HomeMy WebLinkAboutOrd 2536 - Telecommunications System Franchise with Verizon Access Transmission Services (MCImetro Access Transmission Services Corporation)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE
FRANCHISE TO MCIMETRO ACCESS TRANSMISSION
SERVICES CORP., A DELAWARE CORPORATION, d/b/a
VERIZON ACCESS TRANSMISSION SERVICES, 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;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, MC[metro Access Transmission Services Corporation, d/b/a Verizon
Access Transmission Services, hereinafter referred to as "MCImetro" or "Franchisee," 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, MC[metro'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
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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;
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 MCImetro, 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 the City-owned rights-of-way, generally described
as that area within the present and future boundaries of the City, and hereinafter referred
to as the "Franchise Area."
B. The foregoing franchise rights and authority ("Franchise") shall not be deemed
to be exclusive to MCImetro 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 MClmetro; provided, that such other franchises do not unreasonably
interfere with MCImetro's exercise of franchise rights granted herein. 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 MCImetro 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 MCImetro.
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 MCImetro 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 MCImetro 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 MCImetro prior to the Franchise expiration
date.
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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
B. Failure on the part of MCImetro 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.
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, MCImetro 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 MCImetro
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 MCImetro 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 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
consistent with the requirements of TIVIC Section 11.32.090(B).
5. Relocation.
a. The City shall have the right to require MCImetro 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 public
property in 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
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by any governmental agency acting in a governmental capacity. In the event the City
requires MCImetro, to relocate its facilities, the City shall provide IVICImetro 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 IVICImetro shall meet at a time and location determined
by the City to discuss the project requirements including critical timelines, schedules,
construction standards, utility conflicts, as-built requirements, and other pertinent
relocation plan details. The City shall notify MCImetro 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, MCImetro shall,
upon written request from the City, provide at MCImetro'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 within the time
frame specified by the City.
c. MCImetro, 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. Such alternatives shall include the use and operation of temporary
facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise
MCImetro 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, MCImetro, shall submit additional information to assist the City in making such
evaluation. The City shall give each alternative proposed by MCImetro full and fair
consideration. In the event the City, in its sole discretion, decides not to accept the
alternatives suggested by MCImetro, MCImetro, shall relocate its facilities as otherwise
specified in Section 5, subparagraph 5.
d. Upon final approval of the relocation plan by the City, MCImetro, shall,
consistent with the requirements of TIVIC Section 11.32.090(E) and RCW § 35.99.060,
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 MCImetro'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 MCImetro's facilities, MCImetro
shall, upon notification from the City, respond within 24 hours to resolve the conflict.
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f. MCImetro acknowledges and understands that any delay by MCImetro,
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. MCImetro, shall cooperate with the City and its contractors
and subcontractors to coordinate such relocation work to accommodate the public
improvement project and project schedules to avoid delay, hindrance of, or interference
with such project.
g. Should MCImetro 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 MCImetro,
including all reasonable costs and expenses incurred by the City due to MCImetro's delay.
In such event, the City shall not be liable for any damage to any portion of MCImetro's
system. In addition to any other indemnity set forth in this Franchise Agreement,
MCImetro 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 MCImetro to
adjust, modify, protect in place, or relocate its facilities in a timely manner; provided that,
MCImetro 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, MCImetro, 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 MCImetro 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,
MCImetro shall, upon the request of the City, furnish a bond executed by MCImetro 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
MCImetro's obligations under this Franchise Agreement, provided, however, that such
sum shall not exceed 150% of the cost of the telecommunications system to be installed
by MCImetro in the City rights-of-way. At MCImetro's sole option, MCImetro 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 MCImetro 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 MCImetro work or materials discovered
in the City's roads, streets or property.
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8. "One-Call" Location and Liability. MCImetro 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
MCImetro's system components or for interruptions in service to MCImetro customers
which are a direct result of work performed for any City project for which MCImetro 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 MCImetro system components or for interruptions in service to MCImetro customers
resulting from work performed under a permit issued by the City.
9. As-Built Plans Required. MCImetro 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 MCImetro
pursuant to this Franchise Agreement. The City shall determine the acceptability of any
as-built submittals provided under this section.
10. Recovery of Costs. MCImetro 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, MCImetro shall pay such reasonable costs and expenses directly
to the City.
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 will, if practicable, reserve an easement for
Franchisee to construct, replace, repair, monitor, maintain, use and operate its equipment
and facilities at the location vacated by the City, and if not practicable, the City may, at its
option and by giving 60 days written notice to MCImetro, 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 MCImetro by reason
of such termination other than those provided for in RCW 35-99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by MCImetro 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 MCImetro 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.
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B. Emergency Actions.
1. If any of MCImetro's actions under this Franchise Agreement, or any failure
by MCImetro to act to correct a situation caused by MCImetro, 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 MCImetro 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 MCImetro and give MCImetro an
opportunity to correct within a specified time said threat, financial harm or delay before
undertaking such corrective measures. MCImetro 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 MCImetro and
shall further be liable 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 MCImetro to take appropriate action to correct a
situation caused by MCImetro 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 MCImetro'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, MCImetro 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 MCImetro'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, MCImetro shall, at its sole
expense, promptly remove all system components and facilities, provided that the City,
at its sole option, may allow MCImetro to abandon its facilities in place.
Section 7. Insurance.
A. MCImetro, 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.
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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 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
IVICImetro 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 MCImetro's telecommunications system
in 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 IVICImetro to another
person or entity controlling, controlled by, or under common control with MCImetro.
MCImetro, may license fibers to other users without the consent of the City provided that
MCImetro remains solely responsible for the terms and conditions outlined in this
Franchise Agreement.
B. In any transfer of this Franchise which requires the approval of the City,
MCImetro 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 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. MCImetro, 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.
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B. MCImetro 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 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 MCImetro 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, MCImetro, shall reimburse the City for franchise
amendments and expenses associated with the project. MCImetro shall pay such costs
within 60 days of receipt of a bill from the City.
E. Failure by MCImetro 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.
Section 11. Notices. Any notice to be served upon the City or MCImetro shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
Email: TukwilaCityClerk@TukwilaWA.gov
Phone: 206-433-1855
MCImetro Access Transmission Services Corporation, d/b/a Verizon Access
Transmission Services
ATTN: Franchise Manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038
with copies to (except for invoices):
Verizon Business Services, Inc.
Attn: Vice President and Deputy General Counsel, Network
1320 N. Courthouse Road, Suite 900
Arlington, VA 22201
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Section 12. Indemnification.
A. MCImetro 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. IVICImetro 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 MCImetro, its officers, agents, servants or employees, carried on in the
furtherance of the rights, benefits, and privileges granted to MCImetro by this Franchise.
In the event any claim or demand is presented to or filed with the City that gives rise to
MCImetro's obligation pursuant to this section, the City shall within a reasonable time
notify MCImetro thereof and MCImetro 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
which gives rise to MCImetro's obligation pursuant to this section, the City shall promptly
notify MCImetro thereof, and MCImetro 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, IVICImetro
may, at its election and at its sole cost and expense, settle or compromise such suit or
action. This section shall not be construed to require MCImetro to:
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 MCImetro and the City,
MCImetro'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 which 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, MCImetro expressly waives its immunity under
Title 51 of the Revised Code 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 MCImetro's officers, agents or employees. This waiver is mutually negotiated by the
parties.
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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
MCImetro, to enforce the remaining provisions of the ordinance, MCImetro 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.
Section 15. Police Powers. Nothing contained herein shall be deemed to affect the
City's authority to exercise its police powers. MCImetro 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. MCImetro
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 MCImetro, shall thereafter govern
MCImetro's activities hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect MCImetro's rights pursuant to and
in accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to MCImetro and other
similar user of such facilities.
Section 17. 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 18. 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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of &"LA 12017.
ATTEST /AUTHENTICATED:
aaZ4'
Christy O'FldKerty, MMC, City CI V---" Allan
APPROVED AS TO FORM BY: Filed with the City Clerk-/
Passed by the City Council:
�/" 'el Published:
Effective Date:
Rachel B. Turpin, City Attorney Ordinance Number:
Attachments: Exhibit A — Description of MCImetro Facilities
Exhibit B — Franchise Agreement Acceptance Form
W: Word P rocessi ng\Ord i na nces\MC I metro Franchise Agreement 4-25-17
BG:bjs Page 12 of 12
FWA M I 1 -.111 W-11
Description of MCIrnetro Facilities
MCImetro facilities include, collectively or individually, any and all communications
transmission and distribution systems, including but not limited to, wires, lines, conduits,
ducts, cables, braces, guys, anchors, vaults, switches, fixtures, and any and all other
equipment, appliances, attachments, appurtenances and other items necessary,
convenient, or in any way appertaining to any and all of the foregoing, whether the same
be located across, above, along, below, in, over, through, or underground the public
rights-of-way located within the present and future jurisdictional boundaries of the City of
Tukwila.
MCImetro, facilities shall not include any wireless telecommunications transmission
facilities such as antennas, DAS, Small Cell facilities or other wireless transmission
devices that are mounted on poles or other structures in the right-of-way.
ANOW111".1b 9
IVICImetro Access Transmission Services Corporation,
d/b/a Verizon Access Transmission Services
Franchise Agreement Acceptance Form
Date:
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila WA 98188
Re: Ordinance No. h adopted on Ma.4 'aOi-+
I
Dear City Clerk:
In accordance with and as required by Section 4 of City of Tukwila Ordinance
No. , passed by the City Council and approved by the Mayor on
mr� 1. 1 174 C 0 — (the "Ordinance"), MCImetro Access Transmission
Services Corporation, d/b/a Verizon Access Transmission Services
Communications Company L.P., hereby accepts the terms, conditions and
obligations to be complied with or performed by it under the Ordinance.
Sincerely,
Robert F. Mc'Ge
Director Network Engineering & Operations
cc: Bob Giberson, Public Works Director, City of Tukwila
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2536 -2537.
On May 1, 2017 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 2536: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO
MCIMETRO ACCESS TRANSMISSION SERVICES CORP., A DELAWARE
CORPORATION, d /b /a VERIZON ACCESS TRANSMISSION SERVICES, 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; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2537: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1690, THEREBY
ELIMINATING THE ECONOMIC DEVELOPMENT ADVISORY BOARD; ESTABLISHING
ORGANIZATIONAL STRUCTURE AND PROCEDURES FOR THE LODGING TAX
ADVISORY COMMITTEE, TO BE CODIFIED AT CHAPTER 2.35 OF THE TUKWILA
MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: May 4, 2017