2016/09/21 Council Agenda Packet

2 1. RECITALS WHEREAS, the City is authorized to grant franchises for the installation, operation and maintenance of telecommunications services within the City; and WHEREAS, the Grantee, Astound Broadband, LLC d/b/a Wave,has represented to the City that it provides a telephone business as defined by RCW 82.16.010, and has applied to the City for a telecommunications services franchise to construct, operate and maintain a telecommunications service within the City;and WHEREAS, the Grantee is willing to accept such a franchise subject to the terms and conditions stated herein and to abide by these teens and conditions;and WHEREAS, the City Council finds that it would serve the public interest of the residents of the City to grant a non-exclusive telecommunications services franchise to the Grantee subject to the terms and conditions set forth below. NOW, THEREFORE,THE CITY OF EVERETT DOES ORDAIN: 2. DEFINITIONS For the purposes of this Ordinance,the following terms,phrases,words and their derivations shall have the meanings given herein. When not inconsistent with the context,words used in the present tense include the future,words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. 2.1 "Affiliate," when used in connection with Grantee,means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with Grantee. 2.2 "Assurance" shall mean an irrevocable letter of credit from a financial institution satisfactory to the City, a performance bond or other form of assurance of financial responsibility reasonably acceptable to the City. All Assurances shall be in a form acceptable to the City's Risk Manager and City Attorney,and if a bond,with a surety acceptable to the City's Risk Manager and City Attorney. 2.3 "Cable Service" means (a)the one-way transmission to subscribers of(i)video programming, or(ii) other programming service, and(b) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. 2.4 "City" is the City of Everett, Washington, a body politic and corporate under the laws of the State of Washington, and all of the area within its boundaries, as such may change from time to time. 2.5 "City Council" means the Everett City Council, or its successor,the governing body of the City of Everett. 4dff31