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<br /> ORDINANCE ') !
<br /> AN ORDINANCE GRANTING TO EVERETT CABLEVISION, INC. ,
<br /> ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT,
<br /> OPERATE AND MAINTAIN A CABLE SUBSCRIBER SYSTEM FOR
<br /> TELEVISION SIGNAL DISTRIBUTION THROUGHOUT THE CITY
<br /> OF EVERETT, SNOHOMISH COUNTY, WASHINGTON AND FOR
<br /> EXTENSION OF FRANCHISE RIGHTS HERETOFORE EXERCISED
<br /> UNDER ORDINANCE NO. 3952, AND AMENDMENTS THERETO
<br /> AND IMPOSING TERMS AND CONDITIONS RELATING THERETO.
<br /> WHEREAS, (1) EVERETT CABLEVISION, INC. 's legal, character, financial,
<br /> technical, and other qualifications, and the adequacy and feasibility of
<br /> its construction arrangements, have been approved by the franchising
<br /> authority as part of a full public proceeding affording due process;
<br /> and (2) the franchisee has accomplished significant construction and has
<br /> extended energized trunk cable to its entire franchise area; and whereas
<br /> franchise rights were granted to and exercised by EVERETT CABLEVISION, INC. ,
<br /> pursuant to Ordinance No. 3952, and amendments; NOW, THEREFORE,
<br /> THE CITY OF EVERETT DOES ORDAIN:
<br /> Section 1: The City of Everett in Snohomish County, Washington (herein
<br /> called the grantor) hereby grants to EVERETT CABLEVISION, INC. , a corporation,
<br /> (herein called the grantee), its successors and assigns, for the full term
<br /> of fifteen (15) years from the date of acceptance hereof by said grantee the
<br /> right, privilege and authority or franchise to construct or otherwise acquire
<br /> and to own, maintain, equip and operate plants, works aerials and tower,
<br /> and all necessary or desirable appurtenances thereto, for the purchase,
<br /> reception, transmission and distribution of television signals and closed
<br /> television circuit broadcasts for non-radiating programs, including but not
<br /> limited to the right to construct, lay, extend, maintain, renew, remove,
<br /> replace, repair, use and operate a coaxial cable and coaxial cable subscrip-
<br /> tion system for television signal distribution, either upon poles or under
<br /> the ground and all appurtenances and appendages thereto in, under or on or
<br /> across the present and future public streets, avenues, alleys, highways,
<br /> bridges, general easement for utilities only and other public places within
<br /> the present or any future corporate limits of the grantor or its successors,
<br /> for the purpose of distributing, supplying and selling television signals to
<br /> the grantor or its successors and to persons or corporations inhabitant thereof
<br /> as well as to persons or corporations beyond the present or future corporate
<br /> limits thereof, it being understood that the franchise to the grantee to any
<br /> use of the streets and public places of the grantor as herein defined save and
<br /> except the right, privilege and franchise to extend coaxial cable wires and
<br /> appurtenances from poles, cables, lines underground conduits thereon or
<br /> under to subscribers' homes or places of business.
<br /> Section 2: (a). The grantee shall maintain a local business office for
<br /> the investigation and resolution of all complaints regarding the quality of
<br /> service, equipment malfunctions and similar matters. Any complaints made to
<br /> the grantor shall be forwarded to the grantee, who shall investigate and
<br /> attempt to resolve all complaints within twenty-four hours. The grantee shall
<br /> keep a record of all complaints and actions taken to resolve such, which
<br /> record shall be available for examination by grantor at no cost.
<br /> (b) Grantee's facilities shall be so located or relocated and so erected
<br /> as not to interfere with traffic over said streets, avenues, alleys, highways,
<br /> bridges, easements and other public places and that reasonable egress from
<br /> and ingress to abutting property, provided, however, that grantee shall not
<br /> break up or block any street, alley or public thoroughfare except in emergencies
<br /> without permission from the City Engineer. The grantor reserves the right to
<br /> require all new installation of coaxial cables to be laid underground. When
<br /> any portion of a street is excavated by grantee in the location, relocation,
<br /> replacement or repair of any of its facilities, including underground conduits
<br /> or poles to carry said coaxial cables, the portion of the street so excavated
<br /> shall within 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 as it was
<br /> at the time of such excavation, all being in accordance with the applicable
<br /> rules and regulations of the Engineering Department, public health Department
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