016 of 2018 - Granting a Telecommunication Franchise to MClmetro Access Transmission Services Corp. 0 18-1
0 18-4
SALT LAKE CITY ORDINANCE
No. 16 of 2018
(Granting a Telecommunication Franchise to
MClmetro Access Transmission Services Corp.)
WHEREAS,MClmetro Access Transmission Services Corp.,a Delaware
corporation,dba Verizon Access Transmission Services(the"Company")desires to
provide certain telecommunication services within Salt Lake City,Utah(the"City").and
in connection therewith to establish a network in,under,along,over,and across present
and future streets,alleys and rights-of-way of the City,consisting of telecommunication
lines and cables,together with all necessary and desirable appurtenances;and
WHEREAS,the City,in the exercise of its police power,ownership,use or 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 the Company,and its
successors,a non-exclusive franchise to operate its business within the City;and
WHEREAS,the City and the Company propose to enter into a 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
Franchise Agreement and to otherwise take all actions necessary to grant the referenced
Franchise to the Company;and
WHEREAS,the City believes this Ordinance to be in the best interest of the
citizens of the City,
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
the Company,and its successors and assigns,a non-exclusive right to use the present and
future streets,alleys,viaducts,bridges,roads,lanes and public way within and under
control of the City for its business purposes,under the constraints and for the
compensation enumerated in the Franchise Agreement attached hereto as Exhibit A,and
by this reference incorporated herein,as if fully set forth herein(the"Franchise
Agreement").
SECTION 2. Short Title. This Ordinance shall constitute the MClmetro Access
Transmission Services Corp.Franchise Ordinance.
SECTION 3. Grant of Franchise. There is hereby granted to the Company,and
its successors and assigns,in accordance with the terms and conditions of the Franchise
Agreement,the right,privilege,and franchise(collectively,the"Franchise"),to construct,
maintain and operate in,under,along,over and across the present and future streets,
alleys,and rights-of-way and other property of the City,all as more particularly described
in the Franchise Agreement.
SECTION 4. Term. The term of the Franchise is for a ten(10)year period from
and after the recordation of the executed Franchise Agreement with the Salt Lake City
Recorder's Office.
The Company shall pay all costs of publishing this Ordinance.
SECTION 5. Acceptance by Company. Within thirty(30)days after the
effective date of this Ordinance,the Company shall execute the Franchise Agreement and
return it to the City,otherwise,this Ordinance and the rights granted hereunder shall be
null and void.
SECTION 6.No Franchise revocation or termination may be effected until the
City Council shall first adopt an ordinance terminating the Franchise and setting forth the
reasons therefor,following not less than thirty(30)days prior written notice to the
Company of the proposed date of the ordinance adoption. The Company shall have an
opportunity on said ordinance adoption date to be heard upon the proposed termination.
SECTION 7. This Ordinance shall take effect immediately upon publication.
[Signatures on Following Page.]
Passed by the City Council of Salt Lake City,Utah,this 1st day of May
2018.
CHAIRPERSON
ATTEST: / C�
CITY ' CORDER
Transmitted to Mayor on May 2, 2018 •
Mayor's Action: (X Approved. Vetoed.
90-eM, 6 -fin--4
MAYOR
ATTEST:
Salt Lake City Attorney's Office
/ ..*�...cr t� Ap roved As To Form
Gam.% By:
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4 Date:
(SEAL)
Bill No. 16 of 2018. `•\\4''°0(tA
Published: M.y 11. 2018• ....
HB ATTY-#66305-vl-Ordinance Telecom Franchise to MCImetro dba Verizon
EXHIBIT "A"
FRANCHISE AGREEMENT