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Home My WebLink About6575 ORDINANCE NO. 6575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6491 AND THE T-MOBILE WEST, LLC FRANCHISE NO.13- 37 TO ADD AN ADDITIONAL LOCATION WHEREAS, On February 18, 2014, the City Council adopted Ordinance No. 6491, granting a wireless communications franchise to T-Mobile West, LLC ("Grantee"); and, WHEREAS, T-Mobile West LLC wishes to add an additional site within the City; and WHEREAS, following proper notice, the City Council held a public hearing on the Grantee's request for an Amendment to Franchise Agreement No. 13-37, at which time representatives of Grantee and interested citizens were heard in a full public proceeding affording opportunity for comment by any and all persons desiring to be heard; and WHEREAS, based upon the foregoing recital clauses and from information presented at such public hearing and from facts and circumstances developed or discovered through independent study and investigation, the City Council in compliance with RCW 35.99 now deems it appropriate and in the best interest of the City and its inhabitants that the Amendment to Franchise Agreement No. 13-37 be granted to the Grantee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN., WASHINGTON, DO ORDAIN as follows: Ordinance No. 6575 Franchise.Agreement No. 13-37, Amendment No. 1 January 13, 2016 Page 1 of 7 Section 1. Exhibits A and B of Ordinance No. 6491 are hereby replaced with Exhibits A and B, attached hereto and incorporated herein by this reference, and a new Exhibit B-2 and Exhibit D-1 are added as Exhibits to Ordinance No. 6491, which additional Exhibits are also attached hereto and incorporated herein by this reference. Section 2. All other provisions of Ordinance No. 6491 shall remain unchanged and in full force and effect. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. FIRST READING: JAN - 2016 SECOND READING: JAN x•;9 .2016 PASSED: JAN 19 2016 APPROVED: JAN 19 2016 fr,tpia CY A c: s, A YOR Ordinance No. 6575 Franchise Agreement No 13-37, Amendment No 1 January 13, 2016 Page2of7 ATTEST` /d),0,kie 6e.a,a4-- Danielle E. Daskam, City Clerk APP° ' ED A S TO FORM: / &ki,t D el . ' -id, Ci _ Published: 3 /, .Sim-� 1 °J Ordinance No. 6575 Franchise Agreement No. 13-37, Amendment No. 1 January 13, 2016 Page 3 of 7 Exhibit "A" - T-Mobile Franchise Area "'V"' 1 KENT 3 ir -__ i T1- !� fl L 1 < 67 E4-4- i. i ., i • t • 4 * . .«5E0471'JI L ZOOM 18 t . 124 4aA It `' K I� N G is ti COUNTY , • — i ems , r' LGQP.i, t i 0 111111.4 fr __------ i thk. PIERCE - I 1 K F. r - 4, -1 A P P S T-Mobile Facilities Hydrology Political Boundaries Transportation • Streams City of Auburn Arterials , SE04028B er Lakes and Rivers Surrounding Cities Highways t" fll SE4042A King and Pierce Counties Locals Ordinance No. 6575 Franchise Agreement No 13-37 4 Amendment No. 1 5E047151 January 13, 2016 Page 4 of 7 EXHIBIT"B" GRANTEE FACILITIES EXISTING T-MOBILE FACILITIES IN CITY OF AUBURN ROW Site ID: SE4042A, "Peasley Canyon" Location: 33043 46th Place South Auburn, WA 98001 Description: Telecommunications Facility consisting of above ground radio equipment cabinets located in a 12'x17' cedar wood fence enclosure in the Right-of-Way(ROW), with antennas collocated on an existing 88' above-ground wooden utility pole in the ROW with connecting underground conduit. Site ID: SE04028B, Mountain View Cemetery/PR Location: 5605 S 324th Place Auburn, WA 98001 Description: Telecommunications Facility consisting of antennas located on an existing 75' above-ground round wood utility pole in the Right of Way with connecting underground conduit to the radio equipment cabinets located on adjacent private property. NEW T-MOBILE FACILITIES IN CITY OF AUBURN ROW Site ID: SE047151, Lea Hill Location: 11534 SE 318th Place Auburn, WA 98092. Description: Telecommunications Facility consisting of antennas located on a new utility replacement pole in the Right of Way with connecting underground conduit to ground equipment located on private property. For Site SE047151, the Grantee shall submit substantial changes to the City Engineer to ensure the antennas are in substantial conformance with the depiction in Exhibit B-2 and in compliance with the Federal Telecommunications Act of 1996. For the purposes of this franchise, substantial changes shall be considered to be an increase in the height of the antennas by 10% or more, or an increase in the width of the antennas by 25% or more. Ordinance No. 6575 Franchise.Agreement No. 13-37,Amendment No. 1 January 13, 2016 Page 5 of 7 T. • •Mobile- • ROJEGT INFORMATION] LEA HILL/PSE/CHINN 8E047151 TOP OF(P)UTIUTY POLE 1109)BE 3117111 PLACE -I 54-O AOL 0 AUBURN,WA 98089 AIMED FOR -,;! - BUILDING PERMIT '.. EVBI ON HIBTORYI— ■ 0 I I Itlii LANE PREPARED BY: B.J.THOMAS,P.E. • • 760780TH AVE NE . MARYSVILLE,WA 98270 . 208.851.1106 • •NAWN DTI=NIL BYI • • JL BJ IEENSUREI. _. . ,,N1 ` ! ....: �f..._. -..._.. .. .._... :. I li t I •RAWING INFO RMATION '! I! ! 1+i I ! i !' I U is !I ii I 1 ' 1:10 NOT WALE com.as COXITIACTOR 11,1181,130, ! i I'II j 1 t 11 +I i I ! 11111H l�'!il �i I1 ! i I+1 I� i MO ! I ! ,i , ,1I, I I I i i III dl .. it i I 1 i 1: .4:::'.11'..:1:.:':14'1:;;:.:',9:1.•::::'• I ∎ I' :i i :. 11 I t I , P I !i I I + 1 l l .• I i II II i MY ® WED ii i ': III i 1 Iii li '+ ' ! . � .l Ii ! I .......\ STREET LEVEL w DISICLOSJPE ti . ! II! PAWING • 7O7O> SITE SOUTH ELEVATION ELEVATION SCALE;NTS •RAWIND NUMBER: 'Ordinance No.6575 Exhibit "B-211 !Franchise Agreement No 13-37,Amendment No.1 January 13;2016 I Page 6 of 7 EXHIBIT "B" GRANTEE FACILITIES EXISTING T-MOBILE FACILITIES IN CITY OF AUBURN ROW Site ID: SE4042A, "Peasley Canyon" Location: 33043 46th Place South Auburn, WA 98001 Description: Telecommunications Facility consisting of above ground radio equipment cabinets located in a 12'x17' cedar wood fence enclosure in the Right-of-Way (ROW), with antennas collocated on an existing 88' above-ground wooden utility pole in the ROW with connecting underground conduit. Site ID: SE04028B, Mountain View Cemetery/PR Location:, 5605 S 324th Place Auburn, WA 98001 Description: Telecommunications Facility consisting of antennas located on an existing 75' above-ground round wood utility pole in the Right of Way with connecting underground conduit to the radio equipment cabinets located on adjacent private property. NEW T-MOBILE FACILITIES IN CITY OF AUBURN ROW Site ID: SE047151, Lea Hill Location: 11534 SE 318th Place Auburn, WA 98092 Description: Telecommunications Facility consisting of antennas located on a new utility replacement pole in the Right of Way with connecting underground conduit to ground equipment located on private property. For Site SE047151, the Grantee shall submit substantial changes to the City Engineer to ensure the antennas are in substantial conformance with the depiction in Exhibit B-2 and in compliance with the Federal Telecommunications Act of 1996. For the purposes of this franchise, substantial changes shall be considered to be an increase in the height of the antennas by 10% or more, or an increase in the width of the antennas by 25% or more. Ordinance No. 6575 Franchise Agreement No 13-37, Amendment No 1 January 13, 2016 Page 5 of 7 EXHIBIT "D-1" STATEMENT OF ACCEPTANCE T-Mobile West.LLC, a Delaware limited liability company, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. T-Mobile West LLC, a Delaware limited liability company By '5' �`�� Dater 0G//. Name: 11-ti w p Ai i►Ts Title: PNW Area Director, Engineering & T-Mobile Legal Approval By: Operations '', 1/19/16 N. ,r err„ 11,1 n(4j, STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this a 6_ day of 3 P.N av ry , 2016, before me the undersigned, a Notary Public in and foAthe State of ashington, duly commissioned and sworn, personally appeared, ' ��., <;N of T-Mobile West LLC, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date here•nabove set forth. • Signs ure ' . - erl.sc...)L V 'n' o1111oo,„j NOTARY PUBLIC in and for the State of `,��`�QQ�sc! F/Ni,,� U./ (� , residing at P 1\ A r �,oTARk••; 3 : EXPIRES s. MY COMMISSION EXPIRES: \./6 /zO\ 1.82019 - - - Puss Ordinance No 6575 '�i;q OFwj+ \ �� Franchise Agreement No. 13-37, Amendment No. 1 �kuniiu1N0 January 13, 2016 Page 7 of 7