Ordinance 3625-18 - Laserfiche WebLink

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, Seattle SMSA Limited Partnership, a Delaware limited partnership, d/b/a Verizon Wireless, has represented to the City that it provides a telephone business and is a service provider, as defined by RCW 85.21.860 and 82.16.010, and has applied to the City for a telecommunications services franchise to construct, operate and maintain telecommunications systems within the City; and WHEREAS, the Grantee will construct, operate, and maintain telecommunications systems using Small Cell Facilities(as hereinafter defined)in accordance with the terms of this franchise; and WHEREAS, small cell technology continues to develop and, therefore, the City and the Grantee recognize that the form of a small cell franchise may change over time to better provide terms and conditions suited to the City's and the Grantee's needs; and WHEREAS,the Grantee is willing to accept this franchise subject to the terms and conditions stated herein and to abide by these terms 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 reasonably acceptable to the City's Risk Manager and City Attorney, and if a bond, with a surety reasonably acceptable to the City's Risk Manager and City Attorney. Seattle SMSA Limited Partnership (Verizon Wireless) Small Cell Franchise 4 of 33