HomeMy WebLinkAboutOrd 2474 - Telecommunications System Franchise with Zayo Group LLCCity of Tukwila
Washington
Ordinance No. . l 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON- EXCLUSIVE
FRANCHISE TO ZAYO GROUP, 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, Zayo Group, hereinafter referred to as "Zayo," is a telecommunications
company that, among other things, provides voice and data services to customers,
including those in the Puget Sound region; and
WHEREAS, Zayo'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 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 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, HEREBY ORDAINS AS FOLLOWS;
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Section 1. Non - exclusive Franchise Granted.
A. The City hereby grants to Zayo, 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 Zayo 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 Zayo; provided, that such other franchises do not
unreasonably interfere with Zayo'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 Zayo 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 Zayo.
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 five years from the effective date of this ordinance.
However, this Franchise Agreement shall not take effect and Zayo 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 Zayo 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, written notice of the
extension shall be provided to Zayo prior to the Franchise expiration date.
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 Zayo 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.
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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, Zayo shall, within 24 hours of the emergency, obtain a permit from the City
of Tukwila's Public Works Department.
1 Coordination. All capital construction projects performed by Zayo 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.
3. Construction Standards. Any construction, installation, maintenance and
restoration activities performed by or for Zayo 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.
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 Public Works
Director.
5. Relocation.
a. The City shall have the right to require Zayo to alter, adjust, relocate,
or protect in place its facilities within the public right -of -way when reasonably necessary
for construction, alteration, repair, or improvement of any portion of the public rights -of-
way for purposes of public welfare, health, or safety (Public Improvements "). Such
Public Improvements include, by way of example but not limitation, public rights -of -way
construction; public rights -of -way repair (including resurfacing or widening); change of
public rights -of -way grade; construction, installation or repair of sewers, drains, water
pipes, power lines, signal lines, communication lines, or any other type of government -
owned communications, utility or public transportation systems, public work, public
facility, or improvement of any government -owned utility; public rights-of-way vacation,
and the construction of any public improvement or structure by any governmental
agency acting in a governmental capacity. In the event the City requires Zayo to
relocate its faciliites, the City shall provide Zayo 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 Zayo 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. The
City shall notify Zayo as soon as practicable of the need for relocation and shall specify
the date by which relocation shall be completed. Except in case of emergency such
notice shalt be no less than 30 days.
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b. To ensure timely execution of relocation requirements, Zayo shall,
upon written request from the City, provide at Zayo'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. Zayo may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation within the 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
Zayo 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,
Zayo shall submit additional information to assist the City in making such evaluation.
The City shall give each alternative proposed by Zayo full and fair consideration. In the
event the City, in its sole discretion, decides not to accept the alteratives suggested by
Zayo, Zayo shall relocate its facilities as otherwise specified in Section 5, subparagraph
5.
d. Upon final approval of the relocation plan by the City, Zayo shall, at its
own expense, unless otherwise prohibited by statute, and at the time frame 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 Zayo's facilities, Zayo shall.
upon notification from the City, respond within 24 hours to resolve the conflict.
f. Zayo acknowledges and understands that any delay by Zayo in performing the
work to alter, adjust, relocate, or protect in place its facilities within the public rights -of-
way may delay, hinder, or interfere with the work performed by the City and its
contractors and subcontractors in furtherance of construction, alteration, repair, or
improvement of the public rights -of -way, and result in damage to the City, including but
not limited to, delay claims_ Zayo shall cooperate with the City and its contractors and
subcontractors to coordinate such relocation work to accommodate the public
improvement project and project schedules to avoid delay, hindrance of, or interference
with such project.
g. Should Zayo fail to alter, adjust, protect in place or relocate any facilities
ordered by the City to be altered, adjusted, protected in place, or relocated, within the
time prescribed by the City, given the nature and extent of the work, or if it is not done to
the City's reasonable satisfaction, the City may, to the extent the City may lawfully do
so, cause such work to be done and bill the reasonable cost of the work to Zayo,
including all reasonable costs and expenses incurred by the City due to Zayo's delay.
In such event, the City shall not be liable for any damage to any portion of Zayo's
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system. In addition to any other indemnity set forth in this Franchise Agreement, Zayo
will indemnify, hold harmless, and pay the costs of defending the City from and against
any and all claims, suits, actions, damages, or liabilities for delays on public
improvement construction projects caused by or arising out of the failure of Zayo to
adjust, modify, protect in place, or relocate its facilities in a timely manner; provided that,
Zayo shall not be responsible for damages due to delays caused by the City.
6. Removal or Abandonment. Upon the removal from service of any service
antennas or other associated structures, facilities and amenities, Zayo shall comply with
all applicable standards and requirements prescribed by the City of Tukwila's Public
Works Department for the removal or abandonment of said structures and facilities. No
facility constructed or owned by Zayo shall 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, Zayo shall, upon the request of the City, furnish a bond executed by Zayo
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 Zayo'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 Zayo in the City rights -of -way. At Zayo's sole option, Zayo
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 Zayo 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 Zayo work or materials
discovered in the City's roads, streets or property.
8. "One -Call" Location and Liability. Zayo 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 Zayo's
system components or for interruptions in service to Zayo customers which are a direct
result of work performed for any City project for which Zayo 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 Zayo system
components or for interruptions in service to Zayo customers resulting from work
performed under a permit issued by the City.
9. As -Built Plans Required. Zayo 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 Zayo pursuant
to this Franchise Agreement. The City shall determine the acceptability of any as- built
submittals provided under this section.
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10. Recovery of Costs. Zayo 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, Zayo 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 Zayo, 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 Zayo by reason of such termination other than those
provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by Zayo 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 Agreement and requests remedial action within
30 days of receipt of such notice. If Zayo 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 Zayo's actions under this Franchise Agreement, or any failure by
Zayo to act to correct a situation caused by Zayo, 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 Zayo 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 Zayo and give Zayo an opportunity to correct within a
specified time said threat, financial harm or delay before undertaking such corrective
measures. Zayo 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 Zayo 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 Zayo to take appropriate
action to correct a situation caused by Zayo 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.
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2_ if, during construction or maintenance of Zayo'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, Zayo 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 Zayo'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 this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, Zayo shall, at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow Zayo to abandon its facilities in place.
Section 7. Insurance.
A. Zayo 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.
R. 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 Grantee 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 Zayo to acquire additional insurance. 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
Zayo 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 or any rights, title or interest in Zayo'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 Zayo to another person
or entity controlling, controlled by, or under common control with Zayo. Zayo may
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License fibers to other users without the consent of the City provided that Zayo 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, Zayo
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 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" 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. Zayo 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 35.99.010.
B. Zayo 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 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 Zayo 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, Zayo shall reimburse the City for franchise
amendments and expenses associated with the project. Zayo shall pay such costs
within 30 days of receipt of a bill from the City.
E. Failure by Zayo 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.
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Section 11. Notices. Any notice to be served upon the City or Zayo 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
Zayo Group, LLC
ATTN: General Counsel (ZPI)
1805 29th Street
Boulder, CO 80301
Section 12. Indemnification.
A. Zayo 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. Zayo shall indemnify and 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 Zayo, its officers, agents, servants or employees, carried on in the
furtherance of the rights, benefits, and privileges granted to Zayo by this Franchise. In
the event any claim or demand is presented to or filed with the City that gives rise to
Zayo's obligation pursuant to this section, the City shall within a reasonable time notify
Zayo thereof and Zayo 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 Zayo's obligation pursuant to this section, the City shall promptly notify Zayo thereof,
and Zayo 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, Zayo 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 Zayo 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 Zayo and the City, Zayo's
obligations under this paragraph shall only extend to its share of negligence or fault.
The City shall have the right at all times to participate through its own attorney in any
suit or action which arises out of any right, privilege, and authority granted by or
exercised pursuant to this Franchise Agreement when the City determines that such
participation is required to protect the interests of the City or the public. Such
participation by the City shall be at the City's sole cost and expense.
C. With respect to the performance of this Franchise and as to claims against the
City, its officers, agents and employees, Zayo expressly waives its immunity under Title
51 of the Revised Code 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 Zayo'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 Zayo, to enforce the remaining provisions of the ordinance, Zayo 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. Zayo 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. Zayo 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 Zayo, shall thereafter govern Zayo's activities
hereunder; provided, however, that in no event shall regulations:
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1. materially interfere with or adversely affect Zayo "s rights pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to Zayo and other
similar user of such facilities.
Section 17. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations: or ordinance numbering
and section /subsection numbering_
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
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 L. '77 day of L 2015.
ATTEST /AUTHENTICATED:
r."3 ---F., '1 1i 0----
v. _...)
Christy O'FI erty, MMC, City Cle
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
1/4-r
Filed with the City Clerk: ti - -/S-
Passed by the City Council: - L44.E.
Published: 5 �_i
Ordinance Number:
Effective Date:
Attachments: Exhibit A — Fiber Optic System Description
Exhibit A -1 — Zayo Project Route Map
Exhibit B — Franchise Agreement Acceptance Form
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EXHIBIT A — Page 1
Zayo Group, LLC
Fiber Optic System Description
(2) 1 -114" conduits within the 360 Networks joint build beginning at the south City
limits on West Valley highway northerly approximately 2.22 miles to the intersection of
West Valley Highway, Grady Way and Interurban Ave S. Populated with (1) 432 count
fiber optic cable_
(2) 1-1/4" conduits within the 360 Networks joint build continuing westerly along
SW Grady Way approximately .2 miles to the eastern City limits. Populated with
(1) 432 count fiber optic cable.
(2) 1-1/4" conduits within the 360 Networks joint build from the intersection of
SW Grady Way, West Valley Highway and Interurban Ave S northerly approximately
3.16 miles to the intersection of Interurban Ave S and E Marginal Way S. Populated
with (1) 864 count fiber optic cable. Note: There is no cable placed between S 133 St
and E Marginal Way S along Interurban Ave S_
(2) 1-1/4" conduits within the 360 Networks joint build from the intersection of
Interurban Ave S and E Marginal Way S northerly approximately 63 miles to the
intersection of E Marginal Way S and S Boeing Access Rd. Populated with
(1) 432 count fiber optic cable_
(2) 1-1/4" conduits within the 360 Networks joint build from the intersection of
Boeing Access Rd easterly approximately .23 miles to the intersection of Boeing Access
Rd and Airport Way S at the northern City limits. Populated with (1) 432 count fiber
optic cable,
(8) 1-1/2" conduits within the McLeod joint build from the intersection of Interurban
Ave S and S 133 St westerly approximately .36 miles, then continuing northerly along
E Marginal Way S approximately 1 mile to the intersection of E Marginal Way S and
Interurban Ave S. Populated with (1) 864 count fiber optic cable. Note: There is no
cable placed between S 124 St and S 120 St along E Marginal Way S.
(8) 1-1/2" conduits from the intersection of E Marginal Way S and S 124 St westerly
approximately .13 miles. Populated with (1) 864 count fiber optic cable.
(4) 1-1/2" conduits within the Williams joint build from the intersection of S 130 St
and Tukwila International Boulevard northerly approximately 1 4 miles to the
intersection of Tukwila international Boulevard and E Marginal Way S, then continuing
northerly on E Marginal Way S approximately 1.9 miles to the north City limits.
EXHIBIT A — Page 2
(2) 1 -1/2" conduits from the intersection of S 130 St and E Marginal Way S to SCL
pole 1375850 - 12901, approximately .023 miles. Populated with (1) 48 count fiber optic
cable. Strand and lash (1) 48 count fiber optic cable to SCL pole 1375850 - 12091; east
on S 130 St, south on Macadam Rd S, and south east on S 131 PI to 13130 44 Ave S,
approximately .42 miles.
(2) 1 -112" conduits from the intersection of S 130 St and Tukwila International
Boulevard to SCL pole 1375537, approximately .029 miles. Populated with (1) 144
count fiber optic cable. Strand and lash (1) 144 count fiber optic cable to SCL pole
1375537; west on S 130 St, south on 32 Ave S, and east on S 135 St to City of SeaTac
city limits approximately .54 miles.
(2) 1-1/2" conduits from the intersection of S 152'St and Tukwila International
Boulevard east on S 152 St to SCL pole 1375449, approximately .066 miles. Populated
with (1) 144 count fiber optic cable. Strand and lash (1) 144 count fiber optic cable to
SCL pole 1375449; east on S 152 St to SCL pole 1375133 approximately
.24 miles.
(2) 1 -1/2" conduits from SCL pole 1375133 east on S 152 St, south on 42 Ave S to
SCL pole 1375335 approximately .269 miles. Populated with (1) 144 count fiber optic
cable. Strand and lash (1) 144 count fiber optic cable to SCL pole 1 375335; south on
42 Ave S to City of SeaTac city limits approximately .25 miles.
PLANNED
(2) 1-1/2" conduits from the intersection of W Valley Hwy and Strander Blvd west on
Strander, south on Andover Park E to 325 Andover Park E approximately 41 miles.
Populated with (1) 48 count fiber optic cable.
(2) 1-1/2" conduits from the intersection of W Valley Hwy and S 180 St east on
S 180 St to the City of Kent city limits approximately .34 miles. Populated with
(1) 48 count fiber optic cable.
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Disclaimer:
The location of features and boundaries
are approximate and are intended for
reference only. Data is based on best
information available.
EXHIBIT B
Zayo Group, LLC
Franchise Agreement Acceptance Form
Date: ,-5-1G I ��
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No. 2P7 , adopted on
Dear Ms. O'Flaherty:
In accordance with and as required by Section 4 of City of Tukwila Ordinance
No. ;Li-Pi (the "Ordinance "), passed by the City Council and approved by the
Mayor on SIV l$- , Zayo Group, LLC, hereby accepts the terms,
conditions and obligations to be complied with or performed by it under the
Ordinance.
Sincerely,
D2J13
Printed Name
! 55 Oc r Gekua,4-0.1 QLM
Title
cc: Frank Iriarte, Public Works Department, City of Tukwila
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2474 - 2476.
On May 4, 2015 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2474: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO ZAYO
GROUP, 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.
Ordinance 2475: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF
TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING,
MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE
GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY
AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER
69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE
OF WASHINGTON, REPEALING ORDINANCE NO. 2439; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2476: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1850, AS CODIFIED AT
TUKWILA MUNICIPAL CODE CHAPTER 12.08; REENACTING TUKWILA MUNICIPAL
CODE CHAPTER 12.08 TO UPDATE PARK RULES AND REGULATIONS; PROVIDING
FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: May 7, 2015