HomeMy WebLinkAboutOrdinance 2307 ORDINANCE NO .
Cj• Z
AN ORDINANCE AMENDING ORDINANCE NUMBER 1808 AS AMENDEDlyr, uk§DPI'ACES4
C 2157 TO AMEND THE CABLE TELEVISION FRANCHISE GRANTED T i�2, itiSTgN OM-
C MUNICATION CORPORATION AND ASSIGNED TO WARNER-TVC CORPORATibC;,<,T'O
AUTHORIZE CERTAIN TELEVISION RATE INCREASES AND FOR OTHER PURkSES .
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 , That Section 13 of Ordinance Number 1808 as
amended by Section 3 of Ordinance Number 2157 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 38 of the Company ' s
gross subscriber revenues per year derived from regular
cable television operations in the City , provided a sum
equivalent to 38 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 .
If and for so long as the Federal Communications Commission
permits franchise fees of 48 of gross subscriber revenues
derived from regular cable television operations in the
City , Company shall pay to the City 48 rather than 38 of
such gross subscriber revenues , provided a sum equivalent to
4 % 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 trans -
mission of broadcast signals and access and origination
channels if any . It does not include revenues derived from
per program or per channel charges , leased channel revenues ,
advertising revenues or any other income derived from the
system . Any franchise fee in excess of 28 of gross subscriber
revenues may be passed on directly to the subscribers at the
sole option of the Company and without further approval from
the City .
Section 2 . That Section 8 , Ordinance 1808 as amended by Ordinance
No . 2157 is hereby amended to read as follows :
SCHEDULE " A "
The Company may charge no more than the following rates for
its services :
T_ 925 638
MICROFILMEDT 1 . 1978
DATE -
REEL
Page 2 - ' Ordinance
Residential Rates :
(Monthly rate for single family dwelling houses ,
duplexes , apartment , mobile homes and similar
dwellings . This rate is also applicable to com-
mercial establishments where service is for sole
use of proprietor or his employees or agents . )
One service outlet $ 6 . 50
Second service outlet 1 . 50
Each additional outlet or service jack 1 . 00
Commercial Rates :
( For business engaged in sale or repair of
television receivers - monthly rate . )
One Service outlet 8 . 00
(No additional charge for additional
outlets or service jacks in reasonable quantity
for display of sets or repair purposes . Addi -
tional outlets as required may be installed by
customer or will be installed by Warner TVC
Corp . on a " time and material " basis .
Monthly rate for Hotels , Motels , Rooming
Houses (where on-premises meal preparation
not permitted as distinguished from apart-
ment houses ) , Fraternities , Sororities ,
Dormitories and similar uses .
One service outlet 8 . 00
Each additional outlet or service jack 1 . 20
Special Service Rates :
Connection Fee 12 . 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 dis -
connected voluntarily by customer )
Re-Connection Fee ( NON PAY ) 10 . 00
(Where service has been terminated by
Company for non payment of monthly service fee )
S25 Fw39
Page 3 - ' Ordinance
All money due 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 .
Section 3 . The Board of Directors hereby determines that
the rate increases authorized herein are required in order to
enable the Company to meet all necessary costs of service and
obtain a fair rate of return on the value of the system as a
going concern ; that payment of costs by the Company is necessary
for public television service and the public welfare ; and that
this ordinance is necessary to meet cost of service . 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 4S DAY OF , 1977 .
APPROVED :
MAYOR
P�TE-5 ijr
0 ' State of
•` T
City of i ayeiiovaic SS
•u••
] r rt4 •� � . CLT .4 CLERK
_•,, ..I•.` . " a� I, Darlene Westbroo'.t, Citv Clerk and rix-
Officio recorder for 4110 City of Fayetteville,
do hereby certify Chat the annexed or fore-
going is of ,r//e���co��rd in my offic and the same
aPPears in(SF]Q1�lAO i � .AnY I
- -- at PavAo--nezvwitness my
T X25 PAO hand and seal this
— ` — day of
City Clerk and Ex-Officio Recorder
/ CERTIFICATc OF RECOR"�
OF ARY,ANSAS ss. Oryicio Recorder for
„7atE on County or tore-
.1 ItollmeYefcircuit Clerks hat the an nexth �r/,aY
I, Alma L. hereby certid 1 MY ffice on a
Countiy, do and thes2mpe :n/
Washington was filed�fp/� reco ��yy++d"
going in ment 19(J-a o c o:. atpave
cord
Ot Al,
duly recprd hand and seal this
Witness mY prded
if$Tiit'clerk
.Officio Re
By DePuy Clerk
STATE of ARKANSAS
ss.
County of Washington
hereby certify that t
am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally
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
O"VIANCE NO. fair a fixed (daily ) intervals continuously In the City of Fayetteville, County of
AN ORDMANCE AMENDING OR. Washington, Arkansas for more than a period of twelve months, circulated
DINANCE NUMBER tme AS AMEN.
DED BY ORDFRANCIR 2157 To AME" and distributed from an established place of business to subscribers and
THE CABLNTE 'I1♦LE UBvis P7tANC IRE
om. readers generally of all classes in the City & County for a definite price for
GRANTED TEI.�ON rR COME
MUNICATION CORPORATION AND each copy, or a fixed price per annum, which price was fixed at what is
ASSImTOATVC ARso AUZE Rrconsidered the value of the publication, based upon the news value and
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
P !t or through recognized news dealers over a period of at least six months ;
That tM of no and that the said newspaper publishes an average of more than forty percent
�at anoom IllBe`thin news matter.
� .te�('f97Y dk: nu hereby
-:My M Ne (4y I further certify that the legal notice hereto attached 1n the matter of
of assuming a
tlQvlEal System
e am epWvalenr
'Comst 'a as
from' Oar Year leetli n _ ......� —le in
cent or the was published in the regular daily issue of said newspaper tor.....
711 that then be
he --
itin Cuvmiisslon Insertion as follows :
as, min an ns kfor so '.t
I . G co u I The tire[ insertion on the \ _ _____. day of .. Q. .....___ 19.Za
s hass
[nen M CO 'g o shunt the second insertion on the -- day of
se sn
0
Pap R
uta
hent rather the third insertion on the ____.__ . day of -. __— 19 __. .
aenher t - Cnt of a hum
eAnivnlent to r Gen{ of the Com
ralto the emaa revenuer then he Pew ' and the fourth insertion on the ...... .^.. _ _. _ day of ....__.__...—___-____ 19........
to the Ci it in the event lM1t Phumalt
ater
Communications Cnmmi.acion formally
channe"Me. s its ruler an as k Parma
raven. The term '•gross wideanythoseLi Hi
revenre V meant ve WdPde pill.
those revenues derived rima tM
sapplymusthel of ,regular suhacrwer ees,
hoe, tMt n the IneMwtbn war, Sworn to and subscribed before me on this _._/._....____ day of ...
Arse for and racableel fens, mM
airya or real cable f brNe In.
f the tea nim lesion of nrentlrnat
ri tlina t
Ir i `^ n r.nn
a ...
�i .c,,, t y
- Tic
1r ire u, hire fee In excess of 2 per No y Public
sot at Scull agbeed w s
be
co. 'sa' M 1Hy Commission Expires:
Rom the Clfv-
'a:u a. . na nab by L�
I= nrrayY +mended toy
67
rens
at __ ___ __�_________._1Residentialn"ta" Fees for Printing
tlna ,
still-e ,r ' "'''
l n ru
This rate is a ,: Cost of Proof _
las es - _.-----... ;.. . .. —
--- -- -----
m Al establish �Me er cnm-
for sok use of Proprietor Service is
Ployeo.
es or oc.•nla.r his ma- Total __...._.... ;----------------__
M ]0
Im
r
M"
of cpn'ire outlet aP
I N, ndq't anal charge tar Addi lnmJ
nidlel , 1 % lcc larksIII [
PRIO! 'lhle
rvI lil% I, I displac of Act, ormpIr
ru'p"ta. Id9'!'c' A nNlClr A V'qulT,d
e[ he l,tailed t� Plnrner [ III
he inanl r: b, R-aruer TCC Cnrp nn
I [I I lhal
rh.-nil rale for Rot, \Imel-
R ... long Iloc[es where
11 11 ra1) nittrtl ll
nl
��d frn Apartm.nl hmt[esl[.
Frnrern lr nr. Snmritie=_ TMrmmries nrd
�On :a n .roe pit.,'t
FA( hPIMI
additional lltlat
lack
CIntivoton Fee 12 on
r. r m
ntner �apartmrnt orelm-n hnn.e In
hot m.
Re Connecllnn .Fee In on
r Where s,iA Sr. h Arily
di[ nnna led vehin1M11" on 9=amort
, lil, herr Ier'nln Ol'.
Ir, r„tnnnrl, for ro n ”, of"l- of un ,nh..
write tot
All Re ney due Dom pre,-Ial use Abu'i
be Paid* d in Nil in ri In addition
In recnnheodon fee (NON IN
fTM.I.M enrl Steam sor, a In Inran 1hurt
trin so
other than'-1or.Atlen of T.0 11elver)
Ini \Irre Fee If1.IlA
(To r. ", 1, PnYcs nutlal within same
bulldink)
Spi I In tuber than Ne Seat
will be A&I ut.d by the Company and
the rmloral "W rhergea In he based
on a "time;e-d n oterial" best-
eerhinn T It ^f 11r.rl.+te
hereby detRr"_ine[ that the rale In-
oses Authprird herYn Aro req nrpd
in nMer to en'1h1e Ins COmi to
Ilk It all necessary nos of 40" eAnd
,,[,I in a fair rete of Iolurn on the [ Able
o. a eyelem AS A - ^na conte ' that
ear of coeh h, the Cmli T,'
is
m- n tele service
, ",reand: and that this
nrdinanoe Is nereammi W meet '
of .wr.,ce. Tchei 'me. An emergency h
herney declared, and VIA nrChtt heine
nuares into for the public sellouts shall
ce in full force and effect from and
After its pasmes.
PASSED AND APPROVED THIS 13th
DAY OF February. 1977 APPROVED'
Ernest E. Lancaster
Mayor
ATTEST
Darlene Westhrook
CITY CvERK
1 To I
