HomeMy WebLinkAboutCOW 2006-08-14 Item 3A - Ordinance - AT&T Corporation for Fiber Optic System in Right-of-Way Franchise J.WI�y,9
COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER 06-086 IORIGI\ALAGENDADATE: AUGUST 14, 2006
AGENDA ITEMTrrLE AT &T Corporation Franchise Agreement
CATEGORY Discussion Motion Resolution Ordinance 0 Award Public Hearing Otter
MtgDate 8 /14/06 z%fg Date M( Date lftg Dale 8 /21/06 Agg Dale Mtg Date Mg Date
SPONSOR Coundl Mayor Actin Sera DCD Finance Fire Legal PO-R. Police PAY/
SPONSOR'S AT &T Corporation requests franchise approval to install, operate, and maintain a fiber
SLTALALARY optic system in the City's right -of way. AT &T intends to expand its national fiber optic
system and has recently purchased conduits and associated fiber infrastructure from 360
Networks and Touch America. Other than accessing manholes and pulling fiber, no other
construction activity is expected in the City's right -of -way.
REVIEWED BY COW Mtg CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm Planning Comm.
DATE: 8/08/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinance granting franchise.
COMMITTEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EATENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
r
1 MTG. DATE RECORD OF COUNCIL ACTION
I 8/14/06
8/21/06
MTG. DATE ATTACHMENTS
8/14/06 Information Memo dated July 25, 2006
Ordinance with Exhibits
Utilities Committee minutes from August 8, 2006
8 /21 /06
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: July 25, 2006
Subject: AT &T Corporation Franchise Agreement
ISSUE
AT &T Corporation requests franchise approval to install, operate, and maintain a fiber optic system in
the City's right -of -way Proposed Franchise Agreement is attached.
BACKGROUND
AT &T is the largest telecommunications company in the United States and one of the largest in the
world. Through its affiliates and subsidiaries, AT &T provides a wide array of voice, wireless, and
intemet protocol -(IP) /data communications products and services for consumers and businesses. AT &T
is the largest provider of broadband DSL, long distance and local voice services.
DISCUSSION
AT &T submitted a completed franchise packet on June 28, 2006. The Company intends to expand its
fiber optic system and has recently purchased conduits and associated fiber infrastructure from 360
Networks. The fiber optic system enters Tukwila from the south at South 180 Street. It continues
north on West Valley Highway to Interurban Avenue South. The route continues along Interurban
Avenue South to Boeing Access Road then east on Boeing Access Road to Airport Way South. On
Airport Way South, the system continues north into Seattle.
Additionally, AT &T recently acquired Touch America's fiber optic system on Southcenter Boulevard.
Touch America was dissolved through Chapter 7 bankruptcy a few years ago. The fiber optic system
enters Tukwila on Southcenter Boulevard (S 154 St) at Tukwila International Boulevard. It then
continues east along Southcenter Boulevard for approximately 5,000 feet. Touch America had plans to
connect the fiber optic system to West Valley Highway but did not complete the project.
Other than accessing manholes, and pulling fiber along the conduit route, no other construction activity
is expected in the City's right -of -way
RECOMMENDATION
Present to Utilities Committee and Committee of the Whole for discussion and adoption decision.
FH:ad
attachment: Final Draft Franchise Agreement packet
(Falixll/C
09•06 AT &T Freshs Agecaa icb cis)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE
FRANCHISE TO AT &T CORP., LEGALLY AUTHORIZED TO
CONDUCT BUSINESS IN THE STATE OF WASHINGTON,
FOR THE PURPOSE OF INSTALLING, OPERATING, AND
MAINTAINING A TELECOMMUNICATIONS SYSTEM IN
CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
tt.t t.CTIVE DATE.
WHEREAS, AT &T Corp., a New York Corporation, "AT &T is a telecommunications
company that among other things, provides voice and data services to customers, including
those in the Puget Sound Region; and
WHEREAS, AT &T'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 telecommunications system is appropriate from the standpoint of the
benefits to be derived by local business and the region as a result of such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way must be
restricted to allow for the construction of amenities necessary to serve the future needs of the
citizens of Tukwila and that the coordination, planning, and management of the City's rights
of-way is necessary to ensure that the burden of costs for the operations of non municipal
interests are not borne by the citizenry; and
WHEREAS, the Revised Cod? 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 I. Non exclusive Franchise Granted.
A. The City hereby grants to AT &T, 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 AT &T 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 AT provided, that such other
franchises do not unreasonably interfere with AT &T's exercise of franchise rights granted
herein as determined by the City This Franchise shall in no way interfere with existing
AT&T frmrldse 7 -26 Fits 1
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 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 AT &T shall have no rights under this Franchise unless a written
acceptance with the City is received pursuant to Section 4 of this agreement. If AT &T 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 AT &T 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
AT &T 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, AT &T shall within 24 hours of the emergency, obtain a permit from the City of
Tukwila Department of Public Works.
B. Coordination. All capital construction projects performed by AT &T 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 AT &T 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.
E. Relocation.
1. Within 90 days following written notice from the City, AT &T shall, at no
expense to 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 City public improvement in the City's governmental, non proprietary
capacity in or upon the rights -of -way
AT &T franchise 7 26 F bjs 2
2. AT &T may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation. Such alternatives shall
include the use and operation of temporary transmitting facilities in adjacent rights of way
The City shall evaluate such alternatives and advise AT &T 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, AT &T shall submit additional information
to assist the City in making such evaluation. The City shall give each alternative proposed by
AT &T hill and fair consideration. In the event the City ultimately determines that there is no
other reasonable alternative, AT &T shall relocate its facilities as otherwise provided in this
section.
F Removal or Abandonment. Upon the removal from service of any service
antennas or other associated structures, facilities and amenities, AT &T 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 AT &T 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,
AT &T shall upon the request of the City, furnish a bond executed by AT &T 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 AT &T'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 AT &T in the City rights -of -way
At AT &T's sole option, AT &T 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 AT &T shall
observe all the covenants, terms, and conditions and shall faithfully perform all of the
obligations of this Franchise Agreement, and to repair or replace any defective AT &T work or
materials discovered in the City's roads, streets, or property
H. 'One- Call" Location Liability AT &T 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 AT &T's system
components or for interruptions in service to AT &T customers which are a direct result of
work performed for any City project for which AT &T 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 AT &T system components or for interruptions
in service to AT &T customers resulting from work performed under a permit issued by the
City
I. As -Built Plans Required. AT &T shall maintain accurate engineering plans and
details of all installations within the City limits and shall provide such information in both
paper form and electronic form using the most current Autocad version prior to close -out of
any permits issued by the City and any work undertaken by AT &T pursuant to this Franchise
Agreement. The City shall determine the acceptability of any as -built submittals provided
under this section.
J. Recovery of Costs. AT &T shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise Agreement or under
ordinances of the City Where the City incurs costs and expenses for review or inspection of
activities undertaken through the authority granted in this Franchise Agreement or any
ordinances relating to the subject for which permit fees have not been established, AT &T 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
AT &T terminate this Franchise Agreement with reference to such City road, right-of-way or
AT&T franchise 7 -26 Fi tjs 3
other City property so vacated, and the City shall not be liable for any damages or loss to
AT &T by reason of such termination other than those provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by AT &T to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City which
describes the violations of the franchise and requests remedial action within 30 days of receipt
of such notice. If AT &T 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 AT &T's actions, or any failure by AT &T to act to correct a situation
caused by AT &T, is deemed by the City to create a threat to life or property, the City may
order AT &T to immediately correct said threat or, at the City's disaetion, the City may
undertake measures to collect said threat itself; provided that, when possible, the City shall
notify AT &T and give AT &T an opportunity to correct said threat before undertaking such
corrective measures. AT &T shall be liable for all costs, expenses, and damages attributed to
the correction of such an emergency situation as undertaken by the City to the extent that such
situation was caused by AT &T and shall further be liable for all costs, expenses, and damages
resulting to the City from such situation and any reimbursement of such costs to the City shall
be made within 30 days of written notice of the completion of such action or determination of
damages by the City The failure by AT &T to take appropriate action to correct a situation
caused by AT &T and identified by the City as a threat to public or private safety or property
shall be considered a violation of franchise terms.
2. If during construction or maintenance of AT &T'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, AT &T 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 AT &T'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, AT &T shall at its sole expense,
promptly remove all system components and facilities, provided that the City, at its sole
option, may allow AT &T to abandon its facilities in place.
Section 7 Insurance.
A. AT &T shall maintain liability insurance written on a per occurrence basis during the
full term of this franchise for personal injuries and property damages. The policy shall contain
coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code.
B. Such insurance shall specifically name as additional insured, the City, its officers, and
employees, shall apply as primary insurance, shall stipulate that no insurance affected by the
City will be called on to contribute to a loss covered thereunder, and shall further provide that
the policy shall not be modified or canceled during the life of the permit or Franchise
Agreement without giving 30 days written notice to the City Notice shall be by certified mail,
return receipt requested to the City
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.
AT &Tfrancldse 7 26 FI:bjs 4
Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve AT &T
from any obligation to obtain approvals or nece«ary 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 or any
rights, title, or interest in AT &T'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 AT &T to another person or entity controlling, controlled by, or under
common control with AT &T.
B. In any transfer of this franchise which requires the approval of the City, AT &T 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 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. AT &T 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. AT &T shall be subject to a 55,000 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 normal permit fees as stipulated in Title 11 of the Tukwila
Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise
approval.
i
C In the event AT &T submits a request for work beyond scope of original franchise, or
submits a complex project that requires significant comprehensive plan review, or inspection,
AT &T shall reimburse City for franchise amendment and expenses associated with the project.
AT &T shall pay such costs within 30 days of receipt of bill from the City
D. Failure by AT &T to make hill 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 AT &T shall be delivered
to the following addresses respectively
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
AT &T frmwduse 7 -26 Flbjs 5
AT &T Corp.
Right -of -Way Engineering
3001 Cobb Parkway, NW Room 162
Atlanta, GA 30339
with a copy to:
AT &T Enterprise Services, Inc.
Law Department
175 East Houston Street 210
San Antonio, TX 78205
Attention: General Attorney
Section 12. Indemnification,
A. AT &T 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. AT &T shall indemnify and hold the City harmless from all claims,
actions or damages, including reasonable attorneys 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 AT &T, its officers, agents, servants or
employees, carried on in the furtherance of the rights, benefits, and privileges granted to
AT &T by this Franchise. In the event any claim or demand is presented to or filed with the
City which gives rise to AT &T's obligation pursuant to this section, the City shall within a
reasonable time notify AT &T thereof and AT &T 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 AT &T's obligation pursuant to this section, the City shall promptly notify AT &T
thereof, and AT &T 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, AT &T 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 AT &T 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 AT &T and the City, AT &T'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, AT &T 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 AT &T'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
AT&T f anchise 7 -26 Ft:bjs 6
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 AT &T, to enforce the remaining
provisions of the ordinance, AT &T 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 presPrve 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 15. Police Powers. Nothing contained herein shall be deemed to affect the City's
authority to exercise its police powers. AT &T shall not by this Franchise Agreement obtain
arty 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. AT &T acknowledges that
the City may develop rules, regulations, and specifications, including a general ordinance or
other regulations ing telecommunications operations in the City Such regulations,
upon written notice to AT &T, shall thereafter govern AT &T's activities hereunder; provided,
however, that in no event shall regulations:
A. materially interfere with or adversely affect AT &T's rights pursuant to and in
accordance with this Franchise Agreement; or
B. be applied in a discriminatory manner as it pertains to AT &T and other similar
user of such facilities.
Section 17 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 COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Special Meeting thereof this day of 2006.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Dr
AT&T franchise 7 -26 FLLjs 7
EDIT A
FRANCHISE AGREEMENT
AT &T CORPORATION
Fiber Optic Svstem
AT &T's fiber optic system enters Tukwila from the south on West Valley Highway at
S 180` Street. It continues north on West Valley Highway to Southcenter Boulevard.
From this point it continues north on Interuban Avenue S to East Marginal Way S. On
East Marginal Way S, it continues north to Boeing Access Road, then east on Boeing
Access Road to Airport Way S and finally north on Airport Way S to Seattle.
AT &T acquired another fiber optic system from Touch America. The system enters
Tukwila on Southcenter Boulevard (S 154 St) at Tukwila International Boulevard. It
then continues east along Southcenter Boulevard for a distance of approximately 5,000
feet where it dead ends. This route was never completed by Touch America.
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Exhibit G15
3 s Tukwila
it A -1
I
a Date: June 27, 2006
EJdlIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
AT &T CORPORATION
Date:
Ms. Jane Cantu
Office of the City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No.
Adopted
Dear Ms. Cantu:
In accordance with and as required by Section 4 of City of Tukwila Ordinance No.
passed by the City Council and approved by the Mayor on
(the "Ordinance"), AT &T Corporation, hereby accepts the
terms, conditions and obligations to be complied with or performed by it under the
Ordinance.
Sincerely,
Signature
Printed Name
Title
Utilities Committee
August 8, 2006 5:00 p.m.
Present: Jim Haggerton, Chair; Pam Linder, and Verna Griffin
Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer, Mike
Cusick, Senior Engineer, Pat Brodin, Operations Manager; Gail Labanara, Public Works Analyst; and Diane
Jenkins, Administrative Assistant to the Council.
Business Agenda
A. AT &T Corporation Franchise Agreement
Mr Frank Iriarte related that AT &T submitted a franchise packet on June 28, 2006. AT &T recently acquired Touch
America's fiber optic system and recently purchased conduits and associated fiber infrastructure from 360 Networks.
They would like to expand their fiber optics network (a map showing the expansion was reviewed). It was noted that
AT &T did want some changes to the standard agreement such as a reduction of the administrative fee from 55.000 to
52,500, changes in the requirement to underground the utilities, challenged providing 'as- builts' etc. None of these were
incorporated into the standard franchise agreement. Mr Haggerton noted that both underground and above- ground are
considered part of cities' rights -of -way. He referred to the third 'Whereas, the City Council. .from the standpoint of
benefits to be derived by local business He asked if AT &T was only going to provide service to businesses. Mr. trtarte
indicated that at this time, they have no installations planned for residential customers. In the future, as they seek
additional expansion, this issue could be addressed. A draft of the proposed franchise agreement was provided. There
should be no construction activity other than accessing manholes and pulling fiber along the conduit route. Unanimous
approval; forward to Committee of the Whole.
B. City Government Channel
Mr. Iriarte indicated that the City has notified Comcast of its intent to operate a dedicated government channel as
authorized by the franchise agreement. This is in addition to the public access channel. This would allow the City to
broadcast a wide array of public information such as road closures and public meeting notices to residents and
businesses. Ms. Linder noted that the Council has not yet decided to televise council meetings due to funding; additional
equipment would be required. Mr Iriarte continued and related that there will be approximately $25,000 in capital costs.
These costs could be paid from either the City's general fund or via a 25 cent fee to Comcast's subscribers. There are
approximately 4,300 subscribers and they would be assessed this amount on a monthly basis for hvo years. Ms. Griffin
requested that Comcast be asked how this fee would appear on a customers bill. Concern was expressed on the number
the fees and taxes placed on many services such as cell phones. Mr Haggerton conveyed that only Comcast subscribers
would be able to view this information, however, this would be another tool which could be used to facilitate
communication with residents. Unanimous approval; forward to Committee of the Whole.
C. Budget for CWA and RCFCs
Mr. Pat Brodin reported that increases are projected for Cascade Water Alliance (CWA) for 2007 on wholesale supply and
Regional Facilities Charges (RCFCS). The philosophy for RCFCs is that `growth pays for growth' in order to keep rates
reasonable for consumers. In 2006, the RCFC almost doubled. In 2006, the fee was $4,648 and it is being proposed to
increase to 55,297 This is based on current construction estimate of 4% rather than the original assumption of 3 A
copy of an article, 'Rising costs are hurting road projects statewide,' related that due to rising asphalt and other raw
materials, there are dramatic increases in construction projects. A copy of the member payments for the CWA was
reviewed and discussed. Mr Morrow stated that it is the intent that all developers' costs are paid upfront or made known
to the consumer so that these costs could be financed by them. Information only.
D. Fort Dent Park Sewer
Mr Morrow indicated the capacity of lift station #6 that services Fort Dent Park/Starfire is over capacity A sewer flow
monitor was used during the opening weekend of the All Nations Cup and the design capacity was exceeded 10 times in
48 hours. Even though the lift station has hvo pumps, it is not designed for this high amount of flow. It is designed for one
pump to serve as back -up; crews altemate the pumps. This must be remedied. Because of the placement of the flow
monitors, it was determined that Star flow is double the quantity estimated by Starflre consultant, Berryman and
Henigar The graphs showing the flow were reviewed. You are required to deal with the maximum amount of flow.
Mr. Morrow explained the rationale for not upejrading the sewer force main from lift station #o to the Renton Treatment
Plant; it is located in the tow of the Green River levee and goes under the railroad tracks. To accommodate Starflre's
construction schedule and keep costs down (see article referenced above), the best solution would be reroute the flows
from lift station #5 along Interurban Ave. S to an existing gravity sanitary sewer. Then lift station #6 could be dedicated to
Starfire Complex. Family Fun Center recently made application for Phase 3 of their project which will be smaller than
originally proposed. Mr. Morrow reviewed funding for the project. In 2003, construction was estimated at 5755,000 with
Starfire contributing 5205,000 (approximately 30% of the construction cost) and King County, 5400,000. The City had
committed $150,000. Since that time, construction costs have greatly escalated and the estimated cost for the project is
5917,500. At this time, Starflre is reluctant to make a contribution and King County reduced its commitment to 5150,000.
To make up the 5617,000 shortfall, a reallocation of projects within the Capital Improvements Project (CIP) budget was
proposed. He reviewed the reallocation of budget from traffic calming (5190,000), Codiga Farm (538,000), 5.144 St.
sidewalksfl -5 overpass (525,000), 303 Fund (5300,000) and sewer GIS inventory (590,000). With the Fort Dent revenue
(5150,000) and King County's contribution (5150,000) this would total 5943,000 for this project. These projects will be
funded at a later date. As a contingency, if the bids are higher than expected, funds from the winter park could also be
used. Mr. Haggerton noted that he would inquire as to why King County s contribution was reduced.
Unanimous approval; forward to Committee of the Whole.
Adjournment: 6:10 p.m.
1 Committee Chair Approval
Minutes by DJ, Reviewed by GL