HomeMy WebLinkAbout06-22-2026 Agenda Packet City Council
Study Session
CITY OF Community Wellness SFA
AJJJ3JJJ? I,4 June 22, 2026 - 5:30 PM
City Hall Council Chambers
WASHINGTON
AGENDA
CALL TO ORDER
PUBLIC PARTICIPATION
A. The Auburn City Council Study Session Meeting scheduled for Monday, June 22, 2026, at
5:30 p.m. will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
https://www.voutube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the below number or click the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Zoom: https://us06web.zoom.us/i/84665632075
ROLL CALL
AGENDA MODIFICATIONS
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 7020 (Krum) (20 Minutes)
An Ordinance relating to Nonconforming Structures, Land, and Uses Regulations
amending Sections 18.54.050, 18.54.060, 18.54.070, 18.54.080, and 18.70.020 of the
Auburn City Code
B. Ordinance No. 7024 (Gaub) (5 Minutes)
An Ordinance granting to Astound Broadband, LLC, a Washington Limited Liability
Company, a Franchise for Wireline Telecommunications
COUNCIL REPORTS
ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office and on the City website
(http://www.auburnwa.gov).
Page 1 of 44
CITY OF
/\IJBlJR.1'4 AGENDA BILL APPROVAL FORM
WASH I NGTON
Agenda Subject: Meeting Date:
Ordinance No. 7020 (Krum) (20 Minutes) June 22, 2026
An Ordinance relating to Nonconforming Structures, Land, and Uses
Regulations amending Sections 18.54.050, 18.54.060, 18.54.070,
18.54.080, and 18.70.020 of the Auburn City Code
Department: Attachments: Budget Impact:
Community Development Presentation, Ordinance No.
7020, Ordinance No. 7020
Exhibit A
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The proposed amendments to Chapter 18.54 "Nonconforming Structures, Land, and Uses" and
Section ACC 18.70.020 "Special Exceptions" of the Auburn City Code are to provide greater flexibility
in the continuation and maintenance of legally established nonconforming structures, land, and uses
to reduce unintended hardships on property owners and businesses while maintaining the City's long-
term vision and consistency with the Comprehensive Plan.
During the last Periodic Comprehensive Plan update, completed at the end of 2024, the City made
major adjustments or changes to the Zoning Ordinance (Title 18) and the Zoning Map. These
changes were completed so that the Zoning Ordinance and Zoning Map would be consistent with
changes to the City's Comprehensive Plan and Comprehensive Land Use Map. Also, since 2024, the
City has also updated the Downtown Subarea Plan and all zones within the downtown subarea.
Lastly, recent State legislation, such as House Bill (HB) 1491 related to Transit Oriented Development
within "station areas", will further result in changes to the Zoning Ordinance and Zoning Map.
Nonconforming structures, land, and uses are governed by the development regulations contained in
Chapter 18.54 of the Auburn City Code. The purpose of this Chapter is to allow for the continuance
and maintenance of legally established nonconforming structures, land, and uses. A nonconforming
use is one that, when originally established, complied with the categories of uses established,
development standards, and other applicable regulations at the time but no longer conforms. A legally
established nonconforming structure, land, or use means it was legal or lawful when it was
established. A structure, land, and use may become nonconforming when either it becomes
prohibited (i.e. is no longer allowed), the applicable development standards change, or the zoning
Page 2 of 44
district of which it resides changes.
The proposed amendments to Chapter 18.54 ACC were transmitted to the Washington State
Department of Commerce for agency review on February 6, 2026. No comments were received. The
Planning Commission reviewed the proposed code update on May 5, 2026 at their regular meeting. A
State Environmental Policy Act (SEPA) Non-Project Action Determination of Non-Significance (DNS)
was issued on March 4, 2026. The appeal period expired on March 18, 2026. No appeals were
received. The Planning Commission held a Public Hearing on June 2, 2026, and provided a
recommendation to City Council.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 3 of 44
CITY COUNCIL STUDY SESSION AUBURN
VALUES
NONCONFORMING
CODE UPDATE SERVICE
ENVIRONMENT
ECONOMY
PRESENTED BY
JASON KRUM - DIRECTOR CHARACTER
J U N E 22 , 2026 SUSTAI NABI LITY
WELLNESS
CELEBRATION
Department of Community Development
Planning • Building • Development Engineering • Permit Center
Economic Development • Code Enforcement
Page 4 of 44
WHAT ARE NONCONFORMING USES?
—•..._„ .Illr'wlq mi1'. ; r
�, IFIIIII.11,f.► _
E1111i111 i
' 11�;J- .. E11111
Table18.23.030. Permitted,Administrative,Conditionaland 1::i I Ell'
Prohibited Uses by Zone,Commercial and Industrial Zones Al— 1 .
P-Permitted ■ ,.--. f 1 uu1 I, I , . t
I_ PROPOSEDu.m, r o _
uum 411, L i -
PERMITTED,ADMINISTRATIVE,CONDITIONAL AND C Conditional _■ 1Ji /
PROHIBITED USES BY ZONE A-Administrative J Jr ifi,. \, SII IIIII,
X-ProhibitedAll ..I••• \ 1;1•1 ."=1
Zoning Designation El _ .077
I."'a -rm.
Standards for L -.1 mom.
LAND USE r� C_ _� n1 - �ma I. .rin
c-1 I M-2 Specific Land Uses rrW►_ .. .4.
\ - 1 r,;, .
AG irso.
r,iiiii 111 ----- /I 1
INDUSTRIAL,MANUFACTURING AND PROCESSING,WHOLESALING �Illf.. �,: _ _-....__ , 1,••°11_ I
1 \ IIIII:
Building contractor,light X P X P P 1111I, -i \ a iiiH_Innu .�!'
::L NMI.
/�� .... Iluuuu��
Building contractor,heavy X I. X J X CA J P \, e 11'fIl ._�+
_ `
�� ■urn�� \ - . .'t,
Manufacturing,assembling and X P X P P ACC18.31.180 01111IIIlh,i-
packaging-Light intensity 111'.�Iflll!:11 1. \�� 5 _
Manufacturing,assembling and X A X P P ACC 18.31.180 "GP CI �,
packaging-Medium intensity ,•„,. +.M....4l*Al.. I In Maw um In-•
Manufacturing,assembling and X X X X A ACC 18.31.180 =`,-
packaging-Heavy intensity , .. ,Irnial i-- di_,.ii a�.I, c2�.,..,,m.
�..
SERVICE • ENVIRONMENT • ECONOMY • CHARACTER • SUSTAINABILITY • WELLNESS • CELEBRATION 1
Page 5 of 44
WHICH STANDARDS GOVERN ?
CHAPTER 18 . 54 ACC
18 . 54 . 010 Intent
18 . 54 . 020 Continuance
18 . 54 . 030 Use of nonconforming land
18 . 54 . 040 Nonconforming signs
18 . 54 . 050 Changes of use . . .
18 . 54 . 060 Maintenance ...
18 . 54 . 070 Abatement
18 . 54 . 080 Amortization of outdoor storage
Page 6 of 44
PROPOSED CHANGES
CHAPTER 18 . 54 ACC
18 . 54 . 060 (G ) - Improvements Allowed
Not to exceed 50% valuation
Over the life of the use Within a 5-yr period
Page 7 of 44
PROPOSED CHANGES
CHAPTER 18 . 54 ACC
18 . 54 . 060 (G ) - Expansion of Use
Up to 25% - HEX Up to 10% - Administrative
Upto 25% - HEX
Page S of 44
PROPOSED CHANGES
CHAPTER 18 . 54 ACC
18 . 54 . 070 ( B) - Discontinued Use
Reestablishment must be within
180-days 3-yrs
No extension 2, 1-yr extension
No Conditions Conditions apply
Page 9 of 44
PROPOSED CHANGES
CHAPTER 18 . 54 ACC
18 . 54 . 070 ( B) - Discontinued Use
Reestablishment conditions
N o code enforcement violations
P roperty maintained in good standing
P roperty is actively marketed for sale at
competitive rates
Page 10 of 44
PLANNING COMMISSION
Planning Commission Discussion
May 5, 2026
P resentation & Discussion
June 2 , 2026
P resentation
P ublic Hearing
Deliberation and Vote ( Recommendation)
Page 11 of 44
NEXT STEPS :
AUBURN
RECOMMENDED ACTION VALUES
ORD . NO . 7020
JULY6 , 2026 SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
QUESTIONS? SUSTAINABILITY
WELLNESS
CELEBRATION
Department of Community Development
Planning • Building • Development Engineering • Permit Center
Economic Development • Code Enforcement
Page 12 of 44
ORDINANCE NO. 7020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO
NONCONFORMING STRUCTURES, LAND, AND USES
REGULATIONS AMENDING SECTIONS 18.54.050,
18.54.060, 18.54.070, 18.54.080, AND 18.70.020 OF THE
AUBURN CITY CODE
WHEREAS, nonconforming structures, land, and uses are governed by the
development regulations contained in Chapter 18.54 of the Auburn City Code (ACC),
which purpose is to allow for the continuance and maintenance of legally established
nonconforming structures, land, and uses; and
WHEREAS, legally established nonconforming structures, land, or uses exist
when the structure, land, or use conformed to the regulations and laws in existence at the
time of the initial project action but no longer conform because of amendments over time
to regulatory authority; and
WHEREAS, ACC section 18.70.020(A)(3) allows the Hearing Examiner, after a
public hearing, to authorize five specific deviations from development regulations known
as "special exceptions," one of which is an expansion of a legal nonconforming use or
structure; and
WHEREAS, ACC 18.68.030(B) allows for a "Zoning Text Amendment" or change
to the text of Title 18 ACC if an application is submitted and processed as a legislative
nonproject decision, consistent with ACC 14.03.060 and other public notice provisions of
Title 14 ACC; and
WHEREAS, during the last Periodic Comprehensive Plan update, completed at
the end of 2024, the City made major amendments to Title 18 ("Zoning") and the Zoning
Ordinance No. 7020
June 16, 2026
Page 1 of 4 Rev. 2026
Page 13 of 44
Map (ACC 18.02.080) to be consistent with changes to the City's Comprehensive Plan
and Comprehensive Land Use Map; and
WHEREAS, the intent of these text amendments is to provide greater flexibility in
the continuation and maintenance of legally established nonconforming structures, land,
and uses to reduce unintended hardships on property owners and businesses while
maintaining the City's long-term vision and consistency with the Comprehensive Plan;
and
WHEREAS, under Revised Code of Washington (RCW) 36.70A, the proposed text
amendments were transmitted to the Washington State Department of Commerce on
February 6, 2026, which commenced a 60-day notice period that ended on April 7, 2026,
during which no comments were received; and
WHEREAS, a State Environmental Policy Act (SEPA) Non-Project Action
Determination of Non-Significance (DNS) was issued on March 4, 2026, which appeal
period expired on March 18, 2026, with no appeals received; and
WHEREAS, the Planning Commission held a public hearing on June 2, 2026, and,
following public testimony and deliberation, voted to recommend these text amendments
to City Council for adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Sections 18.54.050, 18.54.060,
18.54.070, 18.54.080, and 18.70.020 of the Auburn City Code are amended to read as
shown in Exhibit A.
Ordinance No. 7020
June 16, 2026
Page 2 of 4 Rev. 2026
Page 14 of 44
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. 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 of it to any person
or circumstance, will not affect the validity of the remainder of this Ordinance, or the
validity of its application to other persons or circumstances.
Section 4. Corrections. The City Clerk and the codifiers of this Ordinance are
authorized to make necessary corrections to this Ordinance including, but not limited to,
the correction of scrivener's/clerical errors, references, Ordinance numbering,
section/subsection numbers, and any references thereto.
Ordinance No. 7020
June 16, 2026
Page 3 of 4 Rev. 2026
Page 15 of 44
Section 5. 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:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Published:
Ordinance No. 7020
June 16, 2026
Page 4 of 4 Rev. 2026
Page 16 of 44
Chapter 18.54 ACC, Nonconforming Structures, Land and Uses Page 1 of 7
Chapter 18.54
NONCONFORMING STRUCTURES, LAND AND USES
Sections:
18.54.010 Intent.
18.54.020 Continuance of nonconforming structures and uses.
18.54.030 Use of nonconforming land.
18.54.040 Nonconforming signs.
18.54.050 Changes of use, tenancy, ownership or management.
18.54.060 Maintenance, damage repairs and restorations, additions,
enlargements, moving or relocation of nonconforming structures,
and residential structures.
18.54.070 Abatement of nonconforming structures and uses.
18.54.080 Amortization and abatement of outdoor storage.
18.54.010 Intent.
Amendments over time to regulatory authority provided within this title may result in
structures, land and uses which no longer conform with the provisions set forth for the district
in which they are situated. Therefore it is the intent of this chapter to allow for the continuance
and maintenance of legally established nonconforming uses subject to standards and
provisions prescribed within this chapter. (Ord.4229§ 2, 1987.)
18.54.020 Continuance of nonconforming structures and uses.
Any nonconforming structure or use lawfully existing on the effective date of this title, or any
subsequent amendments to this title, may be continued and maintained in conformance with
provisions of this chapter, provided no enlargement of area, space or volume occupied by the
nonconforming use occurs. Any nonconforming structure authorized by a valid building permit
prior to the effective date of the ordinance codified in this title, or any subsequent amendments
to this title, may be completed and used in accordance with the plans, specifications and
The Auburn City Code is current through Ordinance 7002, passed October 6,2025.
Page 17 of 44
Chapter 18.54 ACC, Nonconforming Structures, Land and Uses Page 2 of 7
regulations under which such permit was issued. Expiration of authorized permits will result in
a loss of vested right for construction and use of such structure. (ord.4229§ 2, 1987.)
18.54.030 Use of nonconforming land.
If any parcel of land with a minimum lot size or lot dimension which is less than that prescribed
for by the district in which such parcel is located, was subdivided into lots according to a plat of
record on or before the effective date of the ordinance codified in this title, or any subsequent
amendments to this title, then the fact that the parcel of land does not meet the minimum lot
size or lot dimension requirements as set forth in this title shall not prohibit the property from
being utilized; provided, that all other regulations prescribed for that district by this title are
complied with, except as provided for in Chapter 18.31 ACC. (Ord.4229§ 2, 1987.)
18.54.040 Nonconforming signs.
Nonconforming signs shall be subject to provisions of Chapter 18.56 ACC. (Ord.4229§2, 1987.)
18.54.050 Changes of use, tenancy, ownership or management.
Changes of use, tenancy, ownership or management may occur to any existing legally
established and continued nonconforming use under one or more of the following
circumstances:
A. Any part of a structure occupied by an existing legally established and continued
nonconforming use may be changed to a use which, in the opinion of the planning-Director of
Community Development or designee, is of the same or of a more restrictive nature. When the
use of a nonconforming structure is hereafter changed to a more restrictive use, the structure
shall not thereafter be used for a less restrictive use.
B. There may be a change of tenancy, ownership or management of any existing legally
established and continued nonconforming use provided there is no change in the nature or
The Auburn City Code is current through Ordinance 7002, passed October 6,2025.
Page 18 of 44
Chapter 18.54 ACC, Nonconforming Structures, Land and Uses Page 3 of 7
character of such nonconforming use except as authorized within this chapter. (Ord.4229§ 2,
1987.)
18.54.060 Maintenance, damage repairs and restorations, additions,
enlargements, moving or relocation of nonconforming
structures, and residential structures.
A. Ordinary maintenance of a nonconforming structure which includes minor interior and
exterior repairs and incidental alterations is permitted. Minor maintenance and repair may
include but is not limited to painting, roof repair and replacement, plumbing, wiring,
mechanical equipment replacement, and weatherization. Incidental alterations may include
construction of nonbearing walls or partitions.
B. No structural alterations, as defined by the Uniform International Building Codes, shall be
made except as required by law or ordinance; provided, that the cost of such work shall not
exceed 50 percent of the assessed valuation of such structure as established by the most
current county assessor's tax roll.
C. A nonconforming structure having been damaged or partially destroyed to an extent not
exceeding 50 percent of the assessed valuation of such structure as established by the most
current county assessor's tax roll, may be restored to its original condition, as authorized by the
city's building official, and its immediately preceding or existing use at the time of partial
destruction may be continued or resumed. Restoration shall begin within one year and be
completed within two years of the date of partial destruction. If restoration is not started within
one year, then the reuse and occupancy of the structure shall conform to all the regulations of
the district in which the use is located.
D. Structures or lands which are nonconforming as to use regulations shall not be enlarged or
intensified in any manner unless the enlargement within such structures or lands conforms to
all regulations of the district in which it is located, except for expansion permitted under ACC
18.54.060(H).A nonconforming use, within a nonconforming structure, Jill not expand into
any portion of the nonconforming structure.
The Auburn City Code is current through Ordinance 7002, passed October 6,2025.
Page 19 of 44
Chapter 18.54 ACC, Nonconforming Structures, Land and Uses Page 4 of 7
E. Structures which are nonconforming as to percentage of site coverage, setbacks, building
height or density shall not be enlarged unless such enlargement conforms to the regulations of
the district in which it is located.
F. Nonconforming residential structures are allowed to provide maintenance, alterations and
additions which may exceed the requirements of this chapter; provided the total number of
dwelling units does not increase and all other development standards of the district are
complied with.
G. This chapter shall not prevent the following provided the total value of the improvements,
over the lifetime of the nonconforming L ewithin five years of the date of permit issuance, does
not exceed 50 percent of the assessed value of the nonconforming use as established by the
most current county assessor's tax roll. except for the following items: a th-e—
nonconforming use or structure is not expanded except as allowed by subsection H of this
section; provided further, that any replacement of a nonconforming-structure, or parts thereof,
must comply with the appropriate development standards unlosr a poicial exception is granted
pursuant to ACC 18.70.020:
1. Strengthening or restoring to a safe condition any nonconforming structure or part
thereof which is declared to be unsafe or a hazard to the public by the order of the
Community Development Director or designees city official charged with protecting the
public safety;
2. Lessening a hazardous situation, nuisance or other adverse environmental impact;
3. Bringing the structure or use into more conformance with this title;
4. Adapting the structure to new technologies or equipment; or
5. Improvements which do not increase the intensity of the nonconforming use.
H.Anv replacement of a nonconforming structure. or Darts thereof. must comply with the
appropriate development standards unless a special exception is granted pursuant to ACC
18.70.020.
Imo. A nonresidential structure or use which becomes a legal nonconforming structure or use
after the effective date of the ordinance codified in this title may may expand the existing use
or structure subject to the requirements of this chapter. be permitted by means of a special
The Auburn City Code is current through Ordinance 7002, passed October 6,2025.
Page 20 of 44
Chapter 18.54 ACC, Nonconforming Structures, Land and Uses Page 5 of 7
exceptionA legal nonconforming structure or use may be expanded administratively up to 10%
by the director or designee. Expansions of a legal nonconforming structure or use by more than
10%. not to exceed 25%. may be permitted by means of a special exception issued by the
hearing examiner pursuant to ACC 18.70.020 to expand the existing use or structi ire up to 25
percent of the use or structure existing at the time of the adoption of the ordinance codified in
this title; provided further, that the addition otherwise meets the standards of this title and
other requirements of the city.
This section does not allow the expansion of a use or structure which would be inconsistent
with a previously authorized administrative use permit, conditional use permit, special property
use permit, contract rezone, or binding agreement between the city and the property owner.
This section also does not allow the expansion of any nonconforming hazardous material
storage.
11. When a building or structure is moved to another location it must then be made to conform
to the requirements of the district to which it is moved, unless specifically allowed elsewhere by
this title.
KJ. Nonconforming single-unit detached. middle housing. and apartments single-family
residential homes and their accessory structures may be replaced and the new structure shall
either meet the development standards of the district in which the home isdwelling unit is or
are located or the new structure shall not be more nonconforming than the previous use.All
other applicable building and fire code requirements must be complied with. (Ord. 6269§21,
2009;Ord.5170§ 1, 1998; Ord.4705§ 2, 1994;Ord.4304§ 1(43), 1988; Ord.4229§2, 1987.)
18.54.070 Abatement of nonconforming structures and uses.
Nonconforming structures and uses shall be abated if one or more of the following
circumstances exist:
A. If a nonconforming use is discontinued and changed to a conforming use, any future use of
the structure or land shall be in conformity to the regulations of the district in which structure
or land is located_;
The Auburn City Code is current through Ordinance 7002, passed October 6,2025.
Page 21 of 44
Chapter 18.54 ACC, Nonconforming Structures, Land and Uses Page 6 of 7
B. If a nonconforming use or structure is discontinuedAny structure or portion of a
nonresidential structure, or parcel of land occupied by a nonconforming use which or becomes
vacant or unoccupied and romans s noccupied for a continuous period of 180 days more than
three years, it shall not thereafter be reestablished or occupied except by a use which conforms
to the use regulations of the district in which it is located, unless the director or designee
approves an extension pursuant to subsection C of this section. Failure to maintain compliance
with the criteria set forth in subsection (C)(2) of this section during the period of vacancy or
extension shall result in termination of the nonconforming status.Residentjal u-se-s-in
to reoccupy if a special exception is is.744ed purs..Aant to ACC 18.70.020;
C. The director or designee may administratively authorize the extension of a discontinued
nonconforming use or structure, up to two-years, in one-year increments, through a Type I
decision, allowing the nonconforming use or structure to be re-established without requiring
the nonconforming use or structure to conform with the use regulations of the zoning district in
which the property is located, subject to the following criteria and conditions:
1. An applicant for an extension shall make a written request for the extension a minimum of
90 calendar days prior to expiration of the discontinued nonconforming use.
2. The director or designee shall in consideration of granting an extension find:
a. The property has no open code enforcement violations: and
b. The property, including structures. landscaping, and amenities. is maintained so as
to not appear degraded relative to the previous condition of the property nor detract
from the surrounding neighborhood; and
c. The property owner has demonstrated a good faith effort to actively market the
property for sale or lease at a competitive market rate for occupancy and reuse.
CD. If a nonconforming structure sustains damage or destruction which exceeds 50 percent of
the current assessed valuation of the structure as established by the county assessor's office.
Reconstruction of such damaged structure or reuse of occupancy shall conform to all
regulations of the district in which it is located and it shall be treated as a new building.This
subsection shall not apply to single-unit detached. middle housingfam fly d eTIincrc and
apartments. (Ord.5170§ 1, 1998;Ord.4229§ 2, 1987.)
The Auburn City Code is current through Ordinance 7002, passed October 6,2025.
Page 22 of 44
Chapter 18.54 ACC, Nonconforming Structures, Land and Uses Page 7 of 7
18.54.080 Amortization and abatement of outdoor storage.
All outdoor storage yards that do not comply with the landscape and screening requirements of
Chapter 18.50 ACC which are located within an M-1 zone that are adjacent to a residential zone
or are visible from a public street&#a-I-4, within throe„ears ref the adoption of this titleand make
any improvements included in ACC 18.54.060, shall screen and landscape the outdoor storage
pursuant to the requirements of Chapter 18.50 ACC, or the use shall be abated. (Ord.6885§ 1
(Exh.A),2022; Ord.4229§ 2, 1987.)
The Auburn City Code is current through Ordinance 7002, passed October 6,2025.
Page 23 of 44
ACC 18.70.020,Special exceptions Page 1 of 2
18.70.020 Special exceptions.
A. Only the following special exceptions may be granted by the hearing examiner after a public
hearing is held pursuant to ACC 18.70.040:
1. Platted lots within the same block and same zone, but separated by a public alley, may
be used as a single building site for the purpose of calculating the number of dwelling units
permitted in a structure to be erected on one side of the alley, subject to the following
requirements:
a. Each portion of the property shall abut a minimum of 100 feet upon the alley.
b. The two portions of the property shall be directly opposite for a distance
representing at least 50 percent of the width of the portion of the property not to be
occupied by the proposed building.
c. The portion of the property not occupied by the building shall not be sold,
segregated or used for building purposes so long as the building remains on the
portion of property on the opposite side of the alley.
2. Whenever there is a changes from residential se to a nonresidential use in an existing
requirements.
32. A nonresidential structure or use which becomes a legal nonconforming structure or
use after may expand the existing use or structure subject to the requirements of this
chapter. the effective date of the ordinance codified in this title may be permitted, by
means of a special exception, Expansions of a legal nonconforming structure or use by
more than 10%. not to exceed 25%. may be permitted by means of a special exception to
time of the adoption of this title; provided further, that the addition otherwise meets the
standards of this title and other requirements of the city.
This section does not allow the expansion of a use or structure which would be
inconsistent with a previously authorized administrative use permit, conditional use permit,
special property use permit, contract rezone, or binding agreement between the city and
The Auburn City Code is current through Ordinance 7008, passed November 17,2025.
Page 24 of 44
ACC 18.70.020,Special exceptions Page 2 of 2
the property owner. This section also does not allow the expansion of any nonconforming
hazardous material storage.
43. Pursuant to ACC 18.54.060(G), a special exception may be issued for the replacement
of a nonconforming structure or part thereof which does not comply with the appropriate
development standards.
F. Pursuant to ACC 18.511.070(i), a special exception magi be issued for resident al in
commerc l or industrial zones, to reoccupy if unoccupied for longer than 130 days.
B. In considering applications for special exceptions, the hearing examiner shall consider the
nature and condition of all adjacent uses and structures, and no such special exception shall be
authorized by the hearing examiner unless the hearing examiner finds that the authorizing of
such special exception will not be materially detrimental to the public welfare or injurious to
property in the zone or vicinity in which the property is located, and that the authorization of
such special exception will be consistent with the spirit and purpose of this title. In authorizing a
special exception, the hearing examiner may impose such requirements and conditions with
respect to location, installation, construction, maintenance and operation and extent of open
spaces in addition to those expressly set forth in this title as may be deemed necessary for the
protection of other properties in the zone or vicinity and the public interest. (Ord.6269§24,2009;
Ord.4840§ 1, 1996;Ord.4229§ 2, 1987.)
The Auburn City Code is current through Ordinance 7008, passed November 17,2025.
Page 25 of 44
*
*
CITY OF *
AUBURNAGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Meeting Date:
Ordinance No. 7024 (Gaub) (5 Minutes) June 22, 2026
An Ordinance granting to Astound Broadband, LLC, a Washington Limited
Liability Company, a Franchise for Wireline Telecommunications
Department: Attachments: Budget Impact:
Public Works Draft Ordinance No. 7024
Administrative Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or telecommunications
carrier or operator to use public ways of the City and to provide service to persons or areas inside or
outside of the City.
Astound Broadband, LLC has applied for a new Franchise Agreement to continue to operate their
existing fiber optic telecommunications facilities located in the public ways within the City Limits as
their current Franchise Agreement is in a month to month status. Astound provides
telecommunications services that include telecommunications capacity and dark fiber, transmission of
voice, data, or other electronic information, non-switched, dedicated and private line services, and
high capacity fiber optic transmission services to firms, businesses and institutions. The proposed
agreement is consistent with the City's standard Franchise Agreement language.
A Public Hearing to consider this application and take public comment is scheduled before the City
Council on July 6, 2026, in accordance with Auburn City Code 20.04.040.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 26 of 44
ORDINANCE NO. 7024
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ASTOUND BROADBAND, LLC, A WASHINGTON
LIMITED LIABILITY COMPANY, A FRANCHISE FOR
WIRELINE TELECOMMUNICATIONS.
WHEREAS, Astound Broadband, LLC, a Washington limited liability
company ("Franchisee") holds an existing Franchise which has recently expired,
and has applied for a new non-exclusive Franchise for the right of entry, use, and
occupation of certain public ways within the City of Auburn ("City"), expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its facilities
in, on, over, under, along and/or across those public ways; and
WHEREAS, following proper notice, the City Council held a public hearing
on Franchisee's request for a new Franchise; and
WHEREAS, based on the 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 to grant a new Franchise to Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this Franchise and the interpretation and enforcement thereof,
definitions of words and phrases shall be in accordance with the definitions set
forth in this Franchise and in Auburn City Code 20.02.020. If there is a conflict
between any of the definitions set forth in this Franchise and the definitions set
forth in Auburn City Code 20.02.020, the definitions in this Franchise shall govern
to the extent of such conflict.
A. "ACC" means the Auburn City Code.
B. "Franchise" means this agreement approved by Ordinance No. 7024
of the City which authorizes Franchisee Facilities and the providing of Franchisee
Services in the Franchise Area.
C. "Franchisee's Facilities" means fiber optic and broad band
communications services infrastructure and equipment constructed and operated
within the public ways including all cables, wires, conduits, ducts, pedestals, and
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 1 of 18
Page 27 of 44
any associated converter equipment or other items necessary for
Telecommunications Services as defined in RCW 35.99.010(7), that are located in
the Franchise Area.
Franchisee's Facilities do not include facilities used to provide wireless services,
including antennas or other equipment, appliances, attachments and
appurtenances associated with wireless telecommunications facilities.
Franchisee's facilities do not include small wireless facilities, microcell, minor
facility, or small cell facilities, as defined in RCW 80.36.375. Franchisee's facilities
do not include any facilities that are not located within the Franchise Area or that
are covered under a separate franchise agreement or agreement.
D. "Franchisee's Services" means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Franchisee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable. Franchisee's Services may also include non-switched,
dedicated and private line, high capacity fiber optic transmission services to firms,
businesses or institutions within the City and other lawful services not prohibited
by this Ordinance. However, Franchisee's Services will not include the provision
of "cable services", as defined by 47 U.S.C. §522, as amended, for which a
separate franchise would be required.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Franchise, the City
grants to the Franchisee general permission to enter, use, and occupy the
Franchise Area, located within the incorporated area of the City. Franchisee may
locate the Franchisee's Facilities within the Franchise Area subject to all applicable
laws, regulations, and permit conditions.
B. The Franchisee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee's
Facilities to provide Franchisee's Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including franchise agreements, impacting the
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 2 of 18
Page 28 of 44
Franchise Area, for any purpose that does not interfere with Franchisee's rights
under this Franchise.
E. Except as explicitly set forth in this Franchise, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, public ways, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Franchisee acknowledges its use of the Franchise Area shall have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any public way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities, the City may reserve an easement for public utilities within
that vacated portion, pursuant to RCW 35.79.030, within which the Franchisee may
continue to operate any existing Franchisee Facilities under the terms of this
Franchise for the remaining period set forth under Section 4, or as otherwise
provided for by the reserved easement or other such instrument or authority.
G. The Franchisee agrees that its use of Franchise Area shall at all
times be subordinated to and subject to the City and the public's need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. Upon written request, the Franchisee shall provide the City with
contact information for any user of the Franchisee's Facilities that has authority to
physically operate, control, or access Franchisee's Facilities. Franchisee
acknowledges that the City may determine if Franchisee's client, lessee, sub-
lessee, customer, or other entity is required to obtain a franchise agreement with
the City
Section 3. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party. Any such notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the receiving party. Any
communication made by e-mail or similar method will not constitute notice
pursuant to this Franchise.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 3 of 18
Page 29 of 44
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
Email Address: rowusepermit@auburnwa.gov
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: Astound Broadband, LLC
Attn: Jared Sonne, GM/SVP
4786 1st Ave S
Seattle, WA 98134
Telephone: (888) 317-0488
with a copy to: Astound Broadband, LLC
Attn: Legal Dept.
650 College Road East, Suite 3100
Princeton, NJ 08540
Email Address: legal@astound.com
B. Any changes to the above-stated Franchisee information shall be
sent to the City's Right-of-Way Specialist, Public Works Department —
Transportation Division, with copies to the City Clerk, referencing the title of this
Franchise.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee: (888) 317-0488.
Section 4. Term of Franchise
A. This Franchise shall run for a period of fifteen (15) years, from the
date of Franchise Acceptance as described in Section 5 of this Franchise.
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise's term or any
extension thereof, this Franchise automatically continues month to month until a
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) days in advance of intent to cancel this Franchise.
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 4 of 18
Page 30 of 44
Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit "A"), (2) all verifications of
insurance coverage specified under Section 16, (3) the financial security specified
in Section 17, and (4) payment of any outstanding application fees required in the
City Fee Schedule. These four items will collectively be the "Franchise
Acceptance". The date that such Franchise Acceptance is filed with the City Clerk
will be the effective date of this Franchise, which such date the City shall note and
provide written notice of to Franchisee.
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise as described in Section 28 of this Franchise, the City's grant of the
Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Franchisee's Facilities will be installed within the public way and may require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Franchisee as provided for in Chapter 35.99 RCW.
D. Before beginning any work within the public way, the Franchisee will
comply with the One Number Locator provisions of Chapter 19.122 RCW to identify
existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City the
Franchisee shall have the authority to trim trees upon and overhanging streets,
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee's Facilities.
Franchisee shall be responsible for debris removal from such activities. If such
debris is not removed within 24 hours, the City may, at its sole discretion, remove
such debris and charge the Franchisee for the cost thereof. This section does not,
in any instance, grant automatic authority to clear vegetation for purposes of
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 5 of 18
Page 31 of 44
providing a clear path for radio signals. Any such general vegetation clearing will
require other permits as necessary from the City.
Section 7. Trench Repair for Street Restorations
A. At any time during the term of this Franchise, if a Franchisee Facility
or Franchisee's work, whether in progress or completed, within the Franchise Area
causes a street to crack, settle, or otherwise fail, the City will notify Franchisee of
the deficiency and Franchisee agrees to restore the deficiency and repair the
damage within thirty (30) days of written notice by the City, or such other timeframe
as determined by the City.
B. For purposes of the Section, "street" shall mean all City owned
improvements within a public way, including, but not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, and traffic
control devices.
Section 8. Repair and Emergency Work
In the event of an emergency, the Franchisee may commence repair and
emergency response work as required under the circumstances. The Franchisee
will notify the City telephonically during normal business hours (at 253-931-3010)
and during non-business hours (at 253-876-1985) as promptly as possible, before
such repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Franchisee's emergency contact
phone number for corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the
Franchisee, but will notify the Franchisee in writing as promptly as possible under
the circumstances. Franchisee will reimburse the City for the City's actual cost of
performing emergency response work.
Section 9. Damages to City and Third-Party Property
Franchisee agrees that if any of its actions, or the actions of any person,
agent, or contractor acting on behalf of the Franchisee under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Franchisee will restore, at its own cost and expense, the property to a
safe condition. Upon returning the property to a safe condition, the property shall
then be returned to the condition it was in immediately prior to being damaged (if
the safe condition of the property is not the same as that which existed prior to
damage). All repair work shall be performed and completed to the satisfaction of
the City Engineer.
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 6 of 18
Page 32 of 44
Section 10. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility or other franchisee, other than the Franchisee's, which was installed,
constructed, completed or in place prior in time to Franchisee's application for a
permit to construct or repair Franchisee's Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee's Facilities.
However, to the extent that the Franchisee's Facilities are completed and installed
before another utility or other franchisee's submittal of a permit for new or
additional structures, equipment, appurtenances, or tangible property, then the
Franchisee's Facilities will have priority. These rules governing preference shall
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
Franchisee's Facilities. Such relocations will be governed by Section 11 and
Chapter 35.99 RCW.
B. Franchisee will 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 Franchisee and other
utility purveyors or authorized users of the public way, will develop guidelines and
procedures for determining specific utility locations.
Section 11. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee 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 required by Chapter 35.99 RCW.
Pursuant to the provisions of Section 15, Franchisee agrees to protect and save
harmless the City from any customer or third-party claims for service interruption
or other losses in connection with any such change, relocation, abandonment, or
vacation of the public way.
B. If a readjustment or relocation of the Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
Section 12. Abandonment and/or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee's
permanent cessation of use of the Franchisee's Facilities, the Franchisee will, at
the City's discretion, either abandon in place or remove the affected facilities.
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 7 of 18
Page 33 of 44
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee's Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City's
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Franchisee will underground the Franchisee's Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Franchisee's Facilities.
Common costs will include necessary costs for common trenching and utility
vaults. Fair share will be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
Franchisee's activities and fulfill any municipal obligations under state law. Said
information will include, at a minimum, as-built drawings of Franchisee's 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 database system, including
the City's Geographic Information System (GIS) database. Franchisee will keep
the City informed of its long-range plans for coordination with the City's long-range
plans.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 8 of 18
Page 34 of 44
Section 15. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all third
party claims, suits, actions, or liabilities for injury or death of any person, or for loss
or damage to property, which arises out of Franchisee's acts, errors or omissions,
or from the conduct of Franchisee's business, or from any activity, work or thing
done, permitted, or suffered by Franchisee arising from or in connection with this
Franchise, except to the extent such injury or damage as shall have been
occasioned by the gross negligence of the City.
However, should a court of competent jurisdiction determine that this Franchise is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Franchisee and the City, its officers, officials,
employees, and volunteers, the Franchisee's liability hereunder shall be only to the
extent of the Franchisee's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Franchisee's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of
this Franchise.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee's 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, public way, or other
property, except to the extent any such damage or loss is directly caused by the
willful act or omission or negligence of the City, or its agent performing such work.
C. The Franchisee acknowledges that neither the City nor any other
public agency with responsibility for firefighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. The Franchisee will hold the City harmless from any liability
arising out of or in connection with any damage or loss to the Franchisee for the
City's failure or inability to provide such services, and, pursuant to the terms of
Section 15(A), the Franchisee will 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. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 9 of 18
Page 35 of 44
Section 16. Insurance
A. The Franchisee shall procure and maintain for the duration of this
Franchise and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the Franchise and use of the public way.
B. No Limitation. The Franchisee's maintenance of insurance as
required by this Franchise shall not be construed to limit the liability of the
Franchisee to the coverage provided by such insurance, or otherwise limit the
City's recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance. The Franchisee shall obtain
insurance of the types and coverage described below:
1. Commercial General Liability insurance shall be at least as
broad as Insurance Services Office (ISO) occurrence form CG 00 01 and
shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury
and advertising injury, and liability assumed under an insured contract.
There shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The City shall be named as an additional
insured under the Franchisee's Commercial General Liability insurance
policy with respect this Franchise using ISO endorsement CG 20 12 05 09
if the Franchise is considered a master permit as defined by RCW
35.99.010, or CG 20 26 07 04 if it is not, or substitute endorsement providing
at least as broad coverage.
2. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be at least as broad as
ISO form CA0001.
3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution
conditions that arise from the operations of the Franchisee. Contractors
Pollution Liability shall cover bodily injury, property damage, cleanup costs
and defense, including costs and expenses incurred in the investigation,
defense, or settlement of claims.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as the Franchisee's Commercial General
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 10 of 18
Page 36 of 44
Liability and Automobile Liability insurance. The City shall be named as an
additional insured on the Franchisee's Excess or Umbrella Liability
insurance policy.
D. Minimum Amounts of Insurance. The Franchisee shall maintain
insurance that meets or exceeds the following limits:
1. Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general
aggregate.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
accident.
3. Contractors Pollution Liability insurance shall be written in an
amount of at least $1,000,000 per loss, with an annual aggregate of at least
$2,000,000.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington and employer's liability
insurance with limits of not less than $1,000,000.
5. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
The Excess or Umbrella Liability requirement and limits may be satisfied
instead through Franchisee's Commercial General Liability and Automobile
Liability insurance, or any combination thereof that achieves the overall
required limits.
E. Other Insurance Provisions. Franchisee's Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect to the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Franchisee's insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
G. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, including
limits no less than what is required of Franchisee under this Franchise. The
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 11 of 18
Page 37 of 44
Franchisee shall ensure that the City is an additional insured on each and every
Subcontractor's Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 26.
H. Verification of Coverage. The Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of this Franchise. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Franchise and evidence of all subcontractors'
coverage.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within five business days of their receipt of such
notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of the
Franchise, upon which the City may, after giving five business days' notice to the
Franchisee to correct the breach, terminate the Franchise.
K. City Full Availability of Franchisee Limits. If the Franchisee maintains
higher insurance limits than the minimums shown above, the City shall be insured
for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Franchisee, irrespective of whether such limits maintained by
the Franchisee are greater than those required by this Franchise or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Franchisee.
L. Franchisee — Self-Insurance. Franchisee will have the right to self-
insure any or all of the above-required insurance. Any such self-insurance is
subject to prior approval by the City, which such approval shall not be
unreasonably conditioned, delayed, or withheld. If the Franchisee is self-insured
or becomes self-insured during the term of the Franchise, Franchisee or its
affiliated parent entity shall comply with the following:
1. Franchisee shall submit a letter to the City stating which of the
above required insurance provisions in this Section 16 Franchisee proposes
to self-insure. This letter must include a description of Franchisee's self-
insurance program a certificate and/or letter of coverage that outlines
coverage, limits, and deductibles.
2. Franchisee's self-insured risk management programs or self-
insured/liability pool financial reports must comply with Generally Accepted
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 12 of 18
Page 38 of 44
Accounting Principles (GAAP) and adhere to accounting standards
promulgated by: Governmental Accounting Standards Board (GASB),
Financial Accounting Standards Board (FASB), and the Washington State
Auditor's annual instructions for financial reporting.
3. Franchisees participating in joint risk pools shall maintain
sufficient documentation to support the aggregate claim liability information
reported on the balance sheet. The City of Auburn need not be named as
additional insured under a self-insured property/liability pool, if the pool is
prohibited from naming third parties as additional insured.
4. Franchisee shall provide the City, upon request, a copy of
Franchisee's or its parent company's most recent audited financial
statements, if such financial statements are not otherwise publicly available.
If such financial statements are identified by the Franchisee as proprietary
and confidential, or for security reasons cannot be copied or removed, then
the City shall inspect them at the Franchisee's local office in Seattle,
Washington. If Franchisee no longer has a local office in Seattle,
Washington, then Franchisee will make such financial statements available
for the City's inspection at an alternate location within a 25-mile radius of
the City of Auburn.
5. Franchisee or its parent company shall be responsible for all
payments within the self-insured retention.
6. Franchisee assumes all defense and indemnity obligations as
outlined in Section 15.
7. Franchisee shall provide a summary of coverages and a letter
of self-insurance, evidencing continued coverage under Franchisee's self-
insured/liability pool or self-insured risk management program. Such annual
summary of coverage and letter of self-insurance shall be provided on the
anniversary of the effective date of this Agreement.
Section 17. Financial Security
The Franchisee will provide the City with a financial security 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 the City. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee's failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 13 of 18
Page 39 of 44
abandonment of facilities. Franchisee specifically agrees that its failure to comply
with the terms of Section 20 will constitute damage to the City in the monetary
amount set forth in that section. Any financial security will not be construed to limit
the Franchisee's liability to the security amount, or otherwise limit the City's
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 18. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Franchisee, and all rights and privileges, as well as
all obligations and liabilities of the Franchisee will inure to its successors,
assignees and contractors equally as if they were specifically mentioned herein
wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) days prior to the
proposed date of transfer: (1) Complete information setting forth the nature, term
and conditions of the proposed assignment or transfer; (2) All information required
by the City of an applicant for a Franchise with respect to the proposed assignee
or transferee; and, (3) An application fee in the amount established by the City's
fee schedule, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Before the City's consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee will
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor's state of
compliance and failure of the City to insist on full compliance before transfer does
not waive any right to insist on full compliance thereafter.
Section 19. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Franchise, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Franchise. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties will make a good faith effort to achieve a resolution
of the dispute.
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 14 of 18
Page 40 of 44
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 will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Franchise, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys' fees and costs.
Section 20. Enforcement and Remedies
A. If the Franchisee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this Franchise,
the City may, at its discretion, provide Franchisee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Franchisee's submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty
day cure period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or the Franchisee does not comply with the
specified 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 17 for every
day after the expiration of the cure period that the breach is not cured.
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to cancel this Franchise and require the
Franchisee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Franchisee's
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
Section 21. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will be subject to the police power of the City to adopt and enforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 15 of 18
Page 41 of 44
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Franchisee makes a written call for
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Franchisee's concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Franchisee, if the Franchisee fails to comply with such amendment or
modification.
Section 22. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under authority granted to it under state or
federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 23. Consequential Damages Limitation
Notwithstanding any other provision of this Franchise, in no event will either
party be liable for any special, incidental, indirect, punitive, reliance, consequential
or similar damages.
Section 24. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 25. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 16 of 18
Page 42 of 44
Section 26. Implementation
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. Entire Franchise
This Franchise, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous franchises between the parties pertaining to Franchisee's operation of its
Facilities are hereby superseded.
Section 28. 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:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
PUBLISHED:
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 17 of 18
Page 43 of 44
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 attached hereto and incorporated herein by this reference.
Franchisee Name: Astound Broadband, LLC
Address:
City, State, Zip:
By: _ Date:
Signature
Name:
Title:
STATE OF )
)ss.
COUNTY OF )
On this day of , 20 , 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 they are 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:
Ordinance No. 7024
Franchise Agreement No. FRN24-0004
April 29, 2026
Page 18 of 18
Page 44 of 44