File #: 24-0364    Version: 1 Name: AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO SOUTHERN LIGHT, LLC, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING FIBER-OPTIC TRANSMISSION LINES WITHIN THE PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF FOLEY, ALABAMA
Type: Ordinance Status: Adopted
File created: 6/12/2024 In control: City Council
On agenda: 6/17/2024 Final action: 6/17/2024
Title: AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO SOUTHERN LIGHT, LLC, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING FIBER-OPTIC TRANSMISSION LINES WITHIN THE PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF FOLEY, ALABAMA
Attachments: 1. Ordinance and Uniti Group (Uniti Fiber GulfCo Assignments) Franchise Agreement - Foley (00040531-2xA5C35) (3)

Title

AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO SOUTHERN LIGHT, LLC, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING FIBER-OPTIC TRANSMISSION LINES WITHIN THE PUBLIC RIGHTS-OF-WAY WITHIN THE CITY OF FOLEY, ALABAMA

 

Summary

Council may choose to suspend the rules for the immediate adoption of this ordinance.

 

Body

WHEREAS, Uniti Fiber GulfCo, LLC, (hereinafter referred to as the “the Provider”) desires to construct, maintain and expand its fiber-optic transmission lines 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 fiber-optic transmission lines 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 fiber-optic transmission lines 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:

 

The City Council of the City of Foley does hereby grant to Uniti Fiber GulfCo, LLC,, a non-exclusive franchise granting the limited authority to construct fiber-optic transmission lines 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.”

 

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adopted by the City Council of the City of Foley, Alabama, which is in conflict with this Ordinance is hereby repealed but only to the extent of such conflict.

 

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.