HomeMy Public PortalAboutOrdinance 26-2021EXHIBIT C
ORDINANCE 26-2021
AN ORDINANCE AUTHORIZING THE CITY OF HOPKINSVILLE, KENTUCKY
TO ENTER INTO A FRANCHISE AGREEMENT WITH OPENFIBER KENTUCKY
COMPANY LLC, GRANTING A TEN (10) YEAR,
NON-EXCLUSIVE FRANCHISE FOR A TELECOMMUNICATION
SYSTEM WITHIN THE CITY LIMITS OF HOPKINSVILLE
WHEREAS, pursuant to its powers under Sections 163 and 164 of the Kentucky
Constitution, Hopkinsville City Council may create franchises for telecommunications
systems; and
WHEREAS, by Ordinance 18-2021, the City of Hopkinsville created a ten (10)
year, non-exclusive franchise for a telecommunications system within the city limits of
Hopkinsville; and
WHEREAS, the City of Hopkinsville offered at bid a non-exclusive
telecommunications franchise pursuant to Ordinance 18-2021; and
WHEREAS, OpenFiber Kentucky Company LLC ("OFKY") has submitted a
complete application, including an addendum, for a telecommunications franchise, in
accordance with the terms and conditions reflected in Ordinance 18-2021; and
WHEREAS, the City of Hopkinsville has reviewed OFKY's application and its
addendum, and wishes to grant a non-exclusive telecommunications franchise to OFKY
by entering into a franchise agreement with that company.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF HOPKINSVILLE, KENTUCKY AS FOLLOWS:
SECTION ONE
That the Mayor is hereby requested and authorized to enter into a franchise
agreement with OFKY for a ten (10) year, non-exclusive franchise, the terms of which are
subject to the provisions of Ordinance 18-2021.
SECTION TWO
If any section, subsection, sentence, clause, or phrase of this ordinance is held
unconstitutional or otherwise invalid, such infirmities shall not affect the validity of the
remaining portions of this ordinance.
Ordinance 26-2021
Prepared by Linda Ain
Page 1 of 2
SECTION THREE
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
SECTION FOUR
This ordinance shall take effect after its passage and publication according to
law.
ORDINANCE 26-2021
TELECOMMUNICATIONS FRANCHISE
PUBLICLY READ AND PASSED FIRST TIME: NOVEMBER 2. 2021
PUBLICLY READ AND PASSED SECOND TIME: NOVEMBER 16 2021
APPROVED:
Wendell A. Lyl!i
Mayor
ATTEST: 91um-.A
Christine M. Fletcher, MMC
City Clerk
Ordinance 26-2021
Prepared by Linda Ain
Page 2 of 2
Ordinance'
was published in the Kentucky New Era
on: L
As Certified By
AFFP
ORDINANCE 26-2021
Affidavit of Publication
STATE OF KY) SS
COUNTY OF CHRISTIAN }
Leona A. Hendrix, being duly sworn, says:
That she is Accounting Clerk of the Kentucky New Era, a
newspaper of general circulation, printed and published in
Hopkinsville, Christian County, KY; that the publication, a
copy of which is attached hereto, was published in the
said newspaper on the following dates:
November 24, 2021
Publisher's Fee: $ 211.75
That said newspaper was regularly issued and circulated
on those dates.
SIGN :
Subscribed to and sworn to me this 24th day of November
2021.
00007678 70223710
•�pT.QRy •.t�i1,``.
ID NO. 632316 •°, :J
EXPIFLS
8)26,'2023
Tiffany Terrell
City of Hopkinsville
715 S. Virginia St
Hopkinsville, KY 42240
ORDINANCE 26-2021
AN ORDINANCE AUTHORIZING THE CITY OF
HOPKINSVILLE, KENTUCKY
TO ENTER INTO A FRANCHISE AGREEMENT WITH OPENFIBER KENTUCKY
COMPANY LLC, GRANTING A TEN (10) YEAR,
NON-EXCLUSIVE FRANCHISE FOR A TELECOMMUNICATION SYSTEM WITHIN
THE CITY LIMITS OF HOPKINSVILLE
WHEREAS, pursuant to its powers under Sections 163 and 164 of the Kentucky
Constitution, Hopkinsville City Council may create franchises for telecommunications
systems; and
WHEREAS, by Ordinance 18-2021. the City of Hopkinsville created a ten (10) year,
non-exclusive franchise for a telecommunications system within the city limits of
Hopkinsville; and
WHEREAS, the City of Hopkinsville offered at bid a non-exclusive
telecommunications franchise pursuant to Ordinance 18-2021; and
WHEREAS, OpenFiber Kentucky Company LLC ("OFKY") has submitted a complete
application, including an addendum, for a telecommunications franchise, in
accordance with the terns and conditions reflected In Ordinance 18-2021; and
WHEREAS, the City of Hopkinsville has reviewed OFKY's application and its
addendum, and wishes to grant a non-exclusive telecommunications franchise to
OFKY by entering into a franchise agreement with that company.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HOPKINSVILLE, KENTUCKY AS FOLLOWS:
SECTION ONE
That the Mayor Is hereby requested and authorized to enter into a franchise
agreement with OFKY for a ten (10) year, non-exclusive franchise, the terms of
which are subject to the provisions of Ordinance 18-2021.
SECTION TWO
If any section, subsection, sentence, clause, or phrase of this ordinance is held
unconstitutional or otherwise invalid, such infirmities shall not affect the validity of the
remaining portions of this ordinance.
SECTION THREE
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed.
SECTION FOUR
This ordinance shall take effect after its passage and publication according to law.
ORDINANCE 26-2021
TELECOMMUNICATIONS FRANCHISE
PUBLICLY READ AND PASSED FIRST TIME: NOVEMBER 2, 2021
PUBLICLY READ AND PASSED SECOND TIME: NOVEMBER 16, 2021
APPROVED:
Is/Wendell A. Lynch
Wendell A. Lynch
Mayor
ATTEST:
Is/Christine M. Fletcher
Christine M. Fletcher, MMC
City Clerk
This advertisement was paid for by the City of Hopkinsville
using taxpayer dollars in the amount of $211.75.