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A RESOLUTION AUTHORIZING THE CITY OF FOLEY TO ENTER INTO A SETTLEMENT AGREEMENT WITH BRIGHTSPEED OF SOUTHERN ALABAMA, LLC
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WHEREAS, Brightspeed of Southern Alabama, LLC (hereinafter “Brightspeed”) filed suit against the City of Foley and the Utilities Board of the City of Foley d/b/a Riviera Utilities on or about January 16, 2024, seeking equitable, monetary and other relief for alleged violations of federal and state law concerning the City’s enactment of Ordinance Number 24-0058; and
WHEREAS, the parties and their legal counsel in the lawsuit have met to discuss a mutually agreeable settlement and compromise to the litigation, but they have not agreed on a final version of a settlement agreement; and
WHEREAS, the speed at which the City can enter into the definitive settlement agreement is a material matter for Brightspeed and thus for the success of the settlement negotiations;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foley that the Mayor, in consultation with the City’s legal counsel, is hereby authorized, empowered and directed to execute a settlement agreement with Brightspeed and the Utilities Board of the City of Foley on such terms, conditions, and provisions as the Mayor deems appropriate; provided, however, that any such settlement agreement must: (1) fully resolve the litigation styled Brightspeed of Southern Alabama, LLC, v. City of Foley, Alabama, et al., Civil Action No. 1:24-CV-00156-N by having that action dismissed with prejudice; (2) not require any admission of wrongdoing by the City; (3) not require any payment of money by the City; and (4) include a suitable release by Brightspeed of all claims and damages.