HomeMy WebLinkAboutORD 6141 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6141
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO NEW
CINGULAR WIRELESS PCS, LLC AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS,
THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE EXTENSION
FOR FIVE YEARS,TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A
TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY IN, ACROSS,
OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC
RIGHTS-OF-WAY OF THE CITY OF RENTON, WASHINGTON PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, New Cingular Wireless PCS, LLC ("Franchisee") was granted a five (5) year
nonexclusive franchise pursuant to Ordinance 5936 on November 4, 2019 ("Franchise"); and
WHEREAS, Section 1.1 of Ordinance 5936 states "at any time not less than sixty (60) days
before the expiration of the current Franchise term, Franchisee may make a written request for
an additional Franchise term of five (5) years. City shall grant such request to Franchisee, in
accordance with then-applicable laws, unless Franchisee is or has been in default of the terms of
this Franchise beyond applicable notice and cure periods;" and
WHEREAS, Renton Municipal Code 5-19-5 allows the Franchisee to renew its term unless
certain ability, capacity, compliance, or other conditions exist; and
WHEREAS, RCW 35A.47.040 does not restrict extension or renewal of this Franchise; and
WHEREAS, the federal Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.) does not
restrict an extension of the Franchise; and
WHEREAS, on May 29, 2024, the Franchisee submitted a written request to the City of
Renton requesting an additional Franchise term of five years; and
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ORDINANCE NO. 6141
WHEREAS, the City has reviewed the Franchise record and confirmed that the Franchisee
is not in violation of conditions of RMC 5-19-5, and is not, nor has been, in default of the terms
of the Franchise beyond applicable notice and cure periods.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I.The Franchise granted by Ordinance 5936 is extended for five (5)years,subject
to the Franchisee's acceptance by its authorized representative signing the Statement of
Acceptance attached hereto as Exhibit A, and commencing on the effective date of this
ordinance, set forth in Section III herein.
SECTION II. If any section, subsection, sentence, clause, phrase, or word of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section,
subsection, sentence, clause, phrase, or word of this ordinance.
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL the 28th day of October, 2024.
Jaso A. Seth, C Clerk
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ORDINANCE NO. 6141
APPROVED BY THE MAYOR this 28th day of October, 2024.
Armondo Pavone, Mayor
Approved as to form:
`'•y of RE
Shane Moloney, City Attorney � 24111.
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Date of Publication: 10/31/2024 (Summary) _ * ' SEAL = *
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ORD CED:240RD015:10/17/2024
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ORDINANCE NO. 6141
EXHIBIT A
STATEMENT OF ACCEPTANCE
New Cingular Wireless PCS, LLC, for itself, its successors and assigns, hereby accepts and agrees
to be bound by all lawful terms, conditions and provisions of the Franchise referenced in the
extension attached hereto and incorporated herein by this reference.
New Cingular Wireless PCS, LLC, a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
AT&T Mobility Corporation
By:
Name:
Title:
STATE OF
) ss.
COUNTY OF
On this day of , 20 before me personally appeared
, to me known to be the
(title) of (corporation), and acknowledged said instrument
to be the free and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that he or she was authorized to execute said
instrument and that the seal affixed (if any) is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary (Print)
Notary Public in and for the State of
Residing at:
My Commission expires:
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