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3 <br /> 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,NEW CINGULAR WIRELESS PCS,LLC, has represented to the City that it <br /> provides a telephone business as defined by RCW 82.16.010, and has applied to the City for a <br /> telecommunications services franchise to construct, operate and maintain a telecommunications <br /> system within the City; and <br /> WHEREAS, the Grantee will construct, operate, and maintain a telecommunications system using <br /> small cell facilities in accordance with the terms of this franchise; and <br /> WHEREAS, small cell technology continues to develop and, therefore, the City and the Grantee <br /> recognize that the form of a small cell franchise may change over time to better provide terms and <br /> conditions suited to the City's and the Grantee's needs; and <br /> WHEREAS, the Grantee is willing to accept this 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 /> New Cinb lar Wireless PCS,LLC <br /> Small Cell Franchise 4 of 33 <br /> 13 <br />