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SALT LAKE CITY ORDINANCE
No. 20 of 2018
(Granting a Master License Agreement for Right-of-Way
Access to ExteNet Systems, Inc.)
WHEREAS, ExteNet Systems, Inc., a Delaware corporation (the “Company”) desires to install equipment to provide third party broadband wireless 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 antennas, telecommunication lines and cables, radios, and conduit, together with all necessary and desirable appurtenances, for the operation of a wireless broadband small cell network for communication services; 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, access rights pursuant to a non-exclusive license agreement to operate its business within the City; and
WHEREAS, the City and the Company propose to enter into a Master License Agreement for Right-of-Way Access 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 Master License Agreement for Right-of-Way Access and to otherwise take all actions necessary to grant the referenced rights 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 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 substantially final form of the Master License Agreement for Right-of-Way Access attached hereto as Exhibit A, and by this reference incorporated herein, as if fully set forth herein (the “Master License Agreement”).
SECTION 2. Short Title. This Ordinance shall constitute the ExteNet Small Cell Master License Ordinance.
SECTION 3. Grant of Access Rights. The administration is hereby authorized to negotiate and execute the Master License Agreement reflecting the terms of this Ordinance and incorporating such other terms and agreements as recommended by the City Attorney’s Office, and if needed, amend the Master License Agreement as contemplated therein. There is hereby granted to the Company, and its successors and assigns, in accordance with the terms and conditions of the Master License Agreement, the right and privilege, 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 Master License Agreement.
SECTION 4. Term. The term of the Master License Agreement is for a period of five years from and after the recordation of this Ordinance with the Salt Lake City Recorder’s Office, with a renewal of an additional five year term. 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 Master License Agreement; otherwise, this Ordinance and the rights granted hereunder shall be null and void.
SECTION 6. No revocation or termination may be effected until the City Council shall first adopt an ordinance terminating the Master License Agreement 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.
Passed by the City Council of Salt Lake City, Utah, this 15th day of May, 2018.
Bill No. 20 of 2018.
Published: May 23, 2018.