15860000 71.
ORDINANCE NO. 1586 (#08 -.x®18)
AN ORDINANCF AUTHORIZING A FRA NCHISEAGRFEMENT FOR FIBER opTIC
CABLE, DATA. MANAGEMENT DIGITAL INFORMATION SERVICES; AND
ELECTRONIC TRANSMISSIO V COMMUNICATIONS SERVICES WITHIN THE.
CITY. WITH MCIMETRO ACCESS TRANSMISSION SERVICES CORP.; D- 181A
VERIZON ACCESS TRANSMISSION SERVICES; A SUBSIDIARY OF
VERIZON, A DELA WARE CORPORATION; AND, FOR OTHER. PURPOSES,
Whereas, MCZmetro Access Transmission Services Corp., d/b/a Verizon Access
Transmission Services, a subsidiary of Verizon, a. Delaware Corporation �, through it and
its subsidiaries, which 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.
NON; THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY
OF]ACKSONVILLE, ARKANSAS, .THAT•
SECTION ONE.- MCI metro Access Transmission Services Corp., d/b/a
Verizon Access Transmission Services, a subsidiary of Verizon, a Delaware
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, MCImetro Access Transmission Services.
Corp., d/b/a Verizon Access Transmission Services, a. subsidiary of Verizon, a
Delaware Corporation, and its subsidiaries, agrees to pay City a Four and. One -Quarter
Percent (4.2.5 %) annual Franchise Fee after installation of their lines. and equipment in
City Rights of Way becomes effective, anticipated to be September 1,: 2018, 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,
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Ordinance No I585 (#08 - 2018)
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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: Franchisee, MCimetro Access Transmission Services
Corp., d/b/a Verizon Access Transmission Services,. a subsidiary of Verizon, a
Delaware Corporation, agrees to pay City a Four and. 251100 Percent {4.25%) annual
Franchise Fee upon. installation of their lines and equipment in City Rights of Way,
anticipated to be effective September 1,.2018; 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., 2023.., 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
executea Franchise Agreement containing like terms and Conditions after approval of the
C4: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.
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Ordinance No 1586 (#08 - 2018)
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APPROVED AN]ADOPTED THIS 2.1SrDAY OF]UNE, 2018.
C17-)'QF-7ACKSONVICLE, ARKANSAS