Title
An Ordinance for a 10 Year Construction, Right-Of-Way Use & Franchise Agreement between the City of Foley and Telepak Networks, Inc. and its affiliates, D/B/A C Spire
Summary
DESCRIPTION OF TOPIC:
C Spire would like to enter into a 10 year Franchise Agreement for Construction, Right-Of-Way. The Franchise Agreement will be in effect for 10 Years and C Spire agrees to pay 5%, quarterly to the City of Foley for revenues listed in the attached Agreement.
Body
WHEREAS, the City is the owner of certain rights-of-way located along streets maintained by and under the control of the City (the “Rights-of-Way”), and the City is authorized to grant corporations the non-exclusive right to construct, operate, and maintain a telecommunications system within the City; and
WHEREAS, C Spire is qualified to do business in the State of Alabama, has been granted a Certificate to provide utility services in the State of Alabama by the Alabama Public Service Commission and desires to provide Telecommunications Services and Video Services within the City; and
WHEREAS, the City and C Spire desire to enter into this Agreement concerning the installation and maintenance of telecommunications facilities within the City’s Rights-of-Way, and certain other matters more fully contained herein.
BE IT ORDAINED that the Foley City Council as follows:
Section 1. "The terms and provisions of this ordinance are severable. If any part or portion of this ordinance is declared invalid, void, or unconstitutional, that portion shall be deemed severed, and the remaining portions of the ordinance shall remain in full force and effect."
Section 2. All ordinances or parts of ordinances, in any manner conflicting herewith are hereby repealed.
Section 3. This ordinance shall become effective upon its publication as required by law.