Laserfiche WebLink
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, <br />WASHINGTON, HEREBY ORDAINS AS FOLLOWS: <br />Section 1. Definitions. <br />A. For the purposes of this Franchise Agreement and the Exhibit attached hereto, <br />the following terms, words, phrases, and their derivations where capitalized shall have the <br />meanings given herein. Terms not defined herein shall have the meaning given in Title 11 <br />of the Tukwila Municipal Code. Terms not defined herein or in Title 11 of the Tukwila <br />Municipal Code shall have the meaning given pursuant to such federal statutes, rules, or <br />regulations that apply to and regulate the services provided by VERIZON. Words not <br />otherwise defined shall be given their common and ordinary meaning. <br />B. When not inconsistent with the context, words used in the present tense include <br />the future, words in the plural include the singular, and words in the singular include the <br />plural. The word "shall" is always mandatory. References to governmental entities <br />(whether persons or entities) refer to those entities or their successors in authority. If <br />specific provisions of law, regulation or rule referred to herein are renumbered, then the <br />reference shall be read to refer to the renumbered provision. <br />1. "Affiliate" when used in connection with VERIZON means any Person who <br />owns or controls, is owned or controlled by, or is under common ownership or control with <br />VERIZON. <br />2. "Construct" shall mean to construct, reconstruct, install, reinstall, align, <br />realign, locate, relocate, adjust, affix, attach, replace, repair, monitor, maintain, use, <br />relocate, remove, or support. <br />3. "Default" shall mean any failure of a Party to keep, observe, or perform any <br />of its duties or obligations under this Franchise that is not cured within 30 days after receipt <br />of written notice from the non -defaulting Party. <br />4. "Design Document(s)" shall mean the plans and specifications for the <br />construction of the Facilities meeting the minimum applicable general plan submittal <br />requirements for engineering services plan review as set forth in the City's Infrastructure <br />Design and Construction Standards Manual (the "Standards"), illustrating and describing <br />the refinement of the design of the Telecommunications System Facilities to be <br />Constructed, establishing the scope, relationship, forms, size and appearance of the <br />Facilities by means of plans, sections and elevations, typical construction details, location, <br />alignment, materials, and equipment layouts. The Design Documents shall include <br />specifications that identify utilities, major material and systems, Public Right -of -Way <br />improvements, restoration and repair, and establish in general their quality levels. <br />5. "Dispute" shall mean a question or controversy that arises between the <br />Parties concerning the observance, performance, interpretation or implementation of any <br />of the terms, provisions, or conditions contained in this Franchise Agreement or the rights <br />or obligations of either Party under this Franchise Agreement. <br />W: Word Processing\Ordinances\Verizon-Seattle SMSA Franchise Agreement 1-29-18 <br />GL:bjs <br />Page 2 of 20 <br />77 <br />