ORD 14-773ORDINANCE NO. 14 -773
AN ORDINANCE 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 public of
installing fiber optic network within the through the City of
Federal Way (Amending Ord. No. 13 -738).
WHEREAS, Zayo Group, LLC ( "Zayo ") is the owner of a fiber optic network located within
specific public rights -of -way throughout the City of Federal Way ( "the Franchise Area "); and
WHEREAS, the City Council of Federal Way on February 19, 2013 adopted Ordinance No.
13 -738 granting Zayo a franchise for the installation of fiber optic within the Franchise Area; and
WHEREAS, Zayo has negotiated a Conduit Space Lease Agreement with the City for
installation of additional fiber optic cables that will directly benefit the residents of Federal Way; and
WHEREAS, Zayo and the City wish to amend the franchise adopted in Ordinance No. 13-
738 to clarify 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 franchise; 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, conduits, wires
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 powers and authorities granted to Washington code cities by general law;
Ordinance No. 14 -773 Page I of 5
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment of Franchise Contained in Ordinance No. 13 -738
A. Section 2.1 of Ordinance No. 13 -738 is hereby amended as follows:
2.1 Grant of Franchise.
The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area
for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing
Facilities within the Franchise Area. This franchise is specifically limited to the right for Franchisee
to install Facilities owned and operated by Franchisee. This franchise does not permit Franchisee to
lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities to other
third -party telecommunications providers except as allowed by Section 2.2, below, and Franchisee
covenants and agrees that it will not do so.
B. Section 4 of Ordinance No. 13 -738 is hereby amended as follows:
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be f a period often (1 0) v„«s eemmeneing on the e ffeetive date of this Fr- anehise
expire on August 31, 2024 ( "Term "), unless terminated earlier pursuant to this Franchise or other
applicable law.
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.
Ordinance No. 14 -773 Page 2 of 5
Section 3. Severability
If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise.
Section 4. Corrections
The City Clerk and the codifiers of this ordinance are authorized to make necessary
corrections to this ordinance including, but not limited to, the correction of scrivener /clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 5. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 6. Effective Date
This Franchise shall take effect and be in full force thirty (30) days after its passage and
publication, according to law (see Effective Date below).
PASSED by the City Council of the City of Federal Way this 2nd day of September, 2014.
ATTEST:
�.
CITY OF FEDERAL WAY
ORvJIM FERREL
Ordinance No. 14 -773 Page 3 of 5
APPROVED AS TO FORM:
"
NTERIMff tY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 08 -05 -2014
PASSED BY THE CITY COUNCIL: 09 -02 -2014
PUBLISHED: 09 -05 -2014
EFFECTIVE DATE: 10 -02 -2014
ORDINANCE NO. 14 -773
Ordinance No. 14 -773 Page 4 of 5
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the Franchise as amended
above, and acknowledges 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.
h
DATED this day of S , 2014.
By:
Its: SSoc i a e �,u -ti.% Ca,.n�
Ordinance No. 14 -773 Page 5 of 5