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HomeMy WebLinkAboutReg 2005-09-06 COMPLETE AGENDA PACKET __---,L-,,,A,,,;,. Tukwila City Council Agenda REGULAR MEETING 4 i01 !it ;Ave 10 1 ii 0 Y e� Steven M. Mullet, Mayor Councilmembers: Joe Duffie Joan Hernandez t Rhonda Berry, City Administrator Pam Carter Jim Haggerton 1 _,,7908 Pamela Linder, Council President Dennis Robertson Dave Fenton Tuesday (Monday is a Holiday) Ord #2099 September 6, 2005; 7 :00 PM Res #1586 1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE/ ROLL CALL 2. SPECIAL Oath of office administered to PRESENTATIONS Alan Baalaer Tukwila Police Department 3. PROCLAMATIONS/ Proclamation designating the week of September 5 -9 as APPOINTMENTS National Payroll Week 4. CITIZEN At this time, you are invited to comment on items not included COMMENT on this agenda. To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT AGENDA Approval of Vouchers. 6. UNFINISHED a. Proposed ordinance creating TMC Section 8.21, BUSINESS "Gambling Offenses," and adopting by reference sections of the Revised Code of Washington regarding s misdemeanor gambling offenses. b. Proposed resolution adopting policies related to debt, the Financial Planning Model and policies of a general financial nature. 7 NEW BUSINESS a. A motion authorizing the City to apply for Community Development Block Grant funds for Tukwila /SeaTac Minor Home Repair Program. b. Proposed ordinance granting a non exclusive franchise to Clearwire Communications. 8. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerks Office: 206 433- 18001TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. /'i'��if i� +i• i +�����`C�.',iii' *i• i�� °��C� ��i''�o' ii• i� {i iii�i�, +ii +Q a /ii: \'\°1;:;:;.. .4 th; ;Vr,. ,i1ted .4��;::;;.. :0,0'/ .'\��P: "U I I e 0 I 4 I i .i- i t ..u• I I r i s I r. I ■1 I I. 1 I l,, s li•..\, ..;;.i II j, •r i .,�����..il %•r' /i'' p i \��..i %%I •r•i:' \i���..i %�rr'i Y \i��.. i r'•'i' \i i� /ii%�r,'i �.s. 11l% ,1 \11 /,r .,1,\1\.\../ It 1 \1I../ If 1 111.. I/ 1 1 III I0 0 1 /..I, /i O \,11 I•I I \1 /,III /i' O ,1 �1\• .1111 %�l:' '�l, I/ 1� ---:::::,-!v i.I ..w ....4, Office of the Mayor Q{- tf City of Tukwila, Washington I „-.,:,.i..., I th F tom ;1 ,9p$ PROCLAMATIO 111` WHEREAS, the American Payroll Association and its 21,000 members have launched a nationwide public awareness campaign that pays tribute to the more than 140 million people who work in the United States and the payroll professionals who support the American system by paying wages, reporting p pp Y Y p Y� g es g� p g :7,:t:,..-;"k worker earnings and withholding federal employment taxes; and c6d'e WHEREAS, payroll professionals in Tukwila, Washington play a key role in maintaining the economic health of Tukwila, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and \-.7.-,-,- WHEREAS, payroll departments collectively spend more than $15 billion annually complying with myriad federal and state wage and tax laws; and WHEREAS, payroll professionals play an increasingly important role ==:1 ensuring the economic security of American families by helping to identify non- custodial parents and making sure they comply with their child support mandates; and WHEREAS, payroll professionals have become increasingly proactive in o educating both the business community and the public at large about the payroll tax withholding systems; and WHEREAS, payroll professionals meet regularly with federal and state tax t officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses; a and cf WHEREAS, the week of September 5 -9 2005 has been proclaimed National y Payroll Week; NOW, THEREFORE, I Mayor Steven Mullet, do hereby call upon all citizens i of Tukwila to join the American Payroll Association in support of 0600 National Payroll Week f Signed this I i day of L.) 2005. 1 Steven M. Mullet, Mayor of Tukwila •r i i', i ii` S,, i4� i'i' i�,:. i'i'i•., i`� i`;` Y 'l:Ii�/ii�;.'.`�CCi''11�! !.:i�o /f /ii; ;�11�`,a��yi`) ��'r• ;diii '•:I /ii��" ;;4C+�1 ;''��r COUNCIL AGENDA SYTVOFSIS d h 0. Luttals ITEMNO. AP Meetzt Date I Prepared by 1 Mayor's review Council review 1 09/06/05 Bb for PB t r f I CAS NUMBER: 05-117 !ORIGINAL AGENDA DATE. 08 -22-05 AGENDA ITEM TITLE Proposed ordinance adopting gambling offenses, by reference, from the Revised Code of Washington (RCW). CATEGORY Dtscusszon Motion IKesolutton Ordinance BZdAward PublicHearzng Other Mtg Date 08 -22 -05 Mtg Date Mtg Date Mtg Date 09 -06 -05 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S The proposed ordinance adopts by reference, certain sections of the RCW, relative to SUMMARY misdemeanor gambling offenses. Such offenses are currently prosecuted by King County. If the proposed ordinance is adopted, such offenses will be prosecuted in the Tukwila Municipal Court. Endorsed by representatives of the Washington State Gambling Commission, the proposed ordinance was reviewed, with no amendments, at the 08 -22 -05 COW meeting. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. 08 -22 -05 COW; 08 -15 -05 F S Cmte. RECOMMENDATIONS: SPONSOR/ADMIN Move adoption of the proposed ordinance as presented. CommurEE Same as sponsor. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MPG. DATE 1 RECORD_'OF COUNCIL ACTION 08 -22 -05 I COW: Item discussed. Consensus existed to forward the item to the Regular meeting I On 09- 06 -05. TG. DATE ATTACHMENTS 09 -06 -05 I Proposed Ordinance Final Format. I I I i I I i I 1 ~:f..'I'I..\.LA.......!...lY" ,v~".. ..--,." "'. >If.'" ." "10 ~. ifly T, ~1 S'f-{\{T Q~ ~:i\ ".' d~ ~\I! ". ,. <J1 'q,<P~' .\....~ \ ... ." ..' ,fI t908 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CREATING TMC SECTION 8.21, "GAMBLING OFFENSES," AND ADOPTING BY REFERENCE CERTAIN SECTIONS OF THE REVISED CODE OF W ASfIINGTON RELATIVE TO MISDEMEANOR GAMBLING OFFENSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. and WHEREAS, there are a number of gambling establislunents within the Tukwila city limits; WHEREAS, in the interest of the public health, safety and welfare, the City Council of the City of Tukwila desires to aqopt by reference certain gambling offenses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Gambling Offenses Adopted. TMC Section 8.21, "Gambling Offenses," is hereby created, to read as follows: The following statutes of the State of Washington, as presently constituted or hereinafter amended, are adopted by reference: RCW 9 46.010 RCW 946 0201 RCW 9 46.0205 RCW 9 46.0209 RCW 9 46 0213 RCW 9 46.0217 RCW 9.46.0221 RCW 9 46.0225 RCW 9 46.0229 RCW 946.0233 RCW 9 46.0237 RCW 9.46.0241 RCW 946.0245 RCW 946.0249 RCW 9 46.0253 RCW 9 46.0257 RCW 9 46.0261 RCW 9 46.0265 RCW 9 46.0269 RCW 9 46.0273 RCW 9 46.0277 RCW 9 46.0282 RCW 9 46.0285 RCW 946.0289 RCW 9 46.190 RCW946.193 Legislative declaration. " Amusement game.!' "Bingo." "Bona fide charitable or nonprofit organization." "Bookmaking." "Commercial stimulant." " Commission." "Contest of chance." "Fishing derby" "Fund raising event." "Gambling." "Gambling device." "Gambling information." "Gambling premises." "Gambling record." "Lottery " "Member," "bona fide member" "Player" "Professional gambling." "Punch boards," "pull-tabs." "Raffle." "Social card game." "Thing of value." "Whoever," "person." Violations relating to fraud or deceit. Cities and towns - Ordinance adopting certain sections of chapter - Jurisdiction of courts. Gambling Offenses PB:bjw 8/17/05 1 RCW 9 46.195 RCW 9 46.196 RCW 9 46.1962 RCW946.198 RCW 946.210 RCW 946.215 RCW 9 46.217 RCW 946.222 RCW 9 46.231 RCW 9 46.235 RCW 9.46.240 RCW 9 46.250 RCW 9 46.260 Obstruction of public servant - Penalty Cheating - Defined. Cheating in the second degree. Working in gambling activity without license as violation - Penalty Enforcement - Commission as a law enforcement agency Ownership or interest in gambling device - Penalty - Exceptions. Gambling records - Penalty - Exceptions. Professional gambling in the third degree. Gambling devices, real and personal property - Seizure and forfeiture. Slot machines, antique - Defenses concerning - Presumption created. Gambling infonnation, transmitting or receiving. Gambling property or premises - Common nuisances, abatement - Tennination of interests, licenses - Enforcement. Proof of possession as evidence of knowledge of its character Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, or should any portion of this Ordinance be pre.empted by state or federal law or regulation, such invalidity, unconstitutionality or pre-emption shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law PASSED BY TIlE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of . 2005. A TIEST I AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE ClTY CLERK. PASSED BY TIlE CITY COUNCIL. PUBLISHED' EFFECTIVE DATE. ORDINANCE NO Gambling Offenses PB:bjw 8/17/05 2 COUNCIL AGENDA SYNOPSIS vqs,, ITEMIVO. I .y nttals 10 Meeting Date 1 Prepared by Mayor's review Council review <I i o 09/06/05 I KAF erti 1908_ 1 1 1 ITEM INFORMATION CAS NUMBER. 05-118 I ORIGINAL AGENDA DATE: SEPTEMBER 6, 2005 AGENDA I l'EM TITLE Adoption of Financial Policies CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mtg Date Mtg Date Mtg Date 09/06/05 Mtg Date Mtg Date Mtg Date Mlltg Data SPONSOR Council Mayor Adni Svcs DCD Finance Firs Legal P &R Police PD' SPONSOR'S Attached for review are the revised draft financial policies related to debt, the Financial SUMMARY Planning Model, and policies of a general financial nature. In addition, a resolution has been constructed to formally adopt the policies. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: August 22, 2005 (COW) RECOMMENDATIONS: SPONSOR /ADMIN. Forward to the City Council for final review and adoption. COly IL rEE Same. COS T IMPACT /FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED S0 So $0 Fund Source: N/A Comments: None MTG. DATE, I RECORD OF ACTION 08/22/05 1 COW recommendation to forward to the City Council for final review and adoption MTG. DATE I ATTACHMENTS 09/06/05 Cover Memo from Finance Director Revised Draft Financial Policies Committee of the Whole meeting minutes from August 22, 2005 Proposed Resolution to adopt the policies To: City Council From: ,1() .~ Kevin A. Fuhrer, Finance Director ~ Date: August 31, 2005 Subj ect: Financial Policies As a follow up to the August 22, 2005 Committee of the Whole meeting, I have incorporated the proposed change to the financial policies. More specifically, Policy DP-5 has been changed to read, "Assessment Debt (LID) shall be considered as an alternative to General Debt." For the sake of providing quick reference, the change to this policy statement is denoted through underline and strikeout. I look forward to reviewing the policies with you on Tuesday, September 6. CITY OF TUKWILA Debt Policies The Debt Policies can be segregated into three areas: Legal Debt lilTIlts, PractIcal or Fiscal limits and General Debt policies. A. Legal Debt Limit - The Revised Code of Washington (RCW 39.36) establishes the legal debt limits for cities. Specifically, this RCW provIdes that debt cannot be incurred in excess of the following percentages of the value of the taxable property of the City: 1.5% without a vote ofthe people; 2.5% with a vote ofthe people; 5.0% with a vote ofthe people, provided the indebtedness in excess of 2.5% is for utIlities; and 7.5% with a vote of the people, provided the indebtedness in excess of 5.0% is for parks or open space development. A sample schedule for the current 12 year penod IS attached to demonstrate the impact certain projections would have on debt capacity lImitatIOns. Policy DP-1 - Prior to issuing any long-term bonds, the Administration must provIde an impact analysis over the life of the new bonds. Bond issues must be approved by the City Council. B. Practical or Fiscal Limitations - More important than the legal limitations is the practical or fiscal limitations, i.e. ability to repay borrowed funds. Policy DP-2 - Long-term debt cannot be issued pnor to reviewing the impact on the Six Year Planning Model and its polIcy guidelines. The impact of other potential bond issues shall be considered. Policy DP-3 - Fiscal Policy for large developments. To be determined. C. General Debt Policies Policy DP-4 - The City will be cognizant of the criteria used by rating agencies to maintarn the highest possible bond rating. Policy DP-5 - Assessment Debt (LID) shall be considered as an alternativeis preferred _to General debtDebt. Policy DP-6 - Debt issuance will conform to IRS regulations and aVOId arbitrage consequences. CITY OF TUKWILA Financial Planning Model Policies The Six-Year Financial Planning Model and Capital Improvement Program is the primary financial policy document. It represents the culminatIOn of all financIal policies. Revenues Policy FP-1 - Revenues will be estimated on a conservative baSIS. Increases greater than inflation in Attachment A, Total Revenues and Expenditures, will require additional documentation. Policy FP-2 -Major revenue sources will require explanation in Attachment A-I, Notes to Revenues. Operations & Maintenance Expenditures Policy FP-3 - ExpendItures for the General Fund operatIOns (Attachment B, General Fund Operations & Maintenance Expenditures) will only mclude basic inflationary increases at the beginning of the budget preparation process. Proposed increases in programs or personnel will require an Issues and options paper and Council approval before being added to the operations & maintenance expenditures estimate. Capital Expenditures Policy FP-4 - Project capital grants with local matching requirements can only be applied for with express approval by the CIty Council. Grant applicatIOns shall be made only for projects listed in the six-year Capital Improvement Program. Policy FP-5 - If the proposed grants or mitigation are eIther not funded or are reduced, the respective project will be re-evaluated on the basis of its value and priority level placement in the Capital Improvement Program. Policy FP-6 - The financing of limited benefit capital improvements (i.e. private development) should be borne by the primary beneficiaries of the improvement. The principle underlying limited benefit IS that the property IS peculiarly benefited and therefore the owners do not in fact pay anything in excess of what they receive by reason of such improvement. Fund Balances Policy FP-7 - The General Fund will mamtain a designated $1,100,000 "Rainy Day Fund" balance that is not included in Attachment A, Total Revenues & Expenditures, of the Six -Year Plannmg Model. Furthennore, III order to assure a mmimum cash flow scenano the Accumulated Totals wIthin the Six-Year Plannmg Model may not recede below $3,000,000 m Attachment A, Total Revenues & Expenditures. PolIcy FP-8 - If compliance with Policy FP-7 is at risk; the Administration will provide a list of revenue options, service level/program reductions or capItal project deferrals for City Council consideration. Enterprise Funds Policy FP-9 - Each Enterprise Fund will be reviewed annually and it must have a rate structure adequate to meet its operations & maintenance and long-term capital requirements. Policy FP-l 0 - Rate increases should be small, applied rrequently, and staggered to avoid an overly burdensome increase and undue impact in any given year. PolIcy FP-ll - Rate increases of external agencies (i.e. King County secondary wastewater treatment fees) will be passed through to the users of the utility. CITY OF TUKWILA Other General Financial Policies Policy GF-l- The City's various user charges and fees will be reviewed at least every three years for proposed adjustments based on services provIded and comparisons with other jurisdictions. Policv GF-2 - The Finance Director will provide a fmancial status update at least quarterly. PolIcy GF-3 - Budget amendments during the year will be approved by budget motion until the end ofthe budget year, when a formal comprehensive budget amendment is submitted. Policy GF-4 - Interfund loans will be permissible if practical. Interest rates will be computed based on the annual average of the State Investment Pool earnmgs rate. Policy GF 5 - The CIty shall, whenever practIcal and advantageous, take advantage of grants, loans, or other external financmg sources. With the exception ofcapltal improvement program grants requirIng a local match, staff shall report to and seek the approval of the appropriate council committee before finalizing the grant. Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 CITY OF TUKWILA Projected Debt Capacity 2003-2015 AV Non-Voted Debt x 1.5% $50,760 51,780 52,810 53,865 57,945 60,270 62,670 65,175 67,785 70,485 73,320 76,305 79,305 Net Remaining Capacity $24,401 26,615 28,906 31,274 36,729 30,486 34,788 39,295 44,007 49,057 54,242 59,477 64,927 *Growth rate up to 3.591 at 2%. AddItional $.200 in 2007 then 4% growth rate thru 2015 ** An additional $10,000,000 is borrowed for Tukwila Terrific Gateway. (Billion Actual) $3.384 3.452 3.521 3.591 3.863* 4.018 4.178 4.345 4.519 4.699 4.888 5.087 5.287 Debt Outstanding $26,359 25,165 23,904 22,591 21,216 29,784** 27,882 25,880 23,778 21,428 19,078 16,828 14,378 EXCERPTED MINUTES TUKWILA CITY COUNCIL August 22, 2005 TUKWILA CITY HALL - COUNCIL CHAMBERS COMMTITEE OF WHOLE MEffiNG SPECIAL ISSUES: c. Proposed Financial Policies Council member Dennis Robertson reported review of the draft proposed financial policies on more than one occasion by the Finance and Safety Committee meeting At their August 15, 2005 meeting, the Committee agreed the policies are in "good shape" and should be forwarded to this meeting for review by the full Council As Chair of the Finance and Safety Committee, Mr Robertson is hopeful the policies are adopted/approved by the end of 2005 (while he is still Chair) Kevin Fuhrer, Finance Director, reported the proposed polices are, for the most part, "things the City currently does or practices," which should be put in writing Although not required by the Washington State Auditor, the proposed policies were called a "good, internal control feature" As each proposed policy was reviewed, Councilmembers voiced opinion and/or offered proposed edits. Mr Fuhrer stood ready to respond to Council inquiries as well Of particular interest to the Council were the following ~ Changing verbiage in a policy related to Local Improvement Districts (preferred vs shall be considered), ~ Maintaining $1 1 million in "rainy day" funds, and $3 million surplus dollars in the general budget each year; in the event it is impossible, administration must provide revenue options, including service level/program reductions, capital project deferrals and/or staff reductions. It should be noted the $1 1 million is NOT included in the "Attachment A" prepared each year in conjunction with the budget; ~ Reporting a financial status update (by the Finance Director to Council) each quarter; ~ Recording of the adopted financial policies in the CIP, the annual budget, and within a resolution Mr. Fuhrer noted proposed changes where necessary and will present the final draft financial policies to the Council (at their request) at the September 6, 2005 Regular meeting. I, Robert H Baker, Deputy City Clerk, for the City of Tukwila, hereby certify the above to be a true and correct excerpt of the City Council Committee of Whole meeting minutes from Monday, August 22, 2005 DATED this :2/\ 0U day of ALLer- ,2005 'P:fdJ.t' I- r( i}(' k 6 ' tJ. j/L.-~.I b, f Ll ) J,-- -d Robert H Baker, CivlC Deputy City Cierk CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 (206) 433-1800 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING POLICIES RELATED TO DEBT, THE FINANCIAL PLANNING MODEL, AND POLICIES OF A 9ENERAL FINANCIAL NATURE. WHEREAS, the City Council and Mayor are committed to high standards of financial management; and WHEREAS, adopting and periodically updating and revising financial policies are important steps towards assuring consistent and rational financial management; and WHEREAS, policies related to debt, the Financial Planning Model, and policies of a general financial nature are essential components of an overall financial management policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOL YES AS FOLLOWS: Section 1. The financial policies related to debt, the Financial Planning Model, and policies of a general financial nature, as evidenced in Attachment A, are adopted. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2005 Pamela Linder, Council President A TrEST/AUTHENTICATED' Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM. By: Office of the City Attorney Filed with the City Clerk: Passed by the City Council. Resolution Number Financial policies KF:bjs 8/31/05 COUNCIL AGF ,ATDA SYNOPS3PS Initials ITEM NO. 0 f I MeettngDate Prepared by Mayor's review Council review 10 1 09/06/05 EB 1909_, c 1 1 ITEM INFORMATION I CAS NUMBER: 05-120 i ORIGINAL AGENDA DATE. 09-06-05 AGENDA ITEM TITLE Motion authorizing application for Community Development Block Grant Funds for Tukwila/SeaTac Minor Home Repair Program. CATEGORY E] Discussion 0 Motion 0 Resolution 0 Ordinance 0 Bid Award 0 Public Heanitg 0 Other Mtg Date MtsDate 09-06-05 Mt Date AftgDate Mtg Date Mtg Date MigDate I SPONSOR 0 Council 0 Mayor 0 Adm Svcs DCD 0 Finance 0 Fn-e 0 Legal 0 P&R 0 Police 0 PW SPONSOR'S In order to submit an application for (2006) Community Development Grant funds, the SUMMARY Council must grant authorization. The proposed program will implement a jointly- managed Tukwila/SeaTac Minor Home Repair Program, whereby Tukwila will serve as the fiscal agent The City of Tukwila will request $18,000.00 and the City of SeaTac will request $22,000.00 for a total of $40,000.00. REVIEWED BY [1] COW Mtg. CA&P Cmte F&S Cmte El Transportation Cmte 0 Utilities Cmte Arts Comm. n Parks Comm. 11 Planning Comm. DATE: 08-22-05 RECOMMENDATIONS: SPONSOR/ADMIN Make a motion authorizing application for grant funds. COMMITTEE Same as sponsor. COST IMPACT 1 FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $40,000.00 Fund Source: Comments. To be reimbursed by King County I MTG. DATE RECORD OF COUNCIL ACTION I MTG.- DATE 1 ATTACHMENTS 09-06-05 Memorandum from E. Boykan to Mayor Mullet Title page 2006 CDBG Application Estimated (2006) CDBG Funds Available (Consortium only Joint Cities not included) 1 INFORi"IATION MEMO To: From: Mayor Mullete? Evie Boykan'bt) Subject: Proposed Community Development Block Grant Project for 2006 ISSUE Under the new interlocal agreement between the City of Tukwila and King County, we may apply to the south sub-regional pot of funds for the year 2006. The Minor Home Repair program IS the only capital project that we are initiating. Major home repair will continue to be available as funds are taken off the top of the King County Consortium's allocation. BACKGROUND As a reminder, under this new interlocal agreement, we lio longer receive a pass-through amount, but need to competitively apply for eligible projects. In coordination with the City of SeaTac staff, who also runs a minor home repair program like ours, we decided to submit a joint application. Small projects are being discouraged, as such, it made sense to submit ajoint application. The application came out the first week in August and is due to King County tomorrow, August 22. Due to timing issues the County will accept Council authorizations post submission of the application. DISCUSSIONI ANAL YSIS/AL TERNATlVES Committee needs to review and pass on to the entire Council. I have looked carefully at actual expenditures for 2004 and 2005 and am estimating that $18,000 will cover our needs annually. SeaTac is requesting $22,000. The majority of the homeowners receiving this service have incomes that are below 30% of median income, or $16,350 for a household size of 1. The program fills a substantiated need as evidenced by client feedback in 2004. RECOlVIMENDATION Recommend authorization of application. . PART I GENERAL INFORMATION - Title Page 'I Assigned Project No C06 HUD Matrix Code " Eligibility Citation 570 Consolidated Plan Strategy #. 2A 2006 COBG Application Assigned Application No Amount of Funding Request. S40,000 National Objective Citation 208 570.202 o North/East Sub-Region x So Sub-Region 0 Consortium 1 j 1\ 1. Applicant Agency Name City of Tukwila 2. Title of Proposed Project Tukwila/SeaTac Minor Home Repair Program 3. Project Site Street Address Sites are individual homeowners within City of Tukwila and and City of SeaTac limits \ Provide boundaries of service delivei)' area. (Natural boundaries, or site streets, roads, etc). List Census Trad(s) and Block Group(s)and number of residents in Service Delivery Area Block Total Low/Mod Group(s) , Population Population all 17,181 9,859 all 25,496 13,353 Area Total 42,677 23,212 Ctmsus Tract(s) 262,263,271,272,273,281,282 284,288,289,281,273 % Low Mod 57% 52% -. * If you serve the entire Consortium, indicate "Consortium-wide" in Census Tract box. 5. Proposed Use of COBG Funds (Summarize in one or two sentences how CDBG funds will be used) Funds will be used to provide minor home repairs to eligible SeaTac and Tukwila resident homeowners. 6. CDBG Funds Requested: In-Kind Match: Other Fund Sources Total Project Cost: $22,000 (SeaTac); 18,000 (Tukwila) $ $ $40,000 7. Can your project be funded at a reduced level if necessary? _x_ yes _ no. If yes, what amount of CDBG funding will be needed at the reduced level? Any amount available. Describe how the project will be implemented at this reducecUunding level. On a first-come, first-served basis, residents will receive minor home repairs until funds are depleted. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMATION INCLUDED IN THIS APPLICATION HAS BEEN CAREFULLY EXAMINED. APPLICANT UNDERSTANDS AND AGREES TO COMPLY WITH THE POLICIES, RULES AND REGULATIONS REFERENCED IN THE APPLICATION IF FUNDING IS AWARDED. .IT IS FURTHER UNDERSTOOD THAT INFORMATION PRESENTED IN THIS APPLICATION WILL BECOME A PART OF ANY SUBSEQUENT FUNDING CONTRACT. Applicant Contact Information: X Authorized Signature of Applicant Print or Type Contact Name and Title Print or type Name and Title E-mail Address Phone and Fax # Standard Application and Guidelines 2006 Page 13 of 13 Aug. 2005 Estimated 2006 CDBG Funds Available (Consortium Only, Joint Cities not included) EntItlement Program Income Total $4,533,724 $ 784,268 $5,317,992 Total Entitlement and Program Income $5,317,992 Less: - Admin Set-aside I -$1,264,381 * Note not all of this is subject to P&A Cap - 5% Housing Stability Set-aside -$ 265,900 - 25% Housing Repair Program -$1,329,498 - Section 108 Greenbridge Loan Repayment -$ 160,000 -Public Services $ 531,800 Balance: Plus Recapture: Total available for Sub-Regional Projects: $1,766,413 + 218,540 $ 1,984,953 Total Funds Available for NE Sub-Region RFPs (43%): Total Funds Available for South Sub-Region RFPs (57%): N/E Sub-Region . Housing Development 30% Of the 30% -- 85% to ARCH = 15% to HFP = · All Other $217,650 $38,409 South Sub-Region . Available for South $ 853.559. $ 1,131,423' 2006 $256,059 $597,471 2006 $1,131,423 I As noted ill the CDBG Consortium Overhaul Options provided to the IRC Apnl 1, 2005 VerSlOn 1 '`•'S'S Initials ITEMND, COUNCIL AGENDA SYNOPSIS �tP'\ it NI 1 G7 I le etzng Date Prepared by tllal rz:aety rosined review 1 Q@ +B/ .....:.:0 =--I I 09/06/05 I Bb for Fa I I L� J a Y l rsoa 1 1 1 1 1 1 1 ITEM INFORMATION CAS NUMBER. 05-119 I ORIGINAL AGENDA DATE: 08-22-05 AGENDA ITEM TITLE Proposed ordinance granting a non exclusive franchise to Clearwire Corporation, for installing,, operating, and maintaining a wireless telecommunications system in certain public rights -of -way. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Altg Date Mtg Date Mtg Date 09 -06 -05 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police Pt1 I SPONSOR'S Clearwire is a new wireless Internet carrier based in Kirkland, WA. The company is SUMMARY building a very extensive, high quality network to provide fast, affordable wireless broadband internet service to residential and commercial customers throughout the Puget Sound region. Clearwire proposes to install wireless facilities (in the City's right -of -way) consisting of panel antennas and microwave panels on utility poles. Such installation requires a franchise agreement. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utihttes Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 08 -22 -05 COW; 08 -16 -05 Utilities Cmte. RECOMMENDATIONS: SPONSOR /ADMIN. Move adoption of the proposed ordinance as presented. C0MMrl Same as sponsor. I C OST IMPACT 1, FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 08 -22 -05 COW /SPECIAL MEETINGS: UNANIMOUS MOTION CARRIED TO STRIKE THE ITEM FROM THE COW SPECIAL MEETING AGENDAS. 09 -06 -05 MTG. DATE ATTACHMENTS 09 -06 -05 MEMORANDUM TO MAYOR MULLET FROM STAFF DATED AUGUST 9, 2005 UTILITIES COMMITTEE MEETING MINUTES DATED AUGUST 16, 2005 1 PROPOSED ORDINANCE FINAL FORMAT 1 INFORMATION MEMO To: From: Date: Subject: Mayor Mullet '}){l/ ~bliC Works Director l August 9, 2005 Franchise - Clear"ire Communications ISSUE Should City grant Clearwire Communications a franchise to install, maintain, and operate wireless facilities within the City's right-of-way? BACKGROUND Clearwire is a new wireless internet carrier that is based out of Kirkland, Washington. The telecommunications company is building a very extensive, high quality network that will provide fast, affordable wireless broadband internet service to residential and commercial customers throughout the Puget Sound area. DISCUSSION To support its wireless system, Clearwire is proposing to install wireless facilities within the City's right-of-way. Wireless facilities will consist of panel antennas and microwave panels secured on new or existing structures such as utility poles. The height above ground of the utility pole and antenna/microwave system is approximately 54 feet. The antenna system will have associated coax cable running down the pole to an equipment cabinet that would be installed in the right-of-way adjacent to the utility pole. 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 fmal draft Franchise Agreement (Attachment 1) for Council consideration. The document incorporates provisions of the recently adopted City of Tukwila Right-of-Way Use Code. Council's review and deliberation of Clearwire's request is only to determine whether the franchise should be granted. The granting of a franchise to Clearwire does not guarantee them a "right" to place any facility in the City's right-of-way. Nor does it guarantee them any specific location for their facilities. Clearwire must submit for a right-of-way permit to place an antenna on a utility pole. Until that permit is approved, Clearwire will not be allowed to work in the City's right-of-way. Furthermore, future requests for additional wireless facilities will require submission of permits. RECOMMENDATION Forward to Utilities Committee, Committee of the Whole, and Council for franchise approval/disapproval determination. attachment: Draft Franchise Agreement >k Utilities Committee August 16, 200S Present: Dave Fenton, Chair; Joan Hernandez, Jim Haggerton Jim Morrow, Frank Inarte, Pat Brodm, Gall Labanara, Lucy Lauterbach, Bnan Wade, 'Walter Waid- Clearwire 1. Clearwire Communications Franchise A2reement Dave introduced the tOpIC by welcoming Brian and Walter, and saying high speed internet service providers like them were very welcome m Tukwila. Clearwire is bmldmg a network of broadband wIreless connectIOns from Everett to Tacoma. They are currently working wIth 70 jurisdictIOns to achIeve coverage in the region. They have asked to put wIreless facIlitIes in the CIty'S rights of way The company is interested in property near the reserv6ir at the top of sih Avenue m Tukwila. Antenna on utilIty poles will be approximately S4 feet hIgh. Xoax cable would then run from the antenna to a cabinet on the ground. The Clearwater representatives likened the coverage of their system to a cell phone company. They said it would be especIally useful for sales and for delIvery companies. A person would need a modem to use the system at the start, though In three years they anticipate mOVIng to issuing a card to subscribing users who then wouldn't need a modem. Joan asked if the facilIties would affect residents. Jim M said the antenna emIt mIcrowaves that have been found by the FCC to be safe. Jim H asked If it would mterfere with our video system, and was told It would not. The franchIse will run for three years. Recommend franchise agreement to COW and SpeciallVleetin2 AU2ust 23rd. 2. Federal Telecommunications Bill A bill that was defeated last year has agam been mtroduced in the U.S. Senate thIS year. If enacted, it would have dire consequences on control of our own nghts of way, franchise agreements, and could require the CIty to let private mdustry control our signal interconnects, for example. Jim H noted there is already plenty of competltIOn In our right of way, and we don't need federal interference in that. GIving total control of our right of way to a private company would be bad for the City. The Senate is working on a total re- wnte of the Federal TelecommunicatIOns Act, and if passed thIs bill would be part of the Act. Awe has sent out an alert on the issue. Information; lobby against the bill. 3. Second Quarter Reports The Commitfee members questIOned Jim M on the status ofthe Allentown sewers. He replied they will hear sometime thIs month about whether they got the Public Works Trust Fund loan needed to do the work. Cascade View work IS proceedmg on schedule. The first phase is SO% complete, and the neighborhood is cooperatmg. Reports approved. /~ /~~ <~../ I . [ 4 Committee chair approval Minutes by L. Lauterbach City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO CLEARWIRE CORPORATION, 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, Clearwire LLC, a Nevada limited liability company, hereinafter referred to as "Clearwire," 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, Clearwire's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a 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 systems 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 Revised Code of Washington (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, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non-exclusive Franchise Granted. A. The City hereby grants to Clearwire, 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 teleconununications facility within the City-owned rights-of-way generally described in Exhibit A, and hereinafter referred to as the "franchise area" B Such Franchise shall not be deemed to be exclusive to Clearwire 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 Clearwire; provided, that such other franchises do not unreasonably interfere with Clearwire's exercise of franchise rights Clearwire franchise 8-05 FI:bjs 1 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 necessarv 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 years from the effective date of this ordinance. This Franchise shall not take effect and Clearwire shall have no rights under this Franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If Clearwire 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 Clearwire 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 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of Clearwire to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. 1. Permit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, Clearwire shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Department of Public Works. 2. Coordination. All capital construction projects performed by Clearwire within the franchise area shall be inspected by a City inspector All work and inspection shall be coordinated ",,rith the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvement Projects, all developer improvements, and pertinent codes and ordinances. 3. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for Clearwire within the franchise area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. 4. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless otherwise exempted from this requirement, in writing, by the Director of Public Works. 5 Relocation. a. Within 90 days following written notice from the City, Clearwire 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 Clea/wire franchise 8-05 FI:bjs 2 b. Clearwire 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 Clearwire 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, Clearwire shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Clearwire full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Clearwire shall relocate its facilities as otherwise provided in this section. 6. Removal or Abandonment. Upon the removal from service of any wireless service antennas or other associated structures, facilities and amenities, Clearwire 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 Clearwire may be abandoned without the express written consent of the City 7 Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, Clearwire shall upon the request of the City, furnish a bond executed by Clearwire 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 Clearwire's obligations under this Franchise Agreement. At Clearwire's sole option, Clearwire 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 Clearwire 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 8 "One-Call" Location & Liability. Clearwire 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 Clearwire's system components or for interruptions in service to Clearwire customers which are a direct result of work performed for any City project for which Clearwire 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 Clearwire system components or for interruptions in service to Clearwire customers resulting from work performed under a permit issued by the City 9. As-Built Plans Required. Clearwire 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 Clearwire pursuant to this Franchise Agreement. The City shall determine the acceptability of any as-built submittals provided under this section. 10 Recovery of Costs. Clearwire 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, Clearwire shall pay such reasonable costs and expenses directly to the City 11 Vacation. If, at any time, the City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to Clearwire , terminate this Franchise Agreement with reference to such City road, right-of-way Cleanuire franchise 8-05 FI:bjs 3 or other City property so vacated, and the City shall not be liable for any damages or loss to Clearwire by reason of such termination other than those provided for in RCW 35 99 Section 6. Franchise Compliance. A. Franchise Violations. The failure by Clearwire to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If Clearwire has not attained full compliance at the end of the 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 30-day period. B Emergency Actions. 1 If any of Clearwire's actions, or any failure by Cleanvire to act to correct a situation caused by Clearwire, is\deemed by the City to create a threat to life or property, the City may order Clearwire 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 Clearwire and give Clearwire an opportunity to correct said threat before undertaking such corrective measures. Clearwire 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 Clearwire, 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 30 days of written notice of the completion of such action or determination of damages by the City The failure by Clearwire to take appropriate action to correct a situation caused by Clearwire and identified by the City as a threat to public or private safety or property shall be considered a violation of franchise terms. 2. If during construction or maintenance of Clearwire'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, Clearwire 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 Clearwire'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, Clearwire shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow Clearwire to abandon its facilities in place. Section 7. Insurance. A. Clearwire 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. B Such insurance shall specifically name as additional insured, the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City Notice shall be by certified mail, return receipt requested to the City C. 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. Clearwire franchise 8-05 FI:bjs 4 Section 8. Other Permits & Approvals. Nothing in this Agreement shall relieve Clearwire from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the franchise area. Section 9. Transfer of Ownership A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest in Clearwire'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 Clearwire to another person or entity controlling, controlled by, or under common control with Clearwire. B In any transfer of this fr.anchise that requires the approval of the City, Clearwire 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 that requires the approval of the City, shall be reimbursed to the City within 30 days of such transfer Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. Clearwire does hereby warrant that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82.04.065 B. Clearwire 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. C. In the event Clearwire submits a request for work beyond scope of original franchise, or submits a complex project that requires significant comprehensive plan review or inspection, Clearwire shall reimburse City for franchise amendment and expenses associated with the project. Clearwire shall pay such costs within 30 days of receipt of bill from the City D Failure by Clearwire to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or Clearwire shall be delivered to the following addresses respectively' City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, W A 98188 Cleanvire franchise 8-05 Fl:bjs 5 CLEARWIRE LLC a Nevada limited liability company Attn. Property Manager 5808 Lake Washington Blvd NE, Suite 300 Kirkland, WA 98033 With copy to: CiS Group Attn. Brian Wade 8259122nd Avenue NE, Suite 250 Kirkland, WA 98033 Section 12. Indemnification. A. Clearwire 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. ClearwiI;e shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of Clearwire, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to Clearwire by this Franchise. In the event any claim or demand is presented to or filed with the City which gives rise to Clearwire's obligation pursuant to this section, the City shall within a reasonable time notify Clearwire thereof and Clearwire shall have a right, at its election, to settle or compromise such claim or demand. ln 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 Clearwire's obligation pursuant to this section, the City shall promptly notify Clearwire thereof, and Clearwire 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, Clearwire 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 Clearwire to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action, 3. appear in or defend any suit or action, or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between Clearwire and the City, Clearwire'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. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, Clearwire expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of Clearwire's officers, agents or employees. This waiver is mutually negotiated by the parties. 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 Clearwire franchise 8-05 FI:bjs 6 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, Clearwire shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance which may cont1ict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. Clearwire 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 tqe permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations, and Specifications. Clearwire 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 Clearwire, shall thereafter govern Clearwire's activities hereunder; provided, however, that in no event shall regulations: 1 materially interfere with or adversely affect Clearwire's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to Clearwire and other similar user of such facilities. Section 17. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, W ASHlNGTON, at a Special Meeting thereof this day of . 2005 ATTEST/AUTHENTICATED' Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number- APPROVED AS TO FORM BY' Office of the City Attorney Cleanoire franchise 8-05 FI:bjs 7 Tentative Agenda Schedule MONTH Sept. 5'" - Labor Day (City offices closed) 2(l' - Primary Election Day October 3011, - Return to standard time 31" - Fifth Monday of the month-no Council meeting scheduled November 7 8" - General Election Day ]]'''- Veterans' Day (City offices closed) 24'''- Thanksgiving Day (City offices closed) 2f' -Day after Thanksgiving (City offices closed) MEETING 1 ~ REGULAR 6 (Tuesday) See agenda packet cover sheet for this week's agenda (September 6, 2005 Regular Meeting) Sept. 7 (Wed.) Special Meeting (Citl) Collncil& . . Department Head~) - 3:30 - 5:00 PM Tukwila Community Center (Mtg. Room B) 2005 Budget Update Sept.$(Th.urs;} SpeCial-Meeting (JointCouncilj Planning C011lmissioli work Sessibn).. ' 7:00 PM Council Chambers Unfinished Business: Update on transporta- tion element of the Comprehensive Plan. (Rescheduled from August 25, 2005.) 3 IvIEETING 2;;;;; -. cO.W. '. 12 Special Presentation: Tukwila Community Schools Collaboration reorganization 10 14 M~9TING-3L-' REG.ULAR " 19 Special Presentation: Seattle Southside Visitor Information (tourism and marketing) update. Proclamation: Proclamation designating Saturday, September 24,2005, as the annual "Mayor's Day of Concern for the Hungry" Public Hearing: Vacating South 124th Street from East Marginal Way South to Tukwila International Blvd. 17 21 MEETING 4 ,.. CO.W. 26 24 28 Upcoming Meetings & Events SEPTEMBER 2005 5th (Mondav 7th 8th ~ FARJYIERS MARKET SPECIAL MEETING , LABOR /4300 Tukwila Int'!. Joint City Council! Blvd. (across from Planning Commission DAY Larry's Market) work session: City offices Every Wednesday Update on (now through Sept. 28) transportation closed ;... Arts Commission, 3:00 to 7:00 PM element of the 5:00 PM Comprehensive Plan (Community Center) (Rescheduled from ~ Finance & Safety August 25, 2005) , 7:00 PM Cmte, 5:00 PM (Council Chambers) (CR #3) ;... City Council Regular Mtg., SPECIAL MEETING 7:00 PM City Council and (Council Chambers) Department Heads: 2005 Budget Update 3.30 - 5:00 PM (Tukwila Community Center; Mtg. Room B) ? Utilities Cmte, 5:00 PM (CR #1) ;... Transportation FARl'\fERS MARKET Cmte, 5:00 PM /4300 Tukwila Int'l. (CR #1) Blvd. (across from Larry's 1Harker) ;... Civil Service Every Wednesday Commission. ? Highway 99 Action (extended thru Sept. 28) 5:00 PM Cmte, 7:00 PM 3:00 to 7:00 PM (CR #3) (Community Center) ;... City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) Chipper Day 10:00 AM to 1:00 PM -~ ,-":".1 rUO" ? Apartment Managers' Networking Lunch: Periodically as scheduled. Contact Robbie Burns at 206-243-6506. ? Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Kimberly Matej at 206-767-2342. ? Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206-575-/633. ;"'Chipper Days, sponsored by the Wash. State Dept. of Agriculture: 3rd Sat., 10:00 AM to 1:00 PM, Foster HS main parking lot. Dispose of prunings and plant materials from the longhorned beetle quarantine area. Drive your truckload of materials to the parking lot and help will be provided to unload, chip and dispose of materials free of charge. Be sure to bring ID with quarantine area address. ? City Council Committee of Whole (C.O.W ) Meeting: 2nd & 4th Mon" 7'00 PM, Council Chambers at City Hall. ? City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ?Civil Service Commission: 2nd Mon., 5:00 PM, Conf. Room #3 Contact Bev Willison at 206-433-1844. ? Community Affairs & Parks Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #3. ?COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. ,"farja Murray (206-433-7175). }> Crime Hot Spots Task Force: 3rd Wed., 10:00 A..\-!, Conf. Room #5. Contact Marja Murray at 206-433-7/75. }> Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room #5. Contact Evie Boykan or Stacy Hansen at 206-433-7180. ? Equity & Diversity Commission: 1st Thurs" 5 15 PM, Showalter Middle School Library Contact Lucy Lauterbach at 206-433-1834 ;.- Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3 Agenda items for 9/6/05 meeting: (A) Streamlined sales tax----€Iements of a compromise bill. ? Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206-433-1812, ;'-Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206-433-7180. ;.- Human Services Providers: 11.30 A..'yl, TCC, (tentative schedule: 3118, 6/17, 9/16, 12i2). Contact Stacy Hansen at 206-433-7181 ~ Library Advisory Board: 2nd Tues., 7:00 PM, Foster Library Contact Bruce Fletcher at 206-767-2343 ;... Lodging Tax Advisory Committee: Every other month (or as scheduled), 12 NOON. Contact Katherine Kertzman at 206-575-2489 r Parks Commission: 3rd Wed" 5.30 PM, Senior Game Room at Community Center Contact Kimberly Matej at 206-767-2342, ;.- Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov & Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-43/-3670. ;.- Sister City Committee: Contact Lucy Lauterbach at 206-433-1834 ?Transportation Committee: 2nd & 4th Mon" 5:00 PM, Conf. Room #1 ~ Utilities Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #1 Agenda items for 9/7/05 meeting' (A) Sprint Communications Company franchise amendment. (B) 2005 Small Drainage Program bid award. (C) 2005 Small Drainage Program construction management services. (D) Allentown/Foster Point Water and Sewer Projectfimding options. ~ Court = Busy Court and/or Jury Calendar (noted to alert employees and citizens ofpotenf:al parking difficulty).