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Home My WebLink AboutReg 2009-03-02 COMPLETE AGENDA PACKET Tukwila City Council Agenda REGULAR MEETING Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder Rhonda Berry, CityAdministrator Dennis Robertson Verna Griffin Joan Hernandez, Council President Kathy Hougardy it De'Sean Quinn Monday, March 2,2009; 7:00 PM Ord #2225 Res #1680 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Certificate of Appreciation to: PRESENTATIONS Russell Bradley, Arts Commission and La vern Peterson, Equity and Di versity Comm fission. b. An Overview of 2008 Accomplishments and 2009 Goals; Julia Patterson, King County Councilmember. c. 2009 Goals as King County Council Chair; Dow Constantine, King County Council Chair. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item 1 fisted on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT a. Approval of Minutes: 2/2/09 (Regular). AGENDA b. Approval of Vouchers. 5. PUBLIC An ordinance renewing a six -month moratorium on the acceptance of Pg.l HEARINGS applications for sign, development and electrical permits for certain types of signage. 6. UNFINISHED a. An ordinance renewing a six -month moratorium on the acceptance of Pg.l BUSINESS applications for sign, development and electrical permits for certain types of signage. b. An ordinance vacating certain property, generally described as approximately Pg.7 128 feet by 10 feet, located along 13911 Tukwila International Boulevard. c. Authorize the Mayor to sign an amendment to Interlocal Agreement #92 -113 Pg.15 with King County for the allocation of Conservation Futures for the acquisition of Duwamish Gardens (see 2123109 C. 0. W.J. d. Authorize the Mayor to sign an agreement with Berger /Abam for the Riverton Pg.17 Creek Flap Gate Removal project in the amount of $121,842.00 (see 2123109 C.0. W..). e. An ordinance granting a non exclusive franchise to Time Warner Telecom of Pg.19 Washington LLC for the purpose of constructing, operating, and maintaining a telecommunications system in certain public rights -of -way in the City. 7. NEW BUSINESS Motion to elect a Mayor Pro Tempore to serve during the upcoming absence of Pg.33 Mayor Haggerton and Council President Hernandez. 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 Clerk's Office 206 433 1800 /TDD 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. COUNCIL AGENDA SYNOPSIS k, �J� F 4Py Initials I7ElvtNo. BM 7 lIeetirra Date 1 Prepared by 1 llla }'qr evieiv Coin it review 1 p l cs I 02/23/09 1 BM 1 1] 03/02/09 1 I I ago= I I I 1 I 6, 4 ITEM INFORMATION ' CAS NUMBER: 09-025 'ORIGINAL AGENDA DATE: FEBRUARY 23, 2009 AGENDA ITEM TITLE the City's Moratorium on the installation of certain types of signage. C.\ Discussion ❑'Motion Resolution Ordinance n Bid Award Public Hearing Other lltg Date 02/23/09 lltg Date Altg Date lftg Date 03/02/09 Illtg Date lltg Date 03/02/09 lltg Date SPONSOR 1 1 Council 1 1 illa Adrn Svcs N DCD 1 1 Finance Fire 1 1 Legal n P &R Police PII% SPONSOR'S On October 6, 2008 the City Council adopted Ordinance 2208 which established a 180 -day SUMMARY moratorium on the installation of certain signage types within the City. The sign types included billboards, freeway interchange signs, dynamic signs, and freestanding signs taller than six feet. The moratorium will expire in April and given the significance of allowing such signs within the City, staff proposes to renew the moratorium for an additional 180-days. RI-:1'[I. :WI BY COW mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 2/9/09 RECOMMENDATIONS: SPONSOR /ADMfIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPi NDITURI? RI?LUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 2/23/09 Forward to next Regular Meeting I 1 MTG. DATE 1 ATTACHMENTS 02/23/09 1 Informational Memorandum dated February 17, 2009 Ordinance in Draft Form 1 Ordinance #2208 Minutes from the Community Affairs and Parks Committee meeting of 2/9/09 03/02/09 'Ordinance in final form I 0- t' 0 -1 3 City of R� Yg Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR SIGN, DEVELOPMENT, AND ELECTRICAL PERMITS FOR CERTAIN TYPES OF SIGNAGE WITHIN THE CITY OF TUKWILA; REPEALING ORDINANCE NO. 2208; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 19 of the Tukwila Municipal Code the Sign Code regulates signage within the City of Tukwila; and WHEREAS, the City Council has identified that the City's current sign code is out- dated and needs to be updated, in order to address the complexity of development issues within the City; and WHEREAS, the City desires to limit the number of signs that might be rendered nonconforming by the Sign Code update, thereby limiting the financial burden to business owners, property owners and the City imposed by a staged amortization program; and WHEREAS, on June 4, 2007, the City Council passed Ordinance No. 2165, establishing a six-month moratorium on the filing of sign, development, and electrical permits for certain types of electronic signage within the City; Ordinance No. 2170, passed July 2, 2007, adopted the Findings of Fact; the moratorium was renewed by Ordinance Nos. 2180 and 2202; and expanded by Ordinance No. 2208; and WHEREAS, the City Council and Planning Commission were briefed on various sign code issues at a joint meeting on October 25, 2007; and WHEREAS, on February 4, 2008 the City Council adopted Resolution 1656 which called for the creation of a Sign Code Advisory Comnittee to assist City staff in the creation of a new sign code; and WHEREAS, since July of 2008 the Committee has met five times to discuss the various issues associated with the creation of a new sign code, and has developed recommendations to limit certain types of signage, in order to improve the visual appearance of the City; and WHEREAS, since January 29, 2009, the Planning Commission and the City Council were briefed on the recommendations of the Sign Code Advisory Committee. The recommendations, if included in the new sign code, will prohibit the installation of some sign types that are currently permitted within the City; and WHEREAS, the City has received and will continue to receive applications for a variety of signs that may conflict with the City's update to Title 19 and could potentially pose a threat to public safety and add visual clutter to the City streets; and WHEREAS, on March 2, 2009, the City Council conducted a public hearing on the renewal of the moratorium; C /Documents and SettineslAll User\ Desktop \KeIlyMMSDATA \Ordinances\2225 Sin Code Moratorium doc Page 1 of 3 ksn 2)2 4/2009 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY Y OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The "Whereas" clauses above are hereby adopted by reference as the City Council's Findings of Fact, as if fully set forth herein. Section 2. Purpose. The purpose of this moratorium is to allow the City adequate time to study and adopt regulations to update Title 19 of the Tukwila Municipal Code. Section 3. Moratorium Renewed. As established by Ordinance No. 2208, dated October 6, 2008, the moratorium is hereby renewed on the filing of sign, development and electrical permits for the erection, re- erection, construction, or alteration of: 1. Any sign that would be classified as an "Electronic Sign" as defined under TMC 19.08.055, any sign that would be classified as an "Animated Sign" as defined under TIvIC 19.08.030, any sign that displays a "Holographic Display" as defined under TMC 19.08.105, and any sign considered a "Scoreboard" under TMC 19.08.195. Nothing in this moratorium shall be construed to prevent the maintenance of an existing sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." This moratorium shall not apply to any sign permit that was vested prior to the moratorium's enactment. 2. Any sign that would be classified as a billboard under TMC 18.08.050. Existing billboards may continue to replace their existing copy pursuant to the limitations established under Title 19. 3. Any sign, taller than six feet in height, that would be classified as a "freestanding sign" as defined under TMC 19.08.070. Height shall be determined pursuant to TMC 19.08.100. Nothing in this moratorium shall be construed to prevent the maintenance of an existing freestanding sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required," and Chapter 19.30, "Staged Compliance Sign Amortization Program." Existing freestanding signs that comply with Title 19 of the Tukwila Municipal Code may have face changes and install panels subject to the permit requirements of TMC 19.12.010 and other applicable sign development standards found in Title 19. 4. Any "freeway interchange sign" as permitted under TMC 19.32.140 (E)(2). Nothing in this moratorium shall be construed to prevent the maintenance of an existing freeway interchange sign, provided the maintenance is consistent with the limitations specified in TMC 19.12.050, "Exceptions- Permits Not Required." Installation of new sign panels on existing freeway interchange signs or change of copy of the freeway interchange sign shall not be permitted until the moratorium is no longer in effect. Section 4. Repealed. Ordinance No. 2208, dated October 6, 2008, is hereby repealed. Section 5. Effective Period of Moratorium. The moratorium established by this ordinance shall be effective as set forth in Section 7 below, and shall continue in effect for six months thereafter unless repealed, renewed or modified by the City Council after subsequent public hearing and entry of Findings of Fact. Section 6. 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 this ordinance or its application to any other person or situation. C:\Documents and SettinaslAll Users\D Kelly,MSDATA \Ordinances\ 225 Sip Code ;vforata ium_doc Pale 2 of 3 ksn 2/24/2009 Section 7. 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 five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C: \Documents and Settins1All Use s\ sktop\KeI!y\ MSDATA'0rdiflaflC.S\222S Sip Code Moratorium.dc Page 3 of 3 ksn 2242009 CAS NUMBER: 09-024 CATEGORY I SPONSOR SPONSOR'S SUMMARY EXPENDITURE REQUIRED $0.00 03/02/09 Mtg Date 02/23/09 Mtg Date Meeting Date 02/23/09 03/02/09 09- o a F COUNCIL AGENDA SYNOPSIS i ltg Date Initials Prepared by 1 Mayor's review JM Council review ITEM INFORMATION I ORIGINAL AGENDA DALE: FEBRUARY 23, 2009 AGENDA ITEM TITLE Ordinance for Street Vacation at 13911 Tukwila International Blvd Discussion Motion 1 1 Resolution Ordinance Bid Award Public Hearing 1 1 Other lvItg Date 03/02/09 Mtg Date Mtg Date 2/23/09 Mtg Date Council Major Adel Svcs DCD Finance Fire Legal P&R Police Pl/ Petitioner, 139 LLC, provided a complete request for a street vacation of the property abutting 13911 Tukwila International Boulevard and a comprehensive appraisal. Council set a Public Hearing date of February 23, 2009 per Resolution 1678. Notices were mailed and no written objections have been received. Compensation per the fair market value appraisal to the City is $25,000.00. Council is being asked to approve the ordinance. Transportation Cmte Planning Comm. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. n Parks Comm. DATE: 01/20/09 2/17/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIII'hE Unanimous Approval; Forward to Committee of the Whole COST IMP- ACT SOURCE AMOUNT BUDGETED $0.00 Fund Source: COMPENSATION IN THE AMOUNT OF $25,000.00 Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 01/26/09 Discussion on Resolution setting a Public Hearing date 02/02/09 Resolution 1678 setting a Public Hearing date of 2/23/09 02/23/09 Forward to next Regular Meeting 03/02/09 MTG DATE ATTACHMENTS 02/23/09 Informational Memorandum dated 02/17/09 (revised after TC) Draft Ordinance with Exhibit A Map Vicinity Map Petition for Vacation of Street 3.40.71 with Right -of Way Exhibit Resolution 1678, setting a Public Hearing date of 2/23/09 Minutes from the Transportation Committee meeting of 01/20/09 02/17/09 Ordinance in final form ITEMNo. APPROPRIATION REQUIRED $0.00 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS APPROXIMATELY 128 FEET BY 10 FEET LOCATED ALONG 13911 TUKWILA INTERNATIONAL BOULEVARD; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 30, 2008, the Public Works Department deemed the Petition for Vacation complete; and WHEREAS, Section 11.60 of the Tukwila Municipal Code identifies street vacation procedures, including public notification, a public hearing, review and comment, and submittal of relevant information to City Council, all of which have been accomplished, and WHEREAS, no utilities exist in the right -of -way proposed for vacation, and WHEREAS, the Tukwila City Council conducted a public hearing on February 23, 2009 for the purpose of considering the vacation of certain property located in the City of Tukwila, as described above; and WHEREAS, following conclusion of the public hearing, the City Council found the property should be vacated, subject to conditions identified in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDALNS AS FOLLOWS: Section 1. Property Vacated. A. The following property located in the City of Tukwila is hereby vacated. Tukwila International Boulevard, a ten- foot -wide right -of -way, approximately 128 feet long along 13911 Tukwila International Boulevard, as shown on Exhibit A, attached hereto. B. This vacation is conditioned upon receipt of compensation to the City of $25,000.00 by May 31, 2009. Section 2. Record of Certified Copy. The City Clerk's Office is hereby directed to record a certified copy of this ordinance with King County, upon determination by the Finance Director that the conditions referenced above have been satisfied. Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of the ordinance, the City Public Works Director shall amend the City's official street map to be consistent with this ordinance. Section 4. 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 C: \Documents and Settings \AII Users\ Desktop \Kelly \MSDATA \Ordinances \2226 118 Street Vacation.doc ksn 2/24/2009 Page 1 of 2 invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five working days after the date that this ordinance and all relevant documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of 2009 ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney Attachment: Exhibit A Map Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published: Effective Date: Ordinance Number C.\Documents and Setttings\AII Users\ Desktop \Kelly \MSDATA \ordinances \2226 TIB Street Vacation.doc ksn 2/24/2009 Page 2 of 2 SIGNED /8ju y Z008 j) Scale: Horizontal 1"=60' Vertical Desianed N88 11 `40 18215 72N0 AVENUE SOUTH KENT, WA 98032 (4-25)251-6222 (425)253-8782 FAX CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES 1 Drown PCW N 0 881 1 '40"E For: S75 30' 40''W 10.00' Checked N87 109 99' LC 139 LLC EXHIBIT A AREAOF R110272± SQUARE FVACETrION CONTAINS Job Number 13335 Sheet Title: RI GH T-OF-WAY VACATION EXHIBIT of. 1 Aporoved _VIEW 1 Dote 07-:17-08 1' SALAAMA RESTAURANT ECONO LODGE 89 ft CityGIS Copyright 02006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products AERIAL PHOTO MAP 2. The names and addresses of ALL property owners abutting on the property to be vacated are as follows: (do not include City -owned property) Owner Name, Property Address Total frontage j 7 Daring J J (feet) I fc79 f3� /Jl t a L/It rrry -t /3 /uG /I 3 qg c} l PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 TO THE TUKWILA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the right -of -way: (do not include City -owned property) Owner Name Property Address Total frontage (signature) (feet) l 39 I I' Iwi lam. T r. ir�n(T' 3 L/ e RI 1 I 1 1 1 1 I 4. in accordance with Resolution 1499, the $1200 fee for street vacation has been received. a;)_-a reO r✓ ot,1 G },Q r L.0 (id' e W er) Q DATE RECEIPT NO. CLERK SIGNATURE Crm,T V17 \S a___631 3 40.71 CAS NUDIBER: 09-026 COUNCIL AGENDA SYNOPSIS 1 Meeting Date Prepared 02/23/09 3M 03/02/09 3 Lutiatr 1VIa;or r review Council review (7 TE_ M_ ORIGINAL AGENDA DATE: FEBRUARY 23, 2009 AGENDA I IL i TITLE Duwamish Gardens Conservation Futures Amendment with King County ITE CATEGORY Dzscussion Motion Kerolutzon Ordinance n Bid Award Public Hearing Other Mtg Date 02/23/09 Mfg Date 03/02/09 Mtg Date Mtg Date Mtg Date Mtg Date ivltg Date SPONSOR Council Major Adm Svcs DCD Finance Fire Legal P Police PW SPONSOR'S King County and the City of Tukwila entered into Interlocal Cooperation Agreement #92- SUMDRY 113 for the allocation of King County Conservation Futures for the acquisition of parks and open space. This amendment will include new funding of $700,000.00 for the acquisition of Duwamish Gardens. Council is being asked to approve the amendment to the interlocal agreement with King County to allocate additional funding for Duwamish Gardens. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. E. Parks Comm. Planning Comm. DALE: 02/09/09 RECOMMENDATIONS: SPONSOR/ADMEN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST=IMPACT FUND, SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED EXPENDITURE REQUIRED $0.00 $0.00 Fund Source: 301 PARKS TRAILS (PAGE 67, 2009 CIP) Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 1 02/23/09 1 Forward to next Regular Meeting 03/02/09 1 $0.00 1 MTG. DATE ATTACHMENTS 02/23/09 Informational Memorandum dated 02/02/09 Funding Summary Amendment to the Conservation Futures Interlocal AG with King County Minutes from the Community Affairs Parks Committee meeting of 02/09/09 03/02/09 No attachments CAS NUMBER: 09-027 CATEGORY SPONSOR SPONSOR'S SUMMARY iVleetzng Date 02/23/09 03/02/09 AGENDA ITEM TITLE Riverton Creek Flap Gate Removal Consultant Agreement with Berger /Abam Engineers, Inc. Discussion Motion Resolution Mtg Date 02/23/09 Mtg Date 03/02/09 Mtg Date Council Mayor Adrn Svcs DCD 1 MTG. DATE I 02/23/09 1 Forward to next Regular Meeting 03/02/09 COUNCIL AGENDA SYNOPSIS ITEM--INFORMATION I ORIGINAL AGENDA DATE: FEBRUARY 23, 2009 11 Mayor's review Initials I1 Mtg Date Finance CC inczl review Ordinance Bid Award 1 I Public Hearing Other Mtg Date Mtg Date Mtg Date Fire Legal P &.R Police PIV 11 The contract is for design of the Riverton Creek Flap Gate Removal Project. The project will improve fish access to Riverton Creek by removing the flap gates and installing an open water connection to the Ouwamish River. Three firms were short listed from the Consultant Works Roster and Berger /Abam Engineers, Inc. scored highest. Council is being asked to approve the contract with Berger /Abam in the amount of $121,842.00. RECORD -OF COUNCIL ACTION Transportation Cmte Planning Comm. REVIEWED BY COW Mtg [Si CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DAI'E: 02/09/09 RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COM IMFITEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $121,842.00 $200,000.00 Fund Source: 301 PARKS &TRAILS (PAGE 68, 2009 CIP) Comments: APPROPRIATION REQUIRED MTG. -DATE ATTACHMENTS 02/23/09 Informational Memorandum dated 02/02/09 Vicinity Map Pictures Consultant Agreement with Scope of Work and Fee Minutes from the Community Affairs Parks Committee meeting of 02/09/09 03/02/09 No attachments II IMrNo. COUNCIL ACENDA SYNOPSIS ----------------Il1itia/s -------------------------- ITEM No. 11;Ieetin Date & .E. 02/23/09 03/02/09 ~~~<~ ~ ___ - - ____00__- __ _ ..__ _ _ _ _ _ _ _ __ _ __ _ __ - . - _..___._ ___n__ _'_ - __ _n ___ _ __ - . ...____ __n_ _ __. ___ iTEM4NFORMAIION CAS NUMBER: 0 C) - O:l 'f) I ORIGINAL AGENDA DATE: FEBRUARY 23,2009 AGENDA lTEi\I TITLE Ordinance to Renew Time Warner Telecom Franchise Agreement CATEGORY [Z] Discussion o Motion o Resolution [Z] Ordinance 0 Bid Award 0 Public Hearing 0 Other i\1tg Date 02/23/09 Mtg Date iYItg Date kItg Date 03/02/09 i\1tg Date iYItg Date iVItg Date SPONSOR SPONSOR'S SU1JlvIARY o Council 0 kIqyor 0 Adm 5 vcs 0 DCD 0 Finance 0 Fire 0 Legal 0 P&R 0 Police [Z] PW Time Warner Telecom (TWTC) Franchise Ordinance No. 2114 expires on March 15, 2009. The new ordinance will renew the Time Warner franchise for three years and has some changes to the utility relocation requirements in Section SE. The Council is being asked to approve the ordinance for the new franchise agreement with Time Warner Telecom with an expiration date in March, 2012. o COW Mtg. [Z] Utilities Cmte DATE: 02/10/09 RECOMMENDATIONS: SPONSOR/ ADJ\IIN. Public Works COMMITTEE Unanimous Approval; Forward to Committee of the Whole o CA&P Cmte o Arts Carom. o F&S Crote o Parks Comm. o Transportation Cmte o Planning Comm. REVIE\'iED BY R'QJENDlTIJRE REQUIRED $0.00 ___ _00- _ c"- -_ _ - - 0 . _ __'. ..- _C--'-' _m' _ ,_. < : _-.. , __,_"_ . --" ~ - _ - _. _- -- _ _- -_. - - - - COSTJMPJXCTkFUNDSOtJRCE .fu'vIOUNT BUDGETED $0.00 APPROPRIATION REQUIRED $0.00 Fund Source: Comments: .- __ - - - -_ -._ - ,_ _ -_' - "n-' - -,- ,_ n_ - _ - _. _ __ _ n _ ~ , - - --__ _ _, _ - -n _ 0 _ _ -: _ , - - MTG.:DATE '~.'.\H"'-"'.',.u~., <;.;:iREC()RDOFCOUNCIL.~ACTION 02/23/09 Forward to next Reqular Meetino 03/02/09 MTG..OATE: 02/23/09 '. ~ ~ '~'/~'-"":'~~:i"~':~ u' C~'.~.~ . ""~' ,~ ~ ~:~ ~ . u.~n~'::~ ~ . :.~~.. ..~'.n,u"i'l'" ATTACHMENTS. Informational Memorandum dated 02/04/09 Draft Ordinance with Exhibits Ordinance No. 2114 Minutes from the Utilities Committee meeting of 02/10/09 .,. ~< .: ~ ~. . ~ '. . ~ ~~. ~ ~~ 03/02/09 Ordinance in final form City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKvVILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCmSE TO TIME WARNER TELECOM OF WASIllNGTON LLC, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS-OF- WAY IN THE CITY; REPEALING ORDINANCE NO. 2114; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2114, dated March 6, 2006, granted tw telecom of washington lic, hereinafter referred to as "TvVTC," a three-year, non-exclusive franchise, which expires March 15, 2009; and vVHEREAS, TWTC is a telecommunications company that, among other things, provides voice and data services to customers, including those in the Puget Sound Region; and WHEREAS, TWTCs desired route through the City of Tuhvila, hereinafter referred to as "City," requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights-of-way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes 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 the burden of costs for the operations of non-municipal interests are not bome 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 TWTC, 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 telecommunications 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 TWTC 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 TWTC, provided, that such other franchises do not unreasonably interfere with TWTC's exercise of C:\Documents and Settings\All Users\Desktop\Kelly\MSDATA \Ordinances\2227 TIme Warner Franchise.doc FJ:ksn 2/24/2009 Page 1 of 8 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. e. This Franchise Agreement merely authorizes T\^lTC to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to T\^lTe. 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 lawful and reasonable 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 years from the effective date of this ordinance. This Franchise shall not take effect and T\^lTC shall have no rights under this Franchise unless a written acceptance vdth the City is received pursuant to Section 4 of this agreement. If T\^lTC 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 T\^lTC 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 Oerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of T\^lTC 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. 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, T\^lTC shall vdthin 24 hours of the emergency, obtain a permit from the City of Tukwila Public Works Department. B. Coordination. All capital construction projects performed by T\^lTC 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. e. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for T\^lTC 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 V\~th 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. C:\Documents and Settings\All Users\Desktop\Keily\MSDATA \Ordinances\2227 Time '\Yamer Franc....1U...~.dcc Flok..<n 2/24/2009 Page 2 of 8 E. Relocation. 1. Whenever the City causes a public improvement to be constructed within the Franchise Area, and such public improvement requires the relocation of TWTC s facilities, the City shall provide TWTC with vvTitten notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and the development of a relocation plan. The City and TWrC shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as-built requirements, and other pertinent relocation plan details. 2. To ensure timely execution of relocation requirements, TWTC shall, upon written request from the City, provide at TWTCs expense, base maps, current as-built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation procedures), and other design, technical or operational requirements within the timeframe specified by the City. 3. TWTC may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation V\ithin a reasonable time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights-of-way. The City shall evaluate such alternatives and advise TWTC 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, TWTC shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by TlNTC full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, TWTC shall relocate its facilities as otherwise specified in Section 5.E. 4. Upon final approval of the relocation plan by the City, TWTC shall at its own expense, unless otherwise prohibited by statute, and at the timeframe specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures ffithin 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 public improvement in or upon the rights-of-way. 5. If during the construction, repair, or maintenance of City's public improvement project an unexpected conflict occurs from T\iVTC s facilities, TWTC shall, upon notification from the City, respond ffithin 24 hours to resolve the conflict. F. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities ffithin the Franchise Area, TWTC 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 TVvl'C may be abandoned ffithout 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, TWTC shall, upon the request of the City, furnish a bond executed by TWTC 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 TWTC s obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by TWTC in the City rights-of-way. At TWTCs sole option, TWTC 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 TWTC shall observe all the covenants, terms, and conditions and shall faithfully perform all of the C:\Documents. and Settings\All Users\Desktop\Kelly\l\1SDATA \Ordinances\222.7 Tune \Va..-ner Franchise.doc FHsn 2/24/2009 Page 3 of 8 obligations of this Franchise Agreement, and to repair or replace any defective TVvTC work or materials discovered in the City's roads, streets, or property. H. "One-Call" Location & Liability. TVVTC 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 TIVTC s system components or for interruptions in service to TWTC customers that are a direct result of work performed for any City project for which nvrc 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 TvVTC system components or for interruptions in service to TIVTC customers resulting from work performed under a permit issued by the City. 1. As-Built Plans Required. nvrc 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 permit issued by the City and any work undertaken by TIVTC pursuant to this Franchise Agreement. The City shall determine the acceptability of any as-built submittals provided under this section. J. Recovery of Costs. TVVTC 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 reasonable costs and expenses for review or inspection of activities underta.1cen through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, TIVTC 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 ac'quiring 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 TIVTC, 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 TVVTC by reason of such termination other than those provided for in RCW 35.99. Section 6. Franchise Compliance. A. Franchise Violations. The failure by TVVTC 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 nvrc 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 TIVTC s actions, or any failure by TWTC to act to correct a situation caused by TIVTC, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order nvrc to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify nvrc and give TWTC an opportunity to correct within a reasonable specified time, said threat, financial harm or delay before undertaking such corrective measures. nNTC shall be liable for all reasonable 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 TvVTC and shall further be liable for all reasonable costs, C:\Documents and Settings\All Use...rs\Desktop\Kelly\::vfSDATA \Ordinances\2227 Time Warner Franchise.doc Fl:ksn 2/24/2OW Page 4 of 8 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 v/ritten notice of the completion of such action or determination of damages by the City. The failure by TWTC to take appropriate action to correct a situation caused by TWTC and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of Franchise terms. 2. If, during construction or maintenance of TWTC'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, TvVTC 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 TvVTC'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 andf 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, 1\iVTC shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow TI'VTC to abandon its facilities in place. Section 7. Insurance. A. TWTC shall maintain liability insurance V\rritten 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 V\rritten 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 vnitten notice should the City exercise its right to require additional insurance. Section 8. Other Permits & Approvals. Nothing in this Agreement shall relieve TWTC 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 1vritten consent of the City, with such consent not being umeasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest in TWTC's telecommunications 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. Approval shall not be required for any transfer from TvVTC to another person or entity controlling, controlled by, or under common control with TWTC. TWiC may license fibers to other users without the consent of the City provided that TWTC remains solely responsible for the terms and conditions outlined in this Franchise Agreement. C:\Documents and Settings\All Users\Desktop\Kelly\l~1SDATA \Ordinartces\'2227 Time Warner Franchise.doc Fl:ksn 2/24/2OG9 Page 5 of 8 B. In any transfer of this Franchise that requires the approval of the City, TWTC 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 actual and reasonable 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 (RClN), 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. TWTC 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. TWTC 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. Admi.rristrative 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 TWTC submits a request for work beyond scope of original franchise, or submits a complex project that requires significant comprehensive plan review, or inspection, TWTC shall reimburse City for franchise amendment and expenses associated v.lith the project. TWTC shall pay such costs within 30 days of receipt of bill from the City. D. Failure by TWTC 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 TWTC shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Email: coflahertv@ci.tukwila.wa.us Phone: 206-433-1855 Lyndall Nipps VP - Regulatory tw telecom of washington lic. 845 Camino Sur Palm Springs, CA 92262 Email: lyndall.nipps@twtelecom.com Phone: 760-832-6275 with a copy to: Tina Davis Senior VP Deputy General Counsel tw telecom of washington lie.c10475 Park Meadow Drive Uttleton, CO 80124 Email: tina.davis@twtelecom.com Phone: 303-566-1279 Section 12. Inderrmification. A. TvVTC 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 within the Franchise Area. TvVTC shall indemnify and C:\Documents and Settings\All Use.rs\Desktop\Kelly\MSDATA \Ordinances\2227 Time \--'lamer Franchise.doc fl:ksn 2/24/20f1J Page 6 of 8 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 TWTC, its of..."icers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to TWTC by this Franchise. In the event any claim or demand is presented to or filed vvith the City which gives rise to Tvl,lTC's obligation pursuant to this section, the City shall within a reasonable time notify TWTC thereof and Tvl,lTC 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 Tvl,lTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TvVTC shall, at its sole cost and expense, defend such suit or action by attorneys of its o.Vll election. In defense of such suit or action, TWTC 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 TWTC 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 TWTC and the City, TWTC'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 o.Vll 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 of..."icers, agents and employees, TvVTC 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 TWTC's of..."icers, 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, either party may 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 parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by TWTC, to enforce the remaining provisions of the ordinance, TINTC 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 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. C:\Documents and Settings\All Users\Desktop\Kelly\MSDATA \Ordinances\2127 Time \Varner Franchise.doc FI:ko-n 2/24/2OW Page 7 of 8 Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. TWTC shall not by this Franchise Agreement obtain any vested rights to use any portion of the Cirj 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 16. Future Rules, Regulations, and Specifications. TWTC acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations irl the City. Such regulations, upon written notice to TWTC, shall thereafter govern TWTC s activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect TWTCs rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to TWTC and other similar user of such facilities. Section 17. Repealer. Ordinance No. 2114, is hereby repealed. Section 18. 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 days after passage and publication, as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of .2009. ATTEST/ AUTHEl\.lTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Office of the City Attorney Filed with the City Clerk: Passed by the City COlliLcil: Published: Effective Date: Ordinance Number: APPROVED AS TO FORiy! BY: Attachments: Exhibit A - Time Warner Telecom Fiber Optic Systems Project Description Exhibit B - Franchise Agreement Acceptance form C:\Dccumenls and Settings\All Users\Desklop\Kelly\y,sDATA \Ordinances\=7 Time Warner Franchise.doc H:ksn 2i24/2009 Page 8 of 8 EXHIBIT A - Page 1 TWTC Fiber Optic System TWTC currently has a fiber optic system along lntemrban Avenue S. On Intemrban Avenue South, the system continues east to Boeing Access Road and heads north on Airport Way South into Seattle. TWTC purchased telecommunications conduits from McLeod USA and installed a fiber optics infrastmcture. The fiber optic system is located on East Marginal \Vay from lntemrban Avenue South to South 133rd Street. It continues east on South 133rd Street to lntemrban Avenue South. McLeod USA and Time Warner Telecom fiber optic systems are in common manholes at each tie-in points on Interurban Avenue South. Recently, TWTC expanded its fiber optic system to serve customers in the Commercial Business District. The new system stmis from a vault on Interurban A venue South and Family Fun Center Way and heads to Southcenter Boulevard. On the north side, attached to the bridge portion of Southcenter Boulevard, the system heads to the Christianson Trail on the west side of the Duwamish River, then heads south to the intersection of Tukwila Parkway and Christensen Trail. TWTC's system continues westerly on the south side of Tukwila Parkway to the intersection of Andover Park West and Tul0.vila Parkway. From the west side of Andover Park West, the system heads south to Corporate Drive North. At this location, the system heads back north across the Corporate Drive N then west on the north side of Corporate Drive N, and terminates into a telecommunications vault. EXHIBIT A - Page 2 TWTC Fiber Optic System Map Legend ==== Existing Fiber - Street 1'====1 City Limits I f~:~=~J Waterbody Not to Scale I I I I e I I I I I 3 2009 Date: February . EXHIBIT B FRANCHISE AGREEl\1ENT ACCEPTANCE FORM TWTC Date: City Of Tukwila City Clerks Office 6200 Southcenter Blvd Tukwila, W A 98188 Re: Ordinance _ Adopted: Dear Ms O'F1aherty, In accordance with and as required by Section 4 of City of Tukwila Ordinance ---'passed by the City Council and approved by the Mayor on (the "Ordinance"), Time Warner Telecom hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Signature Printed Name & Title COUNCIL AGENDA SYNOPSIS rryilLA 4�+ Initials Prepared y lleztin Date Przpared by t1la;or's review Council revizzv 0 1 03/02/09 1 CO I ,AAti,. 1 e r,... 190 I I I I I 1° ITEM INFORMATION 1 CAS NUMBER: 09-030 I ORIGINAL AGENDA DATE: MARCH 2, 2009 AGIND.\ ITI TITLE Election of a Mayor Pro Tempore C.v1•I?G( )RY Discussion Motion Resolution U Ordinance Bid Award U Public Hearing Other lltg Date Mfg Date 03/02/09 Mtg Date Altg Date illtg Date Mtg Date Mtg Date 1SP )NSOR Council Mayor Adm Svcs (1 DCD Finance Fire U T Pgal P&R Police n PITS S1'ONSOR's It is necessary to elect a Mayor Pro Tempore as Mayor Haggerton and Council President SUM\I- \Rl Hernandez have necessary absences expected in mid March, 2009. RI -l'1I',WI?D BY COW Mtg. CA &P Cmte fl F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E: N/A RECOMMENDATIONS: SPONSOR /ADMIN. Mayor and City Council C( )MMJ1TEE COST IMPACT FUND SOURCE ELPINDITURI RI?QUIRIU3 AMOUNT BUDGETED APPROPRIATION REQUIRED 1 Fund Source: Comments: 1 1 1 1 MTG. DATE RECORD OF COUNCIL ACTION 03/02/09 MTG. DATE ATTACHMENTS 03/02/09 No attachments Tentative Agenda Schedule MONTH MEETING 1 - MEETING 2 - MEETING 3 - MEETING 4 - REGULAR C.O.W. REGULAR c.o.w. March 2 9 16 23 30"' - Special Presentations: Special Presentation: Fifth Monday of the - Federal briefing on State of the City month-no Council See agenda packet legislative issues presentation meeting scheduled cover sheet for this - State of the (SJurllm Hunstockr week's agenda Municipal Court Finance Director) (March 2, 2009 Regular Meeting) Special Issues: Bid award for 2009 Sewer Infiltration & Inflow CO~IM[rrEE OF mE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING - Special Meeting- Bid Award: 2009 Sewer Infiltration & Inflow April 6 13 20 27 Special Presentation: Special Presentation: Special Presentation: Update on Renton Area Update on services Zev Siegl Youth Services (RAYS) provided by Ruth (Richard Brooks, Dykeman Youth Exemtive Directar) and Family Services Appointment (Jennifer Higgins & Sister Cities Committee Liz Lang) May 4 11 18 26 (Tuesday) 25th - Memorial Day (eih) offices closed) 20d (Mooday) ,. Transportation Cmte, 5:00 PM (CR #1) ,. Civil Service Commission. 5:00 PM (CR #3) ,. City Council Regular Mtg., 7:00 PM (Council Chambers) 9th (Monda ) ,. Community Affairs & Parks Cmte, 5: 00 PM (CR #3) ,. City Council Committee of the Whole Mtg.. 7:00 PM (Council Chambers) 3rd (Tuesda ,) ,. Chamber of Commerce Gov't & Community Affairs Cmte., 12:00 NOON (Chamber Office) ,. Arts Commission. 5:00 PM (Community Center) ,. Finance & Safety Cmte, 5:00 PM (CR #3) 10th (Tuesday) ,. Utilities Cmte, 5:00 PM (CR #1) ,. Highway 99 Action Cmte, 7:00 PM (Community Center) Upcoming Meetings & Events MARCH 2009 4th (Wednesda .) ,. Sister City Cmte, 6:30 PM (CR #3) 5th (Thursday 16th (Friday) ,. Equity & Diversity Commission, 5:]5 PM (CR #3) 17th (Saturda ' OPEN HOUSE View the draft plan for the Tukwila Urban Center and talk with City staff. Dr. Seuss Night Celebrate Dr. Seuss' birthday with enter- tainment, arts and crafts, fun and games, food and more! FREE F A~IlL Y FUN! 6:00 to S:OO PM (Community Center) Sponsored by 8: TuJ...ri/a 1; Parks & . Recreation. Tukwi/a's Library AdYisory Board, and Commlmity Schools Collaboration Sunday March 8 (at 2:00 '\"J) Daylight Saving Time Begins Drop by between 11:00 AM & 1:00 PM (;Veeting room at Albert Lee Appliance, 404 Stronder Blvd.) ~ Court I I 12th I" 13th (Fridav 14th (Saturda .) (Thursda ,) Planning Commission (TV ark Session on the Tukwilo Urban Center Plan, including presentation of draft plan), 6:00 P~J (Council Chombers) ,. Arts Commission: 1st Tues., 5:00 PM, Tubvila Community Center. Contact Stephanie Gardner at 206-767-2342. ,. Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Con/act Nancy Daman at 206-575-1633. ,.City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ,. City Council Regular Meeting: ] st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ,. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206-433-1844. :r Community Affairs & Parks Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room #3. '? COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206-433-7175). '? Equi!)' & Diversity Commission: 1st Thurs., 5:]5 PM, Conf. Room #3. Contact Kimberly Matej at 206-433-/834. ,. Finance & Safety Committee: ]st & 3rd Tues., 5:00 PM, Conf. Room #3. Agenda items for 3/3/09 meeting: (A) Ordinance amending the gambling tax ordinance regarding charitable and non-profit organizations. (B) Ordinance amending the composition of the Community-Oriented Policing Citizens' Advisory Board (C) Ordinance establishing a dmg seiwrefund (D) Resolution approving an identity theft prevention program ("Red Flag Rules''). (E) 2008 4th quarter report. (Fj Sales tox report for Dec. 2008. ,.Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tubl'ila Community Center. Contact ChiefDal'e Haynes at 206-433-1812. '?Human Senices Advisory Brd: 2nd Fri. of even months, 10:00 '\"J, Human Services Office. Contact Evie Boykan at 206-433-7180. ,. Human Services Providers: Quarterly, 11:30 AM, TCC (2009 ~ 3/20, 6119, 9/18, and 12/4). Contact Stacy Hansen at 206-433-7181. ,. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206-767-2342. '? Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206-767-2342. ,. Planning CommissionlBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. & Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670. ,.Sister Ci!)' Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206-433-1844. ,.Transportation Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. Agenda itemfor 3/2/09 meeting: (A) Walk & Roll Plan and 2009 Overlay & Repair Program-bike lane implementation. '? Utilities Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #1. ~ Court ~ Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).