HomeMy WebLinkAboutITEM V-A
AGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Ordinance No. 6325 August 17, 2010
Department:Attachments:Budget Impact:
Public WorksOrdinance No 6325, Exhibit A, $0
Ordinance No. 5952
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6325.
Background Summary:
360 Networks (USA) Inc. has applied for renewal of their current Public Way Agreement No. 05-52 which
was authorized by Ordinance No. 5952 (please see attached document) and is set to expire on October
3, 2010. This agreement is for existing fiber optic conduit in the right of way along West Valley Highway
between the north and south city limits. This fiber optic conduit does not service any customers inside the
city limits.
Per the terms of the current agreement 360 Networks (USA) Inc. may apply for up to four (4) additional
five year term renewals with this renewal being the first of four.
The current Public Way Agreement was reviewed by city staff and the applicant and it was determined
that the agreement still meets the needs of the City and the applicant with only minor amendments to the
agreement to reflect current Grantee contact information and remaining renewal terms.
Ordinance No.6325 amends the current agreement to reflect these changes and authorizes 360 Networks
(USA) Inc’s fiber optic conduit to remain in the right of way for an additional five year term per the
conditions set forth in PWA 05-52 upon filing with the City Clerk a Statement of Acceptance which is
marked “Exhibit A”
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes NoCall for Public Hearing___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until___/___/____
Councilmember:Staff:
Wagner Dowdy
Meeting Date:Item Number:
PCD – September 13, 2010
PWC – September 20, 2010
City Council – September 20, 2010
ORDINANCE NO. 6325
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN RELATING TO
A PUBLIC WAY AGREEMENT WITH 360NETWORKS (USA) INC.; AUTHORIZING
THE RENEWAL OF PWA 05-52 AND AMENDING THE TERMS OF THE AGREEMENT
WHEREAS, Grantee has applied to the City for renewal of PWA 05-52, which
was authorized by Ordinance No. 5952; and
WHEREAS, the City has reviewed the Grantee’s renewal application and
determined that renewal of the Public Way Agreement authorized by Ordinance No.
5952 with minor amendments is in the best interest of the City and the citizens of
Auburn,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1.
The City approves Grantee’s application for renewal with the
amendments and under the conditions set forth in this ordinance.
Section 2. Section 1, “Notice” of Ordinance No. 5952 is amended to read
as follows;
Grantee:Bob BoyesonMitchell Merryman
Attn: Director of Right-of-Way
360networks (USA) inc.
867 Coal Creek Circle, Ste. 160
370 Interlocken Blvd., Suite 600
Louisville, CO 80027Broomfield, CO 80021
bob.boyeson@360.net;
mitchellMitchell.merrymanMerryman@360.net
www.360networks.com
ph. 303-854-5132303-854-5271 (o)
303-854-5411 (f)
Section 3. Section3, “Terms of Agreement” of Ordinance No. 5952 is
amended to read as follows
A. This Public Way Agreement shall run for a period of five (5) years,
from the date of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Public Way
Agreement for up to four (4)three (3) additional five (5) year periods upon
submission and approval of the application specified under ACC 20.04.120, as it
Ordinance No. 6325
July 29, 2010
Amendatory Renewal PWA 10-10
Page 1 of 3
now exists or is amended, within the timeframe set forth therein (currently 180 to
120 days prior to expiration of the then-current term). Any materials submitted by
the Grantee for a previous application may be considered by the City in reviewing
a current application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
Section 4. Acceptance of Amendments
A. This Amendment and any rights granted hereunder shall not
become effective for any purpose unless and until Grantee files with the City
Clerk the Statement of Acceptance, attached hereto as Exhibit “A”, and
incorporated by reference. The date that such Statement of Acceptance is filed
with the City Clerk shall be the effective date of the renewal, which the City has
assigned “PWA 10-10”.
B. Should the Grantee fail to file the Statement of Acceptance with the
City Clerk within 30 days after the effective Date of the ordinance approving the
Amendatory Renewal, said renewal and corresponding agreement will
automatically terminate and shall be null and void.
Section 5. Implementation
The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 6. Severability
The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 7. Effective date
This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as required by law.
ADOPTED AND APPROVED this _____ day of _____________, 2010.
CITY OF AUBURN
________________________________
Ordinance No. 6325
July 29, 2010
Amendatory Renewal PWA 10-10
Page 2 of 3
Peter B. Lewis
Mayor
ATTEST:
_______________________________
Danielle Daskam
APPROVED AS TO FORM:
_______________________________
Daniel B. Heid
City Attorney
Ordinance No. 6325
July 29, 2010
Amendatory Renewal PWA 10-10
Page 3 of 3
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
360Networks (USA) Inc., for itself, its successors and assigns, hereby accepts and
agrees to be bound by all terms, conditions and provisions of the Public Way
Agreement attached hereto and incorporated herein by this reference.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________________)
)ss.
COUNTY OF ______________________)
On this ____ day of _______________, 2010, before me the undersigned, a Notary
Public in and for the State of _____________________, duly commissioned and sworn,
personally appeared, ______________________ of ________________________, the
company that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses and
purposes therein mentioned, and on oath stated that he/she is authorized to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on
the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
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Ordinance No. 6325
August 17, 2010
Amendatory Renewal PWA 10-10
Page 1 of 1