HomeMy WebLinkAboutOrd 1970 - Street Vacation Procedures (Repealed by Ord 1995) R
Amended by 1981
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C ity
Washington
Ordinance No. 970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TMC CHAPTER 11.60,
THE CITY'S STREET VACATION PROCEDURES; REPEALING
ORDINANCE NOS. 1087 AND 1571; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, street vacation fees will be removed from TMC 18.88; and
WHEREAS, Public Works has accepted responsibility for street vacation processing; and
WHEREAS, the City desires its code to reflect current procedures, require provision for
legal access to existing lots, provide for property trade in lieu of compensation, and put forth
an application expiration date and age limit for property appraisal;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 11.60, Street and Alley Vacation Procedures, is hereby amended to read
as follows:
11.60.010 Purpose. This chapter establishes street vacation policies and procedures
regarding petition for vacation by owner(s) of an interest in any real estate abutting a street
right -of -way pursuant to RCW 35.79.
11.60.020 Definitions.
A. "Department" means the City of Tukwila Public Works Department.
B. "Street" means any street or alley or any part thereof within the City limits.
11.60.030 Streets Abutting Water. Streets abutting water shall not be vacated unless in
compliance with RCW 35.79.030.
11.60.040 Filing.
A. The petition for street vacation shall be submitted to the Department. The complete
application shall include a completed petition form, a check payable to the City in the amount of
$120.00 for the vacation application fee, a vicinity map, a tax assessor's map showing all
properties abutting the vacation, total of assessed land value proposed for vacation, an
appraisal per TMC 11.60.050, and mailing labels for all property owners within 500 feet of the
vacation boundaries.
B. A completed petition form shall be one that is signed by owners of more than two
thirds of the properties abutting the street proposed for vacation.
C. If the assessed value of the land proposed for vacation is greater than $10,000, the
complete application shall include a fair market appraisal.
D. The petition and application expire two years from date of application, if the vacation
conditions have not been met and compensation paid.
Str -Alley Vac Proced 5- 01.doc 1
11.60.050 Valuation and Compensation.
A. The value of the right -of -way proposed for vacation shall be determined utilizing
either of two methods: First, based on the assessed value of land abutting the street or, second,
on an appraisal which was conducted no more than 3 months prior to the date of the
application for vacation. Under the first method, the value shall be calculated by multiplying
the total square footage of right -of -way by the assessed value per square foot of the abutting
land, as set by the County Department of Records and Elections and the County Assessor's
office. Under the second method of calculation, a real property appraisal from a member of the
American Institute of Real Estate Appraisers will be conducted.
B. If the calculated value is less than $10,000.00, the calculated value shall be used as the
right -of -way value. If the calculated value is $10,000 or more, then the right -of -way value shall
be set under the second method above.
C. Compensation shall be one -half of the valuation, except any part of the right -of -way
acquired at public expense shall be compensated at the full valuation.
11.60.060 Property Trade in Lieu of Payment. The petitioners may grant or dedicate to
the City, for street or other purposes, real property which has a fair market value, set by an
appraisal less than three months old, at least equal to the compensation value set in TMC
11.60.050.
11.60.070 Waiving Compensation Other Governmental Agencies. For a vacation
petitioned by another governmental agency, the City Council may waive compensation
required by this code and may waive the filing fee, if the Council determines the waiver is in the
public interest. In this case, the petitioner shall record a covenant at King County Records that
provides the City compensation by the current fair market value, for future sale or lease by the
governmental agency of the vacated property.
11.60.080 Title to Vacated Street. The title to the vacated street shall be granted equally to
abutting property owners.
11.60.090 Procedure.
Once the Department receives a complete application, the Department shall:
1. Propose a resolution to the City Council fixing a time, pursuant to RCW 35.79.010,
when the matter will be heard.
2. Forward the petition and resolution to all City departments and all concerned
utilities for review and comment.
3. Post on -site notification of the public hearing per RCW 35.79.020.
4. Provide notification of the public hearing to all property owners within 500 feet of
the right -of -way proposed for vacation.
5. Provide the City Council all relevant information for decision deliberations during
the public hearing.
11.60.100 Limitations on Vacation. The vacation shall meet limitations on vacations
spelled out in RCW 35.79.030 and RCW 35.79.035, and shall not prevent legal access to public
right -of -way for any existing lot.
11.60.101 Approval of Vacation. If the City Council approves all or part of a proposed
vacation, it shall, by ordinance, vacate the property pursuant to RCW 35.79.030. The ordinance
shall contain the valuation and compensation amounts, and all conditions that shall be met
before the vacation is effective.
11.60.102 Effective Date of Vacation. The vacation shall be effective after the parties
acquiring the land have compensated the City and have met all conditions of the ordinance, and
all relevant documents have been recorded with King County Records.
Str -Alley Vac Proced 5- 01.doc 2
Section 2. Repealer. Ordinance Nos. 1087 and 1571 are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 4. 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 and effect five (5) days
after passage and publication as provided by law, provided that the vacation specified above
shall not become effective until the persons acquiring the land have compensated the City and
met all conditions of the ordinance and all relevant documents have been recorded with King
County Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this o2 d day of C-iL.L- 2001.
(V)
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
a E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the Ci(Attorney
FILED WITH THE CITY CLERK: E P-- 6 I
PASSED BY THE CITY COUNCIL: g, c c7
PUBLISHED: g -2 q -O
EFFECTIVE DATE: g, 21-
ORDINANCE NO.: q 7 p
Str -Alley Vac Proced 5- 01.doc 3
EXHIBIT B
MCI WORLCOM NETWORK SERVICES INC.
TELECOMMUNICATIONS FRANCHISE
TERMS AND CONDITIONS
The intent of this exhibit is to set forth the standards and requirements to be met by MCI
WORLDCOM Network Services (MWNS), during their construction activity proposed for the
route as defined below:
a. Leg 1: Route begins on the Burlington Northern Santa Fe railroad right -of -way 585
feet east of the intersection of S 130th St and 50th Place S. Route parallels S 130th to the
intersection of 50th Place S and S 130th St then continues northerly beneath 50th Place S. Route
continues northwesterly to the intersection of S 125th St and 50th Place S; then west beneath
50th Place S to the north side of S 125th St. Alignment will continue south across the
Duwamish River to a private easement in the vicinity of the Gateway Corporate Center.
b. Leg 2: Route begins on the northwest side of 56th Ave S then heads on a westerly
direction to the Duwamish River Bridge. Alignment will parallel Interurban Ave S and head
north to 48th Ave S. On 48th Ave S, route continues east for approximately 800 feet Then north
crossing beneath 48th Ave S for 38 feet on to private property.
c. Leg 3: Route enters City from the Black River Junction in the City of Renton to S
143rd St. then northwesterly to Interurban Ave S. Alignment continues on Interurban Ave S
and turns east on the north Gateway Drive entrance. Route continues east on Gateway Drive
to a private easement terminating the route in the MCI fiber facility.
Definitions:
Utility Corridor: A specifically designated corridor where future utility infrastructure is
planned in order to meet planned utility needs.
Directional Bore: A minimally- invasive construction technique in which conduit is placed
by boring pipe under the surface, and then the conduit pulled back to the start point. This
method of construction minimizes damage to the right -of -way, as well as the potential for
failing trenches.
Holidays: New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving, and Christmas.
Trench and Place: This is a method of construction in which the surface material (pavement,
sidewalk, landscaping) is removed, and a trench is dug in order to place conduit.
Telecommunications Franchise Exhibit B Page 1
J
WHEREAS, ELI has determined that it is in their best interests to move forward with the
installation of facilities within the public rights prior to the completion of the
comprehensive rights -of -way use and management plan and has agreed to abide by the terms
and conditions of such a plan once it has been completed;
Elec Lightwzae franchise 8- O1.dac 1
NOW, THEREFORE, THE C1TY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Non exclusive Temporary Franchise Granted.
A. The City of Tukwila hereby grants to ELI, 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 an
underground telecommunication transmission system, which includes fiber -optic cable, within
the City owned rights -of -way generally described below, and shown in Exhibit A, and
hereinafter referred to as the "Franchise Area":
1. East Marginal Way South from north City limits to South Norfolk Street;
2. Norfolk Street from East Marginal Way South easterly to the intersection with
Tukwila City limits;
3. East Marginal Way South from South Norfolk Street southerly to South 120"
Street;
4. South 120" Street from East Marginal Way South, easterly to its terminus;
5. East Marginal Way South from South 120th Street to South 128's;
6. South 128" Street from East Marginal Way South easterly to 42nd Avenue South;
7. Forty- second Avenue South from South 128" northerly to intersection with
Interurban Avenue South;
8. Interurban Avenue South from 42nd Avenue South southerly to the intersection
with Gateway Drive;
9. Gateway Drive from its intersection with Interurban Avenue South east of South
133rd Street to where it again intersects with Interurban Avenue South further to the north;
10. Interurban Avenue South from the northern most intersection with Gateway
Drive southerly to the intersection with Interstate 405 right-of-way;
11. Fun Center Way from its intersection with Interurban Avenue South to where it
intersects with Grady Way;
12. From the intersection of the Burlington Northem railroad and the Bow Lake
Pipeline easement, then west along the Bow Lake Pipeline Easement to the Tukwila Interurban
Bike Trail, then south along the Bike Trail to the south side of the intersection of the Tukwila
Bike Trail and South 180" Street;
13. From the south side of the intersection of 72nd Avenue South and South 180"
Street, then west along the north side of South 180th to the intersection of South 180" and
Andover Park West, then south to the southwest corner of the intersection of South 180" Street
and Andover Park West, then on the north side of South 180th west approximately 8,825 feet;
14. From the intersection of Southcenter Parkway /57th Avenue South and S 180th
Street, then south to end of City limits.
B. Such franchise shall not be deemed to be exclusive to ELI 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 Agreement has been granted to ELI; provided that
such other franchises do not unreasonably interfere with ELI's exercise of franchise rights
granted herein as determined by the City. This franchise shall in no way interfere with
Elec Lightw1ve franchise 8- 01.doc 2
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.
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, including, but not limited to approving
additional routes and projects.
Section 3. 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 in Section 4.
1. Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the Franchise Area without first obtaining a
Franchise Utility Permit from the City of Tukwila, Department of Public Works. In case of an
emergency, ELI shall, within 24 hours of the emergency, obtain a Franchise Utility Permit from
the City of Tukwila Department of Public Works.
2. Coordination. All capital construction projects performed by ELI within the
franchise area shall be inspected by a contract 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 ELI within the Franchise Area shall be conducted
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 City of Tukwila standards in effect at
the time that such activities take place, and as detailed in Exhibit B.
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. When the City determines that it is necessary for any of ELI's
facilities or other system components to be moved or relocated to accommodate the
maintenance, construction, or enhancement of any City owned public amenity in the franchise
area, the City shall notify ELI in writing of such determination, and ELI shall promptly submit
plans for such relocation. Within 90 days of the approval by the City of the plans for
relocation, ELI shall relocate those facilities or structures designated by the City. All costs of
moving or relocating such facilities or structures, including but not limited to costs for design,
engineering and construction, shall be the sole responsibility of ELI, except where ELI had
paid for the relocation cost at request of the City within the past five years. Relocation must be
done in compliance with existing statutes.
6. Removal or Abandonment. Upon the removal from service of any transmission
lines or other associated structures, facilities and amenities, ELI 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 transmission facilities.
7. Performance Bond. The Public Works Director for the City of Tukwila reserves
the right to require ELI to obtain a performance bond for any work which the Director deems
to pose a threat to any property or public safety. Such bond shall be issued by a company
licensed by proper authority of the State of Washington and shall be filed with the City Clerk's
Office until release is authorized by the Public Works Director.
Elec Light franchise 8 -01_dnc 3
8. "One -Call` Location Liability. ELI 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 system components or
for interruptions in service to ELI customers which are a direct result of work performed for
any City project for which ELI 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 ELI system components or for interruptions in service to ELI customers
resulting from work performed under any Franchise Utility Permit issued by the City.
9. City Provided Conduit. In those areas of the City where the City has installed
its own conduit, ELI shall utilize such conduit under separate lease agreement with the City.
The terms and conditions governing the lease of such conduit shall be negotiated and such
lease may be provided at a reasonable rate.
10. As -Built PIans Required. ELI 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 AutoCAD 14, or a more recent release, prior to close-out
of any Franchise Utility Permit issued by the City and any work undertaken by ELI pursuant
to this Franchise Agreement. The City shall determine the acceptability of any as -built
submittals provided under this section.
Section 4. Franchise Compliance.
A. Franchise Violations. The failure by ELI to fully comply with any of the provisions
of this Franchise Agreement may result in a written notice from the City that describes the
violations of the Franchise Agreement and requests remedial action within thirty (30) days of
receipt of such notice. If ELI has not attained full compliance at the end of the thirty (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 thirty (30) day period. The demonstration of due diligence on
the part of ELI may be grounds for the grant of an extension in the period during which
compliance is to be attained; provided that ELI continues to pursue correction of any
violations of the Franchise Agreement noted by the City.
B. Emergency Actions.
1. If any actions by ELI result in a situation deemed by the City to create a threat to
life or property, the City may declare an immediate termination and forfeiture of all Franchise
Agreement terms and privileges. Such termination and forfeiture shall be effective upon
delivery of written notification to ELL In the event that this Franchise is terminated under
emergency threat to life or property, ELI shall be liable for all costs and expenses necessary to
restore safety or correct the sources of any emergency threats.
2. If during construction or maintenance of ELI'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, ELI 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 ELI's failure to comply with the provisions of this
Franchise Agreement, to include but not limited to, the City's right to sue for specific
performance and /or damages.
D. Removal of System. In the event that this Franchise Agreement is lawfully
terminated as a result of violations of the terms of this Franchise Agreement, ELI shall, at its
sole expense, promptly remove all transmission system components and facilities, provided
that the City, at its sole option, may allow ELI to abandon its facilities in place.
Elec Lighfwrwe franchise 8- 01.doc 4
Section 5. Insurance.
A. ELI 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 minimum amounts stated below per separate occurrence and shall be adjusted
depending on project complexity and risk:
1. Personal Injury $2,000,000 per person $5,000,000 per occurrence.
2. Property Damage $2,000,000 per claimant $5,000,000 per occurrence.
3. $1,000,000 for all other types liability including claims for damages for invasion
of the right of privacy; for defamation of any person, firm, or corporation; for the violation or
infringement of any copyright, trademark, trade name, service mark or patent; or, for damage
to any other person, firm, or corporation arising out of or alleged to arise out of failure to
comply with the provisions of any statute, regulation or resolution of the United States, State
of Washington, or any local agency with jurisdiction.
B. Such insurance shall specifically name as additional insured the City of Tukwila, its
officers, and employees, and shall further provide that it cannot be revoked, canceled, or
reduced without sixty (60) days advance written notice to the City. ELI shall annually provide
proof of such insurance to the City Clerk's Office.
Section 6. Other Permits and Approvals. Nothing in this agreement shall relieve ELI
from any obligation to obtain approvals or necessary permits from applicable federal, state,
and City authorities for all activities in the Franchise Area.
Section 7. Transfer of Right -of -Way Franchise.
A. The rights, privileges, benefits, title, or interest provided by this right -of -way
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 of any rights, title, or interest in Eli's telecommunication system in order to
secure indebtedness. Approval shall not be required for mortgaging purposes provided that
the collateral pledged for any mortgage shall not indude the assets of this franchise. Approval
shall not be required for a transfer if such transfer is from ELI to another person or entity
controlling, controlled by, or under common control with ELI.
B. Any administrative costs associated with a transfer of this franchise which requires
the approval of the City, shall be reimbursed to the City within thirty (30) days of such
transfer.
Section 8. Franchise Term. The franchise rights granted herein shall remain in full force
and effect for a period of three (3) years from the effective date of this ordinance, or one
hundred eighty (180) days from the adoption by the City Council of a rights -of -way use
management plan prescribing new terms and conditions under which ELI may occupy City
rights -of -way, whichever shall occur first; provided that ELI files with the City CIerk a
document acknowledging consent to the terms and conditions herein in the form attached
hereto as Exhibit C. Failure on the part of ELI to file said consent within thirty (30) days of the
effective date of this ordinance shall void and nullify any and all rights granted under this
Franchise Agreement.
Section 9. Administrative Fees.
A. ELI shall be subject to a $3,000 administrative fee for reimbursement of all costs
associated with the preparation, processing, and approval of this Franchise Agreement. These
costs shall include but not 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 City's right -of -way.
Elec Lightwavefranchise 8- 01.doc 5
Administrative fees exclude normal permit processing fees. Payment of the one -time
administrative fee is due thirty (30) days after franchise approval.
B. In the event ELI submits a request for work beyond the scope of this Franchise
Agreement, or submits a complex project that requires significant comprehensive plan review
or inspection, ELI shall reimburse City for reasonable and documented expenses associated
with the project. ELI shall pay such costs within thirty (30) days of receipt of itemized bill
from the City.
C. Failure by ELI 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 4.A of this ordinance.
Section 10. Capacity for City Use. The City anticipates the future need for data
transmission and communications connections that will require telecommunications capacity
in ELI fiber -optic system in the City. The terms and conditions including the provision of
additional consideration for the use of such capacity by the City shall be negotiated under
separate agreement between the City and ELI. The provision of such capacity by ELI for City
needs shall not be unreasonably withheld.
Section 11. Notices. Any notices to be served upon the City or ELI shall be delivered to
the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
ELECTRIC LIGHTWAVE, iNC.
ATTN: Legal Department
4400 NE 77th Avenue
Vancouver, WA 98662 -6706
Section 12. Claims for Damages.
A. In the construction, installation, repair, operation, and maintenance of its structures
and facilities, ELI shall use reasonable and appropriate precautions to avoid damage to
persons or property. ELI shall indemnify and save harmless the City from all claims, actions
or damages of every kind or description, 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 ELI, its officers,
agents, servants or employees, carried on in the furtherance of the rights, benefits, and
privileges granted to ELI by this Franchise Agreement. In the event any daim or demand is
presented to or filed with the City which gives rise to ELI's obligation pursuant to this section,
the City shall within a reasonable time notify ELI thereof and ELI 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 ELI's obligation pursuant to this section, the City shall promptly
notify ELI thereof, and ELI 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, ELI 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 ELI 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 sole negligence of the City.
Elec L ghtwave franchise 8- 01.doc 6
B. To the extent of any concurrent negligence between ELI and the City, ELI 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
Agreement 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 franchise 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 reraining provisions of the ordinance, ELI shall have the
option to terminate the Franchise Agreement.
Section 14. Indemnification.
ELI assigns, agrees and covenants to indemnify and hold harmless the City of Tukwila
from and against any and all liability, loss, cost, 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 ELI, its
successors and assigns arising from or connected to ELI 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 ELI; and
2. provide all reasonably requested assistance in defense or settlement of such
claim at ELI's expense; and
3. retain the right to control the defense of settlement or such claims.
Section 15. Reservation of Rights. The parties agree that this Agreement is intended to
satisfy the requirements of all applicable Iaws, administrative guidelines, rules, orders, and
ordinances. Accordingly, any provision of this 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 Agreement, it being the intention of the parties to preserve their
respective rights and remedies under the law, and that the execution of this Agreement does
not constitute a waiver of any rights or obligations by either party under the Iaw.
Section 16. Police Powers. Nothing contained herein shall be deemed to affect the City's
authority to exercise its police powers. ELI 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. 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.
ELI 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 ELI, shall thereafter govern ELI activities
hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect ELI rights pursuant to and in
accordance with this Franchise Agreement; or
Elec Lightmnae franchise 8- 01.doc 7
2. be applied in a discriminatory manner as it pertains to ELI and other similar user
of such facilities.
Section 18. Repealer. Ordinance Nos. 1764 and 1858 are hereby repealed.
Section 19. 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 and effect five (5)
days after passage and publication as provided by law.
PASSED BY THE CITY COLTN OF THE CITY TUKWILA, WASHINGTON, at a
Regular Meeting thereof this l; S day of L Lazi -d 2001.
CCf
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
.1,G_ '•z.i.
O ne E. Cantu, CMC, City Clerk
APPROVEDD AS TO FORM:
By
Office of the City ttorney
FILED WITH THE CITY CLERK: O/
J
PASSED BY THE CITY COUNCIL: 0-.1-0 J
PUBT.LSHED: Z 9 O f
EFFECTIVE DATE: g
ORDINANCE NO.: k
Elec Lightwave franchise 8 -01.dac 8
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EXHIBIT B
ELECTRIC LIGHTWAVE INCORPORATED
TELECOMMUNICATIONS FRANCHISE
TERMS AND CONDITIONS
The intent of this exhibit is to set forth the standards and requirements to be met by ELI
during their construction activity proposed for the route as defined below:
From the intersection of the Burlington Northern Railroad and the Bow Lake Pipeline
Easement, then west along the Bow Lake Pipeline Basement to the Tukwila Interurban
Bike Trail, then south along the Bike Trail to the south side of the intersection of the
Tukwila Interurban Bike Trail and South 180" Street.
From the south side of the intersection of 72nd Avenue South and South 180" Street, then
west along the north side of South 180" street to the intersection of South 180th and
Andover Park West, then south to the southwest comer of the intersection of South 180th
Street and Andover Park West, then also on the north side of South 180th Street west
approximately 825 feet.
From the intersection of Southcenter Parkway /57th Avenue South and South 180" Street,
then south to the end of City of Tukwila city limits.
This document takes into consideration the 2010 and 2020 City of Tukwila Comprehensive
Plans, and the planned designation of utility corridors within the City of Tukwila. These
standards will be strictly adhered to until such time as the City's long -term Right-of-Way
Management Plan is complete.
Definitions:
Utility Corridor: A specifically designated corridor where future utility infrastructure is
planned in order to meet planned utility needs.
Directional Bore: A minimally- invasive construction technique in which conduit is placed
by boring pipe under the surface, and then the conduit pulled back to the start point. This
method of construction minimizes damage to the right -of -way, as well as the potential for
failing trenches.
Holidays: New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving, and Christmas.
Trench and Place: This is a method of construction in which the surface material (pavement,
sidewalk, landscaping) is removed, and a trench is dug in order to place conduit.
Telecommunications Franchise Exhibit B Pagel
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WASHINGTON, DO ORDAIN AS FOLLOWS:
XO franchise 8 -01.doc 1
Section 1. Non exclusive Temporary Franchise Granted.
A. The City of Tukwila hereby grants to XO, 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 an
underground telecommunication transmission system, -which includes fiber -optic cable, for
within the City -owned rights -of -way generally described below, and shown in Exhibit A, and
hereinafter referred to as the 'franchise area':
I. From northern City Iimits at Airport Way South continuing west on Boeing Access
Road; continuing south on Interurban Avenue South, then to East Marginal Way to South 130
Street; then west on South 130 Street to Pacific Highway South.
2. That portion of Pacific Highway South from South 130 Street continuing north for
approximately 2,100 feet.
3. On Grady Way route continues westerly to Interurban Avenue South, then north
to approximately 150 feet south of 56 Avenue South.
B. Such franchise shall not be deemed to be exclusive to XO 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 XO; provided that such other franchises do not
unreasonably interfere with XO's exercise of franchise rights granted herein as determined by
the City. 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.
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; including, but not limited to approving additional
routes and projects.
Section 3. 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 in Section 4.
1. Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the franchise area without first obtaining a Franchise
Utility Permit from the City of Tukwila, Department of Public Works. In case of an emergency,
XO shall, within 24 hours of the emergency, obtain a Franchise Utility Permit from the City of
Tukwila Department of Public Works.
2. Coordination. All capital construction projects performed by XO within the
franchise area shall be inspected by a contract 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 XO within the franchise area shall be conducted 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 City of Tukwila standards in effect at the time that such
activities take place, and as detailed in Exhibit B.
XO franchise 8 -01.doc 2
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. When the City determines that it is necessary for any of XO's
facilities or other system components to be moved or relocated to accommodate the
maintenance, construction, or enhancement of any City -owned public amenity in the franchise
area, the City shall notify XO in writing of such determination, and XO shall promptly submit
plans for such relocation. Within 120 days of the approval by the City of the plans for relocation,
XO shall relocate those facilities or structures designated by the City. All costs for design,
engineering and construction of relocating XO's facilities or structures, shall be the sole
responsibility of XO except where XO had paid for the relocation cost at request of the City
within the past five years. Relocation must be done in a non discriminatory manner.
6. Removal or Abandonment. Upon the removal from service of any transmission
lines or other associated structures, facilities and amenities, XO 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 transmission facilities.
7. Performance Bond. The Public Works Director for the City of Tukwila reserves
the right to require XO to obtain a performance bond for any work which the Director deems to
pose a threat to any property or public safety. Such bond shall be issued by a company licensed by
proper authority of the State of Washington and shall be filed with the City Clerk's Office until
release is authorized by the Public Works Director.
8. "One -Call" Location Liability. XO shall subscribe to and maintain member-
ship 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 XO's system components or for
interruptions in service to XO customers which are a direct result of work performed for any City
project for which XO 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 XO system components or for interruptions in service to XO customers resulting
from work performed under a franchise utility permit issued by the City.
9. City provided Conduit. In those areas where the City has installed its own
conduit, XO may utilize where reasonably, economically, and technically feasible such conduit
under separate lease agreement with the City. Such agreement shall be negotiated as to the
specific terms and the lease shall be provided at a reasonable rate.
10. As -Built Plans Required. XO 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
Franchise Utility Permit issued by the City and any work undertaken by XO pursuant to this
Franchise Agreement. The City shall determine the acceptability of any as -built submittals
provided under this section.
Section 4. Franchise Compliance.
A. Franchise Violations. The failure by XO to fully comply with any of the provisions
of this Franchise Agreement may result in a written notice from the City that describes the
violations of the franchise and requests remedial action within thirty (30) days of receipt of such
notice. If XO has not attained full compliance at the end of the thirty (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 thirty (30) day period. The demonstration of due diligence on the part of XO may be grounds
for an extension in the period during which compliance is to be attained; provided that XO
continues to pursue correction of any violations of the Franchise Agreement noted by the City.
XO finnchise 8 -0I.doc 3
B. Emergency Actions.
1. If any of XO's actions, or any failure by XO to act to correct a situation caused by
XO is deemed by the City to create a threat to life or property, the City may order XO to
immediately correct said situation threat or, at the City's discretion, the City may undertake
measures to correct said situation threat itself; provided that, when possible, the City shall notify
XO of said threat and give XO an opportunity to correct said threat before undertaking such
measures itself. XO shall be liable for all costs, expenses, and damages attributable to the
correction of such an emergency situation as undertaken by the City to the extent that such
situation was caused by XO 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 thirty (30) days of written notice of the completion of such action or determination
of damages by the City. The failure by XO to take appropriate action to correct a situation caused
by XO and identified by the City as a threat to public or private safety or property shall be
considered a violation of franchise terms and each day that such a situation continues to exist
and XO fails to take appropriate action to abate said situation shall be regarded as a separate
violation.
2. If during construction or maintenance of XO'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, XO 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 XO's failure to comply with the provisions of this
Franchise Agreement, to include but not limited to, the City's right to sue 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, XO shall, at its sole expense,
promptly remove all transmission system components and facilities, provided that the City, at its
sole option, may allow XO to abandon its facilities in place.
Section 5. Insurance.
A. XO 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 following minimum amounts per separate occurrence:
1. $1,000,000 for personal injury or death to any one person and $2,000,000 aggregate
for personal injury or death per single accident or occurrence.
2. $1,000,000 for property damage to any one person and $2,000,000 aggregate for
property damage per single accident or occurrence.
3. $1,000,000 for all other types liability including claims for damages for invasion of
the right of privacy; for defamation of any person, firm, or corporation; for the violation or
infringement of any copyright, trademark, trade name, service mark or patent; or, for damage to
any other person, firm, or corporation arising out of or alleged to arise out of failure to comply
with the provisions of any statute, regulation or resolution of the United States, State of
Washington, or any local agency with jurisdiction.
B. Such insurance shall specifically name as additional insured, the City of Tukwila, its
officers, and employees, and shall further provide that the policy shall not be modified or
canceled during the life of the permit or Franchise Agreement without giving thirty (30) days
written notice to the City.
XO franchise 8- O1.doc 4
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 6. Other Permits and Approvals. Nothing in this agreement shall relieve XO
from any obligation to obtain approvals or necessary permits from applicable federal, state, and
City authorities for all activities in the franchise area.
Section 7. Transfer of Right of Way Franchise.
A. The rights, privileges, benefits, title, or interest provided by this right -of -way 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 XO telecommunication cable 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. Approval shall
not be required for a transfer if such transfer is from XO to another person or entity controlling,
controlled by, or under common control with XO.
B. Any administrative costs associated with a transfer of this franchise which requires the
approval of the City, shall be reimbursed to the City within thirty (30) days of such transfer.
Section 8. Franchise Term. The franchise rights granted herein shall remain in full force
and effect for a period of three (3) years from the effective date of this ordinance, or one hundred
eighty (180) days from the adoption by the City Council of a rights-of-way use and management
plan prescribing new terms and conditions under which XO may occupy City rights -of -way,
whichever shall occur first; provided that XO files with the City Clerk, a document
acknowledging consent to the terms and conditions herein in the form attached hereto as
Exhibit C. Failure on the part of XO to file said consent within thirty (30) days of the effective
date of this ordinance shall void and nullify any and all rights granted under this Franchise
Agreement.
Section 9. Administrative Fees.
A. Pursuant to 35.21.860 of the Revised Code of Washington (RCW), 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. XO does hereby
warrant that its operations as authorized under this franchise are those of a telephone business
as defined in RCW 82.04.065.
B. XO 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 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 City's right -of -way. Administrative fees exclude
normal permit processing fees. Payment of the one -time administrative fee is due 30 days after
franchise approval.
C. In the event XO submits a request for work beyond scope of original franchise, or
submits a complex project that requires significant comprehensive plan review or inspection, XO
shall reimburse City for reasonable costs associated with the project including any franchise
amendment. XO shall pay such costs within thirty (30) days of receipt of bill from the City.
D. Failure by XO 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 4.A of this ordinance.
X0 franchise 8- Ol.doc 5
Section 10. Capacity for City Use The City anticipates the future need for data
transmission and communications connections that will require telecommunications capacity
in XO's fiber -optic system in the City. The terms and conditions for the use of such capacity by
the City shall be negotiated under separate agreement between the City and XO. The provision
of such capacity by XO for City needs shall not be unreasonably withheld.
Section 11. Notices. Any notice to be served upon the City or XO shall be delivered to the
following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
XO Communications
1000 Denny Way
Suite 200
Seattle, WA 98109
Section 12. Claims for Damages.
A. In the construction, installation, repair, operation, and maintenance of its structures
and facilities, XO shall use reasonable and appropriate precautions to avoid damage to persons or
property. XO shall indemnify and save harmless the City from all claims, actions or damages of
every kind or description, 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 XO, its officers, agents, servants or
employees, carried on in the furtherance of the rights, benefits, and privileges granted to XO by
this Franchise. In the event any claim or demand is presented to or filed with the City which
gives rise to XO's obligation pursuant to this section, the City shall, within a reasonable time,
notify XO thereof and XO 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 XO's obligation pursuant to
this section, the City shall promptly notify XO thereof, and XO 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, XO
may, at its election and at its sole cost and expense, settle or compromise such suit or action.
Nothing herein shall be construed to require XO to:
L protect indemnify and/or save the City harmless from any claims, liability, loss,
cost, 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 sole negligence or willful misconduct of
the City, its officers, agents, servants, or employees.
B. To the extent of any concurrent negligence between XO and the City, XO'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 Cite sole cost and expense.
XO franchise 8 -0I.doc 6
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 franchise 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, XO shall have the
option to terminate the franchise.
Section 14. Indemnification. Except as otherwise set forth herein, XO assigns, agrees
and covenants to indemnify and hold harmless the City of Tukwila from and against any and all
liability, loss, cost, 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 XO, its successors and assigns arising from or
connected to XO 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 XO; and
2. provide all reasonably requested assistance in defense or settlement of such claim
at XO's expense; and
3. retain the right to control the defense of settlement or such claims.
Section 15. Reservation of Rights. The parties agree that this Agreement is intended to
satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and
ordinances. Accordingly, any provision of this 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 Agreement, it being the intention of the parties to preserve their
respective rights and remedies under the law, and that the execution of this 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. XO 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.
XO 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 XO, shall thereafter govern XO's activities
hereunder; provided, however, that in no event shall regulations:
I. materially interfere with or adversely affect XO's rights pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory atory manner as it pertains to XO and other similar user 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 and effect five (5) days
after passage and publication as provided bylaw.
XO franchise 8 -01.doc 7
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of _ci cL4
2001.
eve.4
Steven M. Mullet, Mayor
ATTEST/AUTHENTICATED:
c h Cam+ ic( 4eLz.,
]ae E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the eityTitomey
FILED WITH THE CITY CLERK: F-16 -01
PASSED BY THE CITY COUNCIL: G
PUBLISHED: 8 a'5 O
EFFECTIVE DATE: S I
ORDINANCE NO.: 7
XO franchise 8 -01.doc 8
EXHIBIT 13
XO COMMUNICATIONS, INC.
TELECOMMUNICATIONS FRANCHISE
TERMS AND CONDITIONS
The intent of this exhibit is to set forth standards and requirements to be met by XO during
their construction activity proposed for the route as defined below:
On Grady Way, route continues westerly to Interurban Avenue South,
then North to approximately 150 feet south of 56th Avenue South.
This document takes into consideration the 2010 and 2020 City of Tukwila Comprehensive
Plans, and the planned designation of utility corridors within the City of Tukwila. These
standards will be applied and strictly followed until such time as the City's long -term Right
of -Way Management Plan is complete.
Definitions:
Utility Corridor: A specifirally designated corridor where future utility infrastructure is
planned in order to meet planned utility needs.
Directional Bore: A minimally-invasive construction technique in which conduit is placed
by boring pipe under the surface, and then the conduit pulled back to the start point. This
method of construction minimizes damage to the right-of-way, as well as the potential for
failing trenches.
Holidays: New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving, and Christmas.
Trench and Place: This is a method of construction in which the surface material (pavement,
sidewalk, landscaping) is removed, and a trench is dug in order to place conduit.
Manhole: An underground structure placed along the conduit path to allow access to the
conduit and cable.
Handhold: An underground structure not intended for placement in areas with vehicular
traffic. Can be placed under surface (requires digging to expose) or flush with sidewalk
panels (normally in a sidewalk panel).
Pot holing: A method of physically exposing existing utilities in the area of proposed
construction.
Restoration: The process of restoring the right -of -way after construction activity is complete.
Telecommunications Franchise Exhibit B Page 1
Cable: For the purposes of this document, a cable will be defined as a fiber optic cable.
Traffic Control: All traffic lane dosures and pedestrian re- routing will require Traffic
Control Plans to be submitted 48 hours in advance. No daytime closures will be allowed in
areas of extreme congestion.
General Route Placement Identification:
Conduit along the above identified route will be placed, wherever possible, off the main
roadway. XO plans identify placement primarily by directional boring, except where an
open cut is specifically approved by the City Engineer.
Required Method of Construction:
While the City of Tukwila requests directional bore be used wherever possible, we recognize
that the amount of conduit to be placed makes this technique costly and time- consuming.
Because of this fact, trenching will only be allowed in extreme cases of hardship. XO must
demonstrate this hardship by utilizing Quality level A Subsurface Utility Engineering (SUE).
SUE is an engineering process for accurately mapping underground utilities. XO must use
APS for this SUE work, or Tukwila approved equivalent SUE provider. Contact APS at (425)
3134034.
Directional bores are shown on XO's construction plans.
Permits:
The City of Tukwila will issue only those permits for streets, sidewalks and right -of -way
controlled by the City. XO is responsible for identifying and obtaining all other required
permits from State, Private and Federal agencies.
Traffic Control:
XO will be required to maintain a minimum of one lane of traffic in each direction during
construction activity. Flagmen and positive traffic control signage will be required. A
detailed plan for traffic control should be submitted to the City 48 hours in advance of the
work beginning.
The primary purpose of traffic control is to maintain the safety of vehicular and pedestrian
traffic during construction activity. Any deviations that cause a potentially hazardous
situation during this activity will require immediate correction.
Telecommunications Franchise Exhibit B Page 2
VV U!!L 1l ULL/ JACJL/ LC.LLUl &J.
When working in the City Right -of -Way, XO shall comply with Chapter 8 of the Tukwila
Municipal Code. Upon completion of plan review, and prior to permit approval, City and XO
Representatives will meet and work out specific work hour schedules that minimizes right
of -way impact.
Manhole, Stub Conduit, and Citu Conduit Placement:
Manholes (or handholes) will be required at or near (within 75 feet) the following north-
south; east -west corridors: TBD.
NOTE: Stub- Conduit will only be required at points where the conduit is placed in the
roadway at these intersections. Manholes or handholes will be placed where the conduit is in
the sidewalk or on the shoulder of the roadway.
Placement of two (2) 2" PVC Schedule 80 (Schedule 40 is acceptable in areas outside the
roadway and in bore casings) conduits for future City use shall include Utility Vault
manholes, model No. 411 with lids labeled 'City of Tukwila', at all major intersections for
City use only.
Utility Locates:
Construction locates will be called out prior to all construction activity in accordance with the
State of Washington One -Call system requirements. The Utility Locate Center telephone
number is 1- 800 424-5555.
Restoration Reauirerents:
Restore all disturbed areas of the right -of -way to conform to the specific restoration require-
ments identified in the City of Tukwila Infrastructure Design and Construction Standards,
and the WSDOT /APWA Standard Specifications.
In general, the right -of -way will be restored to equal or better condition immediately
following conduit placement. Photographs and videos showing the before condition must be
submitted, with labels of locations prior to work commencing in that vicinity.
When weather conditions prevent immediate restoration, the City Inspector will be notified,
and a schedule for restoration will be determined.
Where sidewalk panels are damaged in any way, they will be replaced, unless the City
Inspector gives written permission otherwise.
Telecommirnications franchise Exhibit B Page 3
Where roadway surface is damaged in any way, the contractor will restore trench following
the City standard patch detail.
The materials removed from the trench will not, under any circumstance, be used to backfill
after placement of the conduit. The following trench standards will be followed:
0 All trench edges will be saw -cut on both sides of the trench prior to replacement of
surface material. See Tukwila standard RS-3.
0 Minimum cover from top of conduit to road surface will be 42
0 Backfill will be 5/8" Minus Compacted Crushed Rock outside roadway areas and
will be controlled density fill in all roadway areas.
0 Concrete sub -base will be placed at a depth equal to 150% of the existing sub -base
that was removed. Where no sub -base existed, concrete sub -base will be a
minimum of 6" depth.
0 Asphalt concrete or bituminous plant mix replacement will be placed at a
minimum depth of 4" above the concrete sub -base. The asphalt patch will be
placed in a "T" -cut manner to a distance of 8" on both sides of the trench.
0 Compaction of the backfill will be at 95% of maximum density, in 6" lifts.
Determination of adequacy will be by Nuclear gauge.
0 Where the conduit is placed under the sidewalk the backfill material identified
above will be used, but will be placed to the point where the sidewalk panel will be
poured.
Trench CutMiti'ation Fee:
The City of Tukwila Right of Way Management Plan provides documentation that trench
cuts cause damage to adjacent pavements, that the damage is significant, and that a
substantial asphalt concrete overlay is required to replace the loss of structural strength to the
street. The damaged is considered to impact the entire roadway lane width. For portland
cement concrete roadways, the entire slab is considered damaged and will require entire
replacement. The City has studied these cost impacts and has formulated the following fee
schedule, as a pavement trench cut mitigation fee, that is based on the square foot (SF)
measurement of the impacted roadway lane width:
Telecommunications Franchise Exhibit B p age 4
pP oxi riat y t-Ei eme_n
_'T•r '1. tic..-_ "e
y zReminin -8I22
1 s) tii faniatk
20 -15 (100%) I $10.00
15 -10 (75 1 $7.50
10 -7 (50 1 $5.00
7 -5 (33 1 $3.30
5 2 (25 1 $2.50
2 4 (10 1 $1.00
0 to 1 1 $0.00
Cleanup:
Cleanup will take place on a daily basis. No spoils will be left in the right-of-way, and spoils
w ill not be allowed to invade any area outside the designated work area during construction
activity.
Warrantw
All work performed will be warranted for a minimum of one year from the date of formal
acceptance by the City of Tukwila.
Dated: July 12, 2001
Telecommunications Franchise Exhibit B Page 5
EXHIBIT C
Franchise Acceptance Form
Date:
City of Tukwila
Attn: City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Ordinance
Adopted
Dear Ms. Cantu:
In accordance with and as required by Section of City of Tukwila
Ordinance passed by the City Council and approved by the Mayor on
(the "Ordinance XO Communications, Inc., hereby
accepts the terms, conditions and obligations to be complied with or performed
by it under the ordinance to the extent that the ordinance conforms to Section 253
of the Telecommunications Act of 1996 (codified under 47 USC 253).
Sincerely,
Signature
Printed name /title
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING TMC
CHAPTER 11.60, THE CITY'S STREET VACATION
PROCEDURES; REPEALING ORDINANCE NOS. 1087
AND 1571; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On August 20, 2001, the City Council of the City of Tukwila passed Ordinance
No. 1970, amending TMC Chapter 11.60 to require provision for legal access to existing
lots, provide for property trade in lieu of compensation, and put forth an application
expiration date and age limit for property appraisal; providing for severability; and
establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 8/20/01.
l (-C(//
e E. Cantu, CMC, City Clerk
Published Seattle Times: 8 24 01
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1970