Ordinance 4322ORDINANCE NO. 4322
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO NEW
CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY,
SUCCESSOR IN INTEREST TO AT&T WIRELESS SERVICES OF WASHINGTON, LLC, AN
OREGON LIMITED LIABILITY COMPANY, D/B/ A AT&T WIRELESS ITS SUCCESSORS
AND ASSIGNS, AN EXTENSION OF THE FRANCHISE GRANTED UNDER ORDINANCE
3441, ESTABLISHING AN EFFECTIVE DATE
RECITALS
WHEREAS, New Cingular Wireless PCS, LLC, successor in interest to AT&T Wireless
Services of Washington, LLC, an Oregon limited liability company, d/b/a AT&T Wireless; its
successors and assigns ("Permittee"), has an existing Master Use Agreement with the City of
Edmonds that is ordinance 3441 (the "Underlying Agreement) authorizing the installation of
certain macro facilities in the city's right of way with a term of twenty years; and
WHEREAS, Permittee has requested a renewal of the Underlying Agreement; and
WHEREAS, Permittee and the City have been working on a renewal but have more work
to do; and
WHEREAS, both Permittee and the City desire that the Underlying Agreement remain in
effect for another several months to allow the parties to complete their work; and
WHEREAS, the City Council has the authority under RCW 35A.47.040, RCW 35.99.020
and Chapter 20.50 of the Edmonds Community Development Code to grant franchise agreements
for the use of city right-of-way.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
1. Term Extended. The Master Use Agreement authorized by ordinance 3441 (the Underlying
Agreement) is amended to extend its term: the term shall extend through January 31, 2024.
In all other respects, the Underlying Agreement between the parties is unchanged and shall
remain in full force and effect.
2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the
City legislative body, is not subject to referendum, and shall take effect five (5) days after
the passage and publication of an approved summary thereof consisting of the title.
1
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By-~~
.JE;TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
CITY OF EDMONDS
ATTEST/ AUTHENTICATED:
September 15, 2023
September 19, 2023
September 22, 2023
September 27, 2023
4322
2
SUMMARY ORDINANCE NO. 4322
of the City of Edmonds, Washington
On the 19th day of September, 2023, the City Council of the City of Edmonds, passed Ordinance
No. 4322. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS
PCS, LLC, SUCCESSOR IN INTEREST TO AT&T WIRELESS
SERVICES OF WASHINGTON, LLC, D/8/AAT&TWIRELESS,
ITS SUCCESSORS AND ASSIGNS, AN EXTENSION OF THE
FRANCHISE GRANTED UNDER ORDINANCE 3441,
ESTABLISHING AN EFFECTIVE DATE
The full text of this Ordinance will be mailed upon request.
DATED this 19th day of September, 2023.
C
4
NEW CINGULAR WIRELESS PCS, LLC
By: AT&T Mobility Corporation
Its: Manager
By (:j_~L
Print Name: Jlayne Wooten
Title: Director
STATEOF OREGON )
) ss
COUNTY OF WASHINGTON )
Date : -----------
Before me, Judith Mullen , on this day personally appeared
Wayne Wooten , known to me
to be the person whose name is subscribed to this instrument and known to me to be the [insert
title] Director
of New Cingular Wireless PCS LLC. AT&T Mobility Corporation . and acknowledged
to me that he/she .executed the said instrument for the purposes and consideration therein
expressed, on behalf of said corporation, and acknowledged the 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/she is authorized to execute the said instrument and that the .seal affixed is
the corporate seal of said corporation.
Given under my hand and seal ofoffice this /,,S:~ay of -/4..,.jusC 2023 .
OFFICIAL STAMP
JUDITH MULLEN
NOTARY PUBLIC-OREGON
COMMISSION NO. 1035901
MY COMMISSION EXPIRES APRIL 11, 2027
My Commission Expires: __ 4_,_,_/...._1....,.1 l.-2 ..... 02 .... 7'-----
3
, ~~ti~
N o ary Public
Judith Mullen
Printed Name
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and 1s of general
circulation m said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213. Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16 , 1941, and that the annexed
is a true copy of EDH984495 ORDINANCE NO.
4322 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
09 /22/2023 and ending on 09/22/2023 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the
$30 .96.
Subscribed and sworn
is
:=l._L~ day of?--~~!::::::i!:::~~~
~~ Notary Public in and f:=
Washington.
City of Edmonds -LEGAL ADS j 14101416
NICHOLAS f.\LK
Linda Ph l lllps
Notary Public
Sl ate oft, ;;sh i ngton
My Appo 1n:nl~r ,l E,(.~tft:~ S 2lill :io25
C~n1111 ls !um t,tJtUb-v.r ~17
Classified Proof
OROINANCE SUMMARY
of U,e City of Eii111Dnilii, Wa!hlngton
On tho 1911\ day or September 2023, tho Cl tY Council of IM City or
Edmonds, passed lhe rollowlng OtdlMn<0, lho summary of said
ord lntmte consls.trng or UU& Is provided as foUOWJi.
-ORDINANCE NO. 4322
AN OROINA'NCE OF THE CITY OF EDMONDS ,
WASHINGTON, GRANTING TO NEW CINGULAR
WIRELESS PCS. LLC, A DELAWARE LIMITED LIABILITY
COMPANY, SUCCESSOR IN INTEREST TO AT&T
WIRELESS SERVICES OF WASHINGTON, LLC . AN
~~J~i~s Lll~T'0sJ6i~;'roR~m~~~NYAs~:~~s.AT!!
EXTENSION OF THE FRANCHISE GRANTED UNOER
ORDINANCE 3441 , ESTABLISHING AN EFFECTIVE OATE
g~~egL~~~.?cgiµ;. om~l~~bcr. 2023 .
Published: Scptembor 22 . 2023. EDH984495
Proofed by Phillips, Linda, 09/22/2023 02:05:01 pm Page: 2