HomeMy WebLinkAbout2023-12-8798ORDINANCE 2023-12-8798
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 RITTER
COMMUNICATIONS, 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 RITTER COMMUNICATIONS 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which was repealed and replaced on August 9, 2022, the City of Paducah, Kentucky (the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 E. Ritter Communications dba Ritter Communications (hereinafter "Ritter").
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 Ritter 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
Ritter of November 11, 2022 and all bid addendums.
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 Ritter.
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 Ritter, 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_p�_ t tt to KRS Chapter 424.
TT SST:
Lindsay Parish tty Clerk
Introduced by the Board of Commissioners, November 28, 2023
Adopted by the Board of Commissioners, December 12, 2023
Recorded by Lindsay Parish, City Clerk, December 12, 2023
Published by The Paducah Sun, December 16-17, 2023
\ord\Telecommunications Ritter Communications 2023
Exhibit A
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT is effective this day of
2023, by and between the City of Paducah, a political subdivision of the Commonwealth of
Kentucky, and E. Ritter Communications, LLC dba Ritter Communications (hereinafter
"Ritter Communications"), a foreign 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. 2023-12-8798, the City of Paducah accepted the bid of
Ritter Communications to acquire said franchise; and
WHEREAS, The City of Paducah and Ritter Communications have entered into this
Franchise Agreement to memorialize the grant by the City of Paducah to Ritter
Communications 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 Ritter Communications hereby agree to incorporate the foregoing recitals as if
fully set forth herein and further agree as follows:
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. Ritter Communication's bid for said franchise, Ritter Communication'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. 2023-12-8798, by 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 Ritter Communications 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. Ritter Communications 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.
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 respective successors in interest to the
parties hereto.
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, Ritter Communications 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,
Ritter Communications 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 Ritter Communications have
executed this Franchise Agreement as their free and voluntary act and deed effective as of the
day and year first above written.
City of Paducah
MAYOR
ATTEST:
CITY CLERK
E. Ritter Communications, LLC dba Ritter
Communications
TITLE:
STATE OF
COUNTY OF
The foregoing Franchise Agreement was subscribed, sworn to and acknowledged
before me by , as(title), of E.
Ritter Communications, LLC dba Ritter Communications on this the day of
2023.
My commission expires:
NOTARY PUBLIC