HomeMy WebLinkAboutOrdinance 2157 FDR RECORD
75 OCT 30 nN 10: 23
V'ASHIIJGTOP! COUNTY
ARKA11SAS
ALMA KOLLMEYER
ORDINANCE NO . oZIS7 CIRCIIIT CLERK
AN ORDINANCE AMENDING ORDINANCE NU14BER 1808 TO AMEND THE CABLE TELEVISION
FRANCHISE GRANTED TELEVISION COMMUNICATION CORPORATION AND ASSIGNED TO
WARNER-TVC CORP . ; TO COMPLY WITH FCC REGULATIONS ; TO AUTHORIZE CERTAIN
RATE INCREASES ; AND FOR OTHER PURPOSES ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE ,
ARKANSAS :
Section 1 . That Section 6 of Ordinance Number 1808 is hereby
amended by adding sub- section ( 2 ) as follows :
( 2 ) As expeditiously as possible upon receipt of subscriber
complaints regarding the quality of service , equipment malfunc -
tions and similar matters , the Company shall investigate such
complaints and resolve them to the extent reasonably possible ,
and agents of Company shall be available in the City for such
purposes . The City Clerk ' s office will be primarily responsible
for the City ' s administration of the franchise and implementa-
tion of the complaint procedure . Notice of the complaint pro-
cedure . shall be given by the Company to each new subscriber at
the time of- initial regular subscription to the cable system .
Section 2 . That Section 11 of Ordinance Number 1808 is hereby
amended by adding the following :
Board approval may be withheld only if the transferee is not
qualified to continue to carry out the terms of the franchise
as amended or has not provided satisfactory service that was
under its control to its past or present . customers , and such
approval shall not be unreasonably withheld . Approval shall
be deemed granted unless specifically rejected by the City
within forty - five ( 45 ) days after request therefor is ' made .
Section 3 . That Section 13 of Ordinance Number 1808 is hereby
amended to read as follows :
The Company shall pay to the City for the privilege of operating
a community antenna television system under this franchise a
sum equivalent to three ( 3 ) per cent of the Company ' s gross sub -
scriber revenues per year derived from regular cable television
operations in the City , provided a sum equivalent to three ( 3 )
per cent of the Company ' s gross revenues shall be paid to the
City in the event the Federal Communications Commission formally
changes its rules so as to permit same . The term " gross subscriber
revenues " is meant to include only those revenues derived from the
supplying of regular subscriber service , that is , the installation
fees , disconnect and reconnect fees , and fees for regular cable
benefits including the transmission of broadcast signals and access
and origination channels if any . It does not include revenues de-
rived from per- program or per- channel charges , leased channel
revenues , advertising revenues , or any other income derived from
the system .
Section 4 . That Section 14 of Ordinance Number 1808 is hereby
amended to read as follows :
Rates charged by the Company for service hereunder shall be
fair and reasonable and designated to meet all necessary costs
of the service , including a fair rate of return on the value
of the system as a going concern . : The Company agrees that it
MICROFILMED
DATE OCT 1 a 1978 A aq
l
REEL_ r' rn 1
..Page Two
ORDINANCE
shall be subject to all authority now or hereafter possessed
by the City , or any other regulatory body having competent
jurisdiction , to fix just , reasonable and compensatory television
signal distribution rates . The rates for regular subscriber
services are attached hereto as Schedule "A " . No increases
may be made in rates for regular subscriber services except
as authorized by the City after an appropriate public proceeding
affording due process , and such increases shall not be unreason-
ably withheld by the City . Any application for a rate increase
shall be placed on the agenda by the City within thirty ( 30 )
days after submission thereof , and acted upon within a reasonable
period of time . Any application for a rate increase must be
accompanied by verifiable accounting and statistical information ,
to the extent that such information is available , that accurately
shows gross revenues , operating expenses , overhead , depreciation ,
asset investments , allocations to and from related operations ,
and pro forma financial statements which reflect the requested
late increase . The Company shall cooperate with the City in ob-
taining and verifying the necessary information for evaluation of
the requested rate increase . This information shall include all
detailed fixed asset records that are available , applicable to the
Fayetteville system, that can be viewed at the Company ' s offices
in Fayetteville . Rates for regular subscriber services shall be
maintained consistent at all times with Company ' s increased opera-
ting costs , including increased costs due to inflation and capital
costs incurred since Company ' s last preceding rate adjustment .
Section 5 . That Section 16 of Ordinance Number 1808 is hereby
deleted and the following substituted in lieu thereof :
Franchise . The franchise , as amended , and the rights therein
granted shall continue in force and effect until fifteen ( 15 )
years from the date the FCC grants a final certificate of compli -
ance covering this amendment . This additional term is granted
pursuant to approval of Company ' s legal , character , financial ,
technical , and other qualifications by the City as part of
a full public proceeding affording due process . The Company
shall have the right to renew this franchise for additional
ten ( 10 ) year terms upon such terms as may be agreed upon by
the City and the Company , if the material terms hereof have
been followed . Negotiations and proceedings for renewal of
this franchise shall meet all requirements of due process
applicable to franchise renewal proceedings and shall meet all
applicable rules and procedures of the FCC , including a full due
process public proceeding .
Section 6 . That Section 18 of Ordinance Number 1808 is hereby
amended to read as follows :
The franchise , as amended , may be revoked by the City only after
a hearing meeting all requirements of due process , and the
franchise may be revoked only in the event that :
( a ) The Company violates any material provision of the
franchise , as amended .
( b ) The Company becomes insolvent , unable or unwilling
to pay its debts , or is adjudged a bankrupt .
Prior to any hearing , the Company shall be given sixty ( 60 )
days notice in writing , by certified mail , which notice shall
state with particularity the grounds upon which the City
relies . Said hearing shall take place if , at the end of the
sixty ( 60 ) day period , the Company has not cured the matter
which provides grounds for revocation and has not taken reason-
able steps within said time period toward - the curing of said
matter . Any such hearing shall be a full public proceeding
affording due process and any revocation action will be sub -
ject to full and final court review before it becomes final
and operative .
Section 7 . That Ordinance Number 1808 is hereby amended by
adding Section 22 to read as follows : 895 �O2
Page Three
ORDINANCE
Section 22 . Any modifications of the provisions of Section
76 . 31 of the Rules of the FCC relating to franchise 'standards
shall be incorporated into the franchise within one year of
adoption of the modification , or at the time of renewal of
the franchise , whichever occurs first .
Section 8 . The Board of Directors hereby determines that its
existing franchise with Warner TVC Corp . does not conform with FCC
Regulations ; that the cable television system maintained and oper-
ated by Warner TVC Corp . within the City is in need of extensive
repairs ; that said repairs will not be undertaken by the Company with -
out an immediate increase in the rates charged by the Company for
cable television service ; that said repairs are necessary for the
public television service ; that said repairs are necessary for the
public welfare ; and that this ordinance is necessary for said
repairs to be undertaken . Therefore , an emergency is hereby declared ,
and this ordinance being necessary for the public welfare shall be
in full force and effect from and after its passage ,
PASSED AND APPROVED THIS c>?IQItDAY OF �e��A n c � , 1975 .
APPROVED :
�C Dz
MAYOR
ATTE 4.T :f A " 1 //
. , � �• �� a .f¢�1�--.SCJ
'• • CITY,,CLERK
M �
SCHEDULE "A"
The company may charge no more than the following rates for its services :
Residential Rates :
(Monthly rate for single family dwelling houses , duplexes ,
apartment , mobile homes and similar dwellings . This rate
is also applicable to commercial establishments where service
is for sole use of proprietor or his employees or agents) .
One service outlet $5 . 75
Two service outlets 6 . 75
Each additional outlet or service jack . 50
Commercial Rates :
( For business engaged in sale or repair of television
receivers - monthly rate)
One service outlet $6 . 50
(No additional monthly charge for additional outlets
or service jacks in reasonable quantity for display of
sets or repair purposes . Additional outlets as required
may be installed by customer or will be installed by
Trans-Video on a "time and material" basis )
Monthly rate for Hotels , Motels , Rooming Houses
(where on-premises meal preparation not permitted
as distinguished from apartment houses ) , Fraternities,
Sororities , Dormitories and similar uses .
One service outlet $6 . 50
Each additional outlet or service jack 1 . 00
Special Service Rates:
Connection Fee $ 10 . 00
Relocation Fee 10 . 00
(To move from one apartment to another apartment or
from house to house or similar relocation)
Re -Connection Fee 10 . 00
(Where service has been temporarily disconnected
voluntarily by customer)
Re - Connection Fee (NON PAY ) 10 . 00
(Where service has been terminated by company for
non payment of monthly service fee)
All money due company from previous use, must be
paid in full in advance in addition to Re-Connection Fee
(NON PAY )
F . M . Connection Fee 10 . 00
(For F . M , or Stereo service in location other than location
of T . V . receiver)
Inside Move Fee 10 . 00
(To relocate service outlet within same building)
Special service other than the above will be negotiated by the company and
the customer with charges to be based on a "time and material" basis .
2 895 184
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I . DARLENE WESTBROOK, City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing is a true . and correct copy of the Fayetteville ,
Arkansas , , a/S ,' therein set forth ,
and the same is as it appears of Record in
Volume -�
at Page thereof .
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my. official
seal this 411M day of
1g76r
CITY CLERK4p A -
t
v� •
J
CERTIFICATE OF RECORD
STATE OF ARKANSAS I
Washington County I SS.
I. Alma L. Kollmeyer, Circuit Clerk and Ex•Officio Recordar for
Washington County, do hereby certify that the annexed or fore.
going l stru ent was filed for recorAgmyofticeon the3�lay
of 191:1 %t'
c ck�M, and the same is
duly recorded in record J' at page
Witness my hand and seal this day of
IYOITMFyEG x�
-�Gircuit Clerk and \�
,,.
lEx-Officio Re rded ♦ '• i,
Deputy Clerk b . . i. t. . .
CERTIFICATE OF RECORD
•'
State of Arkansas SS
City of Fayetteville
1. Suzanne C. Kennedy, City Clerk and
E-..:-Of ficio recorder for the City of Fayetteville,
do hereby certify that the aane,:e:l or fore-
g::•in:y is of record in my office and tiie same ap-
nears in Ordinance ft Resolution book
f �t
U at page!—.d---. Witness my
hand and seal this day of
19 .
City Clerk and Ex-Officio Recorder
ORDMANCE NO. 2157
AN ORDINANCB ING OR-
Dulo NUMBER 1 AMEND•
THE TgtgvlIQ�IIONI,� � cntsE STATE of ARKANSAS lI
GRAN ,TE E'1461bN WNMIItIIDA- } 88.
TION O TiAM' County of Washington JJ
TO W
r ,
I, _� ^"�C ` / ' �. `C'�/,J'- � hereby certify that I
am the Publisher of THE NflAR'HWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than
four pages of live 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 publishes 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...... _.....
ata�a�IMs insertions as follows :
The Itret insertion on the _ _,�O __ day of _ r.------ Ig._7S.
the second insertion on the day of .... is --
the
s_the third Insertion on the _ __ _ _ day of .. _. __ 18._.
s
°Ot and the fourth insertion on the day of ___ . _ 19_._
Otant➢o-
'» a
Sworn to and
subscribed before me on this _. day of
------------------K--CC" f ------------
��fYty Public
A
My Commission Expires :
pi'eelatory Fees for Printing .......
.'Ito. . tv ..- _
rl
Cost of Proof _._.___. .
rae _ j._.._------_-...---._..
a Total
r, r earviea ._.........__ _......-...._..._...._...
=r rill a sed by the City lifter
a
an o � nuhll(' �m�'redln: aF
Auer Plvicea., and [uaI III
nnl he hnre snneblp so by
I Art 6PIL : 1 ' nir . '.te
shalitbe Platen oli thenda
CRY Mthin thoty JW) days
Ihateof, and acted upon
and xlatl.li[a rm b - riiihoffit
doj$ N" In 1A avail Mlle, that
I 1 WIb i. ,
a. The , -
•pm le tl CtY
t e I nc � �M !���
p,u t [to]
' se. Thal n lPn1!:%*4n
Tod r(, tnaraae. This 'p.arm11 records aide all dtl 1l u.v9 let he lay
I1 I' , luhle. nPPI 91)]1lotI the l-,ryt
i . 1 � -. - I i rn,t M1r , - .:rd It
the Company's offices In Fayetteville.
Rates for regular subscriber services
shall be maintained consistent at all ATTEST:
times with ComPany's increased opera- Darlent Westbrook
ling coats, Including Increased costs due city Clerk
W inflation and capital coat inrnrretl SCHEDULE "A".
once Company's last Preceding rate The company may charge no more
adjustment. than the following rates for its services:
Section S. That Section 16 of Ordinance Residential Rates:
Number 1808 Is hereby deleted and the (Monthly rale for single family
following subslltuted in lieu thereof: dwelling houses, duplexes, apartment,
Franchise. The franchise, as amended, mobile homes and similar dwellings.
and the rights themin granted sha8 This rate is also applicable b commer-
continue in force ad effect until olives clef establishments when service is for
115) yeah from the date the FCC grants sole use Of proprietor or his employes
8 final Certificate of compliance covering or agents). R
this amendment. This additional term
is One service outlet f5g5
granted purmant b approval of Com- Two service outlet 6.].5
peal's legal character, financial, (ache Each additional outlet or service Jack'
Cityieal, and other qualifications proceeding
the gg
affording
as pert of a NII public DCompany Commercial Rales:
stalling tlhe process. The Company (For business engaged. hell have the right to renew this Iran- geed in sets or
those Inc additional ten ( 10) vesr terms repair of television receivers - monthly
eprin .voh�Irrre= ap by . .. [rite)
One rviue outlet mor
n... +u se
fin al outlet monthly charge for
rea iominti outlets or service Jacks in
is
or repair quantity for diapnal of seta
or repair purposes. Additional outlets
to required may be instilled by cus
ole
tomer or will be installed by basis) dm
one "time and material" basisl
Monthly tele for Hotels, Motels,
Roaming Houses (where ted as ices
meal het from
not apartment
ea tis.
Fraurniti from apartment housesd
Fraternities. Sororities, Dormitories and
similar uses.
One service nutlet $650
Each additional outlet or service jack
Special Conn Service Rales:
Relocation
Fee S10.W
Relocation Fee 10. 0
(To move from non spar o
another sperl or from haus tthouse to
M10or similar
ca relocation)
Re
(WhereConnection
vi Fee (nonpaymai
. . _, (Where service has been customer)disconnected RConnvoluntarily by customer)
(Where ction
Fee loft
aced
(Where service has been off terminated
se company fee ) for non payment of monthly
seAll fee)
All money due p advance company from nce
use must be Reid in full in atl
in addition to Re (NON-Connection Fee (N06
PAY)
F.M. Connection Fee 1t,
(For F.M. or Stereo service in location on
other than location of T.V- receiver)
Inside Move Fee
(To relocate service outlet within same
building) IO.W
Special service other than the abate
will be negotiated by the company and
the customer with charges In M based
on a "time end material" bass.
An 30