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HomeMy WebLinkAboutOrdinance 1404 ORDINANCE NO, 1404 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, COUNTY OF WASHINGTON, STATE OF ARKANSAS, AMENDING ORDINANCE NOS , 1028 AND 1146 , GRANTING TO THE FAYETTEVILLE BROADCASTING COMPANY , A CORPORATION, ITS SUCCESSORS , LESSEES AND ASSIGNS, THE RIGHT AND PRIVILEGE AND FRANCHISE TO USE AND OCCUPY FOR TELEVISION SERVICE , THE STREETS , AVENUES, ROADS AND HIGHWAYS , AND OTHER PUBLIC PLACES OF THE CITY , FOR THE PURPOSE OF ERECTING, CONSTRUCTING, OWNING, LEASING , OR OTHERWISE ACQUIRING, MAINTAINING OR OPERATING TELEVISION LINES TO BE USED IN FURNISHING OR SUPPLYING THE INHABITANTS OF SAID CITY OR ANY PERSON, FIRM OR CORPORATION WITHIN SAID CITY AND TO OTHERS BEYOND THE LIMITS OF SAID CITY , WITH TELEVISION SIGNALS , AUTHORIZING TRANSFER OF SAID FRANCHISE TO TRANS -VIDEO CORPORATION OF ARKANSAS; AND APPROVING AN INCREASE IN THE PRESENT RATES . WHEREAS , Ordinance No . 1028 , provides that the Fayetteville Broadcasting Company , its successors , lessees and assigns , may regulate the rates for their services , subject to the approval of the City Council of Fayetteville , Arkansas , and WHEREAS , an application for an increase in said rates has been made by the Television Communication Corporation, an Assignee of the original franchise holder , to the City Council of Fayetteville , Arkansas : NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , WASHINGTON COUNTY , ARKANSAS : SECTION 1 . After consideration of the application by Television Communication Corporation for a rate increase and taking into account the following items : (a) the increase in cost for goods and services throughout the nation , ( b) the promise of Television Communication Corporation to rebuild its entire system , increase from three to six the channels available , install an FM channel , ( c ) and reduce connection charges to Twelve Dollars and Fifty Cents ($ 12 . 50 ) , the City Council of Fayetteville , Arkansas , does hereby approve an increase of the present rates as follows : ( 1 ) From Three Dollars and Fifty Cents ( $3 . 50 ) to Four Dollars ($4. 00 ) for the first installation in a private residence . ( 2 ) One Dollar ( $ 1 . 00 ) for the second installation . ( 3 ) Fifty Cents ( . 50 ) for each additional installation . SECTION 2 . The rate increases as hereinabove mentioned are contingent upon the following conditions : ( 1 ) That this increased rate become effective when the promised improvements are available to an individual installation . MiCROFILMED f DATE OCT 9 1978 REEL Ordinance No . 1404 - 2 _- July 20 , 1964 (2 ) That the additional funds collected be held in escrow until cable improve - ments are completed to the entire area served by Television Communications System . ( 3 ) That the escrow funds be deposited in an agency acceptable to the City , and if necessary the City Controller be givenauthority to make a determination as to the fact that all eligible funds are deposited in escrow . (4) That , upon a written statement from the Company stating that all improvements promised have been completed, the Council by resolution will release to the company the funds held in escrow. ( 5 ) That , if the Company defaults on its promise , the: Company will , at the order of the Council , return the escrow funds to the individuals paying them at Company expense , plus annual interest of 67c, SECTION 3 . That this action being necessary for the preservation of public health , peace and prosperity , safety , order , comfort and convenience of the City of Fayetteville , Washington County, Arkansas , and the inhabitants thereof, an emergency is hereby declared to exist , and this ordinance shall take effect and be in force from and after its passage . PASSED AND APPROVED this 20th day of July, 1964 . APPROVED : GUY E . BROWN , MAYOR ATTEST : GEORGEO, ffAVIS, CITY CLERK M STATE of ARKANSAS 1 Jr ss. County of C Wash' gton� _------------------------- hereby certify that I am the ('General Manager) of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City & 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 publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months ; and that the said newspaper publishers an average. of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of ----------------------------------- --------------------------- was published in the regular daily issue of said newspaper for______/_____ tens2c¢tive insertiony as follows : The first insertion on the --------- /________ _ day of 1`� the second insertion on the ---------------------- -----_- day of the third insertion on the _--------------------_--------- day of ------—---------. 19__.– and the fourth insertion on the _ ------------------- d of -------__ Sworn to and subscribed before me on this -----Z-�_____ day of .-------------- ------------ - --------- otary Public My Commission Expires: (, Fees for Printing _____ $_1 _ __ Cost of Proof _________ $______________ i0 Total -- -- - $- ��----- - 1� OJ1 I, O SECTION 3. Afte consideration AN ' ORD • : of the application by Televiston COUNCHi� F -P33V& ti " _ Communication Corporation for a , L"ITRY e .WASH- rate increase and taking byte ac- 'ING.TON;IS'P O KANSAS, count the following items: (a) the AMENDIN ZORD AINGE�,NOS, Increase In coat for goods and serv- 302g" AfID_1146!(GR�P:NTING TO ices throughout the nation, (b) the THE EAiYE1TEVI= 'BROAD- promise' of ,Television Communica- CAS]'FdjG "COMP,iANY, A COR- tion Corporation„to rebuild its en- P40 1. ON ITS SUCCESSORS, tire system, increase from three to LESSEFS's"ANDr+AfSSIGNS, THE six the channels available, install RIG HT `*ND ” `PAIVII.EGE AND an FM charnel, (c) and" reduce con- FRANCHISE: TO USE AND OC- nectlon charges to Twelve Dollars CUPY FOR TELEVISION SERVICE, and Fifty Cents 412:50). the City THE STREETS, AVENUES, ROADS Council of Fayetteville, Arkansas, AND HIGHWAYS, AND OTHER does hereby approve an. increase of PUBLIC PLACES OF THE CITY, the present Yates as follows: FOR THE PURPOSE OF . ERECT- (1) From Three: Dollars and Fif- ING, CONSTRUCTING, OWNING, ty Cents (83.50) to Four Dollars LEASING, OR,, OTHERWISE AC- ($4.00) for the first installarAon in a QUIRING, MAINTAINING OR privateresidence. OPERATING -TELEVISION LINES (2) One Dollar. ($I.00) for the sec- TO BE USED IN FURNISHING and Installation. OR SUPPLYING THE INHABI- (3) Fifty Cents (.50) for each ad. TANTS OF SAID CITY OR ANY ditional installation. PERSON, FIRM.. OR CORPORA- SECTION 2. The rate increases as TION-,WITHIN THE SAID CITY inabove mentioned are con- AND,,TO. OTHERS BEYOND THE rnsent upon thefollowing condi- LIMITS OF SAID CITY, WITH tions: TELEVISION..SIGNALS. AUTHOR- (1) That this increased rate be- IZING; '-TRANSFEBL OF SAID come effective when the promised FRANCHISE TO ,TRANS-VIDEO improvements are available to an CORPORATION- OF: ARKANSAS: individual installation. AND APPROVING AN INCREASE (2) That the additional funds col. IN THEPRESENT RATES. leeted be held In escrow until cable WHEREAS, Ordinance' No. 1028, improvements are completed to the pprroovides. that the Fayetteville entire area served by .Television Broad<sstlrig Company, its succes- Communications System. noxi, lenses and sea", may regu- (3) That the escrow funds be de- late the rates for their services, posited In an agency acceptable to sub)ect to the'approval of the City) the City, andifnecessary the City Council of Fayetteville, Arkansas, Controller be given authority to and make a determination as to the WHEREAS, an application for an fact that all eligible funds are de- Increase in said nates has been posited In escrow. trade by the Television Communl- (4) That, upon -a written state- cation Corporation, an Assignee of meat from the Company statin gg at toriginal franchise holder, to that all improvements promised the City Council of Fayetteville, have beer[ ; completed, the Council Arkansas: by resolution will release to the NOW, THEREFORE, BE IT OR- company the funds held in escrow. DAINED BY THE CITY COUNCIL (5) That, if the Company de- OF THE CITY OF FAYETTEVILLE, faults on..itspromise, the Com- WASHINGTON COUNTY. ARKAN- pony will. tl the order of the Coun- SAS: ell. returnithe escrow fundsto the individual,,paying them at Com- pamy expense; plus annual interest of 6%. SECTION 3. That this action be- ing necexsaiy for the preservation o£ ,ubllc health, peace and pros- perity. safety, order, comfort and convenience of the City of Fayette- ville, Washington County, Arkan- aae, and the Inhabitants thereof, an emergency is hereby declared to exist, and this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this 20th day of July, 1984. APPROVED: GUY E. BROWN, Mayor ATTEST: GEORGE J. DAVIS, City Clerk 27-ltro J STATE of ARKANSAS 1 - ',:Y.i } as. County of Washington J I, .-----1..1 ..v 1:.._.... __________.., hereby certify that I am the ( (�enerl Manager of THE NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at -a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City & 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 publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months ; and that the said newspaper publishers an average of more than forty percent news matter. I further certify that the legal -notice hereto attached in the matter of was published in the regular daily issue of said newspaper for....... eoneeeutiinsertiory as follows : The first insertion on the --_ G.._7_�_—__ day of _..t .__ 194y the second insertion on the —_____ day of ._ 19_._. the third insertion on the ----------------------- day of _--.__ 19 and the fourth insertion on the __---------------- day of __-_-_- Sworn to and subscribed before me on this ____ O-_____ day of ------ ary Public My Commission Expires : /Fees for Printing �.1 Cost of Proof Total —_ $��•/O 0 DIf1' o •(io4- SECTION 1. After consideration ' ORD C F THE:. CITY of the application by Television , C UNC CMS; IJOF FAY- .Communication Corporation for a ETT$ C20IJNTt1'yOF WASH- rate increase and taking into flc- tINGTON-ASTATEItOtf , KANSAS, count the following items: (a) the �AMENDINGIWORDINANCEti NOS. increase in cost for goods and serv- 1028DAN6,�1146WKGRWNTING TO ice% . throughout the nation, (b) the THE FAVETTEVIBLE' BROAD- promise o1 ,Television Co crowd a- CAST'ING 'COMPANY! • 'A COR- tion Corporatioo. to rebuild its en- PORATIONITS SUCCESSORS, Lire system, .increase from three to LESSEES "!'AND .ASSIGNS, THE six the channels available, install RIGHT7AND"''PRIVILEGE AND an FM channel. (c) and reduce con- FRANCHISEvTO,:USE AND OC- nection chargesto Twelve Dollars CUPY FOR`TEI;EVISION SERVICE, and Fifty Cents ($32.50), the City THE STREETS, AVENUES, ROADS Council of Fayetteville, Arkansas, AND HIGHWAYS, AND OTHER don hereby approve an Increase of PUBLIC ' PLACES OF ' THE CITY, the present rates as follows: FOR THE PURPOSE, OF ERECT- (1).From Three Dollars and Fif- ING, CONSTRUCTING, OWNING, ty Cents ($3.50) to Four Dollars LEASING, OR OTHERWISE AC- ($4.00) for the first installation in a QUIRING, MAINTAINING OR private residence. OPERATING' TELEVISION LINES (2) One Dollar ($1.00) for the 8ec- TO BE USED IN FURNISHING and Installation. OR SUPPLYING THE INHABI- (3) Fifty Cents (.50) for each ad- TANTS:;n OF SAID CITY OR ANY ditional installation. PERSON, FIRM..: OR CORPORA- . SECTION 2. The rate increases as TION. WITHIN THE SAID CITY hereinabove , mentioned are con- TO, OTHERS BEYOND. THE tangent upon the following condi- LIMiTS OF SAID CITY, WITH Liana: TELEVISION SIGNALS, AUTHOR- (1) That this increased rate be* ZINGj TRANSFER, . OF SAID come effective when the promised FRANCAISE TO ' TRANS-VIDEO improvements are available to an CORPORATION OF-ARKANSAS' individual installation. AND APPROVING AN INCREASE (2) That the additional funds col- IN THE PRESENT. RATES, leeted be held in escrow until cable WHEREAS, Ordinance No. 1028, Improvements are completed to the provides that the Fayetteville entire area served by Television Broadcasting Company, its succes- communications ' System. sora, lessees and assigns, may regu. (3) That the escrow funds be de- late the rates for their services, posited in an agency .acceptable to subject to the approval of the City the City. and if necessary the City Council of Fayetteville, Arkansas, Controller be given -authority to and - make a determination as to the WHEREAS, an application for an fact that all eligible funds are de- Increase in said nates has been (posited in escrow. made by the Television Communi- (4) That, upon a written state- cation Corporation, an Assignee of menu from the Company stating the original franchise holder, to that . all improvements promised the Clty Council of Fayetteville, have been .completed, the Council Arkansas: 'by resolution will release to the NOW, THEREFORE, BE IT OR. 'company the funds held in escrow. DAINED BY THE CITY COUNCIL (5) That, if the Company de- -OF THE CITY OF FAYETTEVILLE, faults on its promise. the Com- WASHINGTON COUNTY, ARKAN- will, at the order of the Coun- SAS: g rretu the escrow funds W the individuals paying them at Com- pany expense, plus annual interest of 6%. SECTION 3. That this action be- ing naceasary for the preservation of ,public health, Peace and pros- perity, safety, order, comfort and - convenlence of the City of Fayette- ville, Washington County, Arkan- am, and the inhabitants thereof, an emergency is hereby declared to effect and and thbe fn is force from aace shall nd after arta Pamage. PASSED AND APPROVED tbis 20th day'ot July, 1864„ APPROVED: GUY E. BROWN, Mayor ATTEST: GEORGE J. DAVIS, 27-St-c City Clerk STATEMENT FOR ADVERTISING art4wes # Arkansas 0tinrs Daily (Evening) Except Sunday Wire,Y ire of —PUBLISHED BY— Circulation Associated Press I DEMOCRAT PUBLISHING COMPANY Where It Pays CORNER EAST AND MEADOW Fayettevtl e, Ark., �'X' zz 196 ' 47/ Advertiser 0� CG�G+"1-C f_ / r �y�� y Rate Month oft^'_ G Date— 1 2 1 3 1 4 1 5 1 6 7 8 9 10 11 12 13 U 15 16 17 Number Inches Number Lines I Amount To Balance Account Rendered $ 18 19 20 21 22 23 24 25 26 27 28 29 30 31� ^ ,� r To S 1 1O Ix Es KS . TOTAL t LINES _TOTAL ALL ACCOUNTS DUE NOT LATER THAN LOTH OF MONTH. YOUR CREDIT IS VALU. ABLE. PROTECT IT AND ACCOMMODATE US BY REMITTING PROMPTLY.