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AN ORDINANCE OF THE CITY COUNCIL OF <br />TUKWILA, WASHINGTON, GRANTING A NO <br />FRANCHISE TO MOBILITIE, LLC, A N <br />LIABILITY COMPANY, FOR THE <br />CONSTRUCTING, OPERATING, A <br />SMALL CELLS IN CERTAIN PUB <br />THE CITY; PROVIDING FO <br />ESTABLISHING AN EFFECTIV <br />THE CITY OF <br />-EXCLUSIVE <br />DA LIMITED <br />RPOSE OF <br />INTAINING <br />/RIGHT *WAY IN <br />RABILI ; AND <br />SEV <br />WHEREAS, Mobilitie, LLC, a Ne OR limited ability company, d/b/a Mobilitie, <br />� <br />hereinafter referred to as "Mobilitie" or ` ark , " i a telecommunications company <br />that, among other things, provides City interexchange transport to <br />telecommunications common ding data transmission, linkage to long <br />distance carriers, and other <br />Sound region; and <br />WHEREAS, Mobil'' <br />as "City," requires <br />operation, and mai <br />eco unic ons <br />//O///////// <br />services to customers in the Puget <br />ute through the City of Tukwila, hereinafter referred to <br />v portions of City rights-of-way for the installation, <br />all Cells; and <br />use <br />ance of <br />WHEREAS, the Cit:was determined that the use of portions of the City's rights- <br />of-way for installation of S `; ells 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 />W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 <br />CK:bjs: LH <br />Page 1 of 24 <br />56 <br />