ORD 06-522ORDINANCE NO. Q(a- 152-2-,
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
TERMINATING AT &T'S FRANCHISE AGREEMENT
(TERMINATING ORDINANCE NO. 03-437)
WHEREAS, City of Federal Way entered into a Franchise Agreement with AT &T
Wireless Services in the form of Ordinance No. 03 -437;
WHEREAS, AT &T Wireless Services and Cingular Wireless recently merged, and as a
result of that merger, all of AT &T Wireless' existing wireless telecommunication facilities
within the City are now owned and operated by Cingular Wireless;
WHEREAS, during negotiations between the City and Cingular Wireless regarding a
new Franchise Agreement, both the City and Cingular agreed that all of AT &T Wireless'
existing wireless communication facilities within the City's rights -of -way would be included
under Cingular Wireless' new franchise agreement with the City;
WHEREAS, the City of Federal Way has entered into a Franchise Agreement with
Cingular Wireless in the form of Ordinance No. 05 -488, which applies to all of Cingular
Wireless' wireless telecommunication facilities, including those formerly operated by AT &T
Wireless, located within the City's rights -of -way; and
WHEREAS, Cingular Wireless, as the successor of AT &T Wireless, has requested the
termination of AT &T Wireless' existing franchise agreement with the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORD #-C(9-6
22,PAGE 1
Section 1. Termination. The City Council hereby agrees to terminate the AT &T
Wireless Services Franchise, Ordinance No. 03 -437.
Section 2. Severability. If any section, sentence, clause or phrase of this resolution
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 resolution.
Section 3. Ratification. Any and all acts consistent with the authority and prior to the
effective date of this ordinance are hereby ratified and affirmed.
Section 4. Effective Date. This resolution shall be effective immediately upon passage
by the Federal Way City Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY THIS
DAY OF , 2006.
CITY OF FEDERAL WAY
MAYOR, IC L ARK
ATTEST:
CITY CLERk, LAU1WHATUAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA RICHARDSON
ORD # PAGE 2
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K: \Ordinance\2006\AT &T Franchise Termination
ORD # , PAGE 3