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HomeMy WebLinkAboutUtilities 2009-05-12 COMPLETE AGENDA PACKET Distribution: J. Morrow S. Hunstock City of Tukwila K. Hougardy B. Giberson S. Kerslake P. Linder F. Iriarte M. Miotke Utilities Committee D. Robertson P. n C 1. Pace Laba Mayor Haggerton G. Labanara C. Parrish J. Hernandez R. Larson B. Arthur Kathy Hougardy, Chair R. Berry M. Cusick File Copy K. Matej P. Lau Single side to Dana Pam Linder D. Speck M. Mathia 3 Extra Copies 4 C. O'Flaherty S. Anderson e -mail to B.Saxton, Dennis Robertson M. Hart J. Howat C. O'Flaherty, M. S. Norris B. Still Hart, K. Narog, S. N. Olivas R. Still Norris and S. Kirby AGENDA TUESDAY, MAY 12, 2009 Time; 5.-00 PM Place.- Conference Room #1 Item Recommended Action Page I. Current Agenda Review I. II. Presentation(s) II. III. Business Agenda III. A. TWTC Franchise Agreement A. Forward to 5/26/09 C.O.W. Pg. 1 Ordinance Amendment and 6/1/09 Regular B. First Quarter Report B. Information Only Pg. 13 IV. Old Business IV. Future Agendas: Next Scheduled Meeting: Wednesday, May 27, 2009 (Due to Holiday) S The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public works Department at 206- 433 -0179 for assistance. TO: ISSUE BACKGROUND DISCUSSION RECOMMENDATION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: May 5, 2009 SUBJECT: tw telecom of washington Ilc Franchise Agreement Ordinance 2227 Amendment Approve ordinance for the new franchise agreement with tw telecom of washington Ilc and consider this item at the May 26, 2009 Committee of the Whole meeting and subsequent June 1, 2009 Regular Meeting. attachment: Draft Ordinance with Exhibits P :\PROJECTS\Franchise \Infomation Memo -tw telecom Franchise Amendment.doc Jim Haggerton, Mayor Franchise Agreement with tw telecom of washington Ilc (Ordinance No. 2227) must be repealed and replaced with a new ordinance. On March 2, 2009, the Council approved Ordinance No. 2227 authorizing tw telecom to provide managed voice, data networking and broadband services to the Puget Sound Region. After approval, tw telecom requested a change to Ordinance 2227 to reflect the new legal name, "tw telecom of washington Ilc" (still abbreviated TWTC). Staff consulted with the City Attorney's office and determined that an amendment to the ordinance is necessary to incorporate the new legal name. The draft ordinance highlights the administrative changes that need to be made to Ordinance 2227. No changes were made to the franchise terms and conditions. RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO TIME WARNER TELECOM OF WASHINGTON LLC, tw telecom of washington 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. 2227; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2114, dated March 6, 2006, granted tw telecom of washington llc, hereinafter referred to as "TWTC," a three -year, non- exclusive franchise, which expired March 15, 2009; and WHEREAS, Ordinance No. 2227, dated March 2, 2009, granted tw telecom of washington llc, a three -year franchise agreement and, after passage, issues arose as to how the name appeared in the ordinance, and this current ordinance will correct those issues; and WHEREAS, 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, TWTC'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 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 borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non exclusive franchises for the use of public streets, rights -of -way, and other public property for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS 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." W: \Word Processing \Ordinances 2008 \tw telecom of washington tic Franchise.doc PH.ksn 5/6/2009 Page 1 of 8 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 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. C. This Franchise Agreement merely authorizes TWTC 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 TWTC. Section 2. Authority. The Director of Public Works or his /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 /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 TWTC shall have no rights under this Franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If TWTC 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 TWTC 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 TWTC 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, TWTC shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Public Works Department. B. Coordination. All capital construction projects performed by TWTC 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 Improvements Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for TWTC 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 the City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. D. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground W: \Word Processing \Ordinances 2008 \tw telecom of washington Ilc Franchise.doc PH:ksn 5/6/2009 Page 2 of 8 unless otherwise exempted from this requirement, in writing, by the Director of Public Works. 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 written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and development of a relocation plan. The City and TWTC 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 provide, upon written request from the City, at TWTC's 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 time frame 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 within 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 TWTC full and fair consideration. In the event the City ultimately determines 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 time frame specified by the City, 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 public improvement in or upon the rights -of -way. 5. If, during the construction, repair, or maintenance of the City's public improvement project, an unexpected conflict occurs from TWTC's facilities, TWTC shall, upon notification from the City, respond within 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 within 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 TWTC may be abandoned without the express written consent of the City. G. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, 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 TWTC's sole option, TWTC may provide alternate security in the form of an assignment of funds or a letter W: \Word Processing \Ordinances 2008 \tw telecom of washington Ilc Francfise.doc PH:ksn 5/6/2009 Page 3 of 8 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 obligations of this Franchise Agreement, and to repair or replace any defective TWTC work or materials discovered in the City's roads, streets, or property. H. "One- Call" Location Liability. TWTC 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 TWTC'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 TWTC 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 TWTC system components or for interruptions in service to TWTC customers resulting from work performed under a permit issued by the City. I. As -Built Plans Required. TWTC 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 TWTC pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. J. Recovery of Costs. TWTC 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 undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, TWTC shall pay such reasonable costs and expenses directly to the City. K. Vacation. If, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to TWTC, 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 TWTC by reason of such termination other than those provided for in RCW 35.99. Section 6. Franchise Compliance. A. Franchise Violations. The failure by TWTC 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 TWTC 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 TWTC's actions, or any failure by TWTC to act to correct a situation caused by TWTC, 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 TWTC 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 TWTC and give TWTC an opportunity to correct within a reasonable specified time, said threat, financial harm or delay before undertaking such corrective measures. W. \Word Processing \Ordinances 2008 \tw telecom of washington Ilc Franchise.doc PH:ksn 5/6/2009 Page 4 of 8 TWTC 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 TWTC and shall further be liable for all reasonable 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 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, TWTC 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 TWTC'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 this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, TWTC shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow TWTC to abandon its facilities in place. Section 7. Insurance. A. TWTC 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. Section 8. Other Permits Approvals. Nothing in the 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 written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment 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 TWTC to another person or entity controlling, controlled by, or under common control with TWTC. TWTC may license fibers to other users without the consent of the City W: \Word Processing \Ordinances 2008 \tw telecom of washington Ile Franchise.doc PH ksn 5/6/2009 Page 5 of 8 provided that TWTC remains solely responsible for the terms and conditions outlined in this Franchise Agreement. 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 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 (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. 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 the 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 TWTC submits a request for work beyond the scope of the original franchise, or submits a complex project that requires significant comprehensive plan review or inspection, TWTC shall reimburse the City for franchise amendment and expenses associated with 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 with a copy to: Tina Davis Senior VP Deputy General Counsel tw telecom of washington llc. 10475 Park Meadow Drive Littleton CO 80124 Email: tina.davis @twtelecom.com Phone: 303 566 -1279 W \Word Processing \Ordinances 2008 \tw telecom of washington Ilc Franchise.doc PH'ksn 5/6/2009 Lyndall Nipps VP Regulatory tw telecom of washington llc. 845 Camino Sur Palm Springs CA 92262 Email: lvndall.nioos @twtelecom. com Phone: 760 832 -6275 Page 6 of 8 Section 12. Indemnification. A. TWTC 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. TWTC 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 TWTC, its officers, 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 with the City that gives rise to TWTC's obligation pursuant to this section, the City shall within a reasonable time notify TWTC thereof and TWTC 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 TWTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TWTC 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, 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 the 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, TWTC 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 officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, subsection, paragraph, 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, TWTC 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 W: \Word Processing \Ordinances 2008 \tw telecom of washington Ilc Franchise doc PH.ksn 5/6/2009 Page 7 of 8 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. TWTC shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right -of -way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 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 in 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 TWTC's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory maruler as it pertains to TWTC and other similar user of such facilities. Section 17. Repealer. Ordinance No. 2227 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 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: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing \Ordinances 2008 \tw telecom of washington lie Franchise.doc PH ksn 5/6/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A Time Warner Telecom tw telecom of washing_ ton llc Fiber Optic Systems Project Description Exhibit B Franchise Agreement Acceptance form Page 8 of 8 EXHIBIT A Page 1 TWTC Fiber Optic System TWTC currently has a fiber optic system along Interurban Avenue South. On Interurban 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 infrastructure. The fiber optic system is located on East Marginal Way from Interurban Avenue South to South 133 Street. It continues east on South 133 Street to Interurban Avenue South. McLeod USA and tw telecom fiber optic systems are in common manholes at each tie -in point on Interurban Avenue South. Recently, TWTC expanded its fiber optic system to serve customers in the Commercial Business District. The new system starts from a vault on Interurban Avenue 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 Tukwila 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 Driver North then west on the north side of Corporate Drive North, and terminates into a telecommunications vault. W: \Word Processing \Ordinances 2008 \tw telecom of washington Ilc Franchise Exhibit A.doc ksn 05/06/2009 4 :588 S 94P1 8160 St Strander a Blvd Triland Dr S 180 St -a r y`P Q 0 i T o d l v� Map Legend Existing Fiber Street City Limits Waterbody S S 136 St I S152 9t S144St St d a p St 7I Q 515 St N TWTC Fiber Optic System Map o 5 156 St J ai y S 158 S 1-I1 I i 1 Tree Dr i -a v Midland Dr I 8 Cos Not to Scale A 3, S Date: February 3, 2009 Date: City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila WA 98188 Re: Ordinance No. Adopted on Dear Ms O'Flaherty: In accordance with and as required by Section 4 of City of Tukwila Ordinance No. passed by the City Council and approved by the Mayor on (the "Ordinance tw telecom of washington, llc hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Signature Printed Name and Title EXHIBIT B FRANCHISE AGREEMENT ACCEPTANCE FORM TWTC W: \Word Processing \Ordinances 2008 \tw telecom of washington He Franchise Exhibit A.doc ksn 05/06/2009 CITY COUNCIL City of Tukwila There are no updates for the Council goals during the first quarter. Per direction given at the Council Retreat in late February/early March, each goal will be assigned to a Council Committee for implementation and /or follow -up. Committee assignments have been made by the Council President, but have not yet been distributed to full Council for comment. BUDGET PROGRAM GOALS 1. Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different cultures represented within the Tukwila community: Awaiting Council Committee assignment. 2. Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential neighborhoods: Awaiting Council Committee assignment. 3. Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and Military Road: Awaiting Council Committee assignment. 4. Provide legislative support and encouragement to Tukwila residents living in rental communities through programs that hold owners and /or property managers accountable for providing safe places to live through the implementation of a rental licensing program: Awaiting Council Committee assignment. 5. Approve and implement standard operating procedures for the Council. Review and update procedures on a regular basis: Awaiting Council Committee assignment. 6. Support the implementation of City endorsed programs (i.e. Walk Roll Plan. Fire Master Plan. Parks Recreation Open Space Plan) through policy related decisions not associated with direct program funding: Awaiting Council Committee assignment. 7. Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budaets affecting human services programs and services: Awaiting Council Committee assignment. 8. Study the feasibility and implementation of televised City Council meetings: Awaiting Council Committee assignment. 9. Continue to foster relationships within local, regional and state entities that encourage opportunities for ioint partnership and outreach: Awaiting Council Committee assignment. 10. Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more familiar with the changing faces of communities and neighborhoods throughout the City: Awaiting Council Committee assignment. 11. Research the viability of sponsoring a City -wide Citizens' Academy: Awaiting Council Committee assignment. 12. Establish a process to provide updates to Council on issues that are brought forward at Council meetings during citizen comment opportunities: Awaiting Council Committee assignment. PUBLIC WORKS DEPARTMENT 2009 1 QUARTER SIGNIFICANT ISSUES FIRST QUARTER REPORT TO COUNCIL January 1 March 31, 2009 Prepared for Utilities Committee Jim Haggerton, Mayor Since being notified by the U.S. Army Corps of Engineers in February that there is an increased probability that the City will experience flooding because the Howard Hanson Dam will not be allowed to store as much water, City Departments have undertaken a massive planning effort and outreach program. Over 3,900 letters and facts sheets have been mailed to residents and businesses within the impacted area and an additional 500 letters and fact sheets have been hand delivered to residents within 2009 First Quarter Report Prepared for Utilities Committee Page 2 the Allentown, Foster Point, and Duwamish neighborhoods. The first public meeting was held March 28, 2009 and four additional public outreach meetings are scheduled in April. BUDGET PROGRAM GOALS Public Works Administration 1. Prepare and present a comprehensive City Facilities Uparade and Replacement Plan: Assessing options and discussing them with DCD. 2. Evaluate future arant fundina options available and propose a course of action to fund transportation proiects: Submitted TUC Access (Klickitat) Project to KCPEC and PSRC for the Regional Competition and made a presentation to KCPEC on March 31, 2009. 3. Implement the Emeraencv Manaaement Community Disaster Education (CDE) Proaram: In progress. Preparedness briefings are part of the Outreach Program for the Howard Hanson Dam planning effort. 4. Provide auarterly reports on emergency management issues: Ongoing. Mayor and Council are being regularly updated on all issues. 5. Hold auarterly community informational meetinas: Ongoing. Emergency Management briefing held at Foster High School on March 28, 2009 with approximately 50 people attending. Business Services 1. Create a more effective, cost efficient department proiectina and monitorina department costs: seeking more cost effective purchasing agreements with vendors: preparina the department's operation. maintenance and capital facilities budget using a "needs- basis" approach: Ongoing. 2. Review the feasibility of usina Council- approved Local Improvement Districts (LIDs) as a means of financing street improvement projects for residential and commercial areas: TUC Access (Klickitat) Project will be the first LID project since 1989. 3. Review "rate model" for establishing appropriate rates for water. sewer and surface water enterprise funds. Investigate the feasibility of a consumption -based sewer rate: Ongoing. Water Utility /Maintenance Operations General: 1. Track backflow prevention compliance for the annual Department of Health report usina the City's cross connection data Proaram: Data updates complete and preparing DOH reports. 2. Continue the remaining phase of the automatic meter read program in the residential areas: Remaining area, Allentown, is scheduled for the second quarter. 3. Implement a Proaram to test the accuracy of water meters 2- inches and larger into standard preventative maintenance procedures: Testing meters in the E Marginal Way area. 4. Monitor Water Use Efficiency efforts and provide an annual report: Reviewing information. Performance: 1. Install new water meters within 48 hours of the hook -up reauest: Goal being met. 2. Respond to water quality concerns within 24 hours: No requests received this quarter. 3. Test chlorine residual level bi- monthly: Goal being met as scheduled. 4. Test coliform levels bi- monthly: Goal being met. 5. Achieve 10 percent water savinas to meet Water Efficiency Goals established by the Municipal Water Law: Completed 10% for 2008 and evaluating 2009. 6. Regular testing of fire hydrants: To be scheduled in second quarter. General Engineering Services Water 1. Complete construction of Andover Park East Water main Replacement Proiect: Potholing and survey work underway. Design completion scheduled by fourth quarter. Sewer Maintenance Operations General: 1. Evaluate system -wide conditions for possible replacement and /or upgrade: Assessment completed with Infiltration Inflow work. 2. Review results of video logs to identify damaged areas and locations of possible infiltration /inflow: Review is complete and will be assembling repair plan. 2009 First Quarter Report Prepared for Utilities Committee Page 3 3. Implement a system for remote monitoring of lift stations response and corrective action can be achieved from a laptop computer: New software for updates will be ordered next quarter. Performance: 1. TV inspect 20.000 LF of pipe annually: Approximately 30% complete. 2. Clean 183.000 LF of pipe annually: Approximately 25% complete. 3. Clean and maintain 730 manholes annually: Approximately 25% complete. 4. Weekly monitoring of 10 sewer lift stations for pump hours, start counts, and generator operation: Being accomplished on a regular schedule. General Engineering Services Sewer 1. Complete construction of the Interurban Ave S Gravity Sewer Project: Potholing and survey work being coordinated with Interurban Ave S Roadway Improvements. Surface Water Maintenance General: 1. Participate in development of a multi -year small drainage project list: Design at 90% completion. 2. Provide field support to Engineering for GIS inventory: Continuing for Area 5. 3. Investigate through usage of TV, GIS and flushing tasks to find unmapped systems: Efforts are underway to begin TV work in areas that still need additional mapping. Performance: 1. TV inspect 15.000 LF of pipe: Scheduled to begin in second quarter. 2. Maintain /clean 3.500 LF of ditches and four large water quality ponds: Ditching is 95% complete. 3. Clean 1.400 catch basins, manholes and stormceptors: Performed with pipe work. 4. Maintain /clean 15,000 LF of storm lines: Will be performed with inspection efforts. 5. Conduct weekly monitoring of five storm lift stations for pump hours, start counts, and Generator operation: Being accomplished on a regular schedule. Surface Water General Engineering Services 1. Complete small drainage projects identified on the approved list for 2009 -2010: Design contract awarded. 2. Continue adoption and repair of the private storm systems that have been identified: Carrosino easement for TIB /S 112`" St vicinity presented to Utility Committee. 3. Continue development of the GIS as- builts of city infrastructure that complies with NPDES: Area 5 inventory underway. 1. support to the Friends of Tukwila Libraries to promote literacy in Tukwila: In progress.