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Redmond, Washington Ordinance No. [1869]

Not an official copy.

City of Redmond, Washington
Ordinance No. [1869]

AN ORDINANCE OF THE CITY OF REDMOND, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A MASTER RIGHT-OF-WAY USE AGREEMENT WITH AT&T WIRELESS SERVICES AND ALSO AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENTS WITH OTHER UTILITIES AND BUSINESSES WISHING TO LOCATE AND OPERATE COMMUNICATION LINES AND OTHER FACILITIES IN CITY RIGHTS-OF-WAY IN THE FUTURE WITHOUT THE NEED FOR FURTHER COUNCIL APPROVAL.


        WHEREAS, the City Council has previously approved a master form right-of-way use agreement for utilities and businesses desiring to locate communication lines and facilities in City rights-of-way and has authorized its execution with several users, and

        WHEREAS, the City has received a request from AT&T Wireless Services to enter into a master right-of-way use agreement with the City, and

        WHEREAS, the City Council desires to authorize execution of a master right-of-way agreement with AT&T Wireless Services and also to authorize the Mayor to execute such agreements with other such utilities and businesses in the future without having to seek Council approval for each individual agreement, NOW, THEREFORE,

THE CITY COUNCIL OF THE CITY OF REDMOND, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. Authorization for Signature. The Mayor is hereby authorized to execute a Master Right-of-Way Use Agreement with AT&T Wireless Services. The Master Right-of-Way Use Agreement shall be substantially in the form attached to this ordinance as Exhibit A. AT&T Wireless Services shall have a period of thirty days from the passage of this ordinance to accept the terms and conditions of the Master Right-of-Way Use Agreement, which shall not take effect until executed by both parties to the Agreement. In the event that AT&T Wireless Services does not so accept within thirty days, the authorization provided in this section shall be null and void.

Section 2. Authorization for Mayor to Execute Master-Right-of-Way Use Agreements with Other Users. The Mayor is hereby authorized to execute Master Right-of-Way Use Agreements with other utilities and businesses seeking City permission to locate and operate communications lines and/or other communication facilities in City right-of-way and without the need to seek approval for each individual agreement from the Council, provided that each such agreement is in substantially the form attached to this ordinance as Exhibit A.

Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.

Section 4. 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 passage and publication of an approved summary thereof consisting of the title.

ATTEST/AUTHENTICATED:

______________________________
MAYOR ROSEMARIE IVES
CITY OF REDMOND

APPROVED AS TO FORM:

_________________________________
CITY CLERK, BONNIE MATTSON

OFFICE OF THE CITY ATTORNEY:

By:________________________________

FILED WITH THE CITY CLERK:________

PASSED BY THE CITY COUNCIL:_______

SIGNED BY THE MAYOR:________

PUBLISHED:________

EFFECTIVE DATE:________


Summary of Ordinance No. _______

City of Redmond, Washington

On _________________, 199_, the City Council of the City of Redmond passed Ordinance No. _____ which provides as follows:

AN ORDINANCE OF THE CITY OF REDMOND, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A MASTER RIGHT-OF-WAY USE AGREEMENT WITH AT&T WIRELESS SERVICES AND ALSO AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENTS WITH OTHER UTILITIES AND BUSINESSES WISHING TO LOCATE AND OPERATE COMMUNICATION LINES AND OTHER FACILITIES IN CITY RIGHTS-OF-WAY IN THE FUTURE WITHOUT THE NEED FOR FURTHER COUNCIL APPROVAL.

The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Redmond for a copy of the text.

APPROVED by the City Council at their meeting of ___________, 199_.

CITY CLERK, BONNIE MATTSON