ORDINANCE NO. 713
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, GRANTING A TWENTY-YEAR FRANCHISE TO MCI METRO ACCESS TRANSMISSION SERVICE CORP., D/B/A VERIZON ACCESS TRANSMISSION SERVICES, TO PROVIDE A TELECOMMUNICATIONS SYSTEM WITHIN THE CITY
Whereas, MCImetro Access Transmission Service Corp., d/b/a Verizon Access Transmission Services, a Delaware corporation qualified to do business in the state of Washington, and the City of University Place have engaged in negotiations regarding permitting MCImetro Access Transmission Service Corp. to install, construct, operate, maintain and repair telecommunications facilities and a network system in certain rights-of-way of the City; and
Whereas MCImetro Access Transmission Service Corp. and the City desire to enter into an agreement authorizing MCImetro Access Transmission Service Corp. to use certain portions of the right of way in the City for its telecommunications system subject to certain conditions and restrictions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Granting a Telecommunication Franchise to MCImetro Access Transmission Service Corporation. MCImetro Access Transmission Service Corp. 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 MCImetro Access Transmission Service Corp., d/b/a Verizon Access Transmission Services, in the form attached hereto as Exhibit “A” and incorporated herein by reference.
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 copies of this ordinance to the franchisee and permit holder as set forth in this ordinance.
Section 4. Publication and Effective Date. This Ordinance has been submitted to the University Place City Attorney; granted an approving vote of at least a majority of the University Place City Council at a regular meeting after initial introduction on January 7, 2019; and has been published in a summary at least once in a newspaper of general circulation in the City of University Place prior to adoption.
This Ordinance, being in compliance with RCW 35A.47.040, shall be in force and effect five (5) days from and after its passage by the University Place City Council and publication in the summary form attached to the original of this Ordinance and by this reference approved by the City Council.
PASSED BY THE CITY COUNCIL ON JANUARY 22, 2019.
Kent Keel, Mayor
Emelita J. Genetia, City Clerk
APPROVED AS TO FORM:
Matthew S. Kaser, City Attorney
Date of Publication: 01/24/19
Effective Date: 01/29/19