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HomeMy WebLinkAboutOrd 2061 - Fiber Optic Telecommunications System Franchise with Level 3 Communications (Repealed by Ord 2493)City of'Tukwila Washington Cover page to Ordinance 2061 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE ('117Y 011 TUMILA,, WASIJINGTGN, GRANTINC,' A NON-EV"LUSIVI�, VIZANC1.11SE TO 1-TVVII, 3 COMMUNICA,71JONS, LIX, A 1.")FLAWARE LIMITED LIABILITY (A)MI'ANY LE('.-,'AL,'1-Y AUTH(MIZEII)TO CONDUT BUSINESS, IN 7,11E STA"IT (MI, PURTOSF" , (' JM1 nU(."I1N(..,, OPERATIN', AND NIAINTAINING A FIBER Or"J"K SYS'FEM IN CERTAIN PUBLIC RIG1171'54JF� WAY IN THE CITY; PROVIDIN(7. l,"(,')R SI.,.,VFR,A,HJ1.,1TY; AND FS'J'A, B LIS I'll N(,' AN EFFTC17IN'T D.ATTI-1 Ordinance 2061 was amended or repealed by the following ordinances. REPEALED Section(s) Repoifled, Repealed by Card 2493 City of Tukwila Washington Ordinance No. ZO (01 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF- WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Level 3 Communications, LLC, hereinafter referred to as "Level 3," is a telecommunications company that, among other things, provides high capacity interexchange transport to telecommunications common carriers, including data transmission, linkage to long distance carriers and other telecommunications services to customers in the Puget Sound Region; and WHEREAS, Level 3 desires to extend its services to certain businesses located within and outside the corporate limits of the City of Tukwila, hereinafter referred to as the "City and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation, operation, and maintenance of fiber optics systems is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes that the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights -of -way is necessary to ensure that the burden of costs for the operations of non municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington "RCW authorizes the City to grant and regulate nonexclusive franchises for the use of public streets, right -of -ways, and other public property for the installation, operation and maintenance of a fiber optics system and the transmission of communications; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non- exclusive Franchise Granted. A. The City hereby grants to Level 3, 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 (the "Franchise within the City -owned rights -of -way generally described in Exhibit A, and hereinafter referred to as the "Franchise Area B. Such Franchise shall not be deemed to be exclusive to Level 3 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 Level 3; provided, that such other franchises do not unreasonably interfere with Level 3's exercise of franchise rights granted herein as determined by the City. This Franchise Franchise 9/17/04 1 Of 7 shall in no way unreasonably interfere with existing utilities or in any way unreasonably limit, prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. 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 rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein, so long as such rules, policies and procedures are consistent with all applicable state and federal laws. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of three years from the effective date of this ordinance. This Franchise shall not take effect and Level 3 shall have no rights under this Franchise Agreement unless a written acceptance is filed with the City pursuant to Section 4 of this Franchise Agreement. If Level 3 requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise 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 Level 3 prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise 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 B. Failure on the part of Level 3 to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified herein. 1. Permit Required. No construction, maintenance, interconnections or repairs (except for emergency repairs) shall be undertaken in the Franchise Area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, Level 3 shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. 2. Coordination. All capital construction projects performed by Level 3 within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. 3. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for Level 3 within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. 4. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. 5. Relocation. a. Within 90 days following written notice from the City, Level 3 shall, at its own expense, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety or operation of any City or other public improvement in or upon the rights -of -way. Franchise 9/17/04 2 of 7 b. Level 3 may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. Such alternatives shall include the use and operation of temporary transmitting facilities in adjacent rights of way. The City shall evaluate such alternatives and advise Level 3 in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, Level 3 shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Level 3 full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Level 3 shall relocate its facilities as otherwise provided in this section. Level 3 may seek reimbursement for relocation expenses if such reimbursement is available pursuant to RCW 35.99. 6. Removal or Abandonment. Upon the removal from service of any telecommunications infrastructure or other associated facilities and amenities, Level 3 shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by Level 3 may be abandoned without the express written consent of the City. 7. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise Agreement, Level 3 shall, upon the request of the City, furnish a bond executed by Level 3 and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of Level 3 obligations under this Franchise Agreement. At such time that installation, improvement and construction have been completed, the bond amount shall be reduced to an amount approved by the City. At Level 3's sole option, Level 3 may provide alternate security in the form of an assignment of funds or a letter of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that Level 3 shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and to repair or replace any defective work or materials discovered in the City's roads, streets, or property. 8. "One Call" Location and Liability. Level 3 shall subscribe to and maintain membership in the regional "One- Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to Level 3's system components or for interruptions in service to Level 3 customers which are a direct result of work performed for any City project for which Level 3 has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the Level 3 system components or for interruptions in service to Level 3 customers resulting from work performed under a permit issued by the City. 9. As Built Plans Required. Level 3 shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current Autocad version prior to close -out of any permits issued by the City and any work undertaken by Level 3 pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. 10. Recovery of Costs. Level 3 shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Level 3 shall pay such reasonable costs and expenses directly to the City. 11. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest Franchise 9/17/04 3 of 7 in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to Level 3, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to Level 3 by reason of such termination other than those provided for in RCW 35.99. Section 6. Franchise Compliance. A. Franchise Violations. The failure by Level 3 to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City which describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If Level 3 has not attained full compliance at the end of the 30 day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 day period. B. Emergency Actions. 1. If any of Level 3's actions, or any failure by Level 3 to act to correct a situation caused by Level 3, is deemed by the City to create a threat to life or property, the City may order Level 3 to immediately correct said threat or, at the City's discretion, the City may undertake measures to correct said threat itself; provided that, when possible, the City shall notify Level 3 and give Level 3 an opportunity to correct said threat before undertaking such corrective measures. Level 3 shall be liable for all costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by Level 3 and shall further be liable for all costs, expenses, and damages resulting to the City from such situation, and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by Level 3 to take appropriate action to correct a situation caused by Level 3 and identified by the City as a threat to public or private safety or property shall be considered a violation of franchise terms. 2. If during construction or maintenance of Level 3's facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, Level 3 or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of Level 3's failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific performance and /or damages. D. Removal of System. In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, Level 3 shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow Level 3 to abandon its facilities in place. Section 7. Insurance. A. Level 3 shall maintain liability insurance written on a per occurrence basis during the full term of this Franchise for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name as additional insured, the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. Franchise 9/17/04 4 of 7 C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits and Approvals. Nothing in this agreement shall relieve Level 3 from any obligation to obtain approvals or necessary permits from applicable federal, state and City authorities for all activities in the Franchise Area. Section 9. Transfer of Ownership. The rights, privileges, benefits, title, or interest provided by this Franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any rights, title, or interest in Level 3's system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this Franchise, or if such transfer is from Level 3 to another person or entity controlling, controlled by, or under common control with Level 3. Level 3 may in the ordinary course of its business without prior written notice to the City: 1. Lease its facilities, or any portion thereof, to another person; 2. grant an indefeasible right of user interest in its facilities or any portion thereof, to another person; or 3. offer or provide capacity or bandwidth from its facilities to another person, provided that Level 3 at all times retains exclusive control over its facilities and remains responsible for locating, servicing, repairing, maintaining, relocating, or removing its facilities pursuant to the provisions of this agreement. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington, the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. Level 3 warrants that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82.04.065. B. Level 3 shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include but not be limited to wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of the City's rights -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise approval. C. In the event Level 3 submits a request for work beyond the scope of original franchise, or submits a complex project that requires significant comprehensive plan review or inspection, Level 3 shall reimburse City for franchise amendment and expenses associated with the project. Level 3 shall pay such costs within 30 days of receipt of bill from the City. D. Failure by Level 3 to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6A of this ordinance. Section 11. Notices. Any notice to be served upon the City or Level 3 shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Franchise 9/17/04 5 of 7 Level 3 Communications, LLC Attn: Director, Network Compliance and Mitigations 1025 Eldorado Boulevard Broomfield, CO 80021 In case of dispute, with a copy to: Level 3 Communications, LLC Attn: General Counsel 1025 Eldorado Boulevard Broomfield, Colorado 80021 Section 12. Claims for Damages. A. Level 3 shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation and maintenance of its structures and facilities. Level 3 shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of Level 3, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Level 3 by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to Level 3's obligation pursuant to this section, the City shall within a reasonable time notify Level 3 thereof and Level 3 shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to Level 3's obligation pursuant to this section, the City shall promptly notify Level 3 thereof, and Level 3 shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, Level 3 may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require Level 3 to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between Level 3 and the City, Level 3's obligations under this paragraph shall only extend to its share of negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the City may, at its sole option, deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the City may elect to treat the portion declared invalid or unconstitutional as severable and enforce the remaining provisions of this ordinance; provided that, if the City elects to enforce the remaining provisions of the ordinance, Level 3 shall have the option to terminate the Franchise Agreement. Section 14. Indemnification. Except to the extent that any claims, liability, loss, cost, judgments, or damages are due to the negligence or intentional acts of the City, its employees, agent or independent contractors, Level 3 agrees and covenants to indemnify, defend and hold harmless the City, its officers, employees, agents, and representatives from and against any and all claims, liability, loss, cost, judgments, Franchise 9/17/04 6 of 7 damages, whether to persons or property, or expense of any type or nature, including reasonable attorney's fees and expert witness fees, to the extent it arises from any negligent act or omission or willful misconduct of Level 3, its successors and assigns arising from or connected to Level 3 work under this Franchise, provided however, that in case any suit or action is instituted against the City by reason of any such damage or injury, City shall: 1. cause written notice thereof to be given unto Level 3; and 2. provide all reasonably requested assistance in defense or settlement of such claim at Level 3's expense; and 3. retain the right to control the defense or settlement of such claims. Section 15. Reservation of Rights. The parties agree that this Franchise Agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this Franchise Agreement or any local ordinance which may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this Franchise Agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this Franchise Agreement does not constitute a waiver of any rights or obligations by either party under the law. Section 16. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. Level 3 Communications shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right of way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 17. Future Rules, Regulations, and Specifications. Level 3 acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to Level 3 Communications, shall thereafter govern Level 3's activities hereunder, provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect Level 3's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to Level 3 and other similar users of such facilities. Section 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 2D day of 2004. ATTEST /AUTHENTICATED: G bv`1 Steven M. Mullet, Mayor r Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: 0QJI U APPROVED AS F BY: Passed by the City Council: Oq 2l) 0 4 Published: Oq- 24 ()Li. Effective Date: 09. ,2,q OLL Office of the City torney Ordinance Number: 2, 010 Franchise 9 /17/04 7 of 7 EXHIBIT A DESCRIPTION OF LEVEL 3 COMMUNICATIONS, LLC EXISTING AND PROPOSED NETWORK WITHIN TUKWILA, WA. The current Level 3 Longhaul Network passes though the City of Tukwila 1) along BNSF Rail Road Right of Way "BNSF ROW and local streets north of S Norfolk Street going into Seattle, and 2) along local streets and UP Rail Road Right of Way "UP ROW to the south of S Norfolk Street going towards Olympia, WA. The Level 3 Metro Network in Tukwila will start at the manhole located on Airport Way South in Seattle and will cross into Tukwila on S Norfolk Street. From this point it will head west along S Norfolk Street to the intersection of S Norfolk Street and E Marginal Way where it will tie into the proposed metro network. From the intersection of S Norfolk Street and E Marginal Way, the Network proceeds south along E Marginal Way. At the intersection of E Marginal Way and Boeing Access Rd, the Network transitions to SR 99 /Tukwila International Blvd. The Network continues south along SR 99 /Tukwila International Blvd. to a point just north of the intersection of SR 99 /Tukwila International Blvd. and S 130th St where the Network ends. At station 1458 +48 on the Wiltel Portland to Seattle as -built drawings there is a portion of the Network constructed from a Level 3 manhole to an International Gateway West, LLC manhole. In addition to the existing network described above, Level 3 has proposed plans to build a conduit system from AboveNet Communication's existing network located in a 360 Networks joint use manhole at the intersection of Interurban Avenue South and SW Grady Way to the Level 3 manhole located at SW Grady Way and Longacres Dr. SW. Franchise Exhibit A 9/17/04 1 of 1 a tL S 112 St BOO S11 St I Cc d A4 n Q n S 137 ts Q 0) r 0) Q 0 Q �ti) S S144St N m a S 1�6 St I I If 5 WI J S 148IStI Q 1 4 �S 47 1 2 ti/ 1 1 S150St1 7 S152St I 0) 0 0 S 139 S rh ent N Tukwll a Pky w 3 Strarlder �1id Trec Dr 5 a S S156 St S158S I S 160 St Cal O oa 0 0 °9 n tom, (D 0 a JCY S 0 9 0 Corporate Dr N Corporate Or S Minkler Upland Dr >6. Level 3 Communications Exhibit A Midland Dr Trlland Or S 180 St Blvd Map Legend Level 3 Longhaul Network Proposed Metro Network 0 °c0 City Limits 1 Costco f Z NOT TO SCALE Lt Date: September 1, 2004 I 4 Date: /Z L i City of Tukwila City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Ordinance No. Dear Ms. Cantu: Sincerely, J! Si i ti re 71.1_ C Printed Name Title FRANCHISE AGREEMENT ACCEPTANCE FORM LEVEL 3 COMMUNICATIONS, LLC Franchise Exhibit B 9/17/04 1 of 1 EXHIBIT B Adopted 5e4. 200L/ In accordance with and as required by Section 44 of City of Tukwila Ordinancq No. Z c I passed by the City Council and approved by the Mayor on 540 21; 1 '2-e d (t (the "Ordinance Level 3 Communications, LLC hereby accepts the terms, conditions and obligations to be complied with or performed by it under the ordinance. SUMMARY OF ORDINANCE No. 2061 City of Tukwila, Washington On September 20, 2004, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2061, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A FIBER OPTIC TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF- WAY IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at their Regular meeting on September 20, 2004. Published Seattle Times: September 24, 2004. Jane E. Cantu, CMC, City Clerk