HomeMy WebLinkAboutORD 4896CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4896
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
GRANTING UNTO XO WASHINGTON INC., A WASHINGTON
CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT,
PRIVILEGE, AUTHORITY AND FRANCHISE TO INSTALL FIBER
OPTICS CABLE UNDERGROUND TOGETHER WITH
APPURTENANCES THERETO, UPON, OVER, UNDER, ALONG, AND
ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF
RENTON FOR THE PURPOSE OF INSTALLING INFRASTRUCTURE TO
OPERATE AS A BROADBAND DIGITAL COMMUNICATION
PROVIDER AND CARRIER UTILIZING SWITCHING AND FIBER
OPTIC FACILITIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION I. Grant of Franchise:
There is hereby given and granted unto XO Washington, Inc., a Washington Corporation,
its successors, and assignees for a period of 10 years from the effective date of this franchise, the
rights, privileges, and authority to provide telecommunications service to persons with the City
and lay down, construct, operate, maintain, replace, alter, remove and repair one or more
communication lines, together with all equipment, support structures and appurtenances
(franchisees' systems), for the telecommunications under, along, over, below and through certain
pubhc right-of-way and other pubhc lands within the City of Renton.
The following City Code Sections shall apply to this agreement in their entirety:
City Code 5-19-05
5-19-09
5-19-10
5-19-11
5-19-12
SECTION II. Non-Exclusive Franchise, Section 5-19-5.E:
This Franchise is granted upon the express condition that it shah not be deemed or held to
be an exclusive franchise in, along, over, through, under, below or across any of said pubhc rights-
of-ways, public thoroughfares, sidewalks, and utility easements within the City of Renton. Such
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ORDINANCE NO. 4896
franchise shall in no way prevent or prohibit the City of Renton or its tenants from using any of
said roads, streets or other pubhc or tenant properties or affect its jurisdiction over them or any
part of them. The City of Renton retains full power to make all necessary changes, relocations,
repairs, maintenance, estabhshment, improvement, and dedication of same as it may deem fit
including the dedication, estabhshment, maintenance and improvement of all new rights-of-ways
and thoroughfares and other public properties of every type and description. XO Washington
Inc., as Grantee herein, agrees and covenants at its sole cost and expense to protect, support,
temporarily disconnect, relocate or remove from any street any of its installations when so
required by the City of Renton, upon not less then ninety (90) days prior written notice. Cause for
the City of Renton to issue such notice include, but are not limited to, traffic conditions, pubhc
safety, street vacations, dedications of new rights-of-ways and the estabhshment and improvement
thereof, freeway construction, change of estabhshment of street grade or the construction of any
pubhc improvement or structure by Government agency acting in a Government capacity. The
Franchise shall in all such cases have the privilege to temporarily by-pass, in the authorized
portion of the same street, upon approval by the City of Renton, any section of the System
required to be temporarily disconnected or removed.
SECTION III. Location of Facilities:
The location of facilities shall be underground or in accordance with Sections 5-19-5.1.1 -
4 as conditions warrant.
SECTION IV. Construction Permit, Section 5-19-10.C:
A construction permit application with three (3) sets of plans is required for each
proposed project. All construction, and installation of work wherever same crosses any of the
pubhc properties shall be done under the supervision of the duly authorized representative of the
Planning/Building/Pubhc Works Administrator, and Grantee shall timely submit unto the Pubhc
Works Administrator, prior to any such work, detailed plans and specifications of any proposed
work. The location of any permit on pubhc property in a street, municipal airport, or other pubhc
area shall be subject to approval of the Pubhc Works Administrator or his or her authorized
representative and such approval shall be provided in writing. The Grantee shall further inform
the City of any time or date that the Grantee is performing work within the franchised area to
allow the City to inspect such work. Work within City streets shall be accomplished through
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boring rather than open trenching whenever reasonably feasible. New facilities installed within
City rights-of-way shall be located outside of the street travel and parking lanes, whenever
reasonably feasible. The construction permit fee is stated in Section XVIII of this agreement
document.
SECTION V. System Components:
All components of the System and other components of any communication line, to be
placed within any street right-of-way, municipal airport, or other pubhc property shall be
designated, manufactured and installed in accordance and in full comphance with industry
standards and apphcable ordinances.
Placement of conduit in street crossings shall be PVC schedule 80 or steel conduit.
Schedule 40 PVC is acceptable in areas outside the roadway.
SECTION VI. Permanent Records. Section 5-19-10.M:
The Grantee shall at all times keep full and complete plans, profiles and records showing
the location, installed depth and size of all its installations and systems wherefore laid in the City
and hereafter installed. Such plans and records shall be kept current by the Grantee. As-built
plans and records shall be available to the City at all times upon request. A telephone contact
number for requested plans shall be supplied to the City and kept current.
SECTION VII. Planning for Construction:
During any period of construction, all surface structures, if any, shall be erected and used
in such places and positions within said pubhc right-of-way, and other pubhc properties so as to
interfere as little as possible with the free passage of traffic and the free use of adjoining property
and tenants and Grantee shall at all times post and maintain proper barricades during such period
of construction as required by the laws and statutes of the state of Washington. The Grantee shall
avoid the use of arterials as designated by the City of Renton and recently constructed or paved
overlaid streets as much as possible. Specific route ahgnments are subject to approval by the City
via the construction permitting process. All components of the System constructed and installed
by the Grantee underground within the City of Renton shall be located in approved locations,
buried and installed to a depth of not less than three feet and as otherwise provided for in the
aforesaid Code, the laws of the state of Washington, and the ordinances of the City of Renton,
now or hereafter in force, regulating such installations.
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Grantee shall establish and maintain at all times adequate facilities on the portion of each
of the systems installed under the authority of this franchise, and elsewhere on the system, to
promptly localize operating troubles and to minimize the effects thereof, whether on City streets
or on their use by the pubhc.
All truck, vehicles and equipment working in City right-of-way, shall be marked with
company logo, including company name and phone numbers.
Approved traffic control plans shall be utilized for each installation when working in the
public right-of-way (Section 5-19-1 l.F). The Grantee shall be responsible for all work by their
contractor meeting the requirements of the Manual on Uniform Traffic Control Devices
(MUTCD) for all work within the pubhc right-of-ways.
The Grantee shall be responsible for notifying the Valley Communication Center for any
street closures, a minimum of 24 hours prior to said closure.
The Grantee shall subscribe to and maintain membership in the regional "One-Call" utility
location service and shall promptly locate all of its lines upon request.
SECTION Vlll. Restorat ion and Repair of Facilities. Section 5-19-10.H:
Grantee, its successors and assignees, hereby agrees and covenants to promptly repair any
damage to City or tenant property of every type and nature and all other City or tenant
improvements caused by failure of Grantee's work during the life of this Franchise. Should it be
necessary to make any excavation within any public right-of-way, in the laying, constructing,
maintenance, removing, replacing, altering or repairing of all or any portion of the system,
Grantee shall without delay and at Grantee's sole cost and expense, restore the surface of said
right-of-way or other pubhc or tenant property to at least the same condition immediately prior to
any such installation and construction. In case of damage by the Grantee to said streets, avenues,
roads, alleys, lanes, pubhc places and ways, to the pavement, turnouts, gutters, ditches, walks,
poles, pipes, plantings, rail, bridges, trestles, wharves or landings, and/or other appurtenances and
improvements, the Grantee shall immediately repair all damage at its sole cost and expense.
Grantee shall comply with all ordinances and regulations of the City of Renton, Washington,
regarding such excavation and whenever deemed necessary by the Pubhc Works Administrator
shall be required to post a performance bond in favor of the City warranting, among other things,
that such restoration work will be done promptly to as good a condition as existed before the
work was undertaken, unless otherwise directed by the City.
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Where concrete encased recorded monuments have been disturbed or displaced Grantee
shall restore the monument to federal state and local standards and specifications.
All restoration of pubhc streets, sidewalks and other amenities shall conform to current
City of Renton Standard Specifications for Road, Bridge and Municipal Construction and the City
of Renton's Trench Restoration Standards. As a condition of receiving the right to work within
the public right-of-way, XO Washington, Inc. shall assume full responsibility for using materials
and installation methods that are in full comphance with City Standards and shall verify this by
submittal of documentation of materials and testing reports when requested by the City. All costs
for performing on-site testing, such as compaction tests, shall be borne by XO Washington, Inc.
SECTION IX. Hold Harmless Agreement:
The Grantee, its successors and assignees, agrees and covenants to mdemnify and hold
harmless the City of Renton from and against any and all habihty, loss cost, damage, whether to
persons or property, to the extent it arises from any neghgent act or omission or willful
misconduct of Grantee, its successors and assigns arising from or connected to the Grantee's
work under this Franchise, provided, however, that in case any suit or action is instituted against
the City by reasons of any such damage or injury, City shall (i) cause written notice thereof to be
given unto Grantee, (ii) give all reasonably requested assistance in defense or settlement of such
claim at Grantee expense, and (hi) grant the right to control the defense or settlement of such
claims.
SECTION X. Liability Insurance. Sections 5-19-10.O, P, Q and R:
XO Washington, Inc. shall maintain in full force and effect throughout the term of this
franchise agreement, Comprehensive General Liability insurance coverage, inclusive of umbrella
coverage, insuring both the Grantee and the City and its elected and appointed officers, officials,
agents and employees as additionally insured as follows:
1. Comprehensive general habihty insurance, inclusive of umbrella coverage, with limits not
less than:
a. Five milhon dollars ($5,000,000) for bodily injury or death to each person;
b. Five milhon dollars ($5,000,000) for property damage resulting from any one
accident;
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2. Automobile liability insurance for owned, non-owned and hired vehicles, inclusive of
umbrella coverage, with a limit of three milhon dollars ($3,000,000);
3. Worker's compensation with statutory limits and employer liability insurance, inclusive of
umbrella coverage, with limits of not less than one milhon dollars ($1,000,000); and
4. Comprehensive form premises - Operations, explosions and collapse hazard, underground
hazard and products completed hazard, inclusive of umbrella coverage, with limits of not
less than three million dollars ($3,000,000).
The Grantee shall submit to the City Clerk evidence that it has in full force and effect and
shah keep in full force and effect during the life of the Franchise, pubhc habihty insurance naming
Grantee and the City of Renton as additional insured with coverage as stated above.
It is hereby understood and agreed that this policy may not be canceled nor the intention
not to renew be stated until 30 days after receipt by the City, by registered mail, of a written
notice addressed as required by such intent to cancel or not renew.
After receipt by the City of said notice, and in no event later than ten days prior to said
cancellation, the Grantee shall obtain and furnish to the City replacement insurance policies
meeting the requirements of this section.
SECTION XI. Revocation or Termination of Grant, Sections 5-19-10.U and V:
For the purpose of compelling comphance by the Grantee with all the terms and conditions
of this Franchise and the maintenance of said System and facilities in good condition, City retains
the right to end and terminate and fully forfeit the Franchise herein granted, within (30) thirty days
after written notice unto the Grantee, whenever the Grantee fails to comply with any of the
material terms and conditions hereof, provided that Grantee has a reasonable length of time in
which to cure such noncompliance. Upon forfeiture the City shall have the right to require the
Grantee to remove any and all of its systems within the City of Renton, all at the Grantee's cost
and expense, and to promptly and timely restore all roads and other pubhc properties to the
condition immediately prior to any such forfeiture and termination.
However, the Grantee may apply to the city for an extension of time to comply due to
unavoidable delays and events beyond its control. The extension of time will not be unreasonably
withheld as determined by the City.
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SECTION XII. Reservation of Rights, Section 5-19-12.D:
The Grantee acknowledges that its rights hereunder are subject to the legitimate rights of
the pohce power of the City at all times and the City shall enforce general ordinances necessary to
protect the safety and welfare of the pubhc. The Grantee agrees to comply with all apphcable
general laws enacted by the City as long as such regulations do not increase the burden or impair
the rights of the franchise hereunder.
The laying, construction, installation, maintenance and operation of the System and
facilities in connection therewith shall not preclude the City of Renton, its authorized agents,
contractors and representatives from blasting, grading, excavating or doing other necessary or
pubhc works over, unto, abutting, or contiguous to Grantee's System provided, however, that
Grantee shall be given ten (10) working days written notice of any such blasting, grading, or
excavating so that the Grantee may take proper steps to protect its communication line and
facilities.
The parties agree that this Franchise is intended to satisfy the requirements of all
apphcable laws, administrative guidelines, rules, orders and ordinances (the "Law"). Accordingly,
any provision of this Franchise or any local ordinance, which may conflict with or violate the Law,
shall be invalid and unenforceable, whether occurring before or after the execution of this
Franchise, it being the intention of the parties (i) to preserve their respective rights and remedies
under the Law, and (ii) that the execution of this Franchise does not constitute a waiver of any
rights or obligations by either party under the Law. The provisions of this Franchise shall be
apphed to all telecommunications providers in a competitively neutral and nondiscriminatory
manner.
SECTION XIII. Damage, Injury or Loss, Section 5-19-10.K:
Except for damage, injury or loss caused by the City of Renton, the Grantee shall have no
recourse whatsoever against the City of Renton for any loss cost, expense, or damage arising out
of any provision or requirement of this Franchise or the enforcement thereof. This Franchise does
not relieve the Grantee of any requirement of any City ordinance, rule or regulation, or
specification of the City, including but not limited to any requirement relating to street work,
street excavation permits and fees therefore, or the use, removal or relocation of property and
streets. No privilege nor exemption is granted or conferred unto the Grantee by this Franchise
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except those specifically prescribed herein, and any such privilege claimed under this Franchise by
the Grantee in any street shall be subordinate to any prior lawful occupancy of the street or any
subsequent improvement or installation therein.
SECTION XIV. Discontinued Franchise. Section 5-19-10.1.1-5:
In the event the use of any permitted property is permanently discontinued by Grantee, or
no Permit has been obtained therefore upon expiration of this Franchise, or within thirty days after
any termination of this Franchise, then the Grantee shall promptly remove from the streets and
other properties all its facilities, other than any the City may permit to be temporarily or
permanently abandoned.
SECTION XV. Ownership Transfer, Sections 5-19-10.T. 1 - 6:
This Franchise may not be assigned to a successor or assignees without the prior written
consent of the City Council of the City of Renton. The city will not delay or withhold written
consent without just cause. For the purposes of this section, a merger or corporate reorganization
of any entity controlling, controlled by or under common control of Grantee shall not be deemed a
transfer of assignment.
SECTION XVI. Security Device, Section 5-19-10.Q:
The Grantee shall, within ten (10) days after the award of this Franchise, file with the City
of Renton Pubhc Works Department, and at all times thereafter maintain in full force and effect,
an acceptable security device or escrow account in duplicate effective for the entire term of this
Franchise, and conditions that in the event its Grantee shall fail to comply with any one or more of
the provisions of this Franchise then there shall be recovered jointly and severally from the
principal and surety of such security device or escrow account any damage suffered by the City as
a result thereof, including the full amount of any compensation, mdeninification or cost of removal
or abandonment of properties herein above described, up to the full amount of the said bond, said
condition to be a continuing obligations within the City of Renton or may have arisen from the
acceptance of such Franchise by the Grantee or from its exercise of any such privilege herein
granted. The security device or escrow account initially filed in accordance with the requirement
of this Section shall be in the amount of Twenty Five Thousand Dollars ($25,000). In the event
of substantial change in volume of street space occupied by permitted properties, the City may
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permit or may require a corresponding change in the amount of such security device or escrow
account.
SECTION XVII. System Expansion:
Upon application to the City of Renton's, Department of BuMmg/Planning/Pubhc Works
by the Grantee, the Department of Pubhc Works may authorize the Grantee to install, construct
and/or retain in City streets additional System expansions, as contemplated in Section I hereof, in
manner satisfactory to the Department of Public Works. Such additional installations shall be
subject to all of the terms and conditions of this Franchise Agreement and to any such additional
conditions as may be prescribed by the Department of Pubhc Works as to any such additions.
The City of Renton conducts both an annual pavement overlay program and a 6-year
transportation improvement program for the repair and improvement of city streets. The city
publishes updates to these programs annually. It is the city's intent that newly paved streets not
be excavated or damaged within five years of pavement installation. It is therefore the Grantee's
responsibihty to obtain the city's annual pubhcations regarding the pavement overlay program and
the 6-year transportation improvement program, and to schedule any system expansions or
programmed maintenance operations in such a way as to avoid disturbing pavement within five
years of installation. The City of Renton reserves the right to withhold issuance of permits for
planned expansion or maintenance activities that will damage pavement within five years of its
installation.
SECTION XVIII. Telecommunications Fees:
The Grantee (XO Washington, Inc., its successors and assignees) agree to pay annually
to the City of Renton from and after the date of acceptance of this Franchise and during the
period it shall remain in effect a utility tax of six per cent (6%) per annum of its gross exchange
service receipts derived from the telecommunications located within the limits of said City of
Renton as specified in Section 5-11-1. However, if the 6% per annum utility tax falls below $200
annually than an administrative fee shall be apphed up to $200.
Payments are to be paid in monthly installments in accordance with Section 5-11-2 to the
Finance and Information Service Aohninistrator.
1. Construction Permit Fee $50.00 Plus time & materials Cost.
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XO Washington, Inc. does hereby agree to pay a one time Administrative fee for
Franchise preparation and processing of Five Thousand ( $5,000) Dollars.
SECTION XIX. Applicant's Contacts:
Any notices or information required to be given to parties under this Franchise Agreement
may be sent to the following addresses unless otherwise directed.
XO Communications Washington, Inc. Renton City Hall
Attn: General Manager Attn: Jan Mian
1000-Denny Way Suite 200 Development Services 6,h Floor
Seattle, WA 98109 1055 - S. Grady Way
206-315-6398 Renton, WA 98055
SECTION XX. Effective date:
This Ordinance shall be in full force and effect from and after its passage, approval, and
five days after its legal publication as provided by law, and provided it has been duly accepted by
Grantee as herein above provided. All costs of publication in connection with this Ordinance shall
be paid by Grantee.
PASSED BY THE CITY COUNCIL this 12th day of March 2001.
Marilyn J. FetCrjen, City Clerk
APPROVED BY THE MAYOR this 12th day of March ? 2001.
Lawrence J. Warren, City Attorney
Date of Publication: 3/16/2001 ( Summary)
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ACCEPTED BY FRANCHISEE, XO Washington, Inc. this
ff\<xrc)n , 2001.
f±<jJ~fXt ""0 ^-d-i^ TITLE vJpkvM
Signature /"
Print Name
ORD:909:3/14/01:ma
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