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