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029 of 1995 - Granting to Questar Infocomm, Inc.a limited Telecommunication Franchise0 95-1 C 95-246 SALT LAKE CITY ORDINANCE No. 29 of 1995 (Granting to Questar Infocomm, Inc. a limited telecommunication franchise) AN ORDINANCE GRANTING TO QUESTAR INFOCOMM, INC., A LIMITED TELECOMMUNICATION FRANCHISE. * * * WHEREAS, Questar Infocomm, Inc., a Utah corporation ("QIC"), desires to provide certain telecommunication services within Salt Lake City, Utah (the "City"), and, in connection therewith, to utilize certain streets, alleys and rights -of -way of the City; and WHEREAS, the City, in the exercise of its police power, ownership or use rights over and in the public rights -of -way, and pursuant to its other regulatory authority, believes it is in the best interest of the public to provide to QIC a non-exclusive limited franchise to provide such services within the City; and WHEREAS, the City and QIC propose to enter into a Limited Franchise Agreement, the substantially final form of which has been presented to the City Council at the meeting at which this Ordinance is being considered for adoption; and WHEREAS, the City desires to approve the execution and delivery of such Limited Franchise Agreement, and to otherwise take all actions necessary to grant the referenced franchise to QIC; NOW THEREFORE, be it ordained by the City Council of Salt Lake City, Utah, as follows: SECTION 1. PURPOSE. The purpose of this franchise Ordinance is to grant to QIC a non-exclusive right to use the public streets, alleys and rights -of -way for the purposes, under the constraints and for the compensation set forth in the Limited Franchise Agreement attached hereto as Exhibit A and by this reference incorporated herein as if fully set forth herein. SECTION 2. SHORT TITLE. This Ordinance shall constitute and be known as the "QIC Limited Franchise Ordinance". SECTION 3. FRANCHISE DESCRIPTION. There is hereby granted to QIC, in accordance with the terms and conditions of the Limited Franchise Agreement, the right, privilege and franchise to construct, maintain and operate in, under, along, over and across streets, alleys and rights -of -way within the City, and identified in the Limited Franchise Agreement, fiber-optic and copper lines and cables, together with all the necessary or desirable appurtenances, for the purpose of supplying 2 telecommunication services within the City, as more fully described in the Limited Franchise Agreement. SECTION 4. TERM. The term of the afore -described franchise is for a period beginning on the effective date of this Ordinance and its acceptance by QIC, and ending 15 years thereafter; provided that the franchise shall terminate upon (a) such earlier date as shall be mutually agreed by the City and QIC, (b) such earlier date as shall be required by operation of law, or (c) on the effective date of any other franchise or similar right granted by the City to QIC with respect to the rights granted hereby and by the Limited Franchise Agreement. SECTION 5. ACCEPTANCE BY OIC. Within 30 days after the effective date of this Ordinance, QIC shall file with the City Recorder a written unqualified acceptance of this Ordinance, in a form acceptable to the City Attorney; otherwise, this Ordinance and the rights granted hereunder shall be null and void. SECTION 6. CONSIDERATION AND PAYMENT DATES. The franchise hereby granted is conditioned upon payment of the franchise fees and other amounts described in the Limited Franchise Agreement, on the dates and in the manner therein described. In the event the statutory limit imposed by Section 11-21-1, Utah Code Annotated, 1953, as amended, or any successor provision, is 3 increased above six percent (6%), QIC shall, at the request of the City, enter into an amendment to the Limited Franchise Agreement, increasing the franchise fee to the level requested by the City, but not to exceed the increased statutory limit; provided, however, in no event shall QIC be obligated to pay a higher percentage of Gross Revenues derived from the sale of telecommunication services than is paid by other fixed public utilities within the City. SECTION 7. RIGHTS RESERVED TO THE CITY. Without limitation upon the rights that the City might otherwise have, the City expressly reserves the following rights, powers and authorities to: (a) exercise its governmental powers now or hereafter obtained to the full extent that such powers may be vested in or granted to the City; (b) grant additional franchises to the same property covered by this franchise within the City to others, upon any conditions acceptable to the City; or (c) exercise any other rights, powers or duties required or authorized, under the Constitution of the State of Utah, the laws of the State of Utah, or City Ordinances. SECTION 8. EARLY TERMINATION OR REVOCATION OF FRANCHISE. The franchise hereby granted, and the Limited Franchise Agreement, are conditioned upon full and complete compliance by 4 QIC with the terms hereof and of the Limited Franchise Agreement, and the franchise hereby granted may be revoked by the City upon failure to comply with the terms hereof or with the terms of the Limited Franchise Agreement. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its publication. Passed by the City Council of Salt Lake City, Utah, this 9th day of MaY , 1995. TEST AND COUNTERSIGN: HIEF DEPUTY ITd RECORDER Bill No. 29 of 1995 Published: May 18, 1995 CHAIRPERSON 5 Transmitted to the Mayor on MAY 11, 1995 Mayor's Action: Ordinance No. 29 XX Published: May 18, 1995 G:\ORDINA95\FRANCHISE.CEB:le Approved. MAYOR of 1995. 6 Vetoed.