HomeMy WebLinkAboutOrd 2607 - 1-Year Extension of Telecommunications System Franchise Term for Astound BroadbandCity of Tukwila
Washington
Ordinance No. 0
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
CK.bjs Review and analysis by Barbara Saxton
Page 1 of 2
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 CITYQF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 7 day of ) (.4A)s , 2019.
ATTEST/AUTHENTICATED:
Christy O'Fla rtYMC CityCle
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
kberg,
Filed with the C
Passed by t
Published:
Effective Date:
Ordinance Number:
ayor
k: lY L9
ity Council: t)- f 7—I�
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W: Legislative Development\Astound Broadband franchise one-year extension 5-22-19
CK:bjs Review and analysis by Barbara Saxton Page 2 of 2
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2607-2608.
On June 17, 2019 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 2607: 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.
Ordinance 2608: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TABLE 18-6, "LAND USES ALLOWED BY
DISTRICT," AS CODIFIED IN TITLE 18, "ZONING," OF THE TUKWILA MUNICIPAL
CODE, TO CLARIFY THE TYPES OF MULTI -FAMILY DWELLINGS PERMITTED IN
THE TUKWILA SOUTH OVERLAY DISTRICT; 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: June 20, 2019
Attachment B
STATEMENT OF ACCEPTANCE
ASTOUND BROADBAND, LLC D/B/A ASTOUND BROADBAND, for itself, its successors
and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions
of the Franchise attached hereto and incorporated herein by this reference.
B
me:
Title:
//TT'/ 1/U-
STATE OF l J \J )
COUNTY OF+(C ))ss
On this aaday of M cL� , 2024, before me the undersigned, a Notary Public in and
for the State of N j , duly commissioned and sworn, personally appeared,
t of a ct wa,A 134,4 the company that executed the within and
foregding instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she
is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of JJ
Residing at 0( ,
MY COMMISSION EXPIRES:
MARIE A THOMPSON
NSTATE OF NEWRY BJERSEY
MY COMMISSION EXPIRES
AUGUST 25, 2025