15270,0132
I _*j ral 0 1,1112F)l
AN ORDINANCE REVISING THE FRANCHISE AGREEMENT FOR FIBER OPTIC
CABLE, DATA MANAGEMENT, DIGITAL INFORMATION SERVICES, AND
ELECTRONIC TRANSMISSION COMMUNICATIONS SERVICES WITHIN THE
CITY WITH WINDSTREA M COMMUNICA TIONS; AND, FOR OTHER PURPOSES,
Whereas, Windstream Communications, who has provided fiber optic cable and
electronic transmission communication services to residents of Jacksonville since 2012, is
willing to pay a franchise fee for the privilege of providing said services and utilizing public
Rights -of -Way. However, due to state and federal provisions, the parties wish to modify
their non-exclusive Franchise to allow Windstream to provide fiber optic cable, data
management, digital information services, electronic transmission communication
services, and telecommunication services in the City pursuant to a revised Franchise
Agreement with a revised Franchise Fee rate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OFJACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Through passage of Ordinance No. 1515 (#08-2014),
Windstream Communications and its subsidiaries currently known as Windstream NuVox
Arkansas, Inc., McLeodUSA Telecommunications Services, L.L.C., PaeTec
Communications, Inc., Valor Telecommunications of Texas, L.L.C., Windstream Arkansas,
L.L.C., and Windstream Communications, Inc., their successors or assigns, were hereby
granted by City a non-exclusive right to construct, erect, operate, upgrade, and maintain
along, across, above, in, over, under, upon, the public utility Rights -of -Way, now laid out,
dedicated, and all extensions thereof and additions thereto in the City, for purposes of
installation, maintenance, and operation of a fiber optics cable and communications
system for transmission to business and residential customers cable, communications,
data, internet, networking services and systems, and telecommunication services,
together with subscriber interaction required for the selection and use of such services.
SECTION TWO: The Franchisee, Windstream Communications and its
subsidiaries, agrees to pay City a Four and One -Quarter Percent (4.25 %) annual
Franchise Fee since installation of their lines and equipment in City Rights of Way effective
January 1, 2012, and throughout the term of the franchise period in exchange for the use
and benefit of City's Rights -of -Way for their fiber optics, cable, digital communication, and
networking and data management systems. Said payments shall be calculated based on
all monies (Gross Revenues) received by Windstream from its fiber optics cable and
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Ordinance No 1527 (#07 - 20 15)
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communications system for transmission to business and residential customers' cable,
communications, data, internet, and networking services and systems, together with
subscriber interaction required for the selection and use of such services within the City.
SECTION THREE The Franchisee, Windstream Communications and its
subsidiaries, agrees to pay City a Four and 25/100 Percent (4.25%) annual Franchise Fee
since installation of their lines and equipment in City Rights of Way effective January 1,
2012, and through the term of the franchise period in exchange for the use and benefit of
City's Rights -of -Way for their telecommunication services. Said payments shall be
calculated based on all monies (Gross Revenues) received by Windstream from its
communications system for transmission to business and residential customers'
telecommunications services and systems, together with subscriber interaction required
for the selection and use of said services within the City.
SECTION FOUR: The term of this franchise shall be for a period up to
and including December 31, 2019, together with options to renew said franchise for Four
(4) periods of Five (5) years each at the discretion of City and Windstream. This franchise
may be renewed in accordance with proper procedures as contain in 47 USC § 546, which
is incorporated herein by reference, and the Mayor and City Clerk are hereby authorized to
execute a Franchise Agreement containing like terms and conditions after approval of the
City Attorney as to such form and terms.
SECTION FIVE: All other terms and conditions as outlined in the
parties' Franchise Agreement not specifically modified herein shall continue in full force
and effect as if restated herein word for word.
SECTION SIX: Should any section, clause, or provision of this
Ordinance or the Franchise Agreement pursuant thereto be declared invalid by a Court of
competent jurisdiction, such a ruling shall not affect the validity of the Ordinance as a
whole or any part thereof, other than the part so declared invalid.
SECTION SEVEN: This Ordinance shall take effect from after its date of
passage, pursuant to and under the authority of applicable law.
DA Y OF MA Y, 2015.
APPROVED AND ADOPTED THIS .
Ordinance No 1527 (#07
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