ORD 17-836 - Amending Franchse Granted for Zayo GroupORDINANCE 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:
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