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ORDINANCE NO. 1671
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 1526,
adopted January 12, 2015, will expire on January 28, 2020, 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 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 Januarv. 2020
Karin Wilson, Mayor
ATTEST:
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