HomeMy WebLinkAboutO-1394ORDINANCE NO. 1394
AN ORDINANCE AUTHORIZING AND GRANTING TO
MEDIACOM SOUTHEAST LLC ("MEDIACOM") THE RIGHT TO USE
THE RIGHTS -OF -WAY OF THE CITY OF FAIRHOPE, ALABAMA (THE
"CITY") TO PROVIDE CABLE SERVICES TO THE CITIZENS OF THE
CITY UNDER THE TERMS OF A CABLE TELEVISION SYSTEM
FRANCHISE AGREEMENT
WHEREAS, Alabama Code § 11-43-62 authorizes and empowers the
City to regulate the use of the streets for the erection of all systems of wires and
conduits and generally to control and regulate the use of the streets for any and
all purposes, and to grant franchises for such as the City deems advisable; and
WHEREAS, Mediacom's franchise agreement granted pursuant to
Ordinance 616, adopted April 24, 1978, has expired, and Mediacom now desires
to enter into a new franchise agreement with the City; and
WHEREAS, the Cable Television System Franchise Agreement attached
hereto and incorporated herein by this reference (hereinafter the "Agreement")
sets forth the terms and conditions pursuant to which Mediacom shall operate its
cable television system, 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 Agreement for and on
behalf of the City. A copy of the Franchise Agreement is on file in the office of
the City Clerk.
If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance (including the Cable Television System Franchise Agreement
attached hereto) 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. If any of the terms or provisions set forth in the
Agreement are inconsistent or otherwise in conflict with any of the terms or
provisions in Ordinance Number 1284 (Cable Television), then the terms and
Ordinance No. 1394
Page 2
provisions set forth in the Agreement shall prevail with respect to the
Agreement.
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 July,
2009.
ATTEST:
Lisa A. Hanks, City Clerk