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HomeMy WebLinkAboutReg 2020-08-17 Item 3C - Ordinance - 1-Year Extension of Astound Broadband Franchise AgreementCOUNCIL AGENDA SYNOPSIS ---------------------------------- Initials Meetinga Date Prepared by Mayor's review Council review 08/10/20 AY 08/17/20 AY ITEM INFORMATION ITEM NO. 3.C. STAFF SPONSOR: JOEL BUSH ORIGINAL AGENDA DATE: 08/10/20 AGENDA ITEM TITLE Ordinance extending Franchise Agreement with Astound Broadband, LLC CATEGORY ® Discussion Mtg Date 08110120 ❑ Motion Mtg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 08117120 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Otber Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS ❑ Pcj�'R ❑ Police ❑ Pik SPONSOR'S Approve an ordinance amending Ordinance No. 2445 extending the franchise term with SLTMNLARY Astound Broadband, LLC to August 11, 2021 and allow for additional extensions in one- year increments. REVIE','ED BY ®Trans&Infrastructure ❑ Communit sys/Safety- ❑ Finance Com ❑ Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 08/03/20 COMMITTEE CHAIR: DELOSTRINOS JOHNSON RECOMMENDATIONS: SPONSOR/ADMIN. Technology & Innovation Services COMMITTEE Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08/10/20 Forward to next Regular Meeting 08/17/20 MTG. DATE ATTACHMENTS 08/10/20 Informational Memorandum dated 07/31/20 Draft Ordinance Letter of Request for Extension Map (Requested by the Transportation & Infrastructure Committee) Minutes from the 8/3 T&I Committee Meeting 08/17/20 Final Ordinance 2 Ciety Tui�lwioi I Washington , �, ,, o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2445, THE ASTOUND BROADBAND, LLC, FRANCHISE AGREEMENT, TO AMEND THE FRANCHISE TERM LANGUAGE AND PROVIDE FOR A ONE-YEAR EXTENSION OF THE FRANCHISE TERM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council passed Ordinance No. 2445 on August4, 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, Ordinance No.2607, passed on June17, 2019, authorizedan extension of the franchise granted to Astound Broadband, LLC, for a one-year period, pursuantto Section 3 of Ordinance No. 2445; and WHEREAS, the franchise agreement has a current expiration of August 11, 2020; and WHEREAS, Astound Broadband, LLC, and the City desire an additional extension of the franchise to facilitate continued negotiation of a new franch ise agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2445, §3, is amended to read as follows: 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 underthis Franchise Agreement unless written acceptance with the City is received pursuantto 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 in one-year increments beyond the expiration date to allow processing of the 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. W: Legislative Development\Astound Broadband amendment and extension 8-11-20 EC:bjs Review and analysis by Barbara Saxton Page 1 of 3 K Section 2. Franchise Term Extended. A one-year extension of the franchise for Astound Broadband, LLC, is hereby granted to allow for processing of a renewal franchise, thereby extending the currentfranchise term through August 11, 2021. Section 3. Acceptance of Terms and Conditions. The full acceptance of this amendmentand extension to the Franchise Agreement and all the terms and conditions shall be filed with the City Clerk within 10 days of the effective date of this ordinance in the form attached hereto as Exhibit A. Failure on the part of Astound to file said consent within 10 days of the effective date of this ordinance shall void and nullify any and all rights granted underthis Franchise Agreement. Section 4. 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 5. 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 6. Effective Date. This ordinance ora 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 , 2020. ATTEST/AUTHENTICATED: ChristyO'Flaherty, MMC, City Clerk F."Im WS04100 by —Ala Ilea Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Exhibit A — Franchise Agreement Amendment and Extension Acceptance Form W: Legislative DevelopmentWstound Broadband amendment and extension 8-11-20 EC:bjs Review and analysis by Barbara Saxton S1 Page 2 of 3 Astound Broadband, LLC, Amendment and Extension Acceptance Form Date: 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 3 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 underthe Ordinance. Sincerely, Signature Name: Title: Date: cc: TIS Director, City of Tukwila, 6200 South center Blvd, Tukwila, WA 98188 W: Legislative DevelopmentVWstound Broadband amendment and extension 8-11-20 EC:bjs Review and analysis by Barbara Saxton Page 3 of 3 0.