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ORDINANCE NO. 5 3 3 3 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, <br />WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO <br />EXECUTE A PUBLIC WAY AGREEMENT BETWEEN THE CITY AND LEVEL 3 <br />COMMUNICATIONS, L.L.C. <br />WHEREAS, LEVEL 3 COMMUNICATIONS L.L.C. has made application <br />for a non-exclusive Public Way Agreement and the CITY has determined that <br />the application is complete; and <br />WHEREAS, it has been determined that LEVEL 3 COMMUNICATIONS <br />L.L.C. has the financial, technical and legal ability to provide the services <br />proposed in its application; and <br />WHEREAS, there is capacity in the City's Public Ways, as defined in the <br />Public Way Agreement, to accommodate LEVEL 3 COMMUNICATIONS' <br />proposed facilities; and <br />WHEREAS, the damage or disruption, if any, of public or private <br />facilities, improvements, service, travel or landscaping, including remedies, are <br />addressed in the Public Way Agreement to the satisfaction of the CITY; and <br />WHEREAS, the cost and disruption of construction within the Public <br />Ways, as defined in the Public Way Agreement, will be minimized; and <br />WHEREAS, permission to use the Public Ways, as provided in the Public <br />Way Agreement, is in the public interest and the effect, if any, on the public <br />------------------------ <br />Ordinance No. 5333 <br />12/28/99 <br />Page 1 <br />