Ord 01-386
ORDINANCE NO.
nl-1Rh
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING ORDINANCE NO. 99-359 AND THE
NONEXCLUSIVE FRANCHISE GRANTED THEREIN TO SPRINT SPECTRUM,
L.P., A DELAWARE LIMITED PARTNERSHIP, TO OCCUpy RIGHTS-OF-WAY
OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED
FRANCHISE AREA FOR THE PURPOSES OF INSTALLING, CONSTRUCTING,
MAINTAINING, REPAIRING, AND RESTORING A FIBER OPTIC
COMMUNICATION CABLE WITHIN AND THROUGH THE CITY OF FEDERAL
WAY.
WHEREAS, Sprint Spectrum, LP., a Delaware limited partnership ("Sprint
Spectrum"), is the owner of wireless telecommunications antennae located on Bonneville Power
Administration ("BP A") towers located north of South 320'h Street and east oflnterstate5, and at the
corner of S. 324'h Street and Pacific Highway South (SR 99) in Federal Way; and
WHEREAS, the City Council on December 7, 1999 adopted Ordinance No. 99-359,
granting Sprint a franchise for installation of underground conduit containing power and fiber optic
cable within specific City rights-of-way, in order to connect Sprint's wireless antennae to the power
system and switched telephone network; and
WHEREAS Sprint has entered into a Site Lease Agreement dated January 2,2001
with the City for installation of additional wireless antennae on a BP A tower located northeast of 14th
Way SW; and
WHEREAS, Sprint wishes to amend the franchise adopted in OrdinanceNo. 99-359,
to permit it to install underground conduit containing power and fiber optic cable within the right-of-
ORD # 01-386
,PAGEl
t~~1(
way of 12th Avenue SW, in order to connect Sprint's wireless antennae to be located northeast of 14th
Way SW to the power system and switched telephone network; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to
amend such franchise, in order to permit Sprint's installation within 12th Avenue SW and to clarify
the rights and duties of Sprint Spectrum; 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 fianchise, 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,
t ¡
W ASHlNGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Amendment of Franchise Contained in Ordinance No. 99-359
A. Section 1.6 of Ordinance No. 99-359 is hereby amended to read as follows:
1.4
"Facilities" means an underground fiber optic telecommunication line, and any
appurtenances necessary to connect the line to the US West switched telephone network......!!§.
specifically depicted in such plans approved by the City of Federal Way Public Works Director as
part of the issuance of a right-of-way use permit or other approval.
B. Section 1.6 of Ordinance No. 99-359 is hereby amended to read as follows:
1.6
"Franchise Area" means only that portion of the South 320th Street, S. 324th Street,
aIKI.lGF SR 99, and 12th Avenue SW rights-of-way located in the City of Federal Way and shown in
ORD # 01-186
, PAGE 2
Exhibit A attached hereto, andlor any other areas approved by the Federal Way City Council and
incorporated into this Ordinance via amendment.
Exhibit A is amended by the addition of site plan attached as Exhibit A hereto.
C. Section 5.1 of Ordinance No. 99-359 is hereby amended to read as follows:
5.1
Location. The fiber optic line permitted by this Franchise shall be installed
underground, in a location determined by the Director as part of the issuance of a right-of-way
use permit or other construction approval. The location of the Facilities, including the
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 ofthe 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.
D. Section 8 of Ordinance No. 99-359 is hereby amended to read as follows:
Franchisee shall not utilize open cut or open trench construction methods for installing
Facilities, unless: (1) required by an emergency; or (2) unless boring is not technically feasible
and permission is first obtained from the Director of Public Works. In the event that Franchisee
utilizes open cut or open trench construction methods, +!he Franchisee shall not excavate for a
distance of more than one hundred feet (100') without immediately backfilling and compacting to
surface grade and city standards. Backfilled trench areas within a driving lane must be patched,
either temporarily or permanently, before the end of the work day in which they have been
opened. Trench areas within the right-of-way, but not with in a driving lane, must also be
ORD # 01-386
,PAGE 3
patched within the time limits specified by the City on the right-of-way use permit. Final surface
restoration shall be completed within thirty (30) days and shall be equal to or better than the
surface condition prior to permit issuance. As part of final surface restoration, Franchisee shall
install new asphalt overlay for a minimum distance of 300 feet from the cut or trench on both
sides of the cut or trench (i.e., a total distance of 600 feet), UIlless a shorter distance is approved
by the Director. In the event that the City adopts a street or pavement degradation fee by
ordinance, at the option of the City, Franchisee shall pay such fee in lieu of installing the new
asphalt overlay required by this Section.
follY aDphalt overlay completed n¡ithin tHe Franehise f.rea during the fiye (5) year period
immediately prior to the date of permit applieation shall not be open ell! by FranehiseellHless
required by an emergeney and sllbjeet to t-he provisions of SlIbseeticm 7.2 above. Franehisee
shall install new asphalt overlay on any str-eet that is open ell!, vm.etHer in an emergeney or
othewise, for a minim\Hll of ORe (I) bloek (approximately 5()() feet) in length in botH dir-eetions
.
from the open eut, unless determined other"'ise by the Direetor.
Within fifteen (15) days of completion of any installation of Franchisee's Facilities within
the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional
Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities.
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.
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
ORD # Ol-1R/;
, PAGE 4
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise.
Section 4.
Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is
hereby ratified and affirmed.
PASSED by the City Council of the City of Federal Way this
1rd
day of
April
, 2001.
CITY OF FEDERAL WAY
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A YOR Ml ,/
EN, CMC
APPROVED AS TO FORM:
---/lJ¡t; C ~
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 03/13/01
PASSED BY THE CITY COUNCIL: 04/03/01
PUBLISHED: 04/07/01
EFFECTIVE DATE: 05/03/01
ORDINANCE NO. 01-386
K,ltelocom"print""ondfm.do<
ORD # 01-386
, PAGE 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
tenus, conditions and obligations contained above and in Ordinance No. 99-359.
DATED this - day of
, ZOO!.
SPRINT SPECTRUM
By: 1ßtIø( ~
Its:
Sprint Spectrum loP.
George Ghantous
Site Development Director
j¡
ORD # 01-386
, PAGE 6
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SITE LEASE AMENDMENT AGREEMENT
THIS SITE LEASE AMENDMENT AGREEMENT is entered into this - day of
,2001, by and between the CITY OF FEDERAL WAY, WASHINGTON, a municipal
corporation (hereinafter "City") and SPRINT SPECTRUM loP., a Delaware limited partnership,
with its principal office located at 4683 Chabot Drive, Suite 100, Pleasanton, California 94588
(hereinafter "Tenant").
On January 2,2001, City and Tenant entered into a Site Lease Agreement, whereby Tenant
leased from City space on and air-space above City-owned property, for installation and operation
of certain telephony wireless communications service, including wireless telephone antennae and
seven (7) equipment cabinets. Paragraph 27(b) of the Site Lease Agreement provides that any
modification or amendment to the Site Lease Agreement must be in writing and signed by both
parties.
Tenant and City wish to amend the January 2, 200 I Site Lease Agreement to include within
the portion of the leased property space for installatirn of underground conduit containing power
and fiber optic cable to connect Tenant's Equipment to the power system and switched telephone
network.
Therefore, in consideration of their mutual covenants, the parties agree that the January 2,
2001 Site Lease Agreement shall be amended as follows:
I. Unnumbered First Paragraph Amended The first, unnumbered paragraph, page 1, shall
be amended as follows:
City is the owner in fee simple of public open space located in the City legally described on
the attached Exhibit A ("City Property "). Tenant desires to lease space on and air-space above the
City Property, as described below, for the installation and operation of certain equipment which
include antennas, connecting cables and seven (7) equipment cabinets to be used by Tenant and
appurtenances (collectively, "Equipment") for use in connection with its operation of telephony
wireless communications service more specifically identified as personal communicA.tions service
("PCS"). Tenant also desires to lease space under the Citv Property, as described below, for the I
installation of underground conduit containing power and fiber optic cable to connect Tenant's
Equipment to the power system and switched telephone network.
2. Exhibits B and C Amended The drawings attached hereto shall be added to, and be
considered part of, Exhibits B and C attached to and referenced in Paragraph I of the January 2,
2001 Site Lease Agreement.
3. Remainder of Site Lease Agreement Unaffected The remainder of the January 2, 2001
Site Lease Agreement, including any provision not specifically referenced or amended herein, shall
be unaffected and shall remain in full force and effect.
-1-
This Amendment to Site Lease Agreement was executed as of the date fiTst set forth above.
CITY OF FEDERAL WAY
SPRINT SPECTRUM LP., by
Its Managing General Partner
By:
David H. Moseley
Its: City Manager
By:
Title:
APPROVED AS TO FORM:
Bob C. Sterbank, City Attorney
-2-
MAR. 15.2001
1: 33AM
NO. 1374
P. 3
This Amendment to Site Lease Agreement was eXt(uted as of the date first set forth above.
CITY OF FEDERAL WAY
SPRINT SPECTRUM LP.,
By:
David H. Moseley
Its: City Manager
tf7ffIIý {/Ía 4d
By:
Title:
Sprint Spectrum L.P.
Geor¡¡:e Ghantou.
Site Development Director
APPROVED AS TO FORM:
Bob C. Sterbank, City Attorney
~
.2-
MAR. 15.2001
1: 33AM
NO,1374
P. 4
STATE OF O«kfDrn¡'a
COUNTY OF itlamét;/6"f
)
) ss.
)
On ~ersO!lalIY appeared before me, the undersigned, a
the State of 'rfZltJ , duly commissioned an ~ 0 ,
, to me known to be
of the Managing General Partner of Sprint Spectrum LP., the Delaware Ii 'tOO partnership that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said partnership, for the uses and pwposes therein mentioned, and on
oath stated that he/she was authorized to execute said instrument on behalf of said pannership.
GIVEN my hand and official seal this
~2œ1
day of ltbf'tJ4r!t
(si ture of notary)
{;rhPe N. f?MJ
(typcdlprinted name of n
Notary Public in and for th State of
My commission expires:
STATE OF WASHINGTON
)
) ss.
)
COUNTY OF KING
On this day personally appeared before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, David H. Moseley, to me known to be
the City Manager of the City of Federal Way, the Washington municipal corporation that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute said instrument.
GIVEN my hand and official seal this _day of
,2000.
(notary signature)
K:\tel<eomlsprint>itdsc2.doc
(typed/printed name of notary)
Notary Public in and forthe State of Washington.
My commission eJ\pires:
-3-
AMENDED EXHIBIT B
Site Location Within the Premises
The attached drawing shall be added to and become part of Exhibit B to the January 2, 200 I
Site Lease Agreement.
B-1
AMENDED EXHIBIT C
Site Plan
(Including Location of Equipment Boxes)
The following drawing shall be added to and become part of Exhibit C to the January 2,
200 I Site Lease Agreement.
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