HomeMy WebLinkAboutReg 2019-06-17 Item 5B - Ordinance - Extend Franchise Term with Astound Broadband for 1 YearCOUNCIL AGENDA SYNOPSIS
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Meeting Date
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Council review
06/10/19
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06/17/19
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ITEM INFORMATION
ITEM No.
5.B.
STAFF SPONS( )R: CYNDY KNIGHTON
ORIGINAL AGENDA DATE: 06/10/19
AGENDA F1INI TITLE Ordinance Extending the Non -Exclusive Franchise Agreement for one year with
Astound Broadband, LLC (dba Wave)
CATEGORY r4 Discussion
06/10/19
['Motion
Altg Date
Resolution
Mtg Date
II Ordinance
El Bid Award
Mtg Date
III Public Hearing
Altg Date
0 Other
Ally Date
Mtg Date
Altg Date 06/17/19
SPONSOR Council 111Mayor El HR EIDCD Finance Fire On' EP&R Police El PW Colin'
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.
itiwil,vviq) BY
E C.O.W.
Mtg.
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CDN Comm
Finance Comm. 0 Public Safety Comm.
0 Parks Comm. Planning Comm.
COMMH. 1EE CELAIR: KATE KRULLER FOR ZAK MAN
Trans &Infrastructure
Arts Comm.
DATE: 06/04/19
RECOMMENDATIONS:
SPONSOR/ADMIN.
CommITIlm:
Public Works Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPINDITURI R., 1 I !;I) 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
109
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Washington
Ordinance No.
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
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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:
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