No. 12-105

ORDINANCE NO. 551-12

GRANTING A NON-EXCLUSIVE 10-YEAR

COMMUNICATION FRANCHISE TO CASCADE NETWORKS, INC. FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF CABLE AND TELECOMMUNICATIONS SERVICES WITHIN THE TOWN LIMITS

WHEREAS, the Town of Cathlamet is authorized to grant non-exclusive franchises for the operation of cable systems within the Town rights-of-way; and

WHEREAS, Cascade Networks, Inc. has requested a franchise to construct, operate, and maintain a multimedia communication system within the boundaries of the Town of Cathlamet; and

WHEREAS, the terms, conditions, and obligations provided herein are necessary to protect the safety and welfare of the citizens of Cathlamet and provide for the communication needs of the community;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF Cathlamet AS FOLLOWS:

Town of Cathlamet, Washington (hereinafter Grantor) does grant to Cascade Networks, Inc. (hereinafter Grantee) a non-exclusive ten (10)-year franchise, revocable as provided herein, to construct, operate and maintain a communications system in the franchise area comprised of all of the territory within the Town's corporate boundaries as those boundaries may change from time-to-time.

The Grantee, within sixty (60) days after the tender by the Grantor to Grantee of the franchise ordinance adopted by the Grantor, shall file in the office of the Town Clerk of the Town of Cathlamet, a written Acceptance executed by Grantee. In the event Grantee fails to file the Acceptance as required herein, then this Franchise shall be null and void.

As compensation for the franchise to be granted, the Grantee shall pay to Grantor an amount equal to six percent (6%) of gross receipts, which is a utility tax on the Grantee's Gross Revenues. Payments due under this provision shall be computed and paid monthly unless otherwise approved by the Town Clerk. The Grantee agrees to pay, at the time of acceptance of this franchise ordinance, a one-time administrative fee of One Thousand Dollars ($1,000) to defray the Town’s legal and administrative costs and expenses associated with negotiating and approving this Agreement.

No cable, line, wire, amplifier, converter, or other piece of equipment owned by the Grantee shall be installed by the Grantee without first securing the written permission of the owner or tenant of any property involved. If such permission is later lawfully revoked, whether by the original or a subsequent owner or tenant or Grantor, the Grantee shall remove forthwith on request of the owner or tenant any of its equipment and promptly restore the property to its original condition. The Grantee shall perform all installations and removals in a workmanlike manner and shall be responsible for any damage to residences or other property caused by the installation.

The Grantee shall comply with all federal and state laws and regulations, as well as all general ordinances, resolutions, rules and regulations of the Grantor.

This ordinance shall take effect and be in full force on five days after passage and publication.

The full text of this ordinance is available for reading at the Town Hall and will be mailed upon request. Requests should be directed to the Town of Cathlamet, P.O. Box 68, Cathlamet, WA 98612.

Passed first reading: 6/18/2012.

Passed second, third and final reading: 7/16/2012.

ATTEST: Tina Schubert, Clerk-Treasurer

Approved as to form: Heidi L. Heywood, Town Attorney

Publish July 19, 2012