HomeMy WebLinkAboutO-3068 - Granting Verizon a Nonexclusive FranchiseCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 D6'8
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON.
SETTING FORTH THE AGREEMENT BETWEEN THE CITY OF
MARYSVILLE AND MCIMETRO ACCESS TRANSMISSION SERVICES
CORP., A DELAWARE CORPORATION, D/B/A VERIZON ACCESS
TRANSMISSION SERVICES, GRANTING VERIZON ACCESS
TRANSMISSION SERVICES A NONEXCLUSIVE FRANCHISE TO
CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, AND REMOVE
TELECOMMUNICATIONS FACILITIES WITHIN CITY RIGHTS-OF-WAY.
WHEREAS, MCimetro Access Transmission Services Corp, a Delaware corporation d/b/a
Verizon Access Transmission Services (the "Company") has applied for a nonexclusive
franchise to construct, operate, maintain, repair, replace, and remove wired telecommunications
facilities on Rights-of-Way within the City; and
WHEREAS, the Company and the City have engaged in negotiations regarding the Company's
right to utilize the City Rights-of-Way; and
WHEREAS, the City will authorize the Company to utilize the City Rights-of-Way subject to
certain conditions and restrictions; and
WIIEREAS, RCW 35A.47.040 and Chapter 35.99 RCW authorize the City to grant nonexclusive
master permits or franchises for telecommunications facilities in the City Rights-of-Way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS AND THE PARTIES DO HEREBY AGREE
AS FOLLOWS:
Section 1. Definitions.
For the purposes of this Ordinance, the following words, terms, and phrases shall have the
meanings stated in this section. When consistent with the context. words used in the present
tense include the future, words in the plural include the singular, and words in the singular
include the plural. To the extent not defined in this section, words shall be given their common
and ordinary meaning. The word "shall'' is always mandatory and not merely directory.
1.1 "Afiiliate" means any corporate entity that ( 1) the Company owns or controls. (2) the
Company is owned or controlled by, or (3) is under common ownership with the Company. Any
entity in which the Company has ownership of five percent (5%) or more of the equity
ownership (either voting, control. or value) or in which the Company has actual working control.
in whatever manner exercised, is an Affiliate. Both the entity owned or controlled and the entity
owning or controlling are Affiliates of each other.
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1.2 ''Cable Television Service" means the one-way transmission to subscribers of video
programing or other programing service and subscriber interaction. if any, which is required for
the selection or use of the video programming or other programming service.
1.3 "City" means the City of Marysville, Washington, and all the territory within its present
and future boundaries and including any area over which the City exercises jurisdiction.
1.4 "City Codes" means the Marysville Municipal Code ("MMC") and all ordinances,
resolutions, standards, regulations, procedures, and policies of the City, all as currently existing
or as hereafter amended or adopted.
I .S "Communications Services" means telecommunications services or capacity provided by
the Company using its Facilities, either directly or by its Affiliates, including, but not limited to,
the transmission of voice, data, or other electronic information by wire, fiber optic cable. or other
similar means. For purposes of this subsection, "information" means knowledge or intelligence
represented by writing, signs, signals, pictures, sounds, or any other symbols. Communications
Services does not include Cable Television Service or Wireless Telecommunications Services.
1.6 "Facilities" means the Company's telecommunications system constructed and operated
within the City's Rights-of-Way. Facilities shall include all wires .. fiber optic cables, cables,
amplifiers, conductors, lines, conduits, ducts, manholes, pedestals, meters, and any associated
conve1iers, equipment, or other appurtenances and facilities for the purpose of providing
Communications Services under this Franchise.
1. 7 "Franchise" means the nonexclusive rights, privileges, obligations, and authority granted
to the Company under this Ordinance. The Franchise may also be referred to as the "Master
Permit" or the "Agreement."
1.8 "Person" means any individual, corporation, partnership, association. joint venture,
organization, or entity of any kind and the lawful trustee, successor, assignee, transferee .. or
personal representative thereof.
1. 9 "Rights-of-Way" means the surface of any land and any space above or below the land
previously or hereafter acquired by or dedicated to the public or the City for the purposes. in
whole or in paii, of public travel. Rights-of-Way includes, but is not limited to, public streets,
roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements, and similar public
property and areas located within the City and under the City's jurisdiction. Rights-of-Way. for
purposes of this Franchise, shall only include those areas that have been improved and/or
maintained by the City. Rights-of-Way shall not include State highways. Rights-of-Way shall not
include structures, including poles and conduits, located within the Rights-of-Way.
1.10 "Wireless Telecommunications Services'' means the wireless transmission of voice .. data,
or other electronic information by antennas and radio units whether macrocells .. microcells .. small
cells, distributed antenna systems, or other similar means and associated support facilities
including towers. poles, and base stations. Wireless Telecommunications Services does not
include providing Communications Services to a site for connection to Wireless
Telecommunications Services.
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Section 2. Grant of Franchise.
2.1 The City hereby grants the Company a Franchise to use and occupy Rights-of-Way for
the purpose of providing Communications Services, including, without limitation, the right to
construct, operate, maintain, repair, replace, and remove Facilities in accordance with this
Ordinance. The Company and the City recognize that the Company intends .. pursuant to this
Franchise, to operate and maintain a wired telecommunications system. This Franchise does not
grant the Company the right to utilize Rights-of.-Way to construct, operate, maintain. repair,
replace, or remove any facilities to provide Wireless Telecommunications Services. However,
pursuant to this Franchise, the Company may provide Communications Services as fronthaul and
backhaul support for Wireless Telecommunications Services located on private property or
otherwise constructed, operated, or maintained pursuant to a valid franchise from the City. In
order to provide any other services over the Facilities, the Company shall first be required to
obtain any additional governmental authorizations required by law.
2.2 In exercising its rights and obligations under this Franchise, the Company shall comply
with all lawfully enacted City Codes. In the event of a conflict between the provisions of this
Franchise and the City Codes, the more restrictive provision shall control, provided that if such
more restrictive provision is contained in this Franchise and is inconsistent with a City ordinance
adopted after the effective date of this ordinance or any State or Federal law or regulation, such
provision shall not apply. In addition, in exercising its rights and obligations under this
Franchise, the Company shall comply with all applicable State and Federal laws and regulations.
2.3 The provisions of this Franchise are subject to the lawful exercise of the City's police
powers upon reasonable notice to the Company and nothing contained in this Franchise shall be
deemed to affect the City's authority to exercise its police powers to the fullest extent afforded
by the Washington State constitution and State law. In accepting this Franchise, the Company
acknowledges that its rights hereunder are subject to the police power of the City to adopt and
enforce, from time to time and in a manner the City deems reasonable, general ordinances
necessary for the safety, health, and welfare of the public. This Franchise shall not be interpreted
to prevent the City from imposing additional lawful conditions, including additional statutorily
authorized compensation for the use of the Rights-of-Way should the Company provide services
other than Communications Services.
2.4 This Franchise does not grant the Company any vested right to use any portion of the
Rights-of-Way except for locations approved by the City and then subject to the terms and
conditions of this Franchise and the City's approval.
2.5 The authority granted herein to the Company is a limited authorization to construct,
operate, maintain, repair, replace, and remove Facilities in the Rights-of-Way to provide
Communications Services and shall not include or be a substitute for:
2.5.1 Any other permit or authorization required for the privilege of transacting and
carrying on a business within the City, including, but not limited to, a City business license; or
2.5.2 Any permit.. agreement, authorization, or condition that may be required by the
City for using the Rights-of-Way in connection with operations on or in the Rights-of-Way or
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public property, such as Rights-of-Way use permits and approved traffic control plans; or
2.5.3 Any permit, agreement, or authorization for occupying any other property of the
City or private entity to which access is not specifically granted by this Franchise, including, but
not limited to, permits, agreements, or authorizations for placing devices on poles, in conduits, or
in or on other structures.
2.6 This Franchise only conveys limited rights and interests as to the Rights-of-Way in which
the City has an actual interest. The Franchise is not a warranty of title or interest, does not
provide the Company with any representation as to any location of a Right-of-Way or the nature
of the City's interest in any Rights-of-Way, and does not provide the Company with any interest
in any particular location within the Rights-of-Way. The Franchise does not grant the Company
any right to install any Facilities on any City property other than Rights-of-Way, upon any
private property without the owner's consent, or upon any public or privately owned utility poles
or conduits. To the extent the Company's use of a Right-of-Way is inconsistent with the terms,
conditions, or provisions by which the Right-of-Way was created, dedicated, or is presently used,
the Franchise grants the Company no right to construct, operate, maintain, repair, replace, or
remove Facilities from that Right-of-Way.
2.7 This Franchise shall not be construed as to deprive the City of any rights or privileges
that the City now has or may hereafter have to regulate the use and control of the Rights-of-Way
and public property. Nothing in this Franchise shall limit or expand the City's right of eminent
domain under State law and the Company acknowledges that its use of the Rights-of-Way shall
have no value. If at any time the City exercises its authority to vacate all or any portion of any
Right-of-Way, the City shall not be liable for any damages or loss to the Company because of
such vacation. The City may, upon ninety (90) days written notice to the Company, terminate
this Franchise with respect to any such vacated area. The City, when vacating a Right-of-Way
where the Company has lawfully placed its Facilities, may, if practicable, reserve an easement
for the Company's continued use and enjoyment.
2.8 The rights and privileges granted under this Franchise are not exclusive. The Franchise is
subject to all prior rights, interests, easements, or licenses granted by the City or its predecessors
to any Person to use any property, Rights-of-Way, casement, right interest. or license. The City
reserves the right to approve the use of Rights-of-Way for any purpose not incompatible with the
Company's rights under this Franchise. The City reserves the right to grant additional franchises
upon the same or similar terms at any time and to any Person, provided, however. that such
additional grants will not operate to materially modify, revoke, or terminate any rights granted to
the Company under this Franchise. The grant of any additional franchise alone shall not
constitute a modification, revocation, or termination of rights previously granted to the
Company.
2.9 This Franchise does not establish any priority for the use of the Rights-of-Way by the
Company or by any present or future franchisees or other permit holders. In the event of any
dispute as to the priority of use of the Rights-of-Way, the first priority shall be to the City in the
performance of its various functions, the second priority shall be to the public generally, and
thereafter the City, in exercise of its powers, shall detem1ine priority between users.
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2.10 To the extent that any of the Rights-of-Way within the City are a part of the State
highway system and are governed by the provisions of Chapter 47.24 RCW and applicable
Washington State Department of Transportation regulations. the Company shall comply with
said requirements in addition to City Codes. The Company shall correct any noncompliant
Facilities identified by the City or by any other local. State. or Federal governmental entity.
Section 3. Term.
3.1 Term. This Franchise shall be in effect from the date of acceptance, as set forth in section
17, until December 31, 2022, unless earlier terminated or revoked.
3.2 Renewal. This Franchise will automatically renew for an additional five (5) year period,
upon the same terms and conditions, unless either party, prior to October 1, 2022, informs the
other in writing that it wants the Franchise to expire on December 31, 2022.
3.3 Failure to Renew. If neither party indicates its desire for the Franchise to expire as
provided in section 3.2 and the parties fail to formally renew this Franchise prior to December
31, 2027, the Franchise will automatically renew month to month until formally renewed or until
either party gives written notice, at least ninety (90) days in advance, of its intent to have the
Franchise expire.
Section 4. Use of Rights-of-Way.
4.1 Installation of Facilities. Subject to the City Codes, the Company may construct, operate,
maintain, repair, replace, and remove its Facilities in, over, under, across, and along the City's
Rights-of-Way, as necessary and appurtenant to the provision of its Communications Services.
4.2 Site Specific Agreements. Prior to constructing, installing. or operating any Facility on
any City owned structure within a Right-of-Way or installing any Facility which will occupy
more than a de minimis amount of the surface of a Right-of-Way (i.e. a fiber optic cable
protruding), the Company must first enter into a site specific agreement with the City in a form
agreed to by the Parties. Without limitation, such Facilities may include. but not be limited to,
utility poles, monopoles, cell towers, vaults, and power supplies. The City has sole discretion to
enter into a site specific agreement and may refuse to do so, among other reasons, where another
facility is available for co-location or where a Facility at the given location is not necessary to
the Company's provision of Communications Services.
4.3 Permits Required for Construction. Prior to doing any work in the Rights-of-Way, the
Company shall apply for, and obtain, appropriate permits from the City including Right-of-Way
permits and construction pennits. As part of the permitting or approval process. the City may
impose. in addition to the requirements contained in this Franchise. such reasonable conditions
and regulations as are necessary (1) to protect any structures in the Rights-of-Way and the
public's use of the Rights-of-Way for pedestrian and vehicular traffic: (2) to provide for the
proper restoration of the Rights-of-Way; and (3) to protect the public health. safety, and welfare.
4.3 .1 Applications for any required permits or authorizations shall be made, processed.
and approved in accordance with applicable City Codes in effect at the time of application. The
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Company shall assure that all applications, whether submitted by the Company, its employees,
agents, or contractors clearly identifies that the work is being done for the benefit of the
Company and pursuant to this Franchise.
4.3.2 All permits or authorizations issued for the Company's Facilities or related to its
Communications Services are subject to the provisions of this Franchise and the Company, its
employees, agents, or contractors shall comply with the provisions of this Franchise whether
incorporated into such permit or authorization or not.
4.3.3 The Company shall pay all generally applicable fees for the permit or
authorization in accordance with the City Codes in effect at the time of application.
4.3.4 The City may reasonably require the Company's Facilities be installed at a
pmiicular time, at a particular place, or in a particular manner as a condition of access to a
particular Right-of-Way and may deny access if the Company is not willing to comply with the
City's reasonable requirements.
4.3.5 If the City reasonably determines that the work covered by an application presents
a potential for disruption of traffic, injury, damage, or expense to the City if not correctly and
timely completed, the City may require the Company to provide an assurance device, in a form
acceptable to the City, prior to issuance of a permit or approval. Such project specific assurance
device will be in addition to any general assurance devices required by this Franchise.
4.3.6 The City, following advance written notice of not less than thirty (30) days, may
require the Company, at its own expense, to modify or remove any Facilities not authorized by
this Franchise or installed without prior City approval. The City may remove the Facilities at the
Company's sole expense if the Company fails to do so within the time period established by the
City.
4.4 General Standards.
4.4.1 All work authorized and required hereunder shall be done in a safe, thorough, and
workmanlike manner. All work authorized and required hereunder shall comply with the City
permit or authorization, City Codes, and Federal and State law and regulations.
4.4.2 All installation of the Facilities shall be durable and installed in accordance with
good engineering practices and industry standards in effect on the date the permits and
authorizations are issued for the affected Facilities.
4.4.3 The Company, its employees, agents, and contractors shall comply with all
applicable Federal, State, and City safety requirements. rules. regulations, laws, and practices in
effect on the date the permits and authorizations are issued for the affected Facilities. By way of
illustration and not limitation, this includes the National Electric Code, National Electrical Safety
Code, and Occupational Safety and Health Administration (OSHA) Standards.
4.4.4 The Company represents that it is familiar with Chapter 19.122 RCW and
understands and will comply with local procedures and practices relating to the one call locator
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service program. The Company and the City shall each comply with their respective obligations
pursuant to Chapter 19.122 RCW.
4.5 Coordination. The Company agrees to cooperate with the City's Public Works
Department to identify and evaluate the portions of Rights-of-Way necessary for the Company to
serve its customers. Priority shall be given to use of those portions of Rights-of-Way where
construction can be coordinated with other City and private construction activities, which will
least impact the existing condition of the Rights-of-Way, \vill least impact traffic during
construction, and will least impact adjacent neighborhoods during construction and after
installation. Sources for planned City and private construction activities include the City's
Capital Facilities Plan, Comprehensive Plan, Comprehensive Utility Plan, written construction
and planning schedules, and pending development, right-of-way, and construction applications.
4.5.1 Thi1iy (30) days after acceptance of this Franchise and at least annually thereafter,
the Company shall submit to the City's Public Works Department a plan, in a format specified
by the Department, that shows all major work anticipated to be done in the Rights-of-Way in the
next five (5) years. The City will utilize the plan to identify conflicts and opportunities for
coordination between users of the Rights-of-Way. The Company's plan shall be informational
only and shall not obligate the Company to undertake any particular project or work. The
Company shall identify any portions of its plan that the Company in good faith believes is not
subject to disclosure under Chapter 42.56 RCW, shall mark such portions "Confidential," and
shall provide a citation to the statutory basis for non-disclosure. The City will exercise its sole
legal judgment in responding to a public records request. The City will endeavor to provide the
Company an opp01iunity to obtain a court order preventing disclosure in the event the City
intends to disclose a p01iion of the Company's plan marked "Confidential."
4.5.2 The City adopts a Capital Facilities Plan from time to time, which identifies the
roadway projects that the City anticipates constructing during the term of the Capital Facilities
Plan. The City will provide the Company a copy of the City's Capital Facilities Plan after
acceptance of this Franchise and after adoption of an updated plan during the term of this
Franchise.
4.5.3 Within thirty (30) days of acceptance of this Franchise, the Company shall
provide the City an email address for the City to add to an email list. The City will communicate
substantial (more than 500 lineal feet) roadway projects to this email list in order to provide the
Company an opportunity to plan to install Facilities with minimal interruption.
4.5.4 Access to Open Trenches.
4.5.4.1 The Company will be entitled to reasonable access to open City utility
trenches, provided that such access does not interfere with the City's placement of utilities or
increase the cost to the City thereby. The Company shall pay the City the actual cost to the City
resulting from providing the Company access to an open trench. including without limitation the
pro rata share of the costs of access to an open trench and any costs associated with the delay of
the completion of a public works project.
4.5.4.2 The Company shall provide the City and other utility providers or
franchise holders access to its open trenches, provided that: ( 1) such access does not interfere
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with the Company's Facilities, (2) the other utility provider or franchise holder agrees to
reasonable terms of use, including reasonable costs or fees, and (3) the other utility provider or
franchise holder has agreed to similar terms to provide access to its trenches.
4.5.4.3 The City will use reasonable efforts to include the Company in any
platting process within the City and will exercise reasonable efforts to include. as a condition of
issuing a permit for open trenching to any utility or developer, that: (a) the utility or developer
give the Company at least fourteen (14) days advance written notice of the availability of the
open trench and (b) that the utility or developer provide the Company with reasonable access to
the open trench.
4.5.5 If the Company receives email notice of a substantial roadway project and fails to
coordinate installation of its Facilities and thereafter seeks to trench, excavate, bore, or cut the
street or overlay within five (5) years, the Public Works Director or designee may require
additional roadway restoration. The Company agrees that such additional required roadway
restoratioi1 may include full-width patching extending five (5) feet beyond the Company's
disruption of the Right-of.-Way.
4.5.6 Subject to receiving reasonable advance written notice, the Company shall make
reasonable efforts to have a representative attend and participate in meetings of the City
regarding Rights-of-Way issues that may impact the Company's Facilities.
4.5.7 In all cases, the Company shall utilize existing poles and conduit wherever
possible and shall not install new poles. Where the Company will place Facilities underground,
and whenever reasonably practical, the Company shall utilize joint trenching and shared bores or
cuts and shall work with other providers (such as telecommunications, cable, gas, electric
utilities, or the City), licensees, permittees, and franchisees to reduce as far as possible the
number of Right-of-Way disturbances.
4.5.8 To the extent practicable, the Company will install its Facilities in a manner that
allows other users to collocate with the Company. This includes installing larger diameter
conduit where financially reasonable and making the conduit available for additional facilities
upon reasonable terms.
4.5.9 The Public Works Director. or designee (e.g., the City Engineer). will be
authorized to approve the use by the Company of such Rights-of-Way requested by the
Company, and the final decision regarding the use of the Rights-of.-Way will remain in the sole
discretion of the Public Works Director or designee in accordance with Federal and State law.
4.6 Emergencies.
4.6.1 City's Direction. During unforeseen emergencies that create a threat to the public
health, safety, or welfare, the City may require the Company to promptly remove, relocate,
adjust, or secure its Facilities, at the Company's sole expense. If the Company fails. neglects, or
refuses to promptly remove, relocate, adjust or secure its Facilities, the City may perform such
work or cause it to be done at the Company's sole expense. The City will bill the Company for
any expense incurred within thirty (30) days and the Company shall promptly reimburse the City
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within thirty (30) days. The provisions of this section shall survive the expiration, revocation, or
termination of the Franchise.
4.6.2 Company's Determination. In the event that the Company determines that
emergency repairs are necessary, the Company shall immediately notify the City of the need for
such repairs. The Company may thereafter initiate such emergency repairs, and shall apply for
appropriate permits, within forty-eight ( 48) hours after the emergency is abated.
4.7 Location of Facilities.
4. 7. I As Built. The Company shall provide to the City upon request and at no cost, a
copy of all as-built plans, maps. and records. including revealing the final location and condition
of its Facilities within the Rights-of-Way. Such records shall be provided in a format reasonably
acceptable to the City.
4.7.2 GIS Mapping. The Company shall comply with City requirements regarding
geographic information systems mapping for users of the Rights-of-Way that are in effect on the
date the permits and authorizations are issued for the affected Facilities.
4.8 Safety and Least Interference.
4.8.1 The Company shall construct, operate, maintain. repair, replace, and remove
Facilities in a manner that prevent injury to Persons, the City's property, or property belonging to
any other Person. The Company, at its own expense, shall construct, operate, maintain, repair,
replace, or remove its Facilities to keep them in good repair and safe condition. Any work on the
Facilities shall be properly safeguarded for the prevention of accidents.
4.8.2 The Company's construction. operation. maintenance, repair, replacement, or
removal of its Facilities shall be done in a manner that causes the least interference with the
public's travel upon the Rights-of-Way and the rights and reasonable convenience of the abutting
property owners and residents. The Company's Facilities shall be constructed. operated,
maintained, repaired, replaced. and removed in a manner that causes the least interference with
sewers, water pipes, City facilities, or other f'acilities that may have been located in the Rights-
of-Way. The Company shall not interfere with travel and use of public places by persons during
the construction, operation. maintenance. repair. replacement, or removal of Facilities and shall
not obstruct or impede traffic, except to the extent necessary.
4.8.3 The provisions of this section 4.8 shall survive the expiration, revocation. or
termination of the Franchise.
4.9 Notice to Private Property Owners. Except in the case of an emergency involving public
safety or an outage or service interruption to a large number of users, the Company shall give
reasonable advance notice to private property owners or residents located within one hundred
feet (100') of the Company's Facilities of work that may interfere with the use of property.
4. 10 Restoration of Property.
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4.10.1 The Company, while constructing, operating, maintaining, repairing, replacing, or
removing its Facilities shall protect adjoining public and private property from damage. If
damage occurs, the Company shall promptly notify the property owner within twenty-four (24)
hours of notice or discovery of any such damage.
4.10.2 Whenever the Company disturbs or damages any Rights-of-Way or adjoining
public or private property the Company shall promptly restore, at the Company's own cost, the
Rights-of-Way or property to at least its prior condition, excepting normal wear and tear. The
Company shall use all reasonable efforts to complete the restoration as soon as practicably
possible, considering the nature of the work to be performed, but in no event more than thi1iy
(30) days following completion of the work.
4.10.3 The Company shall be responsible to maintain, repair, or reconstruct the site of
any work in the Right-of-Way, in a condition acceptable to the City, until the Right-of-Way is
reconstructed, repaved, or resurfaced by the City.
4.10.3.1 In the event that the Company's work, restoration work, subsurface
material, pavement, or patch should become depressed, broken, or fail in any way within two (2)
years following the completion of the work, normal wear and tear excepted, the Company shall
repair, restore, or cause to be repaired or restored, such condition to the reasonable satisfaction of
the City.
4.10.3 .2 The repair or restoration shall be completed within the time
specified by the City, which shall not be less than seventy-two (72) hours.
4.10.3.3 If the Company fails to repair or restore the Right-of-Way to the
City's satisfaction within the time specified by the City, the City may cause the repair or
restoration to be done at the Company's sole expense. The City will bill the Company for any
expense incurred within thirty (30) days and the Company shall promptly reimburse the City
within thirty (30) days.
4.10.4 Whenever a new street is completed or an overlay of an existing street has been
completed within five (5) year::; of a newly propo::;cd trench, excavation, bore, or cut, additional
roadway restoration shall be required as determined by the Public Works Director or designec.
The Company agrees that such additional required roadway restoration may include full-width
patching extending five (5) feet beyond the Company's disruption of the Right-of-Way.
4.10.5 The provisions of this section 4.10 shall survive the expiration, revocation, or
termination of the Franchise.
4.11 Undergrounding. The Company shall place underground, at the Company's expense
unless stated otherwise. all of its Facilities that are located or are to be located above or within
the Rights-of-Way of the City in the following cases:
(a) All other existing utilities are required to be placed underground by Federal or State
law or regulation or the City Codes:
(b) The Company is unable to get pole attachment agreement permits from pole owners:
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( c) Underground easements are obtained from developers of new residential areas; or
(d) When required by City Codes or applicable State or federal law.
4.11.1 Whenever the City may require the undergrounding of aerial utilities, the
Company shall underground its aerial Facilities in the manner specified by the City, concurrently
with and in the area of the other affected utilities. The location of any such relocated and
underground Facilities will be approved by the City, following consultation with the Company.
Where other utilities are present and involved in the undergrounding project, the Company shall
only be required to pay its fair share of the common costs borne by all utilities, in addition to the
costs specifically attributable to the undergrounding of the Company's Facilities. ''Common
costs" shall include necessary costs not specifically attributable to the undergrounding of any
particular facility, such as costs for common trenching and utility vaults. "Fair share" shall be
determined for a project on the basis of the number and size of all other utility facilities being
undergrounded.
4.11.2 If an ordinance is passed creating a local improvement district which involves
placing underground utilities including the Company's Facilities which are currently located
overhead, the Company shall participate in such underground project and shall remove the
Company's poles, cables, overhead wires, and other Facilities within such district ifrequested to
do so and place such Facilities underground. If such undergrounding of the Company's Facilities
is part of such a project, the costs thereof shall be included in such local improvement district.
4.11.3 In those areas and po1iions of the City where the transmission or distribution
facilities of any utilities providing telephone service and any utilities providing electric service
are underground or hereafter are placed underground, then the Company shall likewise construct,
operate, and maintain all of its transmission and distribution Facilities underground. Amplifiers
and connectors in the Company's transmission and distribution lines may be in appropriate
enclosures upon or above the surface of the ground in locations approved by the City, provided
that the Company and the City enter into a site specific agreement as detailed in section 4.2.
Upon sufficient notice, work shall be done at the same time as other facilities that are placed
underground and all work shall be done consistent with City Codes and to minimize impact on
streets and neighborhoods.
4.11.4 The Company shall use conduit or its functional equivalent to the greatest extent
possible for undergrounding. Cable and conduit shall be utilized which meets the highest
industry standards for electronic performance and resistance to interference or damage from
environmental factors. The Company shall use and construct, in conjunction and coordination
with other utility companies or providers, common trenches for underground construction
whenever available and possible.
4.11.5 The provisions of this section 4.11 shall survive the expiration, revocation, or
termination of the Franchise.
4.12 Removal or Relocation
Page 11 of 23
4.12.1 Safety and Free Passage. If the City. in its sole discretion. determines that an
emergency exists or that a Facility unduly burdens or endangers the safe and free passage of
traffic on the Rights-of-Way. the Company shall modify, replace, relocate, remove, or disconnect
the Facilities in the time specified by the City's notice. If the Company fails to modify, replace.
relocate, remove, or disconnect the Facilities within the time specified by the City or if the City
determines that the City must immediately undertake the modification, replacement, relocation,
removal. or disconnection. the City may cause the modification, replacement, relocation,
removal. or disconnection to be done at the Company's sole expense. The City will bill the
Company for any expense incurred within thirty (30) days and the Company shall promptly
reimburse the City within thirty (30) days.
4.12.2 Movement for City Purposes. For any City project, the City may require the
Company to modify, replace. relocate, remove, or disconnect its Facilities at the Company's sole
expense. The City will make a reasonable effort to provide the Company with an alternate
location within the Rights-of-Way. The City will endeavor to provide at least ninety (90) days
written notice to the Company prior to the modification, replacement, relocation, removal, or
disconnection of the Company's Facilities and will attempt to minimize the impact on the
Company's Facilities. If the Company fails to modify, replace, relocate, remove, or disconnect
the Facilities within the time specified by the City, the City may cause the modification,
replacement, relocation, or removal to be done at the Company's sole expense. The City will bill
the Company for any expense incurred, including any costs or expenses incurred by the City due
to the Company's delay within thirty (30) days and the Company shall promptly reimburse the
City within thirty (30) days.
4.12.3 Movement for Other Franchise Holders. If any removal. replacement,
modification or disconnection of the Company's Facilities is required to accommodate the
construction, operation, or repair of the facilities or equipment of another City franchise holder
or user of the Rights-of-Way, the Company shall, after at least thirty (30) days advance written
notice, take action to effect the necessary changes requested by the responsible Person. The
Company may require that the costs associated with the removal. replacement. modification, or
disconnection of the Facilities be paid by the benefited Person, and the Company may require a
reasonable deposit of the estimated payment in advance.
4.12.4 When no longer needed to provide its Communications Services. the Company
shall not remove any underground Facilities that require excavation. trenching, or other opening
of the Rights-of-Way to remove the Facilities. The Company may remove any underground
Facilities from the Rights-of-Way installed in a manner such that the Facility can be removed
without excavation. trenching. or other opening of the Rights-of-Way.
4.12.5 The provisions of this section 4.12 shall survive the expiration. revocation. or
termination of the Franchise. RCW 35.99.060 shall apply to any instance under this Franchise
where the Company is required to remove or relocate its Facilities in whole or in part.
4.13 Temporary Changes for Other Permittees. At the request of any Person holding a valid
permit and upon reasonable advance written notice. the Company shall temporarily raise. lower.
Page12of23
or remove its Facilities as necessary to permit the moving of a building. vehicle, equipment, or
other work. The expense of such temporary changes must be paid by the permit holder and the
Company may require a reasonable deposit of the estimated payment in advance.
4.14 Reservation of City's Use of Rights-of.-Way. Nothing in this Franchise shall prevent the
City from constructing sewers, grading. paving, repairing, or altering any Rights-of-Way, laying
down. repairing. or removing water mains, or constructing or establishing any other public work
or improvement. All such work shall be done. insofar as practicable. so as not to obstruct, injure,
or prevent the use and operation of the Company's Facilities.
4.15 Tree Trimming. To the extent a City owned tree interferes with the Company's Facilities,
the Company may prune or cause to be pruned, using proper pruning practices. the City's tree
upon receiving the City" s approval, which will not unreasonably we withheld. In the event of an
emergency, the Company may trim the tree and thereafter provide the City notice of the
emergency and the tree trimming with fmiy-eight ( 48) hours.
4.16 Inspection of Construction and Facilities. The City may inspect any of the Company's
Facilities after forty-eight ( 48) hours written notice, or, in case of an emergency, upon demand
without prior notice.
4.17 Work by Agents, Contractors, and Subcontractors. The Company's agents. contractors,
and subcontractors shall be properly licensed and bonded in accordance with the City Codes and
State law. Work by agents. contractors, and subcontractors is subject to the same restrictions,
limitations, and conditions as if the work were performed by the Company. The Company shall
be responsible for all work performed by its agents, contractors, and subcontractors as if the
work were performed by the Company. The Company shall ensure that all such work is
performed in compliance with this Franchise and applicable laws and shall be jointly and
severally liable for all damages and correcting all damage caused by any agents, contractors, or
subcontractors. The Company is responsible for ensuring that agents, contractors, and
subcontractors are familiar with the requirements of this Franchise and applicable laws.
Section 5-Fees_
5.1 Recovery of Costs.
5.1.1 The Company shall be subject to a one-time administrative fee of two thousand
dollars ($2.000.00) for the City's costs relating to the administration of this Franchise. The
Company agrees to pay such administrative fee upon acceptance of this franchise.
5.1.2 The Company shall reimburse the City within thirty (30) days of receiving an
itemized billing from the City for incurred costs, itemized by project. for the Company's
proportionate share of all actual, identified expenses incurred by the City as a result of the
presence of the Company's Facilities in the Rights-of-Way. This may include the City's
expenses in planning, constructing, installing, repairing. altering, or maintaining any City
facility. Additionally. the Company shall reimburse the City's expenses related to review.
inspection. supervision_ or enforcement of the Company's activities pursuant to this Franchise.
Page 13 of23
5.2 Allowable Taxes. Nothing provided herein shall either expand, exempt or otherwise limit
the Company·s obligation to pay any applicable tax required by the Marysville Municipal Code
or any other applicable law or regulation, provided that the Company shall only be obligated to
pay taxes and fees that may be properly assessed by the City under applicable Federal and State
laws and regulations. The Company's failure to pay any applicable tax required by the
Marysville Municipal Code or any other applicable law or regulation shall constitute a material
breach of the Franchise.
5.3 In the event that any payment due to the City under this Franchise, except for allowable
taxes, is not received by the City by the date due, interest will be charged from the due date at the
rate of twelve percent ( 12%) per annum.
5.4 Acceptance of Payment. No acceptance of any payment by the City shall be construed as
an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of
payment be construed as a release of any claim which the City may have for further or additional
sums payable under the provisions of this Franchise. The Company's payment to the City shall
not be construed as an acknowledgement by the Company that the amount paid is the correct
amount and the Company reserves the right to subsequently seek to recover any amount of such
payments in the event of an erroneous overpayment or for other lawful reasons.
5.5 Pursuant to RCW 35.21.860, the City is precluded from imposing a franchise fee on a
''telephone business" as defined in RCW 82.16.010 or a "service provider" as defined in RCW
35.99.010, for the use of the City's Rights-of-Way, except for actual administrative expenses
directly related to the franchise or any tax authorized by State law. The Company hereby
warrants that its operations, as authorized under this Franchise, are those of a "telephone
business" as defined in RCW 82.16.010 or as a "service provider" as defined in RCW 35.99.010.
As a result, the City currently lacks the authority to impose any franchise fee under the terms of
this Franchise, other than as described herein.
5.6 The City reserves its right to impose a franchise fee, in accordance with State or Federal
law, on the Company for purposes other than to recover its administrative expenses, if the
Company's operations as authorized by this Franchise change such that the Company's uses of
the Rights-of-Way are not those ofa "telephone business" as defined in RCW 82.16.010, those
of a ··service provider'' as defined in RCW 35.99.010, or if State or Federal law is amended to
allow the imposition of such a franchise fee. The City further reserves the right to require the
Company to obtain a separate franchise for its use of City Rights-of-Way to the extent the
Company's use is not as a "telephone business'' as defined in RCW 82.16.010 or as a ··service
provider" as defined in RCW 35.99.010.
Section 6. Hold Harmless and Indemnity.
6.1 The Company shall indemnify, defend. and hold the City, its officers. officials.
employees. agents. and volunteers harmless from any and all claims, injuries. damages. losses. or
suits including attorney fees. costs, and expert witness fees, arising out of or in connection with
the construction. operation. maintenance. repair. replacement, and removal of the Company's
Facilities or the Company's actions under this Franchise, whether by the Company. its agents.
servants. employees. contractors. subcontractors. or assigns. except for injuries and damages
Page 14of23
caused by the sole negligence of the City and as otherwise provided in RCW 4.24.115.
6.2 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 the bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Company and
the City, its officers, officials, employees, agents, and volunteers, the Company's liability
hereunder shall be only to the extent of the Company's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes the Company'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.
6.3 The Company shall indemnify, defend, and hold the City harmless from any and all
claims, injuries, damages, losses, or suits against, or payable by, the City arising out of or
resulting from, directly or indirectly, the Company's failure to remove, adjust, or relocate any of
its Facilities in the Rights-of-Way in a timely manner in accordance with any relocation required
by the City. The Company's obligations under this section 6.3 will not apply to the extent (a) the
Company has been subjected to a force majeure event or other event beyond the reasonable
control of the Company and (b) the Company has used good faith efforts to remove, adjust, or
relocate its Facilities in a timely manner.
6.4 In various provisions of this Franchise, the Company is obligated to take action at the
direction of the City within a specified time (see i.e. and without limitation, section 4.10.3.3,
4.12.1) and the City is thereafter empowered to undertake such actions at the sole expense of the
Company if the Company fails to accomplish the action within the specified time. The City's
actions in such a situation are termed the "City's Remedial Actions'' for purposes of this section.
To the extent not covered by the indemnity requirements of section 6.1, the Company shall
indemnify, defend, and hold the City, its officers, officials, employees, agents, and volunteers
harmless from any and all claims, injuries, damages, losses, or suits against, or payable by, the
City arising out of or resulting from, directly or indirectly, the actions of the City, its officers,
officials, employees, agents, and volunteers in undertaking the City's Remedial Actions under
this Franchise. The Company and the City agree that the Company's indemnification for the
City·s Remedial Actions includes indemnification resulting from the sole negligence of the City.
its officers. officials, employees, agents, and volunteers, except as otherwise provided in RCW
4.24.115, and Company frniher agrees that this indemnification obligation is separate. additional
to, and severable from the Company's other indemnification obligations under this Franchise.
6.5 In any case in which a claim, injury, damage, loss, or suit is instituted against or submitted
to the City and the City determines that the same was caused in whole or in part by the
Company. the City or other indemnified paiiy will promptly tender the defense of the claim to
the Company. The Company shall thereafter have the duty to appear and defend without cost or
expense to the City. The City may participate in the defense of a claim and. in any event the
Company may not agree to any settlement of claims affecting the City without the City's prior
written consent.
6.6 The provisions of this section 6 shall survive the expiration, revocation. or termination of
the Franchise.
Page 15of23
Section 7. Insurance.
7.1 General Requirement. The Company shall procure and maintain for the duration of this
Franchise, and until all Facilities arc removed from Rights-of-Way or abandoned in place,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with this Franchise or involve the Company.
7.2 No Limitation. The Company's maintenance of insurance, its scope of coverage, and
limits as required herein shall not be construed to limit the liability of the Company to the
coverage provided by such insurance or otherwise limit the City's recourse to any remedy
available at law or equity.
7 .3 Insurance Limits. The Company shall maintain in full force and effect, at its own cost and
expense, each of the following policies of insurance:
7.3.1 Commercial General Liability insurance with limits of Five Million dollars
($5,000,000) per occurrence for bodily injury and property damage and Five Million dollars
($5,000,000) general aggregate including personal and advertising injury, blanket contractual;
premises-operations; independent contractors; products and completed operations; broad form
property damage for explosion, collapse, and underground.
7.3.2 Commercial Automobile Liability insurance with a combined single limit of Five
Million dollars ($5,000,000) per accident for bodily injury and property damage covering the
Company's owned, hired, and non-owned vehicles assigned to or used in the construction,
operation, maintenance, repair, replacement, or removal of its Facilities.
7.3.3 Worker's Compensation insurance as required by the Industrial Insurance laws of
the State of Washington and employer's liability with a limit of $1,000,000 each
accident/disease/policy limit.
7.3.4 Excess Liability or Umbrella Coverage in the amount of Two Million dollars
($2,000.000).
7.4 The Company's insurance policies shall be primary insurance as respect the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of
the Company's insurance and shall not contribute with it.
7.5 The Company's insurance policies shall provide, or be endorsed to provide, that the City,
its officers. officials, employees. agents. and volunteers are to be covered as. and have the rights
of additional insureds.
7 .6 Verification of Coverage. The Company shall furnish the City with original certificates
and a copy of the blanket additional insured endorsements, evidencing the insurance
requirements of the Franchise upon acceptance of this Franchise. The certificate for each
insurance policy is to be signed by a person authorized by that insurer to bind coverage on its
behalf. The certificate for each insurance policy must be on standard forms or on such forms as
are consistent with standard industry practices. The Company hereby warrants that its insurance
policies satisfy the requirements of this Franchise.
Page 16 of23
7. 7 Acceptability oflnsurers. Insurance obtained by the Company is to be placed with
insurers with a current A.M. Best rating of not less than A-: Vll.
7.8 Notice of Cancellation. Provided that the insurer will do so, each policy of insurance shall
provide that a written notice of cancellation shall be delivered to the City thirty (30) days in
advance of the effective date thereof. Otherwise. the Company shall provide the City with
written notice of any policy cancellation within two business days, or as soon as practicable
thereafter. of their receipt of such notice. Regardless, the Company shall provide a replacement
policy and shall maintain continuous, uninterrupted insurance coverage, in at least the amounts
required, for the duration of the Franchise.
7.9 The provisions of this section 7 shall survive the expiration, revocation, or termination of
the Franchise.
Section 8. Financial Assurances.
8.1 Surety Bond. No later than thirty (30) days following acceptance of this Franchise, the
Company shall establish and provide to the City, as security for the faithful performance by the
Company of all of the provisions of this Franchise, a performance bond, from a surety or
financial institution acceptable to the City, in the amount of fifty thousand dollars ($50,000).
8.1. l The performance bond may be drawn upon by the City for purposes including, but
not limited to, the following: (1) failure of the Company to pay the City sums due under the
terms of this Franchise; (2) reimbursement of costs borne by the City to correct Franchise
violations not corrected by the Company; (3) monetary remedies or damages assessed against the
Company due to default or breach of Franchise requirements.
8.1.2 The City will give the Company thirty (30) days prior written notice of its intent
to withdraw from the surety bond pursuant to this section. Within thirty (30) days following
notice that such withdrawal has occurred, the Company shall restore the surety bond to the full
amount required by section 8 .1. The Company's maintenance of the surety bond shall not be
construed to excuse faithful performance by the Company, limit the liability of the Company to
the a1nount of the surety bond, or otherwise lin1it the City's recourse to any other re1nc<ly
available at law or in equity.
8.1.3 The Company shall have the right to appeal to the Chief Administrative Official for
reimbursement in the event the Company believes that the surety bond was drawn upon
improperly. Any funds the City erroneously or wrongil.1lly withdraws from the surety bond shall
be returned to the Company plus charges or interest imposed by the surety.
8.2 Other Bonds. The Company shall comply with any other bonding requirements provided
f<.w in the City Codes. Further, if the City reasonably determines that the work covered by an
application presents a potential for disruption of traffic. injury. damage, or expense to the City if
not correctly and timely completed. the City may require the Company to provide an assurance
device. in a form acceptable to the City. prior to issuance of a permit or approval.
Page 17 of23
Section 9. Civil Penalties and Additional Relief.
9.1 The Company, and any officers, directors, employees. agents, contractors, or other
Person acting on behalf of the Company, failing to comply with any of the provisions of this
Franchise, shall be subject to a civil penalty and abatement in the manner and to the extent
provided for in the City Codes.
9.2 In addition to any penalty which may be imposed by the City, and to the extent that a
violation of this Franchise results in damage to City property or Rights-of.-Way, the Company
shall be responsible for the cost of restoring the affected area to its condition prior to the
violation.
9.3 Notwithstanding any other provision herein. the City and the Company may seek legal or
equitable relief to enjoin any act or practice and abate any condition, which constitutes or will
constitute a violation of the applicable provisions of this Franchise, when civil or criminal
penalties are inadequate to effect compliance. In addition to the penalties otherwise set forth in
this section 9, the Company and the City acknowledge that any pattern of violations with respect
to any material provision of this Franchise, consisting of three (3) or more such violations within
a period of twelve ( 12) consecutive months, may further result in the revocation of any Rights-
of-Way use agreement, Rights-of-Way use permit, facilities lease, other such authorization, or
this Franchise.
9.4 Nothing in this section shall be construed as limiting any remedies the City or the
Company may have, at law or in equity, for enforcement of this Franchise.
Section 10. Modifications of Terms and Conditions.
The City and the Company hereby reserve the right to alter, amend, or modify the terms and
conditions of this Franchise and any permit issued thereunder upon written agreement by both
parties to such alteration, amendment, or modification. The City Council of the City of
Marysville must approve any alteration, amendment, or modification of this Ordinance prior to it
being signed by the City.
Section 11. Abandonment or Non-Use of Facilities.
11.1 In the event this Franchise expires, is terminated. or the Company discontinues
commercial use of any Facility located in the Rights-of-Way for a period of one hundred eighty
(180) consecutive days or longer. the City may. upon written notice to the Company, require
removal of any or all such Facilities from the Rights-of-Way within ninety (90) days. If the
Company fails to remove the specified Facilities within the time specified. the City may cause
removal of the specified Facilities at the Company"s sole expense. The City will bill the
Company for any expense incurred within thirty (30) days and the Company shall promptly
reimburse the City within thirty (30) days.
11.2 Notwithstanding any other provision of this Franchise, the City may permit. by written
notice. the Company to abandon any or all Facilities in place. The City's written notice will
specify a date certain. prior to which the Company may remove its Facilities in accordance with
this Franchise and after which the Facilities will be considered abandoned in place. Upon being
Page 18of23
abandoned in place, the Facilities shall become the property of the City and the Company shall
submit to the City an instrument. in writing and approved by the City Attorney, transferring
ownership of the Facilities to the City.
11.3 The provisions of this section 11 shall survive the expiration, revocation, or termination
of this Franchise.
Section 12. Severability.
If any term, provision, condition, or pmiion of this Franchise shall be held to be invalid or
unconstitutional for any reason, the portion declared invalid shall be severable and the remaining
portions of this Franchise shall be enforceable unless to do so would be inequitable or would
result in a material change in the rights and obligations of the parties hereunder.
Section 13. Transferability.
The rights and privileges granted to the Company as provided in this Franchise may only be
assigned or transferred to another Person with the prior written approval of the City, which will
not be unreasonably withheld, conditioned, or delayed. However, the Company, following thirty
(30) days written notice to the City, may assign this Franchise to an Affiliate, provided the
Affiliate has the legal, technical, financial, and other qualifications to own, hold, construct,
operate, maintain, repair, replace, and remove the Facilities for the purpose of providing
Communications Services and agrees, in writing, to be fully liable to the City for compliance
with all terms and conditions of this Franchise. The City is under no obligation to investigate the
Company's then existing compliance with the Franchise and the failure of the City to insist on
full compliance prior to transfer does not waive any right to insist on full compliance thereafter.
Section 14. General Enforcement.
In the event that the City believes that the Company has not complied with any te1111s of the
Franchise or the City Codes, other than sections 4.6, 4.10.3, or 4.12.1, the City may discuss the
violation with the Company or may issue a written notice to cure the default. The City's notice to
cure the default will include the actions to be taken to remedy the default and the timeframe
within which the Company should accomplish the actions. The Company will thereafter have the
time specified in the notice to cure the default to correct the default or, if the Company believes
that the actions cannot be taken within the time specified, respond with a timeline for diligently
accomplishing the actions and diligently complete those actions on the identified timeline.
Section 15. Termination.
Except as otherwise provided herein, this Franchise may be terminated, without penalty or
further liability. as follows:
(a) Upon thirty (30) days written notice by the City if the Company fails to cure a
default for payment of amounts due under this Franchise or the City Codes within that thi1iy (30)
day period;
(b) Upon thirty (30) days written notice by either party if the other party commits a non-
Page 19of23
monetary default and fails to commence curing such default within that thirty (30) day period, or
such longer period as may be required to diligently complete a cure commenced within that
thirty (30) day period; or
(c) Upon ninety (90) days written notice by the Company for economic reasons or if the
location or the Facilities are or become unacceptable under the Company's design or engineering
specifications for its communications system.
Section 16. Effective Date.
16.1 This Franchise and the rights, privileges, and authority granted hereunder and the
contractual relationship established hereby shall take effect and be in force from and after the
effective date of this Franchise.
16.2 The effective date of this Franchise shall be the date of acceptance as specified in section
17. but in no event prior to five days after publication of this Ordinance by summary.
Section 17. Franchise Acceptance.
Within fo1iy-five (45) days of the adoption of this Ordinance by the City Council, the Company
shall execute and return to the City two fully executed acceptance forms, in the form attached to
this Ordinance. In the event the Company fails to accept this Franchise, the Franchise shall be
null and void and the Company shall have no rights or privileges hereunder.
Section 18. Miscellaneous.
18.1 This Franchise constitutes the entire agreement and understanding between the paiiies
and supersedes all offers, negotiations, and other agreements concerning the subject matter
contained herein. Any amendments to this Franchise must be in writing, approved by the City
Council, and executed by both parties.
18.2 This Franchise shall be binding on and inure to the benefit of the permitted successors
and permitted assignees of the respective pmiies.
18.3 Any notice or demand required to be given herein shall be made by United States mail or
reliable overnight courier to the address of the respective parties set forth below:
To the City:
City of Marysville
Attn: Chief Administrative Officer
1049 State A venue
Marysville. WA 98270
To the Company:
MCimetro Access Transmission Services Corp.
d/b/a Verizon Access Transmission Services
Attn: Franchise Manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving. TX 75038
Page 20of23
With a required copy to:
City of Marysville
Attn: City Attorney
1049 State A venue
Marysville, WA 98270
With a required copy to:
Verizon Business Network Services
Attn: Vice President and Deputy General Counsel,
Network Operations
1320 No1ih Courthouse Road, Ste. 900
Arlington, VA 22201
The City or the Company may from time to time designate any other address for this purpose by
written notice to the other party. All notices hereunder shall be deemed received upon actual
receipt.
18.4 This Franchise shall be governed by the laws of the State of Washington.
18.5 In any case where the approval or consent of one party hereto is required, requested, or
otherwise to be given under this Franchise, such party shall not unreasonably delay or withhold
its approval or consent.
18.6 All amendments and exhibits annexed hereto form material paiis of this Franchise.
18.7 This Franchise may be executed in duplicate counterpmis, each of which shall be deemed
an original.
18.8 Subject to applicable law, all rights and remedies given to the City by this Franchise or
retained by the City herein shall be in addition to and cumulative with any and all rights and
remedies, existing or implied, now or hereafter available to the City, at law or in equity.
18. 9 Venue for any dispute related to this Franchise shall be in Snohomish County Superior
Court in Everett, Washington.
18.10 Nothing herein shall be deemed to create a joint venture or principal-agent relationship
between the parties and neither party is authorized to, nor shall either party, act toward third
persons or the public in any manner that would indicate any such relationship with the other.
18. 11 The failure of the either party at any time to require performance by the other of any
provision hereof shall in no way affect the right of such party thereafter to enforce the same, nor
shall the waiver by such party of any breach of any provision hereof be taken or held to be a
waiver of any succeeding breach of such provision or as a waiver of the provision itself or any
other provision.
Page 21 of 23
PASSED by the City Council and APPROVED by the Mayor this ~ day of
-~Dc_·h~b~«~--' 2011.
Attest:
By:
April O 'Brien, Deputy City Clerk
liYl~ ~'2.v(,IL-
Approved as to form:
By~~ Jo~ity Attorney
Date of Publication: Qc.zhlo-er IL\ 1WI7
Effective Date: Dc?tio ~;i.ef t 1 , 1P 14
(5 days after publication)
CITY OF MARYSVILLE
By:
Page 22of23
Ac ceptance of Franchise
Jn accord ance w ith and s ubj ect ta Ordinance No. ~ f , constituting a f ranchise
Agreeme nt between the City of Marysville (''the City") and MCirn etro Access T rans mi ssion
Services Corp .. d/b/a Veri zon Access Transmission Services (''the Company''), the Company
hereby submits this Acceptance of Franchise to th e C ity.
The Company hereby unconditionally accepts and agrees to comply with all tenm, provisions,
and conditions of the Franchi se Agreement.
Enclosed herewith is a certificate of insurance in accordance with Section 7 .5 of the Franchise
Agreement. A lso enclosed herewith is the Company's check in the amount of $2,000 in
accordance w ith section 5.1 .1 of the Franchise Agreement, whi ch amount is for the C ity's costs
relating to the administrat ion o f the Franchi se Agreement.
The Company hereby certifies that the undersigned is a duly authorized offi cer of the Company
with the authority to execute this Acceptance of Franchise.
MCimetro Access Transmission Services Cor~d .b/a Verizon Access Transmiss ion
Services
B y :
Name: /<0/3 CK'Jl Jl~b£C:
State of ~ Its: ~ec..u7 ;IE ~ tAE<tfo/(.
) SS.
County orJJ,111/I As )
I certify that I know or have satisfactory evidence that /(,013 c. n:lJ flc (,,e,-e" is the
person w ho appeared before me, and said person acknowledged that said person sig ned this
i11Slrlll1lCJ1L Oil oalh Sf<J1Cd tha l S<lid J'C rS~)ll W<JS a u th o ri zed to CXCCtt1e the in~men1 '1 n cl _ .,____/._.
acknowledged it as the C):fEC lfl{Ve p1f<,CGO;>, of /lf~u Acct.--S~ 7'M¥AW.$Jtl
~l1CL,b C.V/1.f to be the free and voluntary act of such party for the uses and purposes mentioned in the
in strument.
DATED: gJ/J-.6/2.VI / {/
(Legibl Print or Stamp Name of Notary)
Notarv Public in and for the Stat.e 9f /..
._ _____________ _, My appointment expires: ~/4,;2t2/CJ
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