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HomeMy WebLinkAboutO-1173ORDINANCE NO. 1173 AN ORDINANCE TO SET A SPECIAL ELECTION TO ALLOW THE CITIZENS OF THE CITY OF FAIRHOPE, ALABAMA TO DETERMINE WHETHER TO AUTHORIZE THE CITY OF FAIRHOPE, ALABAMA TO ACQUIRE, ESTABLISH, PURCHASE, CONSTRUCT, MAINTAIN, LEASE, AND OPERATE A CABLE TELEVISION SYSTEM FOR THE PURPOSE OF FURNISHING CABLE SERVICE TO SUBSCRIBERS BE IT ORDAINED by the City Council (the "Council") of the City of Fairhope, Alabama, a municipal corporation organized under the laws of the State of Alabama (the "City"), as follows: Section 1. Findings. Having made due and proper investigation of the matters hereinafter referred to, the Council has ascertained and does hereby find and declare that the following facts are true and correct: (a) The City has been investigating the propriety of the City constructing a fiber optic cable system in the City for purposes of providing cable television service to subscribers (the "Cable Project") pursuant to Alabama Code § 11-5013-1, et sec. (Supp. 2002), as the same shall be amended from time to time (the "Act"). (b) The City held a public hearing to discuss the Cable Project on May 22, 2003, in the City's Auditorium (the "Public Hearing"), as required by the Act. (c) The Act provides the citizens of the City with the opportunity to petition the City to hold an election to vote on whether to allow the City to pursue the Cable Project. The Act provides that any such petition must be submitted within 30 days of the publishing of the notice of the Public Hearing. The notice for the Public Hearing was published on April 26, 2003. No such petition has been filed with the City. (d) The Act provides that the issue of whether to construct the Cable Project be put to a vote of the citizens of the City (the "Special Election"). In the event the City Council approves the holding of the Special Election, the Act requires that the issue be put to a vote within 30 to 60 days after its consideration by the City Council. (e) Since there is no general or special election currently set for a vote, the City Council is setting a date in accordance with applicable law. Although general election law requires that notice of any special election be given at least two months prior to election, unless otherwise provided by law, the Act specifically provides for notice of the Special Election by publication once a week for three consecutive weeks. Section 2. Setting of Special Election. In accordance with § 11-46-21 of the Alabama Code (1992), the Special Election shall be held on Tuesday, August 12, 2003. The polls will be open at 7:00 a.m. and will close at 7:00 p.m. at the locations set forth in the notice provided for in Section 3 hereof. Section 3. Notice of Special Election. Section 11-50B-8(f) of the Act provides that notice of the Special Election shall be given by publishing such notice at least once on the same day each week for three consecutive weeks in the same newspaper in which notice of the public hearing referenced above was given, which newspaper was The Courier. The notice published in such newspaper shall be in substantially the form attached hereto as Exhibit "A". Section 4. Form of Ballot. The ballot to be used in the Special Election shall contain the following question: Shall the City of Fairhope be authorized to acquire, establish, purchase, construct, maintain, lease, and operate a cable television system for the purpose of furnishing cable service to subscribers? At the left of this question there shall be printed two voting squares, with the word "Yes" for voting for the question at the right of one square and the word "No" for voting against the question at the right of the other square. Ordinance No. 1173 Special Election — Cable Services Page —2- Section 5. Appointment of Election Officers. The City Council shall, at least fifteen (15) days prior to the Special Election, appoint from the qualified electors election officers in accordance with § 11-46-27 of the Alabama Code (1992). Section 6. Effective Date. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. ATTEST: APPROVED by the Council this 23rd day of June , 2003. c �. .K"a-- othy M. ant, Ma r