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1709ORDINANCE NO. 1709 (#28 - 2022) AN ORDINANCE AMENDING ORDINANCE NOS. 234, 402, 546, 1163, AND 1470; PROVIDING RENEWAL OF A FRANCHISE AGREEMENT FOR CABLE COMMUNICATIONS SERVICES; PROVIDING FOR COMPENSATION THROUGH A FRANCHISE FEE PAYABLE TO THE CITY; AND, FOR OTHER PURPOSES. Whereas, Comcast of Arkansas, Inc. and/or its predecessors have been providing cable services to the 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 Franchise to provide cable communication 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, THAT: SECTION ONE: Comcast of Arkansas, Inc., (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 cable communication services. SECTION TWO: Franchisee, Comcast of Arkansas, Inc., and its subsidiaries, agrees to pay City a Five percent (5 %) annual Franchise Fee throughout the term of the franchise period in exchange for the use and benefit of City's Rights -of -Way for their cable communications system. Said payments shall be calculated based on all monies (Gross Revenues) received by Franchisee from its cable communications systems and/or other services within the City. SECTION THREE: The term of this franchise shall be for a period up to and including December 31, 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. SECTION FOUR: 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. ORDINANCE NO. 1709 (928 - 2022) Page Two SECTION FIVE: If, in the City's judgment, Comcast is or may be in violation or breach of any term or conditions 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 statements as it wishes in an effort to explain or mitigate the violation or breech. Should the City not be satisfied with the information, documentation, or explanations 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 that are necessary to cure the violation or breach. If, at the 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 no 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 its as provided by this Ordinance or the Franchise Agreement; b) Directing the provider to take such steps as 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 SIX: 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 SEVEN: 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 EIGHT: This Ordinance shall take effect from after its date of passage, pursuant to and under the authority of applicable law. ORDINANCE NO. 1709 (#28 - 2022) Page Three APPROVED AND ADOPTED THIS 20T4 DAY OF OCTOBER, 2022. CITY OF JACKSONVILLE, ARKANSAS By: BOB JOHNSON, MAYOR ATTEST: , CITY CLERK APPROVED AS TO FORM: STEP"A IE FRIEDMAN, CITY ATTORNEY