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Section 2. Terms & Conditions. The terms and conditions governing the franchise <br />specified in Section 1 shall be those set forth on Attachment A to this Ordinance and <br />incorporated herein by this reference as if set forth in full. <br />Section 3. Deadline for Acceptance. The rights and privileges granted pursuant to <br />this Ordinance shall not become effective until its terms and conditions are accepted by <br />Wholesail Networks, LLC. Such acceptance shall contain any required letter of credit, <br />evidence of insurance, all applicable fees pursuant to Section 14 of the Franchise, and <br />shall be filed with the City Clerk within sixty (60) days after the effective date of this <br />Ordinance. Such instrument shall conform substantially to Attachment B, and evidence <br />the unconditional acceptance of the terms hereof and a promise to comply with and abide <br />by the provisions, terms and conditions hereof. <br />Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon <br />approval of the City Attorney, the City Clerk and the code reviser are authorized to make <br />necessary corrections to this ordinance, including the correction of clerical errors; <br />references to other local, state or federal laws, codes, rules, or regulations; or ordinance <br />numbering and section/subsection numbering. <br />Section 5. Severability. If any section, subsection, paragraph, sentence, clause or <br />phrase of this ordinance or its application to any person or situation should be held to be <br />invalid or unconstitutional for any reason by a court of competent jurisdiction, such <br />invalidity or unconstitutionality shall not affect the validity or constitutionality of the <br />remaining portions of this ordinance or its application to any other person or situation. <br />Section 6. Effective Date. This ordinance or a summary thereof shall be published <br />in the official newspaper of the City, and shall take effect and be in full force five days <br />after passage and publication as provided by law. <br />PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, <br />a Regular Meeting thereof this day of , 2024 <br />ATTEST/AUTHENTICATED: <br />Andy Youn, CMC, City Clerk Thomas McLeod, Mayor <br />APPROVED AS TO FORM BY: Filed with the City Clerk: <br />Passed by the City Council: <br />Published: <br />Effective Date: <br />Ordinance Number: <br />Office of the City Attorney <br />Attachments: Attachment A — Wholesail Networks, LLC, Franchise Agreement <br />Attachment B — Wholesail Networks, LLC, Statement of Acceptance <br />2024 Legislation: Wholesail Networks Franchise Agreement <br />Version: 07/05/2024 <br />Staff: E. Compton <br />Page 2 of 2 <br />3 <br />