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HomeMy WebLinkAbout2026-03-8871AN 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 LUMOS FIBER OF KENTUCKY, LLC, 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 AND ALL OTHER DOCUMENTS RELATED TO SAME WHEREAS, by Chapter 108 "Telecommunications" of the Code of Ordinances, 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 24, 2025, 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 Lumos Fiber of Kentucky, LLC (hereinafter "Lumos"). KENTUCKY: NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, SECTION 1. Bid Acceptance. The City of Paducah hereby accepts the bid of Lumos for a non-exclusive telecommunications franchise within the City of Paducah, said bid being in substantial compliance with bid specifications, as contained in the bid of Lumos and all bid addenda. 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 Lumos. 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 Lumos, 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 and will become effective upon summary publication ATTEST: indsay Parish "ity Clerk Introduced by the Board of Commissioners, February 24, 2026 Adopted by the Board of Commissioners, March 10, 2026 Recorded by Lindsay Parish, City Clerk, March 10, 2026 Published by The Paducah Sun, March 13, 2026 \ord\Telecommunications Franchise Lumos 2026 read on two separate days Chapter 424.