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4 <br /> 1. RECITALS <br /> WHEREAS, the City is authorized to grant franchises for the installation, operation and <br /> • maintenance of telecornmunications services within the City;and <br /> WHEREAS,the Grantee, Zayo Group,LLC,applied to the City for a telecommunications services <br /> • franchise to construct,operate and maintain a 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 finds that it would serve the public interest of the residents of the <br /> City to grant a non-exclusive telecommunications services franchise to the Grantee subject to the <br /> terms and conditions set forth below. <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 /> hof 30 <br />