HomeMy WebLinkAboutUtilities 2014-07-21 Item 2A - Ordinance - Astound Broadband Franchise AgreementCity of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Frank Iriarte, Deputy Public Works Director
DATE: July 18, 2014
SUBJECT: Astound Broadband LLC
Ordinance Approving Franchise Agreement
ISSUE
Approve Ordinance for Astound Broadband LLC (Astound) Franchise Agreement.
BACKGROUND
Astound is a Washington limited liability company and is a wholly -owned subsidiary of Wave
Division Holdings LLC. Astound provides telecommunication services including high -speed
internet access, data transport and dark fiber leasing to business customers.
DISCUSSION
Astound owns conduit and fiber assets within the Lake Washington Ring. Astound's backbone
enters the City from SW Grady Way, proceeding north along Interurban Ave S to East Marginal
Way S, then to Boeing Access Rd and continues north on Airport Way S into Seattle.
From the backbone, Astound intends to construct fiber optic laterals to provide fiber connectivity
to the Tukwila School District. When completed, the fiber project will significantly increase
Tukwila School District's broadband capacity. In addition to the Tukwila School District,
Astound's fiber project will include a connection to serve a potential customer located in the
vicinity of King County Bow Lake Transfer Station. Astound's fiber project is depicted in Exhibit
A, Fiber Optic System Description and Project Map.
The attached Franchise Agreement would allow Astound to construct, operate and maintain a
fiber optic system in the City's right -of -way.
FINANCIAL IMPACT
Under the terms of the Franchise, Astound will be required to pay the City a $5,000
administrative fee within 30 days of franchise approval.
RECOMMENDATION
Council is being asked to approve the Ordinance allowing Astound Broadband LLC Franchise
Agreement and consider this item on the Consent Agenda at the August 4, 2014 Regular
Meeting.
Attachment: Draft Franchise Ordinance with Exhibits A & B
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AFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE
FRANCHISE TO ASTOUND BROADBAND, 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;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Astound Broadband, LLC ( "Astound ") is a telecommunications
company that, among other things, provides voice and data services to customers,
including those in the Puget Sound region; and
WHEREAS, Astound'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 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 Code of Washington (RCW) authorizes the City to grant
and regulate non - exclusive franchises for the use of public streets, rights -of -way, and
other public property for transmission of communications;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non - exclusive Franchise Granted.
A. The .City hereby grants to Astound, 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 attached hereto, and hereinafter referred to as the
"Franchise Area."
B. The foregoing franchise rights and authority ( "Franchise ") shall not be deemed
to be exclusive to Astound 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 Astound; provided, that such other franchises do not
unreasonably interfere with Astound's exercise of franchise rights granted herein as
determined by the City. This Franchise shall in no way interfere with existing utilities or
in any way limit, prohibit, or prevent the City from using the Franchise Area or affect the
City's jurisdiction over such area in any way.
C. This Franchise Agreement merely authorizes Astound 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 Astound.
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, uniform, non - discriminatory, 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 five years from the effective date of this ordinance.
However, this Franchise Agreement shall not take effect and Astound shall have no
rights under this Franchise Agreement unless a written acceptance with the City is
received pursuant to Section 4 of this agreement. If Astound requests a Franchise
renewal prior to the expiration date, the City may, at the City's sole discretion, extend
the term of this Franchise Agreement 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
Agreement, written notice of the extension shall be provided to Astound prior to the
Franchise expiration date.
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Section 4. Acceptance of Terms and Conditions. The full acceptance of this
Franchise Agreement 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 Astound 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.
1. 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, Astound shall, within 24 hours of the emergency, obtain a permit from the
City of Tukwila's Department of Public Works.
2. Coordination. All capital construction projects performed by Astound
within the Franchise Area shall be inspected by a City inspector. All work and
inspection shall be coordinated with the Public Works Engineering Division to ensure
consistency with City infrastructure, future Capital Improvement Projects, all developer
improvements, and pertinent codes and ordinances.
3. Construction Standards. Any construction, installation, maintenance,
and restoration activities performed by or for Astound 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 the City's
development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
4. Underground Installation Required. All telecommunications cables and
junction boxes or other vaulted system components shall be installed underground
unless otherwise exempted from this requirement, in writing, by the Director of Public
Works.
5. Relocation.
a. Whenever the City causes a public improvement to be constructed
within the Franchise Area, and such public improvement requires the relocation of
Astound's facilities, the City shall provide Astound 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 Astound shall meet at a time and location determined by the City to
discuss the project requirements including critical timelines, schedules, construction
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standards, utility conflicts, as -built requirements, and other pertinent relocation plan
details.
b. To ensure timely execution of relocation requirements, Astound shall,
upon written request from the City, provide at Astound'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.
c. Astound 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 Astound 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, Astound shall submit additional information to assist the City in
making such evaluation. The City shall give each alternative proposed by Astound full
and fair consideration. In the event the City ultimately determines that there is no other
reasonable alternative, Astound shall relocate its facilities as otherwise specified in
Section 5, subparagraph 5.
d. Upon final approval of the relocation plan by the City, Astound 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.
e. If during the construction, repair, or maintenance of the City's public
improvement project an unexpected conflict occurs from Astound's facilities, Astound
shall, upon notification from the City, respond within 24 hours to resolve the conflict.
6. Removal or Abandonment. Upon removal from service of Astound's
facilities or equipment that are located within the Franchise Area, Astound 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 Astound may be abandoned without the express written
consent of the City.
7. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise
Agreement, Astound shall, upon the request of the City, furnish a bond executed by
Astound 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
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ensure performance of Astound'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 Astound in the City rights -of -way. At Astound's sole option,
Astound 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 Astound 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 Astound
work or materials discovered in the City's roads, streets, or property.
8. "One -Call" Location and Liability. Astound 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 Astound's system components or for interruptions in service to Astound
customers which are a direct result of work performed for any City project for which
Astound 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 Astound system components or for interruptions in service to Astound
customers resulting from work performed under a permit issued by the City.
9. As -Built Plans Required. Astound 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 permit issued by the City and any work undertaken by
Astound pursuant to this Franchise Agreement. The City shall determine the
acceptability of any as -built submittals provided under this section.
10. Recovery of Costs. Astound 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, Astound shall pay such reasonable costs and expenses
directly to the City.
11. 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 Astound, 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 Astound by reason of such termination other than
those provided for in RCW 35.99.
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Section 6. Franchise Compliance.
A. Franchise Violations. The failure by Astound 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 Agreement and requests remedial action
within 30 days of receipt of such notice. If Astound 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 Astound's actions under this Franchise Agreement, or any failure
by Astound to act to correct a situation caused by Astound, 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 Astound 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 Astound and give Astound an
opportunity to correct within a reasonable specified time, said threat, financial harm or
delay before undertaking such corrective measures. Astound 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 Astound and shall further be liable for all reasonable 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 Astound to take
appropriate action to correct a situation caused by Astound 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 the terms of this Franchise Agreement.
2. If, during construction or maintenance of Astound'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, Astound 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 Astound'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, Astound shall, at its
sole expense, promptly remove all system components and facilities, provided that the
City, at its sole option, may allow Astound to abandon its facilities in place.
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Section 7. insurance.
A. Astound shall maintain liability insurance written on a per occurrence basis
during the full term of this Franchise Agreement 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 and Approvals. Nothing in this Agreement shall relieve
Astound 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
Agreement shall not be sold, transferred, assigned, or otherwise encumbered, without
the prior written consent of the City, with such consent not to be 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 Astound'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 Astound to another person or entity controlling, controlled by, or under
common control with Astound. Astound may license fibers to other users without the
consent of the City provided that Astound remains solely responsible for the terms and
conditions outlined in this Franchise Agreement.
B. In any transfer of this Franchise which requires the approval of the City,
Astound 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
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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 /Franchise Fees.
A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from
imposing franchise fees for any "telephone business" as defined in RCW 82.16.010 or
"service provider" as defined in RCW 35.99.010, except that fees may be collected for
administrative expenses related to such franchise. Astound does hereby warrant that
its operations as authorized under this Franchise Agreement are those of a telephone
business as defined in RCW 82.16.010 or a service provider as defined in RCW
35.99.010.
B. Astound 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 the 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.
C. The City reserves the right to exercise authority it has or may acquire in the
future to charge a franchise fee as authorized by law.
D. In the event Astound 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, Astound shall reimburse the City for
amendments and expenses associated with the project. Astound shall pay such costs
within 30 days of receipt of a bill from the City.
E. Failure by Astound 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 Astound shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
Email: christy.oflaherty @tukwilawa.gov
Phone: 206 - 433 -1855
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Astound Broadband, LLC
Attn: James A. Penney, EVP
401 Kirkland Parkplace, Suite 500
Kirkland, WA 98033
Email: jpenney @wavebroadband.com
Phone: 425 - 896 -1891
with an additional copy to:
Cinnamon Mueller
307 N. Michigan Ave., Suite 1020
Chicago, IL 60601
Section 12. Indemnification.
A. Astound 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. Astound shall indemnify and
hold the City harmless from all third party 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 Astound, its officers, agents, servants or employees,
carried on in the furtherance of the rights, benefits, and privileges granted to Astound by
this Franchise. In the event any claim or demand is presented to or filed with the City
that gives rise to Astound's obligation pursuant to this section, the City shall within a
reasonable time notify Astound thereof and Astound 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 Astound's obligation pursuant to this section, the
City shall promptly notify Astound thereof, and Astound 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, Astound 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 Astound
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.
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B. To the extent of any concurrent negligence between Astound and the City,
Astound'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 that 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, Astound 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 Astound'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 Astound, to enforce the remaining provisions of the ordinance, Astound
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 that 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 15. Police Powers. Nothing contained herein shall be deemed to affect
the City's authority to exercise its police powers. Astound 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.
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Exhibit A
Astound Broadband, LLC Fiber Optic System Description
Existing Conduit Path:
Beginning at the eastern City limits at SW Grady Way and Monster Road, Astound
owns a single conduit within the conduit path commonly known as the "Lake
Washington Ring ", constructed by 360 Networks, and currently operated by Zayo
Group. This path routes along SW Grady Way, then proceeds north along Interurban
Ave South, which then changes to East Marginal Way South. The route then transitions
at SR 900 to Airport Way South, leaving Tukwila ROW at a point north of SR 900, and
south of Boeing Field. This route then re- enters Tukwila ROW on Airport Way South.
for approximately 2,000 feet, then leaves Tukwila ROW, and continues north into
Seattle.
All Routes in Tukwila will ultimately extend from this existing path to service locations on
the network. Below are the route descriptions working from south to north, identifying
each route and sub -route as a "Spur Route ".
Spur Route 1, 1A
Spur Route 1 (Serving Tukwila Elementary)
Beginning at Interurban Ave South and 58th Ave South, fiber optic system travels
on 58th Avenue South to S. 147th Street, then east to 59th Avenue South, and
then south on 59th Avenue South to Tukwila Elementary School.
Spur Route 1A
Beginning at 58th Avenue South and South 144th Street, proceed west on South
144th Street across 1 -5 to 51st Avenue South. Proceed south on 51st Avenue
South then west on Southcenter Blvd to 42nd Avenue South. Continue south on
42nd Avenue South across Hwy 518, to S. 164th Street, where this route departs
Tukwila ROW. This route will continue south outside Tukwila ROW, and will re-
enter the ROW for a connection to a customer at the Bow Lake Transfer Station
north of S 188th and Orillia Road South.
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Spur Route 2, 2A, 2B
Spur Route 2
Route begins at Interurban Avenue South and S. 133rd Street, then proceed west
on S. 133rd Street and E. Marginal Way to S. 130th Street, then continues west on
South 130th Street to 37th Avenue South. Continue south on 37th Avenue South
to South 132nd street, then southwest on South 132nd Street, across Tukwila
International Blvd, and on to South 133rd Street., leaving Tukwila ROW at the
western City limits on South 133rd Street.
Spur Route 2A
Beginning at S. 133rd Street and 32nd Avenue South, the route proceeds south on
32nd Avenue Street to South 137th Street, then east on South 137th Street to 37th
Avenue South. Continue south on 37th Avenue South. to South 140th Street, then
east on South 140th Street to 43rd Avenue South. Proceed south on 43rd Avenue
South to South 144th Street, then east to 46th Avenue South to South 150th
Street. Proceed west on South 150th Street to Thorndyke Elementary School to
provide service. This route will also provide services to Cascade Elementary
School and Foster High School along the route.
Spur Route 2B
Beginning at South 132nd Street and 34th Avenue South, proceed north on 34th
Avenue South to South 130th Street, then cross Tukwila International Blvd to 35th
Avenue South. Proceed north on 35th Avenue South to South 124th Street, then
east to East Marginal Way South. The route will continue north on East Marginal
Way South to the existing backbone at Interurban Ave South.
Spur Route 3
Beginning at Interurban Avenue South and 42nd Avenue South, the route will proceed
north on 42nd Avenue South to South 124th Street, then proceed east on South 124th
Street to 50th PI South. Continue south on 50th PI South and South 129th Street, leaving
Tukwila ROW after crossing 1 -5.
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W:\PW Eng \GIS Projects\ Frank \Fiber Optics \ Astound \ProposedfiberAstound.mxd
Date: 05/15/14 By: R. Linsao
City of
Tukwila
ASTOUND
Project Map
S
Not to Scale
ASTOUND Fiber
Proposed Aerial Facilities
Proposed Underground Facilities
Existing Facilities
Vicinity Map
Disclaimer:
The location of features and boundaries
are approximate and are intended for
reference only. Data is based on best
information available.
14
Date:
EXHIBIT B
Astound Broadband LLC Franchise Agreement Acceptance Form
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No. , Adopted on
Dear City Clerk:
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 "), Astound
Broadband, LLC hereby accepts the terms, conditions and obligations to be complied with or performed
by it under the Ordinance.
Sincerely,
Signature
Printed Name and Title
cc: Frank Iriarte, Deputy Public Works Director
15