HomeMy WebLinkAbout2023-03-8763ORDINANCE 2023-03-8763
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 OPENFIBER KENTUCKY
COMPANY, 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 OPENFIBER KENTUCKY COMPANY 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which was repealed and replaced on August 9, 2022, the City of Paducah, Kentucky (the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 OpenFiber Kentucky Company, LLC dba Accelecom (hereinafter "Accelecom").
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 Accelecom 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 Accelecom 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 Accelecom.
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 Accelecom, 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 pursu to KRS Chapter 424.
(4// ?,-4
George P. Bray, Mayor
ATTR ST:
�mdsay Parish(yity Clerk
Introduced by the Board of Commissioners, February 28, 2023
Adopted by the Board of Commissioners, March 14, 2023
Recorded by Lindsay Parish, City Clerk, March 14, 2023
Published by The Paducah Sun, March 18, 2023
\ord\Telecommunications OpenFiber Kentucky 2023
Exhibit A
Franchise Agreement
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT is effective this day of Rn;r-c 1r , 2023,
by and between the City of Paducah, a political subdivision of the Commonwealth of Kentucky,
and OpenFiber Kentucky Company, LLC dba Accelecom (hereinafter "Accelecom"), a Kentucky
limited liability company.
WITNESSETH:
WHEREAS, on August 9, 2022, the Paducah City Commission repealed and replaced
Chapter 108 "Telecommunications" of the Code of Ordinances and created a ten (10) year, non-
exclusive franchise for a telecommunications system within the confines of the City of Paducah;
and
WHEREAS, on October 21, 2022, the City of Paducah offered at bid a non-exclusive
telecommunications franchise pursuant to Chapter 108 "Telecommunications" of the Code of
Ordinances; and
WHEREAS, by Ordinance No. X23 0?>da fhe City of Paducah accepted the bid of
Accelecom to acquire said franchise; and
WHEREAS, The City of Paducah and Accelecom have entered into this Franchise
Agreement to memorialize the grant by the City of Paducah to Accelecom of said franchise subject
to the terms and conditions reflected in Chapter 108 "Telecommunications" of the Code of
Ordinances.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein the receipt and sufficiency of which are hereby acknowledged, the City of
Paducah and Accelecom hereby agree to incorporate the foregoing recitals as if fully set forth
herein and further agree as follows:
1
Chapter 108 "Telecommunications" of the Code of Ordinances is incorporated
herein by reference in its entirety and shall apply as if fully set forth herein.
2. Accelecom's bid for said franchise, Accelcom's application, and any addendum to
said application, which are attached hereto as Exhibit "A", is incorporated herein by reference in
its entirety and shall apply as if fully set forth herein.
3. Ordinance No.DO911"6'�'"6n11iy which the Paducah Board of Commissioners
approved this Franchise Agreement, is incorporated herein by reference in its entirety and shall
apply as if fully set forth herein.
4. The City of Paducah has granted unto Accelcom a non-exclusive franchise for a
telecommunications system within the confines of the City of Paducah, for a term of ten (10) years,
subject to the provisions of Chapter 108 "Telecommunications" of the Code of Ordinances.
5. The franchise memorialized in this Franchise Agreement shall commence upon the
effective date of this agreement, and shall expire as provided in the terms and provisions of Chapter
108 "Telecommunications" of the Code of Ordinances.
6. Accelecom does hereby bind itself, its successors and assigns, to faithfully and fully
perform each and every condition of said franchise as memorialized in this Franchise Agreement,
and further to faithfully perform all acts required of it pursuant to said franchise.
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 respective successors in interest to the parties
hereto.
2
8. Notwithstanding any other provision in Chapter 108 "Telecommunications" of the
Code of Ordinances to the contrary, the parties agree that ninety (90) days prior to any proposed
construction in the City of Paducah, Accelecom shall submit all applicable engineering drawings
and documents required to comply with Chapter 98 Article III of the City of Paducah's Code of
Ordinances for review by the City of Paducah's Engineering Department. Before proceeding with
any construction in the City's rights of ways, Accelecom shall be required to obtain written
approval from the City of Paducah's Engineering Department for said proposed construction.
IN WITNESS, WHEREOF, The City of Paducah and Accelecom have executed this
Franchise Agreement as their free and voluntary act and deed effective as of the day and year first
above written.
[Signatures on following page]
3
City
B
MAYOR
AT j ST:
CITY CLERK
M
TITLE:
STATE OF k Y— )
COUNTY OFA&5x M )
LLC dba Accelecom
The foregoing Franchise Agreement was subscribed, sworn to and acknowledged before me
byr� I as LO (title), of OpenFiber Kentucky
Company, LLC dba Accelecom on this the 2l � day of March, 2023.
My commission expires:
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DIANA BARTLETT
Notary Public -State At Large
KENTUCKY - Notary ID # KYNP23938
M Commission Ex fres 02-18-2025
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NOTARY PUBLIC