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Home My WebLink About6731 ORDINANCE NO. 6731 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL OF ORDINANCE NO. 6555, WITH AMENDMENTS, FOR ASTOUND BROADBAND, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, FRANCHISE AGREEMENT NO. FRN19-0015, FOR A TELECOMMUNICATIONS SYSTEM WHEREAS, on March 16, 2015, the City Council adopted Ordinance No. 6555, granting a telecommunications franchise to Astound Broadband, LLC; and WHEREAS, Astound Broadband, LLC wishes to renew said Franchise Agreement for an additional five-year term; and WHEREAS, the City has changed permitting and tracking systems for such agreements and Franchise Agreement No. 14-51 has an updated system identification number: FRN19-0015 for Astound Broadband LLC; and WHEREAS, following proper notice, the City Council held a public hearing on Astound Broadband, LLC's request for renewal of Ordinance No. 6555, at which time representatives of Astound Broadband, LLC and interested residents 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 that the renewal of Ordinance No. 6555 be granted to Astound Broadband, LLC. Ordinance No. 6731 Franchise Agreement No. FRN19-0015 Renewal (Former Franchise Agreement No. 14-51) October 21, 2019 Page 1 of 7 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Renewal. The City approves Astound Broadband, LLC's application for renewal for one five-year period as provided for in Section 3 of Ordinance No. 6555, under the conditions set forth in this Ordinance. Such five- year renewal period shall commence on the effective date of this Ordinance. Section 2. Amendments to Ordinance No. 6555. Section 2, Paragraph A. of Ordinance No. 6555 regarding Grantee contact information is amended as follows; Grantee: Jim Penney �. .. f 99 Telephone: (425) 896 1891 Fax: (425) 896 1911 Joseph Kahl Vice President, Regulatory and Public Affairs Astound Broadband, LLC 650 College Road East, Suite 3100 Princeton, NJ 08540 Telephone: (609) 681-2184 Email:joseph.kahlArcn.net Section 7. Repair and Emergency of Ordinance No. 6555 is amended as follows: In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, provided that the Ordinance No. 6731 Franchise Agreement No. FRN19-0015 Renewal (Former Franchise Agreement No. 14-51) October 21, 2019 Page 2 of 7 Grantee shall notify the City Engineering-Aide in writing as promptly 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, without prior written notice in the case of emergency, but shall notify the Grantee in writing as promptly as possible under the circumstances. Section 10. Grantee Information, Paragraph A of Ordinance No. 6555 is amended as follows; A. Grantee agrees to supply, at no cost to the City, any information reasonably requested by the City Engineering Aide to coordinate municipal functions with Grantee's activities and fulfill 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 location of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, compatible with the City's data base system, as now or hereinafter existing, including the City's gGeographic ilnformation Service (GIS)data base. Grantee shall keep the City Engineering Ade informed of its long-range plans for coordination with the City's long range plans. Section 14. Indemnification and Hold Harmless, Paragraph B of Ordinance No. 6555 are amended as follows; 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 Ordinance No. 6731 Franchise Agreement No. FRN19-0015 Renewal (Former Franchise Agreement No. 14-51) October 21, 2019 Page 3 of 7 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 sole negligence or willful misconduct of the City, or its agent performing such work. Section 15. Insurance, Paragraphs A 2 and F of Ordinance No. 6555 are amended as follows; A. 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 at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractor, products- completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The commercial General Liability insurance shall be endorsed to provide the 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 property 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 Additional Insured Endorsement CG 20 10 10 01 and Additional Insured- Ordinance No. 6731 Franchise Agreement No. FRN19-0015 Renewal (Former Franchise Agreement No. 14-51) October 21, 2019 Page 4 of 7 Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. F. Grantees maintenance of insurance its scope of coverage and limits as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 3. Astound Broadband, 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, which written acceptance shall be Exhibit A, attached and incorporated by this this reference. Section 4. This Ordinance shall supersede Ordinance No. 6555 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. 6555. All other provisions of Ordinance No. 6555 shall remain unchanged and in full force and effect. Section 5. Implementation.The Mayor is 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 Ordinance No. 6731 Franchise Agreement No. FRN19-0015 Renewal (Former Franchise Agreement No. 14-51) October 21, 2019 Page 5 of 7 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 will take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: DEC 1 6 2019 PASSED: UhC 1 6 201.E APPROVED: DEC 1 6 201) NANCY KUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney Published: Ordinance No. 6731 Franchise Agreement No. FRN19-0015 Renewal (Former Franchise Agreement No. 14-51) October 21, 2019 Page 6 of 7 EXHIBIT "A" STATEMENT OF ACCEPTANCE Astound Broadband, LLC., for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise Agreement, Ordinance No. 6555, incorporated herein by this reference as amended by Ordinance No. 6731. Astound Broadband, LLC 650 College Road East, Suite 3100 Princeton, NJ 08540 By: Date: December 20th, 2019 Nam oseph Kah Title: VP, Regulatory & Public Affairs STATE OF New Jersey ) )ss. COUNTY OF Mercer ) On this 20th day of December, 2019, before me the undersigned, a Notary Public in and for the State of New Jersey, duly commissioned and sworn, personally appeared, Joseph Kahl of Astound Broadband, LLC, 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 Fate her nabo e se fort Signature NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES FEB. 18,2021 N•TAIL PUBLIC in and for the State of , residing at MY COMMISSION EXPIRES: O2//k/o7d-,7/ Ordinance No. 6731 Franchise Agreement No. FRN19-0015 Renewal (Former Franchise Agreement No. 14-51) October 21, 2019 Page 7 of 7