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FEDRAC PKT 07-22-2014 Addition THE OLLOWING MEMO WAS DID TRIBUTED AT THE 07/2 /14 FEDRAC MEETING TO S PPORT AGENDA LINE ITEM B. l ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE NONEXCLUSIVE FRANCHISE GRANTED TO ZAYO GROUP, LLC, TO OCCUPY RIGHTS -OF -WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLING FIBER OPTIC NETWORK WITHIN AND THROUGH THE CITY OF FEDERAL WAY (Amending Ord. No. 13 -738). WHEI' AS, Zayo Group, LLC ( "Zayo ") is the owner of a fiber optic network located within specific publ c rights -of -way throughout the City of Federal Way ( "the Franchise Area "); and WHEW AS, the City Council of Federal Way on February 19, 2013 adopted Ordinance No. 13 -738 grant ng Zayo a franchise for the installation of fiber optic within the Franchise Area; and WHE' AS, Zayo has negotiated a Conduit Space Lease Agreement with the City for installation o additional fiber optic cables that will directly benefit the residents of Federal Way; and WHE' AS, Zayo and the City wish to amend the franchise adopted in Ordinance No. 13- 738 to clari Section 2 and to extend the term of the Franchise to coincide with the term of the Conduit Space Lease Agreement; WHEREAS, the City Council of Federal Way finds that it is in the public interest to amend such " anchise; and WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive franchises for the use of public streets, bridges or other public ways for, inter alia, Ordinance No. /4- Page 1 of 5 conduits, wi - s and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such other p e wers and authorities granted to Washington code cities by general law; NO THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHING ON, DOES HEREBY ORDAIN AS FOLLOWS: Secti i n 1. Amendment of Franchise Contained in Ordinance No. 13 -738 A. S ction 2.1 of Ordinance No. 13 -738 is hereby amended as follows: 2.1 Grant of Franchise. The I ity hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limite I purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities wit 'n the Franchise Area. This franchise is specifically limited to the right for Franchisee to install Fac' lities owned and operated by Franchisee. This franchise does not permit Franchisee to lease, rent, o otherwise allow use of conduits, space or capacity provided by the Facilities to other third -party to ecommunications providers except as allowed by Section 2.2, below, and Franchisee covenants an. agrees that it will not do so. B. Section 4 of Ordinance No. 13 -738 is hereby amended as follows: Secti•n4. Term Subje t to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise sh.11 . .. - ! . - _ ' .. - . - - .. - ex . ire on Au • ust 31 2024 ( "Term "), unless terminated earlier pursuant to this Franchise or other applicable la . Ordinance No. 4- Page 2 of 5 Section 2. Remainder of Franchise Ordinance Unaffected Except as amended in Section 1 above, the remainder of Ordinance No. 99 -359 shall be unaffected, and its provisions shall remain in full force and effect. Sect' i n 3. Severability If an section, sentence, clause, or phrase of this Franchise should be held to be invalid or unconstituti I nal by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the v. lidity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 4. Ratification Any . ct consistent with the authority and prior to the effective date of this Franchise is hereby ratified and . ffirmed. Secti n 5. Effective Date This ranchise shall take effect and be in full force thirty (30) days after its passage and publication, ., ccording to law (see Effective Date below). PAS' ED by the City Council of the City of Federal Way this day of , 2014. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLE' , CAROL MCNEILLY, CMC Ordinance No. 4- Page 3 of 5 APPROVE 1I AS TO FORM: INTERIM CI TY ATTORNEY, AMY JO PEARSALL FILED WIT THE CITY CLERK: PASSED B THE CITY COUNCIL: PUBLISHE U : EFFECTIV : DATE: ORDINAN S E NO. Ordinance No. 4- Page 4 of 5 ACCEPTA CE: The ! ndersigned hereby accepts all the rights and privileges of the Franchise as amended above, and a that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained above and in Ordinance No. 13 -738. DATED this day of 2014. By: Its: Ordinance No 14- Page 5 of 5