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manual. Grantee may not commence any construction unless and until the locations and design of <br /> the Facilities are approved by the Public Works Director or designee. Approval will be granted <br /> with the issuance of a construction permit. After such approval, Grantee may only install the <br /> Facilities in the manner (design) and at the locations approved by the Public Works Director or <br /> designee and within the scope of the approved construction permt.. <br /> B. Grantee must follow City requirements for placement of Facilities in Rights-of-Way, including <br /> the specific location of Facilities in the Rights-of-Way, and must in any event install Facilities in a <br /> manner that minimizes interference with the use of the Rights-of-Way by others, including others <br /> that may be installing communications facilities. The City may require that Facilities be installed at <br /> a particular time, at a specific place or in a particular manner as a condition of access to a particular <br /> Right-of-Way; may deny access if Grantee is not willing to comply with City's requirements; and <br /> may remove, or require removal of, any Facility that is not installed in compliance with the <br /> requirements established by the City, or which is installed without prior City approval of the time, <br /> place or manner of installation, and charge Grantee for all the costs associated with removal; and <br /> may require Grantee to cooperate with others to minimize adverse impacts on the Rights-of-Way <br /> through joint trenching and other arrangements. With regard to its management of the Rights-of- <br /> Way, the City shall treat the Grantee and other users of the Rights-of-Way in a competitively <br /> neutral and nondiscriminatory manner in accordance with applicable law. <br /> C. The granting of this Franchise is not a substitute for any other City required approvals to <br /> construct Franchisee's Facilities in the Rights-of-Way. The parties agree that such City <br /> approvals (except Right-of-Way use permits as described in Section 8.3) are not considered use <br /> permits, as that term is defined in RCW 35.99.010. Therefore, with the exception of permits <br /> described in Section 8.3, City approvals are not subject to the thirty (30) day issuance <br /> requirement described in RCW 35.99.030. <br /> 3.3. Effective Date and Term of Franchise <br /> This Franchise and the rights,privileges and authority granted hereunder shall take effect thirty days <br /> after adoption by City Council (the "Effective Date"), and shall terminate ten years later on the <br /> tenth anniversary of the Effective Date, unless terminated sooner as hereinafter provided. <br /> 3.4. Franchise Nonexclusive <br /> This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements or licenses <br /> granted by the City to any Person to use any property, Right-of-Way, right, interest or license for <br /> any purpose whatsoever, including the right of the City to use same for any purpose it deems fit, <br /> including the same or similar purposes allowed Grantee hereunder. The City may at any time grant <br /> authorization to use the Rights-of-Way for any purpose not incompatible with Grantee's authority <br /> under this Franchise and for such additional franchises for telecommunications systems as the City <br /> deems appropriate. <br /> 3.5. Police Powers <br /> New Cingular Wireless PCS,LLC <br /> Small Cell Franchise 9 of 33 <br />