HomeMy WebLinkAbout2023-01-8757ORDINANCE 2023-01-8757
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE FOR A TERM OF
TEN (10) YEARS FOR A TELECOMMUNICATIONS SYSTEM WITHIN THE
CONFINES OF THE CITY OF PADUCAH, KENTUCKY TO QUAD STATE INTERNET,
PURSUANT TO THE TERMS AND PROVISIONS OF CHAPTER 108
"TELECOMMUNICATIONS" OF THE CODE OF ORDINANCES, AND APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT
WITH QUAD STATE INTERNET AND ALL OTHER DOCUMENTS RELATED TO
SAME
WHEREAS, by Chapter 108 "Telecommunications" of the Code of Ordinances,
which was repealed and replaced on August 9, 2022, the City of Paducah, Kentucky (the
"City") created a ten (10) year, non-exclusive franchise for a telecommunications system
within the confines of Paducah; and
WHEREAS, on October 21, 2022, the City offered at bid a non-exclusive
telecommunications franchise pursuant to Chapter 108 "Telecommunications" of the Code of
Ordinances; and
WHEREAS, after publication of said advertisement, the City received a bid
from Quad State Internet (hereinafter "Quad State").
KENTUCKY:
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH,
SECTION 1. Bid Acceptance. That the City of Paducah hereby accepts the bid
of Quad State for a non-exclusive telecommunications franchise within the City of Paducah,
said bid being in substantial compliance with bid specifications, and as contained in the bid
of Quad State of November 11, 2022.
SECTION 2. Franchise Award. That a ten (10) year, non-exclusive
telecommunications franchise created by Chapter 108 "Telecommunications" of the Code of
Ordinances be, and it hereby is, awarded to Quad State.
SECTION 3. Authorized Signatures. The Mayor is hereby authorized, by and
on behalf of the City, to execute the Franchise Agreement between the City of Paducah,
Kentucky, and Quad State, in substantially the form attached hereto and made part hereof
(Exhibit A), and all other documents related to same.
SECTION 4. Incorporation by Reference. That the statements set forth in the
Preamble to this Ordinance are hereby incorporated in this Ordinance by reference, the same
as if set forth at length herein.
SECTION 5. Severability. That if any section, paragraph or provision of this
ordinance shall be found to be inoperative, ineffective or invalid for any cause, the deficiency
or invalidity of such section, paragraph or provision shall not affect any other section,
paragraph or provision hereof, it being the purpose and intent of this ordinance to make each
and every section paragraph and provision hereof separable from all other sections,
paragraphs and provisions.
SECTION 6. Open Meetings. The City Commission hereby finds and
determines that all formal actions relative to the adoption of this Ordinance were taken in an
open meeting of this City Commission, and that all deliberations of this City Commission
and of its committees, if any, which resulted in formal action, were in meetings open to the
public, in full compliance with applicable legal requirements.
SECTION 7. Effective Date. This ordinance shall be read on two separate
days and will become effective upon summary publication pars t to KRS Chapter 424.
George P. Bray, Mayor
ATTEST:
`t iindsay Pari , City Clerk
Introduced by the Board of Commissioners, December 15, 2022
Adopted by the Board of Commissioners, January 10, 2023
Recorded by Lindsay Parish, City Clerk, January 10, 2023
Published by The Paducah Sun, January 14, 2023
\ord\Telecommunications Quad State 2023
ExhibitA
Franchise Agree
THLS FRANCFIISE AGREEMENT is eft
by and between the City of Paducah, a political
and Quad State Tntemet, LLC (hereinafter "Quad
S
WHEREAS, on August 9, 2022, the Pr
Chapter 108 "Telecommunications" of the Code
exclusive franchise for a telecommunications sv:
ITIN
WHEREAS, on October 21, 2022; the Cii
telecommunications franchise pursuant to Chapter
Ordinances; and
WHEREAS, by Ordinance No.
0,,93 _at
State to acquire said franchise; and
WHEREAS, The City of Paducah and Q
Agreement to memorialize the grant by the City of T
to the terms and conditions reflected in Chapter
Ordinances.
NOW THEREFORE, for and in consider
contained herein the receipt and sufficiency of
Paducah and Quad State hereby agree to incorpi
herein and further agree as follows:
this ) f '111' day o£aptp1 , 2023,
ision of the Commonwealth of Kentucky,
a Kentucky limited liability company.
City Commission repealed and replaced
Winances and created a ten (10) year, non -
within the confines of the City of Paducah;
of Paducah offered at bid a non-exclusive
08 "Telecommunications" of the Code of
City of Paducah accepted the bid of Quad
I State have entered into this Franchise
ucah to Quad State of said franchise subject
)8 "Telecommunications" of the Code of
of the mutual covenants and agreements
:h are hereby acknowledged, the City of
the foregoing recitals as if fully set forth
1. Chapter 108 "Telecommunications"
herein by reference in its entirety and shall apply as
2. Quad State's bid for said franchise,
to said application, which are attached hereto as E
in its entirety and shall apply as if fully set forth hi
3. Ordinance NoD693-61 -5957 by
approved this Franchise Agreement, is incorporat
apply as if fully set forth herein.
4. The City of Paducah has granted
telecommunications system within the confines
subject to the provisions of Chapter 108 "Telecon
5. The franchise memorialized in this
effective date of this agreement, and shall expire as
108 "Telecommunications" of the Code of Ordina,
the Code of Ordinances is incorporated
set forth herein.
I State's application, and any addendum
"A", is incorporated herein by reference
the Paducah Board of Commissioners
by reference in its entirety and shall
Quad State a non-exclusive franchise for a
City of Paducah, for aterm of ten (10) years,
ins" of the Code of Ordinances.
Agreement shall commence upon the
in the terms and provisions of Chapter
6. Quad State does hereby bind itself, its'yysuccessors and assigns, to faithfully and fully
perform each and every condition of said franchise as memorialized in this Franchise Agreement,
and Rather to faithfiilly perform all acts required of it pursuant to said franchise.
7. This Franchise Agreement memorializes the agreement between the parties
contained and embodied in Chapter 108 "Telecommunications" of the Code of Ordinances and
shall be binding upon and inure to the benefit of the
hereto.
2
successors in interest to the parties
8. Notwithstanding any other provision in Chapter 108 "Telecommunications" of the
Code of Ordinances to the contrary, the parties agre
constriction in the City of Paducah, Quad State sha
and documents required to comply with Chapter 98
Ordinances for review by the City of Paducah's Eng
any constriction in the City's rights of ways, Qu;
approval from the City of Paducah's Engineering De
IN WITNESS, WHEREOF, The City of P
Franchise Agreement as their free and voluntary act
above written.
[Signatures on
3
that ninety (90) days prior to any proposed
submit all applicable engineering drawings
.rticle M of the City of Paducah's Code of
Bering Department. Before proceeding with
. State shall be required to obtain written
tment for said proposed constriction,
cah and Quad State have executed this
deed effective as of the day and year first
page]
ATTE T:
Mti
CITY CLERK
Quad State Internet, LLC
BY:
TITLE: °,;; Preston Louis Ursini, Director of Network Operations
STATE OFt j }
COUNTY OF %ACC QC 00,)
The foregoing Franchise Agreement was
by�feS�GY�,�-&LVC. Lk ('sur t, a
LLC on this the ,P day of January, 2023.
My commission expires:
4
sworn to and acknowledged before me
Q (title), of Quad State Internet,
1"I ON