ORDINANCE NO. 124-16
AN ORDINANCE APPROVING RIGHTS-OF-WAY USE AGREEMENT BETWEEN SOUTHERN LIGHT, LLC AND THE CITY OF OPELIKA, ALABAMA
WHEREAS, Southern Light, LLC (hereinafter referred to as “Southern Light”) is a fiber-optic based telecommunications company; and
WHEREAS, Southern Light designs, builds, operates and maintains fiber optic infrastructure throughout the Gulf Coast; and
WHEREAS, Southern Light desires to use the public rights-of-way in the corporate limits of the City of Opelika, Alabama (hereinafter referred to as the “City”) in order to construct its network and to provide its communications services; and
WHEREAS, the City and Southern Light have been in negotiations regarding the use of the City’s rights-of-way for the provision of fiber optic services; and
WHEREAS, the City has considered the request of Southern Light and is desirous of granting a non-exclusive right to use the City’s rights-of-way; and
WHEREAS, a proposed Rights-of-Way Use Agreement (hereinafter the “Use Agreement”) has been prepared and submitted to the City Council for approval, and the City Council has determined that it is now in the best interest of the City and its citizens to approve said Use Agreement.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Opelika, Alabama, as follows:
Section 1. That the proposed Use Agreement to be entered into between the City and Southern Light, a copy of which is attached hereto as Exhibit “A”, is hereby approved, authorized, ratified and confirmed in the form substantially submitted to the City Council with such changes thereto (by addition, deletion or substitution) as the Mayor shall approve which approval shall be conclusively evidenced by the execution and delivery of said Use Agreement.
Section 2. That Southern Light may utilize the rights-of-way in the corporate limits of the City in order to construct its fiber optic network and to provide its communications service in accordance with and subject to the terms and conditions of the Use Agreement.
Section 3. That the Mayor is hereby authorized to execute and deliver said Use Agreement in the name and on behalf of the City, and the City Clerk is hereby authorized and directed to affix the seal of the City to said Use Agreement and to attest the same.
Section 4. That the officers of the City and any person or persons designated and authorized by any officers of the City to act in the name and on behalf of the City, or any one or more of them, are authorized to do or caused to be done or performed in the name and on behalf of the City such other acts and to execute and deliver or cause to be executed and delivered in the name or on behalf of the City such other notices, certificates, assurances or other instruments or other communications under the seal or otherwise, as they, or any of them deem necessary or advisable in order to carry into the provisions of this Ordinance and the attached Use Agreement.
Section 5. That the Use Agreement shall be effective in accordance with its terms.
Section 6. That the Ordinance shall take effect immediately upon its passage, adoption and publication as required by law.
Section 7. That this Ordinance shall be published in a newspaper of general circulation in the City of Opelika, Lee County, Alabama. Southern Light shall assume all publication costs with respect to this Ordinance, including the Use Agreement, as such publication is required by law.
ADOPTED AND APPROVED this the 4th day of October,2016.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE
CITY OF OPELIKA, ALABAMA
/s/ R. G. Shuman
TRANSMITTED TO MAYOR on this the 5th day of October, 2016.
/s/ R. G. Shuman CITY CLERK
ACTION BY MAYOR
APPROVED this the 5th day of October, 2016.
/s/ Gary Fuller
s/ R. G. Shuman
Legal run 10/5/16
ORDINANCE NO. 124-16