HomeMy WebLinkAbout1977-699-R • _, , y • , w
RESOLUTION '
A RESOLUTION GRANTING A FRANCHISE TO
INDEPENDENCE COUNTY CABLE TV, INC. TO
CONSTRUCT, OPERATE AND MAINTAIN A
CABLE TELEVISION SYSTEM IN THE
QUAIL VALLEY SUBDIVISION TO THE
CITY OF BATESVILLE, INDEPENDENCE
COUNTY, ARKANSAS: SETTING FORTH
TERMS AND CONDITIONS ACCOMPANYING
THE GRANT OF THE FRANCHISE;
PROVIDING FOR CITY REGULATION
OF THE CABLE TELEVISION SYSTEM.
WHEREAS, the City Council of the City of Batesville,
Arkansas, has found and determined that the public necessity
and convenience of the general public living in Quail Valley
Subdivision of the City of Batesville requires a cable television
system, and,
WHEREAS, the City Council of Batesville, Independence
If-
County, Arkansas, has completed full and open public hearings
on September 13, 1977after public notice of such hearings was
duly published on August 26, 1977, during which any
and all applicants, interested parties, acid members of the
public desiring to make application and/or present evidence
and/or present statements concerning the grant of a cable
television franchise, were afforded an opportunity to do so.
The legal character, financial, technical and other qualification
and adequacy and feasibility of the construction arrangements of
all applicants were fully considered, and the qualifications and
construction program proposal of Independence County Cable TV,
Inc. were approved.
BE IT RESOLVED by the City Council of Batesville, Indepen-
dence County, Arkansas, as follows:
Sec. 1: There is hereby granted by the City to the grantee
that right and privilege to construct, erect, operate and
maintain, in, upon, along, across, above, over and under the
streets, alleys, public ways and public placed now laid out or
dedicated, and all extensions thereof, and additions thereto in
the Quail Valley Subdivision, poles, wires, cables, underground
conduits, manholes, and other television conductors and fixtures
nedessary for the maintenance and operation in Quail Valley
Subdivision to the City of Batesville, Arkansas, a CATV system
for the interception, sale and distribution of television and
radio signals.
Sec. 2: The grantee shall, at all times during the duration
of this franchise, be subject to all lawful exercise of the
police power by the city and to such reasonable regulation as
the city shall hereinafter provide.
Sec. 3: The duration of the rights, privileges and authori-
ties hereby granted shall be fifteen (15) years from the date of
passage of this resolution by the City Council of the City of
Batesville, Independence County, Arkansas; provided, that the
grantee shall have the option of extending this franchise for
an additional period of fifteen (15) years on application by
the grantee not later than six months before the expiration date
of the franchise and not earlier than one year before the
expiration date of the franchise and conditioned upon a review
of the grantee's qualifications and performance and approval
thereof by the City Council.
Sec. 4: The authority hereby granted to conduct a CATV
system in the Quail Valley Subdivision in the City of Batesville,
Independence County, Arkansas, and to use and to occupy the
streets therefor is not and shall not be deemed an exclusive
right or permission. The city expressly reserves the right to
grant similar non-exclusive franchises 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. No such additional franchise
granted by the City shall in anywise affect the obligations of
the grantee hereunder.
Sec. 5: It is agreed and understood between the City of
Batesville and the grantee that the grantee has previously
served the area known as the Quail Valley Subdivision to the
City of Batesville, Arkansas, pursuant to County Court Order
entered by the Independence County Court on September 27, 1971.
However, subsequent to that order, the area known as Quail
Valley Subdivision to the City of Batesville, Arkansas, was
annexed to the City of Batesville, Arkansas. The grantee
warrants to the City that it will obtain a certificate of
compliance from the Federal Communications Commission when
its number of subscribers in the Quail Valley Subdivision
to the City of Batesville, Arkansas, exceeds fifty (50) .
Sec. 6: For the use of the streets and other facilities
of Quail Valley Subdivision to the City of Batesville,
Independence County, Arkansas, in the operation of the CATV
system and for the municipal supervision thereof, the grantee
shall pay to the City annually the sum of One Dollar ($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.
Sec. 7: The grantee shall hold the City of Batesville,
Arkansas, harmless from all claims for damages arising out
of the construction, maintenance, or operation of the said
cable system or other apparatus under the control of the
grantee.
Sec. 8: The company shall render efficient service,
make repairs promptly, and interrupt service only for good
cause and for the shortest time possible. Such interruptions,
insofar as possible, shall be preceded by 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 similar matters, the company shall pro;aptly
investigate such complaints. Where possible, the company shall
investigate such complaints within twenty-four (24) hours of
their receipt. Resolution of such service complaints shall be
made promptly.
Sec. 9: The franchising authority shall have the right
to rescind or revoke the rights herein granted on any substantial
violation by the grantee of any of the obligations and require-
ments contained herein after written notice by the franchising
authority to the grantee in the continuation of such violation,
failure or default.
(a) Such written notice to the grantee shall specify
precisely the manner in which the grantee is in violation,
. (ale `�rM►
failure or default with respect to the franchise;
(b) The notice given by the franchising authority
shall give the grantee a specified, reasonable amount of time
within which to correct the violation, failure or default, but
in no event shall the time period be less than thirty (30) days
from the date of receipt of the notice to the grantee.
Sec. 10: If any section, sub-section, sentence, clause,
phrase, or portion of this franchise is for any reason held
invalid or unconstitutional by any court of competent juris-
diction, or any state or eederal agency having jurisdiction
over such matters, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
Sec. 11: The performance by the grantee hereunder is
subject to limitations, restrictions, or requirements now
existing or which may henceforth be imposed by law, rules, or
other of the Federal Communications Commission or any
other government, board, commission, or authority of any kind.
The grantee shall not be deemed in breach of any of the
requirements of this franchise to the extent it performs in
accordance with or refrains from doing anything prohibited
by such law, rule or order. Should hhe 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 this
franchise within one year of adoption of the modification or
amendment, or any the time of the renewal at the expiration of
this franchise pursuant to Section 3 hereof, whichever occurs
first.
RESOLVED On this day of 1977.
F
7ltL ��t
MayAll or
APPROVED on this day of 1977.
V 01
City Clerk
INDEPENDENCE COUNTY CABLE TV,
INC.
ATTEST-
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CERTIFICATE
I, Marvin Smith, City Clerk of the City of Batesville,
Independence County, Arkansas, do hereby certify that the
foregoing --!//— pages of typewriting are a true and correct
copy of the resolution it purports to be as the same appears
of record in the resolution records of said city.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
seal of said office at Batesville, Independence County
Arkansas, on this AA day of , 1977.
.1ZA1VV JAlf
Marvin Smith, City Clerk
The ward-Record Co. L.Lic.
PUBLISITENS OF THE D,,.IT,Y GUARD
AND WEEKLY RECORD
BATESVILLE, ARKANSAS
PROOF OF PUBLICATION STATE OF ARKANSAS,
ADVERTISEMENT County of Independence
SS. AFFIDAVIT
,e4l
. ......^�'(...................................... .................. hereby certify that I am the
(prapohWox), (manager) of the ........................ ........ ....................I................, a newspaper
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published at regular in Irvals. contir-acusly at Batesville, Independence County, Arkansas.
for inoie than a period of twelve months, circulated and distributed from an established
place of business to subscribers aria readers generally of all classes in the City and County
for a definite price for each copy, or a fixed price per annum, which price was fixed at
what is considered the value of the 1,ublication, based upon the news value and service
r value it contains: that at least fifty per cent of the subscribers thereto have paid cash for
their subscription to the newspaper or its agents or through recognized news dealers over
a period of at least six month.,; and that the said newspaper publishes an average of
more thai) forty per cent news matter.
Jek I further certify that the legal notice hereto attached was published in said newspaper
Z for comweewbOve insertions as flows:
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The first insertion on the ................. day of 19.7
sertion on the ........................ day of ..... 19............, the third insertion on the
..............day of ................................. 19....._....., and th fourth insertion on the ..................
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dayof ................................. 19.............
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Sworn to and subscribed before me this ... day •0 ............ 19..7..7..
............P. ............................ ............ ........ .. ..........
My Cominission exp ....... ........................................
Publicati( ................. Received payment ........................................................... 19, ........
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