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w <br /> ORDINANCE NO. 3952. <br /> AN ORDINANCE GRANTING TO T. V. CABLE, INC. ITS <br /> SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, <br /> OPERATE AND MAINTAIN A COAXIAL CABLE SUBSCRIBER <br /> SYSTEM FOR TELEVISION SIGNAL DISTRIBUTION THROUGHOUT <br /> THE CITY OF EVERETT, SNOHOMISH COUNTY, WASHINGTON, <br /> AND IMPOSING PROVISIONS AND CONDITIONS RELATING <br /> THERETO <br /> BE IT, AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL <br /> OF THE CITY OF EVERETT IN SNOHOMISH COUNTY, WASHINGTON : <br /> Section 1 . The City of Everett in Snohomish County, <br /> Washington (herein called the grantor) hereby grants to T. V. <br /> Cable, Inc. , a corporation, (herein called the grantee) , its <br /> successors and assigns, for the full term of totxxipockkorxxkki4c Ten (10) <br /> years from the date of acceptance hereof by said grantee <br /> the right, privilege and authority or franchise to construct <br /> or otherwise acquire and to own, maintain , equip and operate <br /> plants, works , aerials and towers , and all necessary or desirable <br /> appurtenances thereto, for the purchase, reception, transmission <br /> and distribution of television signals and closed television <br /> circuit broadcasts for non-radiating programs, including but <br /> not limited to the right to construct, lay, extend, maintain, <br /> renew, remove, replace, repair, use and operate a coaxial cable <br /> and coaxial cable subscription system for television signal <br /> distribution, either upon poles or under the ground and all <br /> appurtenances and appendages thereto in, under or on or across <br /> the present and future public streets, avenues, alleys , highways , <br /> bridges, easements and other public places within the present or <br /> any future corporate limits of the grantor or its successors, <br /> for the purpose of distributing, supplying and selling television <br /> signals to the grantor or its successors and to persons or <br /> corporations inhabitant thereof as well as to persons or corpora- <br /> tions beyond the present or future corporate limits thereof, <br /> it being understood that the franchise to the grantee to any use <br /> of the streets and public places of the grantor as herein defined <br /> save and except the right , privilege and franchise to extend <br /> coaxial cable wires andappurtenances from poles, cables, lines <br /> underground conduits thereon or under to subscribers ' homes or <br /> places of business. <br /> Section 2(a) Grantee' s facilities shall be so located <br /> or relocated and so erected as to interefere as little as possible <br /> with traffic over said streets, avenues, alleys , highways, bridges, <br /> easements and other public places and that reasonable egress from <br /> and ingress to abutting property, provided, however, that grantee <br /> shall not break up or block any street, alley or public thorough- <br /> fare except in emergencies without permission from the City Engineel. <br /> When any portion of a street is excavated by grantee in the <br /> location, relocation, replacement or repair of any of its <br /> facilities , including underground conduits or poles to carry said <br /> coaxial cables, the portion of the street so excavated shall within <br /> a reasonable time and as early as practicable after said excavation <br /> be replaced by the grantee at its expense and in as good condition <br /> as it was at the time of such excavation, all being in accordance <br /> with the applicable rules and regulations of the Engineering <br /> Department, public Health Department and other interested agencies <br /> of the grantor and the officials thereof. <br /> - 1 - <br />