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ORD 17-836ORDINANCE NO. 17 -836 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 purposes of installing fiber optic network within and through the City of Federal Way (Amending Ordinance Nos. 13 -738 and No. 14 -773). 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, on February 19, 2013 the City 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, on September 2, 2014 the City adopted Ordinance No. 14 -773 modifying Section 2 of Ordinance No. 13 -738 to extend the term of the Franchise to coincide with the term of the Conduit Space Lease Agreement; and WHEREAS, Zayo and the City wish to amend the franchise adopted in Ordinance No. 13- 738 and modified by Ordinance No. 14 -773 to add language to Section 5 regarding variance procedures; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to amend such franchise; and Ordinance No. 17 -836 Page 1 of 5 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. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment of Franchise Contained in Ordinance No. 13 -738. A. Section 5.1 of Ordinance No. 13 -738, as previously modified by Ordinance No. 14 -773, is hereby amended as follows: 5.1 Location. The Facilities permitted by this Franchise shall be installed underground, except as approved per the Variance Procedures established in Section 11.05.080 of the Federal Way Revised Code (FWRC). The location of the Facilities, including any underground Facilities and appurtenances, their depths below surface of ground or grade of a right- of -way, and any related existing equipment (such as cellular antennae) to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities. Upon written request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. Ordinance No. 17 -836 Page 2 of 5 Section 2. Remainder of Franchise Ordinance Unaffected. Except as amended in Section 1 above, the remainder of Ordinance No. 13 -738, as modified by Ordinance No. 14 -773, shall be unaffected, and its provisions shall remain in full force and effect. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 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 ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 20th day of June, 2017. [Signature page follows] Ordinance No. 17 -836 Page 3 of 5 ATTEST: ANIE COURTNEY C, CITY CLERK APPROVED AS TO FORM: JgC J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 06/02/2017 PASSED BY THE CITY COUNCIL: 06/20/2017 PUBLISHED: 06/23/2017 EFFECTIVE DATE: 07/23/2017 ORDINANCE NO.: 17 -836 Ordinance No. 17 -836 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. DATED this day of , 20. By: Its: Ordinance No. 17 -836 Page 5 of 5