HomeMy WebLinkAboutO-3229 - Extending the Term of a Franchise Granted to Ziply Fiber Northwest, LLCCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 322'1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, EXTENDING THE TERM OF A FRANCHISE GRANTED TO
ZIPLY FIBER NORTHWEST, LLC.
WHEREAS, Ziply Fiber Northwest, LLC ("Franchisee") is the duly authorized holder of
a franchise (the "Franchise"), authorizing Franchisee to operate and maintain a cable system in the
City of Marysville (the "City"); and
WHEREAS, the Franchise was originally granted to Verizon Northwest, Inc. on August 5,
2008;and
WHEREAS, Verizon Northwest, Inc. was later acquired by Frontier Communications
Northwest, Inc., and the City approved this transfer of control in 2009; and
WHEREAS, Frontier Communications Northwest, Inc . was later acquired by Northwest
Fiber, with Frontier Communicati ons Northwest, Inc. becoming a subsidiary of Northwest Fiber,
and the City approved this transfer of control in 2019; and
WHEREAS, the City and Frontier Communications Northwest, Inc. agreed to a one-year
extension to the Franchise in 2020; and
WHEREAS, in 2021, Frontier Communications Northwest, Inc. reconstituted itself as a
limited liability company, which was called Frontier Communications Northwest, LLC; and
WHEREAS, the City and Frontier Communications Northwest, LLC agreed to a one-year
extension to the Franchise in 202 1; and
WHEREAS, Frontier Communications Northwest, LLC subsequently changed its name to
Ziply Fiber Northwest, LLC (the current name of the Franchisee); and
WHEREAS, the Franchise is currently set to expire on August 7, 2022; and
WHEREAS, the City and Franchisee desire to extend the term of the Franchise for one
year so that the Franchisee can continue to evaluate its operations in the City and to provide the
parties additional time to negotiate a potential new franchise.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. The City approves the extension of the term of the Franchise by one year and
the Mayor is authorized to execute the Third Amendment of Cable Franchise attached hereto as
Exhibit A. All other terms and conditions contained in the Franchise shall remain in full force
and effect.
SECTION 2. Severability. If any section, subsection, sentence, clause, phrase or word of
this ordinance should be held to be in valid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION 3. Upon approval by the city attorney, the city clerk or the code reviser are
authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical
mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or
referencing of ordinances or their sections and subsections.
SECTION 4. Effective Date. This ordinance shall become effective five days after the date
of its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this 25+4--day of
J\A~ , 2022.
CITY OF MARYSVILLE
Attest:
By_____.J~~NEH~~~, ~
By '~
r-. ___ +INA .QROGK, DEPUTY CITY CLERK =,c.ri~1ev<, ~e(,f
Approved as to form: £
By ~~ :
JON WALKER, CITY ATTORNEY
Date of publication: t -2~. 2-o'l.2
Effective Date (5 days after publication): 5. '3. '2.o"2.:2..
THIRD AMENDMENT OF CABLE FRANCIDSE
THIS THIRD AMENDMENT OF CABLE FRANCHISE is entered into as of the last signature
date set forth below by and between the City of Marysville, Washington (the "City") and Ziply
Fiber Northwest, LLC (the "Franchisee").
WHEREAS, Ziply Fiber Northwest, LLC ("Franchisee") is the duly authorized holder of
a franchise (the "Franchise"), authorizing Franchisee to operate and maintain a cable system in the
City of Marysville (the "City"); and
WHEREAS, the Franchise was originally granted to Verizon Northwest, Inc. on August 5,
2008;and
WHEREAS, Verizon Northwest, Inc. was later acquired by Frontier Communications
Northwest, Inc., and the City approved this transfer of control in 2009; and
WHEREAS, Frontier Communications Northwest, Inc. was later acquired by Northwest
Fiber, with Frontier Communications Northwest, Inc. becoming a subsidiary of Northwest Fiber,
and the City approved this transfer of control in 2019; and
WHEREAS, the City and Frontier Communications Northwest, Inc. agreed to a one-year
extension to the Franchise in 2020; and
WHEREAS, in 2021, Frontier Communications Northwest, Inc. reconstituted itself as a
limited liability company, which was called Frontier Communications Northwest, LLC; and
WHEREAS, the City and Frontier Communications Northwest, LLC agreed to a one-year
extension to the Franchise in 2021; and
WHEREAS, Frontier Communications Northwest, LLC subsequently changed its name to
Ziply Fiber Northwest, LLC (the current name of the Franchisee); and
WHEREAS, the Franchise is currently set to expire on August 7, 2022; and
WHEREAS, the City and Franchisee desire to extend the term of the Franchise for one
year so that the Franchisee can continue to evaluate its operations in the City and to provide the
parties additional time to negotiate a potential new franchise.
NOW, THEREFORE, the City and Franchisee agree as follows:
1. The term of the Franchise is hereby extended by one year, and shall now expire
on August 7, 2023. All other terms and conditions contained in the Franchise
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this amendment as of the last date written
below.
ZIPLY FIBER NORTHWEST, LLC:
~~~ 07/11/2022
By: George Baker Thomson Jr. Date
Its: Associate General Counsel
CITY OF MARYSVJLLE:
Jon Walker, City Attorney