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ORDINANCE NO. 1504
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, 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, AT&T Alabama's Video Service Agreement granted pursuant to Ordinance
1367, adopted August 25, 2008, will expire December 31, 2013, and AT&T now desires to enter
into a new Competitive Video Service Agreement with the City; and
WHEREAS, the Agreement attached hereto as Exhibit A (hereinafter the "Competitive
Video Service Agreement") sets forth the terms and conditions pursuant to which AT&T shall
install its IP Network and provide its IP-enabled 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 Competitive Video Service Agreement for
and on behalf of the City.
If any section, subsection, sentence, clause, phrase, or portion ofthis Ordinance (including
the Competitive 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 November, 2013
ATTEST:
isa A. anks, MMC �(
City Cie
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imot M. K , Mayo