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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