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Home My WebLink AboutCOW 2019-06-10 Item 5C - Ordinance - Extend Franchise Agreement with Astound Broadband dba Wave Broadband for 1 YearCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's re ew Council review 06/10/19 CK ) ?4(4 06/17/19 CK ITEM INFORMATION ITEM No. 5.C. STAIT SPoNsoR: CYNDY KNIGHTON ORIGINAL AG F;NDA DATI: 06/10/19 AckNi),\ imm -Mu Ordinance Extending the Non -Exclusive Franchise Agreement for one year with Astound Broadband, LLC (dba Wave) C‘vric;ORY Discussion 06/10/19 Motion Mtg Date LI Resolution Mtg Date El Ordinance Mtg Date 06/17/19 III Bid _Award MIX Date El Public Hear* Mtg Date LI Other Nits Date Mtg Date SPONSOR Council flMayor Lit iR DCD flFinance Fire . TS' P&R Police EIPW Court SPoNsoR' S Ordinance No. 2445 granted a five-year telecommunications franchise to Astound SUMMARY Broadband, LLC (dba "Wave") which currently expires on August 11, 2019. Council is being asked to approve this Ordinance that will extend the franchise agreement for one-year to August 11, 2020. RI NIF,WM) BY El C.O.W. Mtg. CDN Comm 0 Finance El Parks Comm. 11] Public Safety Comm. Comm. Planning Comm. CFLAIR: KATE KRULLER FOR ZAK IDAN R Trans &Infrastructure Arts Comm. DATE: 06/04/19 COmmii l EE RECOMMENDATIONS: SP()NsoR/ADmIN. commriTIT Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI;NDITURF. RI Q.UTRF.1) AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/10/19 06/17/19 MTG. DATE ATTACHMENTS 06/10/19 Informational Memorandum dated 05/31/19 Ordinance in Draft Form Letter of Request for Extension Minutes from the Transportation and Infrastructure Committee meeting of 06/04/19 06/17/19 Ordinance in Final Form 85 86 City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director BY: Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: May 31, 2019 SUBJECT: Astound Broadband, LLC Franchise Agreement Ordinance No. 2445 Extension of Franchise Term Allan Ekberg, Mayor ISSUE Approve an ordinance amending Ordinance No. 2445 extending the franchise term with Astound Broadband, LLC, to August 11, 2020. BACKGROUND State law provides cities the authority to establish franchises to telecommunication providers who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all telecommunication providers to obtain franchise agreements with the City prior to approval to construct, maintain and operate within the City limits. On August 4, 2014, the City Council passed Ordinance No. 2445, granting a five-year franchise to Astound Broadband, LLC (d.b.a. "Wave"). The current franchise agreement term ends on August 11, 2019. DISCUSSION A request to extend the franchise agreement by five years was submitted by Wave on May 8, 2019. Section 3 of Ordinance No. 2445 allows the City to extend the franchise by up to one year beyond the term of the expiration date to allow processing of a renewal — meaning a new franchise agreement would be negotiated during the one-year extension. Staff recommends granting the one-time, one-year extension to allow time for a new franchise agreement to be developed and agreed upon by both parties. FINANCIAL IMPACT There is no direct financial impact to the one-year extension, but developing a new franchise agreement will require staff time to complete. RECOMMENDATION Council is being asked to approve the Ordinance the extends the Astound franchise agreement for one year and to consider this item at the June 10, 2019 Committee of the Whole meeting and subsequent June 17, 2019 Regular Meeting. ATTACHMENTS • Draft Ordinance • Letter of Request for Extension w:\pw eng \projects \franchise \telecom kastound\information memo - franchise extension 6-4-19,docx 87 88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, TO PROVIDE FOR A ONE YEAR EXTENSION OF THE FRANCHISE TERM FOR ASTOUND BROADBAND, LLC, AS AUTHORIZED IN ORDINANCE NO. 2445 §3; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council passed Ordinance No. 2445 on August 4, 2014, granting a five-year franchise to Astound Broadband, LLC, for the purposes of constructing and maintaining a telecommunications system in certain public rights -of -way in the City; and WHEREAS, the franchise granted to Astound Broadband, LLC, expires on August 11, 2019; and WHEREAS, Section 3 of Ordinance No. 2445 allows the City to extend the franchise by up to one year beyond the term of the expiration date to allow processing of a renewal of said franchise; and WHEREAS, Astound Broadband, LLC, has requested an extension of the franchise; and WHEREAS, both Astound Broadband, LLC, and the City Council agree an extension serves the interests of both parties; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Franchise Term Extended. The one time extension of the franchise for Astound Broadband, LLC, as authorized in Ordinance No. 2445, Section 3, is hereby granted for one calendar year to allow for processing of a renewal franchise, thereby extending the current franchise term through August 11, 2020. W: Legislative Development\Astound Broadband franchise one-year extension 5-22-19 CK:bjs Review and analysis by Barbara Saxton Page 1 of 2 89 Section 2. 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 3. 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 of constitutionality of the remaining portion of this ordinance or its application to any other person or situation. Section 4. 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 day of , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Legislative Development\Astound Broadband franchise one-year extension 5-22-19 CK:bjs Review and analysis by Barbara Saxton Page 2 of 2 90 VIA FedEx Henry Hash Director nfPublic Works 63OOSouthcenterBoulevard SuitelO0 Tukwila, WA 98188 RECEIVE-) MAY 08 701,9 TUWVVILA F-Q8ILH-3VVORKS Re: Requost/orTelecommunications Franchise Extension Mr. Hash: Our records indicate that the telecommunications franchise passed by the City Council of the City of Tukwila, Washington, and held by Astound Broadband, LLC doing business as Wave ("Wave") will expire on August IZ'", 2019. We are writing you now in advance of the franchise expiration date' to notify you of VVave's desire to extend the franchise an additional 5 years. Attached is o copy of the current Telecommunications Franchise Agreement. Should you have any questions, please contact meat(6Og)681'Il84. Thank you for your attention to this matter. Very truly yours, / (5 �-/ Z (/ Joseph Kahl VPofRegulatory & Public Affairs Cc David von Moritz Fred Lutz � � � = � � � � � � = � � � � � 91 92 City f T 0- ~ y-^f»y-oUnC'| Transportation & Infrastructure C(JmFD^ffee TRANSPORTATION &UNFRASTRUCTURE COMMITTEE Meeting Minutes June 4,2019 - 5:30 p.m. - Hozelnut Conference Room, CityHoll Counci|members: Kate Kru!ier,Acting Chair; Thomas McLeod, Kathy Hougar6v Staff: David Cline, Henry Hash' Hari Ponnekanti' Han Kirkland, Mike Perhett' [Yndy Knighton, Brandon Miles, and Gail Labanana Guests: Kevin Stamey (Wave), Stuart Bennion (BergerAbam, now WSP) CALLTOORDER: Acting Committee Chair Kruller called the meeting to order at 5:30 p.m. L PRESENTATIONS |X, BWSUNESSAGEND& A. Grant Amendment: Riverton Creek F|apgateRemoval Project Staff is seeking Council approval of Amendment No. 2 to the 18'083 grant agreement with the Washington State Recreation and Conservation Office (R[0) for the Riverton Creek Fiapgate Removal Project. AmendnnentNo.Zindudes$l00'0U0inadditionaifunding from the R[O'which was requested through WRIA 9 to accommodate design changes resulting from Salmon Recovery Funding Board comments on the preliminary design. Sponsor match will come from Cooperative Watershed Management funding from the King County Flood Control District as well as 2019-2020 Surface Water Utility revenue. The overall [|P budget will be increased due tothis additional funding. UNANIMOUS APPROVAL. FORWARD TO JWNE 17,3019 REGULAR CONSENT AGENDA. B. Resolution: Chinook Wind Revised Grant Application Staff is seeking Council approval of an amended Resolution that would authorize a revised grant application to the Washington State Recreation and Conservation office for the Chinook Wind Project. The previously adopted Resolution No. 1943 did not include RC0's most current authorizing language and they are requiring that applicants agree tothe new language. The proposed Resolution also includes authorization to submit Parks acquisition grant to RCO. If successful, the 5096 match of$l5T']00will come from budgeted Surface Water funds nrother identified grant sources. The City match will be within the current C|P budget of $165,000. UNANIMOUS APPROVAL. FORWARD TO JUNE 17,3019 REGULAR CONSENT AGENDA, C. Ordinance: Astound Broadband, LLC Franchise Extension Staff isseeking Council approval of an Ordinance that would extend the franchise term with Astound Broadband, LLC (dba Wave), for an additiona(year through August 11, 2020. In a letter to the City, Wave requested an additional five-year term, but the current franchise ordinance only aUnvvs for a one-year extension for negotiations of the franchise. UNANIMOUS APPROVAL. FORWARD TO JUNE10,2019 COMMITTEE OFTHE WHOLE. D. Resolution: Adopting 20ZO 2025Transportation Improvement Program Staff is seeking Council approval of Resolution to adopt the annual update of the Six -Year Transportation Improvement Program (TIP) for 2020 ' 2025 The TIP is a compilation of transportation projects p|annedvvithinthenextsixyearsthataredeennedregionaUysignificantor 93