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15270,0132 I _*j ral 0 1,1112F)l AN ORDINANCE REVISING THE FRANCHISE AGREEMENT FOR FIBER OPTIC CABLE, DATA MANAGEMENT, DIGITAL INFORMATION SERVICES, AND ELECTRONIC TRANSMISSION COMMUNICATIONS SERVICES WITHIN THE CITY WITH WINDSTREA M COMMUNICA TIONS; AND, FOR OTHER PURPOSES, Whereas, Windstream Communications, who has provided fiber optic cable and electronic transmission communication services to residents of Jacksonville since 2012, is willing to pay a franchise fee for the privilege of providing said services and utilizing public Rights -of -Way. However, due to state and federal provisions, the parties wish to modify their non-exclusive Franchise to allow Windstream to provide fiber optic cable, data management, digital information services, electronic transmission communication services, and telecommunication services in the City pursuant to a revised Franchise Agreement with a revised Franchise Fee rate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFJACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Through passage of Ordinance No. 1515 (#08-2014), Windstream Communications and its subsidiaries currently known as Windstream NuVox Arkansas, Inc., McLeodUSA Telecommunications Services, L.L.C., PaeTec Communications, Inc., Valor Telecommunications of Texas, L.L.C., Windstream Arkansas, L.L.C., and Windstream Communications, Inc., their successors or assigns, were hereby granted by City a non-exclusive right to construct, erect, operate, upgrade, and maintain along, across, above, in, over, under, 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: The Franchisee, Windstream Communications and its subsidiaries, agrees to pay City a Four and One -Quarter Percent (4.25 %) annual Franchise Fee since installation of their lines and equipment in City Rights of Way effective January 1, 2012, 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 Windstream from its fiber optics cable and 0 11C� 0 13 3 Ordinance No 1527 (#07 - 20 15) Page Two 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. SECTION THREE The Franchisee, Windstream Communications and its subsidiaries, agrees to pay City a Four and 25/100 Percent (4.25%) annual Franchise Fee since installation of their lines and equipment in City Rights of Way effective January 1, 2012, 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 Windstream 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, 2019, together with options to renew said franchise for Four (4) periods of Five (5) years each at the discretion of City and Windstream. 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 execute a Franchise Agreement containing like terms and conditions after approval of the City 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. DA Y OF MA Y, 2015. APPROVED AND ADOPTED THIS . Ordinance No 1527 (#07 Page Three