HomeMy WebLinkAboutTIS 2025-03-24 COMPLETE AGENDA PACKETCity of Tukwila
Transportation and
Infrastructure Services
Committee
•
•
•
Jovita McConnell, Chair
Mohamed Abdi
Hannah Hedrick
AGENDA
Distribution:
J. McConnell
H. Hedrick
P. Mayer
G. Lerner (email)
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M. McCormick, J. Marshall
MONDAY, MARCH 24, 2025 — 5:30 PM
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Item
Recommended Action
Page
1. PRESENTATIONS
a) Creation of Transportation Benefit District (Marty Wine
and UW Evans School Students)
2. BUSINESS AGENDA
a) Franchise Agreement with Ezee Fiber Texas, LLC
(Eric Compton)
b) S 131st St/Southgate Creek Drainage Improvements
Dept. of Ecology Community Based Public Private
Partnership (CBP3) Grant Award (Catrien de Boer)
c) Resolution to Surplus & Sell qty 2 2017 Ford Police
Interceptors (Shawn Christie)
d) Resolution for Adoption of the Local Road Safety Plan
(Cyndy Knighton)
a) Discussion only
a) Forward to the 04/14/2025
Committee of the Whole and the
04/21/25 Regular Consent Agenda
b) Forward to the 04/07/2025 Regular
Consent Agenda
c) Forward to the 04/07/2025 Regular
Consent Agenda
d) Forward to the 04/14/2025
Committee of the Whole and the
04/21/25 Regular Consent Agenda
Pg. 1
Pg. 31
Pg. 83
Pg. 87
Pg. 93
Next Scheduled Meeting: April 28, 2025
SThe City of Tukwila strives to accommodate individuals with disabilities.
P/ease contact the Public Works Department at 206-433-0179 for assistance.
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Transportation & Infrastructure Services Committee
FROM: Marty Wine, City Administrator
CC: Mayor Thomas McLeod
Aaron BeMiller, Finance Director
DATE: March 17, 2025
SUBJECT: Transportation Benefit District as a revenue option
ISSUE
Briefing about potential for creation of a Transportation Benefit District by a student team from
the UW Evans School. (Clare Collins, Jacquelyn Liu, Lucca Howard, Pieter Quinton)
BACKGROUND
One option that the City could consider for increasing or supplementing future city revenues
would be the creation of a Transportation Benefit District. This source provides for dedicated
transportation revenue (which, if enacted, could allow revenues from the General Fund currently
used for transportation services to be freed up to be used for other General Fund services or
purposes). As a project for the Public Policy - Local Government Management class, four
students have teamed up to analyze the potential of creating a Transportation Benefit District for
Tukwila, and will present their research and findings to the committee.
DISCUSSION
During 2025-26 budget adoption, the City Council requested a review of options to increase city
revenues. The adopted budget included a proviso: "Throughout the rigorous biennial budget
process, it has become clear that the City cannot depend exclusively on cost-cutting measures
to address future budget deficits. To ensure long-term financial stability, it will be imperative to
identify new revenue sources and strengthen existing revenue streams. The City Council has
directed the Finance Department to return midyear to present and discuss potential additional
revenue options." The Administration anticipates providing a report to respond to this proviso
more fully in July, 2025. New or expanded revenue sources that would reduce reliance on the
General Fund for city services could be considered for implementation. This report provides
ideas for next steps, depending on the approach to implementation.
FINANCIAL IMPACT
The report estimates the potential revenue that could be generated if the TBD was created. This
is an additional source that could be used for transportation (including traffic and transit)
programs and projects.
RECOMMENDATION
Discussion only. Council is asked to consider the idea of creating a Transportation Benefit
District as one potential revenue source, and include this concept as part of its broader
consideration of revenue sources later in 2025, when the revenue proviso report is presented.
ATTACHMENTS
Team Report & Memorandum
Powerpoint presentation (available at Committee meeting)
1
Transportation
Benefit District
Analysis
Jacquelyn Liu - Pieter Quinton -
Lucca Howard - Clare Collins -
City Overview
TBD Definitions
Geographic 1:Daly
Funding Methods
Funding Proceeds
ption Analysis
commendation
ontents
Tukwila
• 21,135 residents
• More diverse in terms of race and
languages spoken compared to the rest
of King County.
• Major retail destination: Westfield
Southcenter Mall
Why:
• Connect Revenue and Expenditures
• � Relieve pressure off of the General Fund
• Improve vital roads and public transit
How:
• 10-Day Notice and Legislative Action
• Further action to create taxes or tabs
• Reinstated every 10 years
What:
• "Transportation projects and programs of
regional or statewide significance"
• Within set borders
Where:
• Match Tukwila city lines
• Smaller borders within city
• Combine with neighboring TBD
a TB,
5
Geographic Analysis
Recommendation: Matching Tukwila city lines
Boundaries determine revenue sources
Boundaries also determine location of spending
Smaller than city line does not match intent
Merging borders forgos control
All surrounding cities (except Sea-Tac) have TBDs
6
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5 173rd St
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Links
_5
Tukwila
TBD Spending
Items TBD Would Fund
All projects included on map -
Maintenance for roads a bridges -
Operational budget for traffic lights -
Transportation demand management projects -
Without funding increases, TIP cannot complete -
Map of TIP improvements
7
outh
acon
ill
3oulevard
Park
evard Park
EIO
SeaTac
511 ft
Rainier View
Tukwila has highest Sound
Transit investment per capita
Public transportation projects
with good density, walkability
Safer streets, New development,
Increased property tax revenues,
connected neighborhoods, healthier
Major transit projects in communities 8
Tukwila
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Park Reserve
of Canada
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125 Municipalities
use Transportation
Benefit Districts in
Washington State
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- Used by 54 Municipalities
etGood for municipalities with"
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11
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Used by 82 Municipalities r
, AliUsed by Auburn, Renton,
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.7.7%., high sales volumes, high r ��
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ir.l } it AQUA! oh,
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IrIiilacar Tabs
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=sill
At $20: 400k/ year,m�_
aiIMAMilM
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rsialimui
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- _miiAt $40: 800k/ year,im
t$4 M over 5 years
At 0.1%: $2.3M,
i$11M over 5 years
teropir.•Av
At 0.3%: $7M/'
$45M over 5 years.-_ r
Per car owner tax
Will affect businesses that
process car tabs 00-00.1.4
Will only tax tukwila residents
Sales Tax .
Dependant on sales traffic
from Southcenter mall
- Large portion of revenue will
�a; not come from Tukwila*_
residents AM"
"
Options
Estimated
Annual
Revenue
Current
Understanding
of Legal
Authority
Estimated
Administrative
Complexity
Estimated
Time to
Implement
Estimated
Political
Complexity
.Enact an additional
0.1% sales tax through
council action
$2,344,788
Clear
Low
Less than 1
year
Low
Enact an additional
0.3% sales tax
through ballot
measure
$7,034,640
Clear
Low
1- 2 years
Medium
Enact a $20 vehicle
license fee through
council action
$360,000
Clear
Medium
Less than 1
year
High
Enact a $40 vehicle
license fee through
council action
$720,000
Clear
Medium
Less than 1
year
High
13
Options laid out and
recommendation
1. Enact a 0.1% sales tax increase through council
action. (Recommended)
2. Enact a 0.3% sales tax increase through ballot
measure. (Recommended for Maximizing Revenue)
3. Enact a $20 vehicle license fee increase through
council action.
4. Enact a $40 vehicle license fee increase through
council action.
14
Next Steps
1. Conduct a workshop of ideas, if more information is
needed
2. Decide whether to create a TBD and decide on a
preferred revenue stream, either:
a. All in one decision OR
b. Vote to create a TBD now and identify a revenue
stream later
3. Determine whether the city goal is to maximize funding
through public votes to support the TIP goals or to do
as much as possible through a councilmanic option.
4. Either bring one of the councilmanic options to the
Council for review or submit a resolution to the county
auditor calling for a special election
15
1
City of Tukwila
MEMORANDUM
TO: Administrator Marty Wine
FROM: Clare Collins, Jacquelyn Liu, Lucca Howard, Pieter Quinton
DATE: March 6, 2025
SUBJECT: Transportation Benefit District (TBD)
EXECUTIVE SUMMARY
The City of Tukwila is looking for a targeted, sustainable revenue stream that can be used to
fund transportation specific projects within the City. TBDs are used throughout the State of
Washington as a funding source for transportation improvements. Currently 125 cities across
Washington use TBDs including almost all the cities directly bordering Tukwila. TBDs can
generate revenue from sales taxes and vehicle license fees. TBD revenue over a certain rate
requires ballot measure approval, otherwise they can be formed by a council vote. The table
below highlights four possible options for forming a TBD as well as their respective tradeoffs.
Options
Estimated
Annual
Revenue
Current
Understanding
of Legal
Authority
Estimated
Administrative
Complexity
Estimated
Time to
Implement
Estimated
Political
Complexity
1. Enact an
additional 0.1%
sales tax through
council action
$2,344,788
Clear
Low
Less than 1
year
Low
2. Enact an
additional 0.3%
sales tax through
ballot measure
$7,034,640
Clear
Low
1- 2 years
Medium
3. Enact a $20
vehicle license fee
through council
action
$360,000
Clear
Medium
Less than 1
year
High
16
2
4. Enact a $40
vehicle license fee
through council
action
$720,000
Clear
Medium
Less than 1
year
High
This report recommends the Council implement a 0.1% councilmanic sales tax. Given Tukwila's
commercial hub at Southcenter Mall, a sales tax increase is a better option for Tukwila's
community than vehicle tabs because a large portion of the revenue generated will not be paid
by Tukwila residents. Additionally, the neighboring cities of Renton, Auburn, and Seattle all have
at least a 0.1% sales tax for their TBDs so Tukwila's businesses wouldn't be at a competitive
disadvantage if it enacts a 0.1% sales tax funded TBD. The TBD funding will generate important
revenue to support funding Tukwila's highest priority transit investments that currently do not
have funding, and bring in private investment around large WSDOT, Sound Transit, and King
County projects. Should the Council favor larger revenue streams than provided by the 0.1%
sales tax, this report recommends considering a 0.3% sales tax via ballot measure. Some of the
increases in cost from the sales tax would be offset by the scale of private investment that
would come from investing in infrastructure around station areas.
BACKGROUND
Tukwila is a city of about 21,135 residents, according to US Census Bureau estimates.' It is
located in the western part of King County, south of Seattle, between SeaTac and Burien to the
west and Renton to the east.2 The City lies along the Duwamish and Green River and Interstate
5.3 Tukwila has a population density of 2,373 residents per square mile, which is comparable to
the neighboring city of SeaTac. However, it is much less dense compared to other nearby cities
1 "US Census Bureau Quick Facts: Tukwila city, Washington," United States Census Bureau, July 1, 2023,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashi ngton/PST045223#PST045223.
2 "City Maps," City of Tukwila, accessed February 23, 2025,
https://www.tukwilawa.gov/departments/community-development/city-maps/.
3 "City Maps"
17
3
like Seattle, Burien, and Renton.486' Part of the reason Tukwila is less dense compared to its
neighbors is the Westfield Southcenter Mall, which employs over 43,000 people, a significant
job base for a city the size of Tukwila.8 Tukwila is more diverse in terms of race and languages
spoken compared to the rest of King County.9 Due to the Westfield Southcenter Mall, as well as
Tukwila's proximity to Seattle -Tacoma International Airport, Tukwila is a major regional retail
destination. The City has well-connected transportation options, with multiple bus routes, light
rail stations, and access to major highways like Interstate 5 and 405.
CURRENT STATUS
Tukwila has proposed total budget expenditures for 2025 of $163,747,027.1° That is offset by
projected revenue (resources) of $157,560,372. As such, the City is projecting a modest budget
deficit which can be offset by fund reserves. Presently, transportation related expenditures fall
under the general fund obligations. The Public Works Department has a proposed budget of
$9,738,964 for 2025. Within the proposed Public Works budget, $4,761,271 has been
earmarked for "Street Maintenance".11 The City has targeted several transportation related
indicators of success, including:12
- Continue improvements for the Traffic Calming/Residential Safety Program
- Complete 100% design of the 42nd Ave S Bridge Replacement Project
- Begin construction of Boeing Access Road Bridge Replacement Project
4 "US Census Bureau Quick Facts: Seattle city, Washington," United States Census Bureau, July 1, 2024,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashi ngton/PST045223#PST045223.
5 "US Census Bureau Quick Facts: Burien city, Washington," United States Census Bureau, July 1, 2024,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashi ngton/PST045223#PST045223.
6 "US Census Bureau Quick Facts: Renton city, Washington," United States Census Bureau, July 1, 2024,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashi ngton/PST045223#PST045223.
' "US Census Bureau Quick Facts: SeaTac city, Washington," United States Census Bureau, July 1, 2024,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashi ngton/PST045223#PST045223.
8 "City of Tukwila Community Profile and Peer Benchmarking," City of Tukwila, December 1, 2023,
https://www.tukwilawa.gov/wp-content/uploads/Tukwila-Community-Profile-and-Peer-Benchmarking-Summary-R
evised.pdf.
9 "Tukwila," Puget Sound Regional Council, 2013,
https://www.psrc.org/sites/default/files/2022-03/rgc-profile-tu kwila.pdf
10 "2025-2026 Biennial Budget." City of Tukwila, www.tukwilawa.gov/wp-content/uploads/FIN-Current-Budget.pdf.
11 "2025-26 Preliminary Proposed Biennial Budget - Public Works." City of Tukwila,
www.tukwilawa.gov/wp-content/uploads/Tab-10-PW.pdf. Accessed 26 Feb. 2025.
12 "2025-26 Preliminary Proposed Biennial Budget - Public Works" City of Tukwila
18
4
- Begin construction of S 152nd Pedestrian Improvements
The Traffic Calming/Residential Safety Program, or Neighborhood Traffic Calming Program
(NTCP) as it's commonly referred to as, is a way for the City to improve the livability of its
neighborhoods by regulating car speeds and traffic on the roads.13 The NTCP was created by
Council in 2018, and resulted in improvements at several key intersections in the Allentown
Neighborhood.14 Looking ahead, the City has created its key Transportation Improvement Plan
(TIP) which outlines priority projects and their respective cost schedules. The TIP has a
projected cost of $65,632,000 spread over five years, 2024-2029.15 Those costs are largely front
loaded, with over $50 million coming in the first three years of the plan. City staff anticipate
needing to secure an additional $17,955,000 in City funding to cover the projected costs over
the duration of the plan.16 The full TIP can be found in Appendix 1 of this report. Given the
current budget constraints, the City will need to secure additional or financing to complete all
the items on its TIP on schedule.
Despite budget constraints, Tukwila is in a particularly advantageous position to invest in
transportation improvements. There are three major capital projects planned in Tukwila. The
Boeing Access road infill station for the light rail, the Stride station, and pedestrian bridge near
the existing light rail station.17 RapidRide also named route 150 bus as the highest priority BRT
project going into the future.18 Tukwila is uniquely positioned to capitalize on these major public
works through transportation improvement projects. For every $1 spent on these
transportation projects, cities can receive around $5 in private investment.19 Due to the high
density of these major capital projects in Tukwila, this figure could be higher. Investing in
13 "Neighborhood Traffic Calming Program." City of Tukwila, 13 Nov. 2023,
www.tukwilawa.gov/departments/public-works/construction-projects-and-transportation-impacts/neighborhood-t
raffic-calming-program/
14 "Neighborhood Traffic Calming Program" City of Tukwila
15 "Transportation Improvement Plan." City of Tukwila.
16 "Transportation Improvement Plan." City of Tukwila.
17 Sound Transit, Sound Transit future services, January 2025
https://www.soundtransit.org/sites/default/files/documents/st-future-service-map.pdf
18 Lin, Wesley. "Rapidride Future and Prioritization." Seattle Transit Blog, 23 July 2024,
seattletransitblog.com/2024/07/23/rapidride-future-and-prioritization/
19"Transit Benefits." Public Transportation www.publictransportation.org/transit-benefits/grows-communities
19
5
transportation improvements around new stations will yield private investment, especially while
there is still excitement surrounding them, which provides a plethora of benefits to Tukwila.
As discussed, money for the transportation improvement projects is currently coming out of the
general fund. While this is not necessarily a problem, and to fund the Transportation
Improvement Plan fully money will need to continue to come out of the general fund, it is not
ideal. General fund expenses can vary, and if there is a crisis, this may lead to transportation
improvements being cut. Tukwila is also facing a budget shortfall. One solution is to create a
funding source for transportation separate from the general fund. Having a stand alone funding
source for transportation would allow for a greater amount of flexibility when apportioning
general budget funds to transportation, which could mean more funding for key services when
budgets are tight. There is precedent for this move, since utilities and garbage services in
Tukwila also have dedicated revenue streams, taking funding for those services out of the
general fund.20
TRANSPORT BENEFIT DISTRICT OVERVIEW
In its simplest definition, a Transportation Benefit District (TBD) is a governmental organization
that can be created with the purpose of collecting funds which can only be used for the purpose
of transportation improvements —it is a nexus to connect revenue and expenditure streams.
The scope of these improvements are limited within the district's lines, but may be applied to
"transportation projects and programs of regional or statewide significance" including but not
limited to highways and arterial roads, public transportation, and high capacity transportation.
The creation of the Transportation Benefit District involves legislative action with a proper,
10-day notice to the public. Further modifications or the discontinuation of the TBD involve a
similar process. The creation of the TBD requires specifying the geographic boundaries of the
TBD covers and the activities to be funded. This action does not itself include the creation of
20 "Revenue & Tax Information." City of Tukwila, 3 Mar. 2025,
www.tukwilawa.govideoartments/finance/revenue-taxes/.
20
6
taxes or fees. TBDs are created without an innate duration; although sales taxes, one of the
primary forms of funding a TBD uses, can only be set for a duration of 10 years or less. 21
While many TBDs share the same boundaries as the county or city that forms them, they can be
created with smaller or larger borders. If the borders of the TBD are that of the establishing
local government, then the acting legislature serves as the independent legislature of the TBD.
In order to create a TBD across city or county lines, an interlocal agreement must be made and
the governing board must be made up of either 5 members of which at least 1 is from each
jurisdiction or the governing body of a metropolitan planning organization with the same
boundaries. In either case, a TBD is not permitted to serve a population greater than 1.5 million
individuals. 22
GEOGRAPHIC SCOPE
The geographical boundaries of the TBD must be outlined when it is established. Most TBDs are
formed with the same borders as the county or city that establishes it.23 While there are
alternatives available, many pose individual challenges. The border determines the zone from
where funding can be sourced and spent. The boundaries can be made smaller than city limits
when establishing the TBD. However, in order to create a TBD that extends beyond city lines, an
interlocal government agreement must be reached. The governing body of a TBD that
encompasses multiple cities must include a council that includes elected legislative officials
from all municipalities included in the TBD.
There is no significant advantage in Tukwila creating a TBD larger than its municipal borders. All
cities bordering Tukwila have their own existing TBDs. If Tukwila were to want to join forces,
neighboring cities would have to modify their TBD borders to include Tukwila. Furthermore, a
shared TBD would concede some control from each party and would place a greater emphasis
on shared projects.
21 Washington State Legislature, Revised Code of Washington, Title 36 Counties, Chapter 73 Transportation Benefit
Districts, last updated December 2024,
https://a pp.leg.wa.gov/rcw/defa u lt.aspx?cite=36.73&full=true#36.73.030
22 Revised Code of Washington Chapter 36.73
23 "Transportation Benefit Districts (TBDs)"
21
7
FORMATION OPTIONS
A city may establish a Transportation Benefit District (TBD) after holding a public hearing, if it
decides that it will serve the public interest.24 There are two main ways of forming a TBD:
❖ Council vote - A council vote is generally a quicker method of forming a TBD. However, a
council vote can only raise sales tax by 0.1%.25 If the council wishes to raise the sales tax
by more than 0.1%, it must use a ballot measure to do so.26 Another TBD funding source,
vehicle license fees, can be imposed up to $50 by a council vote.27
❖ Ballot measure - In recent years, voters have approved nearly all proposed TBD sales and
use taxes.28 A ballot measure can authorize a vehicle license fee of up to $100 or a sales
tax of up to 0.3%.29
CASE STUDIES
Across Washington since the enactment of the law permitting TBDs, 125 municipalities have
enacted some form of TBD.30 Most major cities in the state have a TBD, the largest without one
is Bellevue. A majority of municipalities that have enacted a TBD use sales taxes. 82 have a sales
tax, and out of those that have a sales tax, a majority have a rate of 0.1%. Seven cities have the
highest sales tax rate of 0.3%. Out of the 125 state TBDs, 54 use car tabs. Of those, the vast
majority use a rate of $20, with some using the highest councilmanic rate of $40. The highest
vehicle tab rate used was $60 between 2014 and 2020 in Seattle, however that rate was
allowed to expire. No other city has tried to implement a car tab rate over $40.31 The table
below summarizes the distribution of how cities in Washington have funded their TBDs.
24 "Transportation Benefit Districts (TBDs)," Municipal Research and Services Center of Washington, Accessed
February 23, 2025, https://mrsc.org/explore-topics/finance/revenues/transportation-benefit-districts
25 "Transportation Benefit Districts (TBDs)"
26 "Transportation Benefit Districts (TBDs)"
27 "Transportation Benefit Districts (TBDs)"
28 "Transportation Benefit Districts (TBDs)"
29 "Transportation Benefit Districts (TBDs)"
30 "Transportation Benefit Districts (TBDs)"
31 "Transportation Benefit Districts (TBDs)"
22
8
Only Sales Tax
Only Vehicle License
Fees
Both Sales Tax and
Vehicle License Fees
Number of Cities
66
38
16
Tukwila borders the cities of Renton, Kent, Burien, Seatac, and Seattle. Auburn is also relevant
here due to similarities in government and location in the Duwamish River Valley. Of those
cities, Kent and Seatac do not have TBDs. Of the cities that do, Renton and Auburn have a 0.1%
sales tax, the maximum councilmanic sales tax. Burien also has a TBD, but it is funded with a
$20 car tab. Of the cities close to Tukwila, Seattle has the largest TBD with a $40 car tab and a
0.15% sales tax. Auburn has had a sales tax funded TBD since 2023, and is using the money to
fund a plethora of improvements to its downtown core. In general, the majority of cities
proximate to Tukwila have a TBD, some have adopted it recently, others have had it for a
number of years.
ANALYSIS, OPTIONS, AND RECOMMENDATIONS
This report is considering four possible pathways for Tukwila to create a TBD:
1. Enact a 0.1% sales tax increase through council action.
2. Enact a 0.3% sales tax increase through ballot measure.
3. Enact a $20 vehicle license fee increase through council action.
4. Enact a $40 vehicle license fee increase through council action.
In evaluating the options, this report analyzes the revenue generating capacity, community
support, and equity impact of each proposal.
REVENUE GENERATION
There are two feasible methods for Tukwila to generate TBD revenue: sales tax and vehicle tabs.
The City of Tukwila currently imposes an additional 1% sales tax on its residents. The sales tax is
anticipated to garner $23,447,886 in revenue in 2025.32 If Tukwila were to take a conservative
approach similar to Auburn and Renton and enact a 0.1% councilmanic sales tax, the 2025
32 "Budgets," City of Tukwila, Accessed March 6, 2025, https://www.tukwilawa.gov/departments/finance/budgets/
23
9
numbers project additional revenues of $2,344,788. The maximum possible sales tax for a TBD
is 0.3%, which can be accomplished via ballot measure. Extrapolating 2025 numbers again, this
would raise $7,034,364 per year. The other feasible method would be car tabs. Tukwila does not
have a vehicle tab, so Kenmore will be used as a stand in. Kenmore has only about two
thousand more residents than Tukwila, and the car ownership rate is also similar33, so it is
reasonable to assume a similar projection for vehicle fees between the two cities. Kenmore's
2025-26 budget projects revenue of $1,434,336 at a car tab rate of $40.34 So if the city of
Tukwila were to adopt a $40 fee, the maximum councilmanic fee, it should expect roughly
similar income over a two year period, or half that number per year. Another option would be
to adopt a $20 fee like Burien. The revenue from the $20 fee in 2025 is expected to be
$764,000.35 Burien has roughly twice the population of Tukwila, so Tukwila could expect half
that number per year from a $20 vehicle tab. The projected revenues of each of the five
proposals are summarized in the table below. As the data illustrates, increasing the sales tax,
even 0.1%, will generate considerably more revenue than all of the vehicle license fee increases.
Option
Projected Annual Revenue
1.
Enact a 0.1% sales tax increase
through council action
$2,344,788
2.
Enact a 0.3% sales tax increase
through ballot measure.
$7,034,364
3.
Enact a $20 vehicle license fee
increase through council action.
$360,000
4.
Enact a $40 vehicle license fee
increase through council action.
$720,000
COMMUNITY SUPPORT
'Kenmore, WA." Data USA, datausa.io/profile/geo/kenmore-wa
34 "Budget Documents." City of Kenmore,
www.kenmorewa.gov/government/departments/finance-administration/financial-accounting/budget-documents.
35 "Budget." City of Burien, www.burienwa.gov/city_hall/finance/budget.
24
10
The feasibility of each option depends on the way the TBD is formed, councilmanic or by ballot
measure, and the size of either the sales tax or vehicle tab increase. Looking at neighboring
cities, both Renton and Auburn enacted TBDs with 0.1% sales tax increases by council vote.
Renton and Auburn are important guides for understanding the feasibility of such an action in
Tukwila because they, like Tukwila, have Mayor -Council forms of government. Renton City
Council faced little public pushback when it enacted its TBD last year. In Auburn, the city council
initially adopted a $20 vehicle license fee increase but quickly suspended and then rescinded
that resolution before any fees were collected.36 Instead, Auburn opted to enact a 0.1% sales tax
increase.37 Vehicle tabs have generated pushback statewide. In 2021, the State Senate explored
the possibility of payment plans for vehicle license fees as a result of community frustration
over growing fees.38 As a result of anticipated community pushback, this report recommends
against utilizing vehicle license fees for funding a TBD.
In order for Tukwila to approve a greater than 0.1% sales tax increase, the TBD will need to be
created through a ballot measure. Tukwila residents have demonstrated a political willingness
to approve measures with the potential for cost increases. In the last decade, Tukwila residents
approved both the Public Safety Bond measure and the Regional Fire Authority. That being said,
ballot measures would require public campaigns and outreach that could incur costs and delay
the implementation of the TBD. Additionally, many jurisdictions avoid combining tax measures
on the ballot as voters may be less likely to approve them al1.39 Therefore, Tukwila would need
to be strategic in the timing of when the ballot measure was introduced, potentially delaying a
crucial funding stream even further. Looking at all these factors, councilmanic is the most
politically feasible way to form a TBD.
EQUITY IMPACT
36 "Transportation Benefit District." City of Auburn,
www.auburnwa.gov/city hall/public works/transportation/transportation benefit district
37 "Transportation Benefit District." City of Auburn
38 Scott, Hanna. "No Car Tab Relief in Washington but Workgroup Will Tackle Challenges." MyNorthwest.Com, 1 Apr.
2021, mynorthwest.com/local/car-tab-relief-washingtton-workgroup-tackle-challenges/2741168
39 "Local Government Ballot Measures," Municipal Research and Services Center of Washington,
https://mrsc.org/explore-topics/elections/propositions/ballot-measures
25
11
Progressive revenue is any funding source that graduates by income. A progressive tax is based
on the taxpayer's ability to pay, meaning a lower tax rate on low-income earners than on those
with a higher income40. Neither vehicle tabs nor sales taxes are progressive revenue. There are
equity considerations around enacting either of these taxes, since they equally target rich and
poor. However, considering the population of Tukwila, and comparing the volume of money
appropriated to the tax burden on residents, the more equitable option is a sales tax. Most
people that will be subject to a sales tax will be from outside of city limits. This is because a large
amount of the sales taxes collected come from Southcenter mall. A majority of Southcenter mall
customers come from outside of Tukwila. This means that residents of Tukwila will not be
paying the bulk of appropriated revenue.
NEXT STEPS
Included below are a few potential next steps for the City to take:
❖ If more information is needed by the council to make a decision, it may be advisable to
do a workshop of these ideas and to clarify what additional information is needed to
make a decision.
❖ If the council is in support of forming a TBD, it may be helpful to vote to create one now
and identify a revenue stream later. However, if the council is able to create a TBD and
decide on a preferred revenue stream, that would be the most logical approach, as they
only have to be involved in the decision once.
❖ To identify a revenue stream, determine:
➢ Whether to maximize funding through public votes to support the $17,955,000
the City expects to need for the TIP over the next five years, avoiding the use of
general funds, or to do as much as possible through a councilmanic option.
➢ Whether the council has a preference when it comes to car tabs versus sales tax.
❖ Once the council has identified their preferred TBD revenue sources, they can form a
TBD by:
40 Iranon, Kasey. "Why You Should Care about Progressive Revenue" YWCA Seattle I King I Snohomish, 26 Jan.
2022 www.ywcaworks.org/blogs/firesteel/wed-01262022-1228/why-you-should-care-about-progressive-revenue.
26
12
➢ Options 1, 3 and 4: Bringing one of these options to the Council for review and
action since the final decision is councilmanic. These instructions pertain to the
following three actions, including the recommended 0.1% sales tax:
■ Option 1 (recommended): Enact a 0.1% sales tax increase through
council action.
■ Option 3: Enact a $20 vehicle license fee increase through council action.
■ Option 4: Enact a $40 vehicle license fee increase through council action.
➢ Option 2: This is a voter approved option. For the ballot measure option listed
below, the city council must submit a resolution to the county auditor calling for
a special election and choose one of four special election dates to hold the ballot
measure.41 They must also submit the information included in the MRSC website
(cited) to the county auditor's office before the filing deadline.42 These
instructions pertain to the following action:
■ Option 2: Enact a 0.3% sales tax increase through ballot measure. This
option is recommended if the city would like to maximize revenue
streams to support the projected TIP costs.
'"Local Government Ballot Measures," Municipal Research and Services Center of Washington
42 "Local Government Ballot Measures," Municipal Research and Services Center of Washington
27
13
Appendix 1
DRAFT 2024 - 2029 TIP SUMMARY
2023-2028
DP 95eat
PROJECT TITLE
Project Costs in Thousands of Cellarw
Funding
Fedsrat
SOuneee
Unsecured
2024
2025
2025
2027
2025
2029
TOTAL
5tatteli'1I CitylLacal
Grant
City'
9
42rd Avenue S Bridge Replacement
900
15,637
13,303
0
0
0
30,03T
12,930
17,000
137
5
4519AveftueBale Rwlee la Schoat
510
2.070
0
0
0
2580
200
520
2P60
410
10
Alentoem Tnxis Renate Pn cied
600
0
0
0
0
0
OM
KO
14
ADA Improvernenis
30
SO
50
50
SO
50
300
300
250
20
APEf1,1+rt#er WI Matelot
0
144
1570
0
0
0
1,714
1,714
1,714
22
APEIYdud y Olive Intersection
0
85
657
0
0
0
742
742
742
13
Amaral0dge Irtspeolrorts aril
20S
21S
220
230
235
240
1,345
1,345
1,140
12
►anal Ovenayawl IR a+ Picgiw)
1,400
1,400
1,402
1,500
1400
1050
8,850
0.050
7,450
16
Amaral Traffic Steal Prcgan
130
130
130
150
160
160
840
840
710
25
E Margaret W ay 5 {BAR - S 1125 S1)
0
50
0
0
0
3,300
3,350
1.300
2.050
1300
2,050
-
Reefing Gout' Keg Cow*? 14p4-19 w1h TDM
210
105
0
0
0
0
315
315
6
Macadam Road 3 Conwle10 Streets Pod
SEC
3,100
0
0
0
0
3,600
3.250
350
3250
31X1
18
S 119n 51 Pedeaivan Bulge Parting
0
200
0
0
0
0
200
200
23
9133rd $YU 599 $outteu 7 Werse:A n
0
0
0
0
350
2070
2,420
2,420
2,420
21
S 1445, 5t Bridge Srdewales
0
0
579
2,690
0
0
3,209
2400
78
2,600
789
4
S 152td Street Safe Ratites to 5rnad
4,015
0
0
0
0
0
4,015
3,200
815
3200
-
Salmi KA,Cooty Rego -do 7UM
281
4
0
0
0
0
261
223
30
6
19
Soulhceale( Bled1691hAvenue 5 &mai
1,100
0
0
0
0
0
1,100
500
600
600
-
Tmrtepormson Demand Management Impleme
47
47
0
0
0
0
94
94
TOTAL.
9,928
23,233
18,105
4,520
2,285
7,460
65,632
15,623
27,749
22,260
12610
17,955
PROJECTS REVISED FROM 2023 -2028 71 P
New
AFEIYdumuy Drive Intersection
E Margfrtat W fry $ {BAR - $1120 $1 O
3133rd SY5R 5995ouS4x .id Ydereedicn
deletec4Ccntp feted
Green RAT( Tim {lobe ccr pteied 2023)
$ 140111$1 lattreStd.4.1 t110rwernea15
. U49 twed City lwid3 iridudesaA Binds.necessaryoulside of Macwre»1 biennial budpelcycle
niry 4. 2020
28
14
Bibliography
"2025-2026 Biennial Budget." City of Tukwila,
www.tukwilawa.gov/wp-content/uploads/FIN-Current-Budget.pdf.
"2025-26 Preliminary Proposed Biennial Budget - Public Works." City of Tukwila,
www.tukwilawa.gov/wp-content/uploads/Tab-10-PW.pdf
"Budget." City of Burien,
www.burienwa.gov/city hall/finance/budget.
"Budget Documents." City of Kenmore,
www.kenmorewa.gov/government/departments/finance-administration/financial-accounting/b
udget-documents.
"City Maps," City of Tukwila, accessed February 23, 2025,
https://www.tukwilawa.gov/departments/community-development/city-maps/.
"City of Tukwila Community Profile and Peer Benchmarking," City of Tukwila, December 1, 2023,
https://www.tukwilawa.gov/wp-content/uploads/Tukwila-Communitv-Profile-and-Peer-Benchm
arking-Summary-Revised.pdf.
Iranon, Kasey. "Why You Should Care about Progressive Revenue." YWCA Seattle I King I
Snohomish, 26 Jan. 2022,
www.vwcaworks.org/blogs/firesteel/wed-01262022-1228/why-you-should-care-about-progressi
ve-revenue.
"Kenmore, WA." Data USA,
datausa.io/profile/geo/kenmore-wa
Lin, Wesley. "Rapidride Future and Prioritization." Seattle Transit Blog, 23 July 2024,
seattletransitblog.com/2024/07/23/rapidride-future-and-prioritization/
"Local Government Ballot Measures," Municipal Research and Services Center of Washington,
Accessed January 14, 2025,
https://mrsc.org/explore-topics/elections/propositions/ballot-measures
"Neighborhood Traffic Calming Program." City of Tukwila, 13 Nov. 2023,
www.tukwilawa.gov/departments/public-works/construction-projects-and-transportation-impa
cts/neighborhood-traffic-calming-program/
Packer, Ryan. "$80 Million Grant Advances South King County's RapidRide I toward Construction
- the Urbanist." The Urbanist, 16 Jan. 2025,
www.theurbanist.org/2025/01/16/80-million-grant-advances-south-king-countys-rapidride-i-to
ward -construction/
29
15
"Revenue & Tax Information." City of Tukwila, 3 Mar. 2025,
www.tukwilawa.gov/departments/finance/revenue-taxes/.
Scott, Hanna. "No Car Tab Relief in Washington but Workgroup Will Tackle Challenges."
MyNorthwest.Com, 1 Apr. 2021,
mynorthwest.com/local/car-tab-relief-washington-workgroup-tackle-challenges/2741168
Smith, Joan, Tonya Todd, and Brent Gibson, "Crime in Washington 2023," Washington
Association of Sheriffs and Police Chiefs, October 31, 2023,
https://waspc.memberclicks.net/assets/Crime%20in%20Washington%202023-compressed.pdf
"Transit Benefits." Public Transportation,
www.publictransportation.org/transit-benefits/grows-communities
"Transportation Improvement Plan." City of Tukwila.
Sound Transit, Sound Transit future services, January 2025
https://www.soundtransit.org/sites/default/files/documents/st-future-service-map.pdf
"Transportation Benefit District." City of Auburn,
www.auburnwa.gov/city hall/public works/transportation/transportation benefit district
"Transportation Benefit Districts (TBDs)," Municipal Research and Services Center of
Washington, Accessed February 23, 2025,
https://mrsc.org/explore-topics/finance/revenues/transportation-benefit-districts
"US Census Bureau Quick Facts: Burien city, Washington," United States Census Bureau, July 1,
2024,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashington/PST045223#PST045223
"US Census Bureau Quick Facts: Renton city, Washington," United States Census Bureau, July 1,
2024,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashington/PST045223#PST045223
US Census Bureau Quick Facts: SeaTac city, Washington," United States Census Bureau, July 1,
2024,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashington/PST045223#PST045223.
"US Census Bureau Quick Facts: Seattle city, Washington," United States Census Bureau, July 1,
2024,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashington/PST045223#PST045223.
"US Census Bureau Quick Facts: Tukwila city, Washington," United States Census Bureau, July 1,
2023,
https://www.census.gov/quickfacts/fact/table/tukwilacitywashington/PST045223#PST045223.
30
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council, Committee of the Whole
FROM: Joel Bush, Chief Information Officer
BY: Eric Compton, Franchise Analyst
CC: Thomas McLeod
DATE: 03/17/2025
SUBJECT: Franchise Agreement with Ezee Fiber Texas, LLC
ISSUE
Approve an ordinance granting Ezee Fiber Texas, LLC (Ezee Fiber) a new Franchise
Agreement with a term of five (5) years.
BACKGROUND
State law provides cities the authority to establish franchises to telecommunication providers
who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all
telecommunication providers to obtain franchise agreements with the City prior to approval to
construct, maintain and operate within the City limits.
DISCUSSION
Ezee Fiber provides home internet services in multiple western States and is looking to expand
their network into Tukwila residential neighborhoods.
FINANCIAL IMPACT
Under the terms of the Franchise, Ezee Fiber is required to pay the City a $5000 administrative
fee.
RECOMMENDATION
Council is being asked to approve the Ordinance granting Ezee Fiber a Franchise Agreement
and consider this item at the April 14, 2025 Committee of the Whole and April 21, 2025 Regular
Meeting.
ATTACHMENTS
Tukwila Draft Telecom Franchise Ezee Fiber
31
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TU
GRANTING TO EZEE FIBER TEXAS, L
SUCCESSORS AND ASSIGNS,
AUTHORITY AND NONEXCLUSIVE
TO CONSTRUCT, MAINTAIN, OP
TELECOMMUNICATIONS NETWO
UNDER, THROUGH AND B LOW C
RIGHTS -OF -WAY OF THE
ESTABLISHING AN EFFEC
WHEREAS, Ezee Fiber
Washington as Ezee Fiber,
to construct, operate, and m
along, and over certain
WASHINGTON,
ITS AFFILIATES,
T, PRIVILEGE,
NCHIS ' R FIVE YEARS,
PLAC AND REPAIR A
CROSS, OVER, ALONG,
AIN DESIGNATED PUBLIC
LA, WASHINGTON; AND
ranchisee") doing business in the State of
-exclusive telecommunications franchise
nications facilities upon, in, under, across,
nd Right -of -Ways; and
WHEREAS, ne Partie esi e to execute a new nonexclusive franchise (this
"Franchise") for purpL 9s of o rating and maintaining a telecommunications network;
and
WHEREAS, the City Council has the authority to grant franchises for the use of its
streets and other public properties pursuant to RCW 35A.47.040; and
WHEREAS, the City is willing to grant the rights requested by Franchisee for a
telecommunications franchise subject to certain terms and conditions, which are
acceptable to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Franchise Granted. The City of Tukwila, hereby grants a telecommunications
franchise, attached and incorporated as Exhibit A, to Ezee Fiber. The term of this
Ezee Fiber Franchise Agreement
Version: 03/17/2025
Staff: E. Compton
Page 1 of 3
32
franchise shall be for five (5) years, commencing on the date the last party executes the
franchise.
Section 2. Terms & Conditions. The terms and conditions governing the franchise
specified in Section 1. shall be those set forth on Attachment A to this Ordinance and
incorporated herein by this reference as if set forth in full.
Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to this
Ordinance shall not become effective until its terms and conditions are accepted by Ezee
Fiber Texas, LLC. Such acceptance shall contain any required letter of credit, evidence
of insurance, all applicable fees pursuant to Section 14. of the Franchise, and shall be
filed with the City Clerk within sixty (60) days after the effective date of this Ordinance.
Such instrument shall conform substantially to Attachment B, and evidence the
unconditional acceptance of the terms hereof and a promis- • comply with and abide by
the provisions, terms and conditions hereof.
Section 4. Corrections by City Clerk Authorized son oval of the City attorney,
the City Clerk are authorized to make necessary rections t• ''s ordinance, including
the correction of clerical errors; references to er I I, state br federal laws, codes,
rules, or regulations; or ordinance numbering a n/subsection numbering.
Section 5. Severability. If any sectio
phrase of this ordinance or its application
invalid or unconstitutional by a •urt
unconstitutionality shall not aff
of this Ordinance or is appli
Section 6. Effective
official newspaper o
passage and publ
power specifically de
shall take effect five (
thereof consisting of the ti
aragraph, sentence, clause or
or situation should be held to be
pe -nt jurisdiction, such invalidity or
r constitutionality of the remaining portions
erson or situation.
inance or a summary thereof shall be published in the
all take effect and be in full force five days after
by law. This Ordinance, being an exercise of a
City legislative body, is not subject to referendum, and
er passage and publication of an approved summary
Passed by the City Council of the City of Tukwila, Washington,
thereof this day of , 2025.
Ezee Fiber Franchise Agreement
Version: 03/17/2025
Staff: E. Compton
at a regular meeting
Page 2 of 3
33
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Office of the City Attorney
Effective Date:
Ordinance Number:
Exhibit A: Telecommunication Franchise with Ezee Fib
Ezee Fiber Franchise Agreement
Version: 03/17/2025
Staff: E. Compton
Page 3 of 3
34
ATTACHMENT A
[See attached.]
c
Ezee Fiber Franchise Agreement
Version: 03/17/2025
Staff: E. Compton
35
TELECOMMUNICATIONS FRANCHISE
Between
CITY OF TUKWILA, WASHINGTON
and
EZEE FIBER TEXAS, LLC
This Telecommunications Franchise is entered into by and between the City of Tukwila,
Washington a municipal corporation, hereinafter ("the City") and Ezee Fiber Texas, LLC
who is hereinafter known as ("Ezee Fiber" or "Franchisee"). The City and Franchisee are
sometimes referred to hereinafter collectively as the "parties."
Section 1. Franchise Granted.
Section 1.1. Pursuant to RCW 35A.47.040, the ' ereby grants to Ezee Fiber
a non-exclusive franchise (the "Franchise") under erms - conditions contained in
this franchise ordinance (the "Franchise Ordin
Section 1.2. This Franchise grants Franc e the right, privilege, and authority
to construct, operate, maintain, replac 're, lease and use all necessary
Facilities for a telecommunications networ . n. - , on, across, over, through, along or
below the public Rights-of-Wa oc- din - City of Tukwila, as approved pursuant to
City permits issued pursua • t► - e and in accordance with all applicable
federal, state, and loc
(a) "Faci -s" as us in this Franchise means one or more elements of
Franchisee's t- om ► ications network, with all necessary cables, wires,
conduits, ducts, vestals, antennas, electronics, and other necessary
appurtenances; provided that placement by Franchisee of new utility poles is
specifically excluded unless otherwise specifically approved by the City.
Equipment enclosures with air conditioning or other noise generating equipment
are also excluded from "Facilities," to the extent such equipment is located in
zoned residential areas of the City. For the purposes of this Franchise the term
Facilities excludes "microcell" facilities, "minor facilities," "small cell facilities," all as
defined by RCW 80.36.375, and "macrocell" facilities, including towers and new
base stations and other similar facilities (except for fiber optic cables) used for the
provision of "personal wireless services" as defined by RCW 80.36.375.
Ezee Fiber Franchise Agreement Page 1 of 40
36
(b) Public "Rights -of -Way" means land acquired or dedicated to the public or
that is hereafter dedicated to the public and maintained under public authority,
including, but not limited to, public streets or roads, highways, avenues, lanes,
alleys, bridges, sidewalks, utility easements and similar public property located
within the franchise area but does not include: State highways; land dedicated for
road, streets, highways not opened and not improved for motor vehicle use by the
public; structures including poles and conduits located within the right-of-way;
federally granted trust lands or forest board trust lands; lands owned or managed
by the State Parks and Recreation Commission; federally granted railroad rights -
of -way acquired under 43 USC § 912 and related pr
not open for vehicular use; or leasehold or City
holds fee title or other title and which is utilfor pa
or proprietary use (for example, buildi , otl�r Ci
parks, poles, conduits, fixtures, real prope
the City not reserved for transpo
Section 2. Authority Limited to
ions of federal law that are
property to which the City
tility or a governmental
ty-o ed physical facilities,
property rights owned or leased by
f t - Public Rights -of -Way
Section 2.1. The au • nted rsuant to this Franchise is a limited
authorization to occupy and - Rig of -Way throughout the City (the "Franchise
Area"). No right t• a qy 'lity, infrastructure, wires, lines, cables, or other
equipment, on an ty prope other than a Right -of -Way, or upon private property
without the owner's co on any public or privately owned utility poles or conduits
is granted herein. Franchi' -e hereby represents that it expects to provide the following
services within the City: high speed data and fiber optic services, internet protocol -based
services, internet access services, conduit and dark fiber leasing, telephone, data
transport and other telecommunications and information services (the "Services").
Nothing contained herein shall be construed to grant or convey any right, title, or interest
in the Rights -of -Way of the City to the Franchisee other than for the purpose of providing
the Services, nor to subordinate the primary use of the Right -of -Way as a public
thoroughfare. Franchisee may not offer Cable Services as defined in 47 U.S.C. § 522(6)
or personal wireless services, without obtaining a new franchise or an amendment to this
Franchise approved by the City Council.
Ezee Fiber Franchise Agreement Page 2 of 40
37
Section 2.2. Notwithstanding the existence of this Franchise, the installation,
construction, maintenance, use, operation, replacement and removal by Franchisee of
any one or more Franchise Facilities will be subject to all applicable provisions of Title 11
TMC, including, but not limited to, the City's Infrastructure, Design, and Construction
Standards, adopted by the City's Public Works Department of Public Works, the terms
and conditions of City right-of-way use permits issued pursuant to Title 11 TMC, the terms
and conditions of City building permits issued pursuant to Title 16 TMC, and all other
applicable laws, rules and regulations.
Section 2.3. Franchisee shall have the right, without prior City approval, to offer
or provide capacity or bandwidth to its customers consiste► ith this Franchise, provided:
(a) Franchisee at all times retains xclu - ownership over its
telecommunications system, Facilities a ervices anains responsible for
constructing, installing, and maintainin ities pursuant to the terms and
conditions of this Franchise;
(b) Franchisee may not grant rig stomer or lessee that are greater
than any rights Franchis= •urs t to this Franchise, provided that leases or
other commercial arr. ; - - - • th use of the Facilities installed pursuant to
this Franchise m. - to 4eyond the term of the Franchise;
(c) Suc
beneficiary un
ee shall not be construed to be a third -party
chise; and
(d) No such cus er or lessee may use the telecommunications system or
Services for any purpose not authorized by this Franchise, unless such rights are
otherwise granted by the City.
Section 3. Non -Exclusive Franchise.
Section 3.1. This Franchise is granted to the Franchisee upon the express
condition and understanding that it shall be a non-exclusive Franchise which shall not in
any manner prevent or hinder the City from granting to other parties, at other times and
under such terms and conditions as the City, in its sole discretion, may deem appropriate,
other franchises or similar use rights in, on, to, across, over, upon, along, under or through
Ezee Fiber Franchise Agreement Page 3 of 40
38
any Public Rights -of -Way. Additionally, this Franchise shall in no way prevent, inhibit or
prohibit the City from using any of the roads, Public Rights -of -Way or other public
properties covered or affected by this Franchise, nor shall this Franchise affect the City's
jurisdiction, authority or power over any of them, in whole or in part. The City expressly
retains its power to make or perform any and all changes, relocations, repairs,
maintenance, establishments, improvements, dedications, or vacations of or to any of the
roads, Public Rights -of -Way or other public properties covered or affected by the
Franchise as the City may, in its sole and absolute discretion, deem fit, including the
dedication, establishment, maintenance and/or improvement of new Public Rights -of -
Way, thoroughfares and other public properties of every tyand description.
Section 4. Term; Early Termination.
Section 4.1. The initial term of the Franc shall be foieriod of five (5) years
(the "Initial Term"), beginning on the Effective e Franchise, and continuing until
the date that is one day prior to the fifth a►' versar he Effective Date (the "Initial Term
Expiration Date"), unless earlier term! .k or modified pursuant to the
provisions of this Franchise.
The Franchise granted by t
anniversary of the Effec
Franchise, for one
Initial Term, the "T
written notice to the oth
nce shall automatically renew on the fifth
the same terms and conditions as set forth in this
) year (the "Renewal Term," and, together with the
either party provides one hundred twenty (120) days
o request an amendment to the Franchise.
Ezee Fiber Franchise Agreement Page 4 of 40
39
Section 5. Location of Facilities.
Section 5.1. Franchisee is maintaining a telecommunications network, consisting
of Facilities within the City. Franchisee may locate its Facilities anywhere within the
Franchise Area consistent with the City's Infrastructure, Design and Construction
standards and the Tukwila Municipal Code and subject to the City's applicable permit
requirements. Franchisee shall not commence any construction or other similar work
within a Public Right -of -Way until (i) a right-of-way use permit authorizing such work has
been issued by the City pursuant to Title 11 TMC for a site -specific location or installation,
including, but not limited to, relocations, and (ii) if required by Title 16 TMC, a building
permit authorizing such work has been issued by the City,
Section 5.2. To the extent that any Rights-ofA gay the Franchise Area are
part of the state highway system ("State Highwa , are consid managed access by
the City and are governed by the provisions C ter 47.24 RCW and applicable
Washington State Department of Transp- ation ( OT) regulations, Franchisee shall
comply fully with said requirements in a• 'tio a rdinances and other applicable
regulations. Franchisee specific
(a) any pavemen
State Highways s
(b) any
restored, repa
exceeds applicabl
toration performed by Franchisee within
r exceed applicable WSDOT requirements;
ghway damaged or injured by Franchisee shall be
replaced by Franchisee to a condition that meets or
OT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized
to enforce in an action brought in the name of the State of Washington any
condition of this Franchise with respect to any portion of a State Highway.
Section 6. Relocation of Facilities
Section 6.1. The Franchisee agrees and covenants that, upon reasonable notice,
it will promptly, at its sole cost and expense, protect, support, temporarily disconnect,
relocate, or remove from any Public Right -of -Way any portion of the Franchisee Facilities
when so required by the City due to any of the following reasons: (i) traffic conditions,
Ezee Fiber Franchise Agreement
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40
(ii) public safety, (iii) dedications of new rights -of -way and the establishment and/or
improvement thereof, (iv) widening and/or improvement of existing rights -of -way,
(v) right-of-way vacations, (vi) freeway construction, (vii) change or establishment of road
grade, or (viii) the construction of any public improvement or structure by any
governmental agency acting in a governmental capacity; PROVIDED that the Franchisee
shall generally have the privilege to temporarily bypass, in the authorized portion of the
same Public Right -of -Way, upon approval by the Public Works Director, any Franchisee
Facilities required to be temporarily disconnected or removed. The provisions of this
Section 6. apply to all Franchisee Facilities wheresoever situated within any Public Right -
of -Way, regardless of whether the Franchisee Facility at e was originally placed in
such location under the authority of an easement or . - property interest prior to the
property becoming a Public Right -of -Way. For the . 'dance • •ubt, such projects shall
include any Right -of -Way improvement project yen if e project entails, in part, related
work funded and/or performed by or for a third pa . ovided that such work is performed
for the public benefit, and not primarily - - ben f a private entity, and shall not
include, without limitation, any other imp - repairs undertaken by or for the
sole benefit of third party priva n 's. • lectively all such projects described in this
Section 6.1 shall be consid- a • ct". Except as otherwise provided by law,
the costs and expense - - •ci- with relocations or disconnections ordered pursuant
to this Section 6.1 be bo by . nchisee. Nothing contained within this Franchise
shall limit Franchisee •ability t• eek reimbursement for relocation costs when permitted
by RCW 35.99.060.
Section 6.2. Upon the request of the City and in order to facilitate the design of
City improvements to Public Rights -of -Way, Franchisee agrees, at its sole cost and
expense, to locate and, if reasonably determined necessary by the City, to excavate and
expose, at its sole cost and expense, portions of the Franchisee Facilities for inspection
so that the location of the facilities may be taken into account in the Public Project design;
PROVIDED, that Franchisee shall not be required to excavate and expose the Franchisee
Facilities for inspection unless Franchisee's record drawings and maps of the Franchisee
Facilities submitted pursuant to Section 13. of this Franchise are reasonably determined
by the Public Works Director to be inadequate for the City's planning purposes. The
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41
decision to require relocation of any Franchisee Facilities in order to accommodate Public
Projects shall be made by the Public Works Director upon review of the location and
construction of the Franchisee Facilities at issue. Where the City incurs additional costs
in performing any maintenance, operation, or improvement of or to public facilities due to
measures taken by the City to avoid damaging or to otherwise accommodate one or more
Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such
additional costs promptly upon receiving the City's invoice for same.
Section 6.3. Any condition or requirement imposed by the City upon any person
or entity (including, without limitation, any condition or requirement imposed pursuant to
any contract or in conjunction with approvals for permits f ning, land use, construction
or development) which reasonably necessitates t r ation of any Franchisee
Facilities shall constitute a required relocation for ' poses of Section 6.
Section 6.4. If the City determines t' . t - 'ublic Project necessitates the
relocation of Franchisee's Facilities, th .t shal .vide Franchisee in writing with a
date by which the relocation shall be co • - - elocation Date") consistent with
RCW 35.99.060(2). In calcul- ' he •cation Date, the City shall consult with
Franchisee and consider the - ent o : cilitie o be relocated, the services requirements,
and the construction segue •r t e -location, within the City's overall project
construction sequen • - n. st . 'ts, to safely complete the relocation, and the City
shall endeavor to p • e Franc .ee at least sixty (60) days' notice prior to the Relocation
Date. Franchisee sha gym. the relocation by the Relocation Date, unless the City
or a reviewing court esta• shes a later date for completion, as described in RCW
35.99.060(2). To provide guidance on this notice process, the City will make reasonable
efforts to involve Franchisee in the predesign and design phases of any Public Project.
After receipt of the written notice containing the Relocation Date, Franchisee shall
relocate such facilities to accommodate the Public Project consistent with the timeline
provided by the City and at no charge or expense to the City. Such timeline may be
extended by a mutual agreement.
Section 6.5. If Franchisee fails to complete this work within the time prescribed
above and to the City's satisfaction, the City may cause such work to be done and bill the
Ezee Fiber Franchise Agreement Page 7 of 40
42
cost of the work to Franchisee, including all costs and expenses incurred by the City due
to Franchisee's delay. In such event, the City shall not be liable for any damage to any
portion of Franchisee's Facilities. Within thirty (30) days of receipt of an itemized list of
those costs, Franchisee shall pay the City. In any event, if Franchisee fails to timely
relocate, remove, replace, modify or disconnect Franchisee's facilities and equipment,
and that delay results in any delay damage accrued by or against the City, Franchisee
will be liable for all documented costs of construction delays attributable to Franchisee's
failure to timely act. Franchisee reserves the right to challenge any determination by the
City of costs for construction delays related to an alleged failure to act in accordance with
this Section 6.5
Section 6.6. Franchisee will indemnify, defen• o • .rmless, and pay the costs
of defending the City, in accordance with the pro ' ns of Se 19. against any and
all claims, suits, actions, damages, or liabiliti or d s on City construction projects
caused by or arising out of the failure of Franchis remove or relocate its Facilities in
a timely manner; provided, that Franchi of esponsible for damages due to
delays caused by circumstances • - and - on of Franchisee or the negligence,
willful misconduct, or unreaso► • - • .y o e City or any unrelated third party.
Section 6.7. In the ev
welfare, or in the ev
in severe financia
Franchisee's Facilities,
specified by the City.
rgency posing a threat to public safety or
cy beyond the control of the City which will result
s to the City, which necessitates the relocation of
ee shall relocate its Facilities within the time period
Section 6.8. The provisions
of this Section 6.
shall in no manner preclude or
restrict Franchisee from making any arrangements it may deem appropriate when
responding to a request for relocation of its Facilities by any person or entity other than
the City, where the facilities to be constructed by said person or entity are not or will not
become City -owned, operated, or maintained facilities, provided that such arrangements
do not unduly delay a City construction project.
Section 6.9. Whenever any person shall have obtained permission from the City
to use any Right -of -Way for the purpose of moving any building, Franchisee, upon thirty
Ezee Fiber Franchise Agreement Page 8 of 40
43
(30) days' written notice from the City, shall raise, remove, or relocate to another part of
the Right -of -Way, at the expense of the person desiring to move the building, any of
Franchisee's Facilities that may obstruct the removal of such building.
Section 6.10. The provisions of this Section 6. shall survive the expiration,
revocation, abandonment or termination of this Franchise during such time as Franchisee
continues to have Facilities in the Rights -of -Way.
Section 7. Undergrounding of Facilities.
Section 7.1. Except as specifically authorized by permit of the City, Franchisee
shall not be permitted to erect poles. All Facilities sh
Franchisee acknowledges and agrees that if the City do
of its Facilities at the time of permit application, th- ity m
require the conversion of Franchisee's aeria
Franchisee's expense; provided that the City r
electrical utilities, with aerial facilities in
installation at the same time. Unless of
underground its Facilities in
development or subdivision
underground.
Section 7.2
utilities (other than el
of the City, Franchisee s
e installed underground.
require the undergrounding
a -t any time in the future,
round installation at
all other wireline utilities, except
a to c. ert such facilities to underground
'tted by the City, Franchisee shall
elopments and subdivisions, and any
ther than electrical utilities, are currently
y may require the undergrounding of the aerial
es and personal wireless services facilities) in any area
nderground its aerial facilities in the manner specified by
the City, concurrently with and in the area of the other affected utilities. The location of
any such relocated and underground utilities shall be approved by the City. Where other
utilities are present and involved in the undergrounding project, Franchisee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to the costs
specifically attributable to the undergrounding of Franchisee's own Facilities. "Common
costs" shall include necessary costs not specifically attributable to the undergrounding of
any particular facility, such as costs for common trenching and utility vaults. "Fair share"
shall be determined for a project on the basis of the number and size of Franchisee's
Ezee Fiber Franchise Agreement Page 9 of 40
44
Facilities being undergrounded in comparison to the total number and size of all other
utility facilities being undergrounded.
Section 7.3. To the extent Franchisee is providing Services to personal wireless
services facilities, Franchisee shall adhere to the design standards for such personal
wireless services facilities, and shall underground its Facilities and/or place its Facilities
within the pole as may be required by such design standards. For the purposes of clarity,
this Section 7.3 does not require undergrounding or interior placement of Facilities within
the pole to the extent that the personal wireless services facilities are located on utility
poles that have pre-existing aerial wireline facilities and provided such construction of
Franchisee's Facilities continue to comply with Section 7. Section 7.2.
Section 7.4. Franchisee shall not remove a nde and cable or conduit that
requires trenching or other opening of the Right -Wa along extension of cable to
be removed, except as provided in this Se . Franchisee may remove any
underground cable and other related f
installed in such a manner that it can be
the Right -of -Way along the exte
the City. Franchisee may re
reasonably necessary to rep
Section 6. When
underground Facili
condition, Franchisee
expense. Franchisee mus
'Ries fr. the Right -of -Way that has been
ut trenching or other opening of
o be removed, or if otherwise permitted by
and cable from the Rights -of -Way where
, or enhance its Facilities, or pursuant to
in the City's sole discretion, that Franchisee's
emoved in order to eliminate or prevent a hazardous
ve the cable or conduit at Franchisee's sole cost and
pply and receive a permit, pursuant to Section 9. , prior to
any such removal of underground cable, conduit and other related facilities from the
Right -of -Way and must provide as -built plans and maps pursuant to Section 13.1.
Section 7.5. Both the City and Franchisee shall be entitled to reasonable access
to open utility trenches, provided that such access does not interfere with the other party's
placement of utilities or increase such party's actual costs. Franchisee shall pay to the
City the actual cost to the City resulting from providing Franchisee access to an open
trench, including without limitation the pro rata share of the costs to access the open
trench and any costs associated with the delay of the completion of a public works project.
Ezee Fiber Franchise Agreement Page 10 of 40
45
The City shall pay to the Franchisee the incremental costs of providing such access to
the open trench.
Section 7.6. The provisions of this Section 7. shall survive the expiration,
revocation, abandonment or termination of this Franchise. Nothing in this Section 7. shall
be construed as requiring the City to pay any costs of undergrounding any of the
Franchisee's Facilities.
Section 8. Emergency Work/Dangerous Conditions.
Section 8.1. In the event of any emergency in which any of Franchisee's Facilities
located in or under any street endangers the property, life, Ith or safety of any person,
or if Franchisee's construction area is otherwise in s ' condition as to immediately
endanger the property, life, health or safety
immediately take the proper emergency me
remedy the dangerous conditions for the prote
individuals without first applying for and
However, this shall not relieve Franchise
necessary for this purpose, a
the next succeeding day dur
retains the right and pri
Way of the City, in r
Section 8.2.
within the Rights -of -Way
'dual, Franchisee shall
repair i Facilities, to cure or
property, life, health or safety of
it as required by this Franchise.
uirement of obtaining any permits
all apply for all such permits not later than
ila City Hall is open for business. The City
or move any Facilities located within the Rights-of-
lic health or safety emergency.
all not be liable for any damage to or loss of Facilities
result of or in connection with any public works, public
improvements, construction, grading, excavation, filling, or work of any kind in the Rights -
of -Way by or on behalf of the City, except to the extent directly and proximately caused
by sole negligence, intentional misconduct or criminal actions of the City, its employees,
contractors, or agents. The City shall further not be liable to Franchisee for any direct,
indirect, or any other such damages suffered by any person or entity of any type as a
direct or indirect result of the City's actions under this Section 8. except to the extent
caused by the sole negligence, intentional misconduct or criminal actions of the City, its
employees, contractors, or agents.
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46
Section 8.3. Whenever the construction, installation or excavation of Facilities
conducted by Franchisee as authorized by this Franchise has caused or materially
contributed to a condition that appears to substantially impair the lateral support of the
adjoining street or public place, or endangers the public, an adjoining public place, street
utilities or City property, the Public Works Director may direct Franchisee, at Franchisee's
own expense, to take reasonable action to protect the public, adjacent public places, City
property or street utilities, and such action may include compliance within a prescribed
time. In the event that Franchisee fails or refuses to promptly take the actions directed
by the City, or fails to fully comply with such directions, or if emergency conditions exist
which require immediate action, before the City can timely ' tact Franchisee to request
Franchisee effect the immediate repair, the City may
such reasonable actions as are necessary to prot: t
street utilities, or to maintain the lateral suppo
as necessary safety precautions, and Franchise. . I
thereof.
Section 9. Work in the Ri • hts-o
he pub
pon the property and take
the adjacent streets, or
r reaso able actions regarded
be liable to the City for the costs
Section 9.1. During peri' of ri cation, construction or maintenance, all
work performed by Franchise. s co actors shall be accomplished in a safe and
workmanlike manner . o m _ 'nterference with the free passage of traffic and the
free use of adjoinin • operty, -ther public or private. Franchisee shall at all times post
and maintain proper b. ca• ., flags, flaggers, lights, flares and other measures as
required for the safety of a embers of the general public and comply with all applicable
safety regulations during such period of construction as required by the ordinances of the
City or the laws of the State of Washington, including RCW 39.04.180 for the construction
of trench safety systems.
Section 9.2. Whenever Franchisee shall commence work in any Rights -of -Way
for the purpose of excavation, installation, construction, repair, maintenance, or relocation
of its cable or equipment, it shall apply to the City for a permit to do so and, in addition,
shall give the City at least ten (10) working days prior notice (except in the case of an
emergency) of its intent to commence work in the Rights -of -Way. The City shall only
Ezee Fiber Franchise Agreement Page 12 of 40
47
issue permits that are in compliance with the TMC and the City's generally applicable
design standards. During the progress of the work, the Franchisee shall not
unnecessarily obstruct the passage or proper use of the Rights -of -Way, and all work by
the Franchisee in the area shall be performed in accordance with applicable City
standards and specifications. In no case shall any work commence within any Rights -of -
Way without a permit, except as otherwise provided in this Franchise.
Section 9.3. If the Franchisee shall at any time plan to make excavations in any
area covered by this Franchise and as described in this Section 9.3, the Franchisee shall
afford the other, upon receipt of a written request to do so, an opportunity to share such
excavation, PROVIDED THAT:
(a) Such joint use shall not unreasonably uelay . - work of the Franchisee
causing the excavation to be made;
(b) Such joint use shall be arranged an. ,omplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may den such ru' .t foi .. afety reasons.
Section 9.4. Except f' eme ency luations, Franchisee shall give at least
seven (7) days' prior notice o - - - • • uction to residents in the affected area prior
to any underground on disturbance. Such notice shall contain the dates,
contact number, n e and to tion of the work to be performed. At least twenty-four
(24) hours prior to ente, q pri e property or streets or public easements adjacent to or
on such private property, ranchisee shall physically post a notice on the property
indicating the nature and location of the work to be performed. Door hangers are
permissible methods of notifications to residents. Franchisee shall make a good faith
effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles
and existing cable paths), consistent with sound engineering practices. Following
performance of the work, Franchisee shall restore the private property as nearly as
possible to its condition prior to construction, except for any change in condition not
caused by Franchisee. Any disturbance of landscaping, fencing, or other improvements
on private property caused by Franchisee's work shall, at the sole expense of Franchisee,
Ezee Fiber Franchise Agreement
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48
be promptly repaired and restored to the reasonable satisfaction of the property
owner/resident. Notwithstanding the above, nothing herein shall give Franchisee the right
to enter onto private property without the permission of such private property owner, or
as otherwise authorized by applicable law.
Section 9.5. Upon receipt of a permit (except in emergency situations),
Franchisee may trim trees upon and overhanging on public ways, streets, alleys,
sidewalks, and other public places of the City so as to prevent the branches of such trees
from coming in contact with Franchisee's Facilities. The right to trim trees in this Section
9.5 shall only apply to the extent necessary to protect above ground Facilities.
Franchisee's tree trimming activities shall protect the app nce, integrity, and health of
the trees to the extent reasonably possible. Franchis `le responsible for all debris
removal from such activities. All trimming sh e at the 'Tense of Franchisee.
Franchisee may contract for such services, h vet .ny firm or individual so retained
must first receive City approval prior to comme g such trimming. Nothing herein
grants Franchisee any authority to act • e of City, to enter upon any private
property, or to trim any tree or nat .I gro , •t o ed by the City except to the extent
it is necessary that Franc s tr: s or vegetation upon, overhanging, or
encroaching on public ways, - . - idewalks, and other public places of the City
so as to prevent suc► - _ -tio om coming in contact with Franchisee's Facilities.
Franchisee shall nsie and liable for any damage to any third parties'
trees or natural gro aus- •y Franchisee's actions. Franchisee shall indemnify,
defend and hold harmless City from third -party claims of any nature arising out of any
act or negligence of Franchisee with regard to tree and/or natural growth trimming,
damage, and/or removal. Franchisee shall reasonably compensate the City or the
property owner for any damage caused by trimming, damage, or removal by Franchisee.
Except in an emergency situation, all tree trimming must be performed under the direction
of an arborist certified by the International Society of Arboriculture, unless otherwise
approved by the Public Works Director or designee.
Section 9.6. Franchisee shall meet with the City and other franchise holders and
users of the Rights -of -Way upon written notice as determined by the City, to schedule
and coordinate construction in the Rights -of -Way. All construction locations, activities,
Ezee Fiber Franchise Agreement Page 14 of 40
49
and schedules shall be coordinated, as ordered by the City to minimize public
inconvenience, disruption or damages.
Section 9.7. Franchisee shall inform the City with at least thirty (30) days' advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights -
of -Way and provide the City with an opportunity to request that Franchisee provide the
City with additional duct or conduit and related structures necessary to access the conduit
pursuant to RCW 35.99.070.
Section 9.8. Prior to doing any work in the Rights -of -Way, the Franchisee shall
follow established procedures, including contacting the ility Notification Center in
Washington and comply with all applicable State statute •arding the One Call Locator
Service pursuant to Chapter 19.122 RCW. Further, • .n re• t from a third party or the
City, Franchisee shall locate its Facilities cons ' t with the irements of Chapter
19.122 RCW. The City shall not be liable for . d. .ges to Franchisee's Facilities or
for interruptions in service to Franck' -e's
Franchisee's failure to locate its Facilities
established by the One Call Lo
permit.
Section 9.9. The
revocation, abando
Section 10. Restor
ers that are a direct result of
cribed time limits and guidelines
regardless of whether the City issued a
of this Section 9. shall survive the expiration,
n of this Franchise.
Section 10.1. Franc . -e shall, after installation, construction, relocation,
maintenance, or repair of its Facilities, or after abandonment approved pursuant to
Section 22. , promptly remove any obstructions from the Rights -of -Way and restore the
surface of the Rights -of -Way to at least the same condition the Rights -of -Way were in
immediately prior to any such installation, construction, relocation, maintenance or repair,
provided Franchisee shall not be responsible for any changes to the Rights -of -Way not
caused by Franchisee. The Public Works Director or designee shall have final approval
of the condition of such Rights -of -Way after restoration. All concrete encased survey
monuments that have been disturbed or displaced by such work shall be restored
pursuant to federal, state (such as Chapter 332-120 WAC), and local standards and
Ezee Fiber Franchise Agreement Page 15 of 40
50
specifications.
Section 10.2. Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area
at its sole cost and expense and according to the time and terms specified in the
construction permit issued by the City. All work by Franchisee pursuant to this Franchise
shall be performed in accordance with applicable City standards.
Section 10.3. If conditions (e.g. weather) make the complete restoration required
under Section 10. impracticable, Franchisee shall temporarily restore the affected Right -
of -Way or property. Such temporary restoration shall be a ranchisee's sole cost and
expense. Franchisee shall promptly undertake and co- ete the required permanent
restoration when conditions no longer make such pe,
ne -storation impracticable.
Section 10.4. In the event Franchisee s n t repair Right -of -Way or an
improvement in or to a Right -of -Way within the asonably directed to by the Public
Works Director, or his/her designee, t ma pair the damage and shall be
reimbursed its actual cost within sixty (60 - itting an invoice to Franchisee in
accordance with the provision- -ctio 4.3 and Section 14.4. In addition, and
pursuant to Section 14.3 a Sect'' - 4 e City may bill Franchisee for expenses
associated with the ins• - on 4.uch restoration work. The failure by Franchisee to
complete such repered a breach of this Franchise and is subject to
remedies by the Cit luding t • imposition of damages consistent with Section 24. .
Section 10.5. The
sions of this Section 10. shall survive the expiration,
revocation, abandonment, or termination of this Franchise.
Section 11. Safety Requirements.
Section 11.1. Franchisee shall, at all times, employ professional care and shall
install and maintain and use industry -standard methods for preventing failures and
accidents that are likely to cause damage, injuries, or nuisances to the public. All
structures and all lines, equipment, and connections in, over, under, and upon the Rights -
of -Ways, wherever situated or located, shall at all times be kept and maintained in a safe
condition. Franchisee shall comply with all federal, State, and City safety requirements,
Ezee Fiber Franchise Agreement Page 16 of 40
51
rules, regulations, laws, and practices, and employ all necessary devices as required by
applicable law during the construction, operation, maintenance, upgrade, repair, or
removal of its Facilities. By way of illustration and not limitation, Franchisee shall also
comply with the applicable provisions of the National Electric Code, National Electrical
Safety Code, FCC regulations, and Occupational Safety and Health Administration
(OSHA) Standards. Upon reasonable notice to Franchisee, the City reserves the general
right to inspect the Facilities to evaluate if they are constructed and maintained in a safe
condition.
Section 11.2. If an unsafe condition or a violation of Section 11.1 is found to exist,
and becomes known to the City, the City agrees to give F hisee written notice of such
condition and afford Franchisee a reasonable op u to repair the same. If
Franchisee fails to start to make the necessary airs and ations within the time
frame specified in such notice (and pursue s cur completion), then the City may
make such repairs or contract for them to be ma All costs, including administrative
costs, incurred by the City in repairing an on ns shall be borne by Franchisee
and reimbursed to the City pursua• o Se • 4. : nd Section 14.4.
Section 11.3. Additioninclude:
(a) Franchise- •all : eavor to maintain all equipment lines and facilities in
an orderly er, i din. •ut not limited to, the removal of all bundles of
unused cable anv ae I facilities.
(b) All installatiequipment, lines, and ancillary facilities shall be installed
in accordance with industry -standard engineering practices and shall comply with
all federal, State, and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights -of -Way or other public places
made by Franchisee in the course of its operations shall be protected by
Franchisee at all times by the placement of adequate barriers, fences, or boarding,
the bounds of which, during periods of dusk and darkness, shall be clearly marked
and visible.
Ezee Fiber Franchise Agreement Page 17 of 40
52
Section 11.4. Stop Work Order. On notice from the City that any work is being
performed contrary to the provisions of this Franchise, or in an unsafe or dangerous
manner as determined by the City, or in violation of the terms of any applicable permit,
laws, regulations, ordinances, or standards, the work may immediately be stopped by the
City. The stop work order shall:
Be in writing;
Be given to the person doing the work or posted on the work site;
Be sent to Franchisee by overnight delivery;
Indicate the nature of the alleged violation osafe condition; and
Establish conditions, consistent with
ordinances or generally applicable standa
!cable laws, regulations,
under whiork may be resumed.
Section 12. Work of Contractors and Subco • - . rs.
Section 12.1. Franchisee's contr
bonded in accordance with State law
requirements. Work by co
restrictions, limitations, and
Franchisee shall b
subcontractors an
Franchisee and sha
Franchise and applicabl
d s • ntractors shall be licensed and
s ordinances, regulations, and
ubcontractors are subject to the same
e work were performed by Franchisee.
work performed by its contractors and
ork on its behalf as if the work were performed by
t all such work is performed in compliance with this
Section 13. Maps and Records.
Section 13.1. The Franchisee agrees and covenants that it shall, within 10 days of
substantial completion of any construction project involving a Public Right -of -Way,
provide to the City, at no cost to the City, accurate copies of as -built plans and maps
stamped and signed by a professional land surveyor or engineer in a form and content
acceptable to the Public Works Director or designee.
Section 13.2. Within thirty (30) days of a written request from the Public Works
Director, the Franchisee shall furnish the City with information sufficient to demonstrate:
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(1) that the Franchisee has complied with all applicable requirements of this Franchise;
and (2) that all taxes, including but not limited to sales, utility and/or telecommunications
taxes, due the City in connection with the Franchisee's services and Facilities provided
by the Franchisee have been properly collected and paid by the Franchisee.
Section 13.3. Books, records, maps, and other documents maintained by
Franchisee with respect to its Facilities within the Rights -of -Way and which are
reasonably necessary to demonstrate compliance with the terms of this Franchise, shall,
after reasonable prior notice from the City, be made available for inspection by the City
at reasonable times and intervals but no more than one time each calendar year or upon
the City's reasonable belief that there has been a tion of this Franchise by
Franchisee; provided, however, that nothing in this ti. 3.3 shall be construed to
require Franchisee to violate state or federal law garding c mer privacy, nor shall
this Section 13.3 be construed to require Franc e t close proprietary or confidential
information without adequate safeguards for its c ential or proprietary nature. Unless
otherwise permitted or required by State -1 la othing in this Section 13.3 shall
be construed as permission to wit ■ .Id rel : cus w !Tier data from the City that the City
requests in conjunction with . :x a it or iew; provided, however, Franchisee may
redact identifying informatio cr ., street addresses (excluding City and zip
code), Social Securi -r 'r Employer Identification Numbers related to any
confidentiality agr_ ents Fra ise- has with third parties.
Section 13.4. Fr. is= shall not be required to disclose information that it
reasonably deems to be •roprietary or confidential in nature; provided, however,
Franchisee shall disclose such information to comply with a utility tax audit, or in the event
the City is permitted to charge franchise fees as further described in Section 15.1, or as
otherwise required in this Franchise. Franchisee shall be responsible for clearly and
conspicuously identifying the work as confidential, trade secret, or proprietary, and shall
provide a brief written explanation as to why such information is confidential and how it
may be treated as such under State or federal law. In the event that the City receives a
public records request under Chapter 42.56 RCW or similar law for the disclosure of
information Franchisee has designated as confidential, trade secret, or proprietary, the
City shall promptly provide written notice of such disclosure so that Franchisee may take
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appropriate steps to protect its interests. Nothing in this Section 13.4 prohibits the City
from complying with Chapter 42.56 RCW or any other applicable law or court order
requiring the release of public records, and the City shall not be liable to Franchisee for
compliance with any law or court order requiring the release of public records. The City
shall comply with any injunction or court order obtained by Franchisee that prohibits the
disclosure of any such confidential records; however, in the event a higher court overturns
such injunction or court order and such higher court action is or has become final and
non -appealable, Franchisee shall reimburse the City for any fines or penalties imposed
for failure to disclose such records as required hereunder within sixty (60) days of a
request from the City.
Section 13.5. On an annual basis, upon thirty
shall have the right to conduct an independent a
related to the administration or enforcement o
taxes, in accordance with GAAP. If the audit
underpaid by three percent (3%) or more
Section 14. Costs and Fees.
Section 14.1. Franchi
expenses incurred by th- t
Franchise pursuant
costs incurred in d
construction permits sh
rior written notice, the City
of Franch -'s records reasonably
hise and the collection of utility
ws that tax payments have been
II pay the total cost of the audit.
e-time fee for the actual administrative
re directly related to the receiving and approving this
including the costs associated with the City's legal
rocessing this Franchise, not to exceed $5,000. No
ued for the installation of Facilities authorized until such
time as the City has received payment of this fee; further, this Franchise shall be
considered void if the fee is not paid within ninety (90) days of receipt of the invoice.
Franchisee shall further be subject to all permit fees associated with activities undertaken
through the authority granted in this Franchise or under the laws of the City. Where the
City incurs costs and expenses for review, inspection, or supervision of activities,
including but not limited to reasonable fees associated with attorneys, consultants, City
Staff and City Attorney time, undertaken through the authority granted in this Franchise
or any ordinances relating to the subject for which a permit fee is not established,
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Franchisee shall pay such costs and expenses directly to the City in accordance with the
provisions of Section 14.3.
Section 14.2. In addition to Section 14.1, Franchisee shall promptly reimburse the
City in accordance with the provisions of Section 14.3 and Section 14.4 for any and all
costs the City reasonably incurs in response to any emergency situation involving
Franchisee's Facilities, to the extent said emergency is not the fault of the City.
Section 14.3. Consistent with state law, Franchisee shall reimburse the City within
sixty (60) days of submittal by the City of an itemized billing for reasonably incurred costs,
itemized by project, for Franchisee's proportionate share of ail actual, identified expenses
incurred by the City in planning, constructing, installing, r airing, altering, or maintaining
any City facility as the result of the presence of Fr iset. Facilities in the Right -of -
Way. Such costs and expenses shall inclu ut not be . sited to Franchisee's
proportionate cost of City personnel assigned v ee or engage in any work in the
Right -of -Way as the result of the presen - .f Fran ee's Facilities in the Right -of -Way.
Such costs and expenses shall also incluproportionate share of any time
spent reviewing construction p n o to either accomplish the relocation of
Franchisee's Facilities or the g of any utilities so as not to interfere with
Franchisee's Facilities.
Section 14.4
of salary, including
other costs will be bille
ployees shall be charged at their respective rate
plicable, plus benefits and reasonable overhead. Any
rtionately on an actual cost basis. All billings will be
itemized so as to specifical y identify the costs and expenses for each project for which
the City claims reimbursement. A charge for the actual costs incurred in preparing the
billing may also be included in said billing. Billing will be made on a monthly basis.
Section 15. City's Reservation of Rights
Section 15.1. Franchisee hereby represents that its operations as authorized
under this Franchise are those of a telephone business as defined in RCW 82.16.010, or
service provider as defined in RCW 35.21.860. As a result, the City will not impose a
Franchise fee under the terms of this Franchise, other than as described herein. The City
hereby reserves its right to impose a Franchise fee on Franchisee if Franchisee's
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operations as authorized by this Franchise change such that the statutory prohibitions of
RCW 35.21.860 no longer apply or, if statutory prohibitions on the imposition of such fees
are removed. In either instance, the City also reserves its right to require that Franchisee
obtain a separate Franchise for its change in use. Nothing contained herein shall
preclude Franchisee from challenging any such new fee or separate agreement under
applicable federal, State, or local laws.
Section 15.2. Franchisee acknowledges that its operation with the City
constitutes a telecommunications business subject to the utility tax imposed pursuant to
the TMC Chapter 3.50. Franchisee stipulates and agrees that certain of its business
activities are subject to taxation as a telephone busines d that Franchisee shall pay
to the City the rate applicable to such taxable servi
TMC Chapter 3.50, and
consistent with state and federal law. The parti- agree hove 'er, that nothing in this
Franchise shall limit the City's power of taxati• -s m, exist now or as later imposed by
the City. This provision does not limit the City's • er to amend TMC Chapter 3.50 as
may be permitted by law. Nothing in thi .ntended to alter, amend, modify
or Y expand the taxes and fees that ■■ . be `n` . a essed on Franchisee's Services.
p Y
Section 16. Police Powers d Ci • rdi ces.
Section 16.1. N
City's ability to ado
the performance of
including, but not limite
Franchise Ordinance shall be deemed to restrict the
ecessary and appropriate ordinances regulating
of the Franchise granted by this Franchise Ordinance,
valid ordinance made in the exercise of the City's police
powers in the interest of public safety and for the welfare of the public. The City shall
have the authority at all times to control by appropriate regulations, including design
standards and utility accommodation policies, the location, elevation, manner of
construction, and maintenance of any Franchisee Facilities located within any Public
Right -of -Way or affecting any Public Right -of -Way, and the Franchisee shall promptly
conform with all such regulations, unless compliance would cause the Franchisee to
violate other requirements of law. In the event of a conflict between the regulatory
provisions of this Franchise Ordinance and any other ordinance(s) enacted under the
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City's police power authority, such other ordinance(s) shall take precedence over the
regulatory provisions set forth herein.
Section 17. Limitation of City's Liability.
Section 17.1. Administration by the City of the Franchise granted by this Franchise
Ordinance shall not be construed to create the basis for any liability to any third party on
the part of the City, its elected and appointed officials, officers, employees, and agents
for any injury or damage from the failure of the Franchisee to comply with the provisions
of this Franchise Ordinance; by reason of any plan, schedule or specification review,
inspection, notice and order, permission, or other approval o onsent by the City; for any
action or inaction thereof authorized or done in conne with the implementation or
enforcement of the Franchise by the City; or for th
City.
Section 18. Compliance with All Applicable
curof plans submitted to the
Section 18.1. Each party agrees t ' . with present and future federal, state
and local laws, ordinances, rules and reg ' . her the City nor Franchisee waive
any rights they may have und- .ny ch s, rules or regulations. This Franchise is
subject to ordinances of gen ap► - acted pursuant to the City's police powers.
Franchisee further agr- e e all liens and encumbrances arising as a result of
said use or work. ' . nchisee all, . its own expense, maintain its Facilities in a safe
condition, in good re• and i : manner reasonably suitable to the City. Additionally,
Franchisee shall keep its ities free of debris and anything of a dangerous, noxious
or offensive nature or which would create a hazard or undue vibration, heat, noise or any
interference with City services. City reserves the right at any time to amend this Franchise
to conform to any hereafter enacted, amended, or adopted federal or state statute or
regulation relating to the public health, safety, and welfare, or relating to roadway
regulation, or a City ordinance enacted pursuant to such federal or state statute or
regulation when such statute, regulation, or ordinance necessitates this Franchise be
amended in order to remain in compliance with applicable laws, but only upon providing
Franchisee with thirty (30) days written notice of its action setting forth the full text of the
amendment and identifying the statute, regulation, or ordinance requiring the amendment.
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Said amendment shall become automatically effective upon expiration of the notice period
unless, before expiration of that period, Franchisee makes a written request for
negotiations over the terms of the amendment. If the parties do not reach agreement as
to the terms of the amendment within thirty (30) days of the call for negotiations, either
party may pursue any available remedies at law or in equity.
Section 19. Indemnification
Section 19.1. Franchisee releases, covenants not to bring suit, and agrees to
indemnify, defend, and hold harmless the City, its officers, agents, employees, volunteers,
elected and appointed officials, and contractors from any an• -11 claims, costs, judgments,
awards, or liability to any person, for injury or death of a erson, or damage to property
caused by or arising out of any acts or omissions • ranee, its agents, servants,
officers, or employees in the performance of this '-nchise an.. rights granted within
this Franchise.
Section 19.2. Inspection or acc:. • e by City of any work performed by
Franchisee at the time of completion of c hall not be grounds for avoidance
by Franchisee of any of its obl'' un. this Section 19. . These indemnification
obligations shall extend to c - o, educed to a suit and any claims that may
be compromised, with F - ' hi prior written consent, prior to the culmination of any
litigation or the insti •n of a liti• •n.
Section 19.3. - City all promptly notify Franchisee of any claim or suit and
request in writing that Fra .ee indemnify the City. Franchisee may choose counsel to
defend the City subject to this Section 19.3. City's failure to so notify and request
indemnification shall not relieve Franchisee of any liability that Franchisee might have,
except to the extent that such failure prejudices Franchisee's ability to defend such claim
or suit. In the event that Franchisee refuses the tender of defense in any suit or any claim,
as required pursuant to the indemnification provisions within this Franchise, and said
refusal is subsequently determined by a court having jurisdiction (or such other tribunal
that the parties shall agree to decide the matter), to have been a wrongful refusal on the
part of Franchisee, Franchisee shall pay all of the City's reasonable costs for defense of
the action, including all expert witness fees, costs, and attorney's fees, and including
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costs and fees incurred in recovering under this indemnification provision. If separate
representation to fully protect the interests of both parties is necessary, such as a conflict
of interest between the City and the counsel selected by Franchisee to represent the City,
then upon the prior written approval and consent of Franchisee, which shall not be
unreasonably withheld, the City shall have the right to employ separate counsel in any
action or proceeding and to participate in the investigation and defense thereof, and
Franchisee shall pay the reasonable fees and expenses of such separate counsel, except
that Franchisee shall not be required to pay the fees and expenses of separate counsel
on behalf of the City for the City to bring or pursue any counterclaims or interpleader
action, equitable relief, restraining order or injunction. The 's fees and expenses shall
include all out-of-pocket expenses, such as consultants pert witness fees, and shall
also include the reasonable value of any services ndered he counsel retained by
the City but shall not include outside attorney ' -es f• services at are unnecessarily
duplicative of services provided the City by Fran
and to cause its employees and agents
of any such claim and the relevant recor
party with respect to any such
Each party agrees to cooperate
'th the other party in the defense
rty shall be available to the other
Section 19.4. The pa _ •e that this Franchise may be subject to
RCW 4.24.115. Acc• in - event of liability for damages arising out of bodily
injury to persons damages property caused by or resulting from the concurrent
negligence of Franchi - and - City, its officers, officials, employees, and volunteers,
Franchisee's liability shal only to the extent of Franchisee's negligence. It is further
specifically and expressly understood that the indemnification provided constitutes
Franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
Section 19.5. Notwithstanding any other provisions of this Section 19. ,
Franchisee assumes the risk of damage to its Facilities located in the Rights -of -Way and
upon City -owned property from activities conducted by the City, its officers, agents,
employees, volunteers, elected and appointed officials, and contractors, except to the
extent any such damage or destruction is caused by or arises from any sole negligence,
intentional misconduct or criminal actions on the part of the City, its officers, agents,
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employees, volunteers, or elected or appointed officials, or contractors. In no event shall
the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive
damages, including by way of example and not limitation lost profits, lost revenue, loss of
goodwill, or loss of business opportunity in connection with its performance or failure to
perform under this Franchise. Franchisee releases and waives any and all such claims
against the City, its officers, agents, employees, volunteers, or elected or appointed
officials, or contractors. Franchisee further agrees to indemnify, hold harmless and
defend the City against any claims for damages, including, but not limited to, business
interruption damages, lost profits and consequential damages, brought by or under users
of Franchisee's Facilities as the result of any interruption service due to damage or
destruction of Franchisee's Facilities caused by or ari ' • t of activities conducted by
the City, its officers, agents, employees or contr rs exc- to the extent any such
damage or destruction is caused by or arise om sole n - • ligence or intentional
misconduct, or criminal actions on the part of t y, its officers, agents, employees,
volunteers, or elected or appointed offic ontr rs.
Section 19.6. The provisio of thi F`' tion 9. shall survive the expiration,
revocation, termination, or ab. .on t of , 's Franchise.
Section 20. Insurance.
Section 20.1 . nchis. sh. procure and maintain for the duration of the
Franchise and as to -s Franc .ee has Facilities in the rights -of -way, insurance against
claims for injuries to per • amage to property which may arise from or in connection
with the Franchise and use of the rights -of -way.
(a) No Limitation. Franchisee's maintenance of insurance as required
by the Franchise shall not be construed to limit the liability of Franchisee to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available
at law or in equity.
(b) Minimum Scope of Insurance. Franchisee shall obtain insurance of
the types and coverage described below:
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(i) Commercial General Liability insurance shall be at least as
broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop gap liability, independent contractors, products -completed operations,
personal injury and advertising injury, and liability assumed under an insured contract.
There shall be no exclusion for liability arising from explosion, collapse or underground
property damage. The City shall be named as an additional insured under Franchisee's
Commercial General Liability insurance policy with respect this Franchise using ISO
endorsement CG 20 12 05 09 or CG 20 26 07 04, or substitute endorsement providing
at least as broad coverage.
(ii) Automobile Liability insurance ering all owned, non -
owned, hired and leased vehicles. Coverage shall b e as broad as Insurance
Services Office (ISO) form CA 00 01.
(iii) Contractors Pollutio 'a insurance shall be in effect
throughout the entire Franchise coverin• ses ca d by pollution conditions that
arise from the operations of Franchisee. ution Liability shall cover bodily
injury, property damage, cleanu • an. ense, including costs and expenses
incurred in the investigation, ' .r sett ent of claims.
Compensation coverage as required by the
Industrial Insurance soft to •f Washington.
s or Umbrella Liability insurance shall be excess over
and at least as broad in c• :ge as Franchisee's Commercial General Liability and
Automobile Liability insurance. The City shall be named as an additional insured on the
Contractor's Excess or Umbrella Liability insurance policy.
(c) Minimum Amounts of Insurance. Franchisee shall maintain the
following insurance limits:
(i)
Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate.
(ii) Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per accident.
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(iii) Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000.
(iv) Excess or Umbrella Liability insurance shall be written with
limits of not Tess than $5,000,000 per occurrence and annual aggregate. The Excess or
Umbrella Liability requirement and limits may be satisfied instead through Franchisee's
Commercial General Liability and Automobile Liability insurance, or any combination
thereof that achieves the overall required limits.
(d) Other Insurance Provisions. Franchisee's Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, ntractors Pollution Liability
insurance policy or policies are to contain, or be endor to contain, that they shall be
primary insurance as respect the City. Any insuranc elf-i ance, or self -insured pool
coverage maintained by the City shall be exces ranchisee urance and shall not
contribute with it.
(e) Acceptability of Ins is to be placed with insurers with
a current A.M. Best rating of not less than
(f) VerificatioFranchisee shall furnish the City with
original certificates and a • - datory endorsements, including but not
necessarily limited to 'di .I insured endorsement, evidencing the insurance
requirements of th= anchise. •on -quest by the City, Franchisee shall furnish certified
copies of all requir- nsura► a policies, including endorsements, required in this
Franchise and evidence . ubcontractors' coverage.
(g) Subcontractors. Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of Franchisee -provided insurance as set forth herein, except Franchisee
shall have sole responsibility for determining the limits of coverage required to be
obtained by Subcontractors. Franchisee shall ensure that the City is an additional insured
on each and every Subcontractor's Commercial General liability insurance policy using
an endorsement as least as broad as ISO CG 2026.
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(h) Notice of Cancellation. Franchisee shall provide the City with
written notice of any policy cancellation within two business days of their receipt of such
notice.
(i)
Failure to Maintain Insurance. Failure on the part of Franchisee
to maintain the insurance as required shall constitute a material breach of Franchise,
upon which the City may, after giving five business days' notice to Franchisee to correct
the breach, terminate the Franchise or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand.
(j) City Full Availability of Fr. ' isee Limits. If Franchisee
maintains higher insurance limits than the minimu sho above, the City shall be
insured for the full available limits of Commercial neral and E s or Umbrella liability
maintained by Franchisee, irrespective of whe s limits maintained by Franchisee
are greater than those required by this F - chise ether any certificate of insurance
furnished to the City evidences limits 1 er than those maintained by
Franchisee.
(k) Fr hise- - -If- urance. If Franchisee is self -insured or
becomes self -insured d • • th= m of the Franchise, Franchisee or its affiliated parent
entity shall comply h the to •: (i) provide the City, upon request, a copy of
Franchisee's or its • -nt com ny's most recent audited financial statements, if such
financial statements ar- • erwise publicly available; (ii) Franchisee or its parent
company is responsible for all payments within the self -insured retention; and (iii)
Franchisee assumes all defense and indemnity obligations as outlined in Section 19.
Section 21. Bonds.
Section 21.1. Construction Performance Bond. Upon an application for a permit
involving excavation, installation, construction, restoration or relocation of the Facilities
and if required by the City, Franchisee shall furnish a performance bond ("Performance
Bond") written by a corporate surety reasonably acceptable to the city in an amount equal
to 150% of the construction cost, which should not be less than $2,000. The amount of
the Performance Bond may be reduced during construction as determined by the City.
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The Performance Bond shall guarantee the following: (1) timely completion of
construction; (2) construction in compliance with all applicable plans, permits, technical
codes, and standards; (3) proper location of the Facilities as specified by the City; (4)
restoration of the Rights -of -Way and other City properties affected by the construction;
(5) submission of as -built drawings after completion of construction; and (6) timely
payment and satisfaction of all claims, demands, or liens for labor, materials, or services
provided in connection with the work which could be asserted against the City or City
property. Said bond must remain in full force until the completion of construction,
including final inspection, corrections, and final approval of the work, recording of all
easements, provision of as -built drawings, and the postin' of a Maintenance Bond as
described in Section 21.2.
Section 21.2. Maintenance Bond. Followi xcavation, 'stallation, construction,
restoration or relocation of the Facilities and eq by the City, Franchisee shall
furnish a two (2) year maintenance bond (" tenance Bond"), or other surety
acceptable to the City, at the time of fin. - .nc construction work on Facilities
within the Rights -of -Way. The Maintena .n. . ount will be equal to ten percent
(10%) of the documented fin st o he c► truction work. The Maintenance Bond in
this Section 21.2 must be in a 's release of the bond required by Section
21.1.
Section 21.3.-ranchise nd. Franchisee shall provide City with a bond in the
amount of Twenty -Five Tho d Dollars ($25,000.00) ("Franchise Bond") running or
renewable for the term of th.s Franchise, in a form and substance reasonably acceptable
to City. In the event Franchisee shall fail to substantially comply with any one or more of
the provisions of this Franchise following notice and a reasonable opportunity to cure,
then there shall be recovered jointly and severally from Franchisee and the bond any
actual damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs, compensation or indemnification of third parties, and the
cost of removal or abandonment of facilities hereinabove described. Franchisee
specifically agrees that its failure to comply with the terms of this Section 20.1 shall
constitute a material breach of this Franchise. The amount of the bond shall not be
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Page 30 of 40
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construed to limit Franchisee's liability or to limit the City's recourse to any remedy to
which the City is otherwise entitled at law or in equity.
Section 22. Abandonment of Franchisee's Facilities.
Section 22.1. Upon the expiration, termination, or revocation of the rights granted
under this Franchise, Franchisee shall remove all of its Facilities from the Rights -of -Way
within thirty (30) days of receiving written notice from the Public Works Director or
designee. The Facilities, in whole or in part, may not be abandoned by Franchisee without
written approval by the City. Any plan for abandonment or removal of Franchisee's
Facilities must be first approved by the Public Works Directo •r his/her designee, and all
necessary permits must be obtained prior to such wor, ranchisee shall restore the
Right -of -Way to at least the same condition the Rig t of- . were in immediately prior
to any such removal provided Franchisee shall n e responsib • r any changes to the
Right -of -Way not caused by Franchisee or on doing work for Franchisee.
Franchisee shall be solely responsible fo I costs ciated with removing its Facilities.
Section 22.2. Notwithstanding Se on above, the City may permit
Franchisee's improvements to • : • Edon: in place in such a manner as the City may
prescribe. Upon permane aba - • •� -nt, . nd Franchisee's agreement to transfer
ownership of the Faciliti- • the , y, Franchisee shall submit to the City a proposal and
instruments for tranto the City.
Section 22.3. Facili which are not removed within one hundred twenty
(120) days of either the • •f termination or revocation or the date the City issued a
permit authorizing removal, whichever is later, shall automatically become the property of
the City. Any costs incurred by the City in safeguarding such Facilities or removing the
Facilities shall be reimbursed by Franchisee. Nothing contained within this Section 22.
shall prevent the City from compelling Franchisee to remove any such Facilities through
judicial action when the City has not permitted Franchisee to abandon said Facilities in
place.
Section 22.4. If Franchisee leases a structure in the Right -of -Way from a landlord
and such landlord later replaces, removes or relocates the structure, for example by
building a replacement structure, Franchisee shall remove or relocate its Facilities within
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the Right -of -Way within ninety (90) days of such notification from the landlord at no cost
to the City.
Section 22.5. The provisions of this Section 22. shall survive the expiration,
revocation, abandonment, or termination of this Franchise and for so long as Franchisee
has Facilities in Rights -of -Way.
Section 23. Forfeiture and Revocation.
Section 23.1. If Franchisee willfully violates or fails to comply with any of the
provisions of this Franchise, or through willful misconduct or gross negligence fails to
heed or comply with any notice given Franchisee by the Ci nder the provisions of this
Franchise, then Franchisee shall, at the election of t - wila City Council, forfeit all
rights conferred hereunder and this Franchise mayrevoke • annulled by the Council
after a hearing held upon notice to Franchisee.
Section 23.2. Such hearing shall be open
interested parties may offer written an
alleged noncompliance. This hearing
Franchisee to conduct discov
(30) days after the hearing, t
the determination as t
be terminated, or
City Council may in
e public and Franchisee and other
e explaining or mitigating such
e the right to either the City or
itnesses, or take depositions. Within thirty
uncil, on the basis of the record, will make
e is cause for revocation, whether the Franchise will
tions should otherwise be imposed. The Tukwila
etion fix an additional time period to cure violations. If
the deficiency has not be • red at the expiration of any additional time period or if the
Tukwila City Council does not grant any additional period, the Tukwila City Council may
by resolution declare the Franchise to be revoked and forfeited or impose lesser
sanctions. If Franchisee appeals revocation and termination, such revocation may be
held in abeyance pending judicial review by a court of competent jurisdiction, provided
Franchisee is otherwise in compliance with the Franchise.
Section 24. Remedies to Enforce Compliance.
Section 24.1. The City may elect, without any prejudice to any of its other legal
rights and remedies, to obtain an order from the superior court having jurisdiction
Ezee Fiber Franchise Agreement Page 32 of 40
67
compelling Franchisee to comply with the provisions of the Franchise and to recover
damages and costs incurred by the City by reason of Franchisee's failure to comply. In
addition to any other remedy provided herein, the City reserves the right to pursue any
remedy to compel or force Franchisee and/or its successors and assigns to comply with
the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the
City from thereafter declaring a forfeiture or revocation for breach of the conditions herein.
In addition to any other remedy provided in this Franchise, Franchisee reserves the right
to pursue any remedy available at law or in equity to compel or require the City, its officers,
employees, volunteers, contractors and other agents and representatives, to comply with
the terms of this Franchise. Further, all rights and remed
addition to and cumulative with any and all other right
the City or Franchisee. Such rights and remedies
of one or more rights or remedies shall not be
the same time or thereafter any other right or re
into this Franchise, it is not the intenti
rights, remedies, or obligations as othe
nothing contained here shall
parties agree that in the e
required to post a bond
of such a requirem
rovided herein shall be in
emedies available to either
e _ lusive, and the exercise
iver o he right to exercise at
Provided, further, that by entering
Franchisee to waive any other
by law equity, or otherwise, and
construed to effect any such waiver. The
s injunctive relief, neither party shall be
urity and the parties agree not to seek the imposition
Section 24.2.1 er p. (the "Defaulting Party") shall violate, or fail to comply
with any of the provisions is Franchise, or should it fail to heed or comply with any
notice given to such party under the provisions of this Franchise, the other party (the
"Non -Defaulting Party") shall provide the Defaulting Party with written notice specifying
with reasonable particularity the nature of any such breach and the Defaulting Party shall
undertake all commercially reasonable efforts to cure such breach within thirty (30) days
of receipt of notification. If the parties reasonably determine the breach cannot be cured
within (30) thirty days, the Non -Defaulting Party may specify a longer cure period, and
condition the extension of time on the Defaulting Party's submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty (30)
day cure period, and diligent prosecution of the work to completion. If the breach is not
Ezee Fiber Franchise Agreement Page 33 of 40
68
cured within the specified time, or the Defaulting Party does not comply with the specified
conditions, the Non -Defaulting Party may pursue any available remedy at law or in equity
as provided in Section 24.1 above, or in the event Franchisee has failed to timely cure or
commence cure of the breach, the City may, at its discretion, (1) revoke this Franchise
with no further notification pursuant to this Section 24. , (2) refuse to grant additional
permits, or (3) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the
Franchisee or Franchise Bond set forth in Section 21.3.
Section 25. Non -Waiver.
Section 25.1. The failure of either party to insist upon .trict performance of any of
the covenants and agreements of this Franchise or exercise any option herein
conferred in any one or more instances, shall n t •e c• trued to be a waiver or
relinquishment of any such covenants, agree s or option . ny other covenants,
agreements or option.
Section 26. Acceptance.
Section 26.1. Within sixty
Franchisee shall execute an
Franchise in the form attac
submit proof of insur
Section 20. , any
the Franchise Bond
pursuant to Section 14.1.
Section 27. Survival.
da s of of this Franchise Ordinance, the
ity its execution and acceptance of this
chment B. In addition, Franchisee shall
and additional insured endorsement pursuant to
tion Performance Bond pursuant to Section 21.1,
ursuant to Section 21.3, and the administrative fee
Section 27.1. All of the provisions, conditions, and requirements of Section 6. ,
Section 7. Section 9. , Section 10. , Section 19. , Section 20. , Section 22. , Section
32.1, Section 35.3 and Section 35.4 of this Franchise shall be in addition to any and all
other obligations and liabilities Franchisee may have to the City at common law, by
statute, or by contract, and shall survive the City's Franchise to Franchisee for the use of
the Franchise Area, and any renewals or extensions thereof. All of the provisions,
conditions, regulations and requirements contained in this Franchise shall further be
Ezee Fiber Franchise Agreement Page 34 of 40
69
binding upon the heirs, successors, executors, administrators, legal representatives and
assigns of Franchisee and all privileges, as well as all obligations and liabilities of
Franchisee shall inure to its heirs, successors and assigns equally as if they were
specifically mentioned where Franchisee is named herein.
Section 28. Assignment.
Section 28.1. This Franchise may not be directly or indirectly assigned, transferred,
or disposed of by sale, lease, merger, consolidation or other act of Franchisee, by
operation of law or otherwise, unless prior written consent is provided to the City within
sixty (60) days following the assignment. In the case of trans r or assignment as security
by mortgage or other security instrument in whole or in p o secure indebtedness, such
notice shall not be required unless and until the sec d pa elects to realize upon the
collateral. For purposes of this Section 28.1, no ignment or sfer of this Franchise
shall be deemed to occur based on the publi d' of Franchisee's stock; provided,
however, any tender offer, merger, or si . r trans n resulting in a change of control
shall be subject to the provisions of this
Section 28.2. Any trans
50% or more of the (i) o
Franchisee or its Telec
working control of
control of the capaci
ingularly or collectively result in a change of
g control (for example, management of
ons facilities) of the Franchisee; or (ii) ownership or
lecommunications facilities within the City; or (iii)
h of the Franchisee's Telecommunication facilities within
the City, shall be conside « - ssignment or transfer requiring notice to the City pursuant
to this Franchise. Such transactions between affiliated entities are not exempt from notice
requirements. A Franchisee shall notify the City of any proposed change in, or transfer of,
or acquisition by any other party of control of a Franchisee within sixty (60) days following
the closing of the transaction.
Section 29. Entire Agreement.
Section 29.1. This Franchise constitutes the entire understanding and agreement
between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution of
this Franchise.
Ezee Fiber Franchise Agreement Page 35 of 40
70
Section 30. Extension.
Section 30.1. If this Franchise expires without renewal or is otherwise lawfully
terminated or revoked, the City may, subject to applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month -to -month
basis, provided that Franchisee maintains insurance for such Facilities during such
period and continues to comply with this Franchise; or
(b) The City may order the removal of any and all Facilities at Franchisee's sole
cost and expense consistent with Section 22.
Section 31. Eminent Domain.
Section 31.1. The existence of this Franchis- a •t preclude the City from
acquiring by condemnation in accordance with plicable la :II or a portion of the
Franchisee's Facilities for the fair market valu re n determining the value of such
Facilities, no value shall be attributed tone righ occupy the area conferred by this
Franchise.
Section 32. Vacation.
Section 32.1. If at an
area affected by this Fr
Franchisee by reas
of the Right -of -Way,
easement for Franchise
rdinance, vacates all or any portion of the
City shall not be liable for any damages or loss to the
If Franchisee has Facilities in the vacated portion
all use reasonable efforts to reserve an appurtenant
n the vacated portion of the Right -of -Way within which
Franchisee may continue to operate existing Facilities under the terms of this Franchise
for the remaining period of the term set forth in Section 4. Notwithstanding the preceding
sentence, the City shall incur no liability for failing to reserve such easement. The City
shall notify the Franchisee in writing not less than sixty (60) days before vacating all or
any portion of any such area, in which Franchisee is located. The City may, after sixty
(60) days written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
Section 33. Hazardous Substances.
Ezee Fiber Franchise Agreement Page 36 of 40
71
Section 33.1. Franchisee shall not introduce or use any hazardous substances
(chemical or waste), in violation of any applicable law or regulation, nor shall Franchisee
allow any of its agents, contractors or any person under its control to do the same.
Franchisee will be solely responsible for and will defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from and against any and
all claims, costs and liabilities including reasonable attorneys' fees and costs, arising out
of or in connection with the cleanup or restoration of the property to the extent caused by
Franchisee's use, storage, or disposal of hazardous substances, whether or not
intentional, and the use, storage or disposal of such substances by Franchisee's agents,
contractors or other persons acting under Franchisee's con , whether or not intentional.
Section 33.2. The obligations of the Franchi -r this Section 32.1 shall
survive the expiration, revocation, abandonmenarlier ter .tion of the Franchise
granted by this Franchise Ordinance.
Section 34. Notice
Section 34.1. Any Notice or inform
parties under this Franchise a
otherwise specified:
CITY OF TUKWILA
City Clerk's Office
6200 Southcenter el
Tukwila, WA 98188
Phone:
Email:
or permitted to be given to the
be sent to the following addresses unless
FRANCHISEE
Section 34.2. The Franchisee's current emergency contact shall be Garner
Duncan and is reachable via the following number 972-898-5487 or 713-255-7500, and
shall be available 24 hours a day, seven days a week. The Franchisee shall promptly
notify the City of any change in the notice address or emergency contact (or title) and
phone number.
Section 35. Miscellaneous.
Ezee Fiber Franchise Agreement Page 37 of 40
72
Section 35.1. Prior to constructing any Facilities, Franchisee shall obtain a
business or utility license from the City. Franchisee shall pay promptly and before they
become delinquent, all taxes on personal property and improvements owned or placed
by Franchisee and shall pay all license fees and public utility charges relating to the
conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay
any other applicable tax unless documentation of exemption is provided to the City and
shall pay utility taxes and license fees imposed by the City.
Section 35.2. City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section 35.3. If a suit or other action is instituted in nection with any controversy
arising out of this Franchise, the prevailing party sha • - en • to recover all of its costs
and expenses, including such sum as the court . y judge as onable for attorneys'
fees, costs, expenses and attorneys' fees upo • _ •f any judgment or ruling.
Section 35.4. This Franchise shal _ •nstru- accordance with the laws of the
State of Washington. Venue for any disp - _ - this Franchise shall be the United
States District Court for the Di- ct of Washington, or Snohomish County
Superior Court.
Section 35.5. S
reading thereof.
interpretation of the t
and headings are intended solely to facilitate the
d headings shall not affect the meaning or
Section 35.6. Wher- e context so requires, the singular shall include the plural
and the plural include the singular.
Section 35.7. Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it is acknowledged
and agreed that the City is making no representation, warranty or covenant whether any
of the foregoing approvals, authorizations or agreements are required or have been
obtained by Franchisee by any person or entity.
Section 35.8. This Franchise may be enforced at both law and equity.
Ezee Fiber Franchise Agreement Page 38 of 40
73
Section 35.9. Franchisee acknowledges that it, and not the City, shall be
responsible for the premises and equipment's compliance with all marking and lighting
requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City
harmless from any fines or other liabilities caused by Franchisee's failure to comply with
such requirements. Should Franchisee or the City be cited by either the FCC or the FAA
because the Facilities or the Franchisee's equipment is not in compliance and should
Franchisee fail to cure the conditions of noncompliance within the timeframe allowed by
the citing agency, the City may either terminate this Franchise immediately on notice to
the Franchisee or proceed to cure the conditions of noncompliance at the Franchisee's
expense.
Section 35.10. This Franchise is subject aI rent and future applicable
federal, State and local laws, regulations and ers of g nmental agencies as
amended, including but not limited to the Com ica ' s Act of 1934, as amended, the
Telecommunications Act of 1996, as amended the Rules and Regulations of the
FCC. Neither the City nor Franchisee rig they may have under any such
laws, rules, or regulations.
Section 35.11. Tarty beneficiaries to this Franchise.
0
Ezee Fiber Franchise Agreement Page 39 of 40
74
Attachment B
STATEMENT OF ACCEPTANCE
, 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.
By:
Date:
Name:
Title:
STATE OF
COUNTY OF
On this day of
Public in and for the State o
personally appeared,
that executed the within and
to be the free and voluntary
therein mentioned, a
instrument.
IN WITNESS WHER
date hereinabove set f
fore me the undersigned, a Notary
, duly commissioned and sworn,
f , the company
nt, and acknowledged the said instrument
said company, for the uses and purposes
stated that he/she is authorized to execute said
ereunto set my hand and affixed my official seal on the
Signature
NOTARY PUBLIC in and for the State of
Residing at
MY COMMISSION EXPIRES:
Ezee Fiber Franchise Agreement
Page 40 of 40
75
City of Tukwila
Telecommunications Franchise Application
For Location of Telecommunications
Facilities Within City Right -of -Way
IMPORTANT: THIS APPLICATION CAN NOT BE SUBMITTED UNLESS
ACCOMPANIED BY A FRANCHISE APPLICATION FEE DEPOSIT OF $5891.00
DOLLARS CONSISTENT WITH TUKWILA MUNICIPAL CODE AND FEE
RESOLUTIONS. THIS DEPOSIT IS TO COVER ACTUAL ADMINISTRATIVE EXPENSES
INCURRED BY THE CITY (INCLUDING STAFF AND ATTORNEY/CONSULTANT
RELATED TIME) ASSOCIATED WITH THE REVIEW OF THIS FRANCHISE
APPLICATION AND ASSOCIATED FRANCHISE NEGOTIATIONS. THIS IS ONLY AN
INITIAL DEPOSIT; ADDITIONAL FEES MAY APPLY IF ADDITIONAL STAFF AND
ATTORNEY/CONSULTANT RELATED TIME IS NECESSARY.
Applicants may attach additional pages to further explain the answers below. If a question is
not applicable to an application as in the case of a transfer of ownership of a franchisee
without a change in the facilities and/or business operations of the acquired entity, an
applicant may refer to the information in and the requirements of the underlying franchise.
If you have any questions related to filling out this Franchise Application Form, please contact:
Eric Compton via e-mail at Eric.Compton@TukwilaWA.gov.
General Information
Name of Applicant: Ezee Fiber Texas, LLC dba Ezee Fiber
Address: 5959 Corporate Dr. Ste. 2000
City: Houston
State: TX
Zip Code:
77036
Telephone:713-255-7500 main, 713-405-1125
direct
Has the Applicant obtained a city business license? ❑ X (will apply today, 01/31/2025)
Yes No
PLEASE NOTE: All telecommunication carriers and service providers engaged in the business of
transmitting, supplying, or furnishing telecommunications service of any kind originating or terminating in
the City of Tukwila shall apply and obtain a Business License from the City pursuant to Chapter 5.04 of
Tukwila Municipal Code.
Name of Person Filing this Application: Garner Duncan
Title: SVP, Government Affairs
Company: Ezee Fiber
Address: 5959 Corporate Dr. Ste. 2000
City: Houston
Zip Code:
77043
Telephone: 713-405-1125
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1
76
State: TX
Email: garner.duncan@ezeefiber.com
Are you serving as agent for the above -named applicant? X ❑
If yes, please attach proof of agency. Yes No
Property and Facility Information
Is this an application for:
(i) New franchise? Yes X No ❑
(ii) Renewal/amending an existing franchise? Yes ❑ No X
(iii) Transfer of a franchise? Yes ❑ No X, if yes, identify who currently holds the franchise:
If you are renewing/amending an existing franchise, has your franchise otherwise expired?
Yes ❑ No X
If not, what is the expiration date of your current franchise?
N/A
Describe the telecommunications services that will be offered over the telecommunications facilities.
Ezee Fiber will install fiber-optic cables that will provide symmetrical internet connection to homes
businesses, governmental and educational entities.
The applicant may answer yes to one or more of the following questions.
Are you proposing to install facilities for personal wireless services? Yes X No ❑
Are you proposing to install small wireless facilities as defined by TMC 18.58.040 in the right of way?
Yes ❑ No X
Are you proposing to install underground wireline facilities? Yes X No ❑
Are you proposing to install aerial wireline facilities? Yes X No ❑
Are you proposing to install only one facility in the right of way? Yes X No ❑
Are you proposing to operate cable service or other video programming service? Yes ❑ No X
Are you proposing to install a wireless communications tower in the right of way? Yes ❑ No X
Are you proposing to install new poles in the right of way? Yes ❑ No X
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2
77
Are you proposing to install replacement poles in the right of way? Yes ❑ No X
If you are proposing to install replacement poles in the right of way, will these poles be over 60 feet?
Yes ❑ No X
Are you proposing to install ground equipment in the right of way? Yes X No ❑
Describe the telecommunications facilities and/or other equipment (including personal wireless
services and wireless communications facilities) proposed to be located within the right-of-way.
Please provide a photo simulation of the proposed facilities if available, which shall include a
description of any interconnection and electrical requirements and a description of which structures
the facilities will be connected or attached.
For distribution, we intend to install roadside cabinets about every 5,000 homes which are
about 2'x4'x4'. We use ground level hand -holes and splice enclosures.
Describe the transmission medium that will be used to provide telecommunications.
Fiber optic cable, 144-288 count cable. We expect the build -out will take 12-18 months in total,
although we can build faster if the city will allow.
Describe the areas of the city that are anticipated to be served. What is the expected build -out
schedule for these areas? If the City is already built out, describe if there are any expected
construction projects.
We expect to build our fiber-optic network across the entire city with -out significantly overlapping
another residential fiber-optic provider.
Describe your site access policies.
We do not have any site access policies as we're not installing any sites that will require access.
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78
Do you have an existing pole attachment or lease agreement with owners of poles in the right of way?
Yes ❑ No ❑ We are in the process of working with PGS and BPA on a Joint Use Agreement for pole
access.
Have you coordinated with pole owners regarding usage of their facilities and their requirements for
leases/pole attachments? Yes X No ❑
Is electrical power to your facilities needed? Yes X No ❑
If electrical power is needed, please describe how the facilities will receive electrical power.
We will require electricity to our roadside cabinet from the incumbent electrical provider.
Have you coordinated with the local electrical utility about their requirements to provide electrical
power to your facilities? Yes ❑ No X Not yet
Is backhaul infrastructure to your facilities needed? Yes X No ❑
Is the backhaul infrastructure provided by a third party? Yes X No ❑
If backhaul is needed, please describe how the facilities will receive backhaul.
Should Zayo be our underlying backhaul carrier, we will interconnect with their facilities in
predetermined splice locations across the region.
Have you coordinated with backhaul providers regarding their requirements to provide backhaul
services to your facility? Yes X No ❑
If the facilities are using microwave technologies for backhaul, are there existing macro facilities
within the city (or neighboring jurisdictions) to support this technology?
No
Please describe if your facilities will need any additional interconnection with existing
telecommunications facilities or carriers.
Should Zayo be our underlying backhaul carrier, we will interconnect with their facilities in
predetermined splice locations across the region.
Indicate what licenses, certificates, and authorizations are required from the Federal
Communications Commission, the Washington Utilities and Transportation Commission and any
other federal or state agency with jurisdiction over the proposed activities. Have all such licenses,
certificates and authorizations been obtained? Please attach your registration with the Washington
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4
79
Utilities and Transportation Commission.
We are licensed with the FCC and the Washington Utilities and Transportation Commissions
(WA License #UT-231030, attached to application).
Describe in detail the services that you expect to provide within the City, including whether the
provision of services will be to commercial and/or residential customers.
We intend to build out the entire city with fiber -optics, contingent upon competitors, to all homes
and businesses within the city limits of Sammamish. This fiber optic network will deliver 100% fiber
optic, carrier grade internet services to the residents and businesses of Tukwila.
Provide a summary of all utility taxes the proposed activities, facilities, and other equipment will be
subject to. In doing so, provide an estimate of income/revenues that can be used to calculate
estimated future utility taxes. Should the applicant believe it is not subject to any utility taxes,
provide the basis for such belief.
We understand the city will charge Ezee Fiber a franchise or ROW assessment in the 3-5% range on
Gross Receipts.
Explain whether the Internet Tax Freedom Act does or does not apply to the services being provided.
ITFA prohibits imposition of retail sales tax on internet access
The City of Tukwila reserves the right to ask additional questions on a case -by -case basis.
Certification
I certify that the information and any attachment submitted herewith are true and correct to the best of my
knowledge and that I have the authority to file this application and act on behalf of the above -named
telecommunications provider or carrier.
Signature Please Print Name 02/07/2025Date
G"F6 Garner Duncan
Submit to:
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5
80
Received By:
Signature Please Print Name Date
ALSO SUBMIT WITH THIS COMPLETED APPLICATION FORM AS APPLICABLE:
1) Provide a map of the area to be covered by the franchise and include specific locations of initial
build -out, if known. Identify which facilities will be underground, ground based and aerial.
2) Evidence of registration in the one -number locator service, as described in RCW Chapter 19.122.
3) Financial statements prepared in accordance with generally accepted accounting principles
demonstrating the applicant's financial ability to construct, operate, maintain, relocate, and
remove the facilities.
4) If the initial deployment is known, an 11"x17" set of preliminary construction designs,
specifications, and a map for initial deployment with sufficient detail to identify the following
items:
a. The location and route requested for the applicant's proposed telecommunications
facilities; and
b. The location of overhead and underground public utility, telecommunication, cable,
water, sewer drainage and other lines and equipment in the rights -of -way along the
proposed route; and
c. The specific trees, structures, improvements, facilities, lines and equipment and
obstructions, if any, that the applicant proposes to temporarily or permanently remove or
relocate; and
d. If the applicant is proposing an underground installation within new ducts or conduits to
be constructed within the rights -of -way and to the extent specific locations are known:
i. The location proposed for new ducts or conduits.
ii. Evidence that there is sufficient capacity within the rights -of -way for the
proposed telecommunications facilities; and
e. Photo simulations of any small wireless facilities if such facilities are proposed which
shall include a description of any interconnection and electrical requirements and a
description of which structures the facilities will be connected to or attached.
5) A preliminary construction schedule and anticipated completion date.
6) Description of any zoning or land use permits that have been applied for or obtained from the
city, as applicable.
7) List of other Washington jurisdictions in which applicant has a franchise or master permit.
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81
82
City of Tukwila
Thomas McLeod, Mayor
Pub[rc Works Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Pete Mayer, Deputy City Administrator/ Interim Public Works Director
BY: Catrien de Boer, Public Works Analyst
CC: Mayor McLeod
DATE: March 21, 2025
SUBJECT: Surface Water Fund — S 131St/Southgate Creek Drainage Improvements
Project No. 91641204
Dept. of Ecology Community Based Public Private Partnership (CBP3) Grant Award
ISSUE
Accept a Washington State Department of Ecology (DOE) Community Based Public Private
Partnership (CBP3) grant for S 131st St/Southgate Creek Drainage Improvements project in the amount
of $602,150.00
BACKGROUND
This project builds upon the S 131st St Drainage Improvement Project to address water quality,
flooding, and drainage concerns in Southgate Creek. Southgate Creek runs through and around a
commercial/light industrial business community that experiences and contributes to drainage issues. A
historic landslide upstream and intensive land use development have caused increased erosion and
sediment transport, impacting best management practices (BMPs) in the business community and
contributing to roadway flooding and stream degradation issues. The project team intends to work with
private partners to take a wholistic approach to address issues that contribute to flooding, water quality,
barriers to fish migration and habitat degradation in Southgate Creek.
DISCUSSION
In mid- 2024, City staff began attending the CBP3 Technical Assistance Sessions provided by the
Department of Ecology, Herrera Environmental Inc, and Environmental Incentives. These sessions
focused on exploring partnership and procurement options to more efficiently address stormwater
concerns throughout the State. In October 2024, the City applied to the CBP3 Planning Grant and was
notified that we received the full grant award early 2025.
This grant has two primary tasks.
Task 1 - CBP3 Planning: The team will develop a CBP3 toolkit consisting of planning documents which
will consider traditional and alternative contracting methods to solve flooding and water quality issues
and prioritize stormwater system improvements. Deliverables for this task include an engagement plan,
a draft Request for Proposals, and a draft contract. It will provide the City with resources for the
planning, funding, and construction of future stormwater treatment and flow control facilities.
Task 2 — Preliminary Engineering: The Team will engage a consultant to support outreach to relevant
landowners, conduct a land survey, and prepare a Critical Area report of stormwater drainage in
Southgate Creek, among other technical reports.
83
These planning tasks will inform the next phase of design and eventually construction to address water
quality and alleviate flooding, among other co -benefits.
FISCAL IMPACT
The City was awarded a $602,150 grant from the Department of Ecology for the Southgate Creek
CBP3 Planning project. There is no local city match.
Project Budget
DOE Grant Award $602,150.00
Total $602,150.00
RECOMMENDATION
Council is being asked to accept a Department of Ecology Community Based Public Private
Partnership (CBP3) research and planning grant, pending legal review, in the amount of $602,150 and
consider this item on the Consent Agenda at the April 7, 2025 Regular Council Meeting.
Attachments: Vicinity Map
2025-2030 CIP Page
84
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2025 to 2030
PROJECT: S 131st Pt Drainage Improvements
Project # 91641204
Project Manager Joshua Hop 1.1
Department Surface Water
Developing alternate horizontal alignment for Southgate Creek in conjunction with replacing a fish barrier
DESCRIPTION: culvert. Scope expanded in 2024 to increase hydraulic analysis limits to address persistent flooding not
addressed with the preliminary hydraulic design.
JUSTIFICATION:
Southgate Creek overtops its bank several times per year during storm events and runs through private
property.
Debris is deposited within a private driveway and storm system.
STATUS:
HPA permitted dredging is performed annually on the creek to remove excess sedimentation to reduce the
likelihood of flooding.
MAINTENANCE IMPACT:
Project will include 1-year contract maintenance and typically 2-to-4 years of plant establishment. Project
improvements will be turned over to surface water division for routine maintenance.
Project applied for Department of Ecology design development funding and Conservation Futures property
`'"i ii "il 1.
acquisition
grant to support
2025
the expanded
2026
hydraulic
2027
analysis.
2028
Assumes
2029
estimated
2030
2028 construction.
Beyond
'FINANCIAL (in thousands)
TOTAL
Project Costs
Project Mgmt (Staff Time/Cost)
$ 25
$ 25
$ -
$ 25
$ -
$ -
$ -
$ 75
Planning
$ 780
$ 600
$ -
$ -
$ -
$ -
$ -
$ 1,380
Land (R/W)
$ 1,000
$ 1,000
$ -
$ -
$ -
$ -
$ -
$ 2,000
Construction Mgmt.
$ -
$ -
$ -
$ 400
$ -
$ -
$ -
$ 400
Construction
$ -
$ -
$ -
$ 2,000
$ -
$ -
$ -
$ 2,000
Total Project Costs
$ 1,805
$ 1,625
$ -
$ 2,425
$ -
$ -
$ -
$ 5,855
Project Funding
Awarded Grant
$ 706
$ -
$ -
$ -
$ -
$ -
$ -
$ 706
Proposed Grant
$ 1,105
$ 1,625
$ -
$ 1,600
$ -
$ -
$ -
$ 4,330
Utility Revenues
$ 205
$ -
$ -
$ 825
$ -
$ -
$ -
$ 1,030
(Total Project Funding
$ 2,016
$ 1,625
$ -
$ 2,425
$ -
$ -
$ -
$ 6,066
Return to CIP TOC
85
ib
City of Tukwila
Thomas McLeod, Mayor
Public Works Department - Pete Mayer, Interim Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure
FROM: Pete Mayer, Interim Public Works Director
BY: Shawn Christie, Fleet & Facilities Manager
Garron Herdt, Fleet Superintendent
CC: Mayor McLeod
DATE: March 21, 2025
SUBJECT: Resolution to Surplus & Sell qty 2 2017 Ford Police Interceptors
ISSUE
Approve Resolution to surplus two (2) 2017 Ford Police Interceptor Utility SUVs no longer needed by the
City and authorize the sale to Skagit Valley College under the authority granted with RCW 35A.11.010.
ANALYSIS
Both police patrol vehicles have served the City for 8 years surpassing their planned 5-year life cycle and
both have been replaced under the regular budgeted annual Fleet Replacement Program.
Skagit Valley College was established in 1990. The SVC PRLEA is one of six accredited academies
nationwide that meets the Federal Law Enforcement Training Center's standards for commissioning of
seasonal Park Rangers for Level II entry law enforcement roles for the National Park Service (NPS) and
other federal agencies. In addition, the academy meets the entry-level law enforcement requirements for full-
time law enforcement positions with any Washington State law enforcement agency for one year from your
graduation date, as well as many other state, county, and city park agencies. Washington State's Criminal
Justice Training Commission, also, recognizes the academy training as satisfying the requirement for Law
Enforcement Reserve Officer status.
FISCAL IMPACT
Public auction venues of outfitted police vehicles require extensive fleet shop time to remove components
such as the lighting and all agency decals. Selling these vehicles to Skagit Valley College provides savings
for the City by eliminating the majority of the fleet decommissioning process
Both vehicles are fully depreciated and are currently valued at $9,000, established by analyzing past auction
revenue for similar vehicle make and model.
Revenue generated from the surplus process is returned to the 501 Fleet Equipment Rental fund which
originated the purchase.
RECOMMENDATION
Council is being asked to approve the Resolution declaring the 2 Police Interceptors, estimated
value at $9,000, as surplus and authorize their sale, and to consider this item on the Consent
Agenda for the April 7, 2025 Regular Council Meeting.
Attachments:
Draft Resolution, Exhibit A Surplus Equipment List, Exhibit B Surplus Equipment Photos
Fleet & Facility Services • 11210 Tukwila International Boulevard • Tukwila, WA 98168 • 206-431-0166
Tukwila City Hall • 6200 SouthcenterBoulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 87
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, DECLARING CERTAIN POLICE
VEHICLES SURPLUS, AND AUTHORIZING THEIR SALE OR
DISPOSAL.
WHEREAS, the City of Tukwila leased new Police Patrol vehicles as part of the
annual fleet replacement program replacing two 2017 Police Interceptors; and
WHEREAS, the two vehicles described and depicted on Exhibits A and B, have a
combined estimated salvage value of $9,000; and
WHEREAS, the vehicles described and depicted on Exhibits A and B have outlived
their usefulness and are no longer needed by the City of Tukwila's Fleet (Equipment
Rental) Department, the Police Department, or any other City Department; and
WHEREAS, the City of Tukwila has statutory authority to dispose of personal
property under RCW 39.33.010, provided such personal property is declared surplus to
the City's needs;
WHEREAS, the City of Tukwila may sell the vehicles to Skagit Valley College on such
terms and conditions that may be mutually agreed upon; and
WHEREAS, Skagit Valley College has authorized its staff to purchase Tukwila's two
Police Interceptors; and
WHEREAS, Skagit Valley College's administration has sent an intent to purchase
said vehicles;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Declaration of Surplus. The two 2017 Police Interceptor vehicles
described and depicted on the attached Exhibits A and B are hereby declared surplus.
Section 2. Mayor or Designee authorized to sell. The Mayor or designee, as
part of the City's replacement program, is hereby authorized to sell the two vehicles
described and depicted in the inventory list and photographs on Exhibits A and B,
2025 Fleet Surplus
Version: 03/19/2025
Staff. S. Christie
Page 1 of 2
88
respectively, to Skagit Valley College for the mutually agreed upon full value of
$9,000.00.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Exhibit A: 2025 Fleet Surplus List (Skagit Valley College)
Exhibit B: 2025 Fleet Surplus Equipment (Skagit Valley College) — Photographs
2025 Fleet Surplus
Version: 03/19/2025
Staff. S. Christie
Page 2 of 2
89
2025 FLEET SURPLUS (Skagit Valley College) - Exhibit A
Description
Color Serial Number/Vehicle License
Identification Number
Meter
EST. SALVAGE
VALUE
SURPLUS REVENUE
HOUSE YEAR
i
NO 2024
1765
PD SPEC OPS
PD010260
PD
2017
PATROL, FORD POLICE INTERCEPTOR
UTILITY SUV AWD
BLACK/
WHITE
1FM5K8AR6HGD93772
62570D
62,889
$4,500
SKAGIT
VALLEY
COLLEGE
2025
NO 2024
1766
PD PATROL
PD010220
PD
2017
PATROL, FORD POLICE INTERCEPTOR
UTILITY SUV AWD
BLACK/
WHITE
1FM5K8AROHGD93766
61493D
88,294
$4,500
SKAGIT
VALLEY
COLLEGE
2025
TOTAL
2
$9,000
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Public Works/ExhibitA 2025 Surplus Fleet
90
Pg 1 of 1 I 3/19/2025
2025 Fleet Surplus (Skagit Valley College) — Exhibit B
Unit 1765, 2017 FORD POLICE INTERCEPTOR UTILITY SUV
AWD, License 62570D, VIN 1FM5K8AR6HGD93772.
Odometer 62,889. Estimated value: $4,500.
Unit 1766, 2017 FORD POLICE INTERCEPTOR UTILITY SUV
AWD, License 61493D, VIN 1FM5K8AROHGD93766.
Odometer 88,294. Estimated value: $4,500.
91
92
TO:
FROM:
BY:
CC:
DATE:
SUBJECT:
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
Transportation and Infrastructure Committee
Pete Mayer, Interim Public Works Director
Cyndy Knighton, Senior Program Manager — Transportation
Thomas McLeod, Mayor
March 21, 2025
Resolution for Adoption of the Local Road Safety Plan
ISSUE
Approve a Resolution adopting the Local Road Safety Plan
BACKGROUND
Beginning in January 2024, staff began working on developing a new initiative - a Local Road Safety Plan. A Safe
Streets For All (SS4A) grant had been awarded to Tukwila in 2023 for the development of an LRSP. The consultant
team at Fehr & Peers was selected for this effort. The LRSP (attached) was developed along with the recent update
to the Transportation Element (TE) of the Comprehensive Plan (also done with support from Fehr & Peers), which
was just adopted in December 2024. The TE includes multiple goals and policies around providing a safe
transportation network for all users. A major implementation strategy to work toward achieving the City's safety goals
is adoption and implementation of the LRSP.
Guidance in developing the LRSP was also provided through the formation of a Task Force, which is a required
element of the LRSP. The Task Force members were made up of City staff from multiple departments, Puget Sound
Regional Fire Authority, Tukwila School District, and King County. The attached Informational Memorandum dated
March 22, 2024, that was presented to the TISC includes additional information on the Task Force's role and
membership.
DISCUSSION
The LRSP identifies needed safety improvements to Tukwila's transportation system and prioritizes the highest
needs. This roadmap supports the goal of eliminating serious injuries and fatalities on city streets. In addition to the
many safety policies included in the TE, the LRSP establishes a specific Vision Zero Goal:
Tukwila's goal is to eliminate all serious injury and fatal crashes by 2044 with a 50% reduction by 2034 and a
reevaluation of progress being made every 2-3 years.
The High Injury Network (HIN) map, shown on page 4 of the attached LRSP, shows where the highest levels of traffic -
related injuries and fatalities have occurred on city streets between 2018-2022. The map on the following page shows
the top 10 recommended projects for development and implementation in the near term. Some of these
recommended projects are in the current Capital Improvement Program (CIP). Future updates will identify new top
priority projects as well as report on progress made toward achieving the City's Vision Zero goal. These top priority
projects will be included in future CIPs for funding and implementation. The existing Neighborhood Traffic Calming
Program (NTCP) can also be used to address smaller spot locations needing safety and livability improvements within
residential areas.
FINANCIAL IMPACT
Adopting the LRSP does not have direct financial impacts, but implementation of the plan will. However, having an
adopted LRSP is a requirement for future grants through the Safe Streets For All (SS4A) grant, a newer federal
program, and is becoming a recommended, and potentially required, element for other grant sources the City typically
pursues.
RECOMMENDATION
The Council is being asked to approve the Resolution adopting the Local Road Safety Plan and consider this item at
the April 14, 2025 Committee of the Whole meeting, and subsequent April 21, 2025 Regular Meeting.
ATTACHMENTS
• Draft Resolution
• Local Road Safety Plan - Local Road Safety Plan Doc
• Informational Memorandum, Local Road Safety Plan Update, March 22, 2024
• Safe Streets and Roads for All Self -Certification Eligibility Worksheet
• LRSP Relationship to Planning and Financing Efforts
93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE 2025 LOCAL
ROAD SAFETY PLAN AND COMMITTING TO VISION ZERO
TRANSPORTATION SAFETY GOALS
WHEREAS, the City of Tukwila included safety goals and policies in the 2024
Transportation Element of the Comprehensive Plan update and identified the need for
city-wide safety improvements; and
WHEREAS, the City has developed a comprehensive Local Road Safety Plan (LRSP)
that uses crash data, community input, and equity considerations to identify and prioritize
locations with a history of crashes that led to fatalities or serious injuries and locations
with risk factors that indicate a higher probability of crashes that may lead to fatalities or
serious injuries; and
WHEREAS, the LRSP identifies actions intended to reduce the likelihood of serious
injury and fatality crashes at the priority locations through a safe systems approach; and
WHEREAS, actions include establishing safety emphasis corridors and a list of
countermeasures intended to potentially reduce the likelihood of serious injury and fatal
crashes; and
WHEREAS, actions include identification of projects that address vulnerable roadway
users (e.g., bicyclists, pedestrians, and motorcyclists), roadways where speed
reductions, lane modifications, and/or street lighting could help potentially reduce serious
injury and fatal crashes; and
WHEREAS, the City of Tukwila is committed to a goal to reduce serious injury and
fatal crashes with a vision to eventually have zero roadway serious injuries; and
WHEREAS, the preparation, adoption, and implementation of the LRSP followed by
periodic updates to the LRSP will help the City work towards its goal and vision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Adopting Local Road Safety Plan (LRSP)
Version 03/17/2025
C. Knighton
Page 1 of 2
94
Section 1. The 2025 Local Road Safety Plan (LRSP) attached as Exhibit A is hereby
adopted.
Section 2. The Mayor, or their designee, is authorized to prepare periodic updates
and modifications to the LRSP, including adjustments to the goal as needed to maintain
realistic progress toward the vision, subject to Council approval.
Section 3. The City of Tukwila's goal is to eliminate all serious injury and fatal crashes
by 2044, with a 50% reduction by 2034, and a reevaluation of the progress being made
every 2-3 years.
Section 4. Should any section, subsection, paragraph, sentence, clause or phrase
of the Local Road Safety Plan 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 or constitutionality of the
remaining portions of this resolution or its application to any other person or situation.
Section 5. This resolution shall take effect immediately upon passage by the City
Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Tosh Sharp, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Attachment: Exhibit A - Local Roads Safety Plan
Adopting Local Road Safety Plan (LRSP)
Version 03/17/2025
C. Knighton
Page 2 of 2
95
Reference Doc
City of Tukwila
Thomas McLeod, Mayor
Public Works Department - Hon. Ponnekanti, Director/City Engineer
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Services Committee
FROM: Hari Ponnekanti, Public Works Director
BY: Cyndy Knighton, Senior Program Manager — Transportation
CC: Thomas McLeod, Mayor
DATE: March 22, 2024
SUBJECT: Local Road Safety Plan Update
Project No. 82010405
Task Force
ISSUE
Update the Transportation and Infrastructure Services Committee on the background and current
work associated with the Local Road Safety Plan (LRSP) that is funded through a federal Safe
Streets and Roads for All (SS4A) grant.
BACKGROUND
In 2023, the City was awarded a $200,000 grant to develop an LRSP aimed at preventing fatal
and serious injury crashes for all modes. The grant requires the plan to accommodate all users
of the transportation system (Complete Streets) and be consistent, systematically fair, and
impartial of all individuals (Equity), as well as addressing underserved or disadvantaged
communities (Climate Justice). The LRSP will analyze collision trends and identify priority
locations for roadway safety on public roads using a systemic and data -driven approach. It will
develop planning -level projects, strategies, and timelines for deploying low-cost high -impact
countermeasures to address Tukwila's unique needs. Tukwila's development of this plan is being
done concurrent with the Transportation Element (TE) update, as many of the goals and policies
mirror those in a LRSP. Including the needs for safety improvements in the TE will also provide a
comprehensive understanding of all transportation needs throughout Tukwila.
DISCUSSION
One key component of the LRSP development is forming a local Task Force or similar body
charged with the oversite of the LRSP development, implementation, and monitoring of the action
plan. Staff are currently working to put together the task force, which can include various
stakeholders such as city staff, residents, businesses, partner agencies, and local officials. The
Task Force is anticipated to meet three times throughout the LRSP development and will continue
to meet likely once or twice per year thereafter for monitoring of the program's success and
recommending future priorities for budgeting. A smaller committee is generally preferred over a
larger one for ease of management. Membership can be rotated after the plan development to
minimize time commitments to the non -staff positions and to ensure a variety of voices are heard
during implementation and monitoring efforts.
FINANCIAL IMPACT
None.
RECOMMENDATION
Discussion Only.
ATTACHMENTS
Self -Certification Checklist.
96
SAS
Safe Streets and Roads for All
4 A Self -Certification Eligibility Worksheet
All applicants should follow the instructions in the NOFO to correctly apply for a grant. See the SS4A website for more
information.
Table 1 of the SS4A NOFO describes eight components of an Action Plan, which correspond to the questions in this
worksheet. Applicants should use this worksheet to determine whether their existing plan(s) contains the required
components to be considered an eligible Action Plan for SS4A.
This worksheet is required for all SS4A Implementation Grant applications and any Planning and Demonstration Grant
applications to conduct Supplemental Planning/Demonstration Activities only. Please complete the form in its
entirety, do not adjust the formatting or headings of the worksheet, and upload the completed PDF with your application.
Eligibility
An Action Plan is considered eligible for an SS4A application for an Implementation Grant or a Planning and
Demonstration Grant to conduct Supplemental Planning/Demonstration Activities if the following two conditions are met:
• You can answer "YES" to Questions 3, 7, and 9 in this worksheet; and
• You can answer "YES" to at least four of the six remaining Questions, 1, 2, 4, 5, 6, and 8.
If both conditions are not met, an applicant is still eligible to apply for a Planning and Demonstration Grant to fund the
creation of a new Action Plan or updates to an existing Action Plan to meet SS4A requirements.
Applicant Information
Lead Applicant: City of Tukwila UEI:
Action Plan Documents
In the table below, list the relevant Action Plan and any additional plans or documents that you reference in this form.
Please provide a hyperlink to any documents available online or indicate that the Action Plan or other documents will be
uploaded in Valid Eval as part of your application. Note that, to be considered an eligible Action Plan for SS4A, the plan(s)
coverage must be broader than just a corridor, neighborhood, or specific location.
Document Title
Link
Date of Most
Recent Update
Tukwila Local Road Safety Plan (LRSP)
97
U.S. Department of Transportation
SS4A Self -Certification Eligibility Worksheet I Page 1 of 5
Action Plan Components
For each question below, answer "YES" or "NO." If "YES," list the relevant plan(s) or supporting documentation that address
the condition and the specific page number(s) in each document that corroborates your response. This form provides
space to reference multiple plans, but please list only the most relevant document(s).
1. Leadership Commitment and Goal Setting
Are BOTH of the following true?
• A high-ranking official and/or governing body in the jurisdiction publicly committed to an
eventual goal of zero roadway fatalities and serious injuries; and
• The commitment includes either setting a target date to reach zero OR setting one or more
targets to achieve significant declines in roadway fatalities and serious injuries by a specific date.
Note: This may include a resolution, policy, ordinance, executive order, or other official announcement
from a high-ranking official and the official adoption of a plan that includes the commitment by a
legislative body.
If "YES," please list the relevant document(s) and page number(s) that corroborate your response.
Document Title Page Number(s)
Tukwila LRSP
9
n YES
n NO
2. Planning Structure
To develop the Action Plan, was a committee, task force, implementation group, or similar body
established and charged with the plan's development, implementation, and monitoring?
Note: This should include a description of the membership of the group and what role they play in the
development, implementation, and monitoring of the Action Plan.
If "YES," please list the relevant document(s) and page number(s) that corroborate your response.
Document Title Page Number(s)
Tukwila LRSP
23
E YES
NO
98
U.S. Department of Transportation
SS4A Self -Certification Eligibility Worksheet I Page 2 of 5
3. Safety Analysis
Does the Action Plan include ALL of the following?
• Analysis of existing conditions and historical trends to provide a baseline level of crashes
involving fatalities and serious injuries across ajurisdiction, locality, Tribe, or region;
• Analysis of the location where there are crashes, the severity, as well as contributing factors and
crash types;
• Analysis of systemic and specific safety needs, as needed (e.g., high -risk road features or specific
safety needs of relevant road users); and,
• A geospatial identification (geographic or locational data using maps) of higher risk locations.
Note: Availability and level of detail of safety data may vary greatly by location. The Fatality and Injury
Reporting System Tool (FIRST) provides county- and city -level data. When available, local data should
be used to supplement nationally available data sets.
If "YES," please list the relevant document(s) and page number(s) that corroborate your response.
Document Title Page Number(s)
Tukwila LRSP
24-34
n YES
n NO
4. Engagement and Collaboration
Did the Action Plan development include ALL of the following activities?
• Engagement with the public and relevant stakeholders, including the private sector and community YES
groups;
• Incorporation of information received from the engagement and collaboration into the plan; and
• Coordination that included inter- and intra-governmental cooperation and collaboration, as
appropriate.
Note: This should be a description of public meetings, participation in public and private events, and
proactive meetings with stakeholders.
If "YES," please list the relevant document(s) and page number(s) that corroborate your response.
Document Title Page Number(s)
Tukwila LRSP
20-24
IT NO
99
U.S. Department of Transportation
SS4A Self -Certification Eligibility Worksheet I Page 3 of 5
5. Equity Considerations
Did the Action Plan development include ALL of the following?
• Considerations of equity using inclusive and representative processes;
• The identification of underserved communities through data; and
• Equity analysis developed in collaboration with appropriate partners, including population
characteristics and initial equity impact assessments of proposed projects and strategies.
Note: This should include data that identifies underserved communities and/or reflects the impact of
crashes on underserved communities, prioritization criteria that consider equity, or a description of
meaningful engagement and collaboration with appropriate stakeholders.
If "YES," please list the relevant document(s) and page number(s) that corroborate your response.
Document Title Page Number(s)
Tukwila LRSP
17, 35-39
n YES
n NO
6. Policy and Process Changes
Are BOTH of the following true?
• The plan development included an assessment of current policies, plans, guidelines, and/or
standards to identify opportunities to improve how processes prioritize safety; and
• The plan discusses implementation through the adoption of revised or new policies, guidelines,
and/or standards.
Note: This may include existing and/or recommended Complete Streets policy, guidelines for
community engagement and collaboration, policy for prioritizing areas of greatest need, local laws
(e.g., speed limit), design guidelines, and other policies and processes that prioritize safety.
If "YES," please list the relevant document(s) and page number(s) that corroborate your response.
Document Title Page Number(s)
Tukwila LRSP
16-17, 40-49
n YES
• NO
100
U.S. Department of Transportation
SS4A Self -Certification Eligibility Worksheet I Page 4 of 5
7. Strategy and Project Selections
Does the plan identify a comprehensive set of projects and strategies to address the safety problems inn YES
the Action Plan, with information about time ranges when projects and strategies will be deployed, and
an explanation of project prioritization criteria? NO
Note: This should include one or more lists of community -wide multi -modal and multi -disciplinary
projects that respond to safety problems and reflect community input and a description of how your
community will prioritize projects in the future.
If "YES," please list the relevant document(s) and page number(s) that corroborate your response.
Document Title Page Number(s)
Tukwila LRSP
40-49, Appendix I
8. Progress and Transparency
Does the plan include BOTH of the following?
• A description of how progress will be measured over time that includes, at a minimum, outcome
data.
• The plan is posted publicly online.
Note: This should include a progress reporting structure and list of proposed metrics.
If "YES," please list the relevant document(s) and page number(s) that corroborate your response.
Document Title Page Number(s)
Tukwila LRSP
49
E YES
n NO
9. Action Plan Date
Was at least one of your plans finalized and/or last updated between 2019 and April 30, 2024?
Note: Updates may include major revisions, updates to the data used for analysis, status updates, or the
addition of supplemental planning documents, including but not limited to an Equity Plan, one or more
Road Safety Audits conducted in high -crash locations, or a Vulnerable Road User Plan.
If "YES," please list your most recent document(s), date of finalization, and page number(s) that
corroborate your response.
Document Title
Date of Most Page Number(s)
Recent Update
Tukwila LRSP
04/21/2025
n YES
n NO
101
SS4A Self -Certification Eligibility Worksheet I Page 5 of 5
U.S. Department of Transportation
Local Road Safety Plan
CITY OF TUKWILA I LOCAL ROAD SAFETY PLAN
Relationship to other planning and financial efforts.
Transportation Element
• Chapter in the Comprehensive Plan
• Plans for improvements to the
transportation net -work due to
growth, safety, and livability
• Sets goals, policies, and
implementation strategies
• Establishes Level of Service Standards
for the transportation network
• Includes safety and livability
Local Road Safety Plan
• Specifically designed to address safety
• Focused on reducing and eliminating
all crashes, with a focus on
serious injuries and fatalities
• New federal grant fund (SS4A)
associated for safety -specific projects
• May become a requirement for
other future grants (HSIP)
• Implementation strategy for the
Transportation Element
i
Capital Improvement Program
• Adopted by Council as part of the biennial budget
• Funds for two years, plans for six years
• Projects added from Transportation Element
• Ongoing and emergent major maintenance needs
• Will include LRSP projects with the next budget cycle
4
6 year Transportation
_ Improvement Program
• Requirement of State law to be adopted
by June 30th of each year
• Most grant sources require projects to
be included in the 6-year TIP
• Not used for Tukwila budgeting
• Based on the CIP and informs updates to the CIP
• Informs State and PSRC of future transportation needs
102