SYNOPSIS OF AN ORDINANCE WHEREBY THE CITY OF OPELIKA, ALABAMA, GRANTS TO SOUTHERN LIGHT, LLC, THE NON-EXCLUSIVE RIGHT TO USE THE RIGHTS-OF-WAY TO CONSTRUCT ITS NETWORK AND TO PROVIDE ITS COMMUNICATIONS SERVICES IN ACCORDANCE WITH AND SUBJECT TO THE TERMS AND CONDITIONS OF A RIGHT-OF-WAY USE AGREEMENT BETWEEN SOUTHERN LIGHT, LLC, AND THE CITY OF OPELIKA, ALABAMA.
1. On October 4th, 2016, the City Council for the City of Opelika, Alabama, adopted Ordinance No. 124-16, the purpose of which is to grant to Southern Light, LLC, a limited liability company, (“Southern Light”) for a ten (10) year period from the effective date, the non-exclusive right to utilize the rights-of-way in the corporate limits of the City of Opelika, Alabama, (“City”) in order to construct its network and to provide its communications services in accordance with and subject to the terms and conditions of the Rights-of -Way Use Agreement between Southern Light, LLC, and the City of Opelika, Alabama (“Use Agreement “).
2. As a consequence, Southern Light is authorized, subject to the City’s police powers, including the City’s management of its rights-of-way, to construct and operate a fiber-optic network, of a not-to-exceed diameter, that is of current and modern design with broadband capacity meeting or exceeding the capacity set by the federal government as broadband that will provide its communications services, which are defined as services, other than cable service or any other multichannel video services, which are available to customers or subscribers, either on a wholesale or retail basis, through facilities that enable the provision, whether bundled or unbundled , of voice, video, data, or advanced communications services, including telecommunications services, information and data services, and Internet services. The term also includes the lease, license, sale, or other right of use provided to other persons, including other communications service providers, of portions of the network including facilities, fiber (whether dark or lit), or capacity thereon.
3. In exchange Southern Light is to pay to the City on a quarterly basis a use fee of five percent (5{44c616e11cf70d617c8dd92fb0bc15f41001df771f775c6b004238009c89a3f0}) of gross revenues consisting of any and all payments made to, or compensation or consideration of any kind or nature, including cash, credits, property, and in-kind contributions (services or goods), derived or received, directly or indirectly by Southern Light, or by any affiliate, from or in connection with the operation or use of the network to provide communications service. Southern Light is also required, among other requirement s, to indemnify the City, maintain insurance coverage, and post security.
A copy of Ordinance No. 124-16 may be obtained from the Office of the City Clerk of the City of Opelika, Alabama, during normal business hours.
Publication of this Synopsis is done by or at the direction of the City Clerk of the City of Opelika, Alabama, and at the expense of Southern Light, LLC.
Legal run 3/15/17
SYNOPSIS OF AN ORDINANCE
