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Home My WebLink About6452 ORDINANCE NO. 6 4 5 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO ZAYO GROUP, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR A TELECOMMUNICATIONS SYSTEM WHEREAS, Zayo Group, LLC, ("Grantee") has applied to the City of Aubum ("Cit�') for a non-exclusive Franchise fo� the right of entry, use, and occupation of certain public right(s)-of-way within the City, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way; and WHEREAS, following proper notice, the City Council held a public hearing on March 18, 2013, on Grantee's request for a Franchise, at which time representatives of Grantee and interested citizens virere heard in a full public . proceeding affording opportunity for commenf byany and all persons desiring to be heard; and WHEREAS, from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City and its inhabitants that the franchise be granted to Grantee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASFiINGTON, DO ORDAIN as follows: Section 1. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated herein, the City grants to the Grantee general permission to eMer, use, and occupy the right(s)-of-way and/or other public property specfied in Exhibit "A," attached hereto and incorporated by reference (the °Franchise Area"). B. The Grantee is authorized t_o install, remove, construct, erect, operate, maintain, relocate and repair the types of facilities spec�ed in Exhibit "B," attacheii hereto and incorporated by reference, and all necessary appurtenances thereto, ("Gran4ee Facilities") for provision of those services set forth in Exhibit "C" ("Grantee Services") in, along, under and across the Franchise Area. Ordinance No. 6452 January 29, 2013 Page 1 of 15 C. This Franchise does not authorize the use of the Franchise Area for any facilities or services other than Grantee Facilities and Grantee Services, and it extends no rights or privilege relative to any facilities or services of any type, including Grantee Facilities and Grantee Services, on public or private property elsewhere w�hin the City. D. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, unless the City determines that entering into such agreements interFeres with Grantee's right set forth herein. E. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respect to the Franchise Area or any other City roads; rights-of-way, property, or any portions thereof. This Franchise shall be subject to the power of eminent domain, and'in any proceeding under eminent domain, the Grantee acknowledges its use of 4he Franchise Area shall have no value. F. The Ciry reserves the right to change, regrade, relocate, abandon, orvacate any right-of-way wRhin the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Grantee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. G. The Grantee agrees that its use of Franchise Area shall at all times be subordinated to and subject to the Gity and the public's need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 2 Notice A. Written notices to the parties shall be sent by certified mail to the following addresses, unless a different address shall be designated in writing and delivered to the other party. City: Engineering Aide, Public Wo�lcs Department-Transportation City of Aubum 25 West Main Street Aubum, WA 98001-4998 Telephone: (253) 931-3010; Fax: (253) 931-3048 Ordinance No. 6452 January 29, 2013 Page 2 of 15 with a copy to: City Clerk City of Auburn 25 West Main Street Aubum, WA 98001-4998 Grarrtee: Zayo Group, LLC Attn. General Counsel, ZFTI 400 Centennial Parkway, Suite 200 Louisville, CO 80027 B. Any changes to the above-stated Grantee ir�formation shall be sent to the City's Engineering Aide, with copies to the City Clerk, referencing the title ofthis agreement. G The a6ove-stated Grantee voice and fax telephone numbers shall be staffed at least during normal business hours, Pacific time zone. Sectio� 3. Term of Agreement A. This Franchise shall run for a period of five (5) years, from the date of execution specfied in Section 5. B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application spec�ed under ACC 20.06.130, as it now exists oP is amended, wrthin the timeframe set forth 4herein (curren4ly 240 to 180 days prior to e�iration of the then-current term). Any materials submiited by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee shall only submiY those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Serv'ices, or to reflect specific reporting periods mandated by the ACC. C. Failure to Renew Franchise— Automatic Extension. If the Parties fail to formally renew this Franchise prior to the expiration of its term or any extension thereof, the Franchise automatically continues month to month until renewed or efther party give.s written notice at least one hundred and eighty (180) days in advance of iMent not to renew the Franchise. Ordinance No. 6452 January 29, 2013 Page 3 of 15 Section 4. Definitions For the purpose of this agreement: "ACC" means the Aubum City Code. "Emergency' means a condition of imminent danger to the health, safety and welfare of persons or property Iocatedwithin the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots, acts of terrorism or wars. "Maintenance or Maintain" shall mean examining, testing, inspecting, repairing, maintaining and replacing the existing Grantee Facilities or any part thereof as required and necessary for safe operation. "Relocation" means permanent movement of Grantee facilities required by the City, and not temporary or incidental movement of such facilities, or other revisions Grantee would accomplish and charge to third parties without regard to municipal request. "Rights-of-Way° means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-ways and similarpublic properties and areas. Section 5. Acceptance of Franchise A. This Franchise, and any rights granted hereunder, shall not become effective for any purpose unless and until Grantee files with tHe City Clerk (1) the Statement of Aoceptance, attached hereto as Exhibit "D," and incarporated by reference, (2) all verifications of insurance coverage specified under Section 15, and (3) the financial guaraMees spec�ed in Section 16 (collectively, "Francfiise Acceptance"). The date that such Franchise Acceptance is filed with the City Clerk shall be the effective date of this Franchise. B. Should the Grantee fail to file the Franchise Acceptance with the City Clerk within 30 days after the effectiye date of the ordinance approving the Franchise, the City's grant of the Franchise will be null and void. Section 6. Construction and Maintenance A. The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done upon Grantee Ordinance No. 6452 January 29, 2013 Page 4 of 15 Facilities. Grantee shall comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work, which shall be done in a thorough and proficient manner. B. Grantee agrees to coordinate its activities with the City and all other utilities located within the public right-of-way within which Grantee is under taking its activit�r. C. The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the public right-of-way and may from 6me to time, pursuant to the applicable sections of this Franchise, require the removal, relocation and/or replacement thereof in the public interest and safety at the expense of the Grantee. D. Before commencing any work within the public right-of-way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to ideMify exisfing utility infrastructure. E. Tree Trimming. Upon prior written approval of the. City and in accordance with City ordinances, Grantee shall have the authority to reasonably trim trees upon and ovefianging streets, public rights-of-way, and places in the Franchise Area so as to preverrt the branches of such trees from coming in physical contact with the Grantee Facilities. Grantee shall be responsible for debris removal from such activities. If such debris is not removed within twenty- four (24) hours of completion ofthe fimming, the City may, at its sole discretion, remove such debris and charge Grantee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require a land clearing permit. Section 7. Repair and Emergency Work In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, pro4ided that the Grantee shall notify the City Construction Manager in writing as prompUy as possible, before such repair or emergency work commences, or as soon thereafter as possible, if advance notice is not practical. The City may act, at any time, vvithout prior written notice in the case of emergency, but shall notify the Grantee in writing as promp4ly as possible under the circumstances. Section 8. Damages to City and Third-Party Property Ordinance No. 6452 January 29, 2013 Pageb of 15 Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third- party, Grantee will restore, at its own cost and expense, said property to a safe condition. Such repairwork shall be performed and completed to the satisfaction of the City Engineer. Section 9. Location Preference A. Any structure, equipment; appurtenance or tangible property of a utility, other than the Grantee's, which was installed, constructed, completed or in place prior in time to Grantee's applica4io� for a permit to construct or repair Grantee Facilities under this Franchise shall have preference as to positioning and location with respect to the Grantee Facilities. However, to the extent that the Grantee Facilities are completed and installed prior to another utility's submittal of a permit for new oradditional structures, equipment, appurtenances or tangible property, then the Grantee Facilities shall have priority. These rules goveming preference shall continue in fhe event of the necessity of relocating or changing the grade of any City road or right-of-way. A relocating utility shall not necessitate the reloc�tion of another utility that otherwise would not require relocation. This Section shall not apply to any City facilities or utilities that may in thefuture require the relocation of Grantee Facilities. Such relocations shall be govemed by Section 11. B. Grantee shall maintain a minimum underground horizontal separation of five (5) feet from City water, sanitary sewer and storm sewer facilities and ten (10) feet from above-ground City water facilities; provided, that for development of new areas, the City, 'in consultation with Grantee and other utility purveyors or authorized users of 4he Public Way, will develop guidelines and procedures for determining spec�c utility locations. Section 10. Grantee Infortnation A. Grantee agrees to supply, at. no cost to the City, any information reasonably requested of the City Engineering Aide to coordinate municipal functions with Grantee's activities and ftilfill any municipal obligations under state law. Said information shall include, at a minimum, as-built drawings of Grantee Facilities, installation inventory, and maps and plans showing the loca4ion of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, compatible with the Ciry's data base system, as now or hereinafter existing, including the City's geographic information Service (GIS) data base. Grantee shall keep the City Right-of-NVay Ordinance No. 6452 January 29, 2013 Page 6 of 15 Manager informed of its long-range plans for coordination with the Citys long- range plans. B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the Ciry. Accordingly, the Ciry agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee a reasonable amount of'time to obtain an injunction to prohibit the City's release of records. Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including attomeys fees) imposed on the Clty because of non-disclosures requested by Grarrtee under Washington's open public recordsact, provided the City has not�ed Grantee of the pending request. Section 11. Relocation of Grantee Facilities A. Except as othervvise so required by law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expense or liability to the City, except as may be reguired by RCW Chapter 35.99. Pursuant to the provisions of Section 14, Grantee agrees to p�oted and save harmless the City from any customer or third-party claims for serVice interruption or other losses in connection with any such change, reloca#ion, abandonment, or vacation of the Pubic Way. B. If a readjustment or relocation of the Grantee Facilities is necessitated by a request ftom a party other than the City, that party shall pay 4he Grantee the actual costs thereof. Section 72. Abandonment and or Removal of Grantee Facilities A. Within one hundred and eighty days (180) of Grantee's permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City's discretion, ei4her abandon in place or remove the affected facilities. B. The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise. Sectlon 13. Undergrounding Ordinance No. 6452 January 29, 2013 Page7 of 15 , A. The parties agree that this Franchise does not limit the Ciry's authority under federal law, state law, or local ordinance, to require the undergrounding of utilities. B. Whenever the City requires the undergrounding of aeriai utilities in the Franchise Area, the Grantee shall underground the Grantee Facilities in the manner specified by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99. Where o4her vtilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs bome by all utilities, in addition to the costs specifically attributable to the undergrounding of Grantee Facilities. Common costs shall include necessary costs for common trenching and utility vaufts. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded. Section 74. Indemnification and Hold Harmless A. The Grantee shall defend, indemniiy, and hold the City and its officers, officials, agents, employees, and Volunteers harmless from any and all costs; claims, injuries, damages, losses, su'its, orliabilities of any nature including attorneys' fees arising out of or in connecfion with the Grantee's perFormance under this Franchise, except to the exterrt such costs, claims, injuries, damages, losses, suits, or liabilities are caused by the negligence of the City. B. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee Facilities caused by maintenance and/or construction work performed by, or on behalf of; the City within the Franchise Area or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence of the City, or its agent perForming such work. C. The Grantee acknowledges thaY neither the City nor any other pu6lic agency with responsibility for fire fighting, emergency rescue, public safery or similar duties within the City has 4he capability to provide trench, close trench or confined space rescue. The Grantee; and its agents, assigns, successors, or contractors, shall make such arrangements as Grantee deems fit for the provision of such services. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City's failure or inability to providesuch services, and, pursuanYto theterms of Section 14(A), the Grantee shall indemnify the City against any and all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City's failure or inability to provide such services. Ordinance No. 6452 January 29, 2013 Page 8 of 15 D. Acceptance by the Ciiy of any work Perfom►ed by the Grantee shall not be grounds for avoidance of this section. E. It is further spec�cally and expressly understood that the indemn�cation provided herein constitutes the Grantee's waiver of immunity under Industrial Insurance. Title 51 - RCW, solely for the purposes of this indemn�cation. This waiver has 6een mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Section 15. Insurance A. The Grantee shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connedion with the performance of the worlc hereunder by the Grantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,0OO,OU0.00 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate and a $2;000,000.00 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury and advertising injury and liability assumed undeian insured contract. The Commercial General Liability insurance shall be endorsed to providethe Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising� from explosion, collapse, or underground properry damage. The City shall be named as an additional insured under the Grantee's Commercial General Liability insurance policy with respect to the work performed under this Franchise using ISO Addfional Insured Endorsemerrt CG 20 10 10 01 and Additional Insured-Completed Operations Ordinance No. 6452 January 29, 2013 Page 9 of 15 endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000.00 per claim for all professional employed or retained Grantee to pe�form services under this Franchise. 4. Wo�icers' CompensaUon coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liabil'ity, Professional Liability, and Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance as respects the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Grarrtee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled by eitherparty excepYafter thirty (30) days` prior written notice by cerfified mail, retum receipt requested, has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Grantee shall fumish the City with documentation of insurer's A.M. BesY rating and with original cert�cates and a copy of'amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requiremerrts of the Consultant before commencement of tlie work. E. Grantee shall have the right to self-insure any or all of the aboye- required insurance. Any such self insurance is subject to approval by the City. F. Grantee's maintenance of insurance as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage proyided by such insurance, or othervvise limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity+. Section 16. Performance Security Ordinance No. 6452 January 29, 2013 Page 10 of 15 The Grantee shall provide the City with a financial guarantee in the amount of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of this Franchise, in a form and substance acceptable to 4he City. In the event Grantee shall fail to substantially compiy with any one or more of the provisions of this Franchise, then there shall be recovered jointly and severally from the principal and any surety of such financial gua,rantee any_damages suffered by Ciry as a result thereof, including but noY limited to staff time, material and equipment costs, compensa4ion or indemn�cation of third parties, and the cost of removal or abandonment of facilities hereinabove described. Grarrtee specificalty agrees thaY its failure to comply with the terms of Section 19 shall constitute damage to the City in the monetary amount set forth therein. Such a financial guarantee shall not be construed to limit the Grantee's liability to the guarantee amount, or otherwise limit the City's recourse to any remedy to which the Ciiy is otherwise entitled at law or in equity. Section 17. Successors and Assignees A. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of, and independent contractors of the Grarrtee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shatl inure to its successors, assignees and contractors equally as if they were spec�cally mentioned herein wherever the Grantee is mentioned. B, This Franchise shall not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance; Provided, that prior consent for an assignment to Grantee's affiliates may be granted administrafively. C. Grarrtee and any proposed assignee or transferee shall provide and certify the following to the City not less than sixty (60) days prior to the proposed date of transfer: (a) Complete information setting forth the nature; term and conditions of the praposed assignment or transfer, (b) All information required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (c) An application fee which shall be set by the City, plus any other costs actually and reasonably incuRed by the City in processing, and investigating the proposed assignment or transfer. D. Prior to the City's consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Asgignee or Transferee shall file with the City a written promise to unconditionally accept all terms of the Ordinance No. 6452 January 29, 2013 Page 11 of 15 Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obiigation to undertake any investigation of the transferoPs state of compliance and failure of the Ciry to insist on full compliance prior to transfer does not waive any right to insist on full compliance thereafter. Section 78. Dispute Resolution A. In the event of a dispute between the Ciry and the Grantee arising by reason of this Agreement, the dispute shall first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this P�qreement. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. B.. If the parties fail to achieve a resolution of the dispute in this. manner, either party may then pursue any available judicial remedies. This Franchise shall be govemed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties spec�cally understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attomeys' fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment. Section 19. Enforcement and Remedies A. Ifithe GraMee shall willfuly violate, or fail to comply with any of the provisions of this Franchise through willful or unreasonable negligence, or should it fail to heed or comply with any notice given to Grantee under the provisions ofi this agreement, the City may, at its discretion, provide Grantee with written no4ice to cure fhe breach within thirty (30) days of not�cation. If the City determines the breach cannot be cured within thirty days, the City may speciy a longer cure period, and condition the extension of time on Grantee's submittal of a plan to cure the breach within the specified period, commencement of work within the originaf:thirty day cure period, and diligenf prosecution of the work to completion. If the breach is not cured within the specified time, or the Grantee does not compty with the speafied conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured. Ordinance No. 6452 January 29, 2013 Page 12 of 15 B. Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Franchise and require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and ff the Grantee's actions are not allowed under applicable federal and state or City laws, to compel Grantee to cease such actions. Section 20: Compliance with Laws and Regulations A. This Franchise is subject#o, and the Grantee shall comply with all applicable federal and state ar City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federaf laws and regulations, affecting performance under this Franchise. furthermore, notwithstanding any otherterms of this agreement appearing to the contrary, the Grarrtee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare ofi the general public in relation to the rights granted in the Franchise Area. B. The City reserves the right at any time to amend this Franchise to co�orm to any hereafter enacted, amended, or adopted federal or state statute or regulafion relating to the public health, safety, and weffare, or relating to roadway regulation, or a City Ordinance enacted pursuarrt to such federal or state statute or regulation upon providing Grantee with thirty (30) days written notice of its action setting forth the full te�ct of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amencJment shall 6ecome automatically effecfiVe upon expiration of the notice period unless, before e�iration of that period, the Grantee makes a written call fornegotiations over the terms of the amendment. If the parties do not reach agreemeM as to the terms of the amendment within thirty (30) days of the call for negotiations, the City may enacY the proposed amendment, by incorporating the Grarrtee's concems to the maximum extent the City deems possible. C. The City may terminate this Franchise upon thirty (30) days written notice to the Grantee, if the Grantee fails to comply with such amendment or mod�cation. Section.21. License, Tax and Other Charges This Franchise shall not exempt 4he Grantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it Ordinance No. 6452 January 29, 2013 Page 13 of 15 under state ar federal law for revenue .or as reimbursement for use and occupancy of the Franchise Area. Section 22. Consequential Damages Limitation Notwithstanding any other provision of this Agreement, in no event shall either party be liable for any special, incidental, indirect, punitiye; reliance, consequential or similar damages. Section 23. Severability If any portion of this Franchise is deemed invalid, the remainder pofions shall remain in effect. Section 24. Titles The section titles used herein are for reference only and should not be used for the purpose of interpreting this Franchise. Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Seetion 26. Effective date. This Ordinance shall take effect and be in force froe days from and after its passage, approval and publication as provided by law. INTRODUCED: APR - 1 2013 PASSED: APPROVED: - T 2013 \„ PETE . EWIS, MAYOR �` Ordinance No. 6452 January 29, 2013 Page 14 of 15 ATTEST: Ql � Dani Ile E: Daskam, City Clerk APPROVED AS TO FORM: a _ e ,` 'ty tt ne - Published: � `/ �a13�.---��-`r1d'�" �� Ordinance No. 6452 January 29, 2013 Page 15 of 15 _ - ; � „ , , : � � �� , � � � � � � ,, � ; � c - �'r -! ! ' ' ; i u - I � ?� \ '� i . � - � .. i ! '� � r t'" � � ' i � .'1��/ E �11 1 1 � : + ' r h _/ ��t+ �n �I � �.,'_� . � ;.,a . ? '\ . � �� =�; � , �;�;�, . . t '_ - , .. 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I�� .'_`\'��?��; �' N I�ST.'N'E � , i i . 444 �L � � �' µ.cl'�,E � � ,' i � f�� Q- i �? ��✓'�•.'�m yT•SE[� m� - � � _�y � � � Z I '_ ' 1 I i.S� � t � ��,�- � . f� �- . � I.."� 1; lJ:j�!� \ �'�c� • ♦ L . _ ' �7�d ' � �'�fJ � ' � N i - � [' y� � `°•1 ' i.rzn+ v` ! , ... - � �,� n _m � A ESE . . . - hiL , . . i . - a _ y- � � � �...- „ s ,,, 1 I i � � . . --� � �.�.. �. I A A l� �/ � r . -_. ' � � � � �� m QQ� 6 � � / _ _ ' I . ._ _ _ _ _ � � � � ( o � � BNy-F. T247H'pVE�SE � . � I SU i � 1 � � �_ �� . i.� �� ,{��;�� i�� f_ � . . � ^ _ � J �o � i �ya� O � a i � . - i -;� � � � � _ � = i i 1 i � _ i' i i =_. _-. O - � �� _ - -9_° _ , _ ' �• - _ � ; - ' � - - _ = � � , , . _ ; _ , . l. _ , _;�. n - ''. �,: - � `'� �� .�:�� : r/" cc� q . _ ' � .r .�- , . .__`�' -� ` . f ' . � I I _ _"� � \I � . � 1 1 .. . . -...; ; . �,= . .. F • ._. : �. '� �. �. i t : I r : � l . . . u.: .._ ' /. ; t ` " i: '/i f t...i �i . , ' !✓ 1 � �C� i � . ._. - ' . _ - . b � .._. ._. , . .`' � _. . � !-y � � i� . `�_.. . . . - . . -_ � . . . . - f::'� . . : . _ � � . . _ �. � . � .. � _ C`�I`�upn C][I I V � Grantee Facilities Underground and overhead fiber optic cable consisting of individual fiber optic strands. Ordinance No. 6452 Franchise Agreement No. 12-41 DATE 01/29/2013 Exhibit "C" Grantee Services Zayo is a provider of bandwidth infrastructure solutions, offering traditional lit telecommunications services (including private]ines and wavelengths, Intemet access and co-location) to wholesale and enterprise oustomers over a fiber-optic network in metropolitan markets from coast-to-coast. Wholesale carrier customers include telecom, wireless, cable, LEC and Intemet serV'ice providers. Enterprise customers include web-centric and technology businesses, governmerit entities, educational institutions, financial services companies, healthcare providers and smaller firms needing to connect mumple facilities. Zayo does not provide any residential, voice, cable or video senrice. Ordinance No. 6452 Franchise AgreementNo. 12-41 DATE 01/29/2013 Zayo Group Proposed Initial Buildout � � I ,� �—s-z��-rH•sr 1 w z . .� 3 N .,�_515I?�E � w z 9G � J .. r��— /`��' 6G,p 49jNS�NE � W Im / Q I � i 5'7 I o > SE-2g�5. " �5�.(�� F I 5E-282ND�5T a �I �44iH�5�T-NWI— pS o� I w � 3 zJ w �5E-284TH�5T—w ��= I 'a rc—Y287TH-ST � ? ,�,�, z a- ,qzND-� S7_NEU � SEd85TH3TSE286TH-ST il „��, :' � '�'-._� � SE28I7H-ST SE�286TH-PL Q B-0L-NW � �j -�' � -sE z�an i I r " i ,� � � J �5E-290TH S7 5Z92ND;ST a SZ92ND'ST�o_____ I � '^ � J � i � � � � _� W �o Q N I � sFl9s Q � 5-296TH-ST �•>— i � .n � rh"�N� �= j� � a _ w - N s� � o Z I I �-3.'tiP-:T-Nc- J. l�> w r�� N i �; `\a > �5-300TH�54 �O c 30TH3T-NE-30TH-S�T�NE ;� N— s f a �;rI29TH-ST-IJW ' I Q— � � � �I � w_ N L .n 28TH-SFHE�L- Q ��_ � +.� a� � 26TH-57-NW �3 I �� S a = �� a' �� lJ Y—Z Y � �J rP'- ��'y 2 <<~'^ z � �^ 3E-304TH PL_o o �-='Q�SE 3�H ST �n 9L h i I � f v m i L'I ��s � 22ND�5T-Nw -� ^ Prinred Date:t R9ROt 3 Pro osed initial buildout ali nment. Final " P g Map[reareE by City of aubum eGiS alignment and location to be determined �^,�^��^�^�^�=��ePnf�=�•=,=,��Ce re�,��ra�da��e��,��r v, � during engineering review of required P"""`e�<`g�s'°ah"°`°a"°g"�°;° — tla[a az mapped.T�e City W pubum maYes no ��arra�ry as m its accuacy. construction permits. _ EXHIBIT"D" STATEMENT OF ACCEPTANCE Zayo Group, LLC, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. [Grantee] By: �J-, �ti� Date: `i �i I � i J Name: 6;.� Fr;cdM�.. Title: CFU'ZFT J Zo�, (,,,,,P, LL� STATE OF �J� „ra r�o ) )ss. COUNTY OF '�o, ,I �I:c_r ) i� On this I� day of � I , 2013, before me the undersigned, a Nota_ry Public in and for 4he State of C r� o , duly commissioned and sworri, personally appeared, f � rl s,n._ of � , 4he company that executed the within and foregoing ' strument, and ackno�he said instrumerrt to be the free and voluntary.act and deed of said company, for the uses and purposes therein mer�tioned, 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.seaf on the date hereinabove set forth. "h . C�ll� � • " h �/�_ Sigriature � NOTARY PUBLIC in and for the State of ��1 �«c� o , residing at P�o.�lr� oa �o:,n� MY COMMISSION EXPIRES: �� wc��ewn�� aaar�uc eu�o�caauoo po�un�mrmmasro w�oair�sac�tm.� Ordinance No. 6452 Franchise Agreement No: 12-41 DATE 01/29/2013