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AN ORDNANCE APPROV1NG AN AGREEMENT BETWEEN THE CITY OF UNIVERSITY CITY AND AMERICAN FIBER SYSTEMS, INC. FOR THE NONEXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND REMOVE ITS TELECOMMUNICATIONS FACILITIES UNT)ER THE PUBLIC WAYS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF UNIVERSITY CITY. WHEREAS, American Fiber Systems, Inc. ("American") is a provider of fiber-optic communications networks with plans to provide dark (unlit) fiber to communications service providers in 131 cities in 41 states across the United States; and WHEREAS, American requires the nonexclusive right to construct, maintain, operate and remove its telecommunications facilities under the public rights-of-way in the City of University City, Missouri (the "City"); and WHEREAS, the City desires to grant American such right, subject to the terms and conditions in the Right-of-Way Agreement by and between the City and American. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF UNIVERSITY CITY, MISSOURI, AS FOLLOWS: Section 1. The Right-of-Way Agreement by and between the City of University City and American Fiber Systems, 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. Section 4. This Ordinance shall take effect and be in force from and atkr its passage as provided by law.