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SILL NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF UNIVERSITY CITY AND METROMEDIA FIBER NETWORK SERVICE S, INC. FOR THE NONEXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND REMOVE ITS TELECOMMUNICATIONS FACILITIES UNDER THE PUBLIC WAYS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF UNIVERSITY CITY. WHEREAS, Metromedia Fiber Network Services, Inc. CMetromedia") is a facilities-based provider ofhigh-bandwith fiber optic communication infrastructure; and WHEREAS, Metromedia has been granted the authority by the Missouri Public Service Commission to provide local exchange and intrastate interexchange telecommunications services; and WHEREAS, Metromedia desires to provide such services in the St. Louis market; and WHEREAS, Metromedia requires the nonexclusive right to construct, maintain and remove its telecommunications facilities under the public fights-of-way in the City of University City, Missouri (the "City"); and WHEREAS, the City desires 16 grant Metromedia such fight, subject to the terms and conditions in the Right-of-Way Agreement by and between the City and Metromedia. NOW, THEREFORE, BE IT ORDA1NED BY THE COUNCIL OF THE CITY OF UNIVERSITY CITY, MISSOURI, AS FOLLOWS: Section I. The Right-of-Way Agreement by and between the City of University City and Metromedia Fiber Network Services, Inc. is hereby approved in the form attached hereto as Exhibit 1 and incorporated herein by this reference. Section 2. The City Manager is hereby authorized to execute the Agreement on behalf of the City of University City. Section 3. The portions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions are valid, unless the court finds the valid portions of this Ordinance are so essential and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City Council would have enacted the valid portions without the invalid ones, or unless the court finds that the valid portions standing alone are incomplete and are incapable of being executed in accordance with the legislative intent.