HomeMy WebLinkAboutReg 2005-09-19 Item 8A - Ordinance - Amend Sprint Communications Franchise Agreement C 3UNGIL A GENL 1 SYNOPSIS
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ITEM INFORMATION
ICAS NUMBER: 05-121 IORIGINAL AGENDA DA1E: SEPTEMBER 12, 2005
AGENDA ITEM TITLE Amend Ordinance No. 1439, Sprint Communications Franchise Agreement
CATEGORY Discussion Motion Resolution Ordinance Bu d Award Public Hearing Other
Mts Date9`1 ibltg Date Mtg Date 1Yftg Date 9/i9 J4Y /vItg Date Mtg Date illtg Date:
SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P&R Police ®PIV
SPONSOR'S In 1987, Sprint Communications was granted a 30 -year franchise to construct
SUMMARY communication equipment in the City right -of -way at three specific locations. They now
would like to expand their approved franchise area to include the intersection of
Interurban Ave S and Fun Center Way with minimal impact. This additional location
requires an amendment to the ordinance and franchise agreement.
REVIEWED BY COW Ivltg.9112./C5 CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte El Arts Comm. Parks Comm. Planning Comm.
DA 1'E: 9/7/05
RECOMMENDATIONS:
SPONSOR /ADMIN. Amend Ordinance of Franchise Agreement with Sprint.
CommiThE Forward to COW and Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
0.00 $0.00
Fund Source:
Comments:
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
I 9/12/05 1 Consensus existed to forward to 9/19/05 Regular Meeting for action.
MTG. DATE ATTACHMENTS
9/12/05 Information Memo dated August 31, 2005
Ordinance No. 1439 and Amended Ordinance
Utilities Committee Meeting Minutes from September 7, 2005
9/19/05 Ordinance (final format)
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING A FRANCHISE
AGREEMENT TO SPRINT COMMUNICATIONS COMPANY,
LP, FORMERLY ~OWN AS US SPRINT, TO CONSTRUCT,
OPERATE, MAINTAIN, REPLACE, AND REMOVE CERTAIN
COMMUNICATIONS EQUIPMENT UNDER, ALONG, ACROSS
AND THROUGH CERTAIN CITY STREETS FOR THE PURPOSE
OF OPERATING AS A CARRIER OF LONG DISTANCE
TELECOMMUNICATIONS TRAFFIC; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Sprint Communications Company LP (hereinafter referred to as "Sprint") is
a telecommunications company currently involved in the construction of a digital
communications network utilizing predominantly fiber optic technology; and
WHEREAS, Sprint currently has a non-exclusive 3D-year franchise agreement (Ordinance
No. 1439) with the City of Tub-vila, hereinafter referred to as "City," that expires July 20, 2017,
and
WHEREAS, Sprint has proposed to construct a fiber optic cable system that is outside the
franchise area, and is a change to the franchise agreement; and
WHEREAS, Sprint's proposed route requires the use of certain portions of City rights-of-
way for the installation, operation, and maintenance of a fiber optic system, and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and
regulate non-exclusive 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. Franchise Agreement Amended. Section 1 of Ordinance No. 1439 is hereby
amended to read as follows:
The City hereby grants to Sprint the right, authority, privilege and franchise to construct,
replace, maintain, use and operate equipment and facilities for an underground fiber optic
telecommunications system within the following streets and property'
A. South Crady Way where the same is crossed by the Union Pacific right-of-way;
B So 180fu Street where the same is crossed by the Union Pacific right-of-way;
C. Strander Boulevard where the same is crossed by the Union Pacific right-of-way;
D Corner of Interurban Avenue South and Fun Center Way to the west side of the Union
Pacific right-of-way
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Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
the ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
oHicial 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
Regular Meeting thereof this day of , 2005
ATTEST/ AUTHENTICATED.
Steven M. Mullet, Mayor
Jane E. Cantu, CMC City Clerk
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published.
Effective Date:
Ordinance Number:
APPROVED AS TO FORM BY:
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