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
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