HomeMy WebLinkAbout6670 ORDINANCE NO. 6 6 7 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL
AND AMENDMENT OF ORDINANCE NO. 6452 FOR ZAYO
GROUP, LLC, FRANCHISE AGREEMENT NO. 12-41 FOR A
TELECOMMUNICATIONS SYSTEM
WHEREAS, on April 1, 2012, fhe City Council adopted Ordinance No. 6452,
granting a telecommunications franchise to Zayo Group, LLC; and,
WHEREAS, Zayo Group LLC wishes to renew said Franchise Agreement.
for an additional five year term; and
WHEREAS, following proper notice, the City Council held a public hearing
on Zayo Group, LLC's request for renewal of Ordinance No. 6452, at which time
representatives of Zayo Group, LLC and interested citizens were heard in a full
public proceeding affording opportunity for comment by any and all persons
desiring to be heard; and
WHEREAS, based upon the foregoing recital clauses and 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
renewal of Ordinance No. 6452 be granted to Zayo Group, LLC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The City approves Zayo Group, LLC's application for renewal
for one five-year period as provided for in Section 3 of Ordinance No. 6452, a copy
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
January 10, 2018
Page 1 of 4
of which is attached hereto, marked as Exhibit A, under the conditions set forth in
this Ordinance. Such five-year renewal period shall commence on the effective
date of this Ordinance.
Section 2. Section 2, Paragraph A. of Ordinance No. 6452 regarding
Grantee contact information is hereby amended as follows;
Grantee:
Zayo Group, LLC
Attn. General Counsel�F�4
- ,
1805 29th Street, Suite 2050
,
Boulder, C_O. 80301
Section 3. Zayo Group, LLC shall, within thirty (30) days after the effectiVe
date of this Ordinance, file with the City, a fully executed Statement of Acceptance
of this Ordinance, whieh written acceptance shall be Exhibit B, attached hereto
and incorporated herein by this this reference.
Section 4. This Ordinance shall supersede Ordinance No. 6452 to the
extent that it contains terms and conditions that change, modify, delete, add to,
supplement or otherwise amend the terms and conditions of Ordinance No. 6452.
All other provisions of Ordinance No. 6452 shall remain unehanged and in full force
and effect.
Section 5. Implementation.The Mayor is hereby authorized to implement
such administrative procedures as may be necessa.ry to carry out the directions of
this legislation.
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
January 10, 2018
Page 2 of 4
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 provided by law.
INTRODUCED: MAR :� 20a�
PASSED: �A� 5�Z�a$
APPROVED: M�� .;S 2D18
ANCY BA , MAYOR
ATTEST:
� /
Danielle . Daskam, City Clerk
APP OVED AS TO FO
el . id, it A o ey �
..___, .�,�1���"�
Published: _ ov-�.�,, � �l�.�
Draft Ordinance No. 6670
Zayo Franchise Agreement Renewal
January 10, 2018
Page 3 of 4
DoaiSign�Envelope ID:00976AOSBBCD4AC7-9F2C-EOFE0762E545
. . .. . . .. . _ . . . ..
EXHIBIT "B"
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 prbVisions of the Frarichi§e
Agreement, Ordinance No. 6452, attached hereto and incorporate.d herein by fhis
reference as amended by Ordinance No. 6670.
Zayo Group LLC
1805 29'h St.SE, Suite 250
Boulder, CO 803
,�DocIuaqnaE by:
f�,p, �it�.iAaM March 13, 2018
Byc Date.: _
Name: red �i 11 i am
Title: �eneral counsel , F west
STATE OF C�Q
jss.
couNnoF ('.lcri� >
On this ��- day of � , 2018, before me 4he undersigned, a
Notary Pulilic'in and for the tate of c, ' n, iiuly commissioned and swom,
personally appeared, ` 1 of �2, the company that
executed the within and foregoing instrument, a_ntl' acknowledged the said
instrument to be the free antl voluntary act and deecl of said company, for the uses
and purposes therein mentioned, an.d on oath stated 4hat heYshe is authorized to
ezecute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and:affixed my official seal
on the date hereinaboVe set forth.
�1 v�(`1AAY1D �CaQD o�
Signature
--
NOTARY PUBLIC in and for the State of
i at � �� �I+I� . QnCoJde('
�1V/� ' X IRES: -
STATE OF WA$HINGTON
COMM�BIONIXPiReB
�UI!��30,2b18
Draft Ordinance No.6670
Zayo Franchise Agreement Renewal
January 10,2018
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