Laserfiche WebLink
BILL NO. <br /> <br />ORDINANCE NO. ~ [ ~ <br /> <br />AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF <br />UNIVERSITY CITY AND NEXTLINK MISSOURI, INC., FOR THE <br />NONEXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND REMOVE ITS <br />TELECOMMUNICATIONS FACILITIES UNDER THE PUBLIC WAYS; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON <br />BEHALF OF THE CITY OF UNIVERSITY CITY; AND CONTAINING AN <br />EMERGENCY CLAUSE. <br /> <br />carrier <br />United <br /> <br />WHEREAS, NEXTLINK Communications, Inc. is a national competitive local exchange <br />providing, through its affiliates, facilities-based communication services throughout the <br />States; and <br /> <br /> WHEREAS, NEXTLINK Communications, Inc., through its wholly-owned subsidiary, <br />NEXTLINK Missouri, Inc. ("NEXTLINK"), desires to provide local, long distance and enhanced <br />services in the St. Louis market; and <br /> <br /> WHEREAS, NEXTLINK requires the nonexclusive right to construct, maintain and remove <br />its telecommunications facilities under the public rights-of-way in the City of University City, <br />Missouri (the "City"); and <br /> <br /> WHEREAS, the City desires to grant NEXTLINK such right, subject to the terms and <br />conditions in the Right-of-Way Agreement by and between the City and NEXTLINK. <br /> <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />UNIVERSITY CITY, MISSOURI, AS FOLLOWS: <br /> <br /> Section 1. The Right-of-Way Agreement by and between the City of University City and <br />NEXTLINK Missouri, Inc. is hereby approved in the form attached hereto as Exhibit 1 and <br />incorporated herein by this reference. <br /> <br /> Section 2. The City Manager is hereby authorized to execute the Agreement on behalf <br />of the City of University City. <br /> <br /> Section 3. The portions of this Ordinance shall be severable. In the event that any <br />portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining <br />portions are valid, unless the court finds the valid portions of this Ordinance are so essential and <br />inseparably connected with and dependent upon the void portion that it cannot be presumed that the <br />City Council would have enacted the valid portions without the invalid ones, or unless the court <br />finds that the valid portions standing alone are incomplete and are incapable of being executed in <br />accordance with the legislative intent. <br /> <br />Section 4. It is hereby declared that an emergency exists in that NEXTLINK will suffer <br /> <br /> <br />