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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />TUKWILA, WASHINGTON, GRANTING TO WHOLESAIL <br />NETWORKS, LLC, AND ITS AFFILIATES, SUCCESSORS, <br />AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY <br />AND NONEXCLUSIVE FRANCHISE TO CONSTRUCT, <br />MAINTAIN, OPERATE, REPLACE, AND REPAIR A <br />TELECOMMUNICATIONS NETWORK IN, ACROSS, OVER, <br />ALONG, UNDER, THROUGH AND BELOW CERTAIN <br />DESIGNATED PUBLIC RIGHTS -OF -WAY IN THE CITY OF <br />TUKWILA; PROVIDING FOR SEVERABILITY; AND <br />ESTABLISHING AN EFFECTIVE DATE. <br />WHEREAS, Wholesail Networks, LLC (the "Franchisee" or "Wholesail") has requested <br />that the City Council grant a nonexclusive franchise (this "Franchise") for purposes of <br />operating and maintaining a telecommunications network; and <br />WHEREAS, the City Council has the authority to grant franchises for the use of its <br />streets and other public properties pursuant to RCW 35A.47.040; and <br />WHEREAS, the Tukwila Municipal Code requires persons who are seeking to operate <br />and maintain wireline telecommunications facilities in City rights -of -way to obtain a <br />franchise to do so; and <br />WHEREAS, the City is willing to grant the rights requested by Franchisee for a wireline <br />franchise subject to certain terms and conditions, which are acceptable to both parties. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, <br />WASHINGTON, HEREBY ORDAINS AS FOLLOWS: <br />Section 1. Franchise. The franchise agreement, attached and incorporated herein <br />as Attachment A, is hereby approved and adopted by the Tukwila City Council. The term <br />of the franchise shall be for five (5) years, commencing on the date the last party executes <br />the franchise. <br />2024 Legislation: Wholesail Networks Franchise Agreement <br />Version: 07/05/2024 <br />Staff: E. Compton <br />Page 1 of 2 <br />2 <br />