HomeMy WebLinkAboutOrd 2632 - One-Year Extension of Astound Broadband Franchise AgreementWashington
Ordinance No. %3
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.2445on 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 June 17, 2019, authorized an 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 franchise 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 under this
Franchise Agreement unlessa 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.
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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 cu rrent franchise term through August 11, 2021.
Section 3. Acceptance of Terms and Conditions. The full acceptance of this
amendment and 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 u nder this 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 th is ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/su bsection 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 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 kerti day of , 2020.
ATTEST/AUTHENTICATED:
06Zte,./ 61C/2(evetezt.ered
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
CliC.GaZ; k9cutce
Office of the City Attomey
Filed with the City Clerk: a- (2-2&
Passed by the City Council: 8- 17 -2.'-
Published:
Effective Date: 7-5; 2-
OrdinanceNumber: 2 43)
Attachment: Exhibit A — Franchise Agreement Amendment and Extension Acceptance Form
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EXHIBIT A
Astound Broadband, LLC, Amendment and Extension
Acceptance Form
Date: 9/3/2020
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila WA 98188
Re: Ordinance No. 2632 , adopted on 8/17/2020
Dear City Clerk:
In accordance with and as required by Section 3 of City of Tukwila Ordinance
No. 2632 , passed by the City Council and approved by the Mayor on
8/17/2020 (the "Ordinance"), Astound Broadband, LLC, hereby
accepts the terms, conditions and obligations to be complied with or performed by it
underthe Ordinance.
Sincerely,
ASTOUND BROADBAND, LLC
Signature
Name: /<Ci/7
Title:
Date:
cc: cc: TIS Director, City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2632-2633.
On August 17, 2020 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 2632: 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.
Ordinance 2633: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2038, AS CODIFIED AS
CHAPTER 16.52, "FLOOD PLAIN MANAGEMENT;" REENACTING TMC CHAPTER
16.52 TO PROVIDE FOR INTERIM FLOOD PLAIN MANAGEMENT REGULATIONS
AND POLICIES AS REQUIRED OF JURISDICTIONS PARTICIPATING IN THE
NATIONAL FLOOD INSURANCE PROGRAM; ESTABLISHING SIX MONTHS AS THE
EFFECTIVE PERIOD FOR THE INTERIM ORDINANCE; ADOPTING FINDINGS;
PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: August 20, 2020