HomeMy WebLinkAboutCOW 2003-09-22 COMPLETE AGENDA PACKETCOMMITTEE OF THE WHOLE
Monday, September 22, 2003; 7 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. CITIZEN COMMENT/ At this time, you are invited to comment on items not included on
CORRESPONDENCE this agenda. To comment on an item listed on this agenda, please save
your comments until the issue is presented for discussion.
4. SPECIAL ISSUES a. VoiceStream proposed franchise
b. Public Works Trust Fund Loans
5. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURN TO SPECIAL MEETING
1. CALL TO ORDER
2. ROLL CALL
3. CONSENT AGENDA
4. ADJOURNMENT
Tukwila City Council Agenda
Steven M. Mullet, Mayor Councilmembers: Joe Duffie Dave Fenton
Rhonda Berry, Acting City Administrator Jim Haggerton Joan Hernandez
Pam Carter, Council President Pamela Linder Richard Simpson
SPECIAL MEETING
Ord #2029 Res #1532
a. Approval of Minutes: 9/15/03 (Regular Mtg.)
b. Approval of Vouchers.
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with
advance notice by calling the City Clerk's office 206-433-1800/TDD 206 248 -2933. This notice is available in alternate
formats for those with disabilities with advance notice and is also available at http: /www.ci.tukwila.wa.us.
Tukwila Council meetings are audio taped.
CAS Number: 03-119
Agenda Item Title:
I Original Sponsor:
I Timeline:
Sponsor's Summary:
Meeting Date
9/22/03
Meeting Date
1 9/22/03
03 -I I
Recommendations:
Sponsor:
Committee:
Administration:
I Cost Impact (if known):
I Fund Source (if known):
COUNCIL AGENDA SYNOPSIS
Meeting Date
9/22/03
I Original Agenda Date: September 22, 2003
VoiceStream Franchise Agreement
Council
VoiceStream PCS III Corporation is proposing to install wireless facilities within the City's
right -of -way and private properties. Wireless facilities will include antennas mounted on
utility poles with an average height of 35 feet from the ground. Installation of wireless
facilities in the City right -of -way requires a franchise agreement.
Present to Utilities Committee for discussion.
Forward to Committee of the Whole for further discussion and forward to Regular Council for
adoption of ordinance granting a three -year franchise.
Same as sponsor.
N/A
Initials
1 Prepared by 1 Mayor's review 1 Council review
I Fl 'ft 1. A.A 1 ..6":
Admin.
Action
1
Attachments
Information Memo dated September 4, 2003
Franchise Ordinance Packet
Utilities Committee Meeting Minutes September 16, 2003
Public Works
ITEM No.
To: Mayor Mullet
From: Public Works Director�t'S)
Date: September 4, 2003 UU
Subject: Franchise VoiceStream
ISSUE
INFORMATION MEMO
Should City grant VoiceStream PCS III Corporation a franchise to install, maintain, and
operate wireless facilities within the City's right -of -way?
BACKGROUND
VoiceStream Corporation is a subsidiary of T- Mobile USA, Inc. Based in Bellevue,
Washington, VoiceStream/T -Mobile is one of the fastest growing wireless service providers,
offering all digital voice, messaging, and high -speed wireless data services to more than
10 million residential and commercial customers nationwide.
DISCU
To support its wireless system, VoiceStream is proposing to install wireless facilities within the
City's right -of -way and private properties. Wireless facilities will consist of antennas placed
on top of new or existing structures such as utility poles. The average height above ground of
the antenna system is approximately 35 feet. The antenna system will have associated coax
cable running down the pole to a base transceiver station that would either be located in the
right -of -way or adjacent private property.
VoiceStream submitted a conditional use permit (CUP) to install and operate a wireless facility
located at 14403 51' Ave S. The facility consists of three panel antennas that will be attached
to a QWEST utility pole located in the right -of -way. The associated equipment cabinets and
power generation system will be located in private property. On August 28, 2003, the
Planning Commission approved the CUP.
Installation of wireless facilities in the City rights -of -way requires a franchise. In consultation
with the City Attorney's Office, Staff has completed a final draft Franchise Agreement
(Attachment 1) for Council consideration. The document incorporates provisions of the
recently adopted City of Tukwila Right -of -Way Use Code.
RECOMMENDATION
Forward to Utilities Committee, Committee of the Whole, and Council for franchise
approval /disapproval determination.
attachment: Draft Franchise Agreement
raft 110
CITY of Tukwila
Washington
Ordinance No.
Rev. Date: 09/10/03
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-
EXCLUSIVE FRANCHISE TO VOICESTREAM PCS HI CORPORATION, A SUBSIDIARY
OF T- MOBILE USA INCORPORATED, LEGALLY AUTHORIZED TO CONDUCT
BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF INSTALLING,
OPERATING, AND MAINTAINING A WIRELESS TELECOMMUNICATIONS SYSTEM IN
CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, VoiceStream PCS III Corporation, hereinafter referred to as VoiceStream" is a
wireless telecommunications company that among other things, provides advanced wireless voice and
data services to customers, including those in the Puget Sound Region; and
WHEREAS, VoiceStream's desired route through the City of Tukwila, herein referred to as
"City" requires the use of certain portions of City rights -of -way for the installation, operation, and
maintenance of a wireless system that includes antennas mounted on utility poles; and
WHEREAS, the City Council has determined that the use of portions of the City's rights -of-
way for installation of wireless system is appropriate from the standpoint of the benefits to be derived
by local business and the region as a result of such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way must be
restricted to allow for the construction of amenities necessary to serve the future needs of the citizens
of Tukwila and that the coordination, planning, and management of the City's rights -of -way is
necessary to ensure that the burden of costs for the operations of non municipal interests are not borne
by the citizenry; and
WHEREAS, the RCW authorizes the City to grant, and regulate nonexclusive franchises for
the use of public streets, right -of -ways, and other public property for transmission of communications;
and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Non exclusive Franchise Granted. The City hereby grants to VoiceStream, subject to the
conditions prescribed in this Ordinance "Franchise Agreement the franchise rights and authority to
construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for
a wireless telecommunications facility within the City-owned rights -of -way generally described in
Exhibit A, and hereinafter referred to as the "franchise area
Such Franchise shall not be deemed to be exclusive to VoiceStream and shall in no way prohibit or
limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to
which this Franchise has been granted to VoiceStream; provided, that such other franchises do not
unreasonably interfere with VoiceStream's exercise of franchise rights granted herein as determined by
the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or
prevent, the City from using the franchise area or affect the City's jurisdiction over such area in any
way.
Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the
authority to administer and enforce the terms and provisions of this Franchise Agreement and may
develop such rules, policies, and procedures as he or she deems necessary to carry out the provisions
contained herein.
Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect
for a period of three (3) years from the effective date of this Ordinance. This Franchise shall not take
effect and VoiceStream shall have no rights under this Franchise unless a written acceptance with the
City pursuant to Section 4 of this Agreement. If VoiceStream requests a Franchise renewal prior to
the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise for up
to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the
term of this Franchise, written notice of the extension shall be provided to VoiceStream prior to the
Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise and all the
terms and conditions shall be filed with the City Clerk within thirty (30) days of the effective date of
this Ordinance in the form attached hereto as Exhibit B. Failure on the part of VoiceStream to file said
consent within thirty (30) days of the effective date of this Ordinance shall void and nullify any and all
rights granted under this Franchise Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall be considered
mandatory and failure to abide by any conditions described herein shall be deemed as non compliance
with the terms of this Franchise Agreement and may result in some or all of the penalties specified in
Section 5.
A. Permit Required No construction, maintenance, or repairs (except for emergency
repairs) shall be undertaken in the franchise area without first obtaining appropriate permits
from the City of Tukwila, Department of Public Works. In case of an emergency, VoiceStream
shall within 24 hours of the emergency, obtain a permit from the City of Tukwila Department
of Public Works.
B. Coordination All capital construction projects performed by VoiceStream within the
franchise area shall be inspected by a City inspector. All work and inspection shall be
coordinated with the Engineering Division of the Public Works Department to ensure
consistency with City infrastructure, future Capital Improvement Projects, all developer
improvements, and pertinent codes and ordinances.
C. Construction Standards Any construction, installation, maintenance, and restoration
activities performed by or for VoiceStream within the franchise area shall be constructed and
located so as to produce the least amount of interference with the free passage of pedestrian and
vehicular traffic. All construction, installation, maintenance, and restoration activities shall be
conducted such that they conform to City's development guidelines and standards and comply
with Title 11 of the Tukwila Municipal Code.
D. Underground Installation Required All telecommunications cables and junction
boxes or other vaulted system components shall be installed underground unless otherwise
exempted from this requirement, in writing, by the Director of Public Works.
E. Relocation Within 90 days following written notice from the City, VoiceStream shall,
at its own expense, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the City has
determined that such removal, relocation, undergrounding, change or alteration is reasonably
necessary for the construction, repair, maintenance, installation, public safety, or operation of
any City or other public improvement in or upon the rights -of -way.
VoiceStream may, after receipt of written notice requesting a relocation of its facilities, submit
to the City written alternatives to such relocation. Such alternatives shall include the use and
operation of temporary transmitting facilities in adjacent rights of way. The City shall evaluate
such alternatives and advise VoiceStream in writing if one or more of the alternatives are
suitable to accommodate the work, which would otherwise necessitate relocation of the
facilities. If requested by the City, VoiceStream shall submit additional information to assist
the City in making such evaluation. The City shall give each alternative proposed by
VoiceStream full and fair consideration. In the event the City ultimately determines that there
is no other reasonable alternative, VoiceStream shall relocate its facilities as otherwise provided
in this Section. VoiceStream may seek reimbursement for relocation expenses if such
reimbursement is available pursuant to RCW 35.99.
F. Removal or Abandonment Upon the removal from service of any wireless service
antennas or other associated structures, facilities and amenities, VoiceStream shall comply with
all applicable standards and requirements prescribed by the City of Tukwila Public Works
Department for the removal or abandonment of said structures and facilities. No facility
constructed or owned by VoiceStream may be abandoned without the express written consent
of the City.
G. Bond Before undertaking any of the work, installation, improvements, construction,
repair, relocation, or maintenance authorized by this Franchise Agreement, VoiceStream shall
upon the request of the City, furnish a bond executed by VoiceStream and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
and approved by the City as sufficient to ensure performance of VoiceStream's obligations
under this Franchise Agreement. At VoiceStream's sole option, VoiceStream may provide
alternate security in the form of an assignment of funds or a letter of credit, in the same amount
as the bond. All forms of security shall be in the form reasonably acceptable to the City. The
bond shall be conditioned so that VoiceStream shall observe all the covenants, terms, and
conditions and shall faithfully perform all of the obligations of this Franchise Agreement, and
to repair or replace any defective work or materials discovered in the City's roads, streets, or
property.
H. "One Call" Location Liability VoiceStream shall subscribe to and maintain
membership in the regional "One- Call" utility location service and shall promptly locate all of
its lines upon request. The City shall not be liable for any damages to VoiceStream's system
components or for interruptions in service to VoiceStream customers which are a direct result
of work performed for any City project for which VoiceStream has failed to properly locate its
lines and facilities within the prescribed time limits and guidelines established by One -Call.
The City shall also not be liable for any damages to the VoiceStream system components or for
interruptions in service to VoiceStream customers resulting from work performed under a
permit issued by the City.
I. As Built Plans Required VoiceStream shall maintain accurate engineering plans and
details of all installations within the City limits and shall provide such information in both
paper form and electronic form using the most current Autocad version prior to close -out of any
permits issued by the City and any work undertaken by VoiceStream pursuant to this Franchise
Agreement. The. City shall determine the acceptability of any as -built submittals provided
under this section.
J. Recovery of Costs VoiceStream shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise Agreement or under
ordinances of the City. Where the City incurs costs and expenses for review or inspection of
activities undertaken through the authority granted in this Franchise Agreement or any
ordinances relating to the subject for which permit fees have not been established, VoiceStream
shall pay such reasonable costs and expenses directly to the City.
K. Vacation If, at any time, the City shall vacate any City road, right -of -way or other
City property which is subject to rights granted by this Franchise Agreement and said vacation
shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way
or other City property for the use of the City, in either its proprietary or governmental capacity,
then the City may, at its option and by giving thirty (30) days written notice to VoiceStream
terminate this Franchise Agreement with reference to such City road, right -of -way or other City
property so vacated, and the City shall not be liable for any damages or loss to VoiceStream by
reason of such termination other than those provided for in RCW 3.99.
Section 6. Franchise Compliance.
A. Franchise Violations The failure by VoiceStream to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City which
describes the violations of the franchise and requests remedial action within thirty (30) days of
receipt of such notice. If VoiceStream has not attained full compliance at the end of the thirty
(30) day period following receipt of the violation notification, the City may declare an
immediate termination of all franchise rights and privileges; provided that full compliance was
reasonably possible within that thirty (30) day period.
13. Emergency Actions If any of VoiceStream's actions, or any failure by VoiceStream
to act to correct a situation caused by VoiceStream, is deemed by the City to create a threat to
life or property, the City may order VoiceStream to immediately correct said threat or, at the
City's discretion, the City may undertake measures to correct said threat itself; provided that,
when possible, the City shall notify VoiceStream and give VoiceStream an opportunity to
correct said threat before undertaking such corrective measures. VoiceStream shall be liable for
all costs, expenses, and damages attributed to the correction of such an emergency situation as
undertaken by the City to the extent that such situation was caused by VoiceStream and shall
further be liable for all costs, expenses, and damages resulting to the City from such situation
and any reimbursement of such costs to the City shall be made within thirty (30) days of written
notice of the completion of such action or determination of damages by the City. The failure by
VoiceStream to take appropriate action to correct a situation caused by VoiceStream and
identified by the City as a threat to public or private safety or property shall be considered a
violation of franchise terms.
If during construction or maintenance of VoiceStream's facilities any damage occurs to an
underground facility and the damage results in the release of natural gas or other hazardous
substance or potentially endangers life, health, or property, VoiceStream or its contractor shall
immediately call 911 or other local emergency response number.
C. Other Remedies Nothing contained in this Franchise Agreement shall limit the City's
available remedies in the event of VoiceStream's failure to comply with the provisions of this
Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific
performance and/or damages.
D. Removal of System In the event that this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, VoiceStream shall at its sole
expense, promptly remove all system components and facilities, provided that, the City, at its
sole option, may allow VoiceStream to abandon its facilities in place.
Section 7. Insurance. VoiceStream shall maintain liability insurance written on a per occurrence basis
during the full term of this franchise for personal injuries and property damages. The policy shall
contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code.
Such insurance shall specifically name as additional insured, the City, its officers, and employees, shall
apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to
contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified
or canceled during the life of the permit or Franchise Agreement without giving thirty (30) days written
notice to the City. Notice shall be by certified mail, return receipt requested to the City.
If the City determines that circumstances warrant an increase in insurance coverage and liability limits
to adequately cover the risks of the City, the City may require additional insurance to be acquired. The
City shall provide written notice should the City exercise its right to require additional insurance.
Section 8. Other Permits Approvals. Nothing in this Agreement shall relieve VoiceStream from
any obligation to obtain approvals or necessary permits from applicable federal, state, and City
authorities for all activities in the franchise area.
Section 9. Transfer of Ownership. The rights, privileges, benefits, title, or interest provided by this
franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written
consent of the City, with such consent not being unreasonably withheld or delayed. No such consent
shall be required, however, for a transfer in trust, by other hypothecation, or by assignment or any
rights, title, or interest in VoiceStream's wireless system in order to secure indebtedness. Approval
shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage
shall not include the assets of this franchise, or if such transfer is from VoiceStream to another person
or entity controlling, controlled by, or under common control with VoiceStream.
In any transfer of this franchise which requires the approval of the City, VoiceStream shall show that
the recipient of such transfer has the technical ability, financial capability, and any other legal or
general qualifications as reasonably determined by the City to be necessary to ensure that the
obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the
City. The qualifications of any transferee shall be determined by hearing before the City Council and
the approval to such transfer shall be granted by Resolution of the City Council. Any administrative
costs associated with a transfer of this franchise which requires the approval of the City, shall be
reimbursed to the City within thirty (30) days of such transfer.
Section 10. Administrative Fees. Pursuant to the Revised Code of Washington (RCW), the City is
precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except
that fees may be collected for administrative expenses related to such franchise. VoiceStream does
hereby warrant that its operations as authorized under this franchise are those of a telephone business
as defined in RCW 82.04.065.
VoiceStream shall be subject to a $5,000 administrative fee for reimbursement of costs associated with
the preparation, processing, and approval of this Franchise Agreement. These costs shall include but
not be limited to wages, benefits, overhead expenses, equipment, and supplies associated with such
tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper
management and oversight of City's right -of -way. Administrative fees exclude normal permit fees as
stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is
due 30 days after franchise approval.
In the event VoiceStream submits a request for work beyond scope of original franchise, or submits a
complex project that requires significant comprehensive plan review, or inspection, VoiceStream shall
reimburse City for franchise amendment and expenses associated with the project. VoiceStream shall
pay such costs within thirty (30) days of receipt of bill from the City.
Failure by VoiceStream to make full payment of bills within the time specified shall be considered
sufficient grounds for the termination of all rights and privileges existing under this Ordinance utilizing
the procedures specified in Section 4A of this Ordinance.
Section 11. Notices. Any notice to be served upon the City or shall be delivered to the following
addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
VoiceStream PCS III Corporation
Attn: Legal Department
12920 SE 38 Street
Bellevue, WA 98006
With copy to:
VoiceStream PCS III Corporation
Attn: Lease Administrator
19807 N. Creek Parkway North
Bothell, WA 98011
Section 12. Claims for Damages. VoiceStream shall use reasonable and appropriate precautions to
avoid damage to persons or property in the construction, installation, repair, operation, and
maintenance of its structures and facilities. VoiceStream shall indemnify and hold the City harmless
from all claims, actions or damages, including reasonable attomey's and expert witness fees, which
may accrue to or be suffered by any person or persons, corporation or property to the extent caused in
part or in whole by any negligent act or omission of VoiceStream, its officers, agents, servants or
employees, carried on in the furtherance of the rights, benefits, and privileges granted to VoiceStream
by this Franchise. In the event any claim or demand is presented to or filed with the City which gives
rise to VoiceStream's obligation pursuant to this Section, the City shall within a reasonable time notify
VoiceStream thereof and VoiceStream shall have a right, at its election, to settle or compromise such
claim or demand. In the event any claim or action is commenced in which the City is named a party,
and which suit or action is based on a claim or demand which gives rise to VoiceStream's obligation
pursuant to this Section, the City shall promptly notify VoiceStream thereof, and VoiceStream shall, at
its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of
such suit or action, VoiceStream may, at its election and at its sole cost and expense, settle or
compromise such suit or action. This section shall not be construed to require VoiceStream to: (i)
protect and save the City harmless from any claims, actions, or damages; (ii) settle or compromise any
claim, demand, suit, or action; (iii) appear in or defend any suit or action; or, (iv) pay any judgment or
reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim
arises out of the negligence or intentional acts of the City, its employees, agents or independent
contractors. To the extent of any concurrent negligence between VoiceStream and the City,
VoiceStream's obligations under this paragraph shall only extend to its share of negligence or fault.
The City shall have the right at all times to participate through its own attorney in any suit or action
which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise
when the City determines that such participation is required to protect the interests of the City or the
public. Such participation by the City shall be at the City's sole cost and expense.
Section 13. Severability. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, the City may, at its sole option, deem
the entire Ordinance to be affected and thereby nullified, However, in the event that a determination is
made that a section, sentence, clause, or phrase in this Ordinance is invalid or unconstitutional, the City
may elect to treat the portion declared invalid or unconstitutional as severable and enforce the
remaining provisions of this Ordinance; provided that, if the City elects to enforce the remaining
provisions of the Ordinance, VoiceStream shall have the option to terminate the Franchise Agreement.
Section 14. Indemnification. Except to the extent that any claims, liability, loss, cost, judgments, or
damages are due to the negligence or intentional acts of the City, its employees, agent or independent
contractors, VoiceStream agrees and covenants to indemnify, defend and hold harmless the City, its
officers, employees, agents, and representatives from and against any and all claims, liability, loss,
cost, judgments, damages, whether to persons or property, or expense of any type or nature, including
reasonable attorney's fees and expert witness fees, to the extent it arises from any negligent act or
omission or willful misconduct of VoiceStream, its successors and assigns arising from or connected to
VoiceStream work under this Franchise, provided however, that in case any suit or action is instituted
against the City by reason of any such damage or injury, City shall: (i) cause written notice thereof to
be given unto VoiceStream; and (ii) provide all reasonably requested assistance in defense or
settlement of such claim at VoiceStream's expense; and (iii) retain the right to control the defense or
settlement of such claims.
Section 15. Reservation of Rights. The parties agree that this Agreement is intended to satisfy the
requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances.
Accordingly, any provision of this Agreement or any local ordinance which may conflict with or
violate the Law shall be invalid and unenforceable, whether occurring before or after the execution of
this Agreement, it being the intention of the parties to preserve their respective rights and remedies
under the law, and that the execution of this Agreement does not constitute a waiver of any rights or
obligations by either party under the law.
Section 16. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to
exercise its police powers. VoiceStream shall not by this Franchise Agreement obtain any vested rights
to use any portion of the City right of way except for the locations approved by the City and then only
subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the
permits issued thereunder shall be governed by applicable City ordinances in effect at the time of
application for such permits.
Section 17. Future Rules, Regulations, and Specifications. VoiceStream acknowledges that the City
may develop rules, regulations, and specifications, including a general ordinance or other regulations
governing telecommunications operations in the City. Such regulations, upon written notice to
VoiceStream, shall thereafter govern VoiceStream's activities hereunder; provided, however, that in no
event shall regulations (i) materially interfere with or adversely affect VoiceStream's rights pursuant to
and in accordance with this Franchise Agreement; or (ii) be applied in a discriminatory manner as it
pertains to VoiceStream and other similar user of such facilities.
Section 18. Effective Date. This Ordinance shall take effect and be in full force and effect five (5)
days after publication of the attached summary which is hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of September, 2003.
ATTEST /AUTHENTICATED:
BY:
CITY Clerk
APPROVED AS TO FORM:
Office of the CITY Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
C: F rank\2003\Franchise \VoiceStream
ra
Mayor
EXHIBIT A
FRANCHISE AGREEMENT
VOICESTREAM PCS, INCORPORATED
Project Description: VoiceStream plans to install wireless facilities within the City
right -of -way (ROW). Installations will generally consist of antennas placed on top of
new or existing structures (i.e. utility poles) in the ROW. Average height above ground
of the antennas is approximately 30 -120 feet. The antennas will have associated coax
running down the pole to a base transceiver station (BTS). The BTS will be placed either
in the ROW or on adjacent property to the ROW. Each installation will require power
and telephone or microwave connectivity. Individual installations will vary depending on
location and specific engineering criteria.
VoiceStream wireless facilities are designed to be the least visually obtrusive design
while meeting the coverage objectives and compliance with all applicable codes. The
sites will be unmanned and will not require water, waste treatment or management of
hazardous waste. Minimal traffic would be generated during the construction phase while
the crew is traveling to and from the site. Existing access and parking will be utilized; no
vehicular access to the equipment area is necessary after completion of construction.
After construction is completed, there would be approximately one visit per month by a
field engineer for routine maintenance.
Facilities Location and Standards: VoiceStream wireless facilities will initially be
located in the vicinity of S 144th and 51 Avenue S. The need for new sites is dictated
by market demand, capacity, coverage requirements for a particular geographic area, and
the radio frequency hand -off from one site to another in order to achieve seamless
communications coverage. The selection and design of a specific PCS site is further
refined by considering local topographic and geographic factors, tree canopy, buildings,
mountains, water bodies, the ability to mitigate the antenna support structure's visual
impact, compatibility of the facility with existing land uses, and space availability.
Because PCS signals must travel in an unobstructed path from the facility to the user, the
presence of any one or all of these factors can negatively influence the quality of
transmission and reception. The height and location of each VoiceStream site is based
upon the ability of the site to effectively function despite those obstacles. In addition,
Federal Aviation Administration requirements regulate the height of an antenna support
structure near or on major airport facilities.
In the event VoiceStream decides to construct new wireless facilities, VoiceStream shall
submit plans and obtain permits as required by Title 11 of the Tukwila Municipal Code.
City reserves the right to approve siting, construction standards, and specifications of the
new wireless facilities.
Date:
City Of Tukwila
City Clerks Office
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Ordinance Adopted
Dear Ms Cantu,
Sincerely,
Signature
Printed Name Title
EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
VOICESTREAM PCS, INCORPORATED
In accordance with and as required by Section of City of Tukwila Ordinance
passed by the City Council and approved by the Mayor on (the
"Ordinance VoiceStream PCS III Corporation. hereby accepts the terms, conditions
and obligations to be complied with or performed by it under the Ordinance.
Utilities Committee
September 16, 2003
Present: Pam Linder, Joan Hernandez, Dave Fenton
Jim Morrow, Gail Labanara, Pat Brodin, Frank Iriarte, Lucy Lauterbach; Keri
Stockstead
1. Puget Sound Access Update Keri updated the committee on the six South King County
cities that joined together to build a public access studio. Comcast owed the cities funds that
were pooled together to build a state of the art public access station. It is one block off of West
Valley and S.228` at 22412 72nd Ave in Kent. A non profit company will be formed to shield
cities from liability from wild first amendment TV appearances. There are 7 camcorders that can
be checked out, and there are also three bays for camera work. The studio is opening part time
October 1, and programming can be seen from 5 pm —5 am. Regular program hours and the
studio being open 24 hours a day 7 days a week will begin November 1 Information.
2. VoiceStream Franchise The City's first wireless high -speed data transmission company,
VoiceStream, wants a franchise to install a wireless system here. The wireless system will offer
digital voice, messaging, and data services. Typically, such a company would add an antenna to
existing poles or put up their own pole, and run wire down it to a box, which could be located in
the right of way or on private property. Cities cannot tax franchises, though Tukwila's right of
way ordinance allows the City to collect the cost of setting up this franchise. Jim said the height
of the antenna will not be above the 35' pole near the Bonsai Company on S. 144 and 51 The
franchise will be for three. The years rather than the ten years they wanted. This change is due to
the rapid changes in the telecommunication field City may need to deal with what happens if a
company does go out of business with equipment in the City's rights of way. The committee
asked that this issue be brought back to a future meeting. Jim M talked of something other cities
have done, which is to require a special laminate pole for new wireless poles. These special
poles have notches to string the wire down the pole, which is not possible on exiting poles. This
issue will also be brought back to another meeting. Forward franchise agreement to COW.
3. Minkler Shoos Room Acceptance The shops needed a special space at the shops to put in a
traffic signal repair room, as the City now takes care of all the city's traffic signals. There was
one change order for roof repair and electric changes required by the L &I inspector. The project
is now complete, and ready to be accepted. Recommend oroiect acceptance and release of
retainage to consent agenda.
es V Committee chair approval
Original Sponsor:
I Timeline:
Sponsor's Summary:
ITEM INFORMATION
CAS Number: 03-120 I Original Agenda Date: September 22, 2003
Agenda Item Title: Public Works Trust Fund Loans
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if known):
Fund Source (if known):
Meeting Date
9/22/03
Council
Meeting Date
9/22/03
Meeting Date
9/22/03
COUNCIL AGENDA SYNOPSIS
Prepared by
BS
Initials
1 Mayor's review 1 Council review
I I
1
Admin. Public Works
Public Works Trust Fund (PWTF) Loan applications for the Allentown Phase II/Foster Point
Sewer and Cascade View Drainage Projects were recommended to the 2004 Legislature for
approval. Funding becomes available when the Governor signs the bill, which is anticipated to
occur in April 2004.
Information.
Forward to Committee of the Whole.
Same as Sponsor.
City matching funds are Sewer $300,000 Surface Water $464,000, remainder over 20 yrs.
See above
RECORD OF COUNCIL ACTION`
Action
APPENDICES'
Attachments
Information Memo dated September 15, 2003
Two Letters from the Washington State Public Works Board
Utilities Committee Meeting Minutes from September3, 2003
ITEMNO.
b.
To: Mayor Mullet
From: Public Works Director,�rr
Date: September 15, 2003 ��J tt
Subject: Public Works Trust Fund Loans
ISSUE
INFORMATION MEMO
Information regarding Public Works Trust Fund Loans received by the City for Allentown
Phase II/Foster Point Sewer and Water Project and the Cascade View Drainage Project.
BACKGROUND
The City received notification that the loan applications submitted for the Allentown
Phase II /Foster Point and Cascade View Projects will be recommended to the 2004
Legislature for approval. Funding becomes available when the Governor signs the bill
approved by the Legislature, which is anticipated to occur in April 2004.
ANALYSIS
Following is the financing for the respective projects:
Allentown Phase II /Foster Point Sewer Project
PWTF Loan Construction $5,700,000
City Sewer Water Fund 300.000
Total Project Cost $6.000.000
Cascade View Drainage Proiect
CDBG Grant Design 305,000
PWTF Loan Design 100,000
PWTF Loan Construction 4,200,000
City Surface Water Fund 464.000
Total Project Cost $5.069.000
RECOMMENDATION
Information only.
p:/brian/pwtf 2004 info memo
August 20, 2003
MR. JAMES MORROW
CITY OF TUKWILA
6300 SOUTHCENTER BLVD STE 100
TUKWILA, WA 98188
Dear MR. MORROW:
Sincerely,
John LaRocque
Executive Director
JL:cag
Enclosure
Washington State
Public Works Board
Post Office Box 48319
Olympia, Washington 98504 -8319
Regarding: 2004 Public Works Trust Fund Construction Loan Application for
NEIGHBORHOOD REVITALIZATION
Administrative services provided by the Department of Community, Trade and Economic Development
(360) 725 -5000 Fax (360) 664 -3029 Web site: www.pwb.wa.gov
I am pleased to inform you that your application for a 2004 PWTF Construction loan for the
project cited above is included among the projects the Public Works Board (Board) will
recommend to the 2004 Legislature for financing.
The loan list will be submitted to the Legislature on or before November 1, 2003. Approval of
the list usually occurs late in the legislative session and must be signed by the Governor before
the Board can execute contracts. ISAAC HUANG, your Client Service Representative, will
contact you with more information as the list works its way through the process.
If you have any questions, please contact your Client Service Representative at (360) 725 -5009
or by e-mail at: Isaac.Huang@pwb.wa.gov. Additional information can be found at our website:
www.owb.wa.eov. We look forward to working with you on this project.
Also, please find enclosed an information and registration packet regarding the Infrastructure
Assistance Coordinating Council (IACC) 2003 Conference to be held on October 28 -30, 2003, in
Wenatchee, Washington. The Conference will include technical assistance, planning and
financial experts, software information, federal and state program overviews, and training
sessions. We hope you can join us.
G uG c c ♦V
Pro �c:S� G,
(L
7 k ou
C e r( 304 000.
August 20, 2003
MR. JAMES MORROW
CITY OF TUKWILA
6300 SOUTHCENTER VOULEVARD, SUITE 100
TUKWILA, WA 98188 -2544
Regarding: 2004 Public Works Trust Fund Construction Loan Application for CASCADE VIEW
DRAINAGE IMPROVEMENTS
Dear MR. MORROW:
1 am pleased to inform you that your application for a 2004 PWTF Construction loan for the
project cited above is included among the projects the Public Works Board (Board) will
recommend to the 2004 Legislature for financing.
The loan list will be submitted to the Legislature on or before November 1, 2003. Approval of
the list usually occurs late in the legislative session and must be signed by the Governor before
the Board can execute contracts. ISAAC HUANG, your Client Service Representative, will
contact you with more information as the list works its way through the process.
If you have any questions, please contact your Client Service Representative at (360) 725 -5009
or by e-mail at: Isaac.Huang @pwb.wa.gov. Additional information can be found at our website:
www.owb.wa.cov. We look forward to working with you on this project.
Also, please find enclosed an information and registration packet regarding the Infrastructure
Assistance Coordinating Council (IACC) 2003 Conference to be held on October 28 -30, 2003, in
Wenatchee, Washington. The Conference will include technical assistance, planning and
financial experts, software information, federal and state program overviews, and training
sessions. We hope you can join us.
Sincerely,
John LaRocque
Executive Director
JL:cag
Enclosure
Washington State
Public Works Board
Post Office Box 48319
Olympia, Washington 98504 -8319
Administrative services provided by the Department of Community, Trade and Economic Development
(360) 725-5000 Fax (360) 664-3029
CWa
0 ki
COO 6
it
1"
t; ,h 6 er'se.
Web site: www.pwb.wa.gov
6 06 060
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42e-
Utilities Committee
September 3, 2003
Present: Joan Hernandez, Dave Fenton, Richard Simpson
Jim Morrow, Brian Shelton, Gail Labanara, Mick Cusick, Lucy Lauterbach
1. Lift Station 12 Generator The lift station on the southeast corner of the Mall is in need of
upgrades. Mike got a $32,000 bid for two generators from the State bid list. Thinking he could
improve that, he put out a bid himself and got two bids. The lower bid was from NC Power
Systems for $29,800 plus tax. Joan asked if the supplier and equipment were both reputable and
acceptable, and was told they were. After this purchase is made, Mike will ask for bids for new
pumps, plus electric wiring and equipment. Once all the equipment is ready, the project will be
put out to bid for installation. This project is in both the CIP and budget for this year.
Information.
2. Public Works Trust Fund (PWTFI Loans Staff had gotten permission from Council to
apply for two PWTF Loans. They have received tentative approval of both their loan requests.
The first loan of $5.7 million plus $300,000 of sewer funds will be enough to put sewers, water
and sidewalks into the rest of Allentown and Foster Point. Another loan of $4.2 million and
$464,000 of surface water funding will be used to improve the surface water problems in
Cascade View. Both of these will become 2004 projects when the formal award of the loans is
made. The committee wanted to be sure the City had enough funds in the enterprise funds to
support these two projects. Refer funding and loan renavment schedules to Council for
information.
Committee approval