city of tacoma
File #: ORD-28016    Version: 1 Name: Franchise with Port of Tacoma
Type: Ordinance Status: Passed
File created: 10/4/2011 In control: City Council
On agenda: 10/4/2011 Final action: 10/4/2011
Title: Ordinance No. 28016
Attachments: 1. ORD-28016
Related files: ORD28992
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Req.#13032 O"INANCE NO. 2 8 016 AN ORDINANCE relating to cable communications and franchise services; I amending the nonexclusive right, privilege, authority, and limited franchise 2 previously granted to the Port of Tacoma to construct, operate, maintain, remove, replace, and repair fiber-optic communications facilities in 3 designated areas of City right-of-way, together with equipment and appurtenances for the transmission of data within and through those certain 4 right-of-way areas, streets, and public property, adding additional areas of City right-of-way to the franchise, together with corresponding obligations. 5 6 WHEREAS, on July 13, 2010, the City Council passed Ordinance 7 No. 27898, granting to the Port of Tacoma ("Port") a limited franchise for the 8 occupancy and use of designated areas of public right-of-way for private 9 communication systems; and prescribing charges, terms, and conditions for the 10 construction, maintenance, and repair of such systems, and I I WHEREAS, on July 20, 2010, the Port accepted the grant of said franchise, 12 and 1 3 14 WHEREAS the Port now desires to amend its franchise with the City in 1 5 order to expand the boundaries of its Franchised Area, as such term is defined in 16 the franchise, and as further set forth herein, and 1 7 WHEREAS, in response to the Port's request for amendment to its 18 franchise, City staff has negotiated the necessary revisions to contractual and legal 19 charges, terms, and conditions for the Port's requested amendment; Now, 20 21 Therefore, 22 BE IT ORDAINED BY THE CITY OF TACOMA: 23 Section 1. Definitions. All capitalized terms used herein shall have the 24 same meanings ascribed to them in City of Tacoma Ordinance No. 27898 (the 25 "Original Franchise") unless otherwise expressly defined herein. 26 1 0 0 0rd13032.doc-JHC/bn LEG 004 (11/89) Section 2. Right Conveygd. Section 2 of the Original Franchise is hereby amended by deleting the legal description of the Franchised Area from the Original 2 3 Franchise and replacing it with Schedule I attached to this amended ordinance, 4 which sets forth the legal description of the new area comprising the Franchised 5 Area. 6 Section 3. Performance Bond. The amount of the performance bond set 7 forth in Section 14.4 of the Original Franchise is hereby increased from $1 0,000 to 8 $15,000 to account for the increased Franchised Area. 9 Section 4. Annual Franchise Fee. The Franchise Fee set forth in 10 I I Section 15.1 of the Original Franchise is hereby increased from $4,000 to $20,600 12 to account for the increased Franchised Area. The Port agrees to pay the new 13 Franchise Fee beginning on the effective date of this amendment pro-rated for the 14 current year with credit for fees already paid. 15 Section 5. Original Franchise Remains in Effect. Except as expressly 16 amended herein, the Original Franchise remains in full force and effect. 17 OCT 4 2011 Passed 18 19 20 mayor Attest: 21 22 k-A JL44 23 City Clelo" I C@ 24 Approved Form: 25 Depugeliy Attorney 0 16 -2- 0rd13032.doc-JHC/bn LEG 004 (11/89) Schedule I "Franchised Area" 2 3 A meandering 5 Foot wide strip lying within the northerly 75 feet of the Port of Tacoma Road Right of Way described as follows: 4 Beginning at a point 45 Feet easterly of the intersection of East 5 1 1th Street, as vacated by City of Tacoma Ordinance 15312 dated April 18, 1955 and the extended northerly margin of Port 6 of Tacoma Road as dedicated per the Corrected Plat of Port of 7 Tacoma Industrial Development District, First Addition recorded March 20, 1957 under Auditor's File Number 1782439, records 8 of Pierce County, Washington; thence Southeasterly, within said Port of Tacoma Road Right of Way, to a point lying 250 Feet 9 Easterly of the easterly margin of Lincoln Avenue and the Terminus of this described strip. 10 As further depicted within the As-Build drawings attached hereto and incorporated herein by this reference. 1 2 All situate in the Northeast and Southeast Quarter of Section 34, and the 13 Southwest Quarter of Section 35, Township 21 North, Range 3 East of the W.M., 14 City of Tacoma, County of Pierce, State of Washington 15 Together with 1 6 ALL THAT PORTION OF THE FOLLOWING DESCRIBED 5 FOOT WIDE STRIP OF LAND LYING WITHIN THE EAST 1 1TH STREET, MILWAUKEE WAY AND LINCOLN 1 7 AVENUE RIGHT OF WAYS, LYING 2.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 1 8 COMMENCING AT A BRASS DISK AT THE INTERSECTION OF EAST 1 1TH 19 STREET AND TAYLOR WAY, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL POINT NO. 184, AS SHOWN ON PORT OF TACOMA 2007 SURVEY 20 CONTROL MAP TITLED "BLAIR-HYLEBOS PENINSULA SURVEY CONTROL MAP"; 21 THENCE SOUTH 44006'22" WEST, 4,652.71 FEET TO A BRASS DISK SET IN A MONUMENT CASE AT THE INTERSECTION OF EAST 1 1TH STREET AND 22 THORNE ROAD, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL POINT NO. 925 AS SHOWN ON AFORESAID MAP; 23 THENCE SOUTH 50020'25" WEST, 830.42 FEET, MORE OR LESS, TO THE NORTHERN MARGIN OF EAST 1 1TH STREET AND THE POINT OF BEGINNING; 24 THENCE SOUTH 43027'34" EAST ALONG AN UNDERGROUND CONDUIT ROUTE, 125.15 FEET; 25 THENCE SOUTH 43044'1 9" WEST, 11 3.27 FEET TO A POLE AND TRANSITION TO AERIAL CABLE ROUTE; 26 -3- 0rd13032.doc-JHC/bn LEG 004 (11/89) THENCE CONTINUING SOUTH 43044'1 9" WEST ALONG SAID AERIAL CABLE I ROUTE, 54.06 FEET; THENCE SOUTH 30049'29" EAST, 1444.88 FEET; 2 THENCE SOUTH 29039'29" EAST, 213.86 FEET; THENCE SOUTH 27040'58" EAST, 255.85 FEET; 3 THENCE SOUTH 26057'56" EAST, 246.82 FEET; THENCE SOUTH 29027'07" EAST, 250.17 FEET; 4 THENCE SOUTH 35028'43" EAST, 246.79 FEET; THENCE SOUTH 29024'46" EAST, 253.39 FEET; 5 THENCE NORTH 59058'41" EAST, 91.67 FEET TO A POLE AND TRANSITION TO UNDERGROUND CONDUIT ROUTE; 6 THENCE SOUTH 06002'25" WEST ALONG SAID UNDERGROUND CONDUIT 7 ROUTE, 27.20 FEET; THENCE SOUTH 31027'14" EAST, 351.14 FEET; 8 THENCE SOUTH 39046'07" EAST, 89.31 FEET; THENCE SOUTH 52047'35" EAST, 9.53 FEET; 9 THENCE SOUTH 79015'18" EAST, 9.53 FEET; THENCE NORTH 89029'00" EAST, 18.95 FEET; 10 THENCE SOUTH 77010'44" EAST, 12.15 FEET; THENCE SOUTH 51015'42" EAST, 14.59 FEET; I I THENCE SOUTH 04014'24" EAST, 85.59 FEET; THENCE SOUTH 13033'24" EAST, 14.48 FEET; 12 THENCE SOUTH 30008'00" EAST, 14.48 FEET; THENCE SOUTH 41036'50" EAST, 102.36 FEET, MORE OR LESS, TO THE 13 EASTERN MARGIN OF MILWAUKEE WAY AND THE TERMINUS OF THIS DESCRIBED LINE. 14 THE SIDELINES OF WHICH ARE TO BE LENGTHENED OR SHORTENED AS 15 NEEDED TO INTERSECT EACH OTHER AT ALL ANGLE POINTS AND THE 16 MARGINS OF EAST 1 1TH STREET, MILWAUKEE WAY AND LINCOLN AVENUE. 1 7 TOGETHER WITH ALL THAT PORTION OF THE FOLLOWING DESCRIBED 5 FOOT WIDE STRIP OF 18 LAND LYING WITHIN THE MARSHALL AVENUE RIGHT OF WAY, LYING 2.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 19 COMMENCING AT A BRASS DISK AT THE INTERSECTION OF EAST 1 1TH 20 STREET AND TAYLOR WAY, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL POINT NO. 184, AS SHOWN ON PORT OF TACOMA 2007 SURVEY 21 CONTROL MAP TITLED "BLAIR-HYLEBOS PENINSULA SURVEY CONTROL MAP"; THENCE SOUTH 44'06'22" WEST, 4,652.71 FEET TO A BRASS DISK SET IN A 22 MONUMENT CASE AT THE INTERSECTION OF EAST 1 1TH STREET AND 23 THORNE ROAD, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL POINT NO. 925 AS SHOWN ON AFORESAID MAP; 24 THENCE SOUTH 21029'58" EAST, 4,968.41 FEET, MORE OR LESS, TO THE NORTHERN MARGIN OF MARSHALL AVENUE AND THE POINT OF BEGINNING; 25 THENCE SOUTH 38013'32" EAST ALONG A UNDERGROUND CONDUIT ROUTE, 2.42 FEET; 26 THENCE SOUTH 79047'16" EAST, 3.98 FEET; -4- 1.03 Ordl3O32.doc-JHC/bn LEG 004 (11/89) TH NCE NORTH 58039'00" EAST, 27.02 FEET; 1 THENCE SOUTH 31021'00" EAST, 75.20 FEET, MORE OR LESS, TO THE SOUTHERN MARGIN OF SAID MARSHALL AVENUE AND THE TERMINUS OF THIS 2 DESCRIBED LINE. 3 THE SIDELINES OF WHICH ARE TO BE LENGTHENED OR SHORTENED A NEEDED TO INTERSECT EACH OTHER AT ALL ANGLE POINTS AND THE 4 MARGINS OF MARSHALL AVENUE. 5 TOGETHER WITH ALL THAT PORTION OF THE FOLLOWING DESCRIBED 5 FOOT WIDE STRIP OF 6 LAND LYING WITHIN THE PORT OF TACOMA ROAD RIGHT OF WAY, LYING 7 2.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 8 COMMENCING AT A BRASS DISK AT THE INTERSECTION OF EAST 1 1TH STREET AND TAYLOR WAY, SAID MONUMENT ALSO BEING PORT OF TACOMA 9 CONTROL POINT NO. 184, AS SHOWN ON PORT OF TACOMA 2007 SURVEY CONTROL MAP TITLED "BLAIR-HYLEBOS PENINSULA SURVEY CONTROL MAP"; 10 THENCE SOUTH 44006'22" WEST, 4,652.71 FEET TO A BRASS DISK SET IN A MONUMENT CASE AT THE INTERSECTION OF EAST 1 1TH STREET AND I I THORNE ROAD, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL POINT NO. 925 AS SHOWN ON AFORESAID MAP; 12 THENCE SOUTH 41056'25" WEST, 8,773.94 FEET, MORE OR LESS, TO THE WESTERN MARGIN OF PORT OF TACOMA ROAD AND THE POINT OF 13 BEGINNING; 14 THENCE NORTH 77045'15" EAST ALONG AN UNDERGROUND CONDUIT ROUTE, 48.24 FEET; 15 THENCE SOUTH 75004'30" EAST, 132.35 FEET; THENCE NORTH 71048'57" EAST, 9.40 FEET; 16 THENCE NORTH 10020'58" EAST, 19.84 FEET; THENCE NORTH 38028'24" EAST, 101.73 FEET, MORE OR LESS, TO THE 17 EASTERN MARGIN OF SAID PORT OF TACOMA ROAD AND THE TERMINUS OF THIS DESCRIBED LINE. 18 THE SIDELINES OF WHICH ARE TO BE LENGTHENED OR SHORTENED AS 19 NEEDED TO INTERSECT EACH OTHER AT ALL ANGLE POINTS AND THE MARGINS OF PORT OF TACOMA ROAD. 20 TOGETHER WITH 21 ALL THAT PORTION OF THE FOLLOWING DESCRIBED 5 FOOT WIDE STRIP OF LAND LYING WITHIN THE ALEXANDER AVENUE RIGHT OF WAY, LYING 2.5 FEET 22 ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 23 COMMENCING AT A BRASS DISK AT THE INTERSECTION OF EAST 1 1TH 24 STREET AND TAYLOR WAY, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL POINT NO. 184, AS SHOWN ON PORT OF TACOMA 2007 SURVEY 25 CONTROL MAP TITLED "BLAIR-HYLEBOS PENINSULA SURVEY CONTROL MAP"; THENCE SOUTH 44006'22" WEST, 4,652.71 FEET TO A BRASS DISK SET IN A 26 MONUMENT CASE AT THE INTERSECTION OF EAST 1 1TH STREET AND I 04 Ordl3O32.doc-JHC/bn LEG 004 (11/89) THORNE ROAD, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL 1 POINT NO. 925 AS SHOWN ON AFORESAID MAP; THENCE SOUTH 64021'18" EAST, 10,141.65 FEET, MORE OR LESS, TO THE 2 WESTERN MARGIN OF ALEXANDER AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 0801 1'07" EAST ALONG AN AERIAL CABLE ROUTE, 130.23 FEET 3 TO A POLE AND TRANSITION TO UNDERGROUND CONDUIT ROUTE; THENCE SOUTH 12053'24" EAST ALONG SAID UNDERGROUND CONDUIT 4 ROUTE, 13.31 FEET; THENCE SOUTH 08008'20" EAST, 6.75 FEET; 5 THENCE SOUTH 23015'58" WEST, 2.59 FEET; 6 THENCE SOUTH 48049'20" WEST, 11.63 FEET; THENCE SOUTH 25042'23" WEST, 2.36 FEET; 7 THENCE SOUTH 02035'25" WEST, 5.62 FEET; THENCE SOUTH 06036'02" EAST, 92.60 FEET; 8 THENCE SOUTH 01003'53" EAST, 53.13 FEET; THENCE SOUTH 00049'08" WEST, 53.30 FEET; 9 THENCE NORTH 90000'00" EAST, 40.91 FEET; THENCE SOUTH 00000'00" EAST, 85.79 FEET; 10 THENCE SOUTH 22027'52" WEST, 4.48 FEET; THENCE NORTH 8701 0'43" WEST, 44.80 FEET; I 1 THENCE NORTH 88037'36" WEST, 31.06 FEET, MORE OR LESS, TO THE WESTERN MARGIN OF ALEXANDER AVENUE AND THE TERMINUS OF THIS 12 DESCRIBED LINE. 13 THE SIDELINES OF WHICH ARE TO BE LENGTHENED OR SHORTENED AS NEEDED TO INTERSECT EACH OTHER AT ALL ANGLE POINTS AND THE 14 MARGINS OF ALEXANDER AVENUE. 15 TOGETHER WITH 16 ALL THAT PORTION OF THE FOLLOWING DESCRIBED 5 FOOT WIDE STRIP OF LAND LYING WITHIN THE ALEXANDER AVENUE RIGHT OF WAY, LYING 1 7 2.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 18 COMMENCING AT A BRASS DISK SET IN A MONUMENT CASE AT THE INTERSECTION OF EAST 1 1TH STREET AND THORNE ROAD, SAID MONUMENT 19 ALSO BEING PORT OF TACOMA CONTROL POINT NO. 925, AS SHOWN ON PORT OF TACOMA 2007 SURVEY CONTROL MAP TITLED "BLAIR-HYLEBOS 20 PENINSULA SURVEY CONTROL MAP"; THENCE NORTH 44'06'22" EAST, 4652.71 FEET TO A BRASS DISK AT THE INTERSECTION OF EAST 1 1TH STREET 21 AND TAYLOR WAY, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL POINT NO. 184 AS SHOWN ON AFORESAID MAP; 22 THENCE SOUTH 46"03'53" WEST, 713.74 FEET, MORE OR LESS, TO THE WESTERN MARGIN OF ALEXANDER AVENUE AND THE POINT OF BEGINNING; 23 THENCE NORTH 39013'35" EAST ALONG AN UNDERGROUND CONDUIT ROUTE, 3.70 FEET; 24 THENCE NORTH 06021'1 3" WEST, 10.84 FEET 25 THENCE NORTH 32048'31 " EAST, 18.14 FEET TO A POLE AND TRANSITION TO AN AERIAL CABLE ROUTE; 26 THENCE SOUTH 43035'16" EAST, 553.55 FEET; -6- Ordl3O32.doc-JHC/bn LEG 004 (11/89) THENCE SOUTH 45053'19" EAST, 1,066.87 FEET; I THENCE SOUTH 45028'32" EAST, 539.86 FEET; THENCE SOUTH 46027'17" EAST, 317.66 FEET; 2 THENCE SOUTH 45050'47" EAST, 488.10 FEET; THENCE SOUTH 46006'51" EAST, 521.77 FEET; 3 THENCE SOUTH 45027'54" EAST, 636.20 FEET; THENCE SOUTH 46008'28" EAST, 211.08 FEET; 4 THENCE SOUTH 45047'47" EAST, 642.45 FEET; THENCE SOUTH 46018'25" EAST, 204.48 FEET; 5 THENCE SOUTH 45054'44" EAST, 633.99 FEET; 6 THENCE SOUTH 1701 1'43" WEST, 25.62 FEET, MORE OR LESS, TO THE 7 WESTERN MARGIN OF ALEXANDER AVENUE AND THE TERMINUS OF THIS DESCRIBED LINE. 8 THE SIDELINES OF WHICH ARE TO BE LENGTHENED OR SHORTENED AS 9 NEEDED TO INTERSECT EACH OTHER AT ALL ANGLE POINTS AND THE MARGINS OF ALEXANDER AVENUE. 10 TOGETHER WITH ALL THAT PORTION OF THE FOLLOWING DESCRIBED 5 FOOT WIDE STRIP OF LAND LYING WITHIN THE EAST 1 1TH STREET RIGHT OF WAY, LYING 2.5 FEET 12 ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: 13 COMMENCING AT A BRASS DISK AT THE INTERSECTION OF EAST 1 1TH STREET AND TAYLOR WAY, SAID MONUMENT ALSO BEING PORT OF TACOMA 14 CONTROL POINT NO. 184, AS SHOWN ON PORT OF TACOMA 2007 SURVEY 15 CONTROL MAP TITLED "BLAIR-HYLEBOS PENINSULA SURVEY CONTROL MAP"; THENCE SOUTH 44006'22" WEST, 4,652.71 FEET TO A BRASS DISK SET IN A 16 MONUMENT CASE AT THE INTERSECTION OF EAST 1 1TH STREET AND THORNE ROAD, SAID MONUMENT ALSO BEING PORT OF TACOMA CONTROL 1 7 POINT NO. 925 AS SHOWN ON AFORESAID MAP; THENCE SOUTH 46053'16" WEST, 1,034.56 FEET, MORE OR LESS, TO THE 18 NORTHERN MARGIN OF EAST 1 1TH STREET AND THE POINT OF BEGINNING; THENCE SOUTH 29002'00" EAST ALONG A UNDERGROUND CONDUIT ROUTE, 19 104.58 FEET, MORE OR LESS, TO THE SOUTHERN MARGIN OF SAID EAST 1 1TH STREET AND THE TERMINUS OF THIS DESCRIBED LINE. 20 THE SIDELINES OF WHICH ARE TO BE LENGTHENED OR SHORTENED AS 21 NEEDED TO INTERSECT EACH OTHER AT ALL ANGLE POINTS AND THE MARGINS OF EAST 1 1TH STREET. 22 NOTE: THE TOTAL LENGTH OF AERIAL LINE IS 9,029 FEET AND THE TOTAL 23 LENGTH OF THE UNDERGROUND LINE IS 1,994 FEET. TOTAL OVERALL 24 LENGTH FOR BOTH LINES IS 11,023 FEET. 25 26 -7- Ordl3O32.doc-JHC/bn LEG 004 (11/89) CITY CLERK USE ONLY REQUEST FORRECE-WIP"RequestM 303 2- oma E ORDINANCE F@ RESOLUTtqN, Ord./Res. 28016 1 @Iz,@ 2 0 I i 1. DATE: August 16, 2011 CITY CLEM'@ uttli.@ 2. SPONSORED BY: COUNCIL MEMBER(S) information Technology (If no sponsor, enter "N/A") 3a. REQUESTING 4a. CONTACT (for questions): PHONE: DEPARTMENT/DIVISION/PROGRAM Jeff Lueders 253.591.5727 Information Technology/TV Tacoma 3b. "Do PASS" FROM GPFC ON AUG 31, 11 f I Yes 4b. Person Presenting: PHONE: F-1 No Jeff Lueders 253.591.5727 F-1 To Committee as information only F-1 Did not go before a Committee 3c. DID THIS ITEM GO BEFORE THE 4c. ATTORNEY: Jeff Capell PHONE: PUBLIC UTILITY BOARD? 253.591.5638 F-1 Yes, on [Date] ENot required '001, Budget Officer/Finance Director 5. REQUESTED COUNCIL DATE: September 13, 2011 -413 (If a specific council meeting date is required, explain why; i.e., grant application deadline, contract expiration date, required contract execution date, public notice or hearing required, etc.) Due to the Federal Grant requirements, the Port of Tacoma will need to begin construction in late October, therefore, it is necessary to go before Council as soon as possible. 6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.) Amendment to Ordinance #27898, Port of Tacoma Franchise 7. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal requirements? What are the viable alternatives? Who has been involved in the process?) This request is for an amendment to Ordinance # 27898 which granted a limited area franchise to the Port of Tacoma to occupy and use designated areas of the public right of way for a communication system on July 20, 201 0. This amendment includes an expansion created by a $ 12 million dollar Federal Homeland Security Grant to improve the communication system by installing additional fiber (aerial and underground) and electronics, and enhanced security with the construction of new gates, bollards and guard shacks. The additional public right of way area requested as part of this amendment is over 1 1,000 linear feet, which is nearly three times the original amount of 4,200 linear feet increasing the annual franchise fees from $ 4,000 to $ 20,600 on the 1 0-year agreement. 8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED: Source Documents/Backup Material Location of Document Ordinance No. 27898 City Clerk's Office 07 FsOO5\ bisd\ Contracts-]T@ Frandiise Contracts\ Requestfor Ordinance - Port of Tacoma Frandiise Agreement Version 2.docx 11 0 CITY CLERK USE ONLY _'@p A REQUEST (CONT) Request #: I Ord/Res #: 28 01 9. WHICHOFTHECITY'SSTRATEGicGOALsDOEsTHISITEMSUPPORT?(CHECKTHEGOALTHATBESTAPPLIES) A. M A SAFE, CLEAN AND ATTRACTIVE COMMUNITY B. El A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY r -1 C. ! j A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT 10. IF THIS CONTRACT IS FOR AN AMOUNT OF $200,000 OR LESS, EXPLAIN WHY IT NEEDS LEGISLATIVE APPROVAL: This is a 1 0-year agreement. 11. FINANCIALIMPACT: FI EXPENDITURE REVENUE A. F1 No IMPACT (NO FISCAL NOTE) B. Z YES, OVER $1 00,000, Fiscal Note Attached C. F-1 YES, UNDER $100,000, (NO FISCAL NOTE) Provide funding source information below: FUNDING SOURCE: (Enter amount of funding from each source) Fund Number & Name: State $ city $ Other Total Amount If an expenditure, is it budgeted? F-1 Yes F] No Where? Cost Center: Acct 0 8 @@F,@005@hisd@Co)itracts-iT@FraiicltiseCo)itracts@RcqiicstforOrdinance-PortofTacoiiiaFratichiseAgrecilielltVersi,,,, 2.docx Office of the City Clerk (011071201 1) CITY CLERK USE ONLY z FiSCAL NOTE (CONT) Request Ord/Res 2 801 LONG-TERM FINANCIAL IMPACT OF LEGISLATION: SPENDING PLAN & BUDGET 2011 2012 2013 2014 2015 TOTAL Salaries/Benefits Start-up On-going Maintenance & Operations Capi al TOTAL FUNDING SOURCE 2011 2012 2013 2014 2015 TOTAL IT Cable TV Fund 1431 17,830 20,600 20,600 20,600 20,600 100,230 TOTAL 17,830 1 20,600 1 20,600 1 20,600 1 20,600 1 100,230 The financial cost of not implementing the legislation: [Click Here and Type or Press Delete to Clear] Estimate the cost to the City if the legislation is not implemented, including the potential conflicts with regulatory requirements, cost avoidance, or otherpotential costs. OTHER ISSUES: [Click Here and Type or Press Delete to Clear] ,I I 1% 1u FsOO5@ bisd@ Contracts-ff@ Franchise Contracts\Requestfor Ordinance - Port of Tacoma Franchise Agreement Version 2.docx CITY CLERK USE ONLY '2 f-, Request 6D Ord/Res 28016 FISCAL NOTE Each piece of legislation that has a financial impact or creates positions authority requires a fiscal note. After preparation by departmental staff, the Budget and Research Division will review the fiscal note and make any necessary revisions before transmittal to the Legal Department for legislation preparation. DEPARTMENT: CONTACT PERSON/PHONE: ONIBA CONSULTANT/PHONE: Information Technology Jeff Lueders 253.591.5727 Linda Honeycutt 253.591.5174 Is it currently budgeted? F1 Yes F No Is this a grant? El Yes RNo If Yes, F Operating F1 Capital EXPENDITURES: FUND NAME & NUMBER COST CENTER WBS ACCOUNT 2011-2012 EXPENDITURES TOTAL I I- I I General Fund: Include Department Purpose: [Click Here and Type or Press Delete to Clear] REVENUES: FUND NAME & NUMBER COST CENTER WBS ACCOUNT 2011-2012 REVENUES IT Cable TV Fund 1431 638100 4360000 $38,430 TOTAL, Notes: Franchise Fees under the current Ordinance # 27898 are $ 4,000 annually, the Requested Amendment will add an additional $ 16,600 for a total of $ 20,600 annually and a 1 0 year combined total of $186,630 over the time remaining in the 1 0-year agreement which began August 15 th , 2010 (1't year of this amendment the payment will be pro-rated to the amount of $ 17,830 for the 1 0 months of November 201 1 to August 2012, then the scheduled rate for the final 8 years at $ 20,600) POSITION IMPACT: POSITION TITLE PERMANENT/PROJECT/ POSITION END DATE 2011 FTE FUTURE FTE TEMPORARY POSITION Total positions created or abrogated through this legislation, including FTE impact. FTE impactfor temporary employees is estimated. cotclerk @jbwjs \ RcqiiestResoliitioizOrdiiiaitce.doc Officc of the City Clcrk- (O 110712 01 1) 77 ---l 28 016 71 _77 Ile, AN 60 Ordinance No. 2' 8 0 1 6 First Reading of Ordinance: SEP 1 3 2011 Final Reading of Ordinance: OCT 4 2011 Passed: OCT - 4 Z01i Roll Call Vote: MEMBERS AYES NAYS ABSTAIN ABSENT Mr. Boe Mr. Campbell Mr. Fey v--- Mr. Lonergan Mr. Manthou Mr. Mello Ms. Walker Ms. Woodards Mayor Strickland MEMBERS AYES NAYS ABSTAIN ABSENT Mr. Boe Mr. Campbell Mr. Fey Mr. Lonergan Mr. Manthou Mr. Mello Ms. Walker Ms. Woodards Mayor S rickland k@ccagenda@agenda procedures and formsbrdinancevotingrecord.doc