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ashin <br />Ordinance No. <br />on <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 <br />SMALL CELLS IN CERTAIN PUBLIC RIGHTS -OF -WAY IN <br />THE CITY; PROVIDING FOR SEVERABILITY; AND <br />ESTABLISHING AN 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 <br />Sound 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 />W: Word Processing \Ordinances\Mobilitie Franchise Agreement 7-30-18 <br />CK:bjs: <br />Page 1 of 22 <br />