HomeMy WebLinkAboutIT1997-0243 - Original - Worldcom Network Services, Inc. - Telecommunications Franchise and Ordinance - 01/13/1997 MEMORANDUM OF UNDERSTANDING
Telecommunications Franchise and Ordinance
THIS MEMORANDUM OF UNDERSTANDING IS SIGNED BELOW BY AN AUTHORIZED
AGENT OF WORLDCOM NETWORK SERVICES, INC. ("WorldCom"), 6929 North Lakewood
Avenue, Tulsa, Oklahoma 74117.
RECITALS
WHEREAS, WorldCom has designed and is ready to construct a fiber optic cable link that will be
buried underground within the Union Pacific Santa Fe Railroad("UPSF")right-of-way as that right-of-way
passes through the City of Kent; and
WHEREAS,the UPSF right-of-way intersects a number of streets in the City of Kent, Washington;
and
WHEREAS, WorldCom has sought a Street Use Permit to place its fiber optic cable beneath these
City streets; and
WI F.REAS,the City wili typically not issue a telecommunications company. such as WorldCom,
a Perini t to use its streets unless and until that company-has first obtained a franchise to use our City rights-
of-way; and
WHEREAS. WorlldCom has requested that the City issue the Street Use Permit on the condition
that WorldCom, in good faith, exercise its bat efforiS to enter into a f rtichise agreement-with the City of
Kent and to comply, both through this Permit and the franchise agreement, with the provisions of various
telecommunications ordinances currently under dcoeiopment '•ay the City of Kent;
NOW THEREFORE, WorldCom issues this Memorandum Of Understanding to the City of Kent:
AMEIVI0l2ANDI l,I OF UNDERSTANDING
1. WorldCom acknowledges that tit..Cit,, i.hay develop rules,regulations, ordinances, or other
specifications fbr the rsc of public rights-of-way and/or public facilities tip
tclecommunications service providers and that these rules. regulations, ordinances, aura
Speelficahons, when fl'1iL111.0 i, Shrill govern ',%'or!(IC-orn'S aCtr ltre,5 L`r1tf:,l'this Permit as i
the V Nvere in c{feGt at tho Cline this Permit was executed by the City.
2'. WorldCom a_rces tnat. as (tart of t1 e Lon<:-term ptannmg for mta frmch ising of
to!econamulleatiou service prof oera using{ ;,v rights-of-way ai;d public facilities_ the CitN,
contemplates e,tactment of teleco.-tmunications ordinances and tcleconmunications
franchises and other i.gmtntents purs'.iantthereto.
3. WorldCom agrees that its negotiations over the terms and conditions of any franchise to be
adopted with the City of Kent shall be conducted in good faith by the parties and that the
sole purpose of the grant of this Permit is to allow WorldCom to begin preparing for and
providing its services prior to the adoption of that ordinance and franchise.
4. This Permit shall be specifically subject to the contemplated adoption of a franchise with
WorldCom, which franchise shall be subject to the City's planned telecommunications
ordinances.
5. Within thirty (30) days from the date of passage of the City's telecommunications
ordinances, WorldCom shall in good faith, enter into franchise negotiations with the City.
Once agreed upon, WorldCom shall accept the franchise within all statutorily allowed time
periods. Failure on WorldCom's part to file written acceptances within the time allowed
shall be deemed an abandonment and rejection of the rights and privileges confirmed by
and pursuant to this Permit, and this Permit shall,at that time, fully expire and be void; this
acceptance will be unqualified and will be deemed and construed to be an acceptance of all
the terms, conditions, and restrictions contained in WorldCom's franchise.
6. As further consideration for issuing this Permit without first obtaining a franchise,
WorldCom agrees to place a second two-inch diameter pipe beneath all city streets lying
fully within City of Kent-owned right-of-way for the City's sole use and purposes in the
vicinity of the area where WorldCom is laying its cable. WorldCom shall take appropriate
steps to ensure that these City conduits terminate at ground level; however, WorldCom's
obligation to place this pipe is subject to the City's first providing all the materials
necessary to effect this work.
Respectfully submitted as a distinct and specific condition to the issuance of the attached City of
Kent Street Use Permit this 137*day of Jew VA4MY 1997.
W M N TW SERVICES, INC.
LARR S ALCUP
Senior ager, Out de Plant
APPROVED AS TO FORM:
c. .
THOMAS C. BRUBAKER
Assistant City Attorney for the City of Kent
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