TIC 2017-04-25 Item 2D - Ordinance - Fiber Optic System Franchise Agreement with MCImetro Access Transmission Services Corporation

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public property for installation, operation and maintenance of a fiber optic system and transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Non-exclusive Franchise Granted. A. The City hereby grants to MClmetro, subject to the conditions prescribed in this ordinance ("Franchise Agreement"), the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City-owned rights-of-way, generally described as that area within the present and future boundaries of the City, and hereinafter referred to as the "Franchise Area." B. The foregoing franchise rights and authority ("Franchise") shall not be deemed to be exclusive to MClmetro and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over or under the areas to which this Franchise has been granted to MClmetro; provided, that such other franchises do not unreasonably interfere with MClmetro's exercise of franchise rights granted herein. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes MClmetro to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to MClmetro. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies and procedures as he or she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of ten (10) years from the effective date of this ordinance. However, this Franchise Agreement shall not take effect and MClmetro shall have no rights under this Franchise Agreement unless a written acceptance with the City is received pursuant to Section 4 of this Agreement. If MClmetro requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise Agreement for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to MClmetro prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of MClmetro to file said consent within 30 days of the 33