HomeMy WebLinkAboutOrd 2546 - Telecommunications System Franchise with Sprint Communications CompanyCity of Tukwila
Washington
Ordinance No. LI 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE
FRANCHISE TO SPRINT COMMUNICATIONS COMPANY L.P., A
DELAWARE LIMITED PARTNERSHIP 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; REPEALING
ORDINANCE NOS. 2102 AND 1439; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Sprint Communications Company L.P., hereinafter referred to as
"Sprint," is a telecommunications company that, among other things, provides high
capacity interexchange transport to telecommunications common carriers, including
data transmission, linkage to long distance carriers and other telecommunications
services to customers in the Puget Sound region; and
WHEREAS, Sprint'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 installation, operation and maintenance of a fiber optic system and
transmission of communications;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non-exclusive Franchise Granted.
A. The City hereby grants to Sprint, 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 all City -owned rights-of-way,
hereinafter referred to as the "Franchise Area."
B. The foregoing franchise rights and authority ("Franchise") shall not be deemed
to be exclusive to Sprint 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 Sprint; provided, that such other franchises do not
unreasonably interfere with Sprint'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 Sprint 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 Sprint.
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 10 years from the effective date of this ordinance.
However, this Franchise Agreement shall not take effect and Sprint 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 Sprint 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 Sprint 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 A. Failure on the part of Sprint 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.
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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.
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, Sprint shall, within 24 hours of the emergency, obtain a permit from the City
of Tukwila's Public Works Department.
2. Coordination. All capital construction projects performed by Sprint 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 Sprint 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 the 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 Sprint 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 Sprint to
relocate its facilities, the City shall provide Sprint 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 Sprint shall meet at a time and location determined by the City to discuss
the project requirements including critical timelines, schedules, construction standards,
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utility conflicts, as -built requirements, and other pertinent relocation plan details. The
City shall notify Sprint 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 shall be no less than 90 days.
b. To ensure timely execution of relocation requirements, Sprint shall,
upon written request from the City, provide at Sprint'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 reasonably
required for such relocation within the time frame specified by the City.
c. Sprint 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. Except in case of emergency, as determined by the City in its sole
discretion, such time specified by the City shall be no less than 30 days. Such
alternatives shall include the use and operation of temporary facilities in adjacent rights-
of-way. The City shall evaluate such alternatives and advise Sprint 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, Sprint shall submit
additional information as reasonably required to assist the City in making such
evaluation. The City shall give each alternative proposed by Sprint full and fair
consideration. In the event the City, in its sole discretion, decides not to accept the
alternatives suggested by Sprint, Sprint shall relocate its facilities as otherwise specified
in Section 5, subparagraph 5.
d. Upon final approval of the relocation plan by the City, Sprint 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. In the event
relocation is required by reason of construction by a third party, non-governmental
entity, for the sole benefit of the third party, non-governmental entity, then Sprint's
relocation costs shall be borne by the third party.
e. If during the construction, repair, or maintenance of the City's public
improvement project an unexpected conflict occurs from Sprint's facilities, Sprint shall,
upon notification from the City, respond within 24 hours to resolve the conflict.
f. Sprint acknowledges and understands that any delay by Sprint 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. Sprint shall cooperate with the City and its contractors
and subcontractors to coordinate such relocation work to accommodate the public
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improvement project and project schedules to avoid delay, hindrance of, or interference
with such project.
g. Should Sprint 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
Sprint, including all reasonable costs and expenses incurred by the City due to Sprint's
delay. In such event, the City shall not be liable for any damage to any portion of
Sprint's system. In addition to any other indemnity set forth in this Franchise
Agreement, Sprint 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 Sprint
to adjust, modify, protect in place, or relocate its facilities in a timely manner; provided
that, Sprint 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, Sprint 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 Sprint 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, Sprint shall, upon the written request of the City, furnish a bond executed
by Sprint 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 Sprint's obligations under this Franchise Agreement, provided,
however, that such sum shall not exceed 150% of the cost of the work to be done or the
telecommunications system to be installed by Sprint in the City rights-of-way. At
Sprint's sole option, Sprint 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
Sprint 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
Sprint work or materials discovered in the City's roads, streets or property.
8. "One -Call" Location and Liability. Sprint 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 Sprint's
system components or for interruptions in service to Sprint customers which are a direct
result of work performed for any City project for which Sprint 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 Sprint system
components or for interruptions in service to Sprint customers resulting from work
performed under a permit issued by the City.
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9. As -Built Plans Required. Sprint 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
Sprint pursuant to this Franchise Agreement. The City shall determine the acceptability
of any as -built submittals provided under this section.
10. Recovery of Costs. Sprint 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, Sprint shall pay such reasonable costs and expenses
directly to the City within 30 days following receipt of an invoice, together with
reasonable supporting documentation evidencing such costs and expenses.
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 60 -
days written notice to Sprint, 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 Sprint by reason of such termination other than those
provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by Sprint 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
60 days of receipt of such notice. If Sprint has not attained full compliance at the end of
the 60 -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 60 -day period.
B. Emergency Actions.
1. If any of Sprint's actions under this Franchise Agreement, or any failure by
Sprint to act to correct a situation caused by Sprint, 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 Sprint 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 Sprint and give Sprint an opportunity to correct
within a specified time said threat, financial harm or delay before undertaking such
corrective measures. Sprint shall be liable for all reasonable 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 Sprint and shall further be liable
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for all reasonable 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 Sprint to take appropriate action to correct a situation caused by Sprint 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.
2. If, during construction or maintenance of Sprint'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, Sprint 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 Sprint'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, Sprint shall, at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow Sprint to abandon its facilities in place.
Section 7. Insurance.
A. Sprint 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. Should Title 11 of the TMC be amended to increase the
required amounts and conditions, Sprint shall acquire additional insurance.
B. 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 materially 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.
Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve
Sprint 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 Sprint's telecommunications system in
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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 Sprint to another person
or entity controlling, controlled by, or under common control with Sprint. Sprint may
license fibers to other users without the consent of the City provided that Sprint remains
solely responsible for the terms and conditions outlined in this Franchise Agreement.
B. In any transfer of this Franchise that requires the approval of the City, Sprint
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 a 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. Sprint 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. Sprint shall be subject to a one-time $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 the 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 notice of 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 Sprint 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, Sprint shall reimburse the City for franchise
amendments and expenses associated with the project. Sprint shall pay such costs
within 60 days of receipt of a bill from the City, together with reasonable supporting
documentation evidencing such costs.
E. Failure by Sprint 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 Sprint shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila WA 98188
Email: TukwilaCityClerk(c�tukwilawa.gov
Phone: 206-433-1855
Sprint Communications Company L.P.
ATTN: Manager, Real Estate
6391 Sprint Parkway
MS: KSOPHT0101-Z2040
Overland Park, KS 66251
With copies to:
Sprint Communications Company L.P.
Attn: Real Estate Attorney
6391 Sprint Parkway
MS: KSOPHT0101-Z2020
Overland Park, KS 66251
Steven Schauer
Sprint Senior OSP Engineer
2210 S 35th St.
Tacoma, WA 98409
Section 12. Indemnification.
A. Sprint 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. Sprint 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 Sprint, its officers, agents, servants or employees, carried on in the
furtherance of the rights, benefits, and privileges granted to Sprint by this Franchise. In
the event any claim or demand is presented to or filed with the City that gives rise to
Sprint's obligation pursuant to this section, the City shall within a reasonable time notify
Sprint thereof and Sprint 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 that gives rise to
Sprint's obligation pursuant to this section, the City shall promptly notify Sprint thereof,
and Sprint 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, Sprint may, at its election and at its
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sole cost and expense, settle or compromise such suit or action. This section shall not
be construed to require Sprint 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.
B. To the extent of any concurrent negligence between Sprint and the City,
Sprint'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 that 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, Sprint expressly waives its immunity under Title
51 of the Revised Code of 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 Sprint'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 Sprint, to enforce the remaining provisions of the ordinance, Sprint 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.
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Section 15. Police Powers. Nothing contained herein shall be deemed to affect
the City's authority to exercise its police powers. Sprint 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. Sprint
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 Sprint, shall thereafter govern Sprint's
activities hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect Sprint's rights pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to Sprint and other
similar user of such facilities.
Section 17. Repealer. Ordinance Nos. 2102 and 1439 are hereby repealed.
Section 18. 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 19. Force Majeure. Sprint will not be held in violation under, or in
noncompliance with, the provisions of this Franchise, nor suffer any enforcement
relating thereto, where such noncompliance or alleged violation occurred or was
caused by circumstances reasonably beyond the ability of Sprint to control. This
includes war or riots, civil disturbances, floods or other natural catastrophes, labor
stoppages or slowdowns not attributable to Sprint's employees, or power outages
exceeding back-up power supplies, and work delays caused by waiting for utility
providers to service or monitor their utility poles to which Sprint's Cable System is
attached as well as verifiable unavailability of materials and/or qualified labor to
perform the work necessary. Sprint shall have a reasonable time, under the
circumstances, to perform the affected obligation under this Franchise or to procure a
substitute for such obligation that is satisfactory to the City. If Sprint believes that a
reason beyond its control has prevented or delayed its compliance with the provisions
of this Franchise, Sprint shall provide documentation as reasonably required by the
City to substantiate Sprint's claim. If Sprint has not yet cured the deficiency, Sprint
shall also provide the City with its proposed plan for remediation, including the timing
for such cure.
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Section 20. 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 j grN day of .SOpQ „r\ bQ ✓' , 2017.
ATTEST/AUTHENTICATED:
W?;_
Christy O'Flaherty, MMC, City Clete' Allan ' •erg, Mayor
APPROVED AS TO FORM BY:
Rac el B. Turpin, City Attorney
Filed with the City Clerk: q -- i3 - )�
Passed by the City Council: G - j2-17
Published: 9-j)-19
Effective Date: CI -.1b -10
Ordinance Number: S w b
Attachment: Exhibit A — Franchise Agreement Acceptance Form
W: Word Processing\Ordinances\Sprint Franchise Agreement 8-11-17
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Page 12 of 12
EXHIBIT A
Sprint Communications Company L.P.
Franchise Agreement Acceptance Form
Date : A
E
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No. 2546
Dear City Clerk:
, adopted on September 18, 2017
In accordance with and as required by Section 4 of City of Tukwila Ordinance
No. 2546 , passed by the City Council and approved by the Mayor on
September 18, 2017 (the "Ordinance"), Sprint Communications Company
L.P., hereby accepts the terms, conditions and obligations to be complied with or
performed by it under the Ordinance.
Sincerely,
James . Farris
Manager, Real Estate
cc: Bob Giberson, Public Works Director, City of Tukwila
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2545-2550.
On September 18, 2017 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2545:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2494 §13, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 9.20.090, TO UPDATE REGULATIONS
REGARDING RECREATIONAL VEHICLE AND TRAILER PARKING IN RESIDENTIAL
ZONES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2546
: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO SPRINT
COMMUNICATIONS COMPANY L.P., A DELAWARE LIMITED PARTNERSHIP
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; REPEALING ORDINANCE NOS. 2102 AND 1439; PROVIDING
FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2547:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE CHAPTER 8.45, “ENFORCEMENT”; REENACTING
TUKWILA MUNICIPAL CODE CHAPTER 8.45, “ENFORCEMENT,” TO CLARIFY AND
STREAMLINE THE CODE ENFORCEMENT PROCESS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2548
: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2067, AS CODIFIED IN
VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 8.45,
“ENFORCEMENT”; ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL
CODE TO CONSOLIDATE PROCEDURES FOR ENFORCEMENT ISSUES RELATED
TO UNFIT DWELLINGS, BUILDINGS AND STRUCTURES, TO BE CODIFIED AS
TUKWILA MUNICIPAL CODE CHAPTER 8.48; PROVIDING FOR SEVERABILITY;
DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2549:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
MULTIPLE TITLES OF THE TUKWILA MUNICIPAL CODE, TO INCORPORATE
HOUSEKEEPING CODE AMENDMENTS RELATED TO UPDATES TO TUKWILA
MUNICIPAL CODE CHAPTER 8.45, “ENFORCEMENT;” PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2550:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ELECTING NOT TO ADOPT RCW 8.26.035 THROUGH
RCW 8.26.115 FOR CERTAIN PROGRAMS OR PROJECTS NOT RECEIVING
FEDERAL FINANCIAL ASSISTANCE INITIATED ON OR BEFORE DECEMBER 31,
2017; PROVIDING FOR SEVERABILITY; 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: September 21, 2017