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Ordinance 4417ORDINANCE NO. 4417 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING NEW REGULATIONS RELATED TO NON -TRANSPORTATION USE OF AND WORK IN THE RIGHT-OF-WAY WHEREAS, the City's public rights -of -way ("ROW") consist of streets, sidewalks, planting strips, and related areas in which the City holds property and regulatory interests acquired by various lawful means; and WHEREAS, the paramount purpose of the ROW is to provide for safe and efficient public travel by all modes, and the placement of utility and other facilities in the ROW is a secondary and subordinate use permissible only when consistent with that primary purpose; and WHEREAS, this ordinance has remedial purposes and it is being adopted in part to respond to a problem, not merely to retain the status quo; and WHEREAS, the City has observed that work in the ROW by utilities and other parties, including installation, maintenance, repair, and removal of facilities, can at times result in unfinished restoration, abandoned or substandard facilities, encroachments into travel or clear zones, and other conditions that adversely affect safety, accessibility, and appearance in the ROW; and WHEREAS, addressing such conditions, enforcing permit requirements, and coordinating overlapping work requires significant staff time and resources, and the City Council finds that clearer standards, procedures, and enforcement tools are needed to promote efficient use of limited staff capacity and protect the public interest in the ROW; and WHEREAS, the City issues right-of-way construction permits to manage work in the ROW, including excavation, installation or relocation of utility facilities, and surface restoration, and the Council finds that the permit framework should clearly allocate responsibilities, establish performance and restoration standards, and provide mechanisms to address noncompliance; and WHEREAS, under Washington law and long-standing practice, utilities and similar entities may obtain franchises granting permission to occupy and use the ROW subject to conditions, and such franchises are a primary tool for ensuring that private and public utility use of the ROW remains compatible with the paramount purpose of public travel; and WHEREAS, the courts have explained that the grant of a franchise is a special privilege that allows one to profit from the use of the city streets in a manner not generally available to the public as a common right; and WHEREAS, in 2019 the Washington Supreme Court held in King County v King County Water Dist. No. 20, 194 Wn.2d 830, 453 P.3d 681 (2019), that private and public utilities have no general right to use the right-of-way without a franchise, and to use the right-of-way, the utilities must obtain a franchise; and WHEREAS, the City's experience administering franchises has shown that outdated, incomplete, or missing franchises can complicate ROW management, including where entities continue to occupy the ROW under expired franchises or other historical arrangements that do not reflect current standards, conditions, and community expectations; and WHEREAS, this City's experience, further informed by the experience of other jurisdictions, has shown that, absent clear timelines and consequences, some utilities may continue to use the ROW for extended periods after a franchise has expired while engaging in prolonged negotiations toward a successor franchise, creating uncertainty about applicable terms and conditions and impeding the City's ability to manage the ROW on a current, consistent, and equitable basis; and WHEREAS, the Council therefore finds it is in the public interest to establish in the City code a clear framework for franchise administration, including expectations for timely negotiation and renewal, provisions addressing ongoing occupancy of the ROW without a current written franchise, and reasonable transition mechanisms that support good -faith negotiation while discouraging indefinite unfranchised use; and WHEREAS, the Council also finds that unmanaged accumulation of facilities, incomplete restoration, and inconsistent standards in the ROW can create safety hazards, impede ADA-compliant access, interfere with other utilities and public projects, and degrade the public streetscape, and that updated regulations are needed to prevent and remedy such conditions; and WHEREAS, this ordinance is intended to provide a coherent structure for the regulation of work in the ROW, including clear standards for ROW construction permits, procedures and criteria for franchises, and enforcement tools and remedies that are proportionate and predictable; and WHEREAS, the Council intends that these regulations be of general application to users of the ROW; and WHEREAS, in developing this ordinance the City has provided utilities and other affected stakeholders with notice and multiple opportunities to review and comment on draft language, has held meetings to receive and discuss those comments, and has revised the draft in various respects in response to issues and concerns raised, while maintaining the core objectives of public safety, accessibility, fiscal responsibility, and effective ROW management; and WHEREAS, the Council has considered staff reports, written comments, public testimony, and other materials in the legislative record in adopting this ordinance; and 2 WHEREAS, the matter of amendments to Title 18, including Chapter 18.60 was brought before council several times during 2025: April 8---introduction to problem statement; June 25--- introduction to draft code updates; August 12, 2025---public hearing and heard from city staff regarding changes made in response to comments from the utilities on August 12, 2025; and received a draft with further changes made in response to comments from the utilities and held a hearing for the purpose of discussion of code updates on November 2, 2025; and WHEREAS, the Council intends that this ordinance be consistent with applicable state and federal law governing municipal management of rights -of -way and utility use thereof, including but not limited to the City's authority under Article XI, Section 11 of the Washington Constitution, Chapters 35A.01, 35A.47; 35.99; 47.24 RCW; RCW 35A.11.020; and RCW 54.04.040, while preserving the City's ability to efficiently manage its streets for public travel, safety, and accessibility; and WHEREAS, the Council finds that promoting orderly and coordinated use of the ROW, protecting public safety and accessibility, ensuring fair and transparent processes for ROW users, and safeguarding the public's financial and physical assets are legitimate governmental objectives; and WHEREAS, the Council further finds that the regulations and procedures established by this ordinance are reasonably related to and no broader than necessary to advance those objectives; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repeal and Replacement of ECDC Chapter 18.60. ECDC Chapter 18.60 entitled Right -of -Way Construction Permits is hereby repealed and replaced with Attachment A. Section 2. Repeal of ECDC Chapter 18.05. ECDC Chapter 18.05 entitled Utility Wires is hereby repealed. Section 3. Severabi I ity. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. 3 Section 5. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR, MIKE ROSEN ATTEST/AUTHENTICATED: DEPUTY CITY CLERK, EMILY VILLATA APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TAIZA[)A FILED WITH THE CITY CLERK: November 26, 2025 PASSED BY THE CITY COUNCIL: December 2, 2025 PUBLISHED: December 5, 2025 EFFECTIVE DATE: January 1, 2026 ORDINANCE NO. 4417 4 SUMMARY OF ORDINANCE NO.4417 of the City of Edmonds, Washington On the 2nd day of December, 2025, the City Council of the City of Edmonds, passed Ordinance No. 4417. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING NEW REGULATIONS RELATED TO NON -TRANSPORTATION USE OF AND WORK IN THE RIGHT-OF-WAY The full text of this Ordinance will be mailed upon request. DATED this 2nd day of December, 2025. / DEPUTY CITY CLERK, EMILY VILLATA 5 ATTACHMENT A CHAPTER 18.60 RIGHT-OF-WAY REGULATION TABLE OF CONTENTS: 18.60.000 PRELIMINARY ARTICLE 18.60.010 General Authority 18.60.020 Purpose and Objectives 18.60.030 Administration of Chapter and Authority of Director of Public Works and City Engineer 18.60.040 Cost Recovery -Fees 18.60.050 Definitions 18.60.055 Enforcement 18.60.060 Captions 18.60.070 Severability 18.60.100 RIGHT-OF-WAY CONSTRUCTION PERMITS 18.60.110 Permit Required 18.60.112 Exemptions 18.60.1 14 Blanket Permits 18.60.120 Applications 18.60.121 Emergency Response Work Additional Application Information 18.60.122 Unfranchised utilities — ROW construction permits 18.60.152 Pavement Cut Restrictions 18.60.155 Limitations of Permit 18.60.160 Display of Permit 18.60.170 Permitting Stages 18.60.185 Permit Expiration 18.60.186 Liability 18.60.500 FRANCHISES L GENERAL 18.60.510 Applicability 18.60.512 City Consent Required to Use City Right of Way —Existing Facilities-Timeframe 18.60.515 Existing City Franchises Not Affected 18.60.520 Franchise Grants Shall be Subject to Federal, State, and Local Law 18.60.522 Compensation to City 18.60.525 Recovery of City's Expenses 18.60.526 Change of Business Name 1 18.60.530 Unconditional Written Acceptance Required 18.60.531 Procedure for Resolving an Impasse in Negotiation 18.60.532 Unlawful Use of Right of Way --Enforcement II. PROVISIONS APPLICABLE TO SERVICE PROVIDERS 18.60.540 Authorizations Applicable to Service Providers —Application Required -Procedures 18.60.545 Master Permit Application —Contents 18.60.550 Renewal Application 18.60.552 Procedure for Processing Master Permit Applications 18.60.555 Considerations of Council in Evaluating Grant of a Master Permit 18.60.560 Decision and Appeal 18.60.562 Authority Granted by Master Permit III. PROVISIONS APPLICABLE TO PUBLIC UTILITIES OTHER THAN SERVICE PROVIDERS 18.60.570 Authorizations Applicable to Public Utilities other than Service Providers —Application Required —Procedures 18.60.575 Franchise Application --Contents 18.60.580 Renewal Application 18.60.582 Procedure for Processing Franchise Applications 18.60.585 Considerations of Council in Evaluating Grant of a Franchise 18.60.590 Decision and Appeal 18.60.592 Authority Granted by Franchise 18.60.600 UTILITY WIRES, POLES, AND OTHER FACILITIES 18.60.610 Applicability 18.60.615 Existing city franchises not affected 18.60.620 Responsibility for expenses 18.60.625 Placement and location of facilities 18.60.630 Underground installation requirements 18.60.645 New and replacement power poles 18.60.650 Pole and facility installation requirements 18.60.660 Use of poles for small wireless facilities and private communication facilities 18.60.665 Pole replacement and removal --coordination of facilities transfers from pole to pole or from pole to resulting underground installation 18.60.675 Joint use of excavation and trenching 18.60.685 Additional ducts or conduit —city may require 18.60.692 Notice of tariff changes 18.60.695 Variances 18.60.700 MASTER PERMIT TERMS COUNCIL HAS PRE -APPROVED 18.60.710 Purpose 18.60.711 Definitions 18.60.713 Grant Limited to Occupation 2 18.60.715 Non -Exclusive Grant 18.60.725 Term 18.60.730 Construction Permits Required 18.60.732 Relocation of Facilities 18.60.735 Placement of Facilities Underground 18.60.740 Maps and Records 18.60.745 Work in Right -of -Way 18.60.747 Restoration After Construction 18.60.750 Emergency Work — Permit Waiver 18.60.752 Dangerous Conditions, Authority for City to Abate 18.60.755 Recovery of Costs 18.60.760 Indemnification and Waiver 18.60.762 Insurance. 18.60.765 Abandonment and Removal of the Grantee's Facilities 18.60.767 Construction Bond 18.60.770 Modification 18.60.775 Forfeiture and Revocation 18.60.780 City Ordinances and Regulations 18.60.785 Security Fund 18.60.787 Survival 18.60.790 Severability 18.60.792 Assignment 3 PRELIMINARY ARTICLE 18.60.010 General Authority 18.60.020 Purpose and Objectives 18.60.030 Administration of Chapter and Authority of Director of Public Works and City Engineer 18.60.040 Cost Recovery -Fees 18.60.050 Definitions 18.60.055 Enforcement 18.60.060 Captions 18.60.070 Severability 18.60.010 General Authority This chapter is adopted under the authority of Washington Constitution, art. 11, sec. 11; Chapters 35A.01, 35A.47; 35.99; 47.24 RCW; RCW 35A.11.020; and RCW 54.04.040. 18.60.020 Purpose and Objectives of Chapter A. Purpose. The purpose of this chapter is to manage the right-of-way in the public interest. Effective right-of-way management consists of a range of vital tasks the city must perform, including, without limitation, preserving and restoring the integrity and aesthetics of the right-of-way including streets and sidewalks, controlling the orderly flow of vehicles and pedestrians, managing and keeping track of the various water, sewer, storm, gas, cable, telecommunications, electricity, and other utility facilities that occupy the public right-of- way while ensuring the public's paramount right to use it for safe public travel, including the making of improvements to enhance that safe public travel, and ensuring financial protection of the city and its citizens. To achieve these purposes, it is necessary to grant franchises, licenses, right-of-way construction permits, and to establish guidelines governing right-of- way use and work, facilities placement, and permitting procedures. B. Right-of-way management objectives. While the right-of-way can be useful to utility companies, the city must ensure that such use will not unreasonably limit or encroach upon the public's right to travel in the right-of-way, which includes the city's need to make improvements that will enhance the various modes of transportation in the right-of-way without unnecessary additional costs to the public. These competing uses must be reconciled, the public safety preserved, and the public assets safeguarded. This chapter is intended to strike this balance, and therefore, the objectives of this chapter are to: 1. Ensure that public safety is maintained and public inconvenience minimized; 2. Protect the city's past and continuing investment cost to acquire, construct, widen, operate, manage, maintain, and repair right-of-way improvements, by establishing construction and repair standards for the right-of-way; 3. Ensure the city's ability to obtain sufficient information from right-of-way permit applicants to enable timely and effective decisions regarding their access to the right-of- way and to effectively manage activity in the right-of-way; 4 4. Ensure the city's current and ongoing expenses of granting and regulating access to and use of the public right-of-way are fully recovered by those seeking that access and causing such expenses; 5. Conserve and manage the limited physical capacity of the right-of-way held in public trust by the city while protecting the city's long-term management and planning for future right-of-way use; 6. Establish clear and nondiscriminatory guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of right-of-way use, including, without limitation, the placement and relocation of facilities for electrical, communication, or other purposes occupying the right-of-way; 7. Encourage economic development while restoring and preserving aesthetic and other community values; 8. Regulate communications in a competitively neutral manner; 9. Promote cooperation among users of the right-of-way and the city in order to (a) eliminate duplication that is wasteful, unnecessary, or unsightly, and (b) minimize street cuts; 10. Ensure that all persons occupying the right-of-way comply with city rules and regulations; and 11. Ensure that the city can continue to fairly and responsibly protect the public health, safety, and welfare. 18.60.030 Administration of Chapter and Authority of Director of Public Works and City Engineer A. In order to effectively manage and regulate the use of public right-of-way by private and public entities in the best interests of the city and its citizens, it is necessary for the city to reserve and exercise all legislative, administrative and discretionary authority it may have under law, and it is expressly reserved. B. The Director of Public Works is authorized to administer and enforce this chapter. In the absence of the Director of Public Works, the City Engineer is authorized to act on their behalf. 18.60.040 Cost Recovery -Fees To the extent it may do so under law, in order to ensure the city's current and ongoing expenses of granting and regulating access to and use of the public right-of-way are reimbursed by those seeking that access and causing such expenses, the city intends to recover its expenses incurred. Application and inspection fees and other fees shall be as set in ECDC 15.00.020, established by the city council resolution, in its sole legislative discretion. 18.60.050 Definitions Whenever used in ECDC 18.60.000-18.60.600, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The term "written" shall include electronic writings. 5 "Cable television service" has the same meaning as set forth in Chapter 35.99 RCW, as may be amended. "City Engineer" includes an acting city engineer or designee. "City utility easement outside of the right-of-way" means the legally defined area outside of the right-of-way in which the city has property rights, whether acquired by purchase and sale, gift, or otherwise, for use by and for city owned or operated utilities. This chapter shall not be read to diminish or in any way affect the authority of the city to control the use of the city's utility easements or other real or personal property. "Common utilities" means main line facilities which serve more than one lot. "Contractor" means anyone who undertakes to install, maintain, repair, or remove facilities in the right-of-way or perform other work in the right-of-way. Contractor does not include employees of the city of Edmonds. "Days" means calendar days unless otherwise specified. "Director" means the director of public works or an acting director of public works or designee. "Documentation" means a non -frivolous claim filed with the city clerk that the filing public utility has an existing state-wide grant to occupy public right-of-way without city consent which shall include tracing its rights from the current rights holder to the original grantee. "Emergency" means a condition that is an immediate threat to human health and safety, property, or to the environment, such as but not limited to, water or sewer main breaks, gas leaks, or downed power or communication lines. An existing customer experiencing an absence of a particular utility service also constitutes an emergency for the purposes of permitting requirements. "Facilities" or "facility" means all of the equipment, fixtures, appurtenances, antennas, and other facilities used to furnish and deliver water, sanitary sewer, storm, electric, telecommunications, cable, natural gas, or other services to the public, including but not limited to pipes, catch basins, valves, poles with crossarms, poles without crossarms, cables, wires or other lines, conduits, communication and signal lines and equipment, braces, guys, anchors, vaults, pedestals, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of services provided to the public. Facilities include abandoned or discontinued items. "Franchise" means the agreement by which the city may grant a general permission to a public utility, approved by an ordinance of the city council, to enter, use, or occupy the public right-of- way for the purpose of locating, constructing, operating, or maintaining facilities. Consistent with Chapter 35.99 RCW, a master permit is a type of franchise. "Grantee" means anyone who has been granted a franchise by the city council. 6 "In the public right-of-way" means in, on, over, under, across, and generally at any depth below, height above, or on the surface of, the right-of-way. "Macro cell facility" has the same meaning as set forth in ECDC 20.50.160. "Master Permit" has the same meaning as set forth in Chapter 35.99 RCW. "Permittee" or "permit holder" means anyone who has received a right-of-way construction permit from the Director of Public Works. "Person" or "anyone" is to be interpreted in its broadest sense and includes individuals, contractors, public utilities, corporations, companies, associations, firms, partnerships, limited liability companies, public utility districts, government agencies, and any other entity or organization of any kind, other than the city of Edmonds. "Private communications facilities" means facilities used for the purpose of conducting internal business communications or for the purpose of monitoring, controlling, or operating utility distribution systems. Private communications facilities do not provide telecommunications service or cable television service. "Private utility service" means the facilities which connect a lot or structure(s) within a lot to common utilities. "Public utility" means a company or entity, whether publicly or privately owned, engaged in any business or service regularly supplying the public with some commodity or service for hire such as natural gas, electricity, water, sanitary sewer, telecommunications, or cable. The term is deemed to include any employee, nominee, or contractor or subcontractor thereof, performing work in the City, whether under contract, direction, request, or authority of the public utility. While the city of Edmonds operates some utilities, "public utility" does not include the city of Edmonds. "Public utility" includes, without limitation, service providers and public utility districts. "Reasonable" or "reasonably" means an action or decision for which a reason or basis can be stated, such reason or basis arising from the facts and circumstances of the situation presented. Reasonable or reasonably is contrasted with arbitrary, i.e., unreasoning action, without consideration and in disregard of facts and circumstances. Where there is room for two opinions, a decision is reasonable even though one may believe an erroneous conclusion has been reached. "Right-of-way" or "public right-of-way" or "city right-of-way" or "public ways" means the legally defined area in which the city has property rights, whether acquired by purchase and sale, gift, dedication, or otherwise, for the purpose of public travel, including all rights under any federal, state, or local law associated with that purpose providing without limitation, the right to construct, to operate, to maintain, to regulate, to permit, or to grant franchises in that property. Right-of-way does not include parks; facilities, fixtures, or personal property, such as but not limited to buildings, poles, conduits, or similar facilities; or other real or personal property owned by or leased to the city; and this chapter shall not be read to diminish or in any way affect the authority of the city to control the use of the city's right-of-way or other real property, 7 facilities, fixtures, or other personal property. As the context may require in ECDC 18.80.010, 20.75.075(D), and 18.50.020, right-of-way includes proposed right-of-way. "Right-of-way construction permit" or "permit" means the authorization by which the city grants permission under this chapter to a person or contractor to enter and access a specified portion of the right-of-way for the purpose of installing, maintaining, repairing, or removing facilities or performing other specified work. The permit is comprised of the issued permit along with the application, approved plans, and all supporting documents. "Service provider" means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating, or managing any facilities used to provide and providing telecommunications or cable television service for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city, or town. If the definition of service provider in Ch 35.99 RCW is amended, then the definition here is so amended. "Telecommunications service" has the same meaning as set forth in Chapter 35.99 RCW, as may be amended. "Unfranchised public utility" means a public utility that does not have a current franchise with the city. Notwithstanding the foregoing, the following fall outside this definition: an entity with a cable television franchise that is valid and enforceable under federal law; an entity with a valid and enforceable statewide grant that has complied with the provisions of ECDC 18.60.540. "Use city right-of-way" or "using city right-of-way" means to use, occupy, construct, place, maintain, or operate facilities in city right-of-way. The terms costs and expenses are intended to have the same meaning as used in this chapter. 18.60.055 Enforcement A. Enforcement Methods If the Director determines that any person has violated or failed to comply with any provision of Chapter 18.60, then the Director may enforce this chapter using any or all of the following methods as they determine appropriate: 1. Serve oral or written directives to the permit holder or other responsible person, requiring immediate correction or discontinuance of the specified condition, which directive may include an order to stop work; 2. Assess monetary penalties or initiate abatement or both by utilizing the enforcement procedures of Chapter 20.110 as modified below; 3. Revoke previously granted permits authorizing work that the permit holder has not yet commenced at the time of revocation. The Director may use this method if the permit holder or other responsible person has failed or refused to comply with requirements imposed by the city related to any permit; 4. Refuse to grant additional permits to the permit holder or franchise holder or owner until the correction or discontinuance of previously identified unsafe, nonconforming or unauthorized use or condition or other violation under this Chapter 18.60 is resolved. 0 B. Appeal Procedures Enforcement action under 18.60.055(A)(2) shall be appealable as provided in Chapter 20.110 ECDC. Enforcement action under 18.60.055(A)(3) and 18.60.055(A)(4) shall be in writing and appealable to the hearing examiner pursuant to Chapter 20.06 ECDC as a Type II decision. Notice of the hearing shall be provided to the applicant and/or appellant and any other party who has requested notice in writing at least five business days prior to the hearing. A decision to revoke a permit may be stayed if an appeal is timely filed pending decision on the appeal by the hearing examiner. Orders to stop work shall not be stayed. C. Chapter 20.110 Modifications The Director may assess monetary penalties or initiate abatement or both utilizing the enforcement procedures of Chapter 20.110 as modified here: ECDC 20.110.040(B.) Notice of Civil Violation (NOV) is modified as follows: a. Issuance. The Director is authorized to issue an NOV without having first issued an order to correct in the following circumstances: i. Emergency or for repeat violations; ii. The Director has first served a written directive (not an oral directive) under section 18.60.055 (A)(1) for failure to comply with the conditions of a right-of- way construction permit. The written directive may take the place of an order to correct under Chapter 20.110 ECDC; iii. Work has been performed in right-of-way without a right-of-way construction permit having been issued and without applicability of an exception. "Work" means the act of entering or using the right-of-way and either placing, installing, performing maintenance, repair, or removing any facility or engaging in any other activity requiring a right-of-way construction permit; iv. Failure to file an application for a franchise or provide Documentation as required by this chapter; and v. Failure to obtain a current franchise as required by this chapter. The Director may issue the NOV to each responsible person (by way of example and not limitation, a franchise holder and its contractor.) The purpose of an NOV issuance to more than one responsible person is to provide notice of the violation to each responsible person, each of whom is jointly and severally liable for monetary penalties and for abatement, as applicable. b. Content. The content of the NOV shall be as stated in ECDC 20.110.040(B)(3) with the following departure: Substitute item. In lieu of subsection (f) of ECDC 20.110.040(B)(3), the following shall be included: (1) The date by which the violation must be corrected, and the date shall be determined by the Director in their reasonable discretion, and (2) a description of the required action to correct the violation. 9 The Director may require immediate correction in the following circumstances: an emergency needing immediate action; a repeat violation; the city has already provided an opportunity to correct with, at a minimum, a written directive under section 18.60.055 (13)(1); or the work was done without having obtained a right-of- way permit and without an exception. Service --Effective Date. The NOV shall be served by any method authorized in ECDC 20.110.040(B)(4). Email service is effective as of the date emailed. Service by posting or personal service is effective as of the date posted or personally served. Service by U.S. mail is effective three days after placed in the mail. Each and every notice of violation shall afford an opportunity for a hearing as provided in ECDC 20.110.040(C). 2. ECDC 20.110.040(F.) Monetary Penalties is replaced with the following: Violations of Chapter 18.60 shall carry monetary penalties that differ from those of ECDC 20.110.040(F) and shall be as provided in this section. Unless otherwise provided in this chapter, any person violating or failing to comply with any provision of this chapter, shall be subject to a civil monetary penalty (a fine) of: $500 for the first violation $2500 for the second violation $3500 for the third violation; and $5000 for each additional violation. a. Repeat violations. The fine shall be escalated according to the above schedule for repeat violations. A repeat violation is a violation which is either: (i.) continuing (i.e., an NOV has been issued and all required action to correct the violation has not occurred), or (ii.) similar in nature to a previous violation for which the Director used any method under 18.60.055(A). Unless otherwise stated in this chapter, in the case of continuing violations, a second and subsequent notice of violation may issue no sooner than seven [7] calendar days after the date the preceding notice of violation was served by any method under ECDC 20.110.040(B)(4) and 18.60.055(C)(1)(c). To illustrate, if an NOV was served effective on a Monday, then a subsequent NOV may issue on the next Monday. b. Director discretion to increase the monetary penalty. The Director may increase any civil monetary penalty beyond the dollar amounts of above schedule if. the violation created a significant risk to public health or safety; the violation caused significant damage to public or private property; or there is an economic benefit to the person or entity responsible for the violation derived from the choice to commit or not correct the violation. In determining the amount of an increase, the Director shall consider as applicable the following factors: the significance of the risk to public safety, the significance of the damage caused to property, or, in the case of economic benefit derived, whether the violation is similar in nature to a previous violation, the number of similar previous violations, and the length of time the violation has been ongoing. The Director shall make findings of fact that speak to the aforementioned factors and 10 describe any other basis considered. The decision of the Director is appealable to the hearing examiner. In no case can the fine be less than the scheduled fine. c. Director authority to refuse to grant additional permits on nonpayment of monetary penalty. Failure to pay any assessed monetary penalty after an appeal period has lapsed or as ordered on appeal is grounds for the Director to refuse to issue additional permits until the monetary penalty is paid. 3. ECDC 20.110.040 (E.) Abatement by Director is modified as follows: In addition to the procedures of ECDC 20.110.040(E), the Director is authorized to immediately abate any unsafe condition posing an immediate danger to the public, property, or the environment, and the expense shall be borne by the permittee or any or all other responsible persons. D. Immediate revocation of permit and notice to stop work. Consistent with ECDC 20.110.045, the Director may immediately revoke a right-of-way construction permit or issue notice to stop work without first issuing an order to correct or a notice of violation. E. Expense recovery. All expenses incurred by the city in enforcing any requirement or abating any condition under this chapter shall constitute a civil debt owing the city, jointly and severally by all responsible persons, which debt shall be collectible in the same manner as any other civil debt. A monetary penalty assessed does not include expense recovery. F. Remedies cumulative. The City shall also have all powers and remedies which may be available under law, this code and procedures adopted hereunder for securing the correction or discontinuance of any conditions in violation of this chapter 18.60. G. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition that constitutes or will constitute a violation of the applicable provisions of this chapter when civil or criminal penalties are inadequate to effect compliance. In addition to the penalties set forth in this section, violation of the terms of this chapter also may result in the revocation of any authorization approval, including but not limited to, franchise or master permit granted. H. Applicability. This section 18.60.055 is applicable to: violations of Chapter 18.60 and, as applicable, Chapter 18.00, occurring after the effective date of this ordinance; ongoing violations of right-of-way construction permits issued before the effective date of this ordinance regardless of the date the violation began; ongoing unauthorized abandonment of poles or other facilities or property in the right-of-way regardless of the date the unauthorized abandonment began; ongoing violations of applicable safety laws or regulations, regardless of the date the safety violation began. As to any particular ongoing violation, it is immaterial whether enforcement action began before the effective date. What matters is whether the violation or unauthorized activity is ongoing after the effective date of this ordinance. 18.60.060 Captions The captions to sections in this chapter are inserted solely for information and shall not affect the meaning or interpretation of this title. 11 18.60.070 Severability All sections, subsections, and portions of this chapter shall be severable. If any section, subsection, sentence, clause or phrase of this chapter, or its application to any person, is for any reason declared invalid, in whole or in part by a court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. In the event of a subsequent change in applicable law so that the provision which had been declared invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the city and shall thereafter be binding. If, as determined by the city upon appropriate legal advice, or applicable court decision, any term, condition or provision of this title imposes a requirement which is prohibited by applicable federal or state law, or prohibits an action which must be allowed under applicable federal or state law, then any such term, condition, or provision shall be construed to not impose the requirement which is prohibited by valid federal or state laws or not to prohibit the action which must be allowed under valid federal or state law. 18.60.100 RIGHT-OF-WAY CONSTRUCTION PERMITS 18.60.110 Permit Required 18.60.112 Exemptions 18.60.114 Blanket Permits 18.60.120 Applications 18.60.121 Emergency Response Work Additional Application Information 18.60.122 Unfranchised utilities —ROW construction permits. 18.60.152 Pavement Cut Restrictions 18.60.155 Limitations of Permit 18.60.160 Display of Permit 18.60.170 Permitting Stages 18.60.185 Permit Expiration 18.60.186 Liability 18.60.110 Permit Required No person shall enter or use the right-of-way or any city utility easement outside of the right-of- way for the purpose of installing, maintaining, repairing, or removing facilities, or for the purpose of performing any excavation, construction, maintenance or repair, or to perform other work therein, without first obtaining a right-of-way construction permit from the Director of public works. A right-of-way construction permit is not transferable. 18.60.112 Exemptions A right-of-way construction permit shall not be required under the following circumstances: A. City employees. Work performed by employees of the city, such as but not limited to, street or utility improvement or maintenance; B. Blanket permits. Work performed under authority of a blanket permit that is current and in good standing issued pursuant to 18.60.114; and 12 C. Emergency response. Work in the right-of-way performed in response to an emergency shall not require issuance of a right-of-way construction permit before work commences. However, after work has commenced, a permit shall be applied for and obtained according to sections 18.60.120 and 18.60.121. 18.60.114 Blanket Permits The Director may issue an annual blanket permit addressing a certain type or category of work performed by a public utility in the right-of-way. The type or category of work appropriate for a blanket permit may include, but is not limited to, de minimis use of the right-of-way as approved by the Director. Blanket permits are subject to all requirements of this code and subject to the enforcement provisions of 18.60.055. 18.60.120 Applications A. Application submission. Applications for right-of-way construction permits shall be submitted in the manner and form as specified by the Director. B. Application contents. The following is required to be submitted with an application and supplements the required information of ECDC 18.00.010. All required information must be provided in order to make a complete application. 1. Application fee. 2. The identity of the applicant and franchise or master permit holder. The contractor shall be the applicant and sign the application. As applicable, the franchise/master permit holder shall be identified. 3. For public utilities, the ordinance number of the franchise or master permit wherein the city has consented to the applicant's use of the right-of-way in the manner proposed in the application. If a franchise or master permit is not required for the proposed right-of- way permit, the applicant shall explain why. 4. Traffic control plan. A traffic control plan must be submitted in any case where there is impact to pedestrian or vehicular traffic. It must be consistent with the requirements of the latest edition of Manual on Uniform Traffic Control Devices to prevent injury or damage to persons or property and to minimize disruptions to pedestrian and vehicular traffic. As applicable, one or more of the approved plans provided in the City's Traffic Control Handout may be adopted. Work within a state highway may require approval by WSDOT. The plans shall conform to general plan requirements as specified by city engineering design standards and may be required to be stamped by a professional engineer licensed in the state of Washington as deemed necessary by the Director. Such other information as the Director shall reasonably designate. The Director is authorized to create applications and may require, in an application or otherwise, any information deemed necessary or helpful to review an application. 18.60.121 Emergency Response Work Additional Application Content and Procedures If the right-of-way permit application is for emergency work, then in addition to other applicable code requirements and applicable regulations, the following applies: 13 A. Timing of Application l . Within two (2) business days following commencement of emergency response work, the responding public utility shall notify the public works department by email; 2. Within ten (10) business days following commencement of emergency response work, the responding public utility shall submit a right-of-way construction permit application form with attachments to follow. 3. Within thirty (30) calendar days of submittal of the application form, the responding public utility shall submit a complete plan set showing compliance with city code and policies, including without limitation clear zone policy. The timelines of A.2 and A.3 are subject to extension based on a showing of extenuating circumstances and agreement of the Director. B. Content of Application The application shall additionally include: 1. A declaration stating the facts that constitute the emergency and warranted the emergency response work; and 2. As applicable, all required content of 18.60.665(A) related to permit applications to replace or remove a pole. C. Compliance with Code The responding public utility is required to correct and bring into compliance with code any work that was performed out of compliance with code under emergency conditions. To that end, the city expects the application to contain plans to perform any corrective work that may be required to achieve compliance with city code. If the director requests revisions to the application or additional information or items, whether supplemental or missing, and within ninety (90) calendar days of the request either (a.) receives no response, or (b.) otherwise does not receive the requested information or items, then the emergency work may be considered a violation of code and subject to enforcement. The timelines of subsection C. are subject to extension based on a showing of extenuating circumstances and agreement of the Director. 18.60.122 Unfranchised utilities —ROW construction permits Before and including October 15, 2027, the public works department may issue right-of-way construction permits to unfranchised public utilities. After October 15, 2027, the public works department may issue right-of-way construction permits to unfranchised public utilities only under the following circumstances: A. In response to an emergency response work application submitted pursuant to 18.60.120 and 18.60.121; B. A right-of-way construction application is submitted, and the public works Director determines that while not meeting the definition of an emergency, the work is necessary to address a public health hazard; 14 C. City requested work to be done by the public utility in order to fulfill the public utility's relocation obligations to the city, whether under contract or common law; or D. If the Director has extended the timeframe pursuant to 18.60.512. 18.60.152 Pavement Cut Restrictions Improved streets are valuable assets of the city, and pavement cuts impact their useful life. Accordingly, restrictions, fees, and restoration standards are established. A. Newly paved right of way cut restriction. Newly paved right-of-way is right of way that has been reconstructed, repaved, or resurfaced, and at the completion of said work, the period called Year 1 shall commence. For ease of administration, Year 1 will be a period encompassing more than twelve months: It will begin the day after the reconstruction, repaving, or resurfacing is completed, and it will continue through the first complete calendar year following completion. No permit shall issue to cut into newly paved right-of-way except in case of an emergency or if the applicant submits and receives approval of a waiver as provided section F below. In either case, the permit shall be subject to expanded restoration standards and street overlay cut penalty fees. B. Recently paved right-of-way cut authorizations. Recently paved right-of-way is right-of-way that has been reconstructed, repaved, or resurfaced within the five-year period called Years 2-6. It is counted in calendar years, beginning at the conclusion of Year 1. Permits may be granted to cut into recently paved right-of-way. The permit shall be subject to expanded restoration standards and street overlay cut penalty fees. C. Expanded restoration standards. Any permit issued to cut into newly or recently paved right- of-way shall be subject to expanded overlay restoration standards as established by the Director. D. Street overlay cut penalty fees. Street overlay cut penalty fees are applicable to permits issued in (i) Year 1 (i.e., for cuts into newly paved right-of-way), and (ii) Years 2-6 (Le, for cuts into recently paved right-of-way). The applicable fee is as set in the fee schedule. E. General street restoration fee. The general street restoration fee is applicable to permits issued after Year 6 and is as set in the fee schedule. F. Waiver. 1. An applicant may submit to the Director a written request for waiver from Section A above if it believes 1) special circumstances exist beyond its control; or 2) the benefit to the public outweighs the disturbance to the pavement. 2. The Director may grant or deny the request in their sole reasonable discretion. 3. A submittal for review of a waiver will be subject to an hourly review fee as set in ECDC 15.00.020. 15 18.60.155 Limitations of Permit The issuance or granting of a right-of-way construction permit or approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of the provisions of this chapter, or any applicable laws, construction codes, regulations, and standards, including but not limited to those relating to the installation, operation, maintenance, repair and/or removal of facilities. A right-of-way construction permit shall not grant a right for any facility to be located or to remain at any specific location in the public right-of-way. 18.60.160 Display of Permit A copy of the right-of-way construction permit and approved plans shall be at the construction site and always displayed and available for inspection when construction work is occurring. 18.60.170 Permitting Stages Right-of-way construction permitting is comprised of the following stages: 1. An application for a right-of-way construction permit is submitted. 2. The city reviews the application for completeness and requests any supplemental or missing items or information to be submitted. 3. The applicant submits the requested supplemental or missing items or information within ninety (90) days or the application is deemed withdrawn pursuant to ECDC 18.00.01 O.C. Emergency response work permit applications additional information, items or revisions is governed by ECDC 18.60.121.C. 4. The application is either approved, conditionally approved, or denied in accordance with ECDC 18.00.020. 5. If approved, the permit is issued. 6. The permitted work can proceed and shall be completed by the date of permit expiration or any extension that may be granted. 7. An inspection(s) is conducted pursuant to ECDC 18.00.030. 8. The Director will determine whether the permitted work is granted a final approval. Notwithstanding final approval, the permitted work may still be subject to verification and periodic field inspection pursuant to ECDC 18.60.660 C.3. 9. The permit is closed. 18.60.185 Permit Expiration A. Completion of work. The permit holder shall promptly complete all work so as to minimize disruption of the city right-of-way and any impacted properties. All work authorized by a right-of-way construction permit, including restoration, must be completed by the date of permit expiration or any extension that may be granted. B. Expiration dates. A right-of-way construction permit will expire six months after the date of issuance. Notwithstanding the foregoing, right-of-way permits associated with a larger development project where a separate building or development permit has been issued shall expire on the expiration date of said building or development permit. Permits associated with a capital project may expire on a date determined in consideration of the timeframe of the capital project. 16 C. Extensions. Right-of-way construction permit holders may request one six-month extension. Any extension request must be submitted before the permit has expired. Notwithstanding the foregoing, permits associated with a separate building or development permit will be extended only if and to the extent the expiration of the associated building or development permit is extended. Permits associated with a capital project may be extended as determined by the Director. 18.60.186 Liability Neither the granting of a right-of-way construction permit nor any city inspection under this chapter implies city responsibility for the design, construction, or operation of the facility or for the public safety during the work. Any person regulated under this chapter shall be liable to the city for all losses or damages arising from the negligence or failure to take or ensure all necessary precautions to protect the public and the city in the performance of any construction activities. 18.60.500 FRANCHISES I. GENERAL 18.60.510 Applicability 18.60.512 City Consent Required to Use City Right of Way —Existing Facilities- -Timeframe 18.60.515 Existing City Franchises Not Affected 18.60.520 Franchise Grants Shall be Subject to Federal, State, and Local Law 18.60.522 Compensation to City 18.60.525 Recovery of City's Expenses 18.60.526 Change of Business Name 18.60.530 Unconditional Written Acceptance Required 18.60.531 Procedure for Resolving Impasses in Negotiation 18.60.532 Unlawful Use of Right of Way --Enforcement II. PROVISIONS APPLICABLE TO SERVICE PROVIDERS 18.60.540 Authorizations Applicable to Service Providers —Application Required -Procedures 18.60.545 Master Permit Application —Contents 18.60.550 Renewal Application 18.60.552 Procedure for Processing Master Permit Applications 18.60.555 Considerations of Council in Evaluating Grant of a Master Permit 18.60.560 Decision and Appeal 18.60.562 Authority Granted by Master Permit III. PROVISIONS APPLICABLE TO PUBLIC UTILITIES OTHER THAN SERVICE PROVIDERS 18.60.570 Authorizations Applicable to Public Utilities other than Service Providers —Application Required —Procedures 17 18.60.575 Franchise Application --Contents 18.60.580 Renewal Application 18.60.582 Procedure for Processing Franchise Applications 18.60.585 Considerations of Council in Evaluating Grant of a Franchise 18.60.590 Decision and Appeal 18.60.592 Authority Granted by Franchise I. GENERAL 18.60.510 Applicability The provisions of 18.60.500 apply to all public utilities, current or prospective, who use or aspire to use city right-of-way. Notwithstanding the foregoing, the provisions of 18.60.500 do not apply to cable television service providers who have obtained a cable franchise under chapter 4.68 ECC and meet the conditions of ECDC 18.60.540(b). 18.60.512 City Consent Required to Use City Right of Way - Existing Facilities-Timeframe A. Consent Required. It is unlawful to use city right-of-way without the city's consent. Any city consent to use city right-of-way shall be granted in the form of a current franchise agreement approved by the city council and fully executed by the parties in accordance with this subchapter; exception for statewide grant holders is as provided herein. B. Existing Facilities. Facilities existing in city right-of-way at the time of adoption of this ordinance, placed in accordance with an expired franchise or placed without a franchise but with a right-of-way construction permit having been issued nonetheless, may remain at such existing locations according to the means specified in the expired franchise until October 15, 1 2027, PROVIDED THAT nothing herein exempts a public utility from its obligation to timely submit a complete application for a current franchise or submit Documentation as provided herein, AND FURTHER PROVIDED THAT nothing herein exempts a public utility from its obligation to obtain a current franchise from the city for use of the city's right- of-way or follow the requirements applicable to providers claiming a statewide grant. If the public utility has some other valid and legally enforceable source of authority to occupy the right-of-way, such as an existing statewide grant for wireline facilities, then the October 15, 2027, timeframe shall not apply. The Director of public works may extend the October 15, 2027, timeframe for extenuating circumstances or if the parties are in the process of mediation pursuant to ECDC 18.60.531. Any extension shall be signed by the public works Director. Unless so extended, no expired franchise or any other action or permission of the city shall be construed as consent to use the city's right-of-way, either expressly or impliedly, after October 15, 2027. 18.60.515 Existing City Franchises Not Affected The provisions of this subchapter do not and shall not be interpreted to waive any right enjoyed by the city with respect to any grantee, nor to waive the obligations created by any franchise existing prior to the effective date of this ordinance. To the extent the provision of any current 18 franchise or other current written agreement with a public utility may conflict with any provision of this subchapter, the applicable provision of the franchise or other written agreement prevails. 18.60.520 Franchise Grants Shall be Subject to Federal, State, and Local Law All public utilities subject to this chapter are at all times subject to and must comply with all applicable existing and future federal, state, and local laws, ordinances, codes, rules, regulations and orders. In accepting and executing any franchise granted to it by the city council, the public utility acknowledges that its rights thereunder are subject to the legitimate rights of the police power of the city to adopt and enforce general ordinances, rules, and regulations necessary to protect the health, safety, and welfare of the public. The grantee shall comply with all generally applicable laws, rules and regulations enacted by the city pursuant to such power. 18.60.522 Compensation to City Any compensation requirements shall be consistent with RCW 35.21.860 to the extent RCW 35.21.860 is in effect and applicable. Where not prohibited by applicable law. each franchise granted pursuant to this title is subject to the city's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the right to occupy and use the rights -of -way inside the city jurisdictional boundaries. 18.60.525 Recovery of City's Expenses Directly Related to Receiving and Approving an Application and Franchise A. Objective. An objective of this chapter is to ensure the city's current and ongoing expenses incurred from granting and regulating access to and use of the public right-of-way are recovered from those seeking that access to the extent the city may recover its expenses under law. To that end, fees shall be charged as set in ECDC 15.00.020. B. Franchise Application and Renewal Application Processing Fee. A nonrefundable application processing fee shall be charged for each franchise application and renewal application accepted for processing. The application processing fee shall be required to be paid at the time the application is submitted and shall be required as part of a complete application, and it shall be commensurate with a conservative estimation of the actual administrative expenses of the city staff and city attorney in processing the application. C. Excess Review Expenses. Because the time that may be necessary to negotiate and approve a franchise is not wholly within the control of the city, it can be difficult to predict the amount of time that may be needed by staff or the city attorney to process an application. If the city's actual administrative expenses incurred exceed the conservative estimation of administrative expenses, then the difference may be billed to the applicant. The city may bill excess review expenses after passage or monthly, and monthly bills shall be paid within thirty (30) days of receiving a bill. Consultant expenses deemed necessary by the Director to review and approve an application shall be billed to and paid by the franchise applicant. By way of example and not limitation, consultants may include legal consultants, technical consultants, or appraisers for assisting the city in determining the fair charge for use of the public right of way in those circumstances where the city may charge for such use. 19 18.60.526 Change of Business Name. Each public utility granted a franchise shall notify the Director of any change in business name within fourteen calendar days of any such change. 18.60.530 Unconditional Written Acceptance Required to Accept a Franchise In order to accept a franchise, the public utility must file with the city clerk, within sixty (60) days after the passage and approval by the city council, an unconditional written acceptance thereof in a form provided by or otherwise deemed acceptable by the city attorney. Failure to so accept a franchise within said period shall be deemed a rejection thereof, and the rights and privileges as may therein be granted shall, after the expiration of the sixty (60) day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Continuing to use city right-of-way without some other source of authority to do so after the rejection or deemed rejection of a franchise for that purpose constitutes a use of city right-of-way without the city's consent. 18.60.531 Procedure for Resolving Impasses in Negotiation If the public utility applicant and the city administration have not reached an agreement on proposed franchise terms by April 30, 2027, then the matter shall be taken to mediation within sixty (60) days unless the parties agree to a different timeframe. The public utility may select any mediator from a commonly used mediation service in the state of Washington. The public utility shall be responsible for coordinating with the city to schedule the mediation. All costs of mediation are an administrative expense to be paid by the public utility. Following mediation, a proposed franchise will be brought to council. Upon consideration of the proposal, the council may approve, approve with amendments, reject, or direct the city attorney to return with a revised proposal. Council will ultimately identify a franchise containing the terms, conditions, and limitations under which it is willing to grant a franchise and offer it to the public utility. If the public utility does not accept the franchise offered, at the public utility's request and expense the city will continue negotiating the outstanding term(s) as long as the public utility has paid all of the city's administrative expenses incurred to date and remains current with the city's monthly reimbursement requests. At the public utility's request and expense, the city shall attend a subsequent mediation with the public utility to try and resolve any remaining impasse. Notwithstanding any continued negotiations, if the public utility continues to occupy the right- of-way without a franchise after October 15, 2027, and without an extension having been granted by the Director pursuant to Section 18.60.512, then it will be subject to the enforcement provisions of 18.60.532. 18.60.532 Unlawful Use of Right -of -Way —Enforcement Use of city right-of-way without the city's consent after October 15, 2027, or any extended date having been granted by the Director under ECDC 18.60.512, is unlawful and a civil violation subject to the enforcement provisions of this chapter. Consent may only be demonstrated through a current franchise that has been timely accepted by the public utility or a valid statewide grant according to the process established in ECDC 18.60.540(c), or other valid and enforceable source of authority to occupy the right-of-way. The penalty for violation of this section is $1,000. Each day the public utility uses city right-of-way without consent is a separate violation. A second and subsequent notices of violation may issue daily. In addition to or in lieu of monetary 20 penalties, the city may seek any applicable remedy under section ECDC 18.60.055 or any other legal or equitable remedy. II. PROVISIONS APPLICABLE TO SERVICE PROVIDERS 18.60.540 Authorizations Applicable to Service Providers —Application Required — Procedures A. Master permit required. Any service provider must have a current master permit to use city right-of-way for telecommunications purposes except as provided in subsections (b) and (c) of this section. B. Cable television provider requirements. Any service provider showing that it has a cable franchise from the city pursuant to Chapter 4.68 ECC need not obtain a master permit pursuant to this chapter for its use of the right-of-way for cable service or telecommunications service, consistent with 47 U.S.C. 541. It must obtain a master permit pursuant to this chapter if it uses the right-of-way for any purpose other than cable service without having a valid and enforceable cable franchise. C. Statewide grant claims and procedure. The city hereby requests but does not require that a service provider with an existing statewide grant to occupy the right-of-way obtain a master permit for wireline facilities. Any service provider currently occupying city right-of-way without a current master permit and claiming a statewide grant shall, in accordance with the requirements of (d) below, file with the city a non -frivolous claim that it has an existing state-wide grant to occupy public right-of-way without city consent which shall include tracing its rights from the current rights holder to the original grantee (Documentation.) Upon receipt of Documentation, the requirement for obtaining a master permit shall be suspended until such time as the city council may determine that it disputes the claimed statewide grant and that the best interests of the city will be served by terminating the suspension of the requirement to obtain a master permit. Suspension does not relieve the service provider from the requirement to obtain a right-of-way construction permit prior to performing work in the right of way, nor does it relieve the service provider of compliance with all other applicable laws. As a condition of suspension, the city asserts its right to require the service provider to execute an indemnification agreement as a condition of said service provider's use of city right-of-way pursuant to RCW 35.99.030(7), supported by proof of insurance coverage. If the city attorney and said service provider are unable to reach agreement on the recommended terms of an indemnity agreement within sixty (60) days of the date of receipt of Documentation, then said service provider may submit its proposed indemnity agreement form to the council president directly and request the provider's proposed indemnity agreement be added to a forthcoming city council agenda for consideration. The final decision on any proposed indemnity agreement shall be subject to the legislative discretion of the city council. Within sixty (60) days after the passage and approval of an indemnity agreement by the city council, the service provider shall file an unconditional written acceptance in accordance with 18.60.530. Failure to so file is a use of city right-of-way without the city's consent and subject to the enforcement provisions of this chapter. 21 D. Deadline to file application. Any service provider using city right-of-way without a franchise or with an expired franchise that is no longer valid and enforceable under federal law must submit either an application for a master permit, an application for renewal of a master permit, or Documentation, as applicable, within sixty (60) calendar days from and after the effective date of this ordinance. Any failure to file within such timeframe an application or Documentation as applicable while continuing to use city right-of-way is a use of city right- of-way without the city's consent and subject to enforcement provisions of this chapter. E. Incomplete Application Procedure. If a service provider files an incomplete application, it shall thereafter file a complete application with the city within thirty (30) calendar days of receipt of notice from the city it has filed an incomplete application identifying the areas of incompletion. 18.60.545 Master Permit Application - Contents In addition to the requirements under any other applicable city code, applications for master permits shall include the published application fee and contain such other information as the Director may designate. 18.60.550 Master Permit Renewal Application Master permit renewal applications shall include the published application fee and contain such other information as the Director may designate. If a master permit grantee desires to be granted a renewed master permit for an additional term it shall, not more than three hundred sixty-five (365) calendar days and not less than one hundred fifty (150) calendar days before expiration of the current master permit, submit a complete application in electronic format in the manner and form specified by the Director. No master permit shall be renewed until any ongoing violations or defaults in the grantee's performance under the master permit, the requirements of Chapter 20.50 ECDC, the Edmonds Municipal Code or Community and Development Code, as applicable, and any applicable regulations with respect to use and management of the rights -of -way have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the city. The parties may agree to extend the timeline for getting a renewed master permit in place if the grantee is making a good faith effort to complete any approved corrective action in a timely manner. 18.60.552 Procedure for Submitting and Processing Applications This section states a formal process for the consideration of requests for master permits. A. Application submission. Applications for master permits shall be submitted in electronic format in the manner specified by the Director. B. Notice of complete application. Upon receipt of an application, the city's administering officer shall review and provide the applicant a written determination of whether the application is complete, and, if the application is not complete, what must be submitted by the applicant in order for the application to become complete. 22 C. City and applicant may negotiate terms. Upon receipt of a complete application and payment of required application processing fee, the city attorney and the service provider or its authorized agent may negotiate the terms of a master permit applicant until they have agreed on terms that can be recommended to the city council for final approval. D. Timeline to provide a recommendation to council. After receiving a complete application and within a timeline that is in accordance with the applicable federal and state laws. normally 120 calendar days after receiving a complete application and the application fee„ the city attorney or the city's administering officer shall forward the agreed proposed master permit to the city council. The timeline may be extended as provided by law. The city shall act on the application as provided by law. 18.60.555 Considerations of Council in Evaluating Whether to Grant a Master Permit In evaluating whether to grant a master permit, council may consider the following criteria: A. Whether all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies have been obtained by the applicant; B. The capacity of the public right-of-way to accommodate additional utility facilities if the master permit is granted; C. The effect, if any, on public health, safety and welfare if the master permit is granted; D. The availability of reasonable alternate routes and/or locations in the right-of-way for the proposed facilities; E. Whether denial of the use of the right-of-way would materially inhibit or limit the ability of the service provider to compete in a fair and balanced regulatory environment; F. Applicable federal, state, and local statutes, regulations, ordinances, and policies related to utility, wireless telecommunications, and other facilities, including city construction standards; and G. Such other factors as may demonstrate that the grant to use the public right-of-way will serve the community interest. 18.60.560 Decision and Appeal The final decision on any proposed master permit shall be subject to legislative discretion of the city council, and the ordinance authorizing the master permit must be approved by a majority of the full council. Any denial of a proposed master permit must be supported by substantial evidence contained in a written record. A service provider adversely affected by any final action denying a master permit may appeal as provided under state law. Any fines imposed may be appealed in the same manner as any other notice of violation may be appealed. Upon timely appeal of any adverse final action denying a master permit, the city clerk may certify the record and deliver the same to the court where filed: however, the city clerk may require a deposit of funds by the appealing party in an amount estimated necessary to prepare the record as a 23 condition of certifying the record. Any expenses above the city -prepared estimate shall be paid by the service provider; conversely, any funds paid by the service provider in excess of expenses shall be refunded by the city to the service provider. 18.60.562 Authority Granted by Master Permit A. The issuance of a master permit does not relieve the applicant from obtaining any other legal authority that may be necessary for its use of the right-of-way, by way of example and not limitation, right-of-way construction permits. B. Use of city property other than the right-of-way, including any use of the city's poles, conduit, or other personal property located in the right-of-way is subject to separate approval whether in the form of a license or other agreement from the city. The Director is authorized to negotiate and execute said approvals, subject to approval of the city attorney; Leasing of city real property owned in its proprietary capacity is not governed by this section. C. A master permit shall apply either to wireline or to wireless use of the right-of-way for the provision of telecommunications services, but not both. If an owner wishes to install both sorts of facilities, it must obtain separate master permits. The master permit shall expressly state whether applicable to wireless use of the right-of-way. Additional requirements relating to wireless master permits may be found in chapter 20.50 ECDC, including separate master permits for small wireless and macro facilities, and this section is intended to be, and shall be read consistent with, chapter 20.50 ECDC. D. Master permit terms shall not exceed five years E. Master permits shall require the city to be indemnified by the provider and that indemnification shall be supported by insurance that names the city as an additional insured. F. No master permit granted under this chapter shall confer any property right in a fixed location. III. PROVISIONS APPLICABLE TO PUBLIC UTILITIES OTHER THAN SERVICE PROVIDERS 18.60.570 Authorizations Applicable to public utilities other than service providers — Application required -procedures A. Franchise Grants. Any consent to use city right-of-way will be granted in the form of a current franchise agreement approved by the city council and subject to full execution by the parties in accordance with this code. To obtain consent, the first step is to apply for a franchise. B. Deadline to file application. Any public utility using city right-of-way without a franchise or with an expired franchise must submit an application for a franchise within sixty (60) calendar days from and after the effective date of this ordinance. Any failure to file an application as provided in this chapter while continuing to use city right-of-way is a use of 24 city right-of-way without the city's consent and subject to the enforcement provisions of this chapter. C. Incomplete Application Procedure. If public utility files an incomplete application, it shall thereafter file a complete application with the city within thirty (30) calendar days of receipt of notice from the city it has filed an incomplete application identifying the areas of incompletion. 18.60.575 Franchise Application - contents In addition to the requirements under any other applicable city code, applications for franchises shall include the published application fee and contain such other information as the Director may designate. 18.60.580 Renewal Application Franchise renewal applications shall include the published application fee and contain such other information as the Director may designate. If a public utility is granted a franchise after the effective date of this ordinance and thereafter desires to renew its franchise for an additional term, then it shall, not more than three hundred sixty-five (365) days and not less than one hundred fifty (150) days before expiration of said franchise, submit a complete application in electronic format in the manner and form specified by the Director. No franchise shall be renewed until any ongoing violations or defaults in the franchise grantee's performance under the franchise, the Edmonds Municipal Code or Community and Development Code, as applicable, and any applicable regulations with respect to use and management of the rights -of -way have been cured, or a plan detailing the corrective action to be taken by the franchise grantee has been approved by the city. The parties may agree to extend the timeline for getting a renewed master permit in place if the franchise grantee is making a good faith effort to complete any approved corrective action in a timely manner. 18.60.582 Procedure for Processing Applications This section states a formal process for the consideration of requests for franchises. A. Application submission. Applications for franchises shall be submitted in electronic format in the manner specified by the Director. B. Notice of complete application. Upon receipt of an application, the city's administering officer shall review and provide the applicant a written determination of whether the application is complete, and, if the application is not complete, what must be submitted by the applicant in order for the application to become complete. C. City and applicant may negotiate terms. Upon receipt of a complete application and payment of required application processing fee, the city attorney and the public utility or its authorized agent may negotiate the terms of a franchise until they have agreed on terms that can be recommended to the city council for final approval. 25 D. Timeline to provide a recommendation to council. After receiving a complete application and payment of the required application processing fee, and before October 15, 2027, the city attorney or the city's administering officer shall forward the agreed franchise to the city council. The October 15, 2027, date may be extended by the Director consistent with the authority granted to the Director in ECDC 18.60.512. if the city attorney and the applicant have been unable to reach agreement on terms the city administration can recommend to council by April 30, 2027, the procedure of ECDC 18.60.531 shall apply. 18.60.585 Considerations of Council in Evaluating Whether to Grant a Franchise In evaluating whether to grant a franchise, council may consider the following criteria: A. Whether all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies have been obtained by the applicant; B. The capacity of the public right-of-way to accommodate additional utility facilities if the franchise is granted; C. The effect, if any, on public health, safety and welfare if the franchise is granted; D. The availability of reasonable alternate routes and/or locations in the right-of-way for the proposed facilities; E. Applicable federal, state, and local statutes, regulations, ordinances, and policies related to utility facilities, including city construction standards; and F. Such other factors as may demonstrate that the grant to use the public right-of-way will serve the community interest. 18.60.590 Decision and Appeal The final decision on any proposed franchise shall be subject to legislative discretion of the city council, and the ordinance authorizing the franchise must be approved by a majority of the full council. To the extent authorized under state law, a public utility adversely affected by any final action denying a franchise may appeal. Any fines imposed may be appealed in the same manner as any other notice of violation may be appealed. Upon timely appeal, the city clerk may certify the record and deliver the same to the court where filed; however, the city clerk may require a deposit of funds by the appealing party in an amount estimated necessary to prepare the record as a condition of certifying the record. Any expenses above the city -prepared estimate shall be paid by the public utility; conversely, any funds paid by the public utility in excess of expenses shall be refunded by the city to the public utility. 18.60.592 Authority Granted by Franchise A. The issuance of a franchise does not relieve the public utility from obtaining any other legal authority that may be necessary for its use of the right-of-way, by way of example and not limitation, right of way construction permits. 26 B. Use of city property other than the right-of-way, including any use of the city's poles, conduit, or other personal property located in the right-of-way is subject to separate approval, whether a license or other form of agreement, from the city. The Director is authorized to negotiate and execute said approvals, subject to approval of the city attorney; Leasing of city real property owned in its proprietary capacity is not governed by this section. C. Franchises shall require the city to be indemnified by the public utility and that indemnification shall be supported by insurance that names the city as an additional insured. D. No franchise granted under this chapter shall confer any property right in a fixed location. 18.60.600 UTILITY WIRES, POLES, AND OTHER FACILITIES 18.60.610 Applicability 18.60.615 Existing city franchises not affected 18.60.620 Responsibility for expenses 18.60.625 Placement and location of facilities 18.60.626 Abandoned facilities 18.60.630 Underground installation requirements 18.60.645 New and replacement power poles 18.60.650 Pole and facility installation requirements 18.60.660 Use of poles for small wireless facilities and private communication facilities 18.60.665 Pole replacement and removal --coordination of facilities transfers from pole to pole or from pole to resulting underground installation 18.60.675 Joint use of excavation and trenching 18.60.685 Additional ducts or conduit —city may require 18.60.692 Notice of tariff changes 18.60.695 Variances 18.60.610 Applicability The provisions of l 8.60.600 apply to work performed by public utilities and contractors within the right-of-way and work performed outside the right-of-way related to providing utility service to individual lots. Chapter 20.50 ECDC addresses wireless communication facilities, and to the extent of any conflict between the provisions of 18.60.600 and Chapter 20.50 ECDC, the latter controls. 18.60.615 Existing City Franchises Not Affected The provisions of 18.60.600 do not and shall not be interpreted to extinguish any right enjoyed by or duty imposed upon any party to a current franchise or a cable franchise valid and enforceable under federal law. To the extent the provision of any current franchise with a public utility or a cable franchise valid and enforceable under federal law may conflict with any provision of this subchapter, the applicable provision of the franchise shall control. 27 18.60.620 Responsibility for expenses Except as expressly provided otherwise in this code or applicable tariff, state, or federal law, or current franchise, any act required to be performed by a public utility or contractor under this chapter shall be performed at the cost of the public utility or contractor. If a public utility believes it is entitled to reimbursement from the city under RCW 35.99.060, it shall make application to the Director explaining the basis therefor and provide documentation or information the Director may determine necessary or useful to their evaluation. The Director may make exception to the requirement to convert aerial facilities to underground on a case -by - case basis based on financial considerations relevant to the city. 18.60.625 Placement and location of facilities Public utilities and contractors shall follow the requirements for placement of facilities in the public right-of-way as set forth in this Chapter and as further may be established by the Director. Facilities shall be installed within the right-of-way in such a manner and at such points so as not to inconvenience the public use of the right-of-way or to adversely affect the public health, safety, and welfare. To this end, the city may require that facilities be installed at a particular time or at a particular place and in compliance with city code as a condition of access to a particular right-of-way segment; and may deny access if a public utility is not willing to comply with the city's requirements. 18.60.626 Abandoned facilities Facilities for which operations have been discontinued or are no longer in use for the purpose for which they were authorized to be placed in the right-of-way may not be abandoned in the right- of-way unless the Director shall provide consent in writing after receiving a written request. Consent may be given or withheld in the sole discretion of the Director. The Director may require any information be provided that the Director deems necessary or useful to make a decision on the request and may require terms as a condition to any city consent to abandonment. This section and chapter do not change the status of existing unauthorized abandoned facilities in city right-of-way on the effective date of this ordinance. 18.60.630 Underground installation requirements Underground installation can occur at the time a facility is initially placed or at the time an existing facility is relocated. This section addresses the requirements governing underground initial placements and aerial to underground relocation (conversions) in the right-of-way; this section further addresses private utility service installations. Exempted facilities are specified. A. Exempted Facilities The following are exempt from the underground installation requirements of ECDC 18.60.630 but may be subject to city design standards and other requirements of this code: 1. Antennas or other facilities that are required to remain above ground to be functional, including but not limited to qualifying wireless antennas, streetlights, and traffic signals; 2. Electric utility facilities that are substations, pad mounted transformers and switching facilities; and 3. Electrical utility facilities of more than 55 kilovolts. 28 B. Initial placements 1. In any area of the city where no poles exist supporting cables, wires, or other lines whether for power or communications facilities, there shall be no new poles placed. In those areas, initial placement of facilities shall be underground. 2. In any area of the city where poles do exist and support existing aerial power but not existing aerial communications (cable or telecommunications) facilities, then the initial placement of communications facilities shall be underground. C. Aerial to underground relocation of existing facilities (conversions) 1. Whenever the electric utility removes its pole(s) and converts to underground, all public utilities with facilities attached to the pole, including any affected joint pole owner, shall underground concurrently. 2. If any utility performs a trenching project that is a length more than 250 feet in the right- of-way, then facilities in the affected area shall be afforded the opportunity to convert to underground in accordance with ECDC 18.60.675. 3. If a developer or other applicant is unable to obtain any necessary certificate or approval from any entity with jurisdiction over applicable safety regulations, then frontage improvements shall include conversion of aerial to underground facilities. To the extent RCW 35.99.060 is applicable, it governs reimbursement of costs to service providers. 4. The city reserves the right to require underground installation or conversion of facilities as part of any public improvement project approved by ordinance. D. Utility Service Facilities Installations 1. Private Utility Service Initial installation. Private utility service installed after the effective date of this ordinance shall be underground whether the structure provided service is on a vacant or developed lot. 2. Private Utility Service Conversion. Existing aerial private utility service shall be converted to underground when any of the following occur: a. An existing structure is removed and replaced. b. Improvements to any structure(s) on any lot (e.g., additions, alterations or repairs) exceed 50 percent of its value in a twelve-month period. c. An aerial private utility service is replaced or relocated and it connects to underground common utilities. 3. Common Utilities. Common utilities shall be installed underground when they are built or extended to serve a new multi -family or commercial structure or subdivision development when the associated private utility service is required to be installed underground. 18.60.645 New and replacement poles The placement of all poles shall comply with all applicable laws and regulations, and city standards, including, but not limited to, city clear zone policy, ECDC 18.60.630 and 18.60.650. A. New poles. New poles are additional poles in the right of way that are not intended to replace and do not replace an existing pole. In any area of the city where there are no existing poles supporting cables, wires, or other lines, whether for power or communications facilities, there shall be no new poles placed, except as may be exempted under 18.60.630A. M In all other areas, no new poles shall be allowed in the public right-of-way unless a variance is granted pursuant to 18.60.695. B. Replacement poles. Replacement poles are poles that are installed in conjunction with the removal of an existing pole. It is unlawful to replace a pole without removing the corresponding existing pole. l . Power poles. Replacement of power poles may be permitted if in compliance with all applicable laws and regulations, and city standards, including, but not limited to, city clear zone policy, ECDC 18.60.630 and 18.60.650. 2. Communications only poles. a. Power poles exist on the same street. Where power poles exist on the same street and within the same block, even if on the opposite side of the street, communication only poles shall not be replaced and facilities shall be placed instead on existing power poles if the following criteria can be met: i. Any overhead street crossings to existing poles can occur at the nearest intersections to avoid any mid -block pole -to -pole overhead crossings. ii. Overhead service drops are feasible without placement of new poles b. Power poles do not exist on the same street. Where power poles do not exist on the same street and within the same block, or where the communication lines cannot feasibly be located on existing power poles pursuant to the criteria in subsection a, above, communication only poles may be replaced if in compliance with all applicable laws and regulations, and city standards, including, but not limited to, city clear zone policy, ECDC 18.60.630 and 18.60.650. 18.60.650 Pole and facility installation requirements Poles and facilities shall be installed so as to minimize clutter while complying with all applicable ordinances, construction codes, regulations and safety standards. A. Phased -in pole requirements: 1. Hollow -core standard. All new or replacement poles shall have a hollow core or otherwise meet the intent of this hollow core standard. A hollow core pole is one with a full-length raceway that is large enough to allow for the required spacing, barriers, and/or conduits to separate electrical supply lines (where present) and communications cables that would share the cavity. The intent of this standard is to eliminate the visual clutter associated with conduit risers that are external to the pole. For example, a solid wood pole (e.g., glue -lam) with a flush, visually indistinguishable full-length raceway would meet the intent of this standard even though the pole itself is not hollow. 2. Height. Pole height shall be no taller than necessary to accommodate the facilities of the owner and any attachers while complying with applicable laws, including separation and other requirements and safety standards. 3. Application for approval of hollow -core standard pole design. The application process herein provides an opportunity for pole owners to present the city with one or more pole design options that meet the intent of subsection 1. above. Because the urban design impact and other impacts of the hollow -core standard cannot be fully understood until a pole design has been proposed by the pole owner, the city council intends to review and 30 approve that design before installation would be required according to the compliance schedule below. 4. Application materials. Pole owner shall submit the following application materials: a. An application fee deposit. The fee deposit shall be an amount to compensate the city for staff and consultant time in analyzing the application. If the city's fee schedule does not expressly identify a fee deposit for this application, the default fee deposit shall be $10,000. Any unused portion shall be returned to applicant, and any reasonable overage charged to applicant. b. Specifications, illustrations, photographs, and cost (including installation cost) of all poles proposed for review and approval. c. Specifications, illustrations, photographs, and cost (including installation cost) of any poles that were considered but eliminated by the applicant along with an explanation as to why the pole was eliminated. d. Visual simulation showing the proposed poles in at least three different locations of the city. e. Color palates available for each pole being proposed. f. If the change from traditional poles to hollow -core poles would be likely to impact utility rates, an analysis of the extent to which rates would be impacted, along with supporting documentation. g. If a pole is manufactured in various heights, then dimensions of each version. h. Any additional information as required by the Director or City Council to properly review the proposal. 5. Council consideration of design proposal and effect of approval. Once approved, that pole design may be installed on a city-wide basis, unless specific streets are excepted for special context dependent treatment, such as downtown district, highway 99, or other areas of the city. Due to the then current cost environment or other considerations, council may decide to delay immediate approval and take up consideration again at a period determined by council. 6. Compliance periods - schedule. a. Power poles. All new or replacement power poles shall meet the hollow -core standard upon the later of January 1, 2031, or two years after the city council's approval of the hollow -core pole design. No later than January 1, 2029, power pole owners in the right-of-way shall submit to the city, a proposed pole design application that meets the requirements of this section. b. Communication -only poles. All new or replacement communication -only poles shall meet the hollow -core standard upon the later of July 1, 2028, or two years after the city council's approval of the hollow -core pole design. No later than July 1, 2027, communication -only pole owners in the right-of-way shall submit to the city, a proposed pole design application that meets the requirements of this section. C. Missing the application dates herein shall constitute a violation of this chapter subject to the enforcement provisions of 18.60.055 unless the deadline is extended pursuant to subsection 7. below. 7. Extending the compliance periods in subsection 6. Pole owners can apply for an extension of the compliance periods in subsection 6 by submitting a request for extension to the Director. The request shall contain the following: 31 a. The requested length of the extension; b. The basis for the extension; c. A detailed report of each pole product that has been evaluated by the pole owner for possible compliance with this section and any safety concerns that are left unresolved by those products, complete with specific citations to the NESC, ANSI, ASTM or other relevant standard that applies to that concern; d. A deposit of $20,000 to be used to reimburse the city for staff and consultant time necessary to evaluate the request. If the city's fee schedule does not expressly identify a deposit for the extension application, the default fee deposit shall be $20,000. 8. Extension decision. The Director's decision shall be based upon whether the applicant has made a good -faith effort to comply with the deadline and whether it unreasonably eliminated poles that are compliant with the hollow -core standard and available at the time of the application. 9. Appeal. The Director's decision on the extension shall be appealable to the hearing examiner. B. Standards for Minimizing Clutter Associated with Overhead Facilities 1. Communications and Power Facilities. Owners shall install, maintain, and remove their overhead facilities so that: a. All facilities installations meet the National Electrical Safety Code (NESC) and these local standards. To the extent of any conflict with NESC, NESC shall control. b. All facilities shall be installed and maintained in accordance with good engineering practices and be of sufficient height to comply with all federal, state, and local regulations and laws. 2. Installation Standards for Wires, Cables and Related Components Applicable to Communications Facilities a. Alignment in the communications space i. All communications cables shall be lashed continuously to a supporting messenger or self-supporting cable so the resulting bundle forms a secure "cable line." Horizontal deviation from the messenger shall not exceed three (3) inches at any point along the span. ii. Lashing shall use stainless -steel, dielectric lashing wire, or approved equal applied at intervals sufficient to maintain a secure cable line bundle. b. Slack, cable storage, and general installation i. No unsecured conductors or stray drop wires may exist. ii. All storage loops must be no larger than eighteen (18) inches in diameter and fully secured or placed within a snowshoe and appropriately tagged. iii. Slack -storage devices shall not exceed twelve (12) inches radial projection from the messenger or pole face. iv. No more than two (2) slack -storage devices per utility per span. c. Splice and Terminal Enclosures i. Splice closures shall be mounted so that their longest axis is parallel to the cable. ii. Closures shall not project more than 10 in. below the cable line. 32 iii. All closures shall bear a durable label showing owner name and a 24-hour contact number. 3. Vertical Riser -Conduit Standards Applicable to Power and Communications Facilities a. Color/finish. Conduit shall be colored or painted to match the color of the surface of the pole and use a non -reflective matte finish. b. Separation from pole --standoff clearance. A minimum two (2) inch air gap shall be maintained between conduit and pole face. c. Vertical alignment. Conduit shall be vertical and parallel to the pole. d. Bundling. All conduit associated with a pole shall be tightly bundled together. e. Minimum number necessary. The minimum number of conduit necessary to allow the utility to provide its service shall be utilized. f. Existing vertical riser -conduit installations. Existing installations that are out of compliance with the vertical riser -conduit standards of this section are permitted to remain until the pole is replaced or relocated or the entire conduit bundle is replaced; PROVIDED THAT the installation is in compliance with all applicable safety laws and regulations. C. Compliance with all applicable laws, regulations and standards is required of all public utilities. 1. General Responsibility. Each public utility in city right of way shall at all times and at its sole responsibility and expense, comply with all applicable laws, construction codes, regulations, and standards relating to construction in the right-of-way, including installation, maintenance, repair and/or removal of its facilities. The facilities shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. 2. Verification and Periodic Inspections. As an exercise of its police powers in the interest of the public health, safety, and welfare, and to the extent not preempted by state or federal law, the city may require verification of compliance with the above general responsibility at the public utility's expense. Additionally, the city may, but shall have no obligation to, conduct periodic inspections which may include hiring consultants at the expense of the public utility where the city does not have the relevant technical expertise, and the public utility shall cooperate with any such inspections and provide all information requested by the city as it may reasonably determine is necessary as part of its inspection. The verification and inspections of this section are independent of the inspection authority of ECDC 18.00.030 and may be required or conducted after permit issuance and close out on a periodic basis as determined by the Director. Any work performed without a permit shall also be subject to these standards and shall be required to obtain a permit for that work retroactively. 3. Correction. Any work determined to be out of compliance shall be subject to enforcement. Correction shall be performed at the expense of the public utility or permittee. 18.60.660 Use of power poles for small wireless facilities or private communications facility purposes. ECDC 20.50.130 addresses small wireless facility standards and states a location preference hierarchy which includes top of pole installation. Pole owners shall not (i) prohibit the 33 installation of small wireless facilities on top of the pole or otherwise frustrate the location preference hierarchy, or (ii) prohibit the installation of private communications facilities on poles. Exception shall be made to the extent any particular installation would violate other applicable state or federal law or National Electrical Safety Code requirement upon a satisfactory showing made by the pole owner to the Director. Nothing in this section prevents the pole owner from enacting its own lawful regulations, requirements, and fee structures regarding access to and placement on its poles. 18.60.665 Pole replacement or removal ---coordination of facilities transfers from pole to pole or from pole to resulting underground installation Pole owners seeking to replace a pole or remove a pole without replacing it in the right-of-way ("Owner"), and the affected public utilities with facilities attached to the pole ("Attachers"), are subject to the following requirements. The Attachers includes, as applicable, a joint pole owner. A. Owner right-of-way construction permit requirements 1. Application Content When applying for a permit to replace or remove a pole, in addition to the content requirements of ECDC 18.00.000 and 18.60.100, the Owner shall include: a. Vicinity map. A vicinity map showing the location of pole(s) to be replaced/removed and the new location(s), as applicable. b. List of the Attachers. A complete list of the affected public utilities. c. Proof of notices to the Attachers. i. 30-day notice of pole replacement: Proof that each of the Attachers was notified of the Owner's intent to replace the pole at least thirty (30) days prior to the date the application is submitted to the city; OR ii. 90-day notice of pole removal without replacement: Proof that each of the Attachers was notified of the Owner's intent to remove the pole at least ninety (90) days prior to the date the application is submitted to the city; AND iii. Date of filing notice. Proof that the Owner has notified all Attachers of the date it fled its right-of-way construction permit with the city. Owner shall provide the proof of notification to the city within three (3) business days of the date it filed the application. Late certifications are subject to a fine of fifty dollars ($50) per day; AND iv. ECDC 18.60.665 notice. The application shall contain a statement that each of the Attachers was notified that ECDC 18.60.665 addresses permit application and facilities transfer and removal deadlines applicable to each of the Attachers. Failure to submit any of the above requirements is grounds for rejection of the application. If the application is rejected, the Owner may submit a new application. 2. Permit Conditions In addition to required conditions of approval applicable to all right-of-way construction permits, a permit shall contain the following additional conditions: a. Timeline to remove the preexisting pole. The preexisting pole shall be removed within thirty (30) days of the date all the Attachers have removed their facilities from the pole. It is the Owner's responsibility to monitor the status of removal of both the attachments and the pole. 34 b. Pole removal and site restoration. A right-of-way construction permit issued to replace or remove a pole shall include restoration requirements. Ultimate responsibility for restoration rests with the Owner that was issued a permit to replace or remove the pole. The Owner shall request a final inspection from the city when the preexisting pole is removed and the site is restored. Failure to notify the City could result in additional inspection fees or enforcement action. B. Attacher right-of-way construction permit requirements. 1. Application Timeline Each of the Attachers affected by the Owner's right-of-way construction permit application under subsection A shall submit its own right-of-way construction permit application to the city to transfer or remove its facilities: a. For pole replacements: Within thirty (30) days of the date the Attacher received notice that Owner filed its application with the city to replace the pole. b. For pole removals: Within sixty (60) days of the date the Attacher received notice that Owner filed its' application to the city to remove the pole. 2. Permit Conditions In addition to required conditions of approval applicable to all right-of-way construction permits, a permit shall contain the following additional conditions: a. Timeline to transfer Facilities. When a pole is replaced, each permitted Attacher shall have its Facilities transferred from the preexisting pole to the replacement pole within sixty (60) days of the date the replacement pole is set or the permit to transfer facilities is issued, whichever is later. If the sixty-day timeline to transfer facilities cannot be achieved due to delay of the above Attacher, then the affected Attacher(s) must transfer within thirty (30) calendar days of the date the above Attacher removed itself from the pole. Attachers are encouraged to coordinate and utilize the same contractor at the same time to achieve the transfer in a timely and cost-effective manner. b. Timeline to remove Facilities and underground. When a pole is removed, the associated underground installation shall be completed within one hundred eighty (180) days of the date the permit to remove Facilities and perform underground construction is issued. 18.60.675 Joint use of excavation and trenching In order to minimize the number of street cuts and preserve the integrity of the streets, any public utility conducting trench work in public right-of-way for a distance more than 250 feet shall afford other public utilities lawfully occupying the public right-of-way and the city the opportunity to share in the use of the excavation and trenches. Work shall be publicized as the city may direct, and/or the city may publicize upcoming work. All public utilities are encouraged to utilize the open trench and may make written request directly to the excavating public utility, with copy to the city engineering department, to share use of the excavation. A written request to share use of the excavation may not be unreasonably denied. Legitimate safety reasons or an unreasonably long delay of the work of the party causing the excavation to be made are reasonable basis for denial. If there is disagreement about whether a delay is unreasonably long, the Director shall make the final decision in his sole reasonable discretion. Any public utility sharing the joint trench may be required to pay a proportionate share of the cost of the 35 excavation. and the involved parties shall cooperate with one another in good faith to reach agreement as to the particulars of the arrangement of the joint use. 18.60.685 Additional ducts or conduits —City may require This section is intended to comply with the requirements of RCW 35.99.070. If RCW 35.99.070 is amended, the terms of this section likewise shall be amended to conform. A service provider that is constructing, relocating, or placing ducts or underground conduit in the public right-of-way shall provide the city with, upon request, additional duct or conduit and related structures necessary to access the conduit for the city's use. Such additional ducts or conduit requested by city for city's use shall be of a size and configuration specified by the city and be dedicated to the city. The city has the right to use the ducts and conduits for any purpose, including but not limited to leasing them to other entities, provided that: A. The city enters into a contract with the public utility providing the conduit consistent with RCW 80.36.150. The city agrees the incremental costs incurred by the service provider to provide the city with duct or conduit and related structures under this section will be borne by the city. If the city makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall recover at least the fully allocated costs of the service provider. The service provider shall state both contract rates in the contract. The city shall inform the service provider of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the city. B. Except as otherwise agreed by the public utility and the city, the city shall agree that the requested additional duct or conduit space and related access structures will not be used by the city to provide telecommunications or cable television service for hire, sale, or resale to the general public. C. The city shall not require that the additional duct or conduit space be connected to the access structures and vaults of the service provider. D. The value of the additional duct or conduit requested by a city shall not be considered a public works construction contract. E. This section shall not affect the provision of an institutional network by a cable television provider under federal law. 18.60.692 Notice of tariff changes Any public utility making application for any changes in tariffs affecting the provisions of 18.60.600 or any permit or approval issued hereunder shall notify the city in writing of the application at the time it submits the application and shall further provide the council with a copy of any approved tariff change affecting any said provision, permit or approval. 36 18.60.695 Variances A. Regulatory variance. If any requirement of ECDC 18.60.600 Utility Wires, Poles, and other Facilities does not allow the public utility to comply with the NESC or other applicable, binding and controlling safety or other regulation, the public utility may apply to the Director for a variance. Procedural requirements are not subject to variance. The Director may approve a variance upon making the following findings: I . There exists such an applicable binding and controlling safety or other regulation that can be complied with only if a variance is granted; and 2. The granting of a variance is consistent with the purpose and objectives of Chapter 18.60; and 3. The variance granted is the minimum variance necessary to allow compliance with the applicable regulation. B. Technological impracticability variance. If any requirement of ECDC 18.60.600 Utility Wires, Poles, and other Facilities presents a technological impracticability, the public utility may apply to the Director for a variance. Procedural requirements are not subject to variance. The Director may approve a variance upon making the following findings: l . There exists a technological impracticability in meeting a requirement of ECDC 18.60.600 making performance extremely burdensome or impossible; or 2. The cost of compliance with the code section is excessive in light of the benefits derived and outweighs the benefits to be gained by the public; and 3. The granting of a variance is consistent with the purpose and objectives of Chapter 18.60 ECDC; and 4. The variance granted is the minimum variance necessary to relieve the technological impracticability. C. Underground variance. The public utility may apply to the Director for a variance from the underground requirements of this ECDC 18.60.600 if it has a claim of technological impracticability. If an application is made, the Director shall apply the test of subsection B, technological impracticability. D. Application. Applications for variances from the requirements of ECDC 18.60.600 shall be reviewed by the Director as a Type II.A. development project permit application (see Chapter 20.01 ECDC). The decision on an application for variance shall be appealable to the hearing examiner. E. Application Fee. Application fees and other fees shall be as set in ECDC 15.00.020. 18.60.700 MASTER PERMIT TERMS AND CONDITIONS COUNCIL HAS PRE - APPROVED 18.60.710 Purpose 18.60.711 Definitions 18.60.712 Authority Granted 18.60.713 Grant Limited to Occupation 37 18.60.715 Non -Exclusive Grant 18.60.725 Term 18.60.730 Construction Permits Required 18.60.732 Relocation of Facilities 18.60.735 Placement of Facilities Underground 18.60.740 Maps and Records 18.60.745 Work in Right -of -Way 18.60.747 Restoration After Construction 18.60.750 Emergency Work — Permit Waiver. 18.60.752 Dangerous Conditions, Authority for City to Abate 18.60.755 Recovery of Costs 18.60.760 Indemnification and Waiver 18.60.762 Insurance 18.60.765 Abandonment and Removal of the Grantee's Facilities 18.60.767 Construction Bond. 18.60.770 Modification 18.60.775 Forfeiture and Revocation 18.60.780 City Ordinances and Regulations 18.60.785 Security Fund 18.60.787 Survival 18.60.790 Severability 18.60.792 Assignment 18.60.710 Purpose The purpose of this ECDC 18.60.700 is to set forth certain terms and conditions which are common to master permits. The intent of the city is to grant franchises to telecommunications providers on a competitively neutral basis. Pre -approval means council is familiar with these terms and is willing to approve them. The terms of a master permit may, where appropriate and in the public interest, deviate from the terms of this chapter in order to address the particular circumstances of an applicant. In the event of any conflict between this section 18.60.700 and a master permit ordinance, the master permit shall be the prevailing document. Moreover, the terms contained in this section 18.60.700 are not an exhaustive list. By way of example and not limitation, providers of personal wireless services are subject to a site -specific charge under RCW 35.21.860, and terms addressing such are not common to all master permits and do not appear here. The definitions of ECDC 18.60.71 1 apply to the entirety of ECDC 18.60.700. 18.60.711 Definitions The following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. "Affiliate" means an entity which owns or controls, is owned or controlled by, or is under common ownership with the Grantee. 38 "City" means the City of Edmonds, Washington. "Facilities" shall mean Grantee's telecommunications system constructed and operated within the City's Public Ways, and shall include all cables, wires, conduits, ducts, pedestals, and any associated equipment, or other facilities within the City's rights -of -way, designed and constructed for the purpose of providing Telecommunications Service, provided that facilities shall not include poles. "FCC" means the Federal Communications Commission, or any successor governmental entity hereto. "Master Permit Agreement" or "Master Permit" or "Franchise" or "Agreement" means this general authorization, or renewal thereof, granted by the City, through this ordinance or a subsequently adopted ordinance, to enter, use, and occupy the right-of-way for the purpose of locating Facilities in order to provide Telecommunications Service. "Grantee" means the entity that is a party to this Agreement. "Person" means an individual, partnership, association, joint stock company, trust, corporation, or governmental entity. "Public ways" or "rights -of -way" shall mean land acquired or dedicated for public roads and streets in the City, but does not include: • 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; • Structures, including poles and conduits, located within the right-of-way; • Federally granted trust lands or forest board trust lands; • Lands owned or managed by the state parks and recreation commission; or • 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. "Reasonable" or "reasonably" means an action or decision for which a reason or basis can be stated, such reason or basis arising from the facts and circumstances of the particular situation presented. Reasonable or reasonably is contrasted with arbitrary, i.e., unreasoning action, without consideration and in disregard of facts and circumstances. Where there is room for two opinions, a decision is reasonable even though one may believe an erroneous conclusion has been reached. "Right-of-way construction permit" or "construction permit" means that permit required of Grantee by the City in order to perform work at a particular location in the right-of-way, pursuant to Chapter 18.60 ECDC. "Telecommunications service" is defined as in RCW 35.99.010. 39 18.60.712. Authority Granted. The City hereby grants to the Grantee, its heirs, successors, legal representatives, and assigns, subject to the requirements of Chapter 18.60 ECDC and other applicable code requirements, and subject to the terms and conditions hereinafter set forth, the right, privilege, and authority to construct, operate, maintain, replace, use, install, remove, repair, reconstruct, inspect, replace, sell, lease, or transfer Grantee's Facilities in the Public Ways for the purpose of providing Telecommunications Service. 18.60.713 Grant Limited to Occupation. The authority granted herein is a limited authorization to occupy and use the right-of-way of the city. Nothing herein shall be construed to grant or convey any right, title, or interest in the right- of-way of the city to the Grantee, nor constitute a warranty of title. The authority granted extends only to those portions of the right-of-way to which the city has the right to grant access and shall be deemed to grant no more than those rights which the city may have the undisputed right and power to give. 18.60.715 Non -Exclusive Grant. Nothing herein shall prevent the city from entering into other similar master permits or granting other or further master permits, franchises, or right-of-way construction permits in, under, on, across, over, through, along or below any of said right-of-way of the city, nor from exercising such other powers and authorities granted to the city by law. Each grantee shall construct, install, maintain, and continuously operate its facilities to prevent interference with the other facilities in the right-of-way and the operation thereof. No master permit shall in any way prevent or prohibit the city from using any of its right-of-way as authorized by law or not prohibited by law or affect its jurisdiction over them or any part of them, and the city shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of the same as the city may deem fit, including the dedication, establishment, maintenance, and improvement of new right-of-way, all in compliance with this master permit and applicable law. 18.60.725 Term. The term of a master permit shall be for a period of five (5) years from the date of acceptance unless sooner terminated. No master permit shall renew unless and until the city and grantee reach master permit on a renewal and said master permit is approved by ordinance of the city council. In the event that master permit cannot be reached, the master permit shall terminate at the end of the then current term. The parties shall not be prevented from reaching master permit on renewal earlier than the time periods indicated. 18.60.730 Construction Permits Required A. Prior to site -specific location and installation of any portion of its facilities within a right-of- way, the Grantee shall apply for and obtain a construction permit pursuant to ECDC Chapter 18.60. In addition to any criteria set forth in ECDC Chapter 18.60, the city engineer shall apply the following criteria in the issuance or denial of a construction permit application: 1. Whether the Grantee has received all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies with jurisdiction over the activities proposed by the Grantee; 40 2. Whether there is sufficient capacity in the right-of-way to accommodate the Grantee's proposed facilities; 3. The capacity of the right-of-way to accommodate additional utility, cable, and facilities if the construction permit is granted; 4. The damage or disruption, if any, of public or private facilities, utilities, improvements, service, travel or landscaping if the construction permit is granted; 5. The public interest in minimizing the cost and disruption of construction within the right- of-way; and 6. If any criteria lead the Public Works Director to deny Grantee a construction permit, then City will consider the availability of alternate routes and/or locations for the proposed facilities. B. Unless otherwise provided in said Permit and except for emergency repairs, the Grantee shall give the city at least 48 hours' notice of the Grantee's intent to commence work in the right- of-way. The Grantee shall file plans or maps with the city showing the proposed location of its facilities and pay all duly established permit and inspection fees associated with the processing of the permit. Except in the case of emergency as provided in city code and this master permit, in no case shall any work commence within the right-of-way without said construction permit.. 18.60.732 Relocation of Facilities A. Grantee acknowledges that its facilities may need to be relocated during the term of this master permit. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or remove from any right-of-way any portion of its facilities when so required by the Director by reason of traffic conditions, public safety, dedications of new right-of-way and the establishment and improvement thereof, widening and improvement of existing right-of-way, street vacations, highway 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 Grantee shall in all cases have the privilege to temporarily relocate, in the authorized portion of the same or similar right-of-way upon approval by the Director, any 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 Grantee 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. Excavate and expose includes a corresponding requirement at the Grantee's sole cost and expense to restore the right-of-way. 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 grantee's facilities. C. If the City Engineer determines that the project necessitates the relocation of the Grantee's then existing facilities, the following procedures shall apply: 41 1. Within a reasonable time, which shall be no less than 30 days, prior to the commencement of such improvement project, provide the grantee 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 grantee written notice as soon as practicable; and 2. Provide the grantee with copies of information for such improvement project and a proposed location for the grantee's facilities so that the grantee may relocate its facilities in other portions of the right-of-way in order to accommodate such improvement project. 3. The grantee 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 grantee shall relocate its facilities within the time period specified by the city engineer. D. The grantee 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 grantee 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 grantee shall submit additional information to assist the city in making such evaluation. The city shall give each alternative proposed by the grantee 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 grantee shall relocate its facilities as otherwise provided in this Section. E. The provisions of this section shall in no manner preclude or restrict the grantee 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 grantee 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 from the failure of the grantee to relocate its facilities in a timely manner; provided, that the grantee shall not be responsible for damages due to delays caused by the city or circumstances beyond the reasonable control of the grantee. Grantee acknowledges its obligations to the city include reimbursement for any and all expenses incurred by the city caused by or arising from any failure of Grantee to identify its Facilities and relocate as required by this Section. The indemnification, hold harmless, and defense cost obligations of this paragraph are in addition to those appearing elsewhere in this master permit. G. The cost and expenses associated with relocation of the grantee's facilities shall be the responsibility of the grantee unless the grantee had paid for the installation or relocation cost of the same facilities at the request of the city within the past five years. The parties acknowledge the language of RCW § 35.99.060(3) addressing the circumstances under 42 which a service provider may seek reimbursement for relocation expenses, and this master permit shall be interpreted consistent therewith. 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. In the event that the city orders the grantee 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 grantee for the cost of relocation in the same proportion as their contribution to the cost of the project. I. In the event of an unforeseen emergency that creates a threat to the public safety, health, or welfare, the city may require the grantee to relocate its facilities at its own expense, any other portion of this section notwithstanding. J. Where relocation of facilities is required by the city, city and grantee shall comply with RCW § 35.99.060(2). If RCW 35.99.060(2) is amended after the date of this ordinance, then the parties' obligations are likewise amended. K. Grantee acknowledges and agrees that the placement of its facilities on third party -owned poles does not convey an ownership interest in such poles. Grantee 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. Grantee acknowledges and agrees that to the extent grantee'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 under RCW 35.99.060(3)(b). Upon an undergrounding project, facilities may be required to relocate to an alternative approved support structure or pole consistent with Chapter 20.50 ECDC and pursuant to the relocation requirements of this master permit (for example, if all utility poles in the area are removed as part of the undergrounding project.) L. If Grantee fails, neglects, or refuses to remove or relocate its facilities as directed by the City in accordance with this Section, then the City may, but shall have no obligation, perform such work or cause it to be done, and the City's costs shall be paid by Grantee. 18.60.735 Placement of Facilities Underground. To the extent required by ECDC Title 18, grantee's facilities shall be placed underground. This master permit does not limit the city's authority under federal law, state law, or local law to require that facilities be placed underground. Grantee is responsible for the cost to place its facilities in the right-of-way, including placement underground. 18.60.740 Maps and Records. After construction is complete, the Grantee shall provide the City with accurate copies of as -built plans and maps in a form and content prescribed by the City Engineer. These plans and maps shall be provided at no cost to the City and shall include hard copies and digital copies in a format specified by the City Engineer. 43 18.60.745 Work in Right -of -Way. A. During any period of relocation, construction, or maintenance, all surface structures, if any, shall be erected and used in such places and positions within said right-of-way and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property. The Grantee shall at all times post and maintain proper barricades and comply with all applicable safety and traffic control regulations during such period of construction as required by the ordinances of the city and laws of the state of Washington, including RCW 39.04.180 for the construction of trench safety systems. B. During the progress of the work, the grantee shall not unnecessarily obstruct the passage or proper use of the right-of-way, and all work by the grantee in any area covered by this master permit and as described in this section shall be performed in accordance with City of Edmonds Public Works Construction Standards and warranted for a period of two years. C. The city may require the Grantee in its construction, relocation, or placement of ducts or conduits within the Right-of-way to provide the city with additional ducts or conduits and related structures necessary to access the same. If so required, the City shall enter into a contract with Grantee consistent with RCW 35.99.070, and the terms and conditions under which additional ducts and/or conduits shall be provided shall be consistent with RCW 35.99.070 and City code. D. The grantee shall cooperate with the city and all other persons with authority from the city to occupy and use the right-of-way of the city in coordination of construction activities and joint trenching projects. By February I't of each calendar year, the grantee shall provide the city with a schedule of its proposed construction activities for that calendar year in, around, or that may affect the right-of-way of the city. The grantee shall also meet with the city and other users of the right-of-way of the city annually, or as determined by the city, to schedule and coordinate construction activities. The city engineer shall coordinate all construction locations, activities, and schedules to minimize public inconvenience, disruption, or damage to the right-of-way of the city. E. Consistent with RCW Chapter 35.99, the grantee may, on an annual basis, file notice with the city clerk and the city engineer of its desire to receive notices related to public improvement projects within the fight -of -way of the city. In the event that the Grantee is mailed such a notice and fails to coordinate installation or construction of its facilities with the public improvement project, the city engineer may deny the grantee's construction permit application for those portions of any of the grantee's construction projects which seek to disrupt the surface of any said street for a period of up to five years, as reasonably determined by the city engineer for the purpose of protecting the city's investment in said public improvement projects. In the alternative, the city engineer may require the grantee to fully restore the surface and sub -surface areas of such street to the condition that it was in immediately after completion of the public improvement project. F. If either the city or the grantee shall at any time after installation of the facilities plan to make excavations in area covered by this master permit and as described in this section, the party 44 planning such excavation shall afford the other, upon receipt of written request to do so, an opportunity to share such an excavation. PROVIDED THAT: l . Such joint use shall not unreasonably delay the work of the party causing the excavation to be made or unreasonably increase its costs; 2. Such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and 3. Either party may deny such request for safety reasons or if their respective uses of the trench are incompatible. 18.60.747 Restoration after construction. The grantee shall, after installation, construction, relocation, maintenance, removal, or repair of its facilities within the right-of-way, restore the surface of said right-of-way and any other city - owned property that may be disturbed by the work, to at least the same condition the right-of- way or city -owned property was in immediately prior to any such installation, construction, relocation, maintenance, or repair, reasonable wear and tear excepted. Newly and recently paved right-of-way shall be restored to the standards set by the Edmonds Municipal Code. The Public Works Department shall have final approval of the condition of such right-of-way and city - owned property after restoration, all in accordance with the Edmonds Municipal Code and Public Works Construction standards. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-120, as the same now exists or may hereafter be amended, and all pertinent federal, state and local standards and specifications. The grantee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the right-of-way or other affected area at its sole cost and expense according to the time and terms specified in the construction permit issued by the city all in accordance with the applicable provisions of the Edmonds Municipal Code, as the same now exists or as it may hereafter be amended or superseded. All work and restoration by the grantee pursuant to this Section shall be performed in accord with City of Edmonds Public Works Construction standards and warranted for a period of two years. 18.60.750 Emergency Work — Permit Waiver. In the event of any emergency in which any of the grantee's facilities located in, above, or under any right-of-way break, are damaged, or if the grantee's construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any individual, the grantee shall immediately take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of individuals without first applying for and obtaining a permit as required by this master permit. However, this shall not relieve the grantee from the requirements of notifying the city of the -emergency work and applying for a construction permit after the fact in accordance with the requirements of this paragraph and city code. The grantee shall notify the city by telephone immediately upon learning of the emergency and shall apply for all required permits according to the timeframe established by city code. Grantee shall further comply with all applicable city code requirements. 18.60.752 Dangerous Conditions, Authority for City to Abate. Whenever construction, installation, or excavation of the facilities authorized by this master permit has caused or contributed to a condition that appears to substantially impair the lateral 45 support of the adjoining right-of-way, street, or public place, or endangers the public, street utilities, or city -owned property, the city engineer may reasonably require the grantee, at the grantee's own expense, to take action to protect the public, adjacent public places, city -owned property, streets, utilities, and right-of-way. Such action may include compliance within a reasonably prescribed time. In the event that the Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, utilities, Right-of-way, to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and the Grantee shall be liable to the City for the reasonable costs and expenses thereof after receipt of an itemized bill. 18.60.755 Recovery of Costs. The City intends to recover its costs and expenses to the fullest extent permitted by law. Grantee shall be subject to all permit fees associated with activities undertaken through the authority granted in this master permit 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, Grantee 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 master permit, to inspecting plans and construction, to supervision of activities undertaken through the authority granted in this master permit 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 43.21 C RCW. Grantee shall further reimburse the City for Grantee'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 Grantee's Facilities. Fees for which Grantee 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 Grantee shall promptly reimburse the City for any and all reasonable costs the City incurs in response to any emergency involving the Grantee's Facilities. In circumstances where the costs are not covered by a published fee, 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 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. The terms costs and expenses are used interchangeably in this master permit and intended to have the same meaning with the goal of providing full reimbursement to the city. 18.60.760 Indemnification and Waiver. As consideration for the issuance of this master permit, Grantee shall indemnify the City as follows: A. Grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected and appointed officers, officials, employees, agents, consultants, volunteers, and representatives from any and all claims, costs, judgments, awards or liability to any Person arising from injury, sickness, or death of any Person or damage to property: 1. For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by this master permit are the proximate cause; 2. By virtue of Grantee's exercise of the rights granted herein; 3. By virtue of the City permitting Grantee's use of the City's Right-of-way or other public property; 4. Based on the City's inspection or lack of inspection of work performed by Grantee, its agents and servants, officers or employees in connection with work authorized on a Facility, the Right-of-way, or property over which the City has control pursuant to this master permit or pursuant to any other permit or approval issued in connection with this master permit; 5. Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work upon the Right-of-way, in any Public Way, or other public place, or work upon a Facility, in performance of work or services under this master permit; and 6. Based upon radio frequency emissions or radiation emitted from Grantee's equipment or Facilities, regardless of whether Grantee's equipment or Facilities complies with applicable federal statutes and/or FCC regulations related thereto. B. The provisions of Subsection A of this Section shall apply to claims against the City by Grantee's own employees and the employees of the Grantee's agents, representatives, contractors, and subcontractors to which Grantee might otherwise be immune under Title 51 RCW. It is expressly agreed and understood that this assumption of potential liability for actions brought against the City by the aforementioned employees is with respect to claims against the City arising by virtue of Grantee's exercise of its rights. To the extent required to provide this indemnification, Grantee waives its immunity under Title 51 RCW as provided in RCW 4.24.115. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Grantee acknowledges that the City would not enter into this master permit without Grantee's waiver thereof. C. Inspection or acceptance by the City of any work performed by the Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided that Grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall also extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. Grantee shall control the defense of any claim under which it is providing indemnification, and the City has the right to participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. EVA D. If Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this Section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to the matter), to have been a wrongful refusal on the part of the Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all expert witness fees, attorney's fees, the costs of the City, and fees of recovering under this Subsection. E. The obligations of Grantee under the indemnification provisions of this Section shall apply regardless of whether liability for damages arising out of bodily injury to Persons or damages to property were caused or contributed to by the City, its officers, agents, employees or contractors except to the extent that such claims, actions, damages, costs, expenses, and attorney's fees were caused by the sole negligence, or any malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. In the event that a court of competent jurisdiction determines that this master permit is subject to the provisions RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. F. Notwithstanding any other provisions of this Section, Grantee assumes the risk of damage to its Facilities located in the right-of-way and upon city -owned property occurring as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the Right-of-way by or on behalf of the City, regardless of whether such activities are conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Grantee's Facilities as the result of any interruption of service due to damage or destruction of Grantee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors. G. These indemnification requirements shall survive the expiration, revocation, or termination of this master permit or any other permits or approvals related thereto. 18.60.762 Insurance. The city council may set requirements of insurance by resolution. 18.60.765 Abandonment and Removal of the Grantee's Facilities. Upon the expiration, termination, or revocation of the rights granted under this master permit, the Grantee shall remove all of its Facilities from the Public Ways of the City within 90 days of receiving notice from the City Engineer. Provided, however, that the City may permit the W. Grantee's improvements to be abandoned in place in such a manner as the City may prescribe. If Grantee makes a written request for permanent abandonment, the City may prescribe the terms under which it would be willing to accept a permanent abandonment which may include transfer of ownership of the Facilities to the City. Grantee shall submit to the City a proposal and instruments for transferring ownership to the City. Any such Facilities which are not permitted to be abandoned in place which are not removed within ninety (90) days of receipt of said notice shall automatically become the property of the City. Provided, however, that nothing contained within this Section shall prevent the City from compelling the Grantee to remove any such Facilities through judicial action when the City has not permitted the Grantee to abandon said Facilities in place. If City takes said judicial action and the court grants the city relief, then Grantee shall reimburse the city its legal costs incurred. 18.60.767 Construction Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this master permit, the grantee shall furnish a street repair or sidewalk bond written by a corporate surety acceptable to the city equal to at least 125% of the estimated cost of restoring the right-of-way of the city to the pre -construction condition. Said bond shall be required to remain in full force until 60 days after completion of the construction of grantee's facilities and other improvements from the right-of-way of the city, and said bond, or separate bond acceptable to the city, shall warrant all such restoration work for a period of two years. In the event that a bond issued to meet the requirements of this section is canceled by the surety, after proper notice and pursuant to the terms of said bond, grantee shall, prior to expiration of said bond, be responsible for obtaining a replacement bond which complies with the terms of this section. 18.60.770 Modification. The city and grantee reserve the right to alter, amend or modify the terms and conditions of this master permit upon the written master permit of both parties to such alteration, amendment or modification. Said modifications shall be approved by the city by ordinance and accepted by the grantee by filing an unconditional written acceptance. 18.60.775 Forfeiture and Revocation. A. This master permit may be terminated for failure by Grantee to comply with the material provisions hereof and other provisions of the Edmonds Municipal Code. In addition to termination, the City may pursue other rights or remedies as may be available to it herein, or in law or in equity. Material violations include the following: l . Construction or operation in the right-of-way without a right-of-way construction permit or a master permit, as applicable; 2. Construction or operation at an unauthorized location; 3. Misrepresentation or lack of candor by or on behalf of a Grantee in any application or written or oral statement upon which the city relies in making the decision to grant, review or amend any master permit or right -of -say construction permit; 4. Unauthorized abandonment of facilities in the right-of-way; 5. Failure to relocate or remove facilities as required in this code or a master permit; 49 6. Failure to pay undisputed compensation, fees or costs in accordance with RCW 35.21.860 when and as due the city; 7. Violation of any bonding, insurance, indemnification and restoration provisions of this code or master permit or right-of-way construction permit. B. If the City has reason to believe that Grantee is in violation of this master permit or other provisions of the Edmonds Municipal Code, the following procedures shall be followed: 1. The City shall provide Grantee with written notice of the violation, by certified mail, containing a short and concise statement of the nature and general facts of the violation, the steps necessary to cure such violation, and a reasonable time period within which the violation must be cured. Within thirty (30) days thereafter, Grantee 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. 2. Grantee 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 Grantee delay progress, provided that Grantee 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 Grantee. 3. If said response is not satisfactory to City, the City may declare Grantee to be in default, with written notice to Grantee in accordance with the Notice requirements of this master permit. Within ten (10) business days after notice to Grantee, Grantee 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 master permit terminated for cause 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 damages, collecting liquidated damages per paragraph C below. 4. If Grantee 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 therefore. Such hearing shall be open to the public and Grantee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged non-compliance. Within ten (10) 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 master permit will be terminated, 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 master permit to be terminated and forfeited and/or pursue other rights or remedies. 5. If Grantee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided the Grantee is otherwise in compliance with this master permit. In any such appeal, Grantee 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. 50 C. If the City elects to collect liquidated damages, said damages shall be five hundred dollars ($500.00) per day, per violation, for each day beyond thirty (30) days that Grantee has been in violation. If liquidated damages are elected, then those damages shall be the exclusive monetary remedy for the breach for a period of sixty (60) days beginning the first date liquidated damages are imposed. Thereafter, the City may elect compensatory damages in lieu of further liquidated damages. D. If this master permit is terminated for cause, the ninety (90) day clock referenced in Section 20 (Abandonment and Removal of the Grantee's Facilities) begins to run the date the City or City Council declares the master permit terminated for cause in accordance with the procedures of this Section 26; Provided that if Grantee appeals revocation and termination pursuant to paragraph B(5) of this Section 26, then paragraph B(5) shall govern. E. Grantee shall not be deemed to be in default, failure, violation, or non-compliance with any provision of this master permit 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 Grantee. F. City code may provide for civil enforcement of city code, including but not limited to monetary penalties or abatement for code violations, and nothing in this Section or this master permit prevents the City from pursuing civil enforcement independently or concurrently with any process or action under this Section. 18.60.780 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 master permit, 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 grantee 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 master permit to the contrary. 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 grantee, and the grantee shall promptly conform with all such regulations, unless compliance would cause the grantee to violate other requirements of the law. 18.60.785 Security Fund. A. At the same time as providing acceptance of this master permit, Grantee shall establish a permanent security fund in the amount of Fifty Thousand Dollars ($50,000) by providing a letter of credit or a performance bond reasonably acceptable to the City to guarantee the full and complete performance of the requirements of this master permit and to guarantee payment of any costs, expenses, damages, or loss the City pays or incurs, including monetary and civil penalties, because of any failure attributable to Grantee to comply with the codes, 51 ordinances, rules, regulations, or permits of the City. The amount of the Security Fund shall not be construed to limit Grantee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. B. Grantee shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. C. Upon termination or expiration of the master permit, all funds remaining in the Security Fund shall be returned to Grantee within thirty (30) days after removal of Grantee's Facilities in the Public Ways. 18.60.787 Survival. All of the provisions, conditions, and requirements of this master permit shall be in addition to any and all other obligations and liabilities the Grantee may have to the City at common law, by statute or any applicable law, or by contract. The provisions, conditions, and requirements of Sections: Relocation of Facilities; Placement of Facilities Underground; Work in Right -of - Way; Restoration after Construction; Dangerous Conditions, Authority for City to Abate; Recovery of Costs; Indemnification and Waiver; Insurance; and Abandonment and Removal of the Grantee's Facilities, shall survive the expiration or termination of this master permit, and any renewals or extensions thereof and remain effective until such time as the Grantee removes its Facilities from the Public Ways. All of the provisions, conditions, regulations and requirements contained in this master permit shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Grantee and all privileges, as well as all obligations and liabilities of the Grantee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever the Grantee is named herein. 18.60.790 Severability. In any section, sentence, clause, or phrase of this master permit should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this master permit. 18.60.792 Assignment. This master permit may not be assigned or transferred without prior written notice to the City, except that the Grantee may freely assign this master permit without notice in whole or part to a parent, subsidiary, or affiliated corporation or as part of any corporate financing, reorganization or refinancing. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. Grantee may, without the prior written notice to the City: (i) Lease the Facilities, or any portion thereof, to another; (ii) Grant an Indefeasible Right of User Interest in the Facilities, or any portion thereof, to another; or (iii) Offer or provide capacity or bandwidth in its Facilities to another, PROVIDED THAT: Grantee at all times retains exclusive control over such Facilities 52 and remains responsible for locating, servicing, repairing, relocating or removing its Facilities pursuant to the terms and conditions of this master permit. 53 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 true copy of EDHI023588 ORDINANCE SUMMARIES as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 12/05/2025 and ending on 12/05/2025 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount &f the fee for publication is $51.60. WA.0 -�j — Subscribed and sworn before me on this\1pS`A�i�i day of �� �`ssicq F•.�C �i� U NOTARY N • U13L% iNi •.ohs+ nj��' • _� OF \k Notary Public in and for the State of Washington. City of Edmonds - LEGAL ADS 114101416 EMILI' VILLATA Classified Proof ORDINANCE SUMMARY of the Iry 0 dmon s, as ngton On the 2nd day of December, 2025. the City Council of the City of Edmonds, passed the following Ordinances, the summary of Bald ordinances consisting of titles is provided as follows ORDINANCE NO_ . 44/5 AN OROINANC OF EOMONDS, WASHINGTON, TEMPORARILY AMENDING SOME OF THE UTILITY TAX RATES IN ECC 3,20.050. ORDINANCE NO, 4416 AN ORDINANCE OBI Y OF EDMONDS, WASHINGTON. AMENDING ECDC CHAPTER 18,00 ENTITLED *GENERAL REQUIREMENTS': PROVIDING FOR SEVERABILITY, CORRECTIONS: AND ESTABLISHING AN EFFECTIVE DATE. ORDINANCE NO. 4417 AN ORDINANCE`_ OF EDMONDS, WASHINGTON, ADOPTING NEW REGULATIONS RELATED TO NON -TRANSPORTATION USE OF AND WORK 1N "HE RIGHT-OF-WAY ORDINANCE NO 4410 AN ORDINANCE OF T CITY OF EOMONDS. WASHINGTON, AMENDING CHAPTER 20.110 ECDC ENTITLED 'CIVIL VIOLATION —ENFORCEMENT PROCEDURE': PROVIDING FOR SE-VERABILITY, CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE DATED this 2nd day of December, 2025. DEPUTY CITY CLERK, EMILY VILLATA Published. December 5. 2025. EOH1023598 Proofed by Pospical, Randie, 12/08/2025 08:41:29 am Page: 2