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1. RECITALS <br /> WHEREAS, the City is authorized to grant franchises for the installation, operation and <br /> maintenance of telecommunications services within the City; and <br /> WHEREAS, the Grantee, Advanced TelCom, Inc., dba Advanced TelCom Group, applied to the <br /> City for an telecommunications services franchise to construct, operate and maintain a <br /> telecommunications service within the City; and <br /> WHEREAS, the Grantee is willing to accept such a franchise subject to the terms and conditions <br /> stated herein, and to abide by these terms and conditions; and <br /> WHEREAS, the City Council hereby finds that it would serve the public interest of the citizens of <br /> the City to grant a non-exclusive telecommunications services franchise to the Grantee subject to <br /> the terms and conditions hereinafter set forth. <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 2. DEFINITIONS <br /> For the purposes of this Ordinance, the following terms,phrases, words and their derivations <br /> shall have the meanings given herein. When not inconsistent with the context, words used in the <br /> present tense include the future, words in the plural include the singular, and words in the <br /> singular include the plural. Words not defined shall be given their common and ordinary <br /> meaning. The word "shall" is always mandatory and not merely directory. <br /> 2.1 "Affiliate," when used in connection with Grantee,means any Person who owns or controls, <br /> is owned or controlled by, or is under common ownership or control with Grantee. <br /> 2.2 "Assurance" shall mean an irrevocable letter of credit from a financial institution satisfactory <br /> to the City, a performance bond or other form of assurance of financial responsibility reasonably <br /> acceptable to the City. All Assurances shall be in a form acceptable to the City's Risk Manager and <br /> City Attorney, and if a bond,with a surety acceptable to the City's Risk Manager and City Attorney. <br /> 2.3 "Cable Service" means (a) the one-way transmission to subscribers of(i) video <br /> programming, or(ii) other programming service, and(b) subscriber interaction, if any, which is <br /> required for the selection or use of such video programming or other programming service. <br /> 2.4 "City" is the City of Everett, Washington, a body politic and corporate under the laws of the <br /> State of Washington, and all of the area within its boundaries, as such may change from time to <br /> time. <br /> 2.5 "City Council" means the Everett City Council, or its successor, the governing body of the <br /> City of Everett. <br /> 4 of 29 <br />