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1470 ORDINANCE NO. 1470(#1 - 13) AN ORDINANCE AMENDING ORDINANCE NOS. 234, 402, 546, AND .1163; 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 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, THAT: SECTION ONE: Comcast 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(s) and/or entity(ies) at any time during the period of this Franchise. SECTION TWO: Comcast of Arkansas, Inc. agrees to pay the City a Five percent (5%) 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 a period up to and including December 31, 2022. This Franchise may be renewed by Comcast 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 with like terms and conditions as contained herein. Ordinance No 1470(#1 - 13) Page Two SECTION FOUR: Comcast 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 sufficient liability insurance [minimum policy protection—Two Million Dollars ($2,000,000.00)] as is reasonably necessary to protect both the Company and the City. Comcast shall keep on file with the City Clerk a certificate from 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 the 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 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 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 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 as are necessary to cure the violation or breach. If, at the breach 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 Ordinance No 1470(#1 - 13) Page Three take such steps as deemed appropriate. Those steps may include, but are not limited by, the follow: 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. SECTION NINE: This Ordinance shall take effect from after its date of passage, pursuant to and under the authority of applicable law. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY, 2013. - CITY OF JACKSONVILLE,ARKANSAS ■ , ��� GARY " CHEF, MAYOR ATTEST. APPR LIED AS TO' 0' C...„," / zji trar / 1 1'\0)■,•)k ATt''' i ' , filik ,` USAN L. DA , CITY CLEK ROBE'TE. BA BURG, C ' ATTO'