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HomeMy WebLinkAboutORD 4831CITY OF RENTON, WASHINGTON ORDINANCE NO. 4831 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO LEVEL 3 LLC, A DELAWARE LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO INSTALL FIBER OPTICS CABLE UNDERGROUND TOGETHER WITH APPURTENANCES THERETO, UPON, OVER, UNDER, ALONG, 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. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: SECTION I. There is hereby given and granted unto Level 3 LLC, a Delaware Limited Liabihty Company, its successors and assigns, for a period of 10 years from the effective date of this ordinance, the right, privilege, authority and franchise to install, place, construct and maintain underground fiber-optics cable and all necessary appurtenances equipment and facihties for the support of a digital communication system within the present and future limits of the City of Renton and to collect reasonable tolls, rates and compensation for such services. The fohowing sections of the City Code 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 1 ORDINANCE NO. 4831 SECTION II. Non-Exclusive Franchise (RMC section 5-19-5.E): This franchise is granted upon the express condition that it shall 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, pubhc thoroughfares, sidewalks, and utihty easements within the City of Renton. Such 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, perform maintenance, make improvements or dedicate the same as they may deem fit including the dedication, estabhshment, maintenance and improvement of all new rights-of-ways and thoroughfares and other pubhc properties of every type and description. Level 3, 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 90 days prior written notice. Causes for the City of Renton to issue such notice include, but are not limited to, traffic conditions, public 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 any government agency acting in a governmental capacity. The Franchisee shall in all such cases have the privilege to temporarily bypass, 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 Facihties: The location of facihties shall be underground or in accordance with RMC section 5-19- 5.1.1 through 4 as conditions warrant. 2 ORDINANCE NO. 4831 SECTION IV. Construction Permit (RMC section 5-19-10.C): A construction permit application with three sets of plans is required for each proposed project. All construction, and instaUation of work wherever same crosses any of the pubhc properties shaU be done under the supervision of the duly authorized representative of the Planning/Building/Public Works Administrator, and Grantee shall timely submit unto the Pubhc Works Acbriinistrator, prior to any such work, detaUed 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/her authorized representative and such approval shall be provided in writing. The Grantee shaU further inform the City of any time or date that the Grantee is performing work within the franchised area to aUow the City to inspect such work. Work within City streets shall be accomplished through boring rather than open trenching whenever reasonably feasible. The Construction Permit Fee is stated in section 18c of this agreement document. SECTION V. System Components: AU 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 shaU be designated, manufactured and instaUed in accordance and in full comphance with industry standards and apphcable ordinances. Placement of conduit in street crossings shaU be PVC schedule 80 or steel conduit. Schedule 40 PVC is acceptable in areas outside the roadway. SECTION VI. Permanent Records (RMC section 5-19-10.M): The Grantee shall at aU times keep full and complete plans, profiles and records showing the location, instaUed depth and size of aU its instaUations and systems wherever laid in the City 3 ORDINANCE NO. 4831 and hereafter instaUed. Such plans and records shaU be kept current by the Grantee. As-buUt plans and records shaU be avaUable to the City at all times upon request. A telephone contact number for requesting plans of Franchisee shaU be supplied to the City and kept current. SECTION VII. Planning for Construction: During any period of construction, aU surface structures, if any, shall be erected and used in such places and positions within said pubhc right-of-way, and other public properties so as to interfere as httle as possible with the free passage of traffic and the free use of adjoining property and tenants and Grantee shaU at aU 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 major arterials 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. AU components of the system constructed and instaUed by the Grantee underground within the City of Renton shaU be located in approved locations, buried and instaUed to a depth of not less than three feet and as otherwise provided for in the City Code, the laws of the State of Washington, and the ordinances of the City of Renton, now or hereafter in force, regulating such installations. Grantee shaU estabhsh and maintain at aU times adequate facUities on the portion of each of the systems instaUed under the authority of this franchise, and elsewhere on the system, to promptly localize operating troubles and to mmimize the effects thereof, whether on City streets or on their use by the pubhc. Approved traffic control plans shaU be utilized for each installation when working in the pubhc right-of-way (RMC section 5-19-1 l.F). 4 ORDINANCE NO. 4831 The Grantee shall subscribe to and maintain membership in the regional "One-Call" utihty location service and shall promptly locate all of its lines upon request. SECTION VIII. Restoration and Repair of Facilities (RMC section 5-19-10.11): 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 pubhc right-of-way, in the laying, constructing, maintaining, removing, replacing, altering or repairing of all or any portion of the system, Grantee shah 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 a condition equal or better than the original condition and in a proper, workmanlike manner. Where concrete-encased recorded monuments have been disturbed or displaced Grantee shall restore the monument to federal state and local standards and specifications. AU restoration of pubhc streets, sidewalks and other amenities shaU conform to current City of Renton Standard Specifications for Road, Bridge and Municipal Construction and the City 5 ORDINANCE NO. 4831 of Renton's Trench Restoration Standards. As a condition of receiving the right to work within the pubhc right-of-way, Level 3 shall assume full responsibility for using materials and instaUation methods that are in fuU comphance with City standards and shaU 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, shaU be borne by Level 3. SECTION IX. Hold harmless Agreement: The Grantee, its successors and assignees, agrees and covenants to indemnify and hold harmless the City of Renton from and against any and all hability, loss cost, damage, whether to persons or property, or expense of any type or nature to the extent it arises from any negligent 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 and (ii) give aU 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. Liabihty Insurance (RMC section 5-19-10): Comprehensive general habUity insurance shall be provided as stated in RMC sections 5- 19-10.O, P, Q & R in its entirety. The Grantee shaU submit to the City Clerk evidence that it has in fuU force and effect and shall keep in full force and effect during the life of the franchise, pubhc hability insurance naming the City of Renton as additional insured with coverage as stated in the referenced City Code. 6 ORDINANCE NO. 4831 SECTION XL Revocation or Termination of Grant (RMC sections 5-19-10.U &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, the City retains the right to end and terminate and fully forfeit the franchise herein granted, vwthin 30 days after written notice unto the Grantee, whenever the Grantee fails to comply with any of the material terms and conditions hereof. The Grantee shall be given an opportunity to cure such failure within said 30 day period. 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. Alternatively, by mutual agreement, the City and Grantee may agree to abandon the system in place in which case the system shall become the property of the City, and Grantee shall have no further obhgation or liabihty therefore. SECTION XII. Reservation of Rights (RMC section 5-19-12.D): The City of Renton reserves unto itself the right and power at all times to reasonably regulate in the pubhc interest and for the pubhc welfare the exercise of all Grantee's rights granted herein. 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 working days written notice of any such blasting, grading, or 7 ORDINANCE NO. 4831 excavating so that the Grantee may take proper steps to protect its communication line and facihties. SECTION XIII. Damage, Injury or Loss: (RMC section 5-19-10.K): Except for damage, injury or loss caused by the City of Renton under this paragraph, 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, provided that such non-recourse shall not apply to the willful misconduct of the City, its agents or employees. This franchise does not reheve 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 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 (RMC sections 5-19-10.1., 1 -5): In the event the use of any permitted property is permanently discontinued, 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 facihties, other than any the City may permit to be temporarily or permanently abandoned. SECTION XV. Ownership Transfer (RMC 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. However, an Indefeasible Right of Use 8 ORDINANCE NO. 4831 ("IRU") may be approved by written notice to the City's Pubhc Works Administrator. An IRU shall not include the right to physically access the facihties in the right-of-way , or to enter or disturb the right-of-way, unless otherwise authorized by the City. SECTION XVI. Security Device (RMC section 5-19-10.Q): The Grantee shall, within ten days after the award of this franchise, file with the City of Renton's Department of Building/Planning/Public Works 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 conditioned that in the event 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, mdemnification 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 obhgations within the City of Renton that may have arisen from the date of 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 franchise, the City may require a correspopding change in the amount of such security device or escrow account. SECTION XVII. System Expansion: Upon apphcation to the Department of Building/Planning/Public Works by the Grantee, the Department of Buildmg/T^lanning/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 a 9 ORDINANCE NO. 4831 manner satisfactory to the Department of Building/Planning/P ublic 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 BuMmg/Planning/Pubhc Works as to any such additions. It should be noted 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 pubhshes updates to these programs annually. It is the City's desire that newly paved streets not be excavated or damaged within 5 years of pavement installation. It is, therefore, the Grantee's responsibihty to obtain the City's annual publications regarding the pavement overlay program and the 6 year transportation improvement program, and to schedule any system expansions or programmed maintenance operation in such a way as to avoid disturbing pavement within 5 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 5 years of its instaUation. SECTION XVIII. Telecommunications Fees and Tax: The Grantee (Level 3, its successors and assignees) agrees to pay annually to the City of Renton from and after the date of acceptance of this franchise and during the period it shaU remain in effect a telecommunications tax in accordance with RCW 35.21.870 which is six per cent per annum of its gross exchange service receipts derived from the telecommunications located within the limits of said City of Renton. However, if the six percent per annum telecommunication tax faUs below $200.00 annuaUy then a administrative fee shall be applied up to $200.00. 10 ORDINANCE NO. 4831 Payments are to be paid in monthly installments in accordance with RMC section 5-11-2 to the Finance and Information Service Administrator. a. Registration Fee: $25.00 b. Lease Holders Tax: 12.84% annuahy c. Construction Permit Fee $50.00 Plus time & materials Cost. Level 3 does hereby agree to pay a one time Administrative Fee for franchise preparation and processing of $5,000.00. SECTION XIX. This ordinance shall be effective upon its passage, approval, and 30 days after pubhcation. PASSED BY THE CITY COUNCIL this 21st day of February , 2000. Marilyn J. j/City Clerk APPROVED BY THE MAYOR this 21st day of February 2000. APPROVED AS TO FORM: Lawrence J. Warren, City Attorney Date of Pubhcation: 2/25/2000, ORD.837:02/07.2000:as. Jesse Tanner. Mayor 11