1689ORDINANCE NO. 1689 (#08 - 2022)
AN ORDINANCE AUTHORIZING A FRANCHISE AGREEMENT FOR FIBER OPTIC
CABLE, DATA MANAGEMENT, DIGITAL INFORMATION SERVICES, AND
ELECTRONIC TRANSMISSION COMMUNICATIONS SERVICES WITHIN THE CITY
WITH UNITE PRIVATE NETWORKS LLC; AND, FOR OTHER PURPOSES.
Whereas, Unite Private Networks, LLC, through it and its subsidiaries, which will, if
approved, provide fiber optic cable and electronic transmission communication services to certain
areas of Jacksonville, and 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 CITY COUNCIL OF THE CITY
OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Unite Private Networks, LLC, (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, Unite Private Networks, LLC, and its
subsidiaries, agrees to pay City a Four and One -Quarter Percent (4.25 %) annual Franchise Fee
after installation of their lines and equipment in City Rights of Way becomes effective, anticipated
to be March 18, 2022, 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. Payments of franchise fees shall be made on a quarterly
basis and shall be remitted not later than thirty (30) days after the last day of March, June,
September, and December throughout the term of this Agreement.
SECTION THREE: The term of this franchise shall be for a period up to and
including March 18, 2032, together with options to renew said franchise for ten (10) years, at the
discretion of City and Franchisee. This franchise may be renewed in accordance with proper
procedures as contained 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.
ORDINANCE NO. 1689 (#08 - 2022)
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SECTION FOUR: 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 FIVE: 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 SIX: This Ordinance shall take effect from after its date of
passage, pursuant to and under the authority of applicable law.
APPROVED AND ADOPTED THIS 7TH DAY OF APRIL, 2022.
CITY OF JACKSONVILLE, ARKANSAS
By:
BO JOHNSON, MAYOR
ATTEST:
SUSAN L. DA)VITT, CITY CLERK
APPROVED AS TO FORM:
STEPHANIE FRIEDMAN, CITY ATTORNEY