1533ORDINANCE NO. 1533 (#13 - 2015)
AN ORDINANCE AUTHORIZING A FRANCHISE AGREEMENT FOR FIBER OPTIC
CABLE, DATA MANAGEMENT, DIGITAL INFORMATION SERVICES AND
WI O
ELECTRONIC TRANSMISSION COMMUNICATIONS SERVICES N THE
CITY WITH RITTER COMMUNICATIONS HOLDINGS, INC,; AND, FOR OTHER
PURPOSES,
Whereas, Ritter Communications Holdings, Inc., through its subsidiaries, who will,
if approved, provide fiber optic cable and electronic transmission communication services
to certain areas of Jacksonville, is willing to pay a franchise fee for the privilege of
providing said services and utilizing the City's public Rights -of -Way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY
OFIACKSONVILLE, ARKANSAS, THAT:
SECTION ONE; Ritter Communications Holdings, Inc., and its
subsidiaries, Ritter Transport, E. Ritter Communications, Inc., and Ritter Cable
Corporation (hereinafter designated as Franchisee), their successors or assigns, are
hereby granted by City a non-exclusive right to construct, erect, operate, upgrade, and
maintain along, across, above, in, over, under, and 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; Franchisee, Ritter Communications Holdings, Inc., 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
August 1, 2015, 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 Franchisee from its fiber optics cable and
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.
Ordinance N®1533 (#13 - 2015)
Page Two
SECTION THREE; Franchisee, Ritter Communications Holdings, Inc., 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 August 1,
2015, 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 Franchisee 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, 2020, together with options to renew said franchise for Four
(4) periods of Five (5) years each at the discretion of City and Franchisee. 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.
APPROVED AND ADOPTED THIS r -r DAY OF OCTOBER, 2015.
Ordinance No 1533 (#13 - 2015)
Page Three
ATTEST.•
0
LEADER PUBLISHING, INC.
P.O. Box 766 • 404 Graham Road • Jacksonville, Ark. • 72076
105 North 8th Street • Cabot, Ark. • 72023
(501) 982-9421 • (501) 941-5132 • 501-985-0026 (Fax)
Publishers of The Leader on Wednesdays and Saturdays in North Pulaski, Lonoke, White and Prairie Counties
Combat Airlifter — The only officially sanctioned newspaper at Little Rock Air Force Base
Arkansas Aging — Arkansas' Premier Senior Newspaper
State of Arkansas
County of Pulaski
County of Lonoke
This is to certify that the attached legal advertisement
being City of Jacksonville
In the matter of Notice of Public Hearing
pending in the t
court of said county, was published for 1 Ili
k
consecutive times on the following dates:
September 19th , 2015,
2015,
, 2015, 12015,
, 2015, 2015,
in the regular edition of The Leader, a newspaper of
general bona fide circulation, having a Periodical Postal
Permit and published continuously for a period of more
than one year in the County of Lonoke, County of Pulaski,
County of White or County of Prairie, State of Arkansas.
PUBLICATION FEE....... 48.40
•
By: —
(for Garrick' man, puis er
State ofar as
Counfv of Lonoke
�SUBSPRIBED AN
,23J DA lr' `6F�
(Joseph6M. Robinson)
N TO BEFORE ME ON THIS
Notary Public, Lonoke Co., Arkansas
Commission #12388483
My commission expires July 25, 2022
2Q1 5.
�' ��: •PRY P(/e '• �' 'y
ARKANSAS g
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