Ordinance 4394City of Edmonds
Ordinance No. 4394
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ORDINANCE NO. 4394
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, GRANTING TO MCIMETRO ACCESS
TRANSMISSION SERVICES LLC, D/B/A VERIZON ACCESS
TRANSMISSION SERVICES, A DELAWARE LIMITED
LIABILITY COMPANY, AN EXTENSION AND
CONTINUATION OF ITS NON-EXCLUSIVE FRANCHISE TO
INSTALL, OPERATE, AND MAINTAIN A
TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON,
ALONG AND ACROSS THE PUBLIC RIGHTS-OF-WAY OF
THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING
CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS
WITH RESPECT THERETO AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Edmonds, Washington (the “City”) granted MCImetro Access
Transmission Services Corp., d/b/a Verizon Access Transmission Services (the “Franchisee”) a
non-exclusive franchise (the “Franchise”) to install, operate and maintain a telecommunications
system within the City’s public rights-of-way under City Ordinance Number 4093, effective
December 15, 2017;
WHEREAS, Franchisee has requested that the Franchise be extended;
WHEREAS, since receiving the Franchise, Franchisee has substantially complied with all
terms of the Franchise and ordinances of the City;
WHEREAS, MCImetro Access Transmission Services Corp. d/b/a Verizon Access
Transmission Services (“MCImetro Corp.”) changed its name to MCImetro Access Transmission
Services LLC d/b/a Verizon Access Transmission Services as the result of its conversion from a
corporation to a limited liability company on July 31, 2021;
WHEREAS, the City Council finds it desirable for the welfare of the City and its residents
that the Franchise be continued and extended from the expiration date under ordinance 4093 and
through the term granted under the terms of this Ordinance;
WHEREAS, the City Council has the authority under state law to grant franchises for the
use of city rights-of-way; and
WHEREAS, the City is willing to grant a continuation and extension of the Franchise
under certain terms and conditions as contained herein.
City of Edmonds
Ordinance No. 4394
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Subsection 1(c) of the Franchise is amended as follows:
(c) "Communication Service" shall mean any telecommunications services,
telecommunications capacity, or dark fiber, provided by the Franchisee using its
Facilities, either directly or as a carrier for its subsidiaries, Affiliates, or any other
person engaged in Communication Services, including, but not limited to, the
transmission of voice, data or other electronic information, facsimile reproduction,
burglar alarm monitoring, meter reading and home shopping, or other subsequently
developed technology that carries an electronic signal over fiber optic cable.
Communication Service shall also include: (i) non- switched, dedicated and private
line, high capacity transmission services to firms, businesses and institutions within the
City; and (ii) internet access services to residents, firms, businesses and institutions
within the City. However, Communications Services shall not include the provision of
cable television, open video, or similar services, as defined in the Communications Act
of 1934, as amended, for which a separate franchise would be required.
“Communication Service” or "Telecommunications service" means the transmission of
information by wire, radio, optical cable, electromagnetic, or other similar means for
hire, sale, or resale to the general public. For the purpose of this subsection,
"information" means knowledge or intelligence represented by any form of writing,
signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter,
telecommunications service excludes the over-the-air transmission of broadcast
television or broadcast radio signals. It also excludes "Personal wireless services" as
defined in RCW 35.99.010.
Section 2. Subsection 1(i) of the Franchise is amended as follows:
(i) "Public Way" shall mean the surface of, and any space above or below, any public
street, highway, freeway, bridge, path, alley, court, boulevard, sidewalk, parkway,
lane, drive, circle, or other public right-of-way, including, but not limited to, public
utility easements, utility strips, or rights-of-way dedicated for compatible uses and
any temporary or permanent fixtures or improvements located thereon now or
hereafter held by the City in the Service Area, which shall entitle the City and the
Franchisee the use thereof for the purpose of installing, operating, repairing, and
maintaining the Facilities. Public Way shall also mean any easement now or hereafter
held by the City within the Service Area for the purpose of public travel, or for utility
or public service use dedicated for compatible uses, and shall include other easements
or rights-of-way, which within their proper use and meaning entitle the City and the
Franchisee to the use the Service over the Facilities.
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i. “Public Way” or “Right-of-way” shall mean land acquired or
dedicated for public roads and streets in the City, but does not
include:
(a) Land dedicated for roads, streets, and highways not opened and
not improved for motor vehicle use by the public, except to the
extent such land is already accommodating similar Facilities;
(b) Structures, including poles and conduits, located within the
right-of-way;
(c) Federally granted trust lands or forest board trust lands;
(d) Lands owned or managed by the state parks and recreation
commission; or
(e) Federally granted railroad rights-of-way acquired under 43
U.S.C. Sec. 912 and related provisions of federal law that are not
open for motor vehicle use.
Section 3. Section 5 of the Franchise is amended as follows:
Section 5. Term of Franchise. The term of this Franchise shall be for a
period of five (5) years from the date of acceptance as set forth in Section 31
(Acceptance) through March 31, 2030, unless sooner terminated. This Franchise
shall not renew unless and until the City and Franchisee reach agreement on a
renewal and said agreement is approved by ordinance of the City Council. In the
event that agreement cannot be reached, this Franchise shall terminate at the end of
the then current term. Nothing in this Section prevents the parties from reaching
agreement on renewal earlier than the time periods indicated. If Franchisee requests
renewal of this Franchise, then during the period that the parties are conducting
good faith discussions concerning renewal, this Franchise shall not terminate in the
event the term of this Franchise as set forth in this Section 5 expires, PROVIDED
THAT the request for renewal must occur prior to the expiration date to take
advantage of this continuation provision.
Section 4. Section 7 of the Franchise is amended as follows:
Section 7. Relocation of Facilities.
A. The Franchisee agrees and covenants, to protect, support, temporarily disconnect,
relocate, or remove from any Public Way any portion of its Facilities when so required by the
City Engineer by reason of traffic conditions, public safety, dedications of new Public Ways and
the establishment and improvement thereof, widening and improvement of existing Public Ways,
street vacations, freeway construction, change or establishment of street grade, or the
construction of any public improvement or structure by any governmental agency acting in a
governmental capacity; provided that the Franchisee shall in all cases have the privilege to
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temporarily bypass, in the authorized portion of the same public way upon approval by the City
Engineer, any section of cable or any other facility required to be temporarily disconnected or
removed.
B. Upon the reasonable request of the City Engineer and in order to facilitate the
design of City street and right-of-way improvements, the Franchisee agrees to, at its sole cost
and expense, locate, and if reasonably determined necessary by the City, to excavate and expose
portions of its Facilities for inspection so that the location of same may be taken into account in
the improvement design, PROVIDED that, Franchisee shall not be required to excavate and
expose its Facilities unless the Franchisee's as-built plans and maps of its Facilities submitted
pursuant to Section 9 (Maps and Records) of this Franchise are reasonably determined by the
City Engineer to be inadequate for purposes of this paragraph. The decision to relocate said
Facilities in order to accommodate the City's improvements shall be made by the City Engineer
upon review of the location and construction of the Franchisee's Facilities.
C. If the City Engineer determines that the project necessitates the relocation of the
Franchisee's then existing Facilities, the City shall:
l. Within a reasonable time, which shall be no less than 30 days, prior to the
commencement of such improvement project, provide the Franchisee with
written notice requiring such relocation. Provided, however, that in the event an
emergency posing a threat to public safety, health or welfare, or in the event of
an emergency beyond the control of the City and which will result in severe
financial consequences to the City, the City shall give the Franchisee written
notice as soon as practicable; and
2. Provide the Franchisee with copies of information for such improvement project
and a proposed location for the Franchisee's Facilities so that the Franchisee may
relocate its Facilities in other Public Ways in order to accommodate such
improvement project.
3. The Franchisee shall complete relocation of its Facilities at no charge or expense
to the City so as to accommodate the improvement project at least 10 days prior
to commencement of the project. In the event of an emergency as described
herein, the Franchisee shall relocate its Facilities within the time period specified
by the City Engineer.
D. The Franchisee may, after receipt of written notice requesting a relocation of its
Facilities, submit to the City written alternatives to such relocation. The City shall evaluate such
alternatives and advise the Franchisee in writing if one or more of the alternatives are suitable to
accommodate the work, which would otherwise necessitate relocation of the Facilities. If so
requested by the City, the Franchisee shall submit additional information to assist the City in
making such evaluation. The City shall give each alternative proposed by the Franchisee full and
fair consideration, within a reasonable time, so as to allow for the relocation work to be performed
in a timely manner. In the event the City ultimately determines that there is no other reasonable
alternative, the Franchisee shall relocate its Facilities as otherwise provided in this Section.
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E. The provisions of this Section shall in no manner preclude or restrict the Franchisee
from making any arrangements it may deem appropriate when responding to a request for
relocation of its Facilities by any person or entity other than the City, where the Facilities to be
constructed by said person or entity are not or will not become City-owned, operated or maintained
Facilities; provided, that such arrangements do not unduly delay a City construction project.
F. The Franchisee will indemnify, hold harmless, and pay the costs of defending the
City against any and all claims, suits, actions, damages, or liabilities for delays on City construction
projects caused by or arising out of the failure of the Franchisee to relocate its Facilities in a timely
manner; provided, that the Franchisee shall not be responsible for damages due to delays caused
by the City or circumstances beyond the reasonable control of the Franchisee.
G. The cost and expenses associated with relocation of the Franchisee's Facilities shall
be the responsibility of the Franchisee unless the Franchisee had paid for the installation or
relocation cost of the same Facilities at the request of the City within the past five years.
Notwithstanding any other provision of this Ordinance, in the event of a conflict between this
Ordinance and the provisions of applicable state law, the provisions of the applicable state law
shall control.
H. ln the event that the City orders the Franchisee to relocate its Facilities for a project
which is primarily for private benefit, the private party or parties causing the need for such project
shall reimburse the Franchisee for the cost of relocation in the same proportion as their contribution
to the cost of the project. In the event of an unforeseen emergency that creates a threat to the public
safety, health, or welfare, the City may require the Franchisee to relocate its Facilities at its own
expense, any other portion of this Section notwithstanding.
I. Where relocation of Facilities is required by the City, City and Franchisee shall
comply with RCW § 35.99.060(2). If RCW 35.99.060(2) is amended after the date of this
Franchise, then the parties’ obligations are likewise amended.
J. Permittee acknowledges and agrees that the placement of its Facilities on third
party-owned poles does not convey an ownership interest in such poles. Permittee acknowledges
and agrees that to the extent Permittee’s Facilities are on poles owned by third parties, the City
shall not be responsible for any costs associated with requests arising out of a relocation. A
relocation includes movement of Facilities arising out of pole removal, replacement, or upgrade.
Permittee is not permitted to purchase any utility owned pole in order to avoid relocation or costs
associated with relocation unless specifically authorized by the City.
K. Franchisee shall be responsible for its costs and expenses for any relocation
consistent with ECDC Section 18.05.060.
Section 5. Section 14 of the Franchise is amended as follows:
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The Franchisee shall be subject to all permit fees associated with activities undertaken
through the authority granted in this Franchise or under the laws of the City. Where the City incurs
costs and expenses for review, inspection, or supervision of activities undertaken through the
authority granted in this Franchise or any ordinances relating to the subject for which a permit fee
is not established, the Franchisee shall reimburse the City directly for any and all reasonable costs,
after receipt of an itemized bill.
In addition to the above, the Franchisee shall promptly reimburse the City for any and all
reasonable costs the City incurs in response to any emergency involving the Franchisee's
Facilities, after receipt of an itemized bill.
The time of City employees shall be charged at their respective rate of salary, including
overtime if applicable, plus benefits and a reasonable overhead. All billings will be itemized as to
specifically identify the costs and expenses for each project for which the City claims
reimbursement. The billing may be on an annual basis, but the City shall provide the Franchisee
with the City's itemization of costs at the conclusion of each project for information
purposes. Provided, however, that this Section shall not be construed to allow the City to invoice
Franchisee for costs incurred during the processing of Franchisee's initial franchise application to
the extent that such costs were covered by application fees paid to the City pursuant to a fee
schedule duly established by the City.
Section 14. Recovery of Costs.
The City intends to recover its costs to the fullest extent permitted by law. Franchisee shall
be subject to all permit fees associated with activities undertaken through the authority granted in
this Franchise or under the laws of the City. Where the City incurs costs and expenses that are in
excess of or otherwise not covered by a published fee, Franchisee shall reimburse the City the
actual administrative expenses incurred by the City that are directly related to receiving and
approving a permit, license, and this Franchise, to inspecting plans and construction, to supervision
of activities undertaken through the authority granted in this Franchise or any ordinances relating
to the subject for which a permit fee is not established, or to the preparation of a detailed statement
pursuant to chapter 43.21C RCW. Franchisee shall further reimburse the City for Franchisee’s
proportionate share of all, actual, identified expenses incurred by the City in planning,
constructing, installing, repairing or altering any City facility as a result of the construction or the
presence in the Right-of-Way of the Franchisee’s Facilities. Fees for which Franchisee is
responsible under this Section may include reimbursement for time associated with attorneys,
consultants, City Staff, and City Attorney’s Office review.
In addition to the above, the Franchisee shall promptly reimburse the City for any and all
reasonable costs the City incurs in response to any emergency involving the Franchisee’s
Facilities.
The time of City employees shall be charged at their respective rate of salary, including
overtime if applicable plus benefits and reasonable overhead. Any other costs will be billed
proportionately on an actual cost basis. All billings will be itemized as to specifically identify the
costs and expenses for which the City claims reimbursement. A charge for the actual costs incurred
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in preparing the billing may also be included in said billing. Payment shall be made within thirty
(30) calendar days of the date of receiving a bill.
Section 6. Section 17 of the Franchise is amended as follows:
The Franchisee shall procure and maintain insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
rights, privileges and authority granted hereunder to the Franchisee, its agents, representatives or
employees. The Franchisee shall provide to the City, for its inspection, an insurance certificate
including the City as an additional insured as its respective interests may appear under this
Agreement on the commercial general liability and commercial automobile liability prior to the
commencement of any work or installation of any Facilities pursuant to this Franchise. Such
insurance certificate shall evidence:
A. Commercial general liability insurance, written on an occurrence basis, including
contractual liability coverage, with limits of $5,000,000 per occurrence for bodily injury and
property damage,
B. Commercial Automobile liability covering all owned, non-owned and hired
vehicles with a combined single limit of $3,000,000.00 each accident for bodily injury and
property damage.
C. Worker's compensation within statutory limits and employer's liability insurance
with limits of $1,000,000.00 each accident/disease/policy limit.
The liability insurance policies required by this Section shall be maintained by the
Franchisee throughout the term of this Franchise, and such other period of time during which the
Franchisee is operating without a Franchise hereunder, or is engaged in the removal of its
Facilities. Payment of deductibles and self-insured retentions shall be the sole responsibility of the
Franchisee. The commercial general liability insurance required by this Section shall contain a
clause stating that the coverage shall apply separately to each insured against whom a claim is made
or suit is brought. The Franchisee's insurance shall be primary insurance with respect to the City. Any
insurance maintained by the City shall be in excess of the Franchisee's insurance and shall not
contribute with it.
Upon receipt of notice from its insurer(s) Franchisee shall provide the city with thirty (30)
days prior written notice of cancellation. Franchisee shall obtain and furnish to the City
replacement insurance certificate(s) meeting the requirements of this Section.
Section 17. Insurance.
For purposes of this Section, Grantee is Franchisee and Public Entity is City.
A. Insurance Term
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The Grantee shall procure and maintain for the duration of the Franchise and as long as Grantee
has Facilities in the rights-of-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 rights-of-way.
B. No Limitation
The Grantee’s maintenance of insurance as required by the Franchise shall not be construed to
limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the
Public Entity’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance
The Grantee shall obtain insurance of the types and coverage described below:
1. Commercial General Liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 or equivalent 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 Public Entity shall be named as an additional insured under the Grantee’s Commercial
General Liability insurance policy with respect this Franchise using ISO endorsement CG
20 12 05 09 or equivalent 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 Insurance Services Office (ISO) form CA 00 01or
equivalent.
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
Grantee. 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.
D. Amounts of Insurance
The Grantee shall maintain the following insurance limits:
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1. Commercial General Liability insurance shall be written with limits of $10,000,000 each
occurrence, $10,000,000 general aggregate.
2. Automobile Liability insurance with a combined single limit of $10,000,000 each
accident for bodily injury and property damage.
3. Contractors Pollution Liability insurance shall be written in an amount of $2,000,000 per
occurrence, with an annual aggregate of $2,000,000.
E. Other Insurance Provisions
Grantee’s Commercial General Liability, Automobile Liability and Contractors Pollution Liability
insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary
insurance as respect the Public Entity. Any insurance, self-insurance, or self-insured pool
coverage maintained by the Public Entity shall be excess of the Grantee’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. Verification of Coverage
The Grantee shall furnish the Public Entity with original certificates and a copy of the amendatory
endorsements annually, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Franchise. Upon request by the Public
Entity, the Grantee shall furnish certified copies of all endorsements required in this Franchise and
evidence of all subcontractors’ coverage.
H. Subcontractors
The Grantee shall cause each and every Subcontractor to obtain and maintain insurance coverage
that complies with all applicable requirements of the Grantee-provided insurance as set forth
herein, except the Grantee shall have sole responsibility for determining the limits of coverage
required to be obtained by Subcontractors. The Grantee shall ensure that the Public Entity is an
additional insured on each and every Subcontractor’s Commercial General liability insurance
policy using an endorsement as least as broad as ISO form CG 20 26 or equivalent.
I. Notice of Cancellation
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Grantee shall provide the Public Entity with written notice of any policy cancellation within two
business days of their receipt of such notice.
J. Failure to Maintain Insurance
Failure on the part of the Grantee to maintain the insurance as required shall constitute a material
breach of Franchise, upon which the Public Entity may, after giving five business days notice to
the Grantee to correct the breach, terminate the Franchise. or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any sums so expended
to be repaid to the Public Entity on demand.
K. Grantee – Self-Insurance
If the Grantee is self-insured or becomes self-insured during the term of the
Franchise , Grantee or its affiliated parent entity shall comply with the following:
(i) provide the Public Entity, upon request, a copy of Grantee’s or its parent
company’s most recent audited financial statements, if such financial statements
are not otherwise publicly available; (ii) Grantee or its parent company is
responsible for all payments within the self-insured retention; and (iii) Grantee
assumes all defense and indemnity obligations as outlined in the indemnification
section of this Franchise.
Section 7. Section 21 of the Franchise is amended as follows:
Section 21. Forfeiture and Revocation.
A. This Franchise may be terminated for failure by Franchisee to comply with the
material provisions hereof and other provisions of the Edmonds Municipal Code. In addition to
termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties
liquidated damages as provided herein, for violation of this Franchise in accordance with the terms
of the Franchise herein. The City may moreover pursue other rights or remedies as may be
available to it herein, or in law or in equity.
B. If the City has reason to believe that Franchisee is in violation of this Franchise or
other provisions of the Edmonds Municipal Code, the following procedures shall be followed by
the City:
1. The City shall provide Franchisee with a detailed written notice, by certified
mail, detailing the violation, the steps necessary to cure such violation, and a reasonable time
period within which the violation must be cured. Within thirty days (30) thereafter, Franchisee
shall respond demonstrating that no violation occurred, that any problem has been corrected, or
with a proposal to correct the problem within a specified period of time.
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2. Franchisee may request an extension of time to cure an alleged violation if
construction is suspended or delayed by the City, or where unusual weather, natural consequences
(e.g., earthquakes, floods, etc.), extraordinary acts of third parties, or other circumstances which
are reasonably beyond the control of Franchisee delay progress, provided that Franchisee has not,
through its own actions or inactions, contributed to the delay. The amount of additional time
allowed will be determined by the City. The extension of time in any case shall not be greater than
the extent of the actual non-contributory delay experienced by Franchisee.
3. If said response is not satisfactory to City, the City may declare Franchisee
to be in default, with written notice, by certified mail, to Franchisee in accordance with the Notice
requirements of this Franchise. Within ten business days after notice to Franchisee, Franchisee
may deliver to the City a request for a hearing before the City Council. If no such request is
received, the City may declare the Franchise terminated for cause or impose lesser sanctions.
and/or pursue other rights or remedies as may be available to it herein, or in law or in equity,
including but not limited to obtaining a court order compelling specific performance and recovery
of damages and costs incurred by the City, or in lieu of the foregoing monetary damages, collecting
liquidated damages per paragraph C below.
4. If Franchisee files a timely written request for a hearing, such hearing shall
be held within thirty (30) days after the City's receipt of the request therefor. Such hearing shall
be open to the public and Franchisee and other interested parties may offer written and/or oral
evidence explaining or mitigating such alleged non-compliance. Within ten days after the hearing,
the City Council, on the basis of the record, will make the determination as to whether there is
cause for termination, whether the Franchise will be terminated, or whether lesser sanctions should
be imposed. and/or to pursue other rights or remedies. The City Council may in its sole discretion
fix an additional time period to cure violations. If the deficiency has not been cured at the
expiration of any additional time period or if the City Council does not grant any additional period,
the City Council may by resolution declare the Franchise to be terminated and forfeited or impose
lesser sanctions and/or pursue other rights or remedies.
5. If Franchisee appeals revocation and termination, such revocation may be
held in abeyance pending judicial review by a court of competent jurisdiction, provided the
Franchisee is otherwise in compliance with this Franchise. While revocation is held in abeyance,
City may suspend the issuance of additional permits. In any such appeal, Franchisee shall be
responsible for the costs of preparing and filing the City’s administrative record with the Court
and such costs shall be paid prior to the City’s filing thereof.
C. In the event that the City elects to impose monetary penalties upon the Franchisee
for failure to comply with the material provisions of this Franchise, collect liquidated damages,
said penaltiesdamages shall be assessed at five hundred dollars ($500.00) per day, per violation,
for each day beyond thirty (30) days that Franchisee has been in violation. If liquidated damages
are used, then those damages shall be the exclusive monetary remedy for the breach.
D. Monetary penalties Liquidated damages may be assessed retroactive to the date that
notification was provided to Franchisee in such cases where Franchisee has been non-responsive
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in correcting the violation or in the case of flagrant violations. If payment of any penalty liquidated
damages is delinquent by three (3) months or more, the City may: (1) require partial or total
forfeiture of any performance bond or other surety posted by Franchisee; (2) terminate this
Franchise; and/or (3) commence a civil action in a court of competent jurisdiction to collect said
penalty liquidated damages.
E. Franchisee shall not be deemed to be in default, failure, violation, or non-
compliance with any provision of this Franchise where performance was rendered impossible due
to materially, substantially, and reasonably to an act of God, fire, flood, storm, or other element or
casualty, theft, war, disaster, strike, lock-out, boycott, prevailing war or war preparation, or bona
fide legal proceedings, beyond the control of Franchisee.
Section 8. Section 22 of the Franchise is amended as follows:
Section 22. City Ordinances and Regulations. Nothing herein shall be deemed to direct or
restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of this Franchise, including any valid ordinance made in the
exercise of its police powers in the interest of public safety and for the welfare of the public and
Franchisee agrees to comply with all applicable law, ordinances, and regulations lawfully
enacted pursuant to the police powers of the City, or hereafter enacted in accordance therewith.
The City reserves its right to exercise its police powers, notwithstanding anything in this
Franchise to the contrary.
By way of example and not limitation, the City currently is reviewing its right-of-way code, Title
18 of the Edmonds Community and Development Code (ECDC). The terms, conditions, and
provisions of Title 18 of the Edmonds Community and Development Code (ECDC), existing at
the time of execution of this continuation and extension ordinance or as may thereafter be
amended, are incorporated herein by reference. All rights granted hereunder are subject to the
terms, conditions, and requirements of Title 18 ECDC.
The City shall have the authority at all times to control by appropriate regulations the locations,
elevation, manner or construction and maintenance of any Facilities by the Franchisee, and the
Franchisee shall promptly conform with all such regulations, unless compliance would cause the
Franchisee to violate other requirements of the law.
Section 9. Section 26 of the Franchise is amended as follows:
Section 26. Notice. Any notice or information required or permitted to be given to the parties
under this Franchise may be sent to the following addresses unless otherwise specified:
CITY:
City of Edmonds
City Engineer
121 5th Avenue North
Edmonds, WA 98020
City of Edmonds
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Telephone: (425) 771-0220
FRANCHISEE:
MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON
ACCESS TRANSMISSION SERVICES
Attn: Franchise Manager
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038NAME
with a copy (except for invoices) to:
Verizon Business Services
1320 N. Courthouse Road, Suite 900
Arlington, VA, USA 2220l
Attn: Vice President and Deputy General Counsel, Network and Technology
MCImetro Access Transmission Services LLC
Attn: Franchise Manager
600 Hidden Ridge
Irving, TX 75038
With copy of notice to:
Verizon Legal Department
Attn: Network Legal Team
1300 I Street, NW
5th Floor
Washington, DC 20005
Notice shall be deemed given upon receipt in the case of personal delivery, three days after
deposit in the United States Mail in the case of regular mail, or the next day in the case of overnight
delivery.
Section 10. Section 28 of the Franchise is amended as follows:
Section 28. Attorney’s Fees. Except as otherwise provided in this Franchise, If if any suit
or other action is instituted in connection with any controversy arising under this Franchise, the
prevailing party each party shall be entitiled to recover all of its costs and expenses including such
sum as the court may judge reasonable for attorney’s fees, including fees upon appeal of any
judgment or ruling. responsible for its own attorneys’ fees and costs and expenses; This section
shall have no effect on the indemnity and defense obligations of this Franchise.
Section 11. Miscellaneous.
(a)No Other Amendments. Except as expressly modified by this Ordinance, all terms, conditions
and provisions of the Franchise shall continue in full force and effect as set forth therein.
(c)Acceptance. Within 60 days after the passage and approval of this ordinance, the extended and
amended Franchise shall be accepted by Franchisee by its filing with the City Clerk an
unconditional written acceptance thereof. Failure of the Franchisee to so accept this extended and
amended Franchise within said period of time shall be deemed a rejection thereof, and the rights
and privileges herein granted shall, after the expiration of the 60 day period, absolutely cease and
determine, unless the time period is extended by ordinance duly passed for that purpose.
(d)Grant Fee. Permittee shall pay a Grant Fee which is a fee for the actual administrative expenses
incurred by the City that are related to receiving and approving this Master Permit pursuant to
RCW 35.21.860, including the costs associated with the City's legal costs incurred in drafting and
processing this Master Permit. Permittee shall further pay the franchise application fee if not
already paid. Permittee shall pay the reimbursements pursuant to this Section within thirty (30)
days after receipt of an invoice from the City. No right of way construction permits shall be issued
to Permittee until such time as the City has received payment of this Grant Fee.
( e )Effective Date. This Ordinance being an exercise of a power specifically delegated to the City
legislative body, is not subject to referendum and shall take effect and be in full force five (5) days
after the passage and publication of an approved summary thereof consisting of the title.
ATTEST/ AUTHENTIC A TED:
City of Edmonds
Ordinance No. 4394
CITY OF EDMONDS
Mayor Mike Rosen
14
City of Edmonds
Ordinance No. 4394
15
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY:
By:________________________________
JEFF TARADAY
FILED WITH THE CITY CLERK: May 8, 2025
PASSED BY THE CITY COUNCIL: May 13, 2025
PUBLISHED: May 16, 2025
EFFECTIVE DATE: May 21, 2025
ORDINANCE NO.: 4394
City of Edmonds
Ordinance No. 4394
16
SUMMARY OF ORDINANCE NO. 4394
Of the City of Edmonds, Washington
On the 13th day of May, 2025, the City Council of the City of Edmonds passed Ordinance No.
4394. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, GRANTING TO MCIMETRO ACCESS
TRANSMISSION SERVICES LLC, D/B/A VERIZON ACCESS
TRANSMISSION SERVICES, A DELAWARE LIMITED
LIABILITY COMPANY, AN EXTENSION AND
CONTINUATION OF ITS NON-EXCLUSIVE FRANCHISE TO
INSTALL, OPERATE, AND MAINTAIN A
TELECOMMUNICATIONS SYSTEM IN, ON, OVER, UPON,
ALONG AND ACROSS THE PUBLIC RIGHTS-OF-WAY OF
THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING
CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS
WITH RESPECT THERETO AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 13th day of May, 2025.
____________________________________
City Clerk, Scott Passey
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The-said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a rrue copy of EDH IO 13717 ORD 4394 as it
was published in the regular and entire issue of
said paper and not as a supplement form thereo f
for II period of I issue(s). such publication
commencing on 05/16/2025 and ending on
05/16/2025 and that said newspaper was
regularly distributed to its subscribers during all
of said period.
The amount
$37.84.
pub_lication is
Subscribed and sworn before me on this
--+-~;;:....;.___---=--{) ____ c ---==--?
Notary Public in and for the State of
Washington.
City ofEdmonds -LEGAL ADS I 14101416
SCOTT PASSEY
, I 'I'
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1 ·•1111 !
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. . .
Classified Proof
ORDINANCE S~MMARY
or the Cll)I oi Edmons. Washlngton
On the 13th Day of May , 2025 , the City Council of the City ol
Edmon(!S, passed ~ fouowlog Ordi nance . tho soo,mary ol snid
ordinance co!lfflung or Ullo lo provided 1$ rolows :
ORDINANCE NO.~•
AN ORDINANCE OF THE C OF EDMONDS.
WASHINGTON , GRANT ING TO MCIMETRO ACCESS
TRANSMISSION SERVICES LLC, 0/B/A VERIZON AC CE SS
TRANSM ISSION SERVICES, A DELAWARE LIMITED
LIABILITY CO~IPANY . AN EXTENSION ANO
~~l~L~AT1oi~:~rtiroN-E~5USIVEM~f ~~ISE T~ Ir! !I
TELECOt,IMUNICATIONS SYSTEl.l IN . ON , OVER, UPON,
ALONG f\NO ACROSS THE PUBLIC RIGtfTS-OF,WAY OF
THE CITY OF EDMONDS . WASHINGTON. PRESCRIBING
CERTAIN RIGHTS , DUTIES , TERMS ANO CONDITIONS
WITH RESPECT THEflETO ANO ESTABL IS HING AN
EFFECTIVE DATE .
DATED lhls 131h ~ ol May. 2025 .
CITY CLERK. SCOJ I PASSEY
PubDshed: May 16, 2025 . EDH10!3717
Pro ofe d by Pospical, Randie, 05 /16 /20 2 5 08 :44 :00 am
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