HomeMy WebLinkAboutO-1632ORDINANCE NO. 1632
AN ORDINANCE AMENDING ORDINANCE NO. 1504 AND 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 SERVICES AGREEMENT AND ADDENDUM TO 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 Services Agreement granted pursuant to
Ordinance 1504, adopted November 25, 2013, will expire December 31, 2018, and AT&T
now desires to enter into a new Competitive Video Services Agreement via an Addendum
to the Agreement with the City; and
WHEREAS, the Addendum attached hereto as Exhibit A (hereinafter the
"Addendum to Competitive Video Services 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 Addendum to Competitive Video
Services Agreement for and on behalf of the City.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
(including the Addendum to Competitive Video Services 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 20th day of December, 2018
Karin Wilson, Mayor
ATTEST:
4SA. s, MC
ADDENDUM TO VIDEO SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") dated 4ee"g, , 2018, ("Effective Date'') is
made by and between BellSouth Telecommunications, LLC d/b/a AT&T Alabama ("AT&T
Alabama") (formerly a corporation but now a limited liability company), and the City of
Fairhope, ("City of Fairhope") Alabama, a municipal corporation ("City"). AT&T Alabama and
the City of Fairhope shall sometimes be referred to separately as a "Party," and collectively as
the "Parties."
RECITALS
WHEREAS, City of Fairhope and BellSouth Telecommunications, LLC d/b/a AT&T
Alabama ("AT&T Alabama") entered into an agreement styled Agreement ("Agreement") on
November 26, 2013, regarding the provision by AT&T Alabama of its integrated Internet
Protocol ("IP") enabled broadband platform of voice, data and video services ("IP Network"),
the video component of which is a switched, two-way, point-to-point and interactive service ("IP
Video Service");
WHEREAS, paragraph 2 set forth the term of the Agreement to expire effective
December 31, 2018, but allows for extending the Agreement upon written mutual agreement of
the parties,
WHEREAS, City of Fairhope and AT&T Alabama desire to extend the terms of the
Agreement for an additional five (5) years and agree that there is sufficient mutual consideration
for renewing and extending the term of the Agreement; and
WHEREAS, City of Fairhope and AT&T Alabama desire to make one other modification
to the terms of the Agreement, in addition to the five (5) year extension, which is to update the
"Notices" provision as set forth herein below and agree that there is sufficient mutual
consideration for updating the terms of the Agreement.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual covenants contained herein and in
the original "Agreement," and for other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, the City of Fairhope and AT&T Alabama agree
as follows:
1. Paragraph 2 of the "Agreement" is to be amended by changing the date of
termination from December 31, 2018 to December 31, 2023. Paragraph 2 is hereby amended to
read as follows:
"Term. Except as described in paragraph 1(a) below, the tern of this Agreement
shall be from the Effective Date of this Agreement through December 31, 2023.
The term may be extended upon mutual agreement of the parties in writing."
2. Paragraph 13, the "Notices" paragraph of the "Agreement", is amended by
changing the address for AT&T Alabama to the following:
AT&T Alabama
Office of the President
1884 Data Drive — First Floor
Hoover, AL 35244
And the address for the City of Fairhope to the following:
Mayor's Office
City of Fairhope
P. O. Drawer 429
Fairhope, Alabama 36533
3. Unless amended by the terms of this Addendum, all other terms and conditions of
the "Agreement," shall remain unchanged and in full force and effect throughout the extended
term. In the event the terms and conditions of the "Agreement" conflict with the terms of this
Addendum, this Addendum shall be deemed to supersede and override the terms of the
"Agreement."
4. This Addendum incorporates and includes all prior and contemporaneous
negotiations, correspondence, conversations, agreements and understandings between the parties
concerning the subject matter hereof. No deviation from the terms hereof shall be predicated
upon any prior or contemporaneous representations, agreements or understandings, whether oral
or written.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives,
have executed this Agreement and made the same effective as of this .276tday of
, 2018.
(Signature page follows)
"
AT&T Alabama
By: e. 49un�
Name: C. Way e Hutchens
Title: President — AT&T Alabama
State of Alabama )
County of )
Sworn to and subscribed before me this J�*— day of , 2018.
My Commission Expires: 1,9 &z 20, A _ ��
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�4SERSit, Cj
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OF ALN
CITY OF FAIRHOPE
By: --- 1,1,ij
Name: Karin ilson
Title: Mayor
State of Alabama,)
County of dvy,)
Sworn to and subscribed before me this day of, x 'em�,X, 2018.
NOTARY P LI SEAL
My Commission Expires: Oq III 12D20
1185832