Ordinance 4348ORDINANCE NO. 4348
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"), extended by Ordinance 4322,
authorizing the installation of certain macro facilities in the city's right of way with a term of
twenty years; and
WHEREAS, the Underlying Agreement, as extended by Ordinance 4322, states an
expiration of January 31, 2024; and
WHEREAS, the City invoiced Permittee in December 2023 the amount of $4,900.05 for
monies due under the Underlying Agreement, and Permittee has paid that amount; and
WHEREAS, the City has begun the process of obtaining an appraisal; and
WHEREAS, Permittee holds another franchise under Ordinance 3534 expiring in
approximately one year; and
WHEREAS, both Permittee and the City would like to sync the Underlying Agreement
with the franchise held under Ordinance 3534; and
WHEREAS, both Permittee and the City desire that the Underlying Agreement remain in
effect for another several months to allow the City more time to explore funding for an appraisal
and to sync the two franchises; 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:
Term Extended. The Master Use Agreement authorized by Ordinance 3441 (the
"Underlying Agreement"), the term thereof extended by Ordinance 4322, is amended to
further extend its term: the term shall extend through August 31, 2024. For the avoidance
of doubt, while the effective date of this ordinance may be after January 31, 2024, both
Permittee and City agree all franchise rights and obligations extend continuously through
August 31, 2024.
Annual Compensation Prorated During the Extended Term. The annual compensation as
provided for in the Underlying Agreement shall be prorated during the extended term
authorized in Section 1 of this ordinance. This prorated annual compensation shall be due
and payable to the City of Edmonds within thirty (30) days of Permittee's receipt of the
City's invoice. The City's invoice may be sent to the following address:
AT&T Mobility TAG - Lease Administration
Re: Urgent — City of Edmonds Franchise Invoice
1025 Lenox Park Blvd NE
3'd Floor
Atlanta, GA 30319-5309
An electronic copy shall also be sent by the City to Permittee's designated recipient.
3. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
4. In all other respects, the Underlying Agreement between the parties is unchanged and shall
remain in full force and effect.
5. 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.
[Remainder of Page Intentionally Left Blank]
CITY OF EDMONDS
M YOR IICE ROSEN
ATTEST/AUTHENTICATED:
CITY CLERK SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
JEFF TARAD Y
FILED WITH THE CITY CLERK: February 14, 2024
PASSED BY THE CITY COUNCIL: February 20, 2024
PUBLISHED: February 23, 2024
EFFECTIVE DATE: February 28, 2024
ORDINANCE NO.: 4348
NEW CINGULAR WIRELESS PCS, LLC
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name:
Title:
STATE OF I)Z[C Cho
SS
COUNTY OF WASH 10 6- D
Date: A " ccz) ^ ZA—
Before me, 1-1 - 1 D - Z bl , on this day personally appeared
6fl known to me
to be the person whose name is subscribed to this instrument and known to me to be the [insert
title]iu *" ,vs rGle Peso LC
of AT4-1 PtCAP-Oacv4irn 6W 1 and acknowledged
to me that he/she executed the said instrument for the urposes 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 of office this A_b day of r1I L. .2024.
OFFICUILSTAMP y Inr�
STACEY BUNTON! ub1 is
NOTARY PUBLIC • OREWN
COMMISSION NO.1043135
MY COMMISSION EXIRES DECEMBER 05, 2W T01
Printed Name
My Commission Expires
Z, - S ' z-9-
4
SUMMARY ORDINANCE NO. 4348
of the City of Edmonds, Washington
On the 201h day of February, 2024, the City Council of the City of Edmonds, passed
Ordinance No. 4348. 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, DB/A AT&T WIRELESS,
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 201h day of February, 2024.
Sm- -
CITY CLERK, SCOTT PASSEY
5
Everett Daily Herald
Affidavit of Publication
State of Washington j
CO11111)' of, Snollotllish } SS
N,Iichacl Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
rcpresentati\c of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
nee�spaper by order of the superior court in the
county in which it is published and is now and
ha, peen for more than s.i.x months prior to the
date ol• the firs publication of the Notice
hcrcinafter rclerred to, published in the English
languasc conrinually as a daily newspaper in
Snohrnnnish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
nc,vspaper, in accordance with the Chapter 99
of the Lzms of 1921. as amended by Chapter
213. Laws of 1 `)4l. and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, Stale of Washington, by
order dated .tune 16, 1941, and that the annexed
is a true copy of EDI1991956 ORDINANCE
SUNCMARY as it was published in the regular
and entire issue of said paper and not as a
supplement form thcreol' for a period of I
issuc(s), such publication commencing on
02/23/2024 and cndin,7 on 02/23/2024 and that
said newspaper uas regularly distributed to its
subscribers during cell of said period.
The .unRnWA
S`4 2ti
Subscribed and sworn befo , me on this
d7y 01'
#W-Vblic in and for the State of
\Vnshin,lon_
(WF,:,llolicI-LEGALADS. 14IIII.II
sc u rr I:%SS F.
Linda PhAfips
lvtary Pubila
h hington ►
5ta13 of ldas
tjy a�pn�n[ne^i cx:•iras 8J�4�2UZ5
Gammiss3an I�um7ur ut�,�
Classified Proof
HCE Sii MARY
Of Iha I OF OndY, ailltl�tOn
On the 2Oth Day of February, 2023, the Clly Ooune IT of Ih0 CIry of
Edmonds, Wssed 111M fONOWIn ONinanee s, M43 summorfee Of wld
ordinances corvsislln0 of 14109 Ore JXOVWOO as follow 5:
ORDINANCE �- 4343
AN ORDINANCE I DS, WASHINGTON.
AMENDING SECTION 1.031020 ECC ENTITLED -POSTING OF
NOTICES" TO REMOVE THE EDMONDS PUBLIC LIBRARY AS A
POSTING LOCATION; PROVIDING FOR SEVERABILITY; AND
SETTtNGAN£FFECTIVE DATE -
ORDINANCE NQ. d344
AN ORDINANCE OF TH I Y OF E4b1gD8. WASHINGTON,
AMENDING THE C17Y I AUTHORIZED EMPLOYEE POSITIONS
AND PAY RANGES AN D R EPFR LING ORDNANCE 4336.
ROTNANC NQ- 4345
AN ORDINANCE O H I Y ❑ ONDS, WASHIN.T.N.
AMENDING CHAPTER 5.34 ECC (PERSONS, GRIMES
RELATING TO) TO UPDATE THE REFERENCE TO STATE LAW
REGARDING INTERFERENCE WITH HEALTH CARE
FACILITIES OR PROVIDERS; FROVIDING FOR SEVERAelLITY;
AND SETTING AN EFFECTIVE DATE
ORDINANCE NO. 4346
AN ORDINANCE ❑ H 'i M DS, WASHINGTON,
AMENDING GHAPTM 3.34 =CC (PERSONS, CRIMeS
RELATINGTO) TOAD0PTBYREFER ENCESTATUTE .
PRC,hi BITING ASAND0NIhcf.-- OF A DEFE MDEN PERSON
AND TO REMOVE REFERENCE TO CY5FR STALKING
STATUTE; PROVIDING FOR SEVERABIL(TY; AND SETTING
AN EFFECTIVE DATE.
'MAN EN -4347
AN ORDINANCE OF THE I OF EDMON0S. WASKNGTON.
AFLSING REPRES NTATiONS)TO
FAEEADOPT BYREFERENCE
IDENTIFCATION;FROVIDINGFOR3EV RA61LITY;AND
SETTING AN EFFECTIVE DATE.
ORDIhAN ENO 4
AN ORDINANCE OFTHECITYOF EDMONDS. WASHINGTON.
GRANTING TO NEW GINGULAR WIRELESS PCS. LLC, A
DE LA►VARE LIGHTED LIABILITY COMPANY, SUCCESSOR IN
INTEREST N.
a OREEGON LIMITED LIA61 ITY COMPANY, OVA SEWCES OF AT&T
WIRELESS ITS SUCCESSORS AND ASSIGNS, AN EXTENSION
OF THE FRANCHISE GRANTED UNDER OROIHANCE 3441,
ESTABLISHING AN EFFECTIVE DATE.
.DATED this 20th Day ut Fe bcuary, 2024,
CITY CLERK,,SCOrr PASSEY
Published: February 23. 2024. EDH991956
Proofed by Phillips, Linda, 02/23/2024 03:03:54 pm Page: 2