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ORDINANCE NO. 6 4 5 2 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE <br /> CITY OF AUBURN, WASHINGTON, GRANTING TO <br /> ZAYO GROUP, LLC, A DELAWARE LIMITED <br /> LIABILITY COMPANY, A FRANCHISE FOR A <br /> TELECOMMUNICATIONS SYSTEM <br /> WHEREAS, Zayo Group, LLC, ("Grantee") has applied to the City of <br /> Aubum ("Cit�') for a non-exclusive Franchise fo� the right of entry, use, and <br /> occupation of certain public right(s)-of-way within the City, expressly to install, <br /> construct, erect, operate, maintain, repair, relocate and remove its facilities in, <br /> on, over, under, along and/or across those right(s)-of-way; and <br /> WHEREAS, following proper notice, the City Council held a public hearing <br /> on March 18, 2013, on Grantee's request for a Franchise, at which time <br /> representatives of Grantee and interested citizens virere heard in a full public <br /> . proceeding affording opportunity for commenf byany and all persons desiring to <br /> be heard; and <br /> WHEREAS, from information presented at such public hearing, and from <br /> facts and circumstances developed or discovered through independent study and <br /> investigation, the City Council now deems it appropriate and in the best interest <br /> of the City and its inhabitants that the franchise be granted to Grantee, <br /> NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN <br /> WASFiINGTON, DO ORDAIN as follows: <br /> Section 1. Grant of Right to Use Franchise Area <br /> A. Subject to the terms and conditions stated herein, the City grants to <br /> the Grantee general permission to eMer, use, and occupy the right(s)-of-way <br /> and/or other public property specfied in Exhibit "A," attached hereto and <br /> incorporated by reference (the °Franchise Area"). <br /> B. The Grantee is authorized t_o install, remove, construct, erect, <br /> operate, maintain, relocate and repair the types of facilities spec�ed in Exhibit <br /> "B," attacheii hereto and incorporated by reference, and all necessary <br /> appurtenances thereto, ("Gran4ee Facilities") for provision of those services set <br /> forth in Exhibit "C" ("Grantee Services") in, along, under and across the <br /> Franchise Area. <br /> Ordinance No. 6452 <br /> January 29, 2013 <br /> Page 1 of 15 <br />