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AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO HOTWIRE INFRASTRUCTURE GROUP, LLC, ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A SYSTEM NETWORK FOR THE PURPOSE OF TRANSMISSION OF CABLE AND INTERNET SERVICES WITHIN ALL INCORPORATED PORTIONS AND LOCATIONS OF THE CITY OF FOLEY, ALABAMA AND TO USE AND OCCUPY THE STREETS, ALLEYS AND OTHER PUBLIC PLACES OF CITY FOR SUCH PURPOSES
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WHEREAS, HOTWIRE INFRASTRUCTURE GROUP, LLC, (hereinafter referred to as the “the Grantee”) desires to construct, maintain and expand its cable and broadband system within certain public rights-of-way within the City of Foley, Alabama; and
WHEREAS, the Provider agrees and recognizes that it is required to obtain consent in the form of a franchise from the City of Foley in order to construct the proposed system within the corporate limits of the City of Foley; and
WHEREAS, the City Council wishes to accommodate the Provider’s request and grant a franchise for the construction of the system in accordance with the terms and conditions contained herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, AS FOLLOWS:
SECTION 1: The City Council of the City of Foley does hereby grant to Hotwire Infrastructure Group, LLC, a non-exclusive franchise granting the limited authority to construct a cable and broadband system in the City of Foley in and along certain public rights-of-way subject to the terms and conditions set forth in the agreement attached hereto as Exhibit “A.”
SECTION 2: Any Ordinance heretofore adopted by the City Council of the City of Foley, Alabama, which is in conflict with this Ordinance is hereby repealed but only to the extent of such conflict.
SECTION 3: This Ordinance shall become effective after its publication as required by law, and the Provider shall have thirty (30) days thereafter to execute and comply with the terms and conditions contained in the Franchise Agreement. The Provider shall bear all costs of publication.