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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 NEW CINGULAR WIRELESS PCS, LLC, A <br />DELAWARE LIMITED LIABILITY COMPANY, FOR THE <br />PURPOSE OF CONSTRUCTING, OPERATING, AND <br />MAINTAINING A TELECOMMUNICATIONS SYSTEM IN <br />CERTAIN PUBLIC RIGHTS-OF-WAY IN THE CITY; PROVIDING <br />FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE <br />DATE. <br />WHEREAS, New Cingular Wireless PCS, LLC, a Delaware limited liability company, <br />hereinafter referred to as "Franchisee" is a telecommunications company that, among <br />other things, provides personal wireless service, including data transmission, and other <br />telecommunications services to customers in the Puget Sound region; and <br />WHEREAS, Franchisee'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 rights- <br />of-way for installation of a telecommunications system is appropriate from the standpoint of <br />the benefits to be derived by local business and the region as a result of 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, rights-of-way, and other <br />public property for installation, operation, and maintenance of a telecommunications system <br />and transmission of communications; <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, <br />WASHINGTON, HEREBY ORDAINS AS FOLLOWS: <br />18 <br />