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1099_00001ORDINANCENO.1099 AN ORDINANCEAMENDINGTHE FRANCHISEGRANTEDTOSAMMONSCOMMUNICATIONS,INC.,A DELAWARECORPORATION,ITS SUCCESSORSORASSIGNS,TO OWNANDOPERATEANDMAINTAINA CABLETELEVI-SION SYSTEMIN THE COMMUNITYOF MOSESLAKE,WASHINGTON THECITYCOUNCILOF THE CITY OF MOSESLAKE,WASHINGTON00 ORDAINAS FOLLOWS: Section 1.The City of Moses Lake Ordinance No.746 is hereby amendedas follows: A.Until such time as the companycertifies that the rebuild cabletelevisionsystemiscompleteandthatitisprovidingtwelve(12)channels of basic service to subscribers,companyshall charge theratessetforthinExhibitAtoOrdinanceNo.746.Upon suchcertificationbycompany,Schedule 1 attached hereto shall supercedesaidExhibitA,and companyshall be entitled to charge the ratessetforththerein. B.At no time after the date of the certification set forth in Aaboveshallbasicserviceconsistoflessthan12channels,minoroutagesortemporaryconditionsexcepted. C.Except as set forth herein,all other terms and conditions ofOrdinanceNo.746 shall remain in full force and effect. Section 2.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw. Adopted by the City Council and signed by its Mayor on March 22,1983 ATTEST: City Clerk APPRO AS TO FORM: Gity Attorney Published:March 25,1983 i SCHEDULE I (3 PAGES) ATTACHED SCHEDULE 1 A.INSTALLATION PRACTICES A.1 Standard Installation A standard installation consists of an aerial or underground drop (not exceed-ing 175 feet)from the utility pole to the customer's residence or commercialplaceofbusiness.Standard underground drops are defined as those not requiringconduitorcuttingofstreets,sidewalks,driveways,or other paved areas. I Material and.labor for drops in excess of 175 feet,concealed wiring,andnon-standard underground drops will be quoted,on request,at the Company's laborcostandmaterialratesplus10%for local overhead costs. A.2 Installation Schedula The Company will use the most efficient means available to affect the maximumnumberofinstallationsrequestedasthesegmentsareenergized,on occasion theCompanywillemploytheuseofsubcontractorstoassistCompanypersonnelwithinstallations. A.3 Emergency Whenever service to existing customers is disrupted due to accidents,storms,and/or Acts of God,etc.,installation work may be postponed until service isrestoredtonormal. A.4 Project Prewiring Residential prewiring,when requested by the owner/buildèr will be installedonatimelybasisatthestandardinstallationrate,provided the drop materialrequireddoesnotexceedtheaforementioned175feet.Where additional materialandengineeringisnecessary,the Company reserves the right to provide thedesignandsupplymaterialandlaboratlaborcostandmaterialrates,plus 10%. A.5 Commercial Installations,Hotel,Motel,Places of Public Gathering Prewiring i When prewiring is requested by an owner/builder of a multiple outlet building,the Company will determine and/or approve the method and means whereby prewiringmaybecompleted.The Company will provide the engineering design and the materialsrequiredatitscostthereforplus10%.The owner/builder will be responsible forinstallingthematerialinaccordancewiththespecificationsprovidedbytheCompany. If owner/builder requests the Company to provide the prewiring,the Company,given sufficient notice,will arrange to do the work involved at its labor costandmaterialratesplus10%. B.INSTALLATIONS FEES THE COMPANY shall make charges in accordance with the schedule of charges set forth in this section B for installation of the equipment necessary to render its services. B.1 Residential Installations The following installation rates apply to single family dwelling units andindividualapartments/flats within multiple dwelling structures. Primary Outlet Standard Installation -Overhead $15.00EachAdditionalOutlet$10.00UndergroundInstallation$35.00iB.l.a.When one or more additional outlets are installed at the some timeastheprimaryoutlet,only the highest single charge will be made. 8.2 Other Installatións B.2.a.The following installation rates apply to facilities placed incommercialestablishments.(Restaurants,Taverns,Clubs,Cafes,RetailStoresandothersuchPublicGatheringLocations) Primary Outlet Installation $15.00EachAdditionalOutlet$10.00UndergroundInstallation$35.00 ATTACHMENT TO ORDINANCE 1099 SCHEDULE 1 (PAGE 2) The above installation rates apply for standard installation. Material and labor for drops in excess of 175 feet,concealed wiring,and non-standard underground drops will be.quoted,on request,at the Company's labor cost and material rates plus 10%. B.2.b.The following installation rates apply to facilities placed in Hotels, Motels,Rest Homes,Nursing Homes,Hospitals and similar institutions. Primary Outlet Installation $15.00 Additional Outlets At prevailing labor and material costs plus 10% B.3 Public and Parochial Schools,Colleges,Municipal Building aAd Ã$ËÅiiStores in the Buàiness of Selling or Repairing TV Receivers Installation at public and parochial schools,colleges,municipal buildings and retail stores in the business of selling or repairing TV receivers will be provided,on request,without charge,to a single point of entrance to the build- ing or complex of buildings located in one geographic area. Interiot cabling and exterior distribution within a complex of buildings in a geographic area shall be provided on request at the Company's labor cost and material rates plus 10%. Should the school or municipal building desire to provide its own exterior/ interior distribution,the Company will render technical assistance without charge.Such installations are subject to inspection and approval of the Company. B.4 Company Employees Company employees will be provided with free installation. C.MONTHLY BASIC SERVICE CHARGES The basic service provided by the Company is defined as multi-channel television service and multi-station FM service,provided that either of these services may be described hereinafter as an "outlet".Service will be provided at the rates specified below: C.1 Residential Dwellings Rate applies to single family dwelling units and individual apartments/flats within multiple dW lling structures. Primary Outlet,Monthly $8.75 Additional Outlets,Monthly -Each $2.00 C.2 Commercial Rates Restaurants,Taverns,Clubs,Cafes,Retail Stores,and other such Public Gathering locations are considered commercial.The following rates shall apply for these and other like business establishments. Primary outlet,Monthly $8.75 Additional Dutlets,Monthly -Each $2.00 C.3 Certain Institutional Rates The following rates apply to Rest Homes,Nursing Homes,Convalescent Homes, Eospitals and similar institutions: Primary Outlet,Monthly $8.75 Additional Outlets,Monthly -Each $2.00 C.4 Hotels,Motels The monthly rate for the above are as follows: Each Outlet,Monthly $2.00 SCHEDULE 1 (PAGE 3) C.5 Public and Parochial Schools,Colleges,Municipal Buildings and Retail StoresintheBusinessofSellingorRepairingTVReceivers On request,the Company will provide one (1)outlet free of charge to each of the above. I Additional Outlets,Monthly -Each No Charge C.6 Employees of the Company living in the cabled areas will be provided with cable service free of charge in return for their agreement to undertake thefollowing:(1)the employees shall monitor the system periodically and shall report their findings to the Company as directed;and (2)test of services, not offered to the general public,for experimental purposes,will be madeinthehomesofCampanyemployeesuponrequestoftheCompany. D.OTHER CHARGES D.1 Transfers When a current customer moves from one address within the franchised areatoasecondaddresswithinthefranchisedareaandthereisnolapseinservice, a transfer charge of $10.00 will be made. D.2 Reconnects Customers wishing restoration of service shall first satisfy any previousobligationsowed.A reconnect charge of $10.00 shall be paid by the customer. D.3 Relocation or Extension of Cable When a current customer requests that an extension or relocation to hiscablebemade,the charge will be $10,00. I D.4 Charge for Damage Caused by Customer Service requests for maintenance or repair of cable facilities are per-formed at no charge unless such maintenance or repair is required as a resultofdamagecaused.by the customer,in which event repairs will be charged tocustomeratourcostor$10.00,whichever is greater. E.BILLING PROCEDURES E.1 Minimum Payment All regularly recurring charges are payable,in advance,for at least one month. E.2 Exceptions/Adjustments During periods of promotions certain installation charges may be waived.During these periods of promotions,the transfers and reconnect charged maybeadjustedtotheprevailinginstallationcharge. i