2021/09/22 Council Agenda Packet

ORDINANCE NO. ________ An Ordinance Granting a Five-Year Extension for Telecommunications Franchise to Astound Broadband, LLC D/B/A Wave WHEREAS, A. The City is authorized to grant franchises for the installation, operation and maintenance of telecommunications services within the City. B. By Ordinance 3511-16, the City granted a Telecommunications Franchise to Astound Broadband, LLC d/b/a Wave. The franchise granted by Ordinance 3511-16 is referred to as the “Franchise.” Astound Broadband, LLC d/b/a Wave is referred to as the “Grantee.” C. The Franchise has a term of five years. Since the Franchise became effective on October 29, 2016, the franchise expires on October 29, 2021. D. The Grantee has represented to the City that it provides a telephone business as defined by RCW 82.16.010, and has requested that the City grant a five-year extension of the Franchise. E. The Grantee is willing to accept such an extension subject to the terms and conditions stated herein and to abide by these terms and conditions. F. The City Council finds that it would serve the public interest of the residents of the City to grant to Grantee the five-year extension of the Franchise, subject to the terms and conditions set forth below. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. The Franchise is extended for five years, so that it terminates on October 29, 2026. Section 3.3 of Ordinance 3511-16 is therefore amended as follows, with underlined text added and strike-out text deleted: 3.3 Effective Date and Term of Franchise This Franchise and the rights, privileges and authority granted hereunder shall take effect thirty days after adoption by City Council (the "Effective Date"), and shall terminate on October 29, 2026five years later on the fifth anniversary of the Effective Date, unless terminated sooner as hereinafter provided.