HomeMy WebLinkAboutOrd 2102 - Telecommunications System Franchise with Sprint Communications Company (Repealed by Ord 2546)
Cover page to Ordinance 2102
The full text of the ordinance follows this cover page.
Ordinance 2102 was amended or repealed by the
following ordinances.
REPEALED
Section(s) Repealed Repealed by Ord #
2546
City of Tukwila
Washington
Ordinance No. 2102
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING A FRANCHISE
AGREEMENT TO SPRINT COMMUNICATIONS COMPANY,
LP, FORMERLY KNOWN AS US SPRINT, TO CONSTRUCT,
OPERATE, MAINTAIN, REPLACE, AND REMOVE CERTAIN
COMMUNICATIONS EQUIPMENT UNDER, ALONG, ACROSS
AND THROUGH CERTAIN CITY STREETS FOR THE PURPOSE
OF OPERATING AS A CARRIER OF LONG DISTANCE
TELECOMMUNICATIONS TRAFFIC; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Sprint Communications Company LP (hereinafter referred to as "Sprint is
a telecommunications company currently involved in the construction of a digital
communications network utilizing predominantly fiber optic technology; and
WHEREAS, Sprint currently has a non exclusive 30 -year franchise agreement (Ordinance
No. 1439) with the City of Tukwila, hereinafter referred to as "City," that expires July 20, 2017;
and
WHEREAS, Sprint has proposed to construct a fiber optic cable system that is outside the
franchise area, and is a change to the franchise agreement; and
WHEREAS, Sprint's proposed route requires the use of certain portions of City rights -of-
way for the installation, operation, and maintenance of a fiber optic system; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and
regulate non exclusive 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. Franchise Agreement Amended. Section 1 of Ordinance No. 1439 is hereby
amended to read as follows:
The City hereby grants to Sprint the right, authority, privilege and franchise to construct,
replace, maintain, use and operate equipment and facilities for an underground fiber optic
telecommunications system within the following streets and property:
A. South Grady Way where the same is crossed by the Union Pacific right -of -way;
B. So. 180th Street where the same is crossed by the Union Pacific right -of -way;
C. Strander Boulevard where the same is crossed by the Union Pacific right -of -way;
D. Corner of Interurban Avenue South and Fun Center Way to the west side of the Union
Pacific right -of -way.
Sprint nmendmt FI:bjs 9 -05 1
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, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
the 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 THE CITY COUNCIL OF THE CI OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 19TH DAY OF SEPTEMBER, 2005.
ATTEST/ AUTHENTICATED:
JANE E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Steven M. Mullet, Mayor
Filed with the City Clerk: 05
Passed by the City Council: jq D
Published: (11 23 65_
Effective Date: 0:1. L}L2
Ordinance Number: 2102
Sprint nmendmt FI:bjs 9 -05 2
Date:
0 t
City of Tukwila
City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Ordinance No. 2102
Dear Ms. Cantu:
Sprint Communications LP acknowledges receipt of Ordinance No. 2102 and hereby
accepts the terms, conditions and obligations to be complied with or performed by it
under the Ordinance.
Sincerely,
Signature
E---c I c Re
Printed Name Title
FRANCHISE AGREEMENT ACCEPTANCE FORM
Sprint Communications
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Facov ED
‘'1 2°6
SUMMARY OF ORDINANCE
No. 2102
City of Tukwila, Washington
On September 19, 2005, the City Council of the City of Tukwila, Washington,
adopted Ordinance No. 2102, the main points of which are summarized by its title as
follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING A FRANCHISE AGREEMENT TO SPRINT
COMMUNICATIONS COMPANY, LP, FORMERLY KNOWN AS US
SPRINT, TO CONSTRUCT, OPERATE, MAINTAIN, REPLACE, AND
REMOVE CERTAIN COMMUNICATIONS EQUIPMENT UNDER,
ALONG, ACROSS AND THROUGH CERTAIN CITY STREETS FOR
THE PURPOSE OF OPERATING AS A CARRIER OF LONG
DISTANCE TELECOMMUNICATIONS TRAFFIC; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
THE FULL TEXT OF THIS ORDINANCE WILL BE MAILED UPON
REQUEST.
Approved by the City Council at their Regular Meeting of September 19, 2005.
0 Jane E. Cantu, CMC, City Clerk
Published Seattle Times: 09 -23 -05
e- mailed: bbaker 09 -20 -05 10:30 a.m.
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