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NO. <br /> <br />AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF <br />UNIVERSITY CITY AND METROPOLITAN FIBER SYSTEMS OF ST. LOUIS, <br />INC. FOR THE NONEXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND <br />REMOVE ITS TELECOMMUNICATIONS FACILITIES UNDER THE PUBLIC <br />WAYS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE <br />AGREEMENT ON BEHALF OF THE CITY OF UNIVERSITY CITY; <br />CONTAINING AN EMERGENCY CLAUSE. <br /> <br /> WHEREAS, Metropolitan Fiber Systems of St. Louis, Inc. ("Metropolitan") is a <br />telecommunications provider which desires to construct a fiber-optic cable addition to its backbone <br />system; and <br /> <br /> WHEREAS, Metropolitan requires the nonexclusive right to construct, maintain, operate and <br />remove its telecommunications facilities under the public rights-of-way in the City of University <br />City, Missouri ("City"); and <br /> <br /> WHEREAS, the City desires to grant Metropolitan such right, subject to the terms and <br />conditions in the Right-of-Way Agreement by and between the City and Metropolitan. <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-WayAgreementby andbetweenthe City of University City and <br />Metropolitan Fiber Systems of St. Louis, Inc. is hereby approved in the form attached hereto as <br />Exhibit 1 and 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 Metropolitan needs to <br />commence construction immediately in order to avoid substantial additional construction costs due <br />to contractor downtime, and the loss of customers as a result of further delay. <br /> <br />Section 5. This Ordinance shall take effect and be in force from and after its passage as <br /> <br /> <br />