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DRAFT <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br /> TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE <br /> FRANCHISE TO MCIMETRO ACCESS TRANSMISSION <br /> SERVICES CORP., A DELAWARE CORPORATION, d/b/a <br /> VERIZON ACCESS TRANSMISSION SERVICES, LEGALLY <br /> AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF <br /> WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, <br /> OPERATING, AND MAINTAINING A TELECOMMUNICATIONS <br /> SYSTEM IN CERTAIN PUBLIC RIGHTS-OF-WAY IN THE CITY; <br /> PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN <br /> EFFECTIVE DATE. <br /> WHEREAS, MClmetro Access Transmission Services Corporation, d/b/a Verizon <br /> Access Transmission Services, hereinafter referred to as "MClmetro" or "Franchisee," is <br /> a telecommunications company that, among other things, provides high capacity <br /> interexchange transport to telecommunications common carriers, including data <br /> transmission, linkage to long distance carriers and other telecommunications services to <br /> customers in the Puget Sound region; and <br /> WHEREAS, MClmetro's desired route through the City of Tukwila, hereinafter referred <br /> to as "City," requires the use of certain portions of City rights-of-way for the installation, <br /> operation, and maintenance of a telecommunications system; and <br /> WHEREAS, the City Council has determined that the use of portions of the City's <br /> rights-of-way for installation of a telecommunications system is appropriate from the <br /> standpoint of the benefits to be derived by local business and the region as a result of <br /> such services; and <br /> WHEREAS, the City Council also recognizes that the use of public rights-of-way must <br /> be restricted to allow for the construction of amenities necessary to serve the future needs <br /> of the citizens of Tukwila and that the coordination, planning and management of the City's <br /> rights-of-way is necessary to ensure that the burden of costs for the operations of non- <br /> municipal interests are not borne by the citizenry; and <br /> WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and <br /> regulate non-exclusive franchises for the use of public streets, right-of-ways and other <br /> 32 <br />