HomeMy WebLinkAboutO-1367ORDINANCE NO. 1367
AN ORDINANCE AUTHORIZING AND GRANTING TO
BELLSOUTH TELECOMMUNICATIONS, INC. d/b/a AT&T ALABAMA ("AT&T")
THE RIGHT TO USE THE RIGHTS -OF -WAY OF THE CITY OF FAIRHOPE, ALABAMA
(THE "CITY") TO PROVIDE VIDEO SERVICES TO THE CITIZENS OF THE CITY
UNDER THE TERMS OF A VIDEO SERVICE AGREEMENT
WHEREAS, AT&T Alabama is in the process of modifying its existing
telecommunications network to provide an integrated Internet Protocol ("IP") enabled broadband
platform of voice, data and video services ("IP Network"), the video component of which AT&T
Alabama asserts is a switched, two-way, point-to-point and interactive service ("IP Video Service");
and
WHEREAS, the IP Network upgrade will involve the use of the public right-of-way in the
City; and
WHEREAS, the Agreement attached hereto as Exhibit A (hereinafter the "Video Service
Agreement") sets forth the terms and conditions pursuant to which AT&T shall install its IP
Network and provide its IP Video Service, including the fees that shall be paid to the City with
respect to same.
NOW THEREFORE, BE IT ORDAINED by the City Council (the "Council') of the City
of Fairhope, Alabama as follows:
The Mayor is hereby authorized to execute the Video Service Agreement for an on behalf
of the City.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance (including
the Video Service Agreement attached hereto as Exhibit A) is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining
portions hereof.
This Ordinance shall take effect immediately upon its due adoption and publication as
required by law.
APPROVED AND ADOPTED by the Council this 25th day of August, 2008.
ATTEST:
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4LisaAnks, 6ty Clerk