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 II E 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
) SS
COUNTY OF 1
Date:
Before me, on this day personally appeared
, known to me
to be the person whose name is subscribed to this instrument and known to me to be the [insert
title l
of , 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 of office this day of
My Commission Expires:
4
Notary Public
Printed Name
.2024.
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.
SJL- -
CITY CLERK, SCOTT PASSEY
Everett Daily Herald
Affidavit of Publication
State of Washington j
Coldly' of, S1lolloillish } 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
newspaper 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
elate of the firs publication of the Notice
hereinafter rcicrred to, published in the English
langunsc continually 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
cil'culation 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 ending on 02/23/2024 and that
said newspaper uas regularly distributed to its
subscribers during cell of said period.
The .urnn. ol. the Ice 11
S`4 2ti
Subscribed and sworn N�ome on this
(fay OI'
N: „Iry Public in and for the State of
\Vnshin,lon.
(1,-LEGALADS 14li�l•�l
sc U"rr I'.%ss f.l'
Linda Phillips
lotary Public
Stara of \r'3sh1n;ton
I,ty pppgfitntrtl et:iras 812') 2025
Commi551ort Il'1m7nr Lit��}_�
Classified Proof
fin
AE SdUt,.1O 1ARY
ecilrion
a5mnqfen
On the 20th Day of February. 2024. file City Council OI the City of
Edmonds, passed the lolonng Ordinances, the summaries of said
ordinances eonsisUng of titles are provided as follows'.
ORDINANCE NO. 4343
AN ORDINANCE O R�MONOS, WASHINGTON.
AMENDING SECTION 1.03.020 ECC ENTITLED -POSTING OF
NOTICES' TO REMOVE THE EDMONDS PUBLIC LIBRARY AS A
POSTING LOCATION; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
ORDINANCE NO. 4344
AN ORDINANCE OF H CITY F D. ONDS, WASHINGTON.
AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS
AND PAY RANGES AND REPEALING ORDINANCE 4336.
R INANCE NO. 4345
AN ORDINANCE OF THE CITY OTTYRGADS, WASHINGTON.
eC AMENDING n�naR 5.34 FREFOIMES
uTE TMF RFFNCE TO STATE LAW
FACILITIES OR PROVIDERS; PHOVILI'Mia rum x—"-- '
AND SETTING AN EFFECTIVE DATE
ORDINANCE NO < dam¢
AN ORDINANCEM 't 1 DS, WASHINGTON,
AMENDING CHAPTER 5 34 ECC (PERSONS. CRIMES
RELATING TO) TO ADOPT BY REFERENCE STATUTE
PROHIBITING ABANCIONMEN-7 OF A DEPENDENT PERSON
AND TO REMOVE REFERENCE TO CYBER STALKING
STATUTE; PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE.
AN ORDINANCC Ur I Mt W I * yr Ev wo. ••-----
AMENDING CHAPTER 5.28 ECC (FRAUDS. SWINDLES AND
FALSE REPRESENTATIONS) TO ADOPT BY REFERENCE
STATE LAW PROHIBITING POSSESSION OF ANOTHER'S
IDENTIFICATION; PROVIDING FOR SEVERABIUTY,AND
SETTING AN EFFECTIVE DATE.
ORDINANCE 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.
I.I.C. 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
DATED this 20th Day of Fetlfuary, 2024.
CITY CLERK, SCOTT PASSEY
Published: February 23. 2024. EDH991956
Proofed by Phillips, Linda, 02/23/2024 03:03:54 pm Page: 2