1163
0000:12
ORDINANCE NO. 1163 (#17-01)
AN ORDINANCE AMENDING ORDINANCE NOS. 234, 402, AND 546;
PROVIDING RENEWAL OF A FRANCHISE AGREEMENT FOR CABLE
COMMUNICATIONS SERVICES; PROVIDING FOR COMPENSATION
THROUGH A FRANCHISE FEE TO THE CITY; AND, FOR OTHER
PURPOSES.
WHEREAS, Comcast Cablevision of Arkansas, Inc. and/or its predecessors
have been providing cable services to residents of Jacksonville since 1970
pursuant to a franchise previously issued by the City and has substantially
complied with the terms of its existing franchise agreement; and,
WHEREAS, Comcast and the City wish to renew the non-exclusive franchise
to provide cable communications services in the City pursuant to the terms of
a Franchise Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THA T:
SECTION ONE: Comcast Cablevision of Arkansas, Inc., its
successors or assigns, is hereby granted by the City a non-exclusive right to
construct, erect, operate, upgrade and maintain along, across, above, in,
over, under, upon, the alleys, avenues, bridges, boulevards, highways, lanes,
public property, public rights-of-way, sidewalks, or streets now laid out or
dedicated, and all extensions thereof and additions thereto in the City, a
cable communications system for the transmission to subscribers of cable
communications services, together with subscriber interaction required for the
selection and use of such services. The right to use and occupy said alleys,
avenues, bridges, boulevards, highways, lanes, public property, public rights-
of-way, sidewalks, or streets shall not be exclusive, and the City reserves the
right to grant similar use of such to any person at any time during the period
of this franchise.
SECTION TWO: Comcast Cablevision of Arkansas, Inc. agrees to
pay to the City a Four percent (4%) annual franchise fee during the term of
the franchise period in exchange for the use and benefit of the public rights-
of-way and streets. Said payments shall be calculated based on all monies
(Gross Revenues) received by Comcast for cable communications services
within the City.
SECTION THREE: The term of this franchise shall be for Ten (10)
years from its effective date. This franchise may be renewed by Comcast in
accordance with proper procedures as contained in 47 U.S. Code 9 546,
which is incorporated herein by reference.
SECTION FOUR: Comcast Cablevision of Arkansas, Inc. agrees to
hold the City harmless from any and all liability occasioned by its operation of
the cable communication system and to keep in force and effect sufficient
liability insurance [ minimum policy protection - Two Million Dollars
($2,000,000.00) ] as is reasonable necessary to protect both the Company
and the City. Comcast shall keep on file with the City Clerk a certificate from
OCOC13
ORDINANCE NO. 1163 (17 - 01)
SEPTEMBER ~C'1- ,2001
PAGE TWO
an "A" rated liability insurance company licensed to do business in the State
of Arkansas noting that said policy is in full force and effect.
SECTION FIVE: In providing cable communication services to the
citizens of Jacksonville, Comcast nor its employees, agents, representatives,
contracts, subcontracts, or consultants shall discriminate or permit
discrimination between or among any persons in the availability area of cable
communications services.
SECTION SIX: In the event the City grants a franchise to another
cable communications provider to operate and maintain a cable
communications system within the City to deliver signals to subscribers'
homes, that or any other provider will be subject to the same or similar
burdens, prerequisites, or obligations as are imposed on Comcast by local,
state, and federal laws.
SECTION SEVEN: If, in the City's judgment, Comcast is or may be in
violation or breach of any term or condition of this Ordinance or franchise
agreement pursuant hereto, the City shall notify the provider of the suspected
violation or breach. Upon notification, Comcast shall supply to the City within
Thirty (30) days all applicable information and documentation as requested
with respect to the suspected breach or violation, together with such
statement as it wishes in an effort to explain or mitigate the violation or
breach.
Should the City not be satisfied with the information, documentation,
or explanation of Comcast, it may make a finding of a breach or violation and
notify the provider of such a finding. Thereafter, Comcast shall have a
reasonable period of time (the "Cure Period") as determined by the City to
take such steps as are necessary to cure the violation or breach. If, at the
conclusion of the Cure Period, the City determines that there remains a
breach or violation of this Ordinance or franchise agreement pursuant hereto,
the City shall schedule a hearing before the City Council for the purpose of
making a final determination as to whether a violation or breach exists. At
the hearing, Comcast or its representatives, the City, and/or members of the
public may present evidence relevant to the alleged violation or breach.
To the extent not inconsistent with State or Federal law, at the
conclusion of the hearing regarding this matter and appropriate deliberation
thereof, the City Council shall take such steps as deemed appropriate. Those
steps may include, but are not limited by, the following:
a) Pursuing any of the remedies available to it as provided by this
Ordinance or the franchise agreement;
b) Directing the provider to take such steps as are necessary to
cure the violation or breach within a reasonable period or face
forfeiture; and/or,
c) Declaring a forfeiture of the franchise and ordering the provider
to take such steps as are consistent or required by State and/or
Federal law.
SECTION EIGHT: 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.
000014
ORDINANCE NO. 1163 (#17 - 01)
SEPTEMBER :~(~~ 2001
PAGE THREE
SECTION NINE: This Ordinance shall take effect from and after its
date of passage, pursuant to and under the authority of applicable law.
APPROVED AND ADOPTED THIS ~() rj, DA Y OF SEPTEMBER/ 2001.
CITY OF JACKSONVILL~ ARKANSAS
ATTEST:
~ ~~L_l(L "_
TOMMY SWAIJI1, 1A YOR
(
(I
',---- .
-I \
(\ JJtJ. ,~-
r[ERK
/
APl}rf~VED AS
/1/)) ..
ROBtRT E BA'MQURG