Title
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF FOLEY TO EXECUTE A NAME CHANGE ON FRANCHISE AGREEMENT
Summary
Description of Topic: (who, what, where, when, why and how much)
Budgetary Impact:
Non-Capital Item:
____ 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**
____ 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**
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, on July 1, 2019, by Ordinance No. 19-2014-ORD, the City of Foley (hereinafter the “City”) entered into a 10-Year Non-Exclusive Franchise Agreement (hereinafter the “Agreement”) with Point Broadband, LLC; and
WHEREAS, on May 27, 2021, Point Broadband, LLC, sent the letter attached to this Resolution as Exhibit “A” requesting that the Mayor of the City authorize a name change on the Agreement from Point Broadband, LLC to Point Broadband Fiber Holding, LLC; and
WHEREAS, Point Broadband Fiber Holding, LLC, is represented as being a wholly owned subsidiary of Point Broadband, LLC, with the same officers, the same management team, the same technical and operating ability, and the same staff and financial resources; and
WHEREAS, no terms of the Agreement are being modified other than the name of the Franchisee; and
WHEREAS, the City desires to authorize the Mayor of the City to execute the letter attached to this Resolution as Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foley, Alabama, as follows:
SECTION 1. That the Mayor of the City of Foley is hereby authorized to execute the letter attached to this Resolution as Exhibit “A” in order to change the name of the Franchisee under the Agreement from Point Broadband, LLC to Point Broadband Fiber Holding, LLC, with no other terms of the Agreement being modified in any way.
SECTION 2: This Resolution shall become effective immediately upon its adoption as required by law.