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Ordinance No. 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A TEMPORARY NON-
EXCLUSIVE FRANCHISE TO METRICOM, INCORPORATED
SERVICES, INC., A DELAWARE CORPORATION LEGALLY
AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
WASHINGTON, FOR THE PURPOSES OF MAINTAINING A
WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK
IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Metricom, Inc., a Delaware Corporation, hereinafter referred to as
METRICOM" is a mobile data communications company providing wireless data transmission to
customers in the Puget Sound Region; and
WHEREAS, METRICOM desires to extend its services to certain businesses located within
the corporate limits of the City of Tukwila, hereinafter referred to as "City and
WHEREAS, the City Council has determined that the use of portions of the City's rights -of-
way for installation, maintenance, and operation of such wireless radio network is appropriate
from the standpoint of the benefits derived by citizens and local businesses which may result from
the use 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 City Council has determined that the development of a comprehensive plan
for rights -of -way use and management is the most effective means for managing the current use of
rights -of -way and ensuring prudent and appropriate decisions concerning the use of rights -of -way
in the future; and
WHEREAS, METRICOM has determined that it is in their best interests to move forward
with the installation of facilities within the public rights -of -way 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Non exclusive temporary franchise granted.
A. The City of Tukwila hereby grants to METRICOM, 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 wireless
digital communications system, subject to the conditions prescribed in this ordinance, for that
portion of the City -owned properties or rights -of -way depicted in Exhibit A, and hereinafter
referred to as the "Franchise Area
Metricom franchise 9 -00 1
B. Such franchise shall not be deemed to be exclusive to METRICOM 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 METRICOM, provided that such
other franchises do not unreasonably interfere with METRICOM's exercise of franchise rights
granted herein as determined by the City. This Franchise Agreement 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; provided that such rules, policies, and procedures shall be consistent
with the terms and conditions contained herein and do not preclude the exercise of franchise
rights by METRICOM.
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.
A. 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,
METRICOM shall within 24 hours of the emergency, obtain a Franchise Utility Permit from the
City of Tukwila Department of Public Works.
B. Coordination. All capital construction projects performed by METRICOM 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.
C. Construction standards. Any construction, installation, maintenance, and restoration
activities performed by or for METRICOM 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.
D. Underground installation required. All communications 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.
E. Relocation. Whenever the City determines that it is necessary for any of METRICOM'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 METRICOM in writing of such determination, and METRICOM shall promptly submit
plans for such relocation. Within 30 days of the approval by the City of the plans for relocation,
METRICOM 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 METRICOM. Relocation must not be done in a
non discriminatory manner.
F. Removal or abandonment. Upon the removal from service of any transmission lines or
other associated structures, facilities and amenities, METRICOM 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.
G. Performance bond. The Public Works Director for the City of Tukwila reserves the right
to require METRICOM 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.
Metricom franchise 9 -00 2
H. "One- Call" location and liability. METRICOM 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 METRICOM customers which are a direct result of work performed for
any City project for which METRICOM 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 METRICOM system components or for interruptions in service to
METRICOM customers resulting from the grounds that the work was performed under any
Franchise Utility Permit issued by the City.
I. As -built plans required. METRICOM 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 prior to close -out of any Franchise Utility Permit issued by the City and
any work undertaken by METRICOM 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 METRICOM to comply fully 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 Agreement and requests remedial action within thirty
(30) days of receipt of such notice. If METRICOM 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 METRICOM may be grounds for the grant of an extension in the period during which
compliance is to be attained; provided that METRICOM continues to pursue correction of any
violations of the Franchise Agreement noted by the City. Notwithstanding the foregoing, the cure
period for any monetary default is ten (10) days from receipt of written notice.
B. Emergency Actions. If any of METRICOM's actions, or any failure by METRICOM to
act to correct a situation caused by METRICOM is deemed by the City to create a threat to life or
property, the City may order METRICOM 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 METRICOM of said threat and give METRICOM an
opportunity to correct said threat before undertaking such measures itself. METRICOM 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 METRICOM
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 METRICOM to take appropriate action to correct a situation caused by METRICOM
and identified by the City as a threat to public or private safety or property shall be considered a
violation of the Franchise Agreement terms and each day that such a situation continues to exist
and METRICOM fails to take appropriate action to abate said situation shall be regarded as a
separate violation.
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's
available remedies in the event of METRICOM'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, METRICOM shall, at its sole expense,
promptly remove all transmission system components and facilities, provided that the City, at its
sole option, may allow METRICOM to abandon its facilities in place.
Section 5. Insurance.
A. METRICOM 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 name
the City of Tukwila as additionally insured and shall contain coverage in the following minimum
amounts per separate occurrence:
1. Personal Injury $1,000,000 per person and $5,000,000 per occurrence.
Metricom franchise 9 -00 3
2. Property Damage $1,000,000 per claimant and $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 policy S 1 also contain a policy provision that it cannot be revoked,
canceled, or reduced without 0) days advance written notice to the City, and METRICOM
shall, upon request by the City, annually provide proof of such insurance to the City Clerk's Office.
Section 6. Other permits and approvals. Nothing in this agreement shall relieve
METRICOM 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 ownership.
A. The rights, privileges, or benefits provided by this Franchise Agreement 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. Notwithstanding the
foregoing, the City's prior written consent shall not be required for METRICOM to assign its rights
under this Franchise Agreement in whole or in part to a parent company, subsidiary, affiliate, or a
lender as part of a corporate reorganization, financing, or refinancing activity, or to any successor
in- interest or entity acquiring fifty -one percent (51 or more of METRICOM's stock or assets,
provided that any successors or assigns shall agree to the conditions and terms of this Franchise
Agreement to the same extent as METRICOM, by means of a fully executed legal instrument
indicating such commitments.
B. In any transfer of this Franchise Agreement which requires the approval of the City,
METRICOM shall show that the recipient of such transfer has the technical ability, financial
capability, and any other legal or general qualifications as reasonably determined by the City to be
necessary to ensure that the obligations and terms required under this Franchise Agreement can be
met to the full satisfaction of the City. The qualifications of any transferee shall be determined by
hearing before the City Council and the approval to such transfer shall be granted by resolution of
the City Council. 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.
A. 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 comprehensive right -of -way management plan governing the
location and terms and conditions under which METRICOM may occupy City rights -of -way,
whichever shall occur first; provided that METRICOM files with the City Clerk, a document
acknowledging consent to the terms and conditions herein in the form attached hereto as Exhibit
B. If the City's right -of -way management plan does not change the terms and conditions of this
Franchise Agreement, Metricom may continue to operate in the City's right -of -way until
expiration of this three (3) year term. Failure on the part of METRICOM 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.
B. At the end of this term, this Franchise Agreement shall automatically renew for an
additional three (3) years unless either party provides the other party notification opposing further
renewal. Such notification shall be provided at least three (3) months prior to end of three (3) year
term.
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. METRICOM does hereby
warrant to the best of its understanding that its operations as authorized under this franchise are
those of a telephone business as defined in RCW 82.04.065.
Metricom franchise 9 -00 4
B. METRICOM shall be subject to an administrative fee determined by the Public Works
Director 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. Administrative fees exclude normal permit processing fees. Payment of the one-
time administrative fee is due thirty (30) days after franchise approval.
C. In the event METRICOM 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, METRICOM shall reimburse City for Franchise Agreement amendment and expenses
associated with the project. METRICOM shall pay such costs within thirty (30) days of receipt of
bill from the City.
D. Failure by METRICOM 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. Use of City -owned poles and facilities. At the sole discretion and approval of
the City, METRICOM may utilize City -owned poles and facilities for installation of radio
transmitter /receivers required to provide services in accordance with this ordinance. As
compensation for use of such poles, METRICOM shall pay to the City an annual fee in the amount
of sixty dollars ($60.00) for the use of each City -owned pole or other property upon which
METRICOM radio transmitter /receivers have been installed (the "Annual Fee Such payment
shall be due by February 15th for Annual Fees owed for the prior calendar year. In the case of
installations made during any year, METRICOM shall compensate the City for the pro -rated
amount of any partial year based on the number of months remaining in such year. The
determination as to whether or not compensation will be due for the month in which a radio
transmitter /receiver is installed, shall be based upon the preponderance of days remaining in the
month of such installation. The annual compensation for each radio transmitter /receiver unit
shall be increased effective January of the first year of each period that this Franchise Ordinance is
renewed, based upon the percentage change in the U.S. Department of Labor, Bureau of Labor
Statistics, Consumer Price Index of all items, Base 1982 -1984, for the San Francisco Oakland San
Jose Metropolitan Statistical Area for the previous franchise period. The annual rate established in
this section shall not apply to the installation of wired access points or other structures and
facilities related to METRICOM's operations.
Section 11. Notices. Any notices to be served upon the City or METRICOM shall be
delivered to the following addresses respectively via certified mail:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
METRICOM, Inc.
ATTN: Property Manager
333 West Julian Street
San Jose, CA 95110
Section 12. Claims for damages.
A. In the construction, installation, repair, operation, and maintenance of its structures and
facilities, METRICOM shall use reasonable and appropriate precautions to avoid damage to
persons or property. METRICOM 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 METRICOM,
its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and
privileges granted to METRICOM by this Franchise Agreement. In the event any claim or demand
is presented to or filed with the City which gives rise to METRICOM's obligation pursuant to this
section, the City shall within a reasonable time notify METRICOM thereof and METRICOM 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 METRICOM's obligation pursuant to this section, the City
Metricom franchise 9 -00 5
shall promptly notify METRICOM thereof, and METRICOM 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,
METRICOM 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 METRICOM 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.
B. To the extent of any concurrent negligence between METRICOM and the City,
METRICOM'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 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 Franchise
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either
party may, at its option, deem the entire Franchise Ordinance to be affected and thereby nullified.
However, in the event that a determination of invalidity as to any part of this Franchise Ordinance,
either party may elect to treat the portion declared invalid or unconstitutional as severable and
enforce the remaining provisions contained herein. In the event that one party determines the
entire Franchise Ordinance to be nullified, as just provided, the other party will be afforded 180
days in which to re- negotiate a new Franchise Agreement; provided that the continued operations
during the negotiation period will not cause continued suffrage and damages to the other party.
Section 14. Indemnification.
METRICOM assigns, agrees and covenants to indemnify and hold harmless the City 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 METRICOM, its successors and
assigns arising from or connected to METRICOM's 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 METRICOM; and
2. provide all reasonably requested assistance in defense or settlement of such claim at
METRICOM'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. METRICOM 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.
Metricom franchise 9 -00 6
Section 17. Future rules, regulations, and specifications.
METRICOM acknowledges that the City may develop rules, regulations, and specifications,
including a general ordinance or other regulations governing wireless communications in the City,
for the attachment, installation, and removal of radios and any similar purpose devices on
municipal facilities, including poles, and that such regulations, upon written notice to
METRICOM, shall thereafter govern METRICOM's activities hereunder; provided, however, that
in no event shall regulations:
1. materially interfere with or adversely affect METRICOM's right install radios or
METRICOM's ability to transmit or receive radio signals from radios installed pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to METRICOM and other
similar user of such facilities.
Section 18. Recordkeeping and access. METRICOM shall keep accurate accounting books
and financial records at its principal office or such other location of its choosing, for the purpose of
determining the amounts due to the City under this ordinance. The City may inspect
METRICOM's financial records at any time during regular business hours upon seventy -two (72)
hours prior written notice and may audit the books from time to time at City's sole expense, but in
each case only to the extent necessary to confirm the accuracy of payments or charges due under
Section 12 herein. METRICOM shall provide annual reports to the City, which indicate the extent
of operations and revenues within the City. City agrees to hold in confidence any non public
information it learns from METRICOM in accordance with applicable law.
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 CQUII ICIL OF THE Y OF TUKWI A, WASHINGTON, at a
Regular Meeting thereof this Tom' day o o _�4./ 2000.
St o v k i j IV\ Mudgo_1----
ATTEST /AUTHENTICATED:
Qtk,
O h ne E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By e/%
Office of the City At orney
FILED WITH THE CITY CLERK: ef- .7/- -dt5
PASSED BY THE CITY COUNCIL:
PUBLISHED: 7- 8- e,-D
EFFECTIVE DATE: 9- is
ORDINANCE NO.: Z7
Metricom franchise 9 00
Steven M. Mullet, Mayor
7
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17501 SOUTHCENTER PKWY
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17700 WEST VALLEY HGH WY
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3502 3516 35THAVE S
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3405 3481 S 152ND ST
13302 13333 35TH AVE S
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15605 15625 42ND AVE S
14609 14657 42ND AVE S
4103 4122 S 131ST PL
10902 10908 49TH AVE S
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47503 KLICKITAT DR
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57TH AVE S STANDARD PSE
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BAKER BLVD STANDARD PSE
STRANDER BLVD STANDARD PSE
S 164TH ST STANDARD PSE
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S 180TH ST STANDARD PSE
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S 153RD ST VERTICAL PSE
S 139TH ST STANDARD OTHER
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34TH AVE S STANDARD OTHER
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S 144TH ST STANDARD SEATTLE CITY LIGHT
PACIFIC HGH WY S STANDARD SEATTLE CITY LIGHT
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MACADAM RD STANDARD SEATTLE CITY LIGHT
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STRANDER BLVD STANDARD SEATTLE CITY LIGHT
48TH AVE S STANDARD SEATTLE CITY LIGHT
S NORFOLK WY STANDARD SEATTLE CITY LIGHT
S 124TH ST STANDARD SEATTLE CITY LIGHT
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S 94THPL (STANDARD SEATTLE CITY LIGHT
S 112 MIST 'STANDARD SEATTLE CITY LIGHT
44TH PL S (STANDARD SEATTLE CITY LIGHT
S 120T PL 1 STANDARD SEATTLE CITY LIGHT
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METAL POLE
WOOD POLE
WOOD POLE
WOOD POLE
WOOD POLE
WOOD POLE
WOOD POLE
WOOD POLE
44452
44450
14001114006 MACADAM
480414801 S 150TH ST
IS 13811
I43PL S
'STANDARD 'SEATTLE CITY LIGHT
STANDARD 'SEATTLE CITY LIGHT
WOOD POLE
WOOD POLE
Tukwila city boundary
Proposed Metricom R2 sites by survey
for Tukwila
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7/10/00
Metricom
Exhibit
"A -1"
Date:
Addressee:
Re: Ordinance fa 7
Adopted 9 a
Dear
In accordance with and as required by Section S of City of Tukwila
Ordinanc /27_,Z__. passed by the City Council and approved by the Mayor on
T/ (the "Ordinance Metricom, Inc. hereby accepts the terms,
conditions kid obligations to be complied with or performed by it under the
ordinance.
Sincerely,
Signa re
DICK L. An
VICE PRESIDENT
CORPORATE OPS.
Printed name /title
EXHIBIT B
Franchise Acceptance Form
REF''
OCT 0 9 zrmn
SUMMARY OF ORDINANCE NO. /a77
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, GRANTING A
TEMPORARY NON EXCLUSIVE FRANCHISE TO
METRICOM, INCORPORATED SERVICES, INC., A
DELAWARE CORPORATION LEGALLY AUTHORIZED
TO CONDUCT BUSINESS IN THE STATE OF
WASHINGTON, FOR THE PURPOSES OF MAINTAINING
A WIRELESS DIGITAL COMMUNICATIONS RADIO
NETWORK IN CERTAIN PUBLIC RIGHTS -OF -WAY IN
THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On the City Council of the City of Tukwila passed
Ordinance No. i?,-9 7 granting Metricom the franchise rights and authority to
construct, replace, repair, monitor, maintain, use and operate the equipment and
facilities necessary for a wireless digital communications system for that portion of the
City -owned properties or rights -of -way as described; 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 9/5:7,-0
Published Seattle Times:
2 1-4-12a:{4 9-Z
CITY OF TUKWILA
E. Cantu, CMC, City Clerk