1748ORDINANCE NO. 1748 (#01 - 2024)
AN ORDINANCE AUTHORIZING A FRANCHISE AGREEMENT FOR FIBER OPTIC
CABLE, DATA MANAGEMENT, DIGITAL INFORMATION SERVICES, AND
ELECTRONIC TRANSMISSION COMMUNICATIONS SERVICES WITHIN THE CITY
WITH CONNECT2FIRST; AND, FOR OTHER PURPOSES.
Whereas, Connect2First, LLC provides 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: Connect2First, 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, 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 effective January 1, 2024, 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
December 31, 2034, together with options to renew said franchise for twenty (20) 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. 1748 (#01 - 2024)
Page Two
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 15TH DAY OF FEBRUARY, 2024.
CITY OF JACKSONVILLE, ARKANSAS
By:
EFF ELMORE, MAYOR
ATTEST:
SUS L. DAVIT ,CITY CLERK
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APPROVED AS TO FORM:vz- l�
ST NIE FRIEDMAN, CITY ATTORNEY