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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 MOBILITIE, LLC, A NEVADA LIMITED <br />LIABILITY COMPANY, FOR THE PURPOSE OF <br />CONSTRUCTING, OPERATING, AND MAINTAINING SMALL <br />CELLS IN CERTAIN PUBLIC RIGHTS-OF-WAY IN THE CITY; <br />PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN <br />EFFECTIVE DATE. <br />WHEREAS, Mobilitie, LLC, a Nevada limited liability company, d/b/a Mobilitie, <br />hereinafter referred to as "Mobilitie" or "Franchisee" is a telecommunications company <br />that, among other things, provides high capacity interexchange transport to <br />telecommunications common carriers, including data transmission, linkage to long <br />distance carriers and other telecommunications services to customers in the Puget Sound <br />region; and <br />WHEREAS, Mobilitie's desired route through the City of Tukwila, hereinafter referred to <br />as "City," requires the use of certain portions of City rights-of-way for the installation, <br />operation, and maintenance of Small Cells; and <br />WHEREAS, the City Council has determined that the use of portions of the City's rights- <br />of-way for installation of Small Cells is appropriate from the standpoint of the benefits to be <br />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 fiber optic system and <br />transmission of communications; <br />137061302.3 <br />42 <br />