Title
A RESOLUTION AUTHORIZING THE NEGOTIATION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF FOLEY AND THE EAST CENTRAL BALDWIN WATER AUTHORITY
Summary
Description of Topic: East Central Baldwin Water Authority desires to provide water service within the corporate limits of the City of Foley
Budgetary Impact:
Non-Capital Item: N/A
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached** N/A
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached** N/A
In current year Capital Projects Plan:
_____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ No, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
Body
WHEREAS, the East Central Baldwin Water Authority (hereinafter “ECB”) provides water services to rural communities in Baldwin County, Alabama; and
WHEREAS, ECB desires to provide water service within the corporate limits of the City of Foley; and
WHEREAS, ECB has requested a franchise agreement authorizing ECB use the City’s public rights of way and public property; and
WHEREAS, a franchise agreement is required pursuant to Alabama Constitution Section 220 and Code of Alabama Section 11-49-1 before ECB can use the City’s rights of way and public property; and
WHERAS, the City of Foley has not previously been asked to provide a franchise to a water utility company; and
WHEREAS, the City of Foley’s primary supplier of water utility services is the Utilities Board of the City of Foley d/b/a Riviera Utilities; and
WHEREAS, the authority granted by Alabama Constitution Section 220 and the police powers inherent to the City of Foley give the City of Foley discretion in determining whether providing a franchise to ECB is in the best interests of the citizens of the City of Foley; and
WHEREAS, the City Council desires to have certain of its employees, officials and its attorneys negotiate mutually agreeable terms for a Franchise Agreement between ECB and the City of Foley to be brought back to the City Council for its consideration;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foley, Alabama, as follows:
SECTION 1: That officials, employees and attorneys for the City of Foley are authorized to negotiate and seek to arrive at a mutually agreeable Franchise Agreement between ECB and the City of Foley for the City Council to consider at a future meeting after notice as required by law.
SECTION 2: That no Franchise Agreement shall be entered into unless the City of Foley determines, in its discretion, that providing a franchise to ECB is in the best interests of the citizens of the City of Foley, and without the Franchise Agreement first being approved by an ordinance of the City Council and its publication as required by law.