.,A2Xetit- ol-/P-9a vlJ 3 • 1•l _ .. .. Y ...� a �� .. " ,. ;2+ Y^:.. �4�rF�i t� ..r :l i' �i�l ,,I� .. :f.""�t : •.`.�f,.".f ... 1 .. r f .4 :n'e v;'(::.{ 6:�:. " s.�•t_.rk ti.a i4 „' it 1 r x ., 4... .',1'.f3 .. x.. able: Communication' s- Consultants January 18, 1990 CITY OF RENTON Maxine Motor City Clerk JAN 1 9 1990 RENTON CITY HALL RECEIVED 200 Mill Avenue South Renton, WA 98055 CITY CLERK'S OFFICE Dear Maxine: I am in receipt of the petition filed by Kelly Television Company with the FCC for a declaratory ruling of significant viewing status for the station KCPQ. I have reviewed this petition as well as contacted parties involved and have found that this will have no affect on the City nor on the cable operation within the City. The reason for this petition is to upgrade the FCC classification of broadcast station KCPQ strictly for their own purposes, most likely advertising rates. I have yet to speak to anyone who can inform me as to why each City in these counties have received a copy of this petition. I presume it is for informational purposes only. If you have any further questions, please feel free to contact me. Sincerely, 3- CA: r v411111rt ICATIONS CONSULTANTS fr F! ai on • . Hurd Vice President/Director LAH/ss cc: Clint Morgan 4517 California Avenue Southwest,Suite B Seattle,Washington 98116 (206)935-9040 ler January 8. 1990 Renton:City Council Minutes Page 6 Public Works: Traffic Councilman Stredicke questioned why occupancy was allowed in the Valley Signal on S. Carr Road Gardens medical building prior to activation of the traffic signal on S. Carr (Valley Gardens Medical Road. Administrative Assistant McFall indicated that a rock retaining wall Building) - was constructed on public right-of-way in violation of approved plans. The developer has agreed to correct the sight distance problem by 01/31/90, and at that time;the signal will be activated and the entrance to the facility opened for traffic. Mayor Clymer agreed to find out why occupancy was allowed prior to activation of the signal. (See administrative report for further information.) Aviation Committee Noting that the Transportation (Aviation) Committee will be reviewing Monthly Meetings airport standards, Committee Chairman Stredicke asked that the airport director contact airport tenants to arrive at,a mutually convenient monthly time for the Committee to meet Citizen Comment Councilman Stredicke asked whether Council has acted on the request from a Mathews - NE 120th citizen regarding signalization at NE 10th Street. It was noted that the matter Street Stop Signs _ is pending in Transportation Committee. (Referred 9/18/89) Utility: Cable Rated Upon Council inquiry,'it was reported that the matter of cable rates is pending in the Community Services Committee. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Edwards presented a report Committee recommending Council concurrence in the Mayor's appointment of Herb Appointment: Planning Postlewait to the Planning Commission to complete the unexpired term of Commission Barbara Schellert, who has resigned. The term will expire on 6/30/90. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Ways and Means Committee Chairman Edwards presented the following resolutions for reading and adoption: Resolution #2778 A resolution was read authorizing the Mayor and City Clerk to enter into an CAG: 90-004, SR-515 interlocal agreement with Washington State Department of Transportation for Paving, Interlocal SR-515 repaving between S. Puget Drive and S. 4th Street; WSDOT-- Agreement with WSDOT pavement management ($525,000); Renton--channelization and signing (37,000). MOVED BY KEOLKER-WHEELER, SECONDED BY MATHEWS, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. • Resolution #2779 A resolution was read approving and adopting the Skyway Water Service Utility: Skyway Water Boundary Agreement and authorizing the Mayor and City Clerk to execute Service Boundary the agreement. MOVED BY KEOLKER-WHEELER, SECONDED BY Agreement, SWUCC EDWARDS, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2780 A resolution was read setting a public hearing on February 5, 1990, to Vacation: SW 31st Street, consider the petition to vacate a portion of SW 31st Street submitted by Glacier Park Company, Glacier Park Company, VAC-004-89. MOVED BY KEOLKER-WHEELER, VAC-004-89 SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Vouchers Ways and Means Committee Chairman Edwards presented a report recommending approval of payment claims checks #65656-66051 and three wire transfers totaling $1,438,358.64; and payroll vouchers #82792 through ' 83201 and 178 direct deposits in the amount of $679,697.95. The Committee also recommended approval of claims checks #66055-66292 totaling $320,143.67. There were no wire transfers and no payroll vouchers; Vouchers 66304-66309 machine voided. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL APPROVE THE VOUCHERS AS PRESENTED. CARRIED. '.... ./.4 C.,1%. • CER-, d y.... 11 { A1:111:11.,', �4 A 1������ ���� INSURANCE )TISSUE DATE(MM/DD/YY) ,,- , - ,�-•, ,..._. ,- _ .'.- -,-,y,_�_ �_..�s, .% .._ "_ ., j , _ _.,_a -r...h . 0.1„ � ..a..Mm., moi ! 12-19-89 PRODUCER. .µ • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS EDWARD JACOBS & COMPANY NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, SPECIAL RISKS DIVISION EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 477 NINTH AVE. #107 - .,_._ SAN MATEO, CA 94402 _ • COMPANIES AFFORDING COVERAGE • COMPANY A INSURANCE CO. OF NORTH AMERICA LETTER CODE SUB-CODE I— _ ---- . COMPANY B INSURED "'" LETTER TCI OF SEATTLE, INC. COMPANY REGENCY PLAZA ONE LETTER C mm 4643 SOUTH ULSTER STREET COMPANYDENVER, COLORADO 80237 LETTER D COMPANY 051113 LETTER E COVERAGES"" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE(LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT-TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 _1____, POLICY EFFECTIVE POLICY EXPIRATION ' COi TYPE OF INSURANCE 1 POLICY NUMBER ALL LIMITS IN THOUSANDS LTR i 1 DATE(MM/DD/YY) DATE(MM/DD/YY) I GENERAL LIABILITY * 1 GENERAL AGGREGATE ? $ A X COMMERCIAL GENERAL LIABILITY XSL G1 370398A 01-01-90 i 01-01-91 PRODUCTS-COMP/OPS AGGREGATE $ 1000 ~ "-,£ I CLAIMS MADE)X 1 OCCUR.] j PERSONAL&ADVERTISING INJURY $ 1000 I EACH OCCURRENCE OWNER'S&CONTRACTOR'S PROTJ _i___ 3 $ 500 _____. .w.. FIRE DAMAGE(Any one fire) I 50 1 MEDICAL EXPENSE(Any one person)! $ 5 i AUTOMOBILE LIABILITY 1 ('COMBINED I i "4,;': -,' 1 SINGLE $ )----.'.. ',.% :.4 ANY AUTO 1 1 LIMIT 1';;" -`:; ALL OWNED AUTOS i ; BODILY `` 4 I SCHEDULED AUTOS - INJURY 1 $ (Per person) i •„ I HIRED AUTOS BODILY I • I INJURY 1 $ 1 € NON-OWNED AUTOS jj (Per accident) }} 1 GARAGE LIABILITY 1. I CITY OF RENT04 i PROPERTY I $ .' I DAMAGE j—EXCESS LIABILITY -'M I ';',7::::',4s--J EACH "1 �TAGGREGATEE .,,1-,-, f 1'1 OCCURRENCE DEC 2 7 199 . $ $ OTHER THAN UMBRELLA FORM "' i __ RECE VED STATUTORY 3 -WORKER'S-COMPENSATION q - AND 1 CITY CLERKS OFFIC # $ (EACH ACCIDENT) I 3 $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY • 1 I---- ? 1 $ (DISEASE—EACH EMPLOYEE, 1 j OTHER j '• ! - DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS RENTON, WA CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON THE GENERAL LIAB. POLICY ABOVE, IF REQUIRED BY WRITTEN CONTRACT. CABLE CTELEVISION .AND OR MICROWAVE TRANSMISSION. ; ERTIFATE OLDER" _ =cAMCEI~1TIQN ,: :- :",•-,,r.' :~`,,,, I 1, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF RENTON j"-'{ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 200 MILL AVENUE t • i MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE - RENTON, WA 98055 }:"f LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN• CITY CLERK pLIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. • ,I AUTHORIZED REPRESENTATIVE ".CRAIG J. NELSON — V.P. s-h :t;–•`- �: ,. - ' •a. ;ACO.D 25=5' :.�.:,,... ,.";:-... .: . , .. R ,(3.88} ;::,: �- `- � `:'.,'•:"" , :. , . ,. ., . . .. ",`4ACOR.o.CORP_ORATION":1988- fe. 1 December 18, 1989 Renton City Council Minutes Pane 350 The matter Of site selection for a new King County jail facility (both temporary and permanent) was referred to the Public Safety Committee for determination of appropriate input by the City Council to King County on the site selection process. { Legislature: 1990 The Committee of the Whole concurred with legislative position statements by Legislative Position the Association of Washington Cities and the King County Suburban Cities Statements . Association. These statements are to be used as general guidelines for tracking legislation and determining the City's position on pertinent matters. MOVED BY STREDICKE, SECONDED BY REED, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Government, Council President Stredicke referenced letter dated 12/4/89 from the City's Access Cable TV Chnnel cable consultant regarding a program, "Race and Reason", to be shown on public access channels on 12/8/89. Mayor Clymer indicated that he had received no public response regarding the program. Utilities Committee Utilities Committee Chairman Keolker-Wheeler presented a report Utility: Searles Sewer recommending concurrence in the recommendation of the Public Works Connection Request at Department1 that Mr. Searles's request for sanitary sewer connection at Union Union Avenue NE Avenue NOSE 117th Street, outside the City limits, referred on 4/17/89, be dropped from the referral list since the request has been withdrawn. MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Public Safety Committee Chairman Zimmerman presented a report regarding Legal: Topless Dancing zoning for peep shows, panorams, and topless soft drink parlors. The Legislation and Adult • Committee met on 12/13/89 to discuss the zoning of certain adult uses. The Video Booths Committee believed that peep shows, panorams, and topless soft drink parlors have the same or similar negative secondary effects as do adult motion picture houses. Therefore, the Committee recommended that the city attorney be requested to draft an ordinance prohibiting those uses within 1,000 feet of churches, schools,parks, single family residences, etc. in the same manner as adult motion picture houses. It is further recommended that this topic remain in the Public Safety Committee to review the draft ordinance. MOVED BY ZIMMERMAN, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community)Services Committee Chairman Nelson presented a report Committee regarding the bid award for the interior renovation of the North Highlands CAG: 89-077, North Community{Center, referred 11/20/89. After meeting with the Housing & Highlands Recreation Human Resources Citizens Advisory Committee Chairman and staff, the Center Interior Committee recommended that the low bid of Briere Skoegard General Improvements Contractors be accepted in the amount of $134,965.00 contingent upon reallocation by Council of the Community Development Block Grant (CDBG) funds. The Committee further recommended that the CDBG reallocation be referred to ithe Ways and Means Committee for proper legislation. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chairman Mathews presented a report Committee concurring in the recommendation of the Public Works Department that the Lease: Lien, LAG-003-86 Lien lease be amended to provide a conditional term extension and a change in the purpose of use. The language has been approved by the city attorney, Puget Sound Bank, and the Liens. The Committee further recommended that the Mayor and City Clerk be authorized to sign the amendment to the lease agreement. MOVED BY MATHEWS, SECONDED BY MATHEWS, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. ,CARRIED. CAG: 89-079, SW 16th Transportation Committee Chairman Mathews presented a report concurring Street Bridge in the recommendation of the Public Works Department to reject all bids for 0....1......_�.._� at_ 0117 1Lai ''-- 4re November 20, 1989 Renton City Council Minutes '= Page 316 2) Review the access requirements, design standards, and staff recommendations with regard to fire access along NE 23rd Street; 3) Review the entire case file and prepare a staff recommendation regarding Council action on the PPUD; and 4) Refer the case to the Hearing Examiner for his review and recommendations on imposition of conditions on the PPUD in the event Council chooses to approve the project. The Council further requested that on 12/7/89, the Administration provide to the Planning and Development Committee a status report and schedule of issuance of the staff recommendation and hearing examiner report. Then Council will schedule a public meeting to consider final action. MOVED BY REED, SECONDED BY MATHEWS, COUNCIL ADOPT THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) The Transportation (Aviation) Committee concurred in the recommendation Committee of the Public Works Department to approve the assignment of the Lien Lease: Lien, LAG-003-86 airport lease to the Liens' lending institution as security, subject to the approval of the City Attorney. MOVED BY MATHEWS, SECONDED BY TRIMM, COUNCIL ADOPT THE COMMITTEE REPORT. CARRIED. Airport: Rules, The Transportation (Aviation) Committee concurred in the recommendation Regulations and of the Public Works Department that the City Council adopt and approve the Minimum Standards Renton Municipal Airport Rules and Regulations and Minimum Standards. The rules shall be published in a 5" by'8" booklet for convenience and distribution. The Committee recommended that this matter be referred to Ways and Means Committee. MOVED BY MATHEWS, SECONDED BY TRIMM, COUNCIL ADOPT THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chairman Keolker-Wheeler presented the following report regarding the status of Committee referrals: Utility: Seattle Water Many issues remain to be discussed regarding the purchase of water from the Purchase City of Seattle. Staff will present an issue paper to the Utilities Committee (Referred 12/7/87) with recommendations for action during the first quarter of 1990. Garbage: Waste Reduction The program, Waste Reduction and Recycling Program is going very well. and Recycling Program Staff will present a 1989 annual report with recommendations for changes (Referred 12/5/88) and/or improvements during the first quarter of 1990. LID: 335, Sierra Heights Staff will present recommendations regarding LID 335 to the Utilities Sewer. Improvements Committee in December, 1989. _ (Referred 3/13/89) Utilities Committee Chairman Keolker-Wheeler presented the following referrals for !action: Utility: Underground Staff has negotiated the issue of enforcement of underground utilities Utilities Ordinance ordinance with TCI and Puget Power. The following agreement has been Enforcement Procedures reached: 1) New plats/short plats will use a joint trench with all utility (Referred 4/24/89) companies (11P, U.S. West, WNG, TCI, etc.); 2) New buildings in existing overhead service areas will use joint trench with Puget Power placing either direct burial lines on private property or conduit on street crossings for TCI's use at time of installation or for future use. The City recommended limiting the road crossings to as few as possible, say not over two (2) every 300 feet. The Commitee recommended removal of this item from the agenda since it has been resolved. MOVED BY KEOLKER-WHEELER, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Sewer Capacity in Council passed a moratorium on sewer connections in this area. Plans are East Renton (NE 4th proceeding to design the East Renton Interceptor project. Staff has agreed to Corridor) provide periodic updates on this project and its many issues. (Referred 6/5/89) The Utilities l Committee recommended that this general item be removed from the agenda at this time. Specific issues and/or reports will be presented to Council from time to time and agenda bills will be used to refer items to the Utilities Committee as needed. MOVED BY KEOLKER-WHEELER, SECONDED;BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. UTILITIES COMMITTEE COMMITTEE REPORT NOVEMBER 20, 1989 STATUS REPORTS CITY OF SEATTLE WATER DEPARTMENT FRANCHISE, PERMIT AND AGREEMENT (Referred 12/7/87) There are many issues still remaining to be discussed concerning the purchase of Seattle's water. Staff will present an issue paper to the Utilities'Committee with recommendations for action during the first quarter of 1990.. WASTE REDUCTION AND RECYCLING PROGRAM (Referred 12/5/88) The program is going very well. Staff will present a 1989 annual report with recommendations for changes and/or improvements during the first quarter of 1990. LID #335 - SIERRA HEIGHTS SEWER IMPROVEMENTS (Referred 3/13/89) Staff will present recommendations to the Utilities Committee in December. ACTION ITEMS UNDERGROUND UTILITIES ORDINANCE - ENFORCEMENT PROCEDURES (Referred 4/24/89) Staff has negotiated this issue with TCI and Puget Power. The following agreement has been reached: 1) new plats/short plats will use a joint trench with all utility companies (PP, U.S. West, WNG, TCI, etc.); 2) new buildings in existing overhead service areas will use joint trench with Puget Power placing either direct burial lines on private property or conduit on street crossings for TCI's use at time of installation or for future use. The City recommends limiting the road crossings to as few as possible, say not over two (2) every 300 feet. (see attached memo) The Utilities Committee recommends that this item be removed from the agenda as it has been resolved. SEWER SERVICE IN NE 4TH CORRIDOR (Referred 6/5/89) Council has passed a moratorium on sewer connections in this area. Plans are proceeding to design the East Renton Interceptor Project. Staff has agreed to provide periodic updates on this project and its many issues (see attached memo). The Utilities Committee recommends that this general item be removed from the agenda at this time. Specific issues and/or reports will be presented to Council from time to time and agenda bills will be used to refer items to the Utilities Committee as needed. l7 i� Lf..,„, ! Utilities Committee Committee Report November 20, 1989 Page Two ALTERNATIVE UTILITY BILL NG (Referred 8/7/89) The Utilities Committee recommends that this item be referred without specific recommendation to the Committee of the Whole Budget Committee for review and consideration during the 1990 budget process. Kathy K lker-Wheeler, Chair Richard M. Stredicke, Arc,i g Member Attachments 4i ® CIT1 OF RENTON "LL PUBLIC WORKS DEPARTMENT • Earl Clymer, Mayor Lynn Guttmann, Director October 16, 1989 Mr. Curtis Speck • Mr. John Kennedy SUBJECT: UNDERGROUND/ELECTRICAL/COMMUNICATION SYSTEMS, JOINT TRENCH USE • Gentlemen: This communique is sent to confirm TCI, Puget Power and the City of Renton's collective understanding of the approach that TCI is taking on joint trench use both in the public right of way and private property. As we understand it, the following procedures will prevail: 1) new plats/short plats will use a joint trench with all utility companies (PP, U.S. West, WING, TCI, etc.); 2) new buildings in existing overhead service areas will use joint trench with Puget Power placing either direct burial lines on private property or conduit on street crossings for TCI's use at time of installation or for future use. The City recommends limiting the road crossings to as few as possible, say not over two (2) every 300 feet. If you have any questions regarding this understanding, please contact my office. Very truly yours, Lynn ttmann Public Works Director I/TCIPP/LAG/PMP/bh • ! I • • I 200 Mill Avenue South - Renton, Washington. 98055 - (206) 235-2569 Facsimile (206) 235.2513 r a CITY OF RENTON MEMORANDUM DATE: November 16, 1989 TO: Kathy Keolker-Wheeler, Chair Utilities Committee FROM: Lyn Ott ann, Public Works Director SUBJECT: Sewer Service in N.E. 4th Street Corridor This is one of the items on your Utility Committee agenda. It relates to the very broad subject of the Sewer Moratorium established in Resolution by the City Council for the East Renton area. The Moratorium is in effect until January 31, 1992 and limits the amount of development that can take place until additional sewer capacity is provided. We have included in our 1990 Capital Improvement Program a project titled the E. Renton Interceptor Project to resolve the capacity problems in that area. Currently we are negotiating a consultant contract f'or engineering services to prepare a preliminary design report. There is further provision) for assistance in preparing the environmental assessment, assistance in LID formation and preparation of contract plans. This project, when implemented, will resolve the sewer capacity problems and relieve the need for the Moratorium. We are working with the developers and property owners in the area to assist them with the Moratorium requirements during this interim period. I recognize the Council's interest in the progress of this issue and will be pleased to make periodic report on our status and any issues raised by property owners and/or developers in the area. Thus, I suggest you may want to delete this generalized item from your agenda and include only specific issues or reports as they may arise. RJA I , d '' EDUE (AMOUNT DUE TCI CABLEVZS OF WASHINGTON, INC SEATTLE OF,.f.,T. =S ; 15241 .PACIFIC-mWY SOUTH ENCLOSURE SEATTLE WA 98188 • • • J 0 [PLEASE RETURN.THIS TOP PORTION ONLY,WITH REMITTANCE TO ...7kask ?caul Z u Fn _ PLEASE INDICATE 00 �— 000-10-89—D—C AMOUNT ENCLOSE 0 • 63 XMl ZP 8.73469.200 16 RENTON CITY HALL TCI CABLEVISION OF 3 200 MILL AVE ;S WASHINGTON, INC RENTON WA 98055-2132 SEATTLE OFFICE : P.O. BOX 1889 • SEATTLE WA 98111-1889 02185 309780 01 2i 36 .c.:.....:,� �s�..»_— _�__,:.,..—, . .INCLUDES PAYMENT: TCI• GAEL EUISION OF ACCOUNT NUMBER ,BILLED FROM BILLED TO •yDATE DUE ! gEDEI VEDBV WASHINGTON, INC 02185-309780-01-2 �� ii �� SEATTLE OFFICE XX CABLESTORE WALK IN HOURS XX FOR— 200 MILL AVE S 15241 PACIFIC HWY S M—F 9A-7P SAT 9A—, 10002 AURORA N #36 M—F 9A-6P SAT 9A-61 X X THIS CARD IS NOTA BILL X X CUST/SVC 433-3401 SVC/RPR 433-3408 MERELY AN ADDRESS CARD FOR INCLUDED IN THE CHARGE YOU PAY FOR BASIC 'SERVICE, IS A 5.25 CHARGE FOR MAILING PURPOSES AMC. • XXMMMXXXXXXXXXXXXXXXXMXXXXXXXXXXXXXXX • 1 1 • • 021-00/8598 1089 CONSUMER EDUCATION NOTICE AND INPUT-SELECTOR-SWITCH OFFER Your Cable Company(as identified on your bill)has selected a variety of broadcast TV stations as part of its channel line-up. Nevertheless,the Federal Communications Commission("FCC")does not require us to carry all the local stations generally available over the air in this area. At the present time,most local broadcast-TV channels generally available in this area are - carried by us except: KBGF 33 If you wish to have the capability of receiving those broadcast television stations receivable in your area that may not be carried by your cable system,you will need to use an Input Selector Switch(an"A/B Switch")properly connected to each TV set and a working antenna. The A/B Switch is a device that connects both cable service and an antenna to a television receiver--which aids you,the viewer,in preserving independent access to off-air television service. Adding an A/B Switch does not guarantee that you will be able to receive the channels listed above or if you do receive the channels,the quality of the reception. If you want this capability,A/B Switches are available from a variety of suppliers or may be purchased from us.A variety of switch options may be available,including simple manual cable/broadcast switches,multiple-input-source switches,electronic switches,and remote-control switches and televisions with built-in switches.The FCC has adopted the following technical stan- dards for A/B Switches:80db isolation for frequency ranges of 54-216 MHz and 60db isolation for frequency ranges of 216-550 MHz.A/B Switches utilizing external power must be capable of maintaining isolation in the event the device is not connected to a power source or power is interrupted. If your television has a built-in switch,or if you already have an A/B Switch,you may not need or want another A/B Switch. A/B Switches have the potential for causing interference. To eliminate possible interference caused by leakage of cable signals —when installing an A/B Switch—use shielded coaxial cable between the television receiver and the A/B Switch.At least four feet of shielded coaxial cable should be used for connecting switch terminals to any unshielded antenna leads. An A/B Switch will only be operational if connected to an antenna and we recommend that you do not dismantle or remove any antenna presently in place. If you request that we install an A/B Switch,before we do so,we suggest you have your out- door antenna inspected to assure that it is properly grounded.We are not required to install an A/B Switch where the antenna is not adequately grounded. Connection of an A/B Switch to an ungrounded antenna may pose a fire hazard. Information on purchasing an A/B Switch from us is included on the order form with this Notice. Our switches cost$10.00 each and come with written self-installation instructions or we will furnish and install one switch for you for$25.00.Additional switch(es)installed at the same time as the first are$10.00 each including installation. New subscribers who have A/B Switches installed when cable service is first installed pay$10 for each A/B Switch and no separate installation fee is charged. If you have questions regarding A/B Switches,please call your Customer Service Representative.During business hours,Seattle customers should call 433-3401.Auburn customers should call 939-1902. A/B SWITCH ORDER FORM 1I0598 Please send me A/B Switch(es)at$10.00 each. Written self-installation instructions will be included with each switch. Yes,I want you to install the A/B Switch(es)in my home. I understand there will be a$25.00 installation charge which in- cludes one switch.Additional switches installed at the same time as the first are$10.00 each. Total Payment: Method of Payment(check one):_bill my account _check enclosed Name: Address: City: State: Zip: Daytime Phone Number(to arrange installation): Signature: Fill out and enclose this form with your monthly service payment. • CRATICAL ALERT Regarding New FCC Rules Which May Affect Your TV Viewing. 021-00/6948 ?v; 989 Twp TELE-COMMUNICATIONS,INC. r , si July 17, 1989 _ Renton City Council Minutes Page 206 City Clerk entered letter from Dale Hollister, May Creek Associates, owner of property directly across NE 48th Street from the proposed Shurgard development. Mr. Hollister supported staff alternative no. 3, which requires annexation prior to extension of water service. He felt that warehouses would be incompatible with surrounding office uses and detrimental to property valuesand appearance of the surrounding area. Mr. Hollister indicated to the Council that he has worked with the City to rezone the property for office use as a transition between business and residential use, and he felt!that the subject development should be required to provide a similar transition. He indicated that if property owners can provide that assurance, he had no objection to the proposal. MOTION CARRIED, ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Trimm presented a report regarding Committee the Shoreline Master Program residential dock amendment, referred on Planning: Shoreline 7/3/89. Due to language of the original ordinance, No. 3758, amendments Master Program, authorized by the City Council shall be considered, accepted, and constitute a Residential Dock part of such Master Program without the necessity of further adoption of Amendments such amendments. Information. Police: Narcotics Control Ways and Means Committee Chairman Trimm presented a report Program Grant recommending Council concurrence in the request of the Finance Director and the Police Department to accept the State of Washington, Department of Community Development, Washington State Narcotics Control Program's grant in conjunction with the cities of Auburn, Tukwila, and Kent. This action would transfer an ongoing grant from Auburn to Renton. MOVED BY TRIMM, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. NEW BUSINESS Council President Stredicke questioned City policy requiring property owners Streets: Replacement of to resurface streets after installation of sewer lines. Mayor Clymer indicated Paving (Clarke) that over 7/8 of the roadway in question was torn up during construction, and it is in the interest of the City's taxpayers to require replacement of the paving which was installed less than three years ago. Streets: 1990-1996 Six- MOVED BY MATHEWS, SECONDED BY KEOLKER-WHEELER, Year Transportation COUNCIL REFER THE 1990-1996 SIX-YEAR TRANSPORTATION Improvement Program IMPROVEMENT PROGRAM, SCHEDULED FOR PUBLIC HEARING ON 8/7/89, TO THE TRANSPORTATION COMMITTEE. CARRIED. ADMINISTRATIVE Council referral of 6/19/89 regarding update of City's government access REPORT channel: Malfunctioning computer equipment at TCI headquarters has . Utility: TCI Government resulted in 1 displayof outdated messages stored in the system's memory. The Access hannel' problem has been reported and will be repaired. The channel is updated twice a week by City Clerk division staff, and a total of 53 messages was. either entered or removed during the period of 5/16/89 through 6/15/89. Cable Consultant ' Mayor Clymer indicated that messages of condolence have been sent to Lon Hurd, the City's cable consultant, on the passing of his father, Jim Hurd. The elder Mr. Hurd was the City's first cable consultant. AUDIENCE COMMENT Theresa Zimmerman, 813 N. 1st Street, Renton, expressed disappointment Citizen Committee: North that the North Renton citizens advisory"committee, which has been meeting Renton Citizens Advisory for the past two and one-half years, was not notified of plans to replace Committee Heery Program Management consultants with a facilitator to rediscuss the North Renton projects with residents. She questioned the scope of the work being funded, and requested that a specific list of projected work items be provided. Mayor Clymer indicated that the facilitator is replacing the original consultant, and will be responsible for providing information regarding the projects, and facilitating discussions between residents, business representatives,and City staff. City's Capital Council President Stredicke announced that the City's'Capital Improvement Improvement Program Program will be presented to the Renton Chamber of Commerce Local Government Committee on Friday, August 10 at 7:30 a.m. at the Chamber offices. Executive Session MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL!CONVENE INTO EXECUTIVE SESSION TO DISCUSS PENDINGI LITIGATION. CARRIED. Time: 12:01 a.m. CITY OF RENTON MEMORANDUM DATE: June 28, 1989 TO: Mayor Earl Clymer 1 Members, Renton Ci y Council FROM: Dan Clements, Finance Director SUBJECT: Government Access TV Channel ' At the regular Council meeting of June 19th, Councilwoman Keolker-Wheeler relayed a citizen complaint that on June 16th, outdated information was being displayed on the • City's cable channel. We have reviewed the matter and have found that messages were entered correctly into, the character generator and transmitted to TCI headquarters; however, instead of continuing to display updated input, the channel was reverting to old messages long since remord. We have reported the problem to TCI, and their representative has attributed the cause to power surges in the equipment at TCI headquarters which may have affected the system's memory. In this case, the "crawl" message across the bottom of the screen advising viewers of times and dates of Council meetings had reverted to a May, 1988, message. Until TCI remedies this problem, the "crawl" has been temporarily discontinued. It will be resumed when TCI confirms that the cause of the surges has been identified and corrected. The access channel is updated twice weekly on Tuesdays and Thursdays by our staff. Following is a listing of activity for the period May 15-June 12, 1989: DATE MESSAGES ENTERED MESSAGES REMOVED 5/16, Tuesday 3 1 5/18, Thursday 1 1 5/23, Tuesday 1 1 5/25, Thursday 3 0 6/6, Tuesday 10 7 6/8, Thursday 7 0 6/13, Tuesday, 3 2 6/15, Thursday 0 3 TOTAL: 38 15 For that period, there were from 47 to'70 pages or screens displaying messages. A longer message often requires more than one page. We hope this information is Helpful to you in responding to citizen inquiries. Please advise if we can provide further information on this public service program. June 19. 1989 Renton City Council Minutes Page 174 Resolution #2761 A resolution was read relating to the investment of City property tax receipts Finance: King County in custody's of the County Finance Manager as provided by RCW 36.29.020. Property Tax Interest City Attorney Warren indicated that as a result of court case filed by several Collection cities, King County must reimburse cities for interest from property taxes paid by owners within city boundaries. The immediate financial return to Renton will be $77,000, representing earnings accrued since 10/24/88. MOVED BY TRIMM, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2762 A resolution was read authorizing the Mayor and City Clerk to execute an Public Works: Soos Creek interlocal service agreement with Soos Creek Water and Sewer District to Water/Sewer District serve properties experiencing low water pressure, located on S. 55th Street Interim Service to S. 55th between 9th Place South and Talbot Road South. MOVED BY TRIMM, Street SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUT{ION AS READ. CARRIED. I Appointment: Board of Ways and Means Committee Chairman Trimm presented a report Ethics recommending concurrence in the Mayor's reappointments of the following members to four-year terms on the Board of Ethics: John DuBois, term to expire 12/31/92; Donald Jacobson, term to expire 12/31/91; and Reverend Donald Hammond, term to expire 12/31/91. MOVED BY TRIMM, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. NEW BUSINESS In response to Council comments regarding malfunctioning of TCI cable Utility: TCI Cable government access channel, Mayor Clymer agreed to review the matter. Government Channel PUD: Preliminary, Honey Citing information about schools in correspondence from the Public Works Creek, PPUD-015-84 Department regarding the Honey Creek PUD, Councilwoman Mathews asked that the Administration contact the Renton School District to obtain an- updated list of schools and their current uses. She indicated that certain schools have been converted to other uses--Honeydew Elementary, for example, is now part of the RVTI campus--and new uses may have a different effect on the City's land use decisions on property adjacent to school buildings. ADMINISTRATIVE Council members were also invited to a meeting of.the King Subregional REPORT Council on Thursday, June 29th at 7:00 p.m. in Tukwila City Hall to discuss King Subregional Council transportation and roads. Council Workshop Mayor Clymer reminded Council of budget workshop on Tuesday, June 20th at the Community Center. ADJOURNMENT MOVED BY STREDICKE, SECONDED BY REED, COUNCIL ADJOURN THE MEETING. CARRIED. Time: 9:25 p.m. MAXINE E. MOTOR, CMC, City Clerk Recorder: M. Petersen 06/19/89 -l May 22, 1989 Renton City Council Minutes Pane 148 -The developer is behind in meeting his schedule for completing Phase I. Interiors are not completed in six buildings scheduled for occupancy by 5/31/89. However, the development agreement does not require that the interiors ofd any of the buildings in Phase I be finished prior to 01/15/90, or even later in the event the Force Majeure clause in the contract is invoked due to inclement weather or acts of God. Since a group of four buildings scheduled for occupancy on 6/16/89 is still being framed, staff is concerned that Phase I will not be completed on schedule. If Phase I is not completed within six months of the date the contract was signed, the developer cannot proceed to phase II and the project will be deemed abandoned. The developer would be charged $5,000 per building to finish those buildings which are substantially complete. Bonds for on-site work have been received; the off-site improvement bond has not been submitted since the cost of electrical undergrounding is being negotiated 'with the developer. The Committee has gone on record as being concerned about the progress of the project and completion of Phase I by the specified deadline. Staff has been asked, to monitor this project closely and report back to the Committee next month. Information only. Citizen Comment: Post - Council President Stredicke-entered a letter from George Post, 1122 S. 27th Victoria Hills Phase II Place, Renton, urging that Council require completion of the Phase I portion FPUD-042-85 of the Victoria Hills FPUD before allowing Phase II to begin. At Mr. Stredicke's i request, a copy of the Planning and Development Committee report on this matter will be sent to Mr. Post. or Utilities Committee Utilities Committee Chairman Keolker-Wheeler presented a report concurring Utility: Undergrounding _ with the recommendation of the Public Works Department to hire a mediator Mediation (TCI) at an approximate cost of $6,000 to approach TCI and other utility companies to negotiate equitable cost sharing of utility trenching. This project will be funded by the use of cable communications funds. The Committee further recommended that the matter be referred to Ways and Means Committee for appropriate authorization. MOVED BY KEOLKER-WHEELER, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMITTEE REPORT;i Councilman Stredicke opposed using cable communication funds for undergrounding purposes. Councilman Trimm felt that utility companies ought to be responsible for negotiating costs without the City's involvement. Chairman Keolker-Wheeler pointed out that due to deregulation of cable companies 1 cities have little authority to require TCI and other cable companies to comply with regulations. Upon inquiry, it was noted that the City's cable consultant is coordinating solutions to this matter with the cities of Auburn Kent, Tukwila and Renton. *ROLL CALL: 5 AYES: TRIMM, REED, MATHEWS, NELSON, KEOLKER-WHEELER. 1 NAY: STREDICKE. CARRIED. Utility: Garbage Rate Councilwoman Keolker-Wheeler asked that garbage customers be provided Exemptions with information regarding exemptions for elderly or disabled residents unable to transport garbage cans to the curb. Executive Session MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL CONVENE INTO EXECUTIVE SESSION TO DISCUSS PERSONNEL AND POTENTIAL LITIGATION. CARRIED. Time: 8:06 p.m. ADJOURNMENT Council convened into regular session; roll was called; all members were present. MOVED BY STREDICKE, SECONDED BY TRIMM, COUNCIL ADJOURN THE MEETING. CARRIED. Time: 8:30 p.m. pe MAXINE E. MOTOR, CMC, City Clerk Recorder: M. Petersen i 05/22/89 • 9El) UTILITIES COMMITTEE COMMITTEE REPORT May 22, 1989 Reivew of Enforcement Procedures for Underground Ordinance (Referred 4/24/89) The Utilities Committee concurs with the recommendation of the Public Works Department to hire a mediator at an approximate cost of $6,000 to approach TCI and other utlility companies to negotiate equitable cost sharing of utility trenching. 7 he U Act_ e_ t. _ Cc t-e-e. C Yfin oto C t /Garr h-ti,. dire_ Ifa -/t O waQ rr Com)rnA tem 6171 i1/ - u)ke Kathy- e•lker Wheeler, Chair Robert Hughes, Councilman Toni Nelson, Council . pw • -t^^ '.,,. <.x.z., v:;a i�. , '�c .ay.'"#,kTM" S•E �S�;F' uk s 8 s.'.,.q`.,�""4 41,,E z. �sy:. 4 v; e„,,"'10,'e,,, '' :... 14z..'�"aid+tfiZi' �' ' ”) C �- r As;,, ISSUE DATE(MM/DD/YY) AC:OORI =-,'YCERTIFICA! O-",,,A-:- SURAl E F -, .� � �, ..;..... . `$e"t �^:t44. °. /?° -4*, � ". r #et sc' ,�,w'. 1,,,,,' ,'' -h;, , ,Y- 9 t,:, Or :,44,1 4 i 12-30-88 a .a8.:^..,� Y3��� ,�' '��a�.� un=#�t`�R, .� _ ,,.,.^ azk a#. saR.,�*k t+���._..�� f PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS EDWARD JACOBS & COMPANY I NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, SPECIAL RISKS DIVISION EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 477 NINTH AVENUE, SUITE 107 ;SAN MATEO, CA 94402 COMPANIES AFFORDING COVERAGE • i COMPANYA INS. COMPANY OF NORTH AMERICA LETTER i CODE SUB-CODE COMPANY B LETTER INSURED 'TCI OF SEATTLE, INC. 'REGENCY PLAZA ONE COMPALETTER •-• 1-. CITY OF ,4 �COMPANY 643 SOUTH ULSTER STREET - ---- �- ._ RER9T® �---- � D ;DENVER, COLORADO 80237 LETTER JAN 6 19.89 COMPANY LETTER E RECD`•, r, i, e T AG"S' '8 .�,i». 5....�.'...._. * '...;ws;,>''' xt, , ,� r w?w �a.��.».�, ',..«... 4 ''',::^' ,.' $.. iq�FEA.VG< :'F$ \, -- � ', ' �x:w.ws:.»,.a..:a:n.:..a.,...Ww+s:#sAM^.w:.�„e,�...bn.».. THIS IS TO6CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD , i INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE OF INSURANCE POLICY NUMIBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) ) GENERAL LIABILITY GENERAL AGGREGATE $ :A —X— COMMERCIAL GENERAL LIABILITY XSL G1 109085-0 01-01-89 01-01-90 PRODUCTS-COMP/OPS AGGREGATE $ 506 s • __I CLAIMS MADE-X— OCCUR 1 PERSONAL&ADVERTISING INJURY $ 5-70 0 ' X OWNER'S& CONTRACTOR'S PROTj EACH OCCURRENCE S 50O FIRE DAMAGE(Any one fire) � $ �. 50 MEDICAL EXPENSE(Any one person) $ ' AUTOMOBILE LIABILITY I COMBINED SINGLE $ ANY AUTO LIMIT , -- ALL OWNED AUTOSBODILY » INJURY $ IIISCHEDULED AUTOS I (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident INGARAGE LIABILITY PROPERTY DAMAGE $ �.. .. _ EACH _ AGGREGATE EXCESS LIABILITY OCCURRENCE g $ OTHER THAN UMBRELLA FORMSTATUTORY WORKER'S COMPENSATION . - - $ (EACH ACCIDENT) AND ( $ (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 1__ (DISEASE—EACH SE—EACH EMPLOYEE OTHER 1,( ;DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS — -RENTON, WA ;CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ON THE GENERAL LIAB. POLICY ABOVE, IF REQUIRED BY WRITTEN CONTRACT. CABLE TELEVISION AND/OR MICROWAVE TRANSMISSION. r ERTIFICATE HOLDER. .. . :,,,-.'r ''' ' :, '" ` ,Yx i.`..,`. CANCELLATION " . . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF RENTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 200 MILL AVENUE MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE RENTON, WA 98055LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN• CITY CLERK � LIABILITY OF ANY KIND UPON THE C9M?ANY, ITS AGENTS OR REPRESENTATIVES. '$, AUTHORIZED REPRESENTATIVE 6 �, .1 ✓.j `'CRAIG J. NELSON — VICE PRESIDENT A RD,25=S` 3/88 '' ': - : •:. - '; ma.. ;,�; n AGORA139"0—, N 881 -CV `r December 5, 1988 Renton City Council Minute., Page 347 NEW BUSINESS Council President Keolker-Wheeler circulated photographs taken by Japanese Delegation from Sister visitors from Renton's sister city, Nishiwaki, Japan, during recent visit here. City, Nishiwaki, Japan King Subregional Council Council members were asked by the Council President to provide feedback on the King Subregional Council voting and structure alternatives by Monday, December 12 prior to the Subregional Council meeting on December 15. Utility: Cable Service Letter and map received from the City's cable consultant Lon-Hurd was North of N. 30th and 'entered by Council President Keolker-Wheeler which reported that TCI cable near Valley Medical will not install cable service in the area east of I-405 and north of N. 30th Center since 1.2 miles of construction would be required to serve ten homes. MOVED BY KEOLKER-WHEELER, SECONDED BY REED, COUNCIL REFER LETTER FROM CABLE CONSULTANT LON HURD TO COMMUNITY SERVICES COMMITTEE. Councilman Stredicke asked that the area located south and east of Valley Medical Center also be considered by the Committee since it is not being served by cable. CARRIED. Selection of Council It was reported that due to absence of Councilman Hughes, selection of a President council prsident for 1989 will be postponed to the next Council meeting. ADMINISTRATIVE - Mayor Clymer announced plans to select a public works director later this REPORT week. The choice will be made from a list of excellent candidates. Personnel: Selection of Public Works Director Executive Session MOVED BY REED, SECONDED BY KEOLKER-WHEELER, COUNCIL CONVENE INTO EXECUTIVE SESSION TO DISCUSS LITIGATION. CARRIED. Time: 10:16 p.m. Council reconvened into regular session; roll was called; all members present except Hughes, previously excused. ADJOURNMENT MOVED BY REED, SECONDED BY MATHEWS, COUNCIL ADJOURN. CARRIED. Time: 10:28 p.m. MAXINE E. MOTOR, CMC, City Clerk Recorder: Marilyn Petersen, CMC 12/05/88 • • e.,—.. -� ,�'�" a.<<`,"`. _��.. r� ,+'. n ;>a'' :+i e n;e x„ _ tier�;mt,���, r 'v8$i?' xa'4� ' s's.... a f' gam, „k. £i n �� i':'v..,a b' �''''e„; .t k ?`si rx..,,';`w.a.:r �, -f r v:r L� 'i u,3':.&a� v e Z x:^.., . ;»..,! ��et �G.�4`?' .:En��'.���� P � �: at pit b'". �.r< � ».d �s `5:•.s mrpm.gx^G f i:1�PG,tt x.;(.� a��iv 'w44��>'Enc�� ;�:, �f 4 :w....t 'ES� ��.✓>:. ,X p:X�is•�' * h.. «».x. * -:a�S-�,'' k 'v'ti ' a.,.... �. '4 ah,r{u wli, ,x'.>.o e:Y L., .x, x. „„ ... .`:°':a u e a�,, > 6 ...a•S'. ......I 1';n.c .<L,":,ted' v i. ' .!... ,7.0 v? .,y.'��, Erk:" a,.* .: Mn.:F i-, �^' ar3 «'„�sf`�.�.: 173 �5^ j� cr «. w..,.. .ue�r x; f z i 4 ax°a°^=x+ram Y yg ¢ er ..«{ r.`"ri «. 7,] >..�.a a.... a.. �� ::w^s�f"".�.� .Y-r � {X` 4 ,.z• �'i'�.E.:r.;.� a �`�td��t f.'4:: is »,y�,,y. •'-".'r.y F ' . . x , jj(TV\ Cii1.' OF RENTON November 22, 1988 8 t988 Mike Parness MAYOR'S OFFICE - Adminstrative Assistant to Mayor CITY OF RENT®N T)rNTr' T (' TV T A-Lu _ 1 W i r 1 V 1 V `.?1 1 1 1 220 Mill Avenue South DEC 6 1988 Renton, WA 98055 . RECEIVED Dear Mike: CITY CLERK'S OFFICE Enclosed is a map outlining an area where I have been working with some residents to get cable service installed for some time. TCI ha notified us that they are not interested in building this area at this time. As you may recall, during previous negotiations, TCI had agreed to build all residential areas within the City unless an exception is granted by the City. I have been out and reviewed the area on several occasion with the cable operator. There is a total of ten homes and it would require 1.2 miles of construction to serve them. Please let me know what further action you would like me to take concerning this matter. As always, if you have any questions or require additional information, please feel free to contact our office. Sincerely, 3-H CABLE COMMUNICATIONS CONSULTANTS 44i2Lon A. Hurd Vice President/Director LAH:smw Enclosure cc: Sherrie Waddington AC, R Roattla Washinntnn 98116 (206)935-9040 • b.cp ... ,-,„,.1 .).,..-. ;.-\ ,,, [f ,1 r .• 1 , :1...7 #,:,,;1/11 ,;,.. N ,<,,.. :,. A P-I'l ' ' .. , i ./‘.• , .. _ _('-.7 .5_r_..._ �`: ` i - ; .---- 4800 "� II'' �� r -'' 7;x _ 1 Q,�y�; /ciarj/BeachPark '�� I! "2, q S1 i j �!`, 4 4 00 • i . ( off,',o �� .. 1 I, I , �, /ntere Y ripe �' ,wA / �/ • May , r _ - , ... ,„ • .�a . . .. _ . . 4000 • �f�� 1 ., ... '' �I _-38 - , 1 . . , `( �L^ i •21-1• .: i • Irv. r., •; - \ , Ith Point 31 3600 ti �,_�1 -1- -- `' �._. Kenny:aie 6enc►1 --- - -- --• --i,_. 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Memorial Beach Fork �`�, _ _.$� Zi Cr , ;ryn Mawr ,. ,!1, PO ST w ,ham 2 I: • NE �L 1200 r �+,;;,.� �`__� J a .._..._+, ' r ��.� o-z • No Revlon „Q /.7. cr tib° /.1://::1/:i:.°Ii'l' >� ,�4 .� � �o . lnlerchange ,r . .1 'ft.,.,11.. /nCr�' %r� ' 17:.0, �000� • -�txlT • �� �" •• i • • V. • • T 167— 17—1 : .. . .\1—) �--�' r, ;�; 1 -::":7 1%:.'‘-k-:-I.:( :0712::'.----14:-.:)1:-. o l ,Y' ; 800 1 ..::(I) 4.; . -.-•�:8 _ , ,,..‘ .C2 Park I S NE- --t- I FIPP. c ,�,,` I LAh��nlc„r ! �1 iIS 122 STr% • (. . (� 7 E�em `ch a v ,�a�� , .: . Mothers ' ' ,� rd .7i. i�Jicnz: 1. I 3\ i �� .. `- P NE lr ."• a 2 • �; -4.--,...._-_4*-- ›. ; , •LPork . � . 1 E• � r .' J FERN U� Mt'Z w l ! .;z t s RENIN . r Q .� N _� ST /,'. `,, T EXIT 4 - N :... ZE 600422 � z , 1 NEa September 19, 1988 Renton City Council Minut: Page 272 Ordinance #4174 An ordinance was read changing the zoning classification of approximately Appeal: Lomas Rezone 9.17 acres of property located between the 4300 and 4500 block of Davis (One Valley Place), R- Avenue S. from P-1 (public) to 0-P (office park); Lomas Rezone-One Valley 088-86 Place; R-088-86. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ways and Means Committee Chairman Stredicke presented the following ordinance for first reading: Rezone: E & H An ordinance was read amending Ordinance No. 4098 rezoning property Properties, R-016-87 located south of N. 6th Street and west of Garden Avenue N. from light industrial district (L-1) to business district (B-1) by modifying Condition No. 8 of Attachment "A" to correct the amount of the bond required from E & H Properties to fund transportation improvements from $1.2 million to $1.1 million. MOVED BY STREDICKE SECONDED BY HUGHES, COUNCIL REFER TIIS ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Rezone: E & H Ways and Means Committee Chairman Stredicke presented a report Properties, R-016-87 recommending that the proposed resolution providing direction to protect single family homes in North Renton is no longer necessary since Council has set up a task force to deal with the issues that will then be forwarded to the Planning Commission in an environmental impact statement. MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Council: Policies and Ways and Means Committee Chairman Stredicke presented a report Procedures recommending approval of revised legislative policies and procedures regarding Council meetings. MOVED BY STREDICKE, SECONDED BY MATHEWS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Cable Ways and Means Committee Chairman Stredicke presented a report TV Character Generator recommending concurrence in the request of the Finance Department to Software and Hardware expend $7,800 from the Cable TV fund to purchase software and hardware for the character generator to enable direct input from personal computers. MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Utility Ways and,Means Committee Chairman Stredicke presented a report Collections Agreement recommending concurrence in the Finance Department request for authorization to enter into agreement with U.S. Bank, Highlands Branch, for collection of city utility bills in the amount of 35 cents per bill (100 bills per month estimated). MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. NEW BUSINESS Council President Keolker-Wheeler urged everyone to vote in the Primary Primary Election Election on Tuesday, September 20. AUDIENCE COMMENT Theresa Zimmerman, 813 N. 1st, Renton, suggested that Woodland Park Zoo • Citizen Comment: be contacted for information regarding wildlife policy. She also commended Zimmerman - Wildlife the Housing and Human Resources Department for coordinating exterior Policy and H & HR painting of her neighbor's home, and relayed sincere appreciation from the Commendation residents lof the neighborhood. ADJOURNMENT MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL ADJOURN. CARRIED. Time: 10:45 p.m. MAXINE E. MOTOR, CMC, City Clerk Recorder: Marilyn Petersen 09/19/88 I . - 1 . WAYS AND MEANS COMMITTEE (COMMITTEE REPORT SEPTEMBER 19, 1988 • ORDINANCES AND RESOLUTIONS The Ways and Means Committee recommends the following ordinance for second and final reading: Ordinance Changing Zoning Classification of Certain Properties from P-1 (Public Use) to O-P (Office Park) - Lomas Rezone/One Valley Place The Ways and Means Committee recommends the following ordinance for first reading: Ordinance Amending Ordinance #4098 Rezoning Certain Properties from Light Industrial (L-1) to Business District (B-1) (E & H Properties, R-016-87) by Modifying a Condiition Thereto A RESOLUTION OF THE CITY OF RENTON, WA, CONCERNING STUDY OF ZONING AND COMPREHENSIVE PLAN IN THE NORTH RENTON AREA (Referred 2/15/88) The Ways and Means Committee recommends that this proposed resolution is no longer necessary since Council has set up a task force to deal with the issues that will then be forwarded to the Planning Commission in an EIS. LEGISLATIVE POLICIES REGARDI 'G COUNCIL MEETINGS (Referred 8/1/88) The Ways and Means Committee recommends approval of the revised legislative policies and Procedures regarding Council meetings. FUNDING FOR CHARACTER GENERATOR COMPUTER EQUIPMENT (Referred 8/22/88) The Ways and Means Committee recommends concurrence in the request of the Finance Department for the expenditure of $7,800 in the Cable TV Fund for the purchase of software and hardware that would enable personal computers to input information onto the Character Generator without being re-keyed. UTILITY COLLECTIONS AGREEMENT BETWEEN THE CITY OF RENTON AND US BANK (Referred 9/12/88) The Ways and Means Committee recommends concurrence in the request to permit the Finance Department authority to enter into an agreement with US Bank, Highlands Branch, for collection of City utility bills. The collection fee is .35 cents per bill, for an estimated 100 bills per month. Crte Richard Stredicke, Chairman • , Nancy Mathews/ I Bob ghes f Seattle Office 15241 Pacific Highway South Seattle,Washington 98188 crr P wmtk!!mN (206)433-3434 � MAR 3 41988 March 11, 1988 r TCI Cablevision of • Washington, Inc. Maxine Motor City Clerk City Hall 200 Mill Ave S Renton, WA 98055 Dear Ms. Motor: I want to take this opportunity to review some of our activities of the past few months, since I last wrote to you and to inform you of some of our future,plans. Enclosed is a copy of our latest customer newsletter which highlights the past year. Those activities represenit quite a substantial amount of money that was put back into our communities through charitable organizations as well as countless hours donated by our employees and in kind, company donations. You will notice two new cable services were added during the year, after the very successful launch of our CABLEWEST package ofd channels. Also featured in the newsletter are upcoming programming and special highlights. Please notice the addition of the 1.5% State Excise Tax to the cable bills. This is a tax that we could no longer absorb in the normal course of business, in light of our continually increasing tax burden. We do not anticipate any other rate changes in 1988 at this time. Late last year, we transferred 30,000 of our South King County customers from the Seattle area operations to our Auburn System. This move dramatically improves our ability to service these customers more quickly for connection and technical needs. It also makes it much more convenient for those customers to conduct in person business with us since their service center is much closer to where they live. We still maintain two cable stores and five remote payment locations in the Seattle System service area. We changed our customer billing company in November at the same time we transferred those customers to the Auburn System. Even with all the advanced planning and employee training to make a smooth transition, it was not enough. An error was made in the due date on one of our billing cycles creating a volumn of calls we were not able to handle. So for a few weeks, it was very difficult for our customers to reach jus. The billing calls also backed up our repair service and administration lines. It was a very difficult time that could not have been anticipated and it completely overpowered our phone system. In fact, it would have overpowered any kind of phone system. That is behind us now and our operationis back to normal. We are consistantly answering 90-95% of the 20,000-25,000 calls per month we receive. The average hold time is 130 seconds. Of course that was not the case when we had the billing problem. %L/ ® Through all of this, we still managed to gain 8,000 Basic CABLEWEST customers and 27,000 pay customers.) To do this, . we installed 55,000 units to overcome customer churn. This level, of activity is about the same as in most urban cable systems. Rural areas do not experience this high level of customer churn activity.. On the legislative front, there have been a number of bills introduced that could effect our business negatively which in turn, would effect service rates. In Olympia, we defeated a new sales tax on cable services but were unable to make a change in the B&O tax rate. We were working to lower our rate to the same level as other communications' companies: We will be trying again next year. A potentially costly bill has been introduced in Washington D.C. by Senator Gore that could dramatically increase our cost of satellite delivered programming. We are fighting this bill but this being an election year, anything could happen. We are following this issue closely. - Over the years, we have experiencedtremendous competition from various segments of the entertainment industry. We have always competed .for the entertainment dollar with movie theaters, legitimate theatre, overthe air television, museums, sporting events and local community activities. A couple of years ago, we experienced a dramatic drop in our pay television customers due to VCR sales -and video movie rentals. We have been able to compete in that area quite successfully.. We now see strong competition in multiple dwelling unit buildings from SMATV systems. (Satellite Master Antenna Television Systems.) Many of these SMATV Systems are owned by the !developers building the properties and are excluding the franchised cable company from access to the premises. These companieshave a price advantage over cablei companies because they do not pay local franchise fees, B&O taxes, utility taxes, Federal Copyright fees, etc. We can compete with these SMATV companies when we are able to gain access to the property but many have exclusive Right of Entry Agreements that keep us out. It is unfortunate that the residents of these buildings are precluded from viewing the locally mandatedaccess programming that has cost us over $250,000 since we purchased Group W a little over 18. months ago. it also has an effect on the franchise fees we pay to our local franchising authorities. Every customer.we do not serve costs everyone. We will continue to compete in this segment of the entertainment business even thought the deck is stacked against us. It is important that we make our entertainment and informational products available to the widest number of people as possible. In closing I want to thank you for taking the time to read this lengthly letter. If you have any questions or would like any more information, please let me know. Yours truly, I urtis s peck I - -. • Genera Manager - CMS:tb - - FREE! HBO: Ch. c, Mar. 5-6 Cinemax: L . 21 , Mar. 7-11' - DON'T MISS TYSON ON DIN MARCH NOVA JN CABLEWEST CABLE-TV SUBSCRIBERS ONLY The next time your child ' I � ` rR ° M , ° KY " asks "What's on cable?" Give HBO & Cinemax a FREE Spring Tryout. ,„. WORLD CHAMPIONSHIP BOXING:• just point to M I K E n �,,,,.. 2 Days of HBO: March 5&6 a 4i 1 Y"., your PC. 5 Days of Cinemax: March 7-11 � t. TYSON 4 s F . \ • vs. Try HBO® & Cinemax®in your T 0 N v , . 01,,, : home—FREE—fora full week.Try . — . the Hollywood hits...the big events TUBBS 1111 /•' // in music...the breakthrough corn- Lethal Weapon Tina—LIVE—from Rio edy.And more.All FREE,all week .... The hu,ivywesyht slogging sensation takes his title on the road. on the HBO/Cinemax Spring Break. III . O Sunday € �. And don't miss the spring pricer 7 H O 7:00 PM %' 1 March 2 0 S i break.Call NOW to order,and save • V� y` y." , t y / ' , That's right. Nowyou andyour familycan g while the offer lasts.(Available for a •• • Play limited time only.) . iv -....;.,:, ,r,;-,::Vii ....... . . ., ••• • .. - - • p get even more use from your home com- %%/�.. ,s Pass ort puter. The same cable that brings you a And Win a Indiana Jones and the Temple of Doom TM _' FashionOdysseyworld of entertainment choices M `�'984`�""m"°""'�'"°m= °° u°" "a°°" now brings 44'T!7 your home PC a lune in to The I ashr)n ,hannel Lir the newest world of informa- r spring~tyles and goat tion choices ,.il.ies Play Passport daily. PRIME TIME HIGHLIGHTS �, fabulous trips and as well. News from around the world, stock pnre, lane In for details First time purchasers updates, sports scores, editorials, weather; HBO March 5th HBO March 6th Cinemax March 7th Cinemax March 8th get 55.00 off. all as part of your basic cable service — all 6:00 pm Peggy Sue Got Married 4:30 pm The Color Purple 8:00 pm Something Wild 6:00 pm Guess Who's Coming l� at no additional monthly charge. It's a 8:00 pm Project X 7:15 pm Over The Top 10:00 pm The Mosquito Coast To Dinner r , SEL CHANNEL 6 fascinating, inexhaustible learning resource Before and After for your child. It's called X^Change, and it's 10:00 pm HBO World Stage — 9:00 pm Lethal Weapon 12:00 pm Heartbreak Ridge 8:00 pm Light of Day ki American Movie Classics available now. All you need is a cable con- nection,Turner in Rio 10:00 pm Roy Orbison & Friends nection, a compatible PC,* and the X•Change software kit. Call l-800-7PC- Cinemax March 9th Cinemax March 10th Cinemax March 11th NEWS for more information. 6:00 pm The Odd Couple 5:30 pm Indiana Jones and The Temple 6:00 pm Soul Man c)SClip and Save 8:00 pm Raising Arizona of Doom 8:00 pm Let's Get Harry 9:30 pm The Mission 9:00 pm Deadly Friend 10:00 pm Wanted Dead or Alive 10:45 pm Angel Heart FM LINEUP — SEATTLE/AUBURN CABLEWEST — +• -••. r Frequency FM N-" ^w ■mnro^-r- _-— �,�....� �. ---w Fashion Channel 88.19 HBO -Satellite HBo auda HBO CNN KOMO KING AMC 88.9 KPLU Tacoma Jazz from PLU 89.7 Showtime Satellite Showtime audio2 3 4 5 6 90.5 Nashville Satellite Nashville audio 92.193.7 KLSYKUBE Bellevue Adult ContemporarySeattle Contemporary/Top 40 KIRO LIFETIME KCTS ESPN KSTW Spring Special Offer for TCI Customers95.3 KUOW Seattle News/Fok/PublcCasssical/Jazz 7B 9 10 11 94.5 KMPS Seattle Country DISNEY WEATHER CVN 96.1KLTX Seattle Easy Listening CHANNEL KCPO CHANNEL LOCAL 0. SHOPPING 96.9 KXRX Seattle A.O. Rock 12 13 14 14 15 Add H B O or CINEMAX to your 97.7 KBSG Tacoma Adutt Contemporary SUPERSTATION ARTS& 98.5 KING Seattle Classical Music SHOWTIME TBS VH-1 ENTER. KTBW 99.3 KEZX Seattle Soft Rock 16 17 18 19 20 ■ 99.7 KOMO Seattle News and Popular Adult present services and get: 100.3 KISW Seattle Rock NICKEL- UNIVISION ■ 101.1 KSEA Seattle Easy Listening CINEMAX XTZZ USA ODEON 4pm-3am 101.9 KPLZ Seattle Contemporary/Hit Radio 21 22 23 24 24 1 . FREE Office Installation* 102.9 KZOK Seattle Rock GOVERN. PUBLIC 103.5 MTV Satellite Rock, MTV audio in stereo CBN MTV CABLEARN ACCESS ACCESS 2. One Month FREE Remote Control! * * 104.17 KBRD Tacoma Beautiful Music 25 26 27 28 29 104.7 VH 1 Satellite Video Hits audio in stereo 106.7KCMS Seattle Contemporary Christian DISCOVERY FNN 107.3 KMGI Seattle Adult Contemporary from the 60s,70s,&Bos KTPS CBOT KVOS CHANNEL 3am-4pm CALL NOW! OFFER ENDS MARCH 31st! 'For technical reasons,converter frequency differs from station's published frequency. 30 31 32 33 34 HBO and Showtime audio in synthesized stereo. BET Seattle: 433-341JM 1 • Auburn: 939-19024pm-3am NASHVILLE C-SPAN EFFECTIVE DON'T BE LEFT OUT IN THE COLD! 34 35 36 2/22/88 *Offer limited. Please call for full details. Order HBO and CINEMAX Today Customer Service:433.3401 Repair Service:433-3408 —One month remote control FREE unless it's already a part of your package. for the best in home entertainment. Ask about Cable TV for your PC with X•Change or call 1-800-446-4266 133kId 1 10013 Pus OSH beg :sn d - , pesohu3 uw ol;eso{ul pus sway e/qe° MON TCI ‘ABLEVISIO CUSTOMER NEWSLETTER Serving Seattle and Auburn TCI Systems • February 26, 1988 98186 YM `alueaS 5 £ oNu�ad yinos �leMg6!Ho!lloed 1bZ51 RATE CHANGE TCI CABLEVISION vim'aimsuangnd $ !A °miles Buaes 86elsodd.s.n .OU( 'uol6upysee COMING IN APRIL 1987 HIGHLIGHTS ales nine Jo uo!siname310± 1 .5% Washington State Excise Tax Last year was full of changes and happenings within TCI Will Be Added to Customers' Bills Cablevision. Here is a quick summary of many of the major events. Dear TCI Cablevision Customer, 1. Basic Cable became the CABLEWEST package with the Beginning in your April invoice, the Washing- addition of over 10 new services including: ton state excise tax of 1 .5% will be added to your • American Movie Classics • The Discovery Channel bill and itemized separately. •• BEThe Weather Channel • N ivision (formerly SIN) For a TCI customer with a monthly bill of $30.00, this tax would amount to an increase of The CABLEWEST introduction also included the elimina- jUSt 450 per month. tion of monthly charges for additional TV outlets and FM service. (There is a one-time installation charge for these At TCI, we're doing our best to bring you the services.) widest variety of television entertainment and in- 2. With the generous help of our customers, over $70,000 formation at a reasonable price. was raised and donated to the Muscular Dystrophy Asso- ion Thank you for your continued patronage. ci aj in King County. 3. In joint effort with The Disney Channel and Viacom Cablevision, $35,000 was raised and donated to the King County Boys and Girls Clubs. 4. The NFL made its cable debut with Sunday night games on ESPN. 5. The Fashion Channel (Ch. 6 shared with AMC) and • 'N ,' X•Change. a service for personal computers (see inside T —'sur more aetails) were added to CABLEWEST. TCI Cablevision Office Hours and Locations • Don't Miss The FREE Spring 6. Comic Relief '87 was carried live on HBO raising over$3 Previews of our Premium Services! million dollars across the nation to benefit the homeless. TCI helped promote the local comedy benefits and re- SEATTLE AUBURN HBO — March 5-6 broadcast the Grand Event that featured local comics Rod Telephone Numbers and Hours: Telephone Numbers and Hours: CINEMAX — March 7-11 Long, Geoff(Couch Potato)Young, Ron Reed, Peggy Platt Customer Service 433-3401 Customer Service 939-1902 and Mike Binder courtesy of HBO. Repair 433-3408 825-4469 Plus check out the great offers if All funds raised went directly to two local agencies that Monday-Friday 9'00 a.m. -6:00 p.m. 854-8726 you want to add a service. fight homelessness: Healthcare For The Homeless: The (Issaquah Toll Free — 453-1904) Monday- Friday 9'00 a.m. -5:00 p.m. Seattle Project and The Downtown Emergency Service • X•Change for Your Personal Center. Office Locations and Heurs: Office Location and Hours: 15241 Pacific Hwy. South Computer 7. In our second annual food drive over 10 tons of food was 19 Clay St. N.W., Auburn raised and donated to Northwest Harvest in December and Monday-Friday 9.00 a.m. -7:00 p.m. Monday Friday 8.00 a.m.-5:00 p.m. • Channel Lineupand FM Service Janua of 1988. Saturday 9.00 a.m. -5:00 p.m. ry 10002 Aurora Ave., Suite 36, Oak Tree Shopping Center The Auburn office serves:Algona,Auburn, Black Diamond, Buckley, Charts. We want to extend a special thanks to all our customers for Monday-Friday 9'00 a.m. -6:00 p.m. Des Moines, Enumclaw, Kent, Orting, Pacific, Wilkison, SE King their continuous generosity and willingness to join in projects Saturday 12:00 noon-4:00 p.m. County and NE Pierce County. that do make a difference in our community. - f') 11 1 December 7. 1987 • Renton City Council Minutes Page 412 ,' CORRESPONDENCE Petitions were read containing 53 signatures of residents in vicinity of NE Parks: 1988 H&CD Block 19th-Street between Union and Shelton Avenues NE supporting Good Grant Program, Good Shepherd group home; 53 signatures of residents in vicinity of 10th Place and Shepherd Olympia Avenue NE supporting Good Shepherd group home; 36 signatures of residents in!City limits supporting development of two Good Shepherd group homes in Renton;.and 16 signatures of parents or guardians of mentally retarded/developmentally disabled individuals who live in Renton supporting Good Shepherd group homes. Upon request, copies of the petitions were supplied to IMr. Porter who questioned validity of signatures, and proximity of residents' to proposed 10th and Olympia site. Citizen Comment: Shook Helen Shook, 1405 N. 24th Street, Renton, read correspondence into the - Quit Claim Deed on N. record regarding quit claim deed for the railroad right-of-way portion of N. 24th Street .24th Street associated with the Helen Shook Short Plat, Sh. Pl. 199-78, and stated grievance against one or more city employees for actions taken in 1978. MOVED BY MATHEWS, SECONDED BY KEOLKER, COUNCIL REFER THIS CORRESPONDENCE TO THE CITY ATTORNEY FOR REPORT BACK TOj THE CITY COUNCIL AS TO THE CITY'S LIABILITY. CARRIED! CONSENT AGENDA Items on the Consent Agenda are adopted by one motion which follows the listing. Utility: Cable City Clerk transmitted complaint from Clark Teegarden, 264 Seneca Place NW, Renton, regarding unresponsive service by TCI, City's TV cable franchise holder. Refer to City's cable consultant. Streets: Park Avenue N. In accordance with Council action on 11/23/87, City Clerk requested public Parking Removal meeting date be set on 01/11/88, to consider removal of parking on Park Avenue N. as approved for E & H Properties development to mitigate traffic from the proposal. Council concur. Zoning: City-Initiated City Clerk requested public hearing dates be set for City-Initiated Rezones, Rezones, Group I Group I: Parcel A - 01/18/88 (May Creek, 3000 block Jones Road NE); Parcel D-I4 - 01/18/88 (Old Downtown Business-Parking); Parcel E-1 - 01/25/88 (Group Health Clinic); Parcel E-1 - 01/25/88 (Vuemont Place Apartments and Cugini Property); Parcel E-1 - 02/01/88 (Monterey Manor); Parcel F-2(b)(d) - 02/01/88 (Old Hospital Area); Parcel H-2 - Date not set (NE Park Drive). Council concur. CAG: 87-072, City Clerk reported bid opening 11/23/87 for Renton Community Center; 3 Community Center bids; Engineer's estimate: $3,560,0001. Refer to Community Services Committee and Park Board. (See later action.) CAG: 87-074, SW Sunset City Clerk reported bid opening 12/2/87 for SW Sunset Boulevard roadway, Boulevard Roadway, intersection and watermain improvements; 3 bids; Engineer's estimate: Intersection and $831,5371.90. Refer to Transportation Committee. Watermain Improvements Claim: Murray, CL-55-87 Claim for damages in the amount of $2,214.00 filed by Christine Murray, 26439 156th Place SE, Kent, for damages to home and furnishings as a result of gunshots fired during apprehension of suspect by Renton officers and King County police (08/11/87). Refer to City Attorney and insurance service. Appeal: Public Storage, Appeal filed of Hearing Examiner's decision on Public Storage, Inc. request Inc. Conditional Use for conditional use permit, CU-021-87, to build two mini-storage warehouses Permit, CU-021-87 on 1.9 acres at the northwest quadrant of Edmonds Avenue NE and Sunset Boulevard NE. Associated Short Plat 022-87 not appealed. Refer to Planning and Development Committee. Plat: Preliminary, Hearing Examiner recommended a proval of Ridgeview Estates Preliminary Ridgeview Estates, PP- . Plat, PP-067-87, with conditions, for 25 single family lots on 7.7 acres 067-87 located north of NE 24th Street and Anacortes Avenue NE. Council concur. CAG: 87-021, Removal Parks Department submitted CAG 1021-87, Municipal Building Asbestos of Asbestos from Renton Removal Project; and requests approval of the project, authorization for final Municipal Building pay estimate, commencement of 30-day lien period, and release of retained amount'of $1,142.20 to contractor, Central Industries, if all required releases have been received. Council concur. • • • For.Use .By City Clerk's Office Only A. I . # ' '17- AGENDA ITEM • ' . • RENTON CITY COUNCIL MEETING ' . a = ==== = • _ SUBMITTING - City Clerk's 'Office - . ' December 2 Dept./Div./Bd./Comm. For Agenda Of e 1 , 1987 I (Meeting Date).. Staff Contact' Maxine Motor (Name) AgendaStatus: f SUBJECT: Inadequate service from TCI ,' City'-s , • Consent XX TV cable franchise holder, { Publi'c Hearing per complaint . • Correspondence - from Clark Teegarden. Ordinance/Resolution. ' i - Old Business . -__ - --- _,— ' Exhibits: (Legal Descr. , Maps, Etc.)Attach• New Business . . ' • Study Session . ' ' -A• letter from Clark Taegarder; Other 1 , • B. C. • Approval : Legal Dept. Y•es_ No , N/A COUNCIL ACTION RECOMMENDED: Refer tojLon Hurd, Finance Dept. Yes_ No. N/A • 'Oth'er Clearance 3-H Management and Consultants, City's TV consultant. •- I 1 f FISCAL IMPACT: 1 . Expenditure Required $ L. Amount $ ; Appropriation- $ Budgeted Transfer Required 1 1 SUMMARY (Background information, prior action and effect o;f implementation) - • (Attach additional pages ifinecessary.) • - - I • • I PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: i - . . , I . 1 ' . SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. - . ' Aii 1 I CLARK TEEGARDEN 264 SENECA PLACE N.W. REGISTERED ARCHITECT RENTON,WA. 98055 255-7064. • Nov. 23, 1987 • • . TCI Cable 152 .1 Pacific Highway So. Seattle, WA 98188 Gentlemens • I am- taking this method of communicating with you-be cause -I-have~--- not been able to reach you by telephone. It would seem to me that a service company such as yours would want to be available to the public as easily -as possible. Anyway, last Friday morning I called to report an outage. After about an hour of repeated dialing I finally found an available line, only. to hear a recorded message about how sorry you were for the delay and asking me to hold. This message was repeated over and over for about a half hour when a woman finally answered. I explained to her that I had an outage, gave her my name, address, telephone, etc. and she said she'd have a repair man come that day., Friday the 20th. He has still not come and'when I tried to call again I just got a busy signal - hence this letter. • I am sending a ;copy of this letter to• the Renton City Council • because I think they should be aware of how you are fulfilling your franchise. • Yours very truly, / • • Clark Teegarden • . • cc: Renton City Council ; • ' • CITY OF RENTOR. NOV '2 4 Oa D ( CITY CLEM'S OFFICE , L,A -: . . el MEMO FROM: CITY CLERK' S OFFICE MEMO FROM: CITY CLERK' S OFFICE , . eE,ee.,..xt,e. e., V V / / 4ZA.„4,1 r I TO: , P TO: ".. r---71. -c;-47E— DATE: 7/ - (7/- F 7 DATE: /( 42-7 RE: e7tzt_, fer..on,,,L, 6.2. e-2e-e-g-g-L..06-,.-- , RE . . r ' , / MEMO . , MEMO: _7-°---e,V-7i--r--4---A-) _______ • , - ---- - ) -12e2 THANK YOU, THANK YOU, -'2,1-----/.-e----z-c--e--' A. • ..i . or ® CERTIFICA tE OF INSURANCE ISSUE DATE(MM/DD/YY) 12/17/87 PRODUCER THIS CERTIFICATE IS ISSUED,AS A MATTER OF INFORMATION ONLY AND CONFERS Frank B. Hall & Company NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spear Street Tower i. One Market . Plaza - Suite 2100 COMPANIES AFFORDING COVERAGE Sari Francisco, CA 94105 , COMPANY A • LETTER INS. •COMPANY OF NORTH AMERICA ' COMPANY B . INSURED LETTER TCI OF SEATTLE, INC. COMPANY REGENCY PLAZA ONE LETTER c , ' 4643 SOUTH ULSTER STREET i COMPANY D 1 DENVER, COLORADO 80237 LETTER COMPANY E 1 LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. . ,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. COPOLICY EFFECTIVE 1 POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DO/YY) EACH OCCURRENCE • AGGREGATE GENERAL LIABILITY ' A© COMPREHENSIVE FORM XSL GO 5697 75-A ', .. 01/01/88 01/01/89 INJURY $ $ 13 PREMISES/OPERATIONS I • PROPERTY II EXPLOSIONU&COLLAPSE HAZARD j I DAMAGE $ $ 13 PRODUCTS/COMPLETED OPERATIONS . MB N © CONTRACTUAL COED $ 1000 $ 1000 © INDEPENDENT CONTRACTORS • ' 13 BROAD-FORM PROPERTY DAMAGE • •• . • 13 PERSONAL.INJURY , • i PERSONAL INJURY $ 1000 © • 1 AUTOMOBILE LIABILITY BODILY - INJURY U. ANY AUTO j (PER PERSON $ ■ ALL OWNED AUTOS(PRN. PASS.) f BODILY I OTHER THAN11 INJURY . ALL OWNED AUTOS(PRIV.PASS1 ) (PER ACCIDENT) $ . HIRED AUTOS i . NON-OWNED AUTOS • 1 PROPERTY DAMAGE ■ GARAGE LIABILITY I - BI&PD ■ ! COMBINED $ EXCESS LIABILITY I ■ UMBRELLA FORMBI&PD $ ■ , 1111111111 COMBINED $ OTHER THAN UMBRELLA FORM �- „ I STATUTORY WORKERS'COMPENSATION 1 /� , 111 AND EC GSI.L - $ (EACH ACCIDENT) I$ (DISEASE-POLICY LIMIT) EMPLOYERS'LIABILITY -)` .•t t Pq'S U A $ (DISEASE-EACH EMPLOYEE) OTHER . `:0-1,„7 E. ` DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CABLE TELEVISIONAND/OR MICROWAVE TRANSMISSION RENTON, WA THE CITY OF SEATTLE AND THE CITY OF RENTON ARE HEREBY INCLUDED AS ADDITIONAL INSUREDS . 1 CERTIFICATE HOLDER CANCELLATION CITY OF RENTON SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE I THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 200 MILL AVENUE MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE RENTON, WA 98055 I LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY • OF ANY KIND UPON THE COM-ANY,ITS AG NTS •- REPRESENTATIVES. ATTN: CITY CLERK I AUTHORIZED REPRESENTATI - ACORD 25 8184) © IIR/ACORD CORPORATION 1984 C11 '.(0A •, ''w ® CERTIFICA V ,E OF 'INSURANCE ISSUE DATE(MM/DD/YY) : Air 7-29 87 •P,iDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1 NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, ' _ F. -- ti. r 8'sr:F."::,;^ EXTEND OR ALTER THE COVERAGE AFFORDED BY.THE POLICIES BELOW. 1 i` iw�1v -. ':. i �I,a.. iS i:'� I• (,Vii( I 4�41d6ar an C., 'AA r'.:rk/'' :i-j7, COMPANIES AFFORDING COVERAGE. per?I ;1,IP.E Tc,,4 or, Burl° 2100 , San Francisca,California94105 COMPALETTER A iI Insurance Company of`•North America ' 1 COMPANY B INSURED ; LETTER , TCI of - Seattle, Inc . I COMPANY Call Box 2259.5 Wellshire - Station LETTER Denver, Colorado 80222 I COMPANY I LETTER. 7 ! - ' COMPANY•IE LETTER I COVERAGES - THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. , NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. , CO POLICY EFFECTIVE ; POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/OD/Y`) ' DATE(MM/DD/YY) , EACH AGGREGATE . - OCCURRENCE GENERAL LIABILITY ' BODILY © COMPREHENSIVE FORM I INJURY $ $ A © PREMISES/OPERATIONS , ' PROPERTY . © UNDERGROUND I DAMAGE $ $ EXPLOSION 8 COLLAPSE HAZARD ' I © PRODUCTS/COMPLETED.OPERATIONS. ISL Go 569682-3 . 1-1-8 7 ; 1-1-88 © CONTRACTUAL 1i OMB N CED $ 1 , 0 0 0 $ 1 , 000 © INDEPENDENT.CONTRACTORS , . 1 © BROAD FORM PROPERTY DAMAGE - ® PERSONAL INJURY I ,I ' PERSONAL INJURY $ 1 , 0 0 0 ■ I , AUTOMOBILE LIABILITY • BODILY INJURY 1111 ANY AUTO I (PER PERSON) $ • ALL OWNED AUTOS(PRIV. PASS.) i . iiiINJUR 1111 ALL OWNED AUTOSI R THAN 4 (PER ACCIDENT) $ „ ■ HIRED AUTOS 1 PROPERTY II NON-OWNED AUTOS TH DAMAGE $ 611 GARAGE LIABILITY BI&PD ■ COMBINED $ EXCESS LIABILITY I . UMBRELLA FORMBI&PD COMBINED $ $ ■ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION I STATUTORY AND CITY OF R= TON $ (EACH ACCIDENT) EMPLOYERS' LIABILITY 1 ., ' AUG . � I o $ (DISEASE-POLICY LIMIT) $ (DISEASE-EACH EMPLOYEE) I OTHER IR ,CITY CLERK'S 0 '� li 1 .. EEEIVEI, DESCRIPTION OF•OPERATIONS/LOCATIONS/VEHICLES/SP CIAL ITEMS C_ ,, - ,.-...- . _I •n and o r Microwave T r an s m i s s i o Renton, WA . THE CITY OF SEATTLE ANDTHE CITYfOF RENTON ARE HEREBY INCLUDED AS ADDITIONAL INSUREDS ' 1 CERTIFICATE HOLDER CANCELLATION ' . . - T h e City of -Ren t O n , . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 200 X- 200 Mill Ave. , South . PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO W A 9 8 0 5 5 • MAIL 30 DAYS WRITTEN'NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Renton LEFT,BUT F• LURE TO MAIL SUCH NOTICE SHALL'IMPOSE NO OBLIGATION OR LIABILITY ' Attn : City Clerk OF ANY KW]UPON THE CO PANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZES ' . / Agl ACORD 25(8/84) "` - © IIR%ACORD CORPORATION 1984 • • • • • • • • • • Telt DUA •�.7 i '1 fY 1 -'� `j;IL) %0 CITY OF RENTON FINANCE DEPARTMENT Barbara Y. Shinpoch, Mayor Maxine E. Motor, City Clerk June 25, 1987 Carrie Rosacci , Asst. Risk Manager Tele-Communications , Inc . 54 Denver Technological Center Call Box 22595 Wellshire Station Denver, Colorado 80222 Dear Carrie: This letter acknowledges receipt, of franchise bond rider. Attached is copy of expired certificate of insurance for Group W Cable, Inc. Also attached is copy of Franchise Ordinance No. 3137 listing insurance requirements in Section XXV. Please furnish the required TCI liability insurance naming the City of Seattle and City of Renton as additional insured. Thank you for your courtesy. Yours truly, CITY OF RENTON Maxine E. Motor, CMCI City Clerk i Encl . 1 200 Mill Avenue S+uth - Renton, Washington 98055 - (206) 235-2501 O� ••® CERTIFICAE OF INSURANCE ISSUE DATE(MM/DD/YY) . @2/23/:7 PRODUCER THIS'CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 0 Frank 'B. :Hall &. C im parry, +• ' NO RIGHTS-UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND;," / '• • , EXTEND.OR ALTER THE COVERAGE,AFFORDED,BY THE•POLICIES BELOW.' Spear^' Street '`Tower^• ' , ' I - ' - One Market Plaza'' _ Suite 2100 ' ' .\'''COMPANIES AFFORDING COVERAGE r•. ' • San %Fi',ancisc!_u, •CA.:94105 r ' . . . I - , .7. , ., i COMPANY AJ I ' 'LETTER .- INSURANCE CO. OF NORTH 211. "INSURED , .. ' • LETTER PACIFIC . EMPLOYERS' 'I NSU RAN_ ` ■ - . .'GROUP W CABLE, ., INC: ETAL• ' "' , ,' ,COMPANY- • '• ' '' '•' " • 888 SEVENTH AVENUE, •.38TH FLOOR .. , LETTER , ,C . .- •' • ', ' ' • _ : -; NEW YORK,,-''NEW "-YORK .10106.- 'I' COMPANY. D , ' ' ' • . - LETTER, . ' r,. 1 COMPANY E • LETTER f.1 COVERAGES • __ ,'THIS IS TO CERTIFY%THAT POLICES OF INSURANCE LISTED!BELOW HAVE BEEN ISSUED TO THE'INSURED•NAME. • 'K YEBIODINDICATED. •- :NOTWITHSTANDING ANY REQUIREMENT;TERM OR CONDITION OF ANY CONTRACT OR-OTHER DOCUMENT WIT FE 3'.0 , I IS CERTIFICATE MAY I- BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T' ALL TH" -• -L-USIONS,AND CONDI- TIONS OF SUCH POLICIES..' • . - , ,• - ' t .; ` / CO' • • --POLICY EFFECTIVE : POLICY EXPIRATION " LIABILITY,LIMITS IN THOUSANDS um TYPE OF INSURANCE, POLICY NUMBER f'DATE(MMIODIYY) 'DATE(MMIDDIYY)-i EACH - - ' AGGREGATE OCCURRENCE GENERAL LIABILITY . I .) BODILY ' A® COMPREHENSIVE FORM ISL-60-567',36-4,476 -•06/20/86 06/80/87 • INJURY' ,$ ' $ ' 'PREMISES/OPERATIONS . - ' • ' , • • ' , © ' : .- ../.. • , PROPERTY f • © UNDERGROUND , - , - ' ' ,' DAMAGE' $, , $ EXPLOSION&-COLLAPSE HAZARD ma PRODUCTS/COMPLETED OPERATIONS , • • _ ' CONTRACTUAL , • ' -1-•\ '• ) ' BI 8(PD' $ ® . . COMBINED $ 1000 $ 1'000 © INDEPENDENT CONTRACTORS '• . ' ' ' , 1' • • BROAD FORM PROPERTY DAMAGE .I� ' ' ' • ; ®.PERSONAL INJURY ' . • ' ,PERSONAL INJURY $ ' 112100 1 , AUTOMOBILE LIABILITY 1 I • BODILY'• ' • ' ® ANY AUTO 'INJURY ' ISA-38-E4-56.'• 06/'20-/86 06%S�i/87 PER + A $ - ■ 'ALL OWNED AUTOS(PRIV.'PASS.) ' ' .'- • ' • , . BODILY , • INJURY - ® ALL OWNEDIAUTOS(OTHER P AN� (PER ACCIDENT) $ ® HIRED AUTOS ( _ - / PROPERTY ® $ NON-OWNED-AUTOS , . , ;I. , . ., DAMAGE S GARAGE.LIABILITY • • • . 1 - , , BI&PD - , - . • COMBINED $, 1000 ^',I EXCESS LIABILITY, ' / ' ' . " ' ' - ' BI&PD ' ■ UMBRELLA FORM , , ' ,. _ ., - ' 1•• - COMBINED $ • $' OTHER THAN UMBRELLA FORM ' - STATUTORY - WORKERS'COMPENSATION CCS-C1-469578-3 y• 06/20/86' 06/20/87 - . 6/20/87 - $ 10171".(EACH ACCIDENT)'• , .,• ' • ,AND •, , EMPLOYERS' LIABILITY r $' 160' (DISEASE-POLICY LIMIT) • $ 1'00 (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIO,NSNEHICLES/SPECIAL ITEMS AS RESPECTS. -FRANCHISE - IN THE 'C.ITY OF''' RENTON; THE CERTIFICATE HOLDERIS, NAMED AS ADDITIONAL INSURED: , ' - '' " , I - ; ' , CERTIFICATE HOLDER CANCELLATION _ CITY, OF RENT-DN . ' .' SHOULD ANY OF THE ABOVE DESCRIBED.POLICIES BECANCELLED BEFORE THE EX- .-,: 1.. PIRATIn, DATE THEREOF, THE ISSUING. COMPANY WILL' ENDEAVOR.TO ' .C I TY HALL .MAIL' 610DAYS-WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE, -RENTDN WA ' 98104 ;; `•'{; -. LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE•NO OBLIGATION OR LIABILITY �• ' ;'= ' - OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. , 1• - ' - ' - , •, , AUTHORIZED REPRESENTATIVE• ' :.. '' .. A : ACORD 25(8/84) r'' IiR!ACORI) CORPORATION 1984 • or CERTIFICA:i E OF INSURANCE ISSUE-DATE(MM/DD/YY) 1_ C.T w PRODUCER r •THIS CERTIFICATE IS ISSUED AS A"MATTER OF INFORMATION ONLY AND CONFERS Frank' B: Hall -& Comp'', -" ' ,, NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT,AMEND; Spear,• St,r�eet Tower ` EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One Mark.et• 'Pl.aza - 'S�_ii�te 'E10 . COMPANIES AFFORDING COVERAGE San Francisco, CA '.94105 ' ' COMPANY 'A LETTER INSURANCE CO. OF .N0' • .u : e' I • ' COMPANY S ' - INSURED , ' •" LETTER B PACIFIC EMPLOYERS IN 'l. ::L N '- GROUP W CABLE, INC. ETAL` ' ,I ' COMPANY,' ( , 1 1 888 SEVENTH AVENUE,, ,'38TH FLOOR '' LETTER r C NEW YORK, NEW YORK 110106 COMPANY ` � LETTER CRY OF PENTON COMPANY E 1 FEB 2 5 • ' 1' LETTER �_ COVERAGES 11 ��r;l);, Ei� , 'THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A•0 7. • �t ri_,1 �� ••TE I. "NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH`R'SP 3 -,c-, - - -MAY BE ISSUED OR MAY PERTAIN;THE INSURANCE AFFORDED'BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO L • ' "•• USIONS,AND CONDI- ` 'TIONS OF SUCH POLICIES. � •,_�„��...-------1------- , v.�--ted "' — ' / CO TYPE OF INSURANCE • ' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION • LIABILITY LIMITS IN THOUSANDS LTR , DATE(MM/DD/YY) DATE,(MM MONY)• - EACH AGGREGATE OCCURRENCE GENERAL LIABILITY i , BODILY A© COMPREHENSIVE•FORM' ' \ ISL-G0-56-i;96-44-E ' 06/E0/8E 06,/20/87 INJURY '$ $ , ® PREMISES/OPERATIONS ' PROPERTY © UNDERGROUND I - _ ' DAMAGE EXPLOSION&COLLAPSE HAZARD,- �'. . ' - $-' • $, ' PRODUCTS/COMPLETED OPERATIONS I • BI&PD' '1 © CONTRACTUAL + • . _ - COMBINED $' '100 $' 000 u INDEPENDENT CONTRACTORS +' I - , . u BROAD FORM PROPERTY DAMAGE PERSONAL,INJURY PERSONAL INJURY , $ 1000 AUTOMOBILE LIABILITY"' \ ,, - i BODILY , - A © ANY AUTO ' •, ISA-38-244-56 , 06/20/86 .06/20/87 ' (PER PERSON) $ ■ ALL"OWNED AUTOS(PRIV,,PASS.) 1 • ' I , ' BODILY - 1. ALL OWNED AUTOS(OTHER ASSN , 1 : - • ,- _ (PER ACCIDENT)INJURY $ M , © HIRED AUTOS 1 ' • PROPERTY © NON-OWNED AUTOS DAMAGE $ ,, MI GARAGE LIABILITY � , I 1 BI&PD ® , I ,1 , ' COMBINED $ .1000 ; . .. EXCESS LIABILITY I I ' - •. \ - , III UMBRELLA FORM " BI&PDI I r COMBINED $ $ ■ OTHER THAN UMBRELLA FORM - • ,I , .'- I � r' - STATUTORY .; .�u '- WORKERS'COMPENSATION CCS-C1-4d9578-3 08/E0/8E 06/20/87 $ 100' (EACH ACCIDENT) , AND $ i00 (DISEASE-POLICY LIMIT) • EMPLOYERS'LIABILITY ,. ' ' ' , ' ' i $ 100 0 (DISEASE-EACH EMPLOYEE) OTHER, , _ , . , _ : . , _ . —. • ' '' : ' DESCRIPTION OFOPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS- ALL OPERATIONS OF `THE NAMED INSURED 'AS RESPECTS` ORDINANCE NO.' 3154 ,"GRANTING GROUP I'W -CABLE, INC. 'A FRANCH I,S,E THE CITY _OF SEATTLE AND' THE 'CITY OF RENTON; ARE NAMED AS _ADDITIONAL ,!INSURED. • ' CERTIFICATE HOLDER CANCELLATION 1 1 C-I.TY 'OF SOUTH • ' • RENTON,' , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- - • �+�+. MILL AVENUEI . PIRATION DATE' THEREOF; THE ISSUING COMPANY WILL"ENDEAVOR TO' MAIL`' 30 . DAYS WRITTEN NOTICE TO'THE CERTIFICATE HOLDER.NAMED TO THE •RENTON, WA 98055 98055 LEFT,BUT FAILURE TO MAIL SUCH NOTICE-' HALL IMPOSE NO•BLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, IT• ►GENTS-OR'- -R E°I$TATI S. • ' ' AUTHORIZED REPRESENTATIVE), " "''dr-. I' " rig 1 ACORD 25 (8/84) © IIR/ACORD CORPORATION 1984 >,,, °,,;:. '� lig; ts.l F•t.'� e. ;c�'.�.w5n.„la .�,�Xil:! t,s'I• ,;�� _ _. T I nf4r�a. min '. .. i° -.. . . 1-4 • • , • / ,. / • I • • • I • • 0• 1 • • N. • • • • • • • • • . • • • • • • • • • • • • • • • • • • I i EEO S 2 Ta8i 1 , . • . • • • . • • • I • • TELE-COMMUNICATIONS, INC. I GENERAL OFFICES • 54 DENVER TECHNOLOGICAL CENTER - CALL BOX 22595 m WELLSHIRE STATION • DENVER,COLORADO 80222 (303) 771-8200 June 16, 1987 Maxine Motor City Clerk City 'of Renton 200 Mill Avenue South 1 Renton, Washington 980551 Dear Maxine: Due to the sale of Group Cable to Tele-Communications, Inc., attached is a 'Rider to Franchise Bond #1(01604995 which changes the Principal's name to TCI Seattle, Inc. Sincerely, • t L-Le Carrie Rosacci ! • Asst. Risk Manager . t . 4) o Gr. - -Y6-e-t- . JUN 24198'T / . 1 1 :.. ...,:•.:c.L:.. .. , ? ill I , INSURANCE COMPANY OF NORTH AMERICA Philadelphia, Pennsylvania 19101 _ I To be attached to and form part of Bond No. K01604995 dated the 13th day of May, 1983, and on behalf of Group W Cable, Inc. ton in favor of City of Renton, Washington It is understood and agreed that the Principal is hereby changed to TCI Seattle, Inc. Nothing herein contained shall serve to waive, alter, modify or extend any of the terms and conditions of the subject bond other that as herein expressly set forth. IN WITNESS WHEREOF, the Principal and Surety have caused this instrument to be duly signed and sealed this 16th day of June, 1987. Witness or Attest ir INSURANC MPANY OF NOR H AMERI A BY Pete Warzel Attorney-in-Fact % ArikCITY OF RENTON ' FINANCE DEPARTMENT Barbara Y. Shinpoch, Mayor Maxine E. Motor, City Clerk June 8, 1987 Carrie Rosacci Asst. Risk Manager Tele-Communications, Inc. 54 Denver Technological Center Denver, CO 80111 Subject: Group W Bond Dear Ms. Rosacci: In response to your inquiry for copy of $10, 000 franchise performance bond, attached for your information are the following copies: 1. Irrevocable Letter of Credit #138; $10, 000; Clearview 2 . Notice of Cancellation Bond 011357 3 . Bond #03-24-33 Teleprompter; $10, 000 4. Bond #K01604995 Group W; $15, 000 Please advise if we can be of further service. Yours truly, CITY OF RENTON Maxine E. Motor, CMC City Clerk cc: Lon Hurd 200 Mill Avenue South - Renton, Washington 98055 - (206) 235-2501 r ■ � TELE-COMMUNICATIONS, INC. I I GENERAL OFFICES - 54 DENVER TECHNOLOGICAL CENTER • CALL BOX 22595 © WELLSHIRE STATION• DENVER,COLORADO 80222 (303) 771-8200 June 4, 1987 - . - . j 1 JUN 8 1987 d City Clerk t . City of Renton 1 %_L..•J•-••: �;;; '' City Hall ___ _ 200 Mill Avenue, South �. - Renton, Washington 98055 Gentlemen: Due to the administration change of Group W Cable to TCI we are unable to locate various bond files still active for the utilities and franchises. Our records indicate a $10,000 Franchise Bond #032433 issued to the City of Renton still in effect which is one of the bond files we are missing. Would you please be so kind as to forward to me a copy of this bond. Should you have any questions, please contact me at 303-796-1040. Sincerely, Carrie Rosacci Asst. Risk Manager r April 27. 1987 Re ton City Council Minutes Page 143 Public Works: Surplus Letter from ublic Works Department requested Council concurrence in Traffic Engineering declaring certain Traffic Engineering equipment surplus and authorizing Equipment dispositionif the material at the transfer station. MOVED BY MATHEWS, SECONDS BY HUGHES, COUNCIL CONCUR IN THE COMMITTEE REPORT. ¶ouncil expressed preference that any salvageable material be recycled. OTION CARRIED. OLD BUSINESS Community Services Committee Chairman Mathews presented a report Community Services recommend ng that the City not participate financially in the Renton Committee map/poster project as requested by Renton High School and merchants on Finance: City Map 4/20/87, b t assist in identifying City facilities. MOVED BY MATHEWS, Funding Participation SECONDED BY CLYMER, COUNCIL CONCUR IN THE COMMITTEE with Merchants REPORT. CARRIED. Parks: Community Event Communit Services Committee Chairman Mathews presented a report Mobile Stage Donation by recommen ing that the City accept the generous donation from Renton Renton Rotary Club Rotary Club in the amount of $20,000 for a community event mobile stage, and the difference of up to $6,000 be paid by the City. The Committee further redommended that the matter be referred to the Ways and Means Committee)for approval subject to review and acceptance of the policy and procedure entitled, "Use of City-Owned Portable Stage." MOVED BY MATHEWp, SECONDED BY CLYMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. So the stage can be ordered in time for the July 4th celebration, Ways and Means Committee Chairman Keolker advised that the Committee has discussed and verbally approved the matter prior to adoption of legislation. It was also noted that the City's portion will be drawn rom the Contingency Fund. i Utility: Cable Communi y Services Committee Chairman Mathews presented a report recommending that 3-H Management Consultants, the City's cable consultant, proceed with negotiations between Group W and Viacom to issue a revocable 1 permit to provide cable TV service by Viacom to certain customers within the Group W franchise area. MOVED BY MATHEWS, SECONDED BY CLYMER', COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Legislature: SB 5013, Councilwl man Mathews thanked City Attorney Warren and Assistant City Vacation of Streets Attorney Daniel Kellogg for assisting Senator Avery Garrett in drafting Abutting Water Senate Bi 1 5013, vacation of streets abutting water. King County: Health Council oman Mathews reported on recent meeting of the Health Services Services Contract Advisory Committee. Issues yet to be resolved by Regional Subcommittee: allocatio of non-administrative overhead; animal control and district court program ; percentage of city sales tax contributed to the County (15% now paid); in erest earnings (Seattle has won preliminary court decision in suit filed ag inst King County); revenue alternative for health services, i.e. sales tax, per apita tax, or county business and occupation tax; and environmental fees. M yor Shinpoch added that at recent Regional Subcommittee meeting, King County Executive Tim Hill said that even if contracts between King County nd cities for services are eliminated, the,County still expected approxi ately $5 million from cities, and he would oppose any kind of King County ax to raise funds. Tall Fashions NW Council{nan Stredicke asked the Administration to report on whether a Temporary Permit, clothing) store business operating illegally in a single family home for the past Thomas Garrick, TP-104- two an one-half years in an R-4, high density multifamily residential, zone S6 at 601 urnett Avenue South has been required to close its operation. A . tempor ry permit application filed by Thomas Garrick, Tall Fashions NW, in that loci tion was denied by the Hearing Examiner on 4/24/87,(File No. TP- 104-86). Mayor Shinpoch advised that certain avenues of appeal, both to the City Council and Superior Court, remain open to the applicant. However, she agreed to provide a chronological report of City actions regarding that particular business over the past two years. . WSDOT: I-405 S-Curve Councilman Stredicke asked the Administration to send a letter of Paving commendation to the Washington State Department of Transportation for quick response to his complaint about the deteriorating roadway surface on the I-405 S-Curves. He also noted that WSDOT had expeditiously reinstalled an uprooted sign at the North Renton interchange off-ramp last weekend. _ C4- te-4 - COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT APRIL 27, 1987 POSTER OF RENTON (Referred 4 20/87) The Community Services Commit ee recommends that the City not participate financially but assist in ide tifying City facilities. MOBILE STAGE (Referred 4/20/ 7) . The Community Services Commit ee recommends that the City accept the generous donation from Renton Rotary in the amount of $20,000 for a mobile stage and that the difference of up to 6,000 be paid by the City. The Committee further recommends that the m tter be referred to the Ways and Means Committee for approval subject to revie and acceptance of the "Use of City-Owned Portable Stage" Policy and Pr' cedure. CABLE TV SERVICE EXTENSION (Referred 3/23/87) The Community Services Committee recommends 3-H Management proceed with negotiations with Group W aril Viacom to issue a revocable permit to provide cable TV to certain customers within the Group W franchise area. Nancy Mathews, Chairs- Richard Stredi-cke Earl Clymer Attachments td$) ® CITY OF RENTON Lawrence J. Warren, City Attorney Daniel Kellogg - Davi M. Dean-Mark E. Barber -Zanetta L. Fontes -Theodore R. Parry Assistant City Attorneys April 17, 1987 RECEIVED TO: Nancy Mathews APR 21 1987 FROM: Lawrence J. Wa ren, City Attorney ' CITY Or RENTON RE: Cable TV Service Extension CITY COUNCIL Dear Nancy: By memo dated April 10, 1987, you asked me to review the possibility of Viaco having a revocable permit to provide cable TV to certain customers within the Group W franchise area but so far fro Group W lines that Group W does not wish to serve them I believe that approach would be acceptable as long as the revocable permit indicates the following: 1. The area i within Group W' s franchise. 2. Group W has agreed to allow Viacom to serve this limited area. 3. That the ity is allowing Viacom to serve Group W customers under Group W' s franchise ' and that this is not a grant of an additional franchise to Viacom. 4 . Any exten ion of service beyond the five or six houses to/be serviced would permit the City to re- examine tie franchise issue. 5. The revocable permit would be for a time certain, say two, three, four or five years, subject to revocatio on limited notice, say sixty or ninety days. I have checked with Lon Hurd and he believes this is an acceptable procedure to follow. Lawrence J. Warren LJW:nd cc: Mayor N8. 2: 385 Post Office Box 626 - 100 S 2nd Street - Renton, Washington 98057 - (206) 255-8678 � • %• CITY OF RENTON NIL FINANCE DEPARTMENT Barbara Y. Shinpoch, Mayor Maxine E. Motor, City Clerk April 28, 1987 , . Mr. Lon Hurd 3-H Management 4517• California Avenue SW, Suite B Seattle, WA 98116 • Subject: Cable TV Serv'ce to 3336 Edmonds Avenue NE Dear Lon: The Renton City Counci at its regular meeting of April 27, 1987 , adopted the attached Community Services Committee report recommending 3- Management proceed with negotiations with Group W and Viaconn to issue a revocable permit to provide cable TV to certain customers within the Group W franchise area. Also enclosed for your information is letter from Lawrence W rren, City Attorney, concerning the . service extension. Please do not hesitate to contact this office if you have other questions . Yours truly, CITY OF RENTON pp >-2v4„,,,_,‘.., )2i ' • Maxine E. Motor, CMC City Clerk Enc. • 200 Mill Avenue Soluth - Renton, Washington 98055 - (206) 235-2501 • , • COMMUNITY SERVICES COMMITTEE ' COMMITTEE REPORT APRIL 27, 1987 • POSTER OF RENTON (Referred 4/20/87) . The Community Services Commi tee recommends that the City not participate financially but assist in id ntifying City facilities. � ) � � 1 ,...7i.:0,.._ MOBILE STAGE (Referred 4/20/87) , The Community Services Committee recommends that the City accept the generous donation from Renton Rotary in the amount of $20,000 for a mobile stage and that the difference of up to $6,000 be paid by the City. The Committee further recommends that the matter be referred to the Ways and Means Committee for approval subject to review and acceptance of the "Use of City-Owned Portable Stage" Policy and rocedure. �,,,d_ 04425) it r--0, CABLE TV SERVICE EXTENSION (Referred 3/23/87) . The Community Services Committee recommends 3-H Management proceed with negotiations with Group W and Viacom to issue a revocable permit to provide cable TV to certain customers within the Group W franchise area. 17 0-4 .� f fr L L. ,,,--1 Q---(....-- 1-) \ ,, -A()/(01-LA-AA-4,—' . Nancy Math.. s, Chair ' ,------.--- ,_,,_„ 4 .,,,,,,/,,,,,------ . , , Richard Stredicke milli ' . 1% N% ! , , �. A►a , Ear Clymer Attachments . • - XI 1A. P W April 13. 1987 Renton City Council Minutes Page 125 Comprehensive Plan: Policy Development Department recommended denial of KLSW Associates Central Area, KLSW request to change Central Area Comprehensive Plan land use designation for Associates Request for 2.84 acres of property located on NW 2nd Street between Stevens Avenue NW Amendment and Maple Avenue NW (former Lakeview Towers project site on West Hill) from single family to low density multifamily development. Refer to Planning and Development Committee. MOVED B1 TRIMM, SECONDED BY CLYMER, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Added correspondence was read from Policy Development Director Larry Annexation: Spring Hill Springer recommending waiver of $500 annexation fee and SEPA review fees for the proposed Spring Hill Annexation in response to Council referral of 4/6/87. The area, consisting of 13.05 acres located between 132nd Avenue SE and 128th Avenue SE and from Sierra Heights Elementary School southerly tb approximately SE 101st Street, has suffered serious health hazards caused by septic failures and storm drainage problems. Due to similar health problems, the City Council granted a waiver of fees for the Sierra Heights Annexation, located west of the proposal. At Council's request, school officials have been contacted regarding possible inclusion of Sierra Heights hts Elementary School in the annexation scope. Although the Renton School Board wishes to remain impartial at this time, the Policy DevelopmQnt Department recommends continuation of discussions with the Board. When contacted by the City, residents on SE 102nd Street, a single block separating Sierra Heights and Spring Hill Annexations, continued to oppose an exation. OLD BUSINESS Community Services Committee Chairman Mathews presented a report Community Services recommending that the Mayor and City Clerk be authorized to sign the Committee agreement with King County to accept the estimated pass-through of Parks: 1988 H&CD Block $211,835 in 1988 King County Consortium Housing and Community Grant Program Developnnlent Block Grant Funds, available July 1, 1988. Approximately 15% of the funds will be allocated to public services activities and approximately 9% to planing and administrative activities. The Committee further recommended acceptance of the proposed 1988 program policies. The City of Renton Block Grant Committee will continue to refine the program activities, make recommendations to the City Council, and forward the final 1988 program agenda to King County for review and approval in accordance with the H&CD Block Grant policies and procedures. MOVED BY MATHEWS, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE REPORT. Chairman Mathews reported the consensus of the Committee to accept the set amount (known as a pass-through) instead of pursuing the other option, competing for funds. CARRIED. Utility: Cable Communty Services Committee Chairman Mathews presented an oral report indicatin that a letter has been sent to City Attorney Warren requesting his assistanc on the matter of cable television service extension to Jones Road NE. Transportation Transpo Cation Committee Chairman Reed presented a report concurring in Committee the recommendation of the Public Works Department to approve the CAG: 87-015, SR-405 agreement with Washington State Department of Transportation for SR-405 Bicycle Trail, Sunset Bicycle Trail, entitled, "Sunset Boulevard to Factoria, HOV Lanes." . The Boulevard to Factoria, Committee further recommended that the Mayor and City Clerk be HOV Lanes authorized to sign the agreement. MOVED BY REED, SECONDED BY KEOLICKER, COUNCIL CONCUR IN THE RECOMMENDATION OF THE COMM TTEE. CARRIED. King County: Transpo tation Committee Chairman Reed presented a report concurring in Duvall/Edmonds Joint the rec mmendation of the Public Works Department to authorize the Mayor Project and City Clerk to execute the interlocal agreements with King County for the joint oVerlays on Duvall Avenue NE from Sunset Boulevard NE to the City limits, and Edmonds Avenue SE from Lake Youngs Way to the City limits. MOVED BY REED, SECONDED BY KEOLKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CAG: 87-008, Grade Transportation Committee Chairman Reed presented a report concurring in Revision for NE 7th. .the recommendation of the Public Works Department to award the contract Street for the NE 7th Street grade revision east of Monroe Avenue NE to Gary Merlino Construction Company in the amount of $16,789.00. March 23. 1987 Renton City Council Minutes Page 104 Peggy DuBois, 290 Mountain View Avenue N., Renton, submitted petitions containing 650 signatures on behalf of the Kennydale Community Club requesting c6rrective measures to improve traffic conditions along Lake Washington I3oulevard and add necessary pedestrian improvements and traffic controls to ensure public safety. 1 Eric Anders, 921 North 33rd Place, Renton, representing the 350 students at Kennydale Elementary School, pointed out that the poster being held by members of�Boy Scout Troop 454 from Kennydale was made by the scouts and signed y all students at Kennydale School. The poem on the poster expressed concerns of students who wish to cross Lake Washington Boulevard safely. MOVED BY REED, SECONDED BY KEOLKER, COUNCIL CONCUR IN THE COMIYiITTEE REPORT. CARRIED. Councilman Stredicke referenced Council minutes of 3/16/87 in which Mayor Shinpoch reported a cost estimate of $40,000 from Public Works Department to construct a temporary bicycle/pedestrian pathway from Ripley Lane to the entrance of Coulon Beach Parka Councilman Reed expressed his opinion that the estimate was very low. Mayor Shinpoch indicated the City's intent to install a permanent pathway along Lake Washington Boulevard in the next year and one-half as proposed in the Trail Master Plan. RECESS MOVED BY STREDICKE, SECONDED BY REED, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 8:51 p.m. Council reconvened at 9:01 p.m.; roll was called; all members present. AUDIENCE COMMENT Norm Peterison, 3402 Park Avenue North, Renton, questioned why the zoning (continued) for the Renton-Tukwila boundary adjustment properties was changed; and Citizen Comment: requested that during public hearings, staff and Council refer to zoning Peterson - Renton- classifications (i.e. Manufacturing Park) by name as well as letter designations Tukwila Zoning (i.e. M-P). Mayor Shinpoch clarified that to bring annexed properties into conformane with Renton's Zoning Code and allow continuation of legal, non-conforing use on the northerly parcel, zoning changes were required. She also agfeed to relay Mr. Peterson's suggestion to staff. CONSENT AGENDA Items on the Consent Agenda are adopted by one motion which follows the listing. Building & Zoning: Building & Zoning Department requested amendment of City Code to Federal Emergency incorporate provisions regarding flood hazards as mandated by Federal ," Management Agency Emergency Management Agency (FEMA). Refer to Planning and (FEMA) Development Committee. CAG: 015-87, SR-405 City Clerk submitted agreement with Washington State Department of Bicycle Trail, Sunset Transporta ion for construction of the SR-405 bicycle trail, Sunset Boulevard Boulevard to Factoria, to Factoria HOV Lanes. Refer to Transportation Committee. HOV Lanes Claim: Rhodes, CL-14-87 Claim for amages filed in the amount of $49.08 by Alvin Rhodes, 3624 SE 5th Street,(Renton, for damages allegedly caused by golf ball from Maplewood Golf Course (2/28/87). Refer to City Attorney and insurance service. Appeal: Lomas Rezone Appeal of Hearing Examiner's recommendation to deny rezone from P-1 (One Valley Place), R- (Public Zone) to 0-P (Office Park Zone) filed by Douglas J. Smart, attorney 088-86 representing Seafirst Mortgage, for Richard Lomas rezone (One Valley Place), 9.17 acres located between the 4300-4500 block of Davis Avenue South. Refer to Planning and Development Committee. Appeal: Plaid Pantry Appeal of Hearing Examiner's decision to deny Plaid Pantry Markets, Inc. Markets, Inc. Conditional conditional use permit request filed by Robert L. Anderson, attorney Use Permit, CU-117-86 representing applicant, for construction of gas pump island canopy and underground fuel storage tanks located on the northwest corner of Union Avenue NE and NE 4th Street. Refer to Planning and Development Committee. Utility: Group W Cable , Mayor Shinpoch requested review of cable television service extension in vicinity ofl 3336 Edmonds Avenue NE. Refer to Community Services Committee. MOVED BY TRIMM, SECONDED BY MATHEWS, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED. For.use •By/yCity Clerk's Office Only 7 / A. I . # ,�► AGENDA ITEM RENTON CITY COUNCIL MEETING SUBMITTING Dept./Div./Bd./Comm. Executive For Agenda Of March 23, 19 7 Meeting Date)taff ContactMike arness (Name) Agenda Status: • SUBJECT: Cable TV Service Extension • Consent X Public Hearing Correspondence Ordinance/Resolution Old Business Exhibits: (Legal Descr. , Maps, Etc.)Attach New Business • Letter from Lon Hurd, Vice President/ Study Session A. Director of 3-H Cable Communications with attachment Other B. C. Approval : Legal Dept. Yes No N/A COUNCIL ACTION RECOMMENDED: Finance Dept. Yes No. N/A Other Clearance Refer to Cnmmunity Services Committee FISCAL IMPACT: Expenditure Required $ -0- Amount $ Appropriation- Budgeted Budgeted Transfer Required SUMMARY (Background information, priir action and effect of implementation) (Attach additional pages if necessary. ) Group W Cable advises they have no interest in providing cable service to 3336 Edmonds Avenue N.E. as the area is rural and probably will not be developed for quite a number of years. Group W recommends that service to this address be provided by Viacom Cable Vision as that firm has cable service available on a pole just across the street from the pole serving subject address. cc: Lon Hurd PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. , 1 . ., I , -"VISION OF 3H MANAGEMENT 6 CONSULTAK IC. , • ; . . .1 .:.',. . Cable Communications Consultants I j , . .. 4517 CALIFORNIA AVENUE SOUTHWEST, SUITE B 0 SEATTLE, WASHINGTON 98116 0 (206) 9359040 ' , . . . • ..,1 CITY OF RENTON --- R MAYORS OFFICE : . a E E1- OWN March 6, 1987 , . 1 • , ..1 • • 1, Mike Parness . , , . Administrative Assistant RENTON CITY HALL . MAR 9 1987 200 Mill Avenue South . , , , . • Renton, WA 98055 . . Dear Mr. Parness: Enclosed is a copy of a letter from Mr. Curtis Speck, General Manager of Group W, regarding serNhce extension to 3336 Edmonds N.B. in Renton. • . : At this time, they have n interest in providing cable service to this It' residence. They recommend that Viacom be allowed to extend their cablee across the street to serve this address. It is my recommendation t at the matter be brought before the Community . Services Committee for thieir consideration. I would appreciate it , if • you would review the matter and let me know what you think. , Sincerely 310 CAr, '0 I ICATIONS CONSULTANTS . , tifriki , , 1 'I Vice President/Director LAH:smw ., . Enclosure . ' . . , , . . . - . . , . ,... . . I ,. , . • 1 1, • . . . . ' 1 • ,,1 1 . 1, i .:' * ' . r GROUP W , . . • . • CABLE . ." Group W Cable,Inc.,A Subsidiary 4 .. February 26 , 1987 WE152SN6RQADCAST G DCABLE, ICPACIFHY.SSEATTLE 98188 (20aa93143 •Mr. Lon Hurd . . . Vice President/Direc or 3-H Cable Communications Consultants . 4517 California NW • Suite B . Seattle , WA 98116 . RE: Service Extension to 3336 Edmonds NE, Renton Dear Lon: . To follow up our telephone conversation this morning, please • consider this letter as a request to be relieved of a necessity of extending our cable service to the above named address . I have reviewed our system maps and driven throughout this area in the City of Renton. It appears to me this area will not be developed fo quite a number of years . The areas east of 405 Freeway and North of May Creek are very rural in the housing is quite sparse. There is only five 'houses along a full mile of Jones Avenue. Because of the remoteness of this area and the lack of expected future growth, I would recommend that service to this address be provided by Viacom . Cable Vision. They have cable service on a pole right across . 1 the street from the pole serving this address . When I was j at the site, I saw, what appeared to be. a cable already buried to this resident, sp the cost of this extension would be quite minimal for Viacom. At such time in the future, when development occurs in the City of Renton, of course, extend our service across the 405Treeway and feed this area . . Yours truy ,� \.; C'urtis: M. Speck General Manager CMS : tb F• cc : Gary Hokenson Mike Parness . 1; Ken Humbert Larry Williams i` i • i; r rte, June 23. 1986 Renton City Council Minutes. Page 4 H.A.S. Properties Short Plat Appeal, Sh, Pl. 029-86 Appeal of Hearing Examiner's decision on H.A.S. Properties Short Plat, File No. Sh. Pl. 029-86, filed by the applicant; property consists of 1.68 acres located at 134'Rainier Avenue South. Refer to Planning and Development Committee. Comprehensive Water System Plan Amendment Public Works/Utility Engineering Department submitted revisions to Comprehensive Water System Plan Amendment for reconstruction of Wells #1, #2, and #3, and implementation of fluoridation of City's water supply. Refer to Utilities Committee. (See later action.) Sunset Boulevard NE Improvement Project, Phase II Public Works Department requested review of Phase II of the Sunset Boulevard NE improvement project from 1-405 on-ramp to Aberdeen Avenue NE, sidewalk and added uphill lane; project funded by Forward Thrust bond issue fund . Refer to Transportation Committee. (See later action.) Final Approval of Signal Improvement Projects. Traffic Signal Controller Acquis �on, CAG-064-86 Public Works/Traffic Engineering Departments submitted CAG-064-86, Signal Improvement Projects, Traffic Signal.ControllerAcquisition; and requested approval of the project, authorization for final pay estimate in the amount of $99,365.215, commencement of 30-day lien period, and release of retained amount of $5,229.75 to contractor, Wink-O-Matic Signal Company, if all required releases have been received. Council concur. MOVED BY MATHEWS, SECONDED BY STREDICKE, COUNCIL ADOPT THE CONSENT AGENDA AS AMENDED. CARRIED. Item 7.b. - Annual Adoption of Zoning Map Building and Zoning Department submitted City of Renton Zoning Map for annual adoption by City Council. MOVED BY MATHEWS,) SECONDED BY STREDICKE, COUNCIL SET A PUBLIC HEARING TO CONSIDER THIS MATTER ON 7/21/86. CARRIED. CORRESPONDENCE • Renton River Days Permit Waiver Letter from Mayor Shinpoch requested waiver of all permit fees for officially sponsored Renton River Days events such as: parade permits, fire inspection permits, mechanical permits, etc. since all events are City-sponsored, City-suppported, and proceeds will benefit local charitable organizations. MOVED BY CLYMER, SECONDED BY R ED, COUNCIL CONCUR IN THE REQUEST OF THE MAYOR. CARRIED. • Request to Withdraw Bryant Moto ,s Alley Vacation • • Letter from Bill Bryant, Bryant Motors, Inc., 1300 Bronson Way North, Renton, requested withdrawal of application for alley vacation between Garden Avenue N. and Meadow Avenue N.; ands-requested refund of $250 application fee. MOVED BY STREDICKE, SECONDED BY REED, COUNCIL APPROVE THE REQUEST TO WITHDRAW THE APPLICATION. CARRIED. MOVED BY STREDICKE, SECONDED BY CIJYMER, THE REFUND REQUEST BE REFERRED TO THE ADMINISTRATION FOR RECON4MENDATION. Council President Mathews requested that a report be provided to Council reflecting approximate costs expended by the City to process the application. Assistant City Attorney Fontas adhised that since notice.of the hearing has been published and posted, an announcement of the withdrawal should be made at the regular Council meeting of July 7, the date - of the public hearing. MOTION CARRIED. Black Diamond Jail Contract Police Department requested approval of jail contract with City of Black Diamond; standard contract as executed for other agencies for booking their prisoners. Council concurrence requested. MOVED BY MATHEWS, SECONDED BY REED, COUNCIL CONCUR IN THE RECOMMENDATION OF THE POLICE DEPARTMENT. CARRIED. Victoria Hills FPUD-042-85 - Letter from Jeff Lukins, 1113 S. 23rd Street, Renton, submitted for the record, urged the Council to deny the Victoria Hills Final Planned Unit Development and asked that the complex be redesigned to 1986 standards. Parker PUD Letter from Rosemary Quesenberry to the Hearing Examiner was entered into the record, requesting analysis of traffic impact at the intersection of Grant Avenue S. and Puget Drive before making a determination on the Parker PUD.I rou W Cable Letter was read from Michael S. Sims, Senior Vice President of Group W Cable, indicating that letters explaining computer related billing problems will be sent to inquiring customers; the character "1- r June 23. 1986 Renton City Council Minutes Page 5 generator will be delivered to the City's cable consultant, Lon Hurd, before the end of June, 1986; and cable service to the City's Garden Court area should be completed within eight weeks, weather dependent. WSDOT I-405 "S" Curve Meeting Council members noted receipt of meeting notice from Washington State Department of Transportation regarding I-405 "S" Curve Project. The meeting will be held on Thursday, July 24, 1986, at 7:30 p.m. at the Senior Center in Renton. An open house preceding the meeting will begin at 5:30 p.m. OLD BUSINESS - TRANSPORTATION COMMITTEE Bid Award - Glencoe Phase II Storm Drain Replacement and 1986 Street Overlay Transportation Committee Chairman l'rimm presented a report concurring in the recommendation of the Public Works Department to accept the low bid of M. A. Segale, Inc. in the amount of $241,354.00 for the Glencoe Phase II Storm DrainReplacement and 1986 Street Overlay. The Committee also recommended that the Mayor and City Clerk be authorized to execute the contract documents. MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATION OF THE TRANSPORTATION COMMITTEE. CARRIED. Sunset Boulevard NE Improvement Project. Phase II Transportation Committee Chairman iTrimm presented a report concurring in the recommendation of the Public Works Department to accept the plans•for improvement of Sunset Boulevard NE from the I-405 on-ramp to Aberdeen Avenue NE, including sidewalk and added uphill traffic lane; Phase II of • the project funded by Forward Thrust bond issue funds. The Committee further authorized the City to proceed with the bid process for the project. MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATION OF THE TRANSPORTATION COMMITTEE. CARRIED. UTILITIES COMMITTEE 1983 Comprehensive Water System Plan Amendment #1 Utilities Committee Chairman Clymer presented a report concurring in the recommendation of the Public Works Department to approve the Comprehensive Water System Plan Amendment #1 which addresses reconstruction of Wells #1L #2 and #3, and implements the program to fluoridate the City's water supply. The Plan, adopted in 1983, reflects capital improvements proposed through 1990. Approval of the amendment is requested to enable application for Referendum 38 Grant Funds for the fluoridation project. MOVED BY CLYMER, SECONDED BY REED, COUNCIL CONCUR IN THE RECOMMENDATION OF THE UTILITIES COMMITTEE. Council President Mathews noted that costs reflected in the original plan if $22 million have increased to $33 million to accommodate fluoridation program. MOTION CARRIED. Holvick deRegt Koering Water Latecomer Agreement W-833 Utilities Committee Chairman Clymer presented.a report concurring in the recommendation of the Public Works Department to approve the request for latecomer agreement submitted by Holvick deRegt Koering for a watermain and fire loop for Lot 7 of the Washington Technical Center at SW 7th Street and Powell Avenue SW. The Committee further recommended that the Mayor and City Clerk be authorized to execute the agreement. MOVED BY CLYMER, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE RECOMMENDATION OF THE UTILITIES COMMITTEE. CARRIED. Garbage Toters Utilities Committee Chairman Clymer presented a status report on the garbage toters which were evaluated over a 30-day period by residents of the Talbot Crest area. Of the total 24 residents who responded (26 questionnaires were sent), 4 opposed use of the toters, 17 were in favor, and 3 were uncommitted. City Hall Exterior Referencing Consent Agenda item on 6/2/86 for fund transfer to repair exterior wall of City Hall, Councilman Stredicke relayed comments from several citizens regarding shabby appearance of front of building due to cracks and missing tiles. Mayor Shinpoch agreed to investigate the matter. Annexation Procedures ii, Councilman Stredicke requested the Administration to provide updated material on annexation procedures to Council members. ORDINANCES AND RESOLUTIONS Ways and Means Committee Chairman Hughes presented a report recommending the following ordinances for second and final reading: • G LIP • CABLE • • Group W Cable,Inc.,A Subsidiary of • Northwest Region WESTINGHOUSE BROADCASTING AND CABLE,INC. 1601 114th AVE.S.E.BELLEVUE WA 98004(206)455-5460 • • • • RECEIVED June 13, 1986 JUN 1 71986 Co OF REN1ON - CITY COUNCIL The Honorable Richard Stredi ,ke Chairman Community Services Committee City of Renton 200 Mill Avenue • Renton, Washington 98055 Dear Mr. Stredicke: Community Affairs Manager, William Covington, informed me ofwhat took place . at the. most recent Community Services Committee meeting. First, let. me express my appreciation for the commitee's understanding of our computer related billing difficulty. Per request, a standard letter of explanation has been generated and will be directed to inquiring customers. Two other issues of importance were also raised at that meeting. First, the character generator which Group W .agreed to purchase and deliver, shall be in Mr. Hurd's hands before the end of June, 1986 (our target date is June 22) . I have asked Mr. Covington to personally handle this particular matter. Second, the area known as Garden Court should be completed within six to eight weeks (depending on weather, etc.) . Bids have gone out and work should begin shortly. Should it be desred, Seattle staff can keep you apprised of weekly progess. Hopefully, these responses discharge your concerns. Group W .appreciates the - ongoing opportunity to do business in the City of 'Renton. Feel free to contact Mr. Covi ton or myself directly should there be questions of any kind. i Sincer y, • 1(o/ • • • • Michael S. Sims Senior Vice President • cc: Lon Hurd John Stevens • William Covington • - Brad Willey • • Steve Lee pF R4,A As, 46 .:T THE CITY OF RENTON CJ 44$ :.1134 '" " ° Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 it., sal o BARBARA Y. SHINPOCH, MAYOR • MAXINE E.MOTOR, 9A0 Q,`O CITY CLERK • (206) 235-2501 91 E• SEPt°M' June 23, 1986 Mr. Lon Hurd 3-H Management & Consult=nts 4517 California S.W. Seattle, Washington 98116 Re: City of Renton - Resolution No. 2647 - Approve Stock Sale of Group W Cable, Transfer Franchise, Change Control to TCI Cable- vision of Washington, Inc. Dear Mr. Hurd: Enclosed is a copy of Resolution No. 2647 which was passed by the Renton City Council on June 16, 1986. If we can be of further assistance in this matter, please feel free to call. Sincerely, CITY OF RENTON Maxine E. Motor City Clerk Enclosure MEM/gn • OF R�� Q.. ".- THE CITY OF RENTON `o •; MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 rn BARBARA Y. SHINPOCH, MAYOR • MAXINE E.MOTOR, 9O CITY CLERK • (206) 235-2501 �P 9��F0 SEP1�M� - • June 17, 1986 Mr. William Covington Community Affairs Manager • • Group W Cable, Inc. 15241 Pacific Hwy. South Seattle, Washington 98188 Re: Resolution No. 2647 Approving Sale of Stock, Group W Dear Mr. Covington: The Renton City Council at its regular meeting of June 16, 1986, adopted Resolution No. 264[7 approving the sale of the stock of Group W Cable, Inc. to five buyers, transfer of the franchise and the change of control to TCI Cablevision of Washington, Inc. Two certified copies of the resolution are enclosed for your information. If we can be of further assistance please do not hesitate to contact this office. Yours truly, CITY OF RENTON Maxine E. Motor, CMC City Clerk Enclosures: (2) �; . I 0,�o4cP w 7-C June 16. 1986 Renton City Council Minutes Page 3 For the record, Councilman Stredicke`commended Policy Development Department staff and the Planning Commission for a great job lin addressing concerns Council has had on this matter. I RECESS MOVED BY REED, SECONDED BY KEOLKER, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:30 p.m. Council reconvened at 9:38 p.m.; roll was called; all members were present. AUDIENCE COMMENT Bill Covington, Group W Cable, 152 1 Pacific Highway South, Seattle, requested advancement to Old Business, Community Services Committee report. MOVED BY HUGHES, SECONDED BY REED, COUNCIL SUSPEND THE REGULAR ORDER OF BUSINESS AND ADVANCE TO COMMUNITY SERVICES COMMITTEE REPORT. CARRIED. COMMUNITY SERVICES COMMITTEE Transfer of Control from Group W Cable to Tele-Communications. Inc. (TCI) Community Services Committee Chairman Stredicke presented a report indicating that Council had given previous approval to transfer the franchise from Group W Cable to Tele-Communications, Inc. However, recent letter from TCI requests that additional legislation be adopted to address new tax laws. The Committee concurs with the request and recommends referral of the matter to Ways and Means Committee. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. WAYS AND MEANS COMMITTEE Ways and Means Committee Chairman Hughes presented a report recommending the following resolution for reading and adoption: Resolution #2647 - Group W Franchise Transfer _ A resolution was read 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. MOVED BY HUGHES, SECONDED BY KEOLKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. SPECIAL PRESENTATION Green River Valley Transportation Action Plan Report Rob Bernstein, Project Manager,'Puget Sound Council of Governments, reviewed status of the plan which is being developed by PSCOr in cooperation with cities of Renton, Kent, Tukwila, Auburn, King County and Washington State Department of Transportation. Two steps are planned: 1) valley- wide traffic analysis (completion anticipated by September); and 2) development of unified multi- jurisdictional implementation/financing plan (available in November). The main purpose of the traffic analysis is to ensure that various projects in the Green River Valley are coordinated, and the financing plan will, identify potential funding sources and establish priorities. Council members requested copies of the map displayed by Mr. Bernstein, when available for distribution. CONSENT AGENDA Items on the Consent Agenda are adopted by one motion which follows the listing: Ferguson Claim for Damages - CL-29-86 Claim for damages in the amount of $35,000 filed by Esther I. Ferguson, 2107 NE 9th Street, Renton, for neck injuries sustained by falling blackboard at Highlands Library, claiming improper installation by the City. (1/21/86) Refer to City Attorney and insurance service. Holvick deRegt Koering Latecomer Agreement Request City Clerk submitted request for latecomers agreement from Holvick deRegt Koering for watermain/fire loop at 1100 SW 7th Street. Refer to Utilities Committee. Bid Opening - S. 5th Street Paving & Storm Drainage/Renton Hill Alley Sewer Replacement City Clerk reported bid opening 6/4/86 for S. 5th Street Paving and Storm Drainage/Renton Hill Alley Sewer Replacement; 8 bids; Engineer's estimate: $74,574.97. Refer to Utilities Committee. MOVED BY KEOLKER, SECONDED BY STREDICKE, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE j Earlington Addition Street Vacation Appraisal VAC 001-86 Letter from City Clerk reported receipt of appraisal from Ticor Title Insurance Company for vacation of one-half alley, Block 13, Earlington Addition, and 30 feet of Earlington Avenue SW. Public Works Director recommended acceptance of appraised amount of $2.50 per square foot or $1,008.75 for half of the square footage (807 square feet). MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL c) CONCUR IN THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR. CARRIED. i 1 June 16. 1986 Renton City Council Minutes Page 5 Garbage Toters Utilities Committee Chairman Clymer!reported that the 30-day trial period for use of garbage toters by 26 residents of the.Talbot Crest plat area ended on June 12. Responses to questionnaires have been received to date from 18 or 69% of participants in the program. Of those, 61% were in favor of the toters, 22% were opposed, and 17% were uncommitted. Additional information will be provided to Council when all questionnaires are received and percentages calculated. Councilman Stredicke opposed inclusion of questions regarding cost in the questionnaire due to typical negative response. COMMUNITY SERVICES COMMITTEE Implementation of Grouo W Rate Increase Community Services Committee Chairman Stredicke presented a report indicating that the Committee has met with representatives of GrouW to discuss complaints received from cable customers regarding implementation of the Council approved cable rate increase. The Committee is satisfied that Group W has implemented the increase equitably and that customers have not been improperly billed. Group W will explain their billing process to those who have complained to the City. Information only. Public Relations Brochure Community Services Committee Chairman Stredicke presented a report indicating that a draft of the public relations brochure has been presented to the Committee by the Administration. The Committee is satisfied that the selection of the artist and the contents of the brochure, previously funded by Council, are progressing satisfactorily. A contract with the artist should be executed next week, and completion of the project expectedthe first'of August. MOVED BY STREDICKE, SECONDED BY CLYMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Referencing action taken by Council last week to deny the Springbrook Trout Farm sign request, Councilman Stredicke requested the Administration to research sign requirements on and off the freeway. ORDINANCES AND RESOLUTIONS WAYS AND MEANS COMMITTEEI Ways and Means Committee Chairman Hughes presented a.report recommending the following ordinances for first reading: Mothers Park Rezone. File No. R-035-86 An ordinance was read changing the zoning classification of property located at the northwest corner of Park Avenue North and-North 6th Street from Heavy Industrial District, H-1, to Business District, B-1; Mother's Park; File No. R-035-86. MOVED BY HUGHES, SECONDED'BY CLYMER, COUNCIL REFER THIS ORDINANCE BAC TO COMMITTEE FOR ONE WEEK. CARRIED. Redmond/Harper Rezone. File No. R-007-86 An ordinance was read changing the zoning classification of property located at 109 South Tillicum Street from Business District, B-1, o Light Industrial District, L-1; Redmond and Harper, File No. R-007-86. MOVED BY HUGHES,, SECONDED BY TRIMM, COUNCIL REFER THIS ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Emergency Services Ordinance An ordinance was read establishing an emergency services organization in accordance with the State Emergency Services Plan and Progr m (WAC Chapter 118-06). MOVED BY HUGHES, SECONDED BY KEOLKER, COUNCIL REFER THIS ORDINANCE BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Ways and Means Committee Chairman Hughes presented a report recommending the following resolution for reading and adoption: Resolution #2648 -Automatic Aid Contract with King County Fire District No.. 40 A resolution was read authorizing execution of an automatic aid contract with King County Fire District No. 40 redefining boundaries. MOVED BY HUGHES, SECONDED BY CLYMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. NEW BUSINESS Council Retreat Council President Mathews announced that the Council retreat this year will be held on June 30, 1986. ADJOURNMENT MOVED BY TRIMM, SECONDED BY KEOLKER, COUNCIL ADJOURN. CARRIED. Time: 10:45 p.m. MAXINE E. MOTOR, CMC, City Clerk Recorder: Marilyn Petersen fr- COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT JUNE 16, 1986 IMPLEMENTATION OF GROUP W RATE INCREASE (Referred June 21 , 1986) The Committee met with representatives of Group W to discuss complaints received from cable customerslregarding implementation of the Council approved cable rate increase. The Committee is satisfied that Group W has implemented the increase equitably and that customers have not been improperly billed. Group W will explain their billing process to those who have complained to the City. TRANSFER OF CONTROL FROM GROUP W CABLE TO TELE-COMMUNICATIONS INC. (TCI) (Referred June 9, 1986) Through previous Council action, approval was provided to transfer the franchise from Group W Cable to Tele-Communications Inc. (TCI). Subsequent correspondence indicates that the resolution approved by the City was insufficient and a request to; adopt additional legislation was received. The Committee concurs with the need for additional legislation and recommends the matter be referred to the Ways and Means Committee following review by the City Attorney's office. PUBLIC RELATIONS BROCHURE The Commitee met with a representative from the Administration who presented a draft of the public relations brochure previously funded by formal Council action. The Committee is satisfied that the selection of the artist and the contents of the brochure arelprogressing satisfactorily. A contract with the artist should be executed next week with a project completion date projected the first week in August. Richard Stredicke, Chairman 24er 7: 'lav Rob u es .ti June 9, 1986 Renton City Council Minutes Page 3 Cedar River Hangar Sublease, LAG 001-83 - Public Works Department/Airport submitted Cedar River Hangar Sublease of Apron "C" for negotiation with The Boeing Company for extension of three-year term. Refer to Transportation (Aviation) Committee. Dennis Release of Easement, RE-004-86 - Public Works Department requested release of easement and rededication. of easement for Lot #12, Block 4, Maplewood Division #2, owned by John Dennis; and requested waiver of $200 fee since replacement easement is being given to the City and old platting errors are being corrected. Refer to Utilities Committee. (See later action.) Six-Year Transportation Improvement Program Update (1987-1992) - Public Works Department/Traffic Engineering Department presented SixlL-Year Transportation Improvement Program Update and recommended public hearing be set for 7/7/86. Refer to Transportation Committee . MOVED BY MATHEWS, SECONDED BY KEOLKER, COUNCIL ADOPT THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE: Ridgeway Annexation - Letter was read from Policy Development Director Larry Springer requesting that the Council set a public meeting for 6/23/86, to consider the Ridgeway 10% Annexation Petition, for 7.79 acres of property located on the south side of 136th Avenue SE approximately 120 feet north of NE 24th Street. MOVED BY MATHEWS, SECONDED BY TRIMM, COUNCIL SET A PUBLIC MEETING FOR 6/23/86, TO CONSIDER THE RIDGEWAY 10% ANNEXATION PETITION. CARRIED. Group W Cable - Added correspondeice was read from William Covington, Community Affairs Manager for Group W Cable, requesting passage of an ordinance by the City to address potential tax problems associated with franchise transfer to Tele-Communications Incorporated (TCI). MOVED BY STREDICKE, SECONDED BY KEOLKER, COUNCIL REFER THIS CORRESPONDENCE TO COMMUNITY SERVICES COMMITTEE. CARRIED. King County Rape Relief -. Added correspondence from Mary Ellen Stone, Director of King County. Rape Relief (KCRR) requested emergency budget increase for the remainder of 1986 in the amount of $3,000 to off-set declining booklet sales revenue predicted at $124,000 for 1986, but now projected at $56,000. KCRR plans to increase red enue by increasing,marketing of booklet sales; increasing fund raising efforts; and requesting additional government support.- Emergency budget increases are also being requested of Bellevue, Kent, Auburn, Kirkland, and King County. MOVED BY MATHEWS, SECONDED BY KEOLKER, COUNCIL REFER THIS CORRESPONDENCE TO COMMUNITY SERVICES COMMITTEE FOR RECOMMENDATION. CARRIED. OLD BUSINESS: Puget Sound Council of Governments Presentation - Council President Mathews announced that PSCOG will make a presentation. to Council members at the regular meeting of June 16, 1986, regarding the Green River Valley Transportation Plan Update. Suburban Cities Appointments - Coincil President Mathews reported that she and Councilwoman Keolker were recently appointed to the Suburban Cities Health Services Committee and the Solid Waste Committee, respectively. TRANSPORTATION COMMITTEE Springbrook Trout Farm Request Regarding Directional Signing Transportation Committee Chairman Trimm presented a report concurring in the Public Works Department recommendation to deny the request from Springbrook Trout Farm for the City to install informational and directional signing to the farm. MOVED BY TRIMM, SECONDED BY HUGHES, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. UTILITIES COMMITTEE - John Dennis Request for Release of Easement and Easement Exchange (RE-004-86) Utilities Committee Chairman Clymer'presented a report concurring in the recommendation of the Public Works Department to approve the request for easement exchange. MOVED BY CLYMER, SECONDED BY REED, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Relocation of City Sewer Main, Release of Easements, and Dedication of New Easement (Chaffee Corp: Lucker (RE-002-86): Moore (RE-003-86) Utilities Committee Chairman•Clymer presented a report concurring in the recommendation of the Public Works Department to approve the request by Chaffee Corporation to relocate the sewer main and provide a new easement to thej City for said sewer main. The Committee further recommends that the Mayor and City Clerk 'be authorized 'to sign the necessary documents. MOVED BY CLYMER, SECONDED BY REED, COUNCIL CONCUR IN THE COMMITTEE REPORT: CARRIED. Councilman Stredicke was wished a happy birthday. • 1 GIN CABLE Group W Cable,Inc.,A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE,INC. 15241 PACIFIC HWY.S.SEATTLE WA 96188(206)433-3433 June 4, 1986 i ` cm or ; : ,-.•\ Lill 07-f The Honorable Barbara Shinlp och, Mayor City of Renton JUN 6 198;' City Hall 200 Mill Ave S Renton, WA 98055 RE: Transfer of Control from Group W Cable to Tele-Communications Inc. (TCI) Dear Mayor Shinpoch: Recently, your city passed legislation allowing Group W Cable to sell its stock and transfer ownership control to Tele-Communications Incorporated (TCI) . The. transaction which should be finalized before month's end involves five companies, a purchase price in excesslof two billion dollars and a number of complex tax implications. The latter could involve a potential liability of two hundred million dollars. In reviewing recently passed legislation, Group W and TCI's tax lawyers raised some concerns. Whilethe city's actions serve to effectuate the transfer, . corporate counsel have requested that Group W seek a new ordinance or resolution. They have asked and we would request passage of the attached ordinance which addresses the potential tax problems. Would it be possible to submit this or similar legislation for council action? 1 I would like to take this opportunity to clarify the concerns surrounding the transfer. Two problems have arisen!: anticipated changes in the United. States Tax Code and dividing up Group W's one hundred and forty cable systems between five buyers. The suggested ordinance handles these matters through a three step transfer process. First, all one hundred folly of Group W's cable systems are being transferred into individual subsidiaries. The stock of these subsidiaries is being sold to the five buyers. The buyers will I then hold on to the stock for a fixed period of time for tax purposes and then the 140 systems shall be dived with TCI receiving all of Group W's State of Washington properties. 1 TCI will own and after mid-June shall have the responsibility for making certain all franchise commitments an'd associated obligations are met. These assurances were given earlier when initial{ legislation was passed and are still operational. The only real change shall be the more detailed description of the transaction. We would hope that you consider this matter simply a request to satisfy concerns of corporate counsel. I Transfer of Control Page -2- Should there be questions, please feel free to contact me; I have asked the corporate lawyers to be available by telephone to answer your questions and/or those of the City Attorney. Group W and TCI look forward to working with you in the future. Please feel free to contact me at 433-6380. Both Group W and TCI appreciate your assistance and understanding. Sincer= , ,` ry William Covington' Community Affairs Manager WAC :tb cc: Mike Parness, Administrative Assistant . i ORDINANCE NO. AN ORDINANCE expressing the City Council's approval of 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 chaInge of control of said wholly-owned affiliate to TCI Cablevision of Washington, Inc. I • WHEREAS Group W. Cable, inc., is presently the holder of a cable television franchise from the City of Renton , Washington; and WHEREAS, Groupl W Cable, Inc., a New York corporation ("Group W Cable") , operates and maintains a cable television system in the City of Renton ("Grantor") pursuant to that certain franchise, license, permit or other authorization (as amended Ito the date hereof, the "Franchise") granted by Grantor and evidenced by1Ordinances No. and Title of the Renton City Code (such cable television system and the Franchise being hereinafter individually and collectively sometimes referred to as the "System") : and WHEREAS, Group W Cable's parent corporation, Westinghouse Broadcasting and Cable, Inc., an Indialna 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 cor- poration; TCI Holdings, Inc., a Colorado corporation: American Television and Communications Corporation ("TCI"), a Delaware corporation; and affiliates of, or subsidiaries or partnerships owned or controlled by, Houston Industries Incorporated, a Texas corporation, Comcast Corporation, a Pennsylvania cor- poration, Daniels & Associates, Inc.., a Delaware corporation,. and ATC, as are t • y I • • specifically identified in Exhibit B hereto (the foregoing entities being herein referred to individually as,a "Buyer" and collectively and the "Buyers"), and thereby transfer control of Group W Cable to the Buyers; and WHEREAS, upon liquidation of Group W Cable, Inc., the Buyers intend to cause the transfer of the System to a wholly-owned subsidiary of Group W Cable, Inc. ("GWiC 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 TCI Holdings, Inc. (the "Transferee"),, as soon as practicable after the closing of the fore- going stock sale (the "Closing Date") ; and WHEREAS, Grantor 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; 1 WHEREAS, pursuant to the provisions of Renton Codified City Ordinance a public hearing on said transfer request was held before the City Council on 1 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 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT : rt BE IT ORDAINED BY THE CITY OF RENTON That, in consideration of the premises, 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, (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, provided that the consent set forth in clauses (i), (ii) and (iii) above shall be subject to the condition that Igo the GWC Affiliate shall (prmptly after the date of such assignment and/or transfer) execute and deliver to Grantor its acceptance of, and its agreement and undertaking to perform all of the duties and obligations under,. such Franchise. CITY OF MAYOR ATTEST: City Clerk r` OF THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 0 �.. o BARBARA Y. SHINPOCH, MAYOR • MAXINE E.MOTOR, 0.9A CITY CLERK • (206) 235-2501 94,�Q SEPSe-e�Q ! June 3, 1986 Mr. Gary A. Hokenson Washington State General Manager TCI Cablevision of Washington, Inc. 1215 - 114th Avenue S.E. Bellevue, Washington 980,04 Re: City of Renton - Resolution No. 2641 - Transfer of Cable Television Franchise Dear Mr. Hokenson: Per your request we are sending an additional copy, of Resolution No. 2641 adopted by Renton City Council granting approval of the transfer of franchise of Group W Cable to TCI Cablevision of Washington, Inc. • If you have further questions, please do not hesitate to contact this office. Sincerely, CITY OF RENTON IlTh2 - Maxine E. Motor, CMC City Clerk MEM/gn Enclosure lI 1 OF R4, �, o THE CITY OF RENTON `� "s MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 BARBARA Y. SHINPOCH, MAYOR • MAXINE E.MOTOR, 0'9.0 cO' CITY CLERK • (206) 235-2501 0 �P 9�TFb SEP1° June 3, 1986 Mr. John W. Stevens, Jr. General Manager Group W Cable Inc. 15241 Pacific Highway South Seattle, Washington 98188 Re: City of Renton - Resolution No. 2641 - Transfer of Cable Television Franchise Dear Mr. Stevens: Per your request we are sending an additional copy 'of Resolution No. 2641 adopted by Renton City Council granting approval of the transfer of franchise of Group W Cable to TCI Cablevision of Washington, Inc. If you have further questions, please do not hesitate to contact this office. Sincerely, ' CITY OF RENTON • Maxine E. Motor, CMC City Clerk MEM/gn Enclosure OF THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 BARBARA Y. SHINPOCH, MAYOR • MAXINE E.MOTOR. 0 09 q- CITY CLERK • (206) 235-2501 gTFQ SEP�E� June 3, 1986 Lon Hurd 3-H Cable Communications Consultants 4517 California Avenue Southwest, Suite B Seattle, Washington 981116 Re: City of Renton - Resolution No. 2641 - Transfer of Cable Television Franchise Dear Mr. Hurd: • Per your request we are sending an additional copy. of Resolution No. 2641 adopted by Renton City Council granting approval of the transfer of franchise of Group W Cable to TCI Cablevision of Washington, Inc. If you have further questions, please do not hesitate to contact this office. Sincerely, CITY OF RENTON • Maxine E. Motor, CMC City Clerk MEM/gn Enclosure 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 i t i SECTION I: The above recitalsare found to be true and correct in all respects. I SECTION II: The1transfer of the Group W .Cable Franchise I 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 . 1 1 Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 28th day of April, 1986 . = , -kobartro di+.Sluncock, Barbara Y. inpoch, Mayor Approved as to form: IX'CIAAP•v4e4A.4. Lawrence J. ren, City Attorney I . Renton City Council . 4/28/86 Page six Old Business continued Public Safety Public Safety Committee Chairman Reed presented a report Committee indicating that the Committeehad reviewed the complaint Taxicab regarding taxicab service expressed by 'Almeada Milner on Service 3/24/86. It was determined that the current ordinance does not require a franchise license and only requires a county taxicab license to operate in, the, City of Renton. . The information given to Ms. Milner by the taxicab company was in error, and the police chief will inform taxicab companies advertising in Renton of licensing requirements. The Committee further recommendedthat the ordinance be modified to remove those sections that pertain to taxi zones since zones are no longer needed and their removal will provide additional space for parking. The Committee further recommended that the ordinance be referred to Ways and Means Committee for modification. MOVED BY REED, SECONDED BY CLYMER, COUNCIL CONCUR IN THE .. COMMITTEE REPORT. CARRIED. ' ' . " - 1 ORDINANCES AND RESOLUTIONS 1 Ways and Means Ways and Means Committee Chairman Hughes presented a report Committee concurring in the recommendation of the Mayor to authorize Differential funds for pay differential allowance formagistrate duties Allowance for assigned to the Hearing Examiner, effective 5/1/86, relieving Magistrate Judge Lewis' court calendar. MOVED BY HUGHES, SECONDED, BY Duties Assigned KEOLKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. " For the ' to Hearing record Councilman •Stredicke requested cost figures. Mayor Examiner Shinpoc1h reported an annual cost of $1 ,050.00. ' MOTION CARRIED. Ways and Means Committee Chairman Hughes presented a report recommending 'the following ordinances for second & final reading; Ordinance #3987 , , An ordinance was read changing the zoning 'classification of Woodall Rezone property located at the northeast corner of Park Avenue North R-088-85 ' and North Sixth Street from H-1 , heavy industrial zone, to , ' B-1 , business zone for Woody Woodall , File No. R-088-85. MOVED BY HUGHES, SECONDED BY' KEOLKER COUNCIL ADOPT THE ' ORDINANCE' AS READ. ROLL CALL: 4 AYES: MATHEWS, CLYMER, - • - HUGHES! KEOLKER. , 2 NAYS: STREDICKE, "REED. CARRIED. ' Ordinance #3988 An ordinance and summary ordinance were read amending Chapter Parking and 22 of Title IV (Building Regulations) of City Code relating Loading Regulations ' to parking and loading. MOVED BY HUGHES, SECONDED BY KEOLKER, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. - , Ways ald Means Committee Chairman Hughes presented a report recommending the following ordinance for first reading:' Henderson Rezone An ordinance was read changing the zoning classification of R-080-85 property located on the eastside of Duvall Avenue NE at the 2200-2300 block from General Classification District (G-1) to Single Family Residential District (R-1) for Charles , , Henderson Company . (Sunset Trails) , File No. R-080-85. MOVED BY HUGHES, SECONDED BY KEOLKER, COUNCIL REFER THIS ORDINANCE i;,.;. BACK TO COMMITTEE FOR ONE WEEK. CARRIED. Ways and Means Committee Chairman Hughes presented a report recommending the following resolutions for reading & adoption: i Resolution #2641 A resolution was read granting approval of the transfer of ; Cable Franchise franchise of Group W Cable to TCI Cablevision of Washington,, Inc. Transfer MOVED ,BY HUGHES, SECONDED BY KEOLKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2642 A resolution was read authorizing the Finance Director to Debt Service borrow a 'sum, not to exceed $529,345.00 from the Current Fund Payment - 1983 and allocate such sum unto the 1983 Unlimited Tax General Unlimited Tax Obligation Fund for the debt service payment. Loan shall be GO Fund repaid upon receipt of property taxes, but no later than 12/31/8 I WAYS AND MEANS COMMITTEE REPORT :APRIL 28, 1986 i ORDINANCES AND RESOLUTIONS The Ways and Means Committel recommends the following ordinances and ' summary ordinance for second) and final reading: Woody. Woodall Rezone (R-088-85) from H-I to B-I - northeast corner of Park Avenue North and North Sixth Street Parking and Loading Ordinance and Summary Ordinance The Ways and Means Committee recommends the following ordinance for first reading: I Charles Henderson Company Rezone (R-080-85) from G-1 to "VA - east side of Duvall Avenue NE at 2200-2300 block The Ways and Means Committee recommends the following resolutions for reading and adoption: Transfer of Franchise from Group W Cable to TCI Cablevision of Washington, Inc. Authorize Finance Director to borrow sum from Current Fund and allocate same sum unto 1983 Unlimited Tax General Obligation Fund • for debt service payment 4 .4. Robe Hug fie$' ' WOrtion I . /1u 1e ;� 1 . Kathy'Ke04ker, Member S /-----J-l/ .1'.-21 1--4-/ L.7/--d-- 44—/ • Thom'ai :•Tr,,imRL .Member April 21. 1986 Renton City Council Minutes Page 2, MATHEWS, SECONDED BY TRIMM, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. PUBLIC HEARING This being the date set and proper notices having Cable Television been posted, published, and mailed in accordance Franchise with local andState laws, Mayor Shinpoch opened Transfer the public hearing to consider the transfer and control of the City's cable television franchise interest from Group W Cable, Inc. , to TCI Cablevision of Washington, Inc. (regional office aka TCI West) . Lon Hurd, 3H Cable Communications Consultants, the City's cable television advisor, explained the criteria set forth by Ordinance 3154 to be reviewed by Council in considering if this transfer represents the public's best interest: '' 1) Does the proposed operator have financial resources available to construct and operate the cable system within the city; 2) Does the proposed operator possess a solid character background which would allow operation of the cable system within the city; 3) Is the future operator willing to u'se its financial resources and abilities to operate the system to specifications set forth in Ordinance 3154; and 4) Is the future operator wilding to fulfill those commitments which Group W. is legally bound to by City ordinances. Mr. Hurd reported several meetings had been held between Group W, TCI, himself, and the Community Services Committee. Items one and two had been satisfied by a financial investigation performed by his firm, noting TCI serves over three million subscribers across the country and is the largest cable company in the world; TCI has committed, in writing, to fulfill all franchise obligations to' which Group W is legally bound; and, upon satisfaction of item three, Mr. Hurd recommended granting of the franchise transfer, Walt Grieser, 2423 Garden Court North, questioned whether cable installation on Garden Court North would be completed as currently planned after the franchise transfer. Gary Hokenson, TCI Washington State General Manager, reported construction of cable on Garden Court North will be commenced once TCI is the operator of record, July 1, 1986. Following discussion, it was decided existing problems concerning retroactive billing of past • rate increases would be addressed with Group W prior to July 1 transfer date. Sandy Webb, 430 Mill Avenue South, inquired regarding TCI cable installation placement and owner notification policy in rental units. Mr. Hokenson responded TCI makes every effort to • notify the manager of any rental unit prior to cable installation. Reference was made to correspondence from TCI to , 3H Cable Communications Consultants (Lon Hurd) confirming TCI's commitment to fulfill all transfer requirements and franchise obligations to the City, including providing character generated use on a City cable channel. At Mr. Hurd's request, this letter, dated March 18, 1986, was read into the record. The commitment by TCI to provide the City of Renton with equipment and access to a municipal channel was emphasized. MOVED BY STREDICKE, SECONDED BY MATHEWS, THIS PUBLIC HEARING BE CLOSED. CARRIED. MOVED BY Aril 21, 1986 Renton City Councz,. Minutes Page 3 STEDICKE, SECONDED BY KEOLKER, COUNCIL GO ON RECORD AS APPROVING THE FRANCHISE TRANSFER FROM IGROUP W TO TCI CABLEVISION. CARRIED. MOVED BY STREDICKE, SECONDED BY KEOLKER, SUBJECT MATTER OF ITHEIMUNICIPAL CHANNEL COORDINATION AND THE RATE INCREASE THAT LIES WITH GROUP W BE REFERRED TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. MOVED BY STREDICKE, SECONDED BY MATHEWS, THE MATTER OF THE FRANCHISE TRANSFER BETWEEN GROUP W AND TCI BE REFERRED TO THE WAYS AND MEANS COMMITTEE FOR PROPER LEGISLATION. CARRIED. PUBLIC HEARING This being the date set and proper notices having Repeal of R-4 Zone been posted, published, and mailed in accordance and Downzone of with local and State laws, Mayor Shinpoch opened R-4 Zone to R-3 the public hearing to consider city-wide elimination of R-4 zone (High Density Multifamily Residential) and associated rezone of all existing R-41 zoned property to R-3 zone (Medium Density Multifamily Residential) . Correspondence was read from Versie Vaupel, P. 0. Box 755, Renton, supporting elimination of R-4 zoning and suggesting examination of B-1 zoning. Correspondence was read from Ann J. Nichols, M. A. Segale, Inc. , 18010 Southcenter Parkway, Tukwila, in opposition to proposed downzoning due to possible negative economic impacts on property ownlers Larry Springer, Policy Development Director, reported a number of telephone calls had been received regarding this hearing, and two people had requested their opposition to the proposed downzone be recorded for the record: Garney St. Germain, Bellevue, owner of property at 973 Aberdeen, and Gloria Swartzwelder, 529 Williams Avenue North. Policy Development Director Springer and Gene Williams, Associate Planner, presented an in-depth issue paper and comprehensive slide presentation comparing R-4 and R-3 zoning; analyzing problems and potentials of existing R-4 zoning in terms of permitted uses, location, parcel size and land use, and allowable density as compared with that permitted in other jurisdictions; as well as addressing "quality" residential environments in relation to density of development. It was emphasized there is no difference between the R-3 and R-4 zone on a 5, 000 square foot lot in the sense that both permit a fourplex as maximum density. Mr. Springer noted reducing density may • not improve the quality of multifamily developments within the City, modification of existing zoning to decrease lot coverage with open space and/or underground parking requirements and thorough site plan review may supplant R-4 zoning repeal. Anita Thelander, 512 Mill Avenue South, spoke in opposition to the proposed repeal, recommending architectural and design review and standards by the City. In response to Greg Bell, 807 North 33rd Street, City Attorney Warren explained that the proposed Barbee Mill area development is a planned unit development (PUD) containing a mix of uses, including office, residential, moorage, and retail space and that the existing PPUD would be reviewed at future Council meetings. Mr. Bell also J' - j - _ `-r C_= • AFFIDAVIT OF PUBLICATION a NOTICE PUBLIC HEARING, NOTICE m HEREBY GIVEN'thatch': Renton City Council has fixe,dthe21 st da df April, 1986,at 8:00'p.m.in'the Counci Audrey De Joie , being first duly sworn on oath states that Chambers of the,'Renton Municipal Build- ing, 200 Mill Avenue South, Renton, he/she is the Chief Clerk of the I Washington, as the time and place for'a dublic hearing to consider the following: Transfer and control of the City's VALLEY NEWSPAPERS ",Cable TV Franchise-,interest from vGroup W Cable,Inc.to TCI Cablevision 16'of Washington, Inc. (Regional Office Daily News Journal, Daily Record Chronicle, Daily Globe News aka TCI West). ?Any and all interested' persons are Daily newspapers published six(6)times a week.That said newspapers invited to the present to'voice'approval, � disapproval or opinions on same. ; , are legal newspapers and are now and have been for more than six i CITY OF RENTON months prior to the date of publication referred to,printed and published Maxine E. Motor City Clerk in the English language continually as daily newspapers in Kent, King w Published in the Daily Record Chronicle, County, Washington. Valley Newspapers!have been approved as legal pril 99Ere¶J 9986. R1499 • newspapers by order of the Superior Court of the State of Washington for King County. The notice in the exact form attached,was published in the Daily News Journal—, Daily Record Chronicle, Daily Globe News , (and not in supplement form) which was :regularly distributed to its subscribers during the below stated period: The annexed notice a Notice of Public HeerYng ' was published on - _ _ '=- I 99 The full amount of the fee charged for said foregoing publication is the sum of$1 )! 85 Subscribed and sworn to before me this 18th day ofApri 1 19 86 . (- N.'y Public for the State of Washington, residing at Federal Way, King County, Washington. VN#87 Revised 10/84 • • A Df• N OF 3H MANAGEMENT 6 CONSULTANTS, I In-"'\\. .1.a '�j." ,?" A Cable Communications Consultants ,fid""'''.,' tr.);. 4517 CALIFORNIA AVENUE SOUTHWEST, SUITE B 0 SEATTLE, WASHINGTON 98116 0 (206) 935-9040 March 26, 1986 - I. 31 ';j Larry Warren City Attorney Renton City Hall 200 Mill Ave. S. t-!I R 2 7 1956 Renton, WA 98055 Dear Mr. Warren: On March 25th the Community Services Committee of the Renton City Council met to discuss the requested transfer of ownership from Group W to TCI Cablevision of Washington, Inc. The Committee is . discussing some other issues regarding the cable operation in the City at the same time. However the enclosed document is very complicated from a legal standpoint and requires your review. It will be approximately one . (1) month before this issue can go before the Council. If, after your • review, there are any problems we can direct you to the proper personnel • at TCI. If you have any additional questions please feel free to contact our office. ' Sincerely, I . 3- - CA OMA (CATIONS CONSULTANTS , f ,, , f . o A. r• e Pr-sident/Director .: • LAH:smw Enclosure cc: Mike Parness, Administrative Assistant to the Mayor Councilman Richard Stredicke FI :CITY:ATTORNEY 'APPROVED' FORM;.;;,17 -. _etas _ .._ _ _.,, . __�_. - re.a i I • MINIM . ' TELE-COMMUNICATIONS, INC. GENERAL OFFICES 54 DENVER TECHNOLOGICAL CENTER CALL BOX 22595 WELLSHIRE STATION DENVER, COLORADO 80222 1303) 771-8200 TCI Cablevision of Washington, Inc. ' 1215 114th Avenue S.E. , Bellevue, Washington 98004 ff---- .:C. mMarch 18, 1986 V: 'I:9 I gmenwiTTIJ Mr. Lon A. Hurd Vice' President/Director ' j 3H Cable Communications Consultants +, MAR 2 1906 Suite B 1 4517 California Avenue S.W. Seattle, Washington 98116 ' ' Dear Mr. Hurd: I am in receipt of your March 7 , 1986, letter to Barry Marshall. As we discussed, I will be handling the Group W franchise transfers within the State of Washington. . In response to items "a" through "4" in your letter, ' I offer the following: a) • The street you reference is Garden Court North, and you are correct that service is currently not available. • This project includes six lots with five homes having been • developed. Construction includes 250 feet 'of asphalt cut (and repatch) and approximately 300 feet of machine tren • - ching. Cost is estimated to be $4 , 500. 00. Based on Group W' s ' • pay back formula, this project' would "break even" in 100 months or 8 . 3 years. Obviously not a good investment of ' funds. • I am aware of Ordinance 2702 ' s service requirement and the lack of any "economically feasible" language. However, I am aware of a' situation ' similar to Garden Court -- Southwest 12th where the pay back was some 100 months and the City dropped' ' the requirement' that it be built. " '" • In order to resolve the immediate problem, TCI will agree to • build this project. . Based on our company's pay back formula, this project could pay back in 3. 4 years.. It should be noted that there could be some future projects that fall outside of TCI ' s formula. We would agree to ' look at these on a project- by-project basis. It may, at some time,, require our meeting • with the City to discuss ways to solve this problem that ' would be mutually agreeable to all parties. This, however, is outside the concern expressed in your letter and the trans- fer process. .. i w � Mr Lon Hurd . March 18, 1986 Page 2. b) • The resolution of this issue is not going to be easy. While the cost of providing a character generator, training and technical back-up is easily resolved, other technical consi- derations to air this service are not. • At this point, I would say TCI recognizes the Group W com- mitment; however, we are not at a point where we can address the technical problems and their resolutions. I will be pre- pared, along with the Group W engineers, to more fully ex- plain the problems at our March 25 meeting. c) TCI will stand behind this Group W commitment. d) • The present system was rebuilt in 1984 to 35-channel capacity. Based on technical performance parameters, it is performing well . • I believe this ishan area where TCI and the City of Renton must work very closely. To the extent that more channels are desired, we can certainly accommodate. To the extent ancillary services, such as home security, two-way, etc. , are desired, I believe it is in everyone's best interest to sit down and logically discuss such services, not assume they are automatically/ a "needed" part of the service. m TCI ' s intention would be to determine, with the City, what may be desired or required beyond present availability and put together a plan to accomplish the agreed-upon goals in a reasonable period of time. TCI has had the opportunity, by virtue of its size, to be involved in a lot of the initial thinking and implementation of new technologies, strategies, land means of providing customers services within the cable industry. The facts of life are that our customers want clear pictures all the time, telephones answered promptly and courteously., employees who show up when scheduled and a solid variety of viewing alternatives. ; Those are the things that we will focus on in Renton -- those are the things we know how to do well. I look forward to the Community Services Committee meeting on the 25th and an expeditious transfer of the franchise. Sincerely, Gary 4e Hokenson Washington State General Manager GAH:pf cc: �„z� r ��.. ,�t-� :,�..: ��- - , Administrative Assistant to the Mayor City of Renton GROUP v CABLE . . Group W Cable.Inc.A Sulkalfary of WESTINGHOUSE BROADCASTING AND CABI.F.INC 15241 PACIFIC HWY S SLAT I I.E WA 98188(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 Cable, Inc. is being sold to a group including five cable operators. Your consent to change in con- trol or ownership of Group W Cable, Inc. as a result of that sale of stock is respectfully requested. A form which recognizes that sale of stock and which specifically identifies the buyers, and all of the subsidiaries or affiliated com- panies which will be involved in the sale, is attached for your review and consi- deration. 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 call. 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 appropriateschedule for that to occur without unnecessary idelay. Thank you for your consideration. Sincerely yours, • / John W. Stevens, Jr. General Manager • I '4NSENT TO TRANSFER OF C it 'ROjt THIS CONSENT of the ••• The City Council o,f The City of Renton ( "Grantor" ) , granted the date set forth under the signature line below. • • WITNESSETH: WHEREAS , Group W Cable. Inc . , a New York corporation ( "Group W Cable" ) , operates and maintains a cable television byktem in Grantor ' b ccrmunity 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 onIExhibit A hereto (such cable television system and the Franchise being hereinafter 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; 1TCI Holdings . Inc . , a Colorado corporation; American Television and Communications Corporation ( "ATC" ) . a Delaware corporation; and affiliates of . or subsidiaries or I • III r ,:hi i•r, -4.•iu d or i•�•ht ► 01 1x(1 by. liouaton .Indust ri r,; Incorporated, a Texas' corporation, Comcast Corporation. a' Pennsylvania corporation, Daniels & Associates. Inc. . a Delaware • corporation. and ATC, as are specifically identified in Exhibit S hereto (the foregoing entities being herein referred to P• indiviuuall as ;., y 'Buyer ' and eollectivel is the 'Buyers') , and • ' f thereby transfEa_ control of Group W Cable to the Buyers ; and 1 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. ( the Transferee' ) as soon as practicable after the closing of the foregoing stock sale ( the ' Closing Date' ) ; and WHEREAS, Grantor is willing to consent to ( i ) the foregoing transfer of control of Group W Cable to Buyers on the Closing Date and ; ii ) the transfer of control of and/or assignment of the Sy:.tA:m to the 'Tran;,f F�rec after the Closing Date ; NOW, THEREFORE, in consideration of the premises, 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 to a wholly-owned subsidiary of Group W• Cable and (iii) the transfer of control and/or assignment ofithe System to the Transferee after the • I Closing Date, provided that the consent set forth in clauses ( ii ) and (iii ) above shall be subject to the condition ition that the holder of the Franchise shallrl (promptly after the date of such assignment and/or transfer ) execute and deliver to Grantor its acceptance of , and its agreement and undertaking to perform all of the duties and obligations under, such Franchise . • 1389B/NI I 1 • IN WITNESS WHEREOF. Grantor has executed this consent. effective the Closing Date referenced above. I• GRANTOR By: Title : Date: , 1986 • • - 3 - 1389B/NI :r Exhibit A � I 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 • • • • h { . I - 4 1389B/NI