129413 Ordinance No. 2024-03 ORDINANCE NO. 2024-03 AN ORDINANCE OF THE CITY OF BATTLE GROUND GRANTING TO NJORD LLC DBA ZING BROADBAND, THE RIGHT PRIVILEGE, AUTHORITY AND FRANCHISE TO CONSTRUCT, INSTALL, REPLACE, REPAIR, MONITOR, MAINTAIN, USE AND OPERATE THE EQUIPMENT AND FACILITIES NECESSARY FOR A TELECOMMUNICATIONS SYSTEM IN, UNDER, ON, ACROSS, OVER AND THROUGH THE CITY-OWNED RIGHTS OF WAY THROUGHOUT THE RIGHTS-OF-WAY OF THE CITY. WHEREAS, the City of Battle Ground (City) has a legitimate and necessary regulatory role in ensuring the availability of broadband telecommunications service and reliability of such services in its jurisdiction, and, WHEREAS, Njord LLC DBA Zing Broadband ("Grantee") is a broadband telecommunications company that provides voice and data services to customers; and, WHEREAS, Grantee's desired route through the City requires the use of certain portions of City rights-of-way for the installation, operation, and maintenance of a broadband telecommunications system; and, WHEREAS, a franchise for the use of public rights-of-way allows for the construction of amenities necessary to serve the future needs of the citizens of Battle Ground, and the coordination, planning, and management of the City's rights-of-way is necessary to ensure that the burden of costs relating to the use of the public rights-of-way are fairly allocated; and, WHEREAS, RCW 35A.11.020 grants the City broad authority to regulate the use of the public rights-of-way and RCW 35A.47.040 grants to the City broad authority to grant nonexclusive franchise agreements; and, WHEREAS, the City determines to exercise its authority, consistent with state and federal law, to grant a nonexclusive franchise to Grantee in accordance with the provisions of the Franchise; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATTLE GROUND AS FOLLOWS: Section 1. The Franchise Agreement Between the City of Battle Ground and Njord LLC dba Zing Broadband, attached as Exhibit "A", is hereby approved and adopted. Section 2. Njord LLC dba Zing Broadband is granted a nonexclusive franchise in accordance with the terms and conditions of said Franchise Agreement. Section 3. This ordinance shall take effect and be in force March 24, 2024 after its passage and publication pursuant to law. ADOPTED AT THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BATTLE GROUND, WASHINGTON, THIS 18TH DAY OF MARCH 2024. This ordinance shall be published in its entirety and be in full force and effective on March 24, 2024, six (6) days from the final passage date in accordance with the law. Approved: Mayor Troy McCoy Attest: City Clerk Elizabeth Halili Ordinance 2024-03 is available for public inspection at Battle Ground City Hall, 109 SW 1st Street, Suite 221, Battle Ground, WA, between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays. Upon request, a copy will be mailed or emailed by contacting the City Clerk at (360) 342-5008 or clerk.info@cityofbg.org. Published in The Reflector: March 27, 2024