ORDINANCE NO. 638
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, GRANTING A TWENTY-YEAR FRANCHISE TO ZAYO GROUP, LLC, TO PROVIDE A TELECOMMUNICATIONS SYSTEM WITHIN THE CITY
Whereas, Zayo Group, LLC, a Delaware limited liability company, and the City of University Place have engaged in negotiations regarding permitting Zayo Group, LLC to install, operate and maintain a communications system in certain rights-of-way of the City; and
Whereas Zayo Group, LLC and the City desire to enter into an agreement authorizing Zayo Group, LLC to use certain portions of the right of way in the City for its communication system subject to certain conditions and restrictions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Granting a Telecommunication Franchise to ZAYO GROUP, LLC. Zayo Group, LLC is hereby granted a franchise to construct, maintain and provide telecommunication services, as set forth in the Telecommunications Right-of-Way Use Franchise Agreement between the City of University Place and Zayo Group, LLC, in the form attached hereto as Exhibit “A” and incorporated herein by reference. This franchise shall expire twenty (20) years from its effective date unless terminated sooner.
Section 2. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances by a court of competent jurisdiction shall not be affected.
Section 3. Directions to City Clerk. The City Clerk is hereby authorized and directed to forward certified copies of this ordinance to the franchisee and permit holder as set forth in this ordinance.
Section 4. Publication and Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication.
PASSED BY THE CITY COUNCIL ON MAY 19, 2014.
Denise McCluskey, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney
Effective Date: 05/26/14