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ORDINANCE NO.1393
AN ORDINANCE AUTHORIZING AND GRANTING TO
THE UTILITIES BOARD OF THE CITY OF FOLEY D/B/A RIVIERA
UTILITIES ("RIVIERA") THE RIGHT TO USE THE RIGHTS -OF -WAY OF
THE CITY OF FAIRHOPE, ALABAMA (THE "CITY") TO PROVIDE
ELECTRICAL SERVICES TO THE CITIZENS OF THE CITY UNDER THE
TERMS OF A FRANCHISE AGREEMENT
WHEREAS, the City and Riviera entered into that certain Settlement
Agreement dated June 20, 2003, which was previously approved and adopted by
the City Council of the City (the "Council"), whereby, among other things, the
City and Riviera agreed to enter into a franchise agreement concerning the
location, installation, operation, maintenance and repair of Riviera's electrical
service system located within the rights -of -way of the City;
WHEREAS, the City and Riviera have reached an agreement with
respect to the terms of the franchise, the form of which is attached hereto as
Exhibit "A" (the "Franchise Agreement"); and
WHEREAS, the form of the Franchise Agreement has already been
approved by the board of directors of Riviera.
NOW THEREFORE, BE IT ORDAINED by the Council as follows:
1. The Mayor of the City is hereby authorized and empowered to
execute the Franchise Agreement for and on behalf of the City and to deliver an
executed copy of the Franchise Agreement to Riviera. A copy of the Franchise
Agreement is on file in the office of the City Clerk.
2. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance (including the Franchise Agreement) 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.
3. This Ordinance shall take effect immediately upon its due
adoption and publication as required by law.
APPROVED AND ADOPTED by the Council this 13th day of Jam,
ATTEST:
isa HaA;,Jo�yy�,—
nks, City Clerk