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KITTITAS COUNTY PUBLIC WORKS <br />STATE OF WASHINGTON <br />NON.EXCLUSIVE TELECOMMUNICATIONS FRANCHISE <br />TO USE COUNTY ROADS, RIGHTS.OF-WAY AND OTHER <br />COUNTY PROPERTY WITHIN KITTITAS COUNTY <br />Application of INLAND TELEPHONE COMPANY (Or HIS/HER SUCCESSORS), <br />hereafter referred to as "FRANCHISEE' for telecommunications facilities over, along and under <br />county road rights-of-way and a section of the County portion of the Coal Mines Trail in Kittitas <br />County, Washington, "COUNTY" as hereinafter set forth, having come on regularly for hearing <br />before the County under the provisions of RCW Chapter 36.55, and it appearing to the Board <br />that notice of said hearing has been duly given as required by law, and that it is in the public <br />interest to grant the franchise herein granted; NOW, THEREFORE, <br />WHEREAS, the COUNTY also recognizes that the use of public rights-of-way must be restricted <br />to allow for the construction of amenities necessary to serve telecommunications needs in portions of <br />Kittitas County as described at this date as attached as "EXHIBIT 1 Telecommunications Map" and that <br />the coordination, planning, and management of the COUNTY's rights-of-way and section of Coal Mines <br />Trail is necessary to ensure that the burden of costs for the operations of FRANCHISEE interests are not <br />borne by the County citizenry at large; and <br />WHEREAS, the COUNTY has determined that the development of a comprehensive plan for <br />rights-of-way use and management is the most effective means for managing the current use of rights-of- <br />way and ensuring prudent and appropriate decisions concerning the use of rights-of-way in the future; <br />and <br />WHEREAS, "FRANCHISEE", has determined that it is in their best interests to move forward with <br />the installation of facilities wiihin the public rights-of-way consistent with approved telecommunications <br />plans on file with the County; prior to the completion of the comprehensive rights-of-way use and <br />management plan and has agreed to abide by the terms and conditions of such a plan once it has been <br />completed; <br />NOWTHEREFORE; lT lS ORDERED: <br />Section 1. Non-exclusive Franchise Granted. The County of Kittitas hereby grants to "FRANCHISEE", <br />subject to the conditions prescribed in this Franchise Agreement, the franchise rights and authority to <br />construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a <br />telecommunications systems, within the COUNTY rights-of-way generally described in EXHIBIT 1, and <br />hereinafter referred to as the "Franchise Area": <br />Such franchise shall not be deemed to be exclusive to "FRANCHISEE", and shall in no way prohibit or <br />limit the COUNTY's ability to grant other franchises, permits, or rights along, over, or under the areas to <br />which this franchise has been granted to "FRANCHISEE"; provided, that such other franchises do not <br />unreasonably interfere with "FRANCHlSEE", exercise of franchise rights granted herein as determined by <br />the COUNTY. This franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or <br />prevent, the COUNTY from using the franchise area or affect the COUNTYs jurisdiction over such area in <br />any way. <br />Tel e ccrn m u n icaflcr-.s - FRAfu CHISf ftltJi,lii-'