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Home My WebLink About1979-719-R �w BEFORE THE CITY COUNCIL OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS RE: PETITION OF INDEPENDENCE COUNTY CABLE TV, INC. FOR A NON- EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY LIMITS OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS RESOLUTION WHEREAS, Independence County Cable TV, Inc. has filed a petition asking the Batesville City Council to adopt a resolution granting to it a non-exclusive franchise to construct, operate and maintain a cable television system in the City of Batesville, Arkansas, and WHEREAS, the City Council of Batesville, Arkansas desires to hold a public hearing in order to determine whether said petition should be granted and such a resolution enacted. NOW, THEREFORE, be it resolved by the City Council of Batesville, Independence County, Arkansas, that the City Clerk be, and he is hereby, directed to give notice by publication once a week for two weeks in the Batesville Daily Guard that on the P77 day of Ft-bl"u$r y 1979, at 7:00 P.M. there shall be held before the Batesville City Council a public hearing in the City Hall of Batesville, Arkansas, on said petition to determine whether it should be granted and the requested resolution enacted. ADOPTED this 13th day of February, 1979. 4PeytGolden, Mayor ATTEST: Larry Wi liams, City Clerk (W BEFORE THE CITY COUNCIL OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS RE: PETITION OF INDEPENDENCE COUNTY CABLE TV, INC. FOR A NON- EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY LIMITS OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS PETITION Comes now Independence County Cable TV, Inc. , by and through its attorneys, Highsmith, Gregg, Hart & Farris, and for its petition for a non-exclusive franchise to construct, operate and maintain a cable television system in the city limits of Batesvill , Independence County, Arkansas, state and allege: (1) Petitioner is the grantee in Resolution #699 from the City Council of the City of Batesville, Arkansas granting to it a non-exclusive franchise to construct, operate and maintain a cable television system in the Quail Valley Subdivision to the City of Batesville, Independence County, Arkansas. Said resolution is dated September 13, 1977. (2) Petitioner was granted a non-exclusive permit and franchise to construct, operate, inspect and maintain a television cable service in Independence County, Arkansas, outside the corporate limits of the cities or incorporated towns in Indepen- dence County, Arkansas, pursuant to an order of the County Court of Independence County, Arkansas, dated September 27, 1971, and filed September 27, 1971. (3) Petitioner respectfully requests the City Council to conduct a full and open public hearing on this petition following public notice pursuant to resolution adopted by the City Council. (4) Following said public hearing, petitioner respectfully requests the City Council of Batesville, Arkansas, to grant to the petitioner the non-exclusive franchise, right, and privilege, Af to construct, erect, operate and maintain, in, upon, along, across above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in Batesville, Arkansas, of a CATV system for the interception, sale and distribution of television and radio signals. (5) Petitioners submit that at all times during the granted franchise, they will be subject to all lawful exercise of the (W police power by the City and to such reasonable regulation as the City shall hereinafter provide. (6) Petitioners submit that the franchise, rights, privileges and authorities granted be of duration of 15 years from the date of the grant by the City Council of the City of Batesville, Independence County, Arkansas. The franchise shall further grant to the petitioner the option of extending the franchise so granted for an additional period of 15 years on application by petitioner not later than six months before the expiration date of the origin I franchise and not earlier than one year before the expiration date of the franchise, and conditioned further upon a review of the petitioner' s qualifications and performance and approval thereof by the City Council. (7) Petitioner further submits that the franchise granted to it shall not be deemed an exclusive right or permission and the City may expressly reserve the right to grant a similar non-exclu- sive franchise to other persons, firms or corporations to conduct CATV and to use the streets of the City therefor within the same or other areas of the City at any time or any period of time. -2- �w (8) For the use of the streets and other facilities of the City of Batesville, Independence County, Arkansas, in the opera- tion of the CATV system and for the municipal supervision thereof, petitioner shall pay to the City annually the sum of $1.00 for each subscriber per year, said sum to be payable on an annual basis by the 10th day of January of each year. (9) The petitioner shall hold the City of Batesville, Arkansas , harmless from all claims for damages arising out of the construc- tion, maintenance or operation of the said cable system or other apparatus under the control of the grantee. (10) Petitioner submits that it will render efficient service, �w make repairs promptly, and interrupt service only for good cause and for the shortest possible time. Such interruptions, insofar as possible, shall be preceded by a notice and will occur during periods of minimum use of the system. Upon receipt of a complaint regarding the quality of service, equipment malfunction, and other similar matters, the company shall promptly investigate such complaints. Where possible, the company shall investigate such complaints within 24 hours of the receipt and resolution of servic complaints shall be made promptly. (11) Petitioner submits that the City shall have the right to rescind and revoke the rights herein granted on any substantial violation by petitioner of any of its obligations and requirements after written notice by the City to the petitioner in the continua- tion of such violations, failure or default. (12) Petitioner submits that its performance shall be subject to limitations, restrictions, or requirements now existing or which ay henceforth be imposed by law, rules, or other of the Federal Zommunications Commission or any other government, board, commis- ion, or authority of any kind. Petitioner shall not be deemed to -3- be in breach of any of the requirements of the franchise to the extent it performs in accordance with or refrains from doing any- thing prohibited by such law, rule or order. Should the Federal Communications Commission modify or amend the provisions of Section 76. 31 of its rules and regulations entitled "Franchise Standards" , such modifications or amendments shall be incorporated into any franchise granted to the petitioner within one year of adoption of the modification or amendment, or at the time of renewal. WHEREFORE, petitioner prays that the City Council of Batesville, Independence County, Arkansas, adopt a resolution setting this petition for public hearing; following notice as prescribed by the Council, hold a public hearing on this petition and grant to the petitioner a non-exclusive franchise to operate and maintain a cable television system in the City of Batesville, Independence County, Arkansas . HIGHSMITH GREGG, HART & FARRIS By John C. Greg Att rney at Law Box 2496 - 262 Boswell Batesville, AR 72501 Attorneys for Petitioner r �W BEFORE THE CITY COUNCIL OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS RE: PETITION OF INDEPENDENCE COUNTY CABLE TV, INC. FOR A NON- EXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE CITY LIMITS OF BATESVILLE, INDEPENDENCE COUNTY, ARKANSAS PUBLIC NOTICE Notice is hereby given that a public hearing will be held before the City Council of Batesville, Independence County, Arkansas, on Tuesday, 1 1979, at 7:00 P.M. or as soon thereafter as the matter can be heard concerning the grant of a franchise to Independence County Cable TV, Inc . to construct, operate and maintain a cable television system in the City of Batesville, Independence County, Arkansas. Any and all applicants, interested parties, or members of the public desiring to present evidence or present statements concerning the grant of the non-exclusive franchise are hereby notified to be present. The hearing date for this matter was set by the City Council of Batesville, Arkansas at its regular meeting on Tuesday, February 13, 1979. City Cler �W