Cable TV Franchise

Cable TV Franchise
RESOLUTION NO. 121-81
A RESOLUTION GRANTING A FRANCHISE TO
Union Telecable
Richard F. Buechel,
ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT,
OPERATE
AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE COUNTY OF MASON,
OF WASliiNGTON,
STATE
SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE PROVIDING FOR COUNTY REGULATION AND USE OF THE CABLE
TELEVISION SYSTEM.
Section l .
following
DEFINITIONS.
terms,
For the purpose of
phrases, words,
abbreviations,
shall have the meaning herein given.
context,
words
words used in the present
this ordinance the
and their derivations
When not incdnsistent with
tense include the future tense,
in the plural number include the singular number,
in the singular number
th~
and words
include the plural number.
the~county
(a)
"County" shall mean
of Nason.
(b)
"Cot:nniss ion" shall mean the Board of ~.!ason County
Commissioners.
(c)
"Company" shall mean the grantee of rights
under
this ordinance.
(d)
"Person"
association,
shall mean any person,
corporation,
firm,
partnership,
company or organization of
any kind.
(e)
"Franchise area" shall mean that area shown on
the map or description attached as Exhibit 1.
(f)
"Street" shall mean the surface of and the space
above and below any public street,
highway,
freeway,
bridge,
drive,
lane,
right of way,
path,
road,
alley, ·court,
sidewalk,
parkway,
communications or utility
easement,
now or hereafter existing as such within the
franchise area.
(g)
"Property of
company" shall mean all property owned,
installed or used by the Company in the conduct of a CATV
business in the County.
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(h)
"CATV" shall mean a
cable
television system as
hereinafter defined.
(i)
"Cable Television System"
posed of,
lines,
towers,
vertors,
wired
without
wave guides,
equipment or
for
the
and
antenna,
or any
facilities,
by
television,
from persons,
system com-
cables,
wires,
other conductors,
designed,
purpose of .producing,
and distributing
radio,
limitation,
shall mean a
con-
constructed or
receiving,
amplifying
coaxial cable audio and/or visual
electronic or electrical slgnals
subscribers
and locations
in
to
the fran-
chise area.
" B as i c
(j )
of
CATV S e r v i c e "
broadcast
(k)
s h a 11 me a n
television signals by
"Subscriber"
t he d i s. t r i b u t i_o n
the Company.
shall mean any person or entity
re-
ceiving basic CATV service.
(l)
"Gross Annual Basic Subscriber Revenues"
shall
'
mean any
and
received
directly
ment
regularly
for
annual
taxes
all compensation and other consideration
on services
of
character,
financial,
due process,
and
observance of
the
right
engage
upon,
and
the
\.Jbereas
technical
in
part
of a
full
city,
state or
the Company
and
the
conditions and
an d
for
any
of-the Company's
the
faithful
t hat
pur pos e
maintain
public
t o
an-d
street,
n
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performance
reservations hereinafter specified,
the Co;:unission to the Company
of operating and providing
reconstruct,
along
CoJlli!lission has approved
public proceeding af-
in consideration of
the business
replace,
across
imposed
and other qualifications
and privilege is hereby granted by
t he F r a n c h i s e /1. r e a
repair,
collected by
the adequacy and feasibility
construction arrangements as
to
and
GRANT OF AUTHORITY.
the Company and
f9rding
the Company
any
such governmental unit.
Section 2.
legal,
by
Gr:oss
include
on any subscriber or user by any
unit
in pay-
basic CATV service.
revenue shall not
furnished
other governmental
the
subscriber~
Company_from
furnished
basic subscriber
directly
for
th~
by
erect ,
a
CATV system in
i n s t a 11 ,
retain in,
on,
co ns t r u c t ,
over,
under,
public way and public place,
now laid out or dedicated and all extensions
thereto in the
ducts,
franchise area such poles,
conduit vaults,
manholes,
thereof and additions
wires,
amplifiers,
cable,
appliances,
and other property as may be necessary and appurtenant
system;
and
facilities
in addition,
or properties
or corporations
Section 3.
further
not
express
conditions
~nd
and provide similar
the County
jurisdiction over
to do business
in
This Franchise is granted upon
shall not
in any manner prohibit
final
this Franchise shall
from using
of the same,
repairs or changes
take effect
passage hereof
and
and shall continue in force
the effective date of
for an additional
this
and
in no way prohibit
their
the full power
and
~ights
and effect for a
here-
30 days from and after
filing of acceptance by
fifteen year period
the
kind or character
with
The franchise
the Company
term of 15 years after
The franchise may be renewed
franchise.
following a
full
public pro-
ceeding affording due process.
Sect·ion 5.
(a)
All
CONDITIONS OF STREET OCCUPANCY.
transmission and distribution structures,
equipment erected by the Company within
so
located as
streets,
to
cause
and to cause
no
the rights and reasonable convenience of property
othe~
public ways and
The CATV system shall be constructed and operated in
pliance with all County,
trical codes
and
no interference with the proper use of
owners who join any of the said street_ or
places.
lines,
the franchise area shall be
and other public ways and places,
interference with
com~
State and National construction and elec-
and shall be kept
to
in the same.
and be in force
upon
upon,
the said roads or affect
'TERM OF FRANCHISE.
in granted shall
the County.
that i t shall not be deemed- or held
them or any part
to make all necessary
-Section 4.
and
firms
to any public utility or
roads and public highways of any
it may deem proper,
the CATV
from other persons,
limited
or permitted
attachments,
to
from gianting other and further Franchises over,
or prevent
the
operate,
NON-EXCLUSIVE GRANT.
along any of said
that
use,
rented or leased
be an exclusive Franchise,
County
to
including but
other grantee franchised
the
so
conductors,
current with new codes.
The Company
shall install and maintain its wires, cables, fixtures and other
equipment in such manner that they will not interfere with any
installations of the County or of a public utility serving the County.
In all areas of the County where any cables, wires, or other like
of public utilities are required to be or placed under-
~acilities
ground, the Company shall place its cables, wires, or other like
under~round
facilities
in conformance with permits issued by the
County Engineer to the maximum extent existing technology reasonably
permits.
(b)
The Company shall furnish to and file with the County
EnFineer maps, plats, and permanent records of the location and
character of all facilities constructed, including underground
facilities.
Such maps, plats, and permanent
record~
furnished and
filed with the County shall be updated on April l and October l by
the Company.
(c)
In case of disturbance of any street, public way, or paved
v1ay, or paved area, the Company shall irnrr:ediately, at its own cost
and expense, and in accordance with County standards and specifications,
replace and restore such street, public way, or paved area in as good
a condition or better as before the work involving such disturbance
'·Nets done.
(d)
If at any time during the period of franchise the County
shall lawfully elect to alter or chanRe the grade of any street,
sidewalk, alley, or other public way, the Company upon notice
~Y
the
County shall remove, relay, and relocate its poles, wires, cables,
underground conduits, manholes, and other fixtures at its own expense
and in compliance with County standards and specifications.
(e)
The Company shall, on the
re~uest
of any person holding a
building moving permit issued by the County, .temporarily move, raise,
or lower its wires to permit the moving of buildings.
The expense
of such temporary removal or raising or lowering of wires shall be
paid by the person requesting the same, and the Company shall have
the authority to require such payment, in advance.
The Company shall
be given not less than forty-eight (48) hours advance notice to
arrange for such temporary wire changes and should meet current
height restriction requirements.
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(f)
•
With County approval, the Company shall have the authority to tr~ trees
upon and overhanging streets and public ways and places of the franchise
area so as to prevent the branches of such trees from coming in
contact with the wires and cables of the Company and shall be
responsible for debris removal from such activitie9, except that,
at the option of the County, such trimming may be done by it or under
its supervision and direction at the expense and liability of the
Company.
(g)
The Company shall, at its expense, protect, support,
temporarily disconnect, relocate in the same street or other public
place, or remove from the street-or other public place, any property
of the Company when required by the County by reason of traffic
conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of
sewers, drains, water pipes, power lines, signal lines, and tracks
or any other type of structures or improvements by public agencies;
provided, however, that the Company shall in all such cases have the
rights and obligations of abandonment of property of the Company,
subject to County ordinance.
(h) The County shall have the right to make additional use, for
any public or municipal purpose, of any poles or conduits controlled
or maintained exclusively by or for the Company in any street, provided
such use by the County does not interfere with the use by the Company.
The County shall indemnify and hold harmless the Company against and
from any and all claims, demands, causes of actions, actions, suits,
proceedinf'"S, dams.ges, costs or liabilities of every
~hatsoever
(i)
arisin~
l~ind
and nature
out of such use of Company's poles or conduits.
In the maintenance and operating of its transmission and
distribution system in the streets, alleys and other public places,
and the course of any new construction or addition to its facilities,
the Company shall proceed so as to cause the least inconvenience to
the general public;
any opening or obstruction in the streets or other
public places made by the Company in the course of its operations shall
be guarded and protected at all times by the placement of adequate
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barriers, fences, or hoardings, the bounds of which, during periods
of dusk and darkness, shall be clearly designated by warning lights,
in accordance with the Manual of Uniform Traffic Control Devices.
Section e.
(a)
SAFETY REQUIREMENTS
The Company shall, at all times, employ professional care
and shall install and maintain in use commoply accepted methods and
devices for preventing failures and accidents which are likely to
cause damage,
(b)
injuries, or nuisances to the public.
All structures and all lines, equipment and connection in,
over, under, and upon the streets, sidewalks, alleys, and public ways
or places of the franchise area, whereever situated or located, shall
at all times be kept and maintairred in a safe, suitable condition, and
in good order and repair.
(c)
The County reserves the general right to see that the
system of the Company is constructed and maintained in a safe condition
and if an unsafe condition is found to exist, to order the Company to
make necessary repairs and alterations forthwith,
and if the Company
shall fail to make the necessary repairs and alterations, the County
may rnake them or have them made, and collect all cost and expense
thereof from the Company.
Section 7.
(a)
SYSTEM CONSTRUCTION
The distribution system of the Company to be hereafter
installed shall not be abandoned ·either in whole or part without- the
consent of the Commission.
In the event of the failure of the Company
to commence construction of the system within sixty days after the
enactment of this resolution and the securing of the pole franchise
with owners, or in the event of the failure of the Company to render
community television service to the franchise area and the inhabitants
thereof, as contemplated and provided for by this resolution within
a period of one year from the effective date of this resolution, the
Commission shall have the right, on reasonable notice to the Company,
to declare this resolution and the rights and franchise granted
thereunder forfeited provided; however, failure to comply with these
terms by reason of circumstances beyond the reasonable control of
the Company which could not be anticipated at the time of the
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acceptance of its terms by the Company, shall not be sufficient
grounds to declare a forfeiture.
(b)
Company, whenever it shall receive a request for service
from at least ten subscribers within 1320 cable feet of its trunk
cable, shall extend its system to such subscribers at no cost to
the subscribers for system extension other than the usual connection
fees for all subscribers, provided that such extension is technically
and physically feasible.
The 1320 feet shall be measured in extension
length of Company's cable required for service located within the
public way or easement and shall not include length of necessary
service drop to the subscriber's home or premises.
(c)
No person, firm, or corporation in the Company's service
area shall be arbitrarily
refused service.
However, in recognition of
the capital costs involved, for unusual circumstances, such as requirement for underground cable, or more than 150 feet of distance from
distribution cable to connection of service to subscribers, or a
density of less than ten subscribers per 1320 feet of cable system,
in order to prevent inequitable burdens on potential cable subscribers
in more densely populated areas, service may be made available on the
basis of cost of materials, labor, and easements.
Section 8.
(a)
OPEnATION STANDAPDS
The Company shall operate and maintain its cable television
system in full compliance with the standards set forth by the Federal
Communications Commission.
(b)
Installations shall be maintained so as not to interfere
with TV reception already in existence.
(c)
6
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viewing channels shall be furnished as
a
minimum; educational
channels are included as part of the minimum.
(d)
Installation and maintenance of equipment shall be such that
standard color signals shall be transmitted to any subscriber receiver.
(e)
Additional viewing services shall be reviewed by the
Commission upon request by the Company and the Commission shall have
the right upon review to request and require additional viewing service
of the Company.
Section 9.
LOCAL OFFICE; COMPLAINTS
The Company shall maintain a local business office or agent which
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subscribers may telephone during regular business hours without
incurring added message or toll charges, so that complaints
regarding cable television operations may be promptly reported to
the Company.
Should a subscriber have an unresolved complaint
regarding cable television operations, the subscriber shall be
entitled to file his complaint with the County Auditor, and
thereafter to meet jointly with a representative of the Commission
and a representative of the Company within thirty (30) days to
fully discuss and resolve such matters.
The Company shall notify
each subscriber, at the time of initial subscription to the service
of the Company, of the procedures for reporting and resolving
such complaints.
Section 10.
RATES
From time to time the Company may seek approval of the
Commission for a rate increase; provided, however, that any rate
increase submitted by the Company for Commission approval will
become effective automatically within sixty (60) days of submission,
unless the Commission after review of all relevant material in an
appropriate public hearing affording due process finds the
proposed increase is unreasonable.
Rates approved shall remain
in effect for not less than twelve (12) calendar months after the
effective date.
Subject to these procedures, the Company may
pass along to subscribers such additional fees as may be imposed
on it, including but not limited to direct taxes, copyright fees,
and permit fees.
The determination of the Company's rates shall be subject
to the rules and regulations of any state or federal authority
which may subsequently, by due process of law, acquire jurisdiction
over this type of industry or enterprise.
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PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED.
Section 11.
The Company shall not as to rates,
rules,
charges,
service
facilities~
regulations or in any other respect make or grant any prefer-
ences or advantage to any person nor subject any person to any prejudice or disadvantage,
be deemed
and
provided that nothing in this franchise shall
to prohibit the establishment of a graduated scale of charges
classified rate schedules to which any customer coming within such
classification would be entitled,
~ay
and service charges
and provided further
that connection
be waived or modified during promotional cam-
paigns of Company.
Installation and housedrop hardware shall be uniform throughout
the County,
except that
the Company shall be free to change its hard-
ware and installation procedure as the art progresses.
FRANCHISE PAYMENTS.
Section 12.
The Company shall pay to the County on or before March 31 of each
year,
3
a
% franchise fee based on gross annual basic subscriber
revenues received for cable television operations in the Franchise
Area for
the preceding calendar year.
Sales tax or other taxes levied directly on a per subscription
basis and collected by the Company shall be deducted from
the gross annual basic subscriber revenues before computation of
sums due the County,
is made.
The Company shall provide an annual
summary report showing gross annual basic subscriber revenues received
during the preceding year.
Payment shall be made on or before the
16th day of January, April,
July and October of each year of the sum
due hereunder for
the proceeding quarter.
The above rental percentum
may be renegotiated by either the County or
other party thirty
the grantee giving the
(30) days written notice requesting a meeting for
such renegotiation.
Section 13.
(a)
INDEMNIFICATION OF COUNTY.
The Company shall indemnify,
protect and save harmless the
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1 ¢JWti81iiDPki Q "' .
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·--~-------------
County from and against losses and physical damages to property,
bodily injury or death to persons,
workmen's compensation law,
the erection,
maintenance,
and
including payments made under any
which may arise out of or be caused by
presence,
ments or poles within the County,
use or removal of said attach-
or by any act of the Company,
agents or employees and will defend
its
the County against any and all
actions which may be brought against the County as a consequence
thereof.
the
The Company shall carry insurance to protect
Company from and against all claims,
costs,
expenses,
and
such loss,
than
to any one accident and not less
directly
injury or damage.
one million
---------------------------
than
aggregate in any single policy year;
bodily injury or
as
judgments,
The
such insurance against liability due to physical damage
to property shall not be less
dollars as
actions,
liabilities which may arise or result,
or indirectly from or by reason of
amounts of
demands,
the County and
one million
--------------------------
dollars
and against liability due to
to death of persons not less than
to any one person and not less
to any one accident.
dollars as
than
one million
---------------------one million
-------------------------
The Company shall also
·dollars
carry such insurance
as it deems necessary to protect it from all claims under any workmen's compensation laws in effect that may be applicable to
Company.
in full
the
All insurance required by this agreement shall be and remain
force and effect
for
the entire life of this agreement.
Said
policy or policies of insurance or a certified copy or copies thereof
shall be approved by the Mason County Prosecuting Attorney and then
deposited with and kept on file by the County Auditor.
(b)
It is understood
that
tractor and is not an agent of
the
of
the Company is an independent conthe County,
Company in the performance of
and all personnel used by
this franchise
the Company and not of the County,
shall be employees
and shall have no claim against
the County for compensation or other benefits available to employees
of
the County.
(c)
shall
At
the
time this franchise becomes effective,
furnish a bond
to the County in the amount of
the Company
ten thousand
dollars in such form and with such sureties as shall be acceptable
to
the County,
guaranteeing the payment of all sums, which may at
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any time become due from the Company to the County under
this franchise
vided
(except such sums as are covered by the
in section a),
of all
(a)
the
performance
terms of this franchise.
PROCEDURES.
Any inquiry,
taken or proposed
proceeding,
to be
investigation or other action to
taken by the County in regard
erations of Company's cable television system,
regard
to a change in subscription rates,
thirty
(30)
days public notice of
served directly on Company;
tunity
terms of
insurance pro-
guaranteeing the faithful
the obligations of the Company under
Section 14.
be
and further
the
and,
to
the op-
including action in
shall be taken only after
such action or proposed action is
the Company has been given an oppor-
to respond or comment in writing on the action or proposed
action.
(b)
The public notice required by this section shall state
clearly the action or proposed action
for
response
to be
taken,
the time provided
and the person or persons in authority
responses should be addressed,
and
such other procedures as may be
specified by the Commission. If a hearing is to be held,
shall give the date and time of
pation will be allowed and
to whom such
such hearing,
the public notice
whether public partici-
the procedures by which such participation
may be obtained.
The Company shall be a necessary party to any
hearing conducted
in regard
Section 15.
to its operations.
PROCEDURE UPON TERMINATION.
Upon expiration of the franchise,
acquired an extension or renewal
have and it
is hereby granted,
and public ways of the County,
any or all of
its property.
if
thereof and accepted
the right
for
the Company shall not have
the same, it may
to enter upon the streets,
the purposes of removing
therefrom
In so removing said property the
Company shall refill, at its own expense, any excavation
that
shall be made by it, and
shall leave said streets and public
ways and places in as good condition or better as
prior
to
the Company's removal of
Section 16.
other
its property.
APPROVAL OF TRANSFER.
The Company shall not sell or
another,
that prevailing
than a
transfer its plant or system to
parent company or a wholly-owned subsidiary
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of
the Company,
nor
transfer any rights under this
Provided,
another without Commission approval.
transfer shall be effective until
filed
in the office of
reciting
the fact
terms of
the franchise
thereof.
rights
that no
to
sale or
assignee or lesee has
the County Auditor an instrument duly executed
of such sale,
assignment
and agreeing
or lease accepting
to perform all
the
the
conditions
Such Commission approval will not be unreasonably withheld
and neither
preclude
the vendee,
franchise
this Section nor other Sections of
the mortgaging,
in the
system,
or
hypothecating,
the pledge of
or
this franchise
shall
the assignment of certain
stock by the Company for
the
purpose of financing.
Section 17.
It shall be
NEW DEVELOPMENTS.
the policy of
franchise upon application of
the Company to
the County liberally to amend
the Company,
this
when necessary to enable
take advantage of any developments in the field
transmission of
television and radio signals which will afford
opportunity more effectively,
of
it an
efficiently or economically to serve
its customers.
Section 18.
(a)
MISCELLANEOUS PROVISIONS.
When not otherwise prescribed herein, all matters herein
required to be filed with the County shall be filed with the County
Auditor.
(b)
The Company shall assume the cost of
public~ttion
franchise as such publication is required by law.
of this
A bill for
publication costs shall be presented to the Company by the County
Auditor upon the Company's filing of acceptance and shall be paid at
that time.
(c)
Company,
In consideration of the granting of this franchise to the
~s
aforesaid, the Company will furnish
~ithout
installation
charge or monthly service fee, a single-outlet to any of the County
~epartmental
offices within the service area of the Company, if and
when requested to do so; but such outlets shall not exceed an
aggregate total of ten.
(d)
In consideration of the granting of the franchise to the
Company as aforesaid, the Company will furnish without installation
charge or monthly service fee a single outlet to any public schools,
public hospitals, and County-sponsored social service arencies
~ithin
the service area of the Com:pany if and v.rhen recr~1ested to do so.
(e)
In the case of any emergency or disaster, the Company shall,
upon the request of the County, make available its facilities to
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the County for emergency use during the emerv,ency or disaster period.
(f)
of
The County shall have access at all reasonable hours to all
the Company's plans,
cial,
statistical,
erty and
accounting,
finan-
customer and service records relating to the prop-
the operation of
the Company and
to all other records required
The following report shall be filed with the
to be kept hereunder.
Clerk of
contracts and engineering,
the County Board
and
in the local office of
the Company:
Gross Revenue.
An annual summary report showing gross
revenues received by the Company from its operations
within the County during the preceding year and such
other information as the County shall request with
respect to properties and expenses related to the
Company's service within the County.
Section 19.
COMPLIANCE WITH APPLICABLE PROVISIONS,
LAWS AND
ORDINANCES.
(a)
The Company shall at all times during
franchise be subject
the County.
to all lawful exercise of
The County reserves
the right
the life of
this
the police power by
to adopt from
time to
time in addition to the provisions herein contained such ordinances
as may be deemed necessary to
the exercise of police power.
regulation shall be reasonable and not destructive
Such
to the rights
herein granted and not in conflict with the laws of the State.
(b)
Upon failure of
the Company to comply with any of the
provisions or conditions hereof,
vice of notice
within thirty
(30) days after ser-
to comply with any such provisions, conditions,
tions or limitations, made and served by order of
the Company,
restric-
the Commission upon
the Commission may declare by resolution and enforce an
immediate forfeiture of
Section 20.
this franchise.
FEDERAL REGULATION.
Any modification resulting from amendment of Section 76.31
("Franchise Standards")
of
the Rules and Regulations of
Communications Commission shall be incorporated
as of
the Federal
into this franchise
the date such modifications become obligatory under FCC regu-
lations,
or in the event no obligatory date is established, within
one year of adoption or at
the time of franchise renewal,
occurs first.
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whichever
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Section 21.
SEVERABILITY.
Should any section,
declared
invalid by a
validity of
court of
record, the same shall not affect the
the resolution as a whole or any part
the part so declared
Section 22.
(a)
clause or provision of this resolution be
thereof,
other than
invalid.
EFFECTIVE DATE.
This resolution shall take effect and be in force
days from and after its passage,
subject
thirty
(30)
to acceptance by the Company
within said 30 day period.
This resolution shall be null and cvoid
(b)
shall within thirty
cation,
(30)
days after its passage,
unless
the Company
approval and
publi-
file with the County Auditor its written acceptance of all
terms and conditions hereof.
PASSED,
ADOPTED AND APPROVED this
ATTEST:
Clerk of
28thday of --~S~e=p~t~e~m~b~e~r~__ ; 1981.
MASON COUNTY BOARD OF COMMISSIONERS
the Board
APPROVED:
Accepted by:
APPROVED AS TO FORM:
~1·~~
Union Telecable
('
u~
<LZ~
Title
-14-
v
EXM:IBIT I
"Franchise Area"
Township 21
Range 3 West, W. M.
:A. Sections 1 , North,
2, 3, 4, 5 , 6 , 7 , 8, 9
;!. Township 21 North,
Range 4 West, W. M.
Sections 1 and 12
l'
Township 22 North, Range 2 West , W. M.
Sections 30 and 31
'8\ DEC 30 M-\ 9: Z8
i\EO'JE ST CF
KuL
284 rr.
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