HomeMy WebLinkAboutRes 0743 - Transmitter / Antenna on Right-of-Way at I-5 / I-405 InterchangeWHEREAS, the Port of Seattle has secured permission to erect
a transmitter /antenna on State right -of -way property at the I -5 and 405
interchange for the purpose of transmitting airport traveler's information,
and
COUNCIL ACTION
M TYPE O I DATE I A GEND A I ACTION
CITY O F TUKWIL► I
WHEREAS, the most feasible method of powering the transmitter/
antenna is through the utilization of electrical power from an adjacent
street light owned by the City of Tukwila, and
WHEREAS, the Port of Seattle has agreed to reimburse the City
for the cost of the electrical power used by the transmitter /antenna.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO RESOLVE AS FOLLOWS:
The City Council of the City of Tukwila hereby authorizes
the Mayor to execute such an agreement with the Port of
Seattle. A copy of said agreement is attached hereto for
reference.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
th
at a regular meeting thereof this day of
Appr For
Deputy City Att9Key, Carl J. Carlson
WASHINGTON
RESOLUTION NO. 743
A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON,
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH THE PORT OF SEATTLE FOR PROVISION OF ELEC-
TRICAL POWER TO BE USED IN TRANSMITTING TRAVELER'S
INFORMATION FROM A TRANSMITTER /ANTENNA TO BE LO-
CATED AT THE JUNCTION OF I -5 AND 405.
ATTEST:
;71 Aid_J-a
layor
4-Le i ai
erk
1980.
facility.
A G R E E M E N T
THIS AGREEMENT made and entered into this (2 ,2_5 of
/9:///2,r,�z 1980 between the PORT OF SEATTLE, a municipal
0
corporation "Port and the CITY OF TUKWILA, a municipal corporation
"City
WITNESSETH THAT:
WHEREAS, the Port plans to locate a "Travelers' Information
Station" radio facility at the confluence of I -405, I -5, and SR -518 near
Tukwila, Washington; and
WHEREAS, the information the facility will provide regarding
airport access routes, parking availability, road conditions, and similar
matters will be of benefit to the citizens of Tukwila as well as the general
public; and
WHEREAS, the City is able to provide electrical power for the
NOW, THEREFORE, the Port and the City agree as follows:
1. Responsibilities of the Port:
a. Upon receipt of a license from the Federal Communications
Commission, the Port will install, operate, and maintain a
"Travelers' Information Station" radio facility as described
in the narrative description, Maps #1 and #2 and Drawing #1
which constitutes Appendix "A" to this Agreement.
b. The Port shall save harmless and indemnify the City and
its officers, agents, representatives, and employees from
all claims, loss, damage, actions, causes of action, expense
and /or liability resulting from, brought for, or on account
of any personal injury (including death) or property damage
received or sustained by any person, persons, or property
growing out of, occurring, or attributable to the operations
and maintenance of the Travelers' Information Station for
which Port of Seattle has been granted electrical power
from the City of Tukwila, resulting in whole or in part from
the negligent acts or omissions of the Port of Seattle, any
subcontractor, or any employee, agent or representative of
the Port of Seattle.
2. Responsibilities of the City:
Upon installation of the above referenced Travelers' Infor-
mation Station, the City shall provide, at an annualized cost
of $90.00 per year to be payable on or before December 31 of
each year, approximately 100 watts of power on a continuous
basis (24 hours a day, 7 days a week) for the purpose of
powering the Travelers' Information Station.
3, This agreement shall be and continue in full force and effect
and binding upon the two parties hereto upon execution of
thisagreement. Either party may terminate this Agreement
on sixty (60) days written notice to the other.
IN WITNESS WHEREOF, this Agreement has been executed by each of
the parties hereto on the date affixed by the signatures of their respect-
ive officials.
City of Tukwila
4. No waiver by either party of any term or condition of this
Agreement shall be deemed or construed as a waiver of any
other term or condition, nor shall a waiver of any breach
be deemed to constitute a waiver of any subsequent breach
whether of the same or a different provision of this Agree-
ment. No waiver shall be effective unless made in writing.
5. The parties hereto reserve the right to make amendments or
modifications to this Agreement as may be mutually accept-
able to them from time to time. Any amendments or modifi-
cations shall be in writing and shall be approved by both
parties pursuant to applicable laws and procedures.
6. This Agreement shall be governed by, subject to, and con-
strued according to the Constitution and the Laws of the
State of Washington.
7. This Agreement merges and supersedes all prior negotiations,
representations, and agreements between the Port and the
City relating to the Traveler's Information Station and con-
stitutes the entire contract between the parties.
Port `of Seattl e/i rport Manager