ORD 05-496
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ORDINANCE NO. 05 - 496
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, AMENDING
ORDINANCE NO. 05-485 TO EXTEND THE PERIOD OF
ACCEPTANCE FOR ORDINANCE NO. 05-485
GRANTING VSNL TELECOMMUNICATIONS (US),
INC., A DELAWARE CORPORATION, A
NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-
OF-WAY OF THE CITY OF FEDERAL WAY,
WASHINGTON, FOR THE PURPOSES OF
MAINTAINING, REPAIRING, AND RESTORING A
FIBER OPTIC COMMUNICATIONS SYSTEM WITHIN
AND THROUGH THE CITY OF FEDERAL WAY.
WHEREAS, VSNL Telecommunications (US) Inc., a Delaware corporation,
("VSNL") requested a franchise from the City of Federal Way, in order to maintain,
repair, and restore a portion of Williams Communications' fiber optic communications
system within the Military Road right-of-way; and
WHEREAS, on August 1,2000, the City Council enacted Ordinance No. 00-371,
granting Williams Communications a nonexclusive franchise to occupy rights of way within
the City for the purposes of installing, constructing, maintaining, repairing, and restoring a
fiber optic communications system within the City; and
WHEREAS, Section 24.3.1 of the Williams Communications' fnmchise requires
that Williams Communications obtain the City's approval before transferring or assigning
any portion of the communications system under the franchise Ordinance No. 00-371; and
WHEREAS, Williams Communications and Tyco entered into a joint build
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agreement whereby Tyeo took title to four (4) of the ducts installed; and
WHEREAS, Tyco and certain atllliates of VSNL entered into a Stock and Asset
Purchase Agreement on November I, 2004, under which the VSNL affiliates will aequire
the Tyco Global Network; and
WHEREAS, on April 19, 2005, the City Council enacted Ordinance No. 05-485,
granting VSNL Telecommunications (US), Inc. a nonexclusive franchise to oecupy rights of
way within the City for the purposes of installing, constructing, maintaining, repairing, and
restoring a fiber optic communications system within the City (the Franchise Agreement);
and
WHEREAS, the transfer of the Tyco Global Network to the VSNL affiliates has not
yet been completed, but is scheduled to oceur during the month of June, 2005; and
WHEREAS, VSNL has no authority over the Tyco Global Network or authority to
accept the Franchise on behalf ofthe VSNL affiliates until the transfer is complete; [md
WHEREAS, the City Council of Federal Way finds it is in the public interest to
extend the acceptance period to allow for the completion of the transfer of the Tyco Global
Network to the VSNL affiliates before requiring acceptance by the VSNL aftiliates (the
Amendment);
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Amendment. Section 2 of Ordinance No. 05-485 IS hereby
mncnded as follows:
Grant/Acceptance
2.1 Grant of Franchise. The City hereby grmlts to Franchisee the nonexclusive
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right to enter upon the Franchise Area for the limited purpose of installing ,md maintaining
the fiber nmning through the Facilities within the Franchise Area. This franchise is
specifically limited to the right for Franchisee to maintain Facilities owned mld operated by
Franchisee. Franchisee may not provide cable television or open video system services,
unless it first obtains a cable television franchise or open video system franchise or
agreement from the City.
2.2 Acceptance by Franchisee. Franchisee shall have no rights under this
Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise,
unless Franchisee shall, within thirty (30) days aft:er the effective date of this Franchi~;ehY
July 25,2005, file with the City its written acceptance of this Franchise and all of its
terms and conditions.
Section 2.
Full Force and Effect.
All other terms and conditions of the Frmlchise Agreement not modified by this
Amendment shall remain in full force and effect.
Section 3.
Severability
If any section, sentence, clause, or phrase of this Amendment should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not afIeet the validity or constitutionality of any other section,
sentence, clause or phrase of this Franchise.
Section 4.
Ratification
Any act consistent with the authority and pnor to the effective date of this
Amendment is hereby ratifIed and affirmed.
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Section 5.
Effective Date This ordinance shall take effect and be in force 30
days from the time of its final passage, as provided by law, provided it has been duly
accepted by Franchisee as herein provided above.
PASSED by the City Council of the City of Federal Way this !9tWay of
July
,2005.
CITY OF FEDERAL WAY
APPROVED AS TO FORM:
cfJ~~U~N-
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ACCEPT ANCE:
5/25/2005
7/19 /2005
7/23/2005
8/18/2005
05-496
K:\Tc1ecom\VSNL Franchise\Amendmcnt
Ordinance No. 05 - 496
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