HomeMy WebLinkAboutReg 2009-03-02 Item 6E - Ordinance - Renew Time Warner Telecom Franchise Agreement COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
1 CAS NUMBER:, 09-028 I ORIGINAL AGENDA DATE: FEBRUARY 23, 2009
AGENDA ITEM TITLE Ordinance to Renew Time Warner Telecom Franchise Agreement
CATEGORY Discussion Motion Resolution Ordinance BidAward Public Hearing Other
Mtg Date 02/23/09 Mtg Date Mtg Date 1bltg Date 03/02/09 Mtg Date Mtg Date Mtg Date
1 SPONSOR Council MYMyor Atli?) Svcs DCD Finance Fire Legal P Police PIS
SPONSOR'S Time Warner Telecom (TWTC) Franchise Ordinance No. 2114 expires on March 15, 2009.
SUMMARY The new ordinance will renew the Time Warner franchise for three years and has some
changes to the utility relocation requirements in Section 5E. The Council is being asked to
approve the ordinance for the new franchise agreement with Time Warner Telecom with
an expiration date in March, 2012.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIE: 02/10/09
RECOMMENDATIONS:
SPONSOR /ADMR`I. Public Works
COMMIFIEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
I MTG. DATE RECORD OF COUNCIL ACTION
1 02/23/09 1 Forward to next Regular Meeting
03/02/09 1
MTG. DATE L ATTACHMENTS
02/23/09 1 Informational Memorandum dated 02/04/09
1 Draft Ordinance with Exhibits
Ordinance No. 2114
Minutes from the Utilities Committee meeting of 02/10/09
03/02/09 1 Ordinance in final form
/Ns
C ity of Tuk
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO TIME
WARNER TELECOM OF WASHINGTON LLC, LEGALLY AUTHORIZED
TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE
PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A
TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF-
WAY IN THE CITY; REPEALING ORDINANCE NO. 2114; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2114, dated March 6, 2006, granted tw telecom of
washington llc, hereinafter referred to as "TWTC," a three -year, non exclusive
franchise, which expires March 15, 2009; and
WHEREAS, TWTC is a telecommunications company that, among other things,
provides voice and data services to customers, including those in the Puget Sound
Region; and
WHEREAS, TWTC's desired route through the City of Tukwila, hereinafter
referred to as "City," requires the use of certain portions of City rights -of -way for the
installation, operation, and maintenance of a telecommunications system; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights -of -way for installation of a telecommunications system is appropriate from the
standpoint of the benefits to be derived by local businesses and the region as a result of
such services; and
WHEREAS, the City Council also recognizes 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 the burden of costs for the operations
of non municipal interests are not borne by the citizenry; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant
and regulate nonexclusive franchises for the use of public streets, right -of -ways, and
other public property for transmission of communications;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Non exclusive Franchise Granted.
A. The City hereby grants to TWTC, subject to the conditions prescribed in this
ordinance "Franchise Agreement the franchise rights and authority to construct,
replace, repair, monitor, maintain, use and operate the equipment and facilities
necessary for a telecommunications facility within the City- owned rights -of -way
generally described in Exhibit A, and hereinafter referred to as the "Franchise Area."
B. Such Franchise shall not be deemed to be exclusive to TWTC 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 TWTC, provided,
that such other franchises do not unreasonably interfere with TWTC's exercise of
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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.
C. This Franchise Agreement merely authorizes TWTC to occupy and use the
Franchise Area. Nothing contained herein shall be construed to grant or convey any
right, title, or interest in the Franchise Area to TWTC.
Section 2. Authority. The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this
Franchise Agreement and may develop such lawful and reasonable rules, policies, and
procedures as he or she deems necessary to carry out the provisions contained herein.
Section 3. Franchise Term. The franchise rights granted herein shall remain in full
force and effect for a period of three years from the effective date of this ordinance.
This Franchise shall not take effect and TWTC shall have no rights under this Franchise
unless a written acceptance with the City is received pursuant to Section 4 of this
agreement. If TWTC requests a Franchise renewal prior to the expiration date, the City
may, at the City's sole discretion, extend the term of this Franchise for up to one year
beyond the expiration date to allow processing of renewal. If the City elects to extend
the term of this Franchise, written notice of the extension shall be provided to TWTC
prior to the Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this
Franchise and all the terms and conditions shall be filed with the City Clerk within 30
days of the effective date of this ordinance in the form attached hereto as Exhibit B.
Failure on the part of TWTC to file said consent within 30 days of the effective date of
this ordinance shall void and nullify any and all rights granted under this Franchise
Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall
be considered mandatory and failure to abide by any conditions described herein shall
be deemed as non compliance with the terms of this Franchise Agreement and may
result in some or all of the penalties specified in Section 6.
A. Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the franchise area without first obtaining
appropriate permits from the City of Tukwila, Department of Public Works. In case of
an emergency, TWTC shall within 24 hours of the emergency, obtain a permit from the
City of Tukwila Public Works Department.
B. Coordination. All capital construction projects performed by TWTC within the
Franchise Area shall be inspected by a City inspector. All work and inspection shall
be coordinated with the Engineering Division of the Public Works Department to
ensure consistency with City infrastructure, future Capital Improvement Projects, all
developer improvements, and pertinent codes and ordinances.
C. Construction Standards. Any construction, installation, maintenance, and
restoration activities performed by or for TWTC within the Franchise Area shall be
constructed and located so as to produce the least amount of interference with the free
passage of pedestrian and vehicular traffic. All construction, installation, maintenance,
and restoration activities shall be conducted such that they conform to City's
development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
D. 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.
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E. Relocation.
1. Whenever the City causes a public improvement to be constructed within
the Franchise Area, and such public improvement requires the relocation of TWTC's
facilities, the City shall provide TWIC with written notice requesting such relocation,
along with plans for the public improvement that are sufficiently complete to allow for
the initial evaluation, coordination and the development of a relocation plan. The City
and TWTC shall meet at a time and location determined by the City to discuss the
project requirements including critical timelines, schedules, construction standards,
utility conflicts, as -built requirements, and other pertinent relocation plan details.
2. To ensure timely execution of relocation requirements, TWTC shall, upon
written request from the City, provide at TWTC's expense, base maps, current as -built
information, detailed relocation plan (including detailed schedule of relocation
activities, identification of critical path, identification of facilities, and relocation
procedures), and other design, technical or operational requirements within the
timeframe specified by the City.
3. TWTC may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation within a reasonable
time specified by the City. Such alternatives shall include the use and operation of
temporary facilities in adjacent rights -of -way. The City shall evaluate such alternatives
and advise TWTC in writing if one or more of the alternatives are suitable to
accommodate the work, which would otherwise necessitate relocation of the facilities.
If requested by the City, TWTC shall submit additional information to assist the City in
making such evaluation. The City shall give each alternative proposed by TWTC full
and fair consideration. In the event the City ultimately determines that there is no other
reasonable alternative, TWTC shall relocate its facilities as otherwise specified in Section
5.E.
4. Upon final approval of the relocation plan by the City, TWTC shall at its
own expense, unless otherwise prohibited by statute, and at the timeframe specified by
the City, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the
City has determined that such removal, relocation, undergrounding, change or
alteration is reasonably necessary for the construction, repair, maintenance, installation,
public safety, or operation of any public improvement in or upon the rights -of -way.
5. If during the construction, repair, or maintenance of City's public
improvement project an unexpected conflict occurs from TWTC's facilities, TWTC shall,
upon notification from the City, respond within 24 hours to resolve the conflict.
F. Removal or Abandonment. Upon the removal from service of any service
antennas or other associated structures, facilities and amenities within the Franchise
Area, TWTC shall comply with all applicable standards and requirements prescribed by
the City of Tukwila Public Works Department for the removal or abandonment of said
structures and facilities. No facility constructed or owned by TW may be abandoned
without the express written consent of the City.
G. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise
Agreement, TWTC shall, upon the request of the City, furnish a bond executed by
TWTC and a corporate surety authorized to operate a surety business in the State of
Washington, in such sum as may be set and approved by the City as sufficient to ensure
performance of TWTC's obligations under this Franchise Agreement, provided,
however, that such sum shall not exceed 150% of the cost of the telecommunications
system to be installed by TWTC in the City rights -of -way. At TWTC's sole option,
TWTC may provide alternate security in the form of an assignment of funds or a letter
of credit, in the same amount as the bond. All forms of security shall be in the form
reasonably acceptable to the City. The bond shall be conditioned so that TWTC shall
observe all the covenants, terms, and conditions and shall faithfully perform all of the
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obligations of this Franchise Agreement, and to repair or replace any defective TWTC
work or materials discovered in the City's roads, streets, or property.
H. "One -Call" Location LiabiIity. TWTC 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 TIhTTC's
system components or for interruptions in service to TWTC customers that are a direct
result of work performed for any City project for which TWTC 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 TWTC system
components or for interruptions in service to TWTC customers resulting from work
performed under a permit issued by the City.
I. As -Built Plans Required. TWTC shall maintain accurate engineering plans
and details of all installations within the City limits and shall provide such info, uiation
in both paper form and electronic form using the most current Autocad version prior to
close -out of any permit issued by the City and any work undertaken by TWTC
pursuant to this Franchise Agreement. The City shall determine the acceptability of any
as -built submittals provided under this section.
J. Recovery of Costs. TWTC shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise Agreement or
under ordinances of the City. Where the City incurs reasonable costs and expenses for
review or inspection of activities undertaken through the authority granted in this
Franchise Agreement or any ordinances relating to the subject for which permit fees
have not been established, TWTC shall pay such reasonable costs and expenses directly
to the City.
K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or
other City property which is subject to rights granted by this Franchise Agreement and
said vacation shall be for the purpose of acquiring the fee or other property interest in
said road, right -of -way or other City property for the use of the City, in either its
proprietary or governmental capacity, then the City may, at its option and by giving 30
days written notice to TWTC, terminate this Franchise Agreement with reference to
such City road, right -of -way or other City property so vacated, and the City shall not be
liable for any damages or loss to TWTC by reason of such termination other than those
provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by TWTC 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 30 days of
receipt of such notice. If TWTC has not attained full compliance at the end of the 30-
day period following receipt of the violation notification, the City may declare an
immediate termination of all franchise rights and privileges, provided that full
compliance was reasonably possible within that 30 -day period.
B. Emergency Actions.
1. If any of TWTC's actions, or any failure by TWTC to act to correct a
situation caused by TWTC, is deemed by the City to create a threat to life or property,
financial harm, or cause a delay of the construction, repair or maintenance of the public
improvement, the City may order TWTC to immediately correct said threat, financial
harm, or delay or, at the City's discretion, the City may undertake measures to correct
said threat, financial harm or delay itself; provided that, when possible, the City shall
notify TWTC and give TWTC an opportunity to correct within a reasonable specified
time, said threat, financial harm or delay before undertaking such corrective measures.
TWTC shall be liable for all reasonable costs, expenses, and damages attributed to the
correction of such an emergency situation as undertaken by the City to the extent that
such situation was caused by TWTC and shall further be liable for all reasonable costs,
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expenses, and damages resulting to the City from such situation and any
reimbursement of such costs to the City shall be made within 30 days of written notice
of the completion of such action or determination of damages by the City. The failure
by TWTC to take appropriate action to correct a situation caused by TWTC and
identified by the City as a threat to public or private safety or property, financial harm,
or delay of the construction, repair or maintenance of the public improvement shall be
considered a violation of Franchise terms.
2. If, during construction or maintenance of TWTC'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, TW 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 T1NTC's failure to comply with the
provisions of this Franchise Agreement, to include but not limited to, the City's right to
a lawsuit for specific performance and /or damages.
D. Removal of System. In the event that this Franchise Agreement is terminated
as a result of violations of the terms of this Franchise Agreement, TWTC shall, at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow TWTC to abandon its facilities in place.
Section 7. Insurance.
A. TWTC shall maintain liability insurance written on a per occurrence basis
during the full teiut of this franchise for personal injuries and property damages. The
policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the
Tukwila Municipal Code.
B. Such insurance shall specifically name, as additional insured, the City, its
officers, and employees, shall apply as primary insurance, shall stipulate that no
insurance affected by the City will be called on to contribute to a loss covered
thereunder, and shall further provide that the policy shall not be modified or canceled
during the life of the permit or Franchise Agreement without giving 30 days written
notice to the City. Notice shall be by certified mail, return receipt requested to the City.
C. If the City determines that circumstances warrant an increase in insurance
coverage and liability limits to adequately cover the risks of the City, the City may
require additional insurance to be acquired. The City shall provide written notice
should the City exercise its right to require additional insurance.
Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve
TWTC from any obligation to obtain approvals or necessary permits from applicable
federal, state, and City authorities for all activities in. the Franchise Area.
Section 9. Transfer of Ownership.
A. The rights, privileges, benefits, title, or interest provided by this franchise shall
not be sold, transferred, assigned, or otherwise encumbered, without the prior written
consent of the City, with such consent not being unreasonably withheld or delayed. No
such consent shall be required, however, for a transfer in trust, by other hypothecation,
or by assignment of any rights, title, or interest in TWTC's telecommunications 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 any transfer from TWTC to
another person or entity controlling, controlled by, or under common control with
TWTC. TWTC may license fibers to other users without the consent of the City
provided that TWTC remains solely responsible for the terms and conditions outlined
in this Franchise Agreement.
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B. In any transfer of this Franchise that requires the approval of the City, TWTC
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 actual and
reasonable administrative costs associated with a transfer of this franchise that requires
the approval of the City shall be reimbursed to the City within 30 days of such transfer.
Section 10. Administrative Fees.
A. Pursuant to 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.
TWTC 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. TWTC shall be subject to a $5,000 administrative fee for reimbursement of costs
associated with the preparation, processing, and approval of this Franchise Agreement.
These costs shall include but not be limited to wages, benefits, overhead expenses,
equipment, and supplies associated with such tasks as plan review, site visits, meetings,
negotiations, and other functions critical to proper management and oversight of City's
right -of -way. Administrative fees exclude no.nlal permit fees as stipulated in Title 11 of
the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30
days after franchise approval.
C. In the event TWTC submits a request for work beyond scope of original
franchise, or submits a complex project that requires significant comprehensive plan
review, or inspection, TWTC shall reimburse City for franchise amendment and
expenses associated with the project. TWTC shall pay such costs within 30 days of
receipt of bill from the City.
D. Failure by TWTC 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 6 of this ordinance.
Section 11. Notices. Any notice to be served upon the City or TWTC shall be
delivered to the following addresses respectively:
City of Tukwila Lyndall Nipps
Office of the City Clerk VP Regulatory
6200 Southcenter Boulevard tw telecom of washington llc.
Tukwila, WA 98188 845 Camino Sur
Email: coflahertv@d.tukwila.wa.us Palm Springs, CA 92262
Phone: 206433 -1855 Email: lvndall.ninosi@twtelecom.com
Phone: 760 832 -6275
with a copy to:
Tina Davis
Senior VP Deputy General Counsel
tw telecom of washington llc.
10475 Park Meadow Drive
Littleton, CO 80124
Email: tina.davisatwtelecom.com
Phone: 303- 566 -1279
Section 12. Indemnification.
A. TWTC shall use reasonable and appropriate precautions to avoid damage to
persons or property in the construction, installation, repair, operation, and maintenance
of its structures and facilities within the Franchise Area. TWTC shall indemnify and
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hold the City harmless from all claims, actions or damages, including reasonable
attorney's and expert witness fees, which may accrue to or be suffered by any person or
persons, corporation or property to the extent caused in part or in whole by any
negligent act or omission of TWTC, its officers, agents, servants or employees, carried
on in the furtherance of the rights, benefits, and privileges granted to TWTC by this
Franchise. In the event any claim or demand is presented to or filed with the City
which gives rise to TWTC's obligation pursuant to this section, the City shall within a
reasonable time notify TWTC thereof and TWTC 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 TWTC's obligation pursuant to this section, the
City shall promptly notify TWTC thereof, and TWTC 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, TWTC 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 TWTC to:
1. protect and save the City harmless from any claims, actions, or damages;
2. settle or compromise any claim, demand, suit, or action;
3. appear in or defend any suit or action; or,
4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the negligence or
intentional acts of the City, its employees, agents or independent contractors.
B. To the extent of any concurrent negligence between TWTC and the City,
TWTC's obligations under this paragraph shall only extend to its share of negligence or
fault. The City shall have the right at all times to participate through its own attorney
in any suit or action which arises out of any right, privilege, and authority granted by or
exercised pursuant to this Franchise when the City determines that such participation is
required to protect the interests of the City or the public. Such participation by the City
shall be at the City's sole cost and expense.
C. With respect to the performance of this Franchise and as to claims against the
City, its officers, agents and employees, TWTC expressly waives its immunity under
Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to
its officers, agents and employees and agrees that the obligation to indemnify, defend
and hold harmless provided for in this paragraph extends to any claim brought by or
on behalf of TWTC's officers, agents or employees. This waiver is mutually negotiated
by the parties.
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,
either party may deem the entire ordinance to be affected and thereby nullified.
However, in the event that a determination is made that a section, sentence, clause, or
phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the
portion declared invalid or unconstitutional as severable and maintain in force the
remaining provisions of this ordinance; provided that, if the City elects, without
agreement by TWTC, to enforce the remaining provisions of the ordinance, TWTC shall
have the option to terminate the Franchise Agreement.
Section 14. 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.
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Section 15. Police Powers. Nothing contained herein shall be deemed to affect the
City's authority to exercise its police powers. TWTC 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 16. Future Rules, Regulations, and Specifications. TWTC 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 TWTC, shall thereafter govern TWTC's
activities hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect TWTC's rights pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to TWTC and other similar
user of such facilities.
Section 17. Repealer. Ordinance No. 2114, is hereby repealed.
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 days after passage and publication, as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Pffective Date:
Office of the City Attorney Ordinance Number:
Attachments: Exhibit A Time Warner Telecom Fiber Optic Systems
Project Description
Exhibit B Franchise Agreement Acceptance form
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EXHIBIT A Page 1
TWTC Fiber Optic System
TWTC currently has a fiber optic system along Interurban Avenue S. On Interurban
Avenue South, the system continues east to Boeing Access Road and heads north on
Airport Way South into Seattle.
TWTC purchased telecommunications conduits from McLeod USA and installed a fiber
optics infrastructure. The fiber optic system is located on East Marginal Way from
Interurban Avenue South to South 133" Street. It continues east on South 133 Street to
Interurban Avenue South. McLeod USA and Time Warner Telecom fiber optic systems
are in common manholes at each tie -in points on Interurban Avenue South.
Recently, TWTC expanded its fiber optic system to serve customers in the Commercial
Business District. The new system starts from a vault on Interurban Avenue South and
Family Fun Center Way and heads to Southcenter Boulevard. On the north side,
attached to the bridge portion of Southcenter Boulevard, the system heads to the
Christianson Trail on the west side of the Duwamish River, then heads south to the
intersection of Tukwila Parkway and Christensen Trail. TWTC's system continues
westerly on the south side of Tukwila Parkway to the intersection of Andover Park West
and Tukwila Parkway. From the west side of Andover Park West, the system heads
south to Corporate Drive North. At this location, the system heads back north across the
Corporate Drive N then west on the north side of Corporate Drive N, and terminates into
a telecommunications vault.
EXHIBIT A Page 2
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EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FOIThI
TWTC
Date:
City Of Tukwila
City Clerks Office
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Ordinance Adopted:
Dear Ms O'Flaherty,
In accordance with and as required by Section 4 of City of Tukwila Ordinance passed
by the City Council and approved by the Mayor on (the "Ordinance
Time Warner Telecom hereby accepts the teuus, conditions and obligations to be
complied with or perfoimed by it under the Ordinance.
Sincerely,
Signature
Printed Name Title