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Home My WebLink AboutOrdinance 2348 � � R FL' ED � EcORl ORDINANCE NO . adYB >> J1129 pp 2-' 27 WASHINGTON COUplTY AN ORDINANCE AMENDING ORDINANCE NUMBER 1808 , AS AMENDED 1 DF CE NUMBER 2157 AND ORDINANCE NUMBER 2307 , TO AMEND THE CONDI eAtT PANY- ING THE CABLE TELEVISION FRANCHISE GRANTED TELEVISION COMMUNICATION CORPORATION AND ASSIGNED TO WARNER-TVC CORPORATION AND FOR OTHER PURPOSES . 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 as amended by Section I of Ordinance Number 2307 is hereby amended by adding the following paragraph : In view of the delay by the Federal Communications Commission in its Rule Making , the Company agrees to pay to the City a franchise fee of 4% of gross subscriber revenues until the Federal Communications Commission completes its Rule Making , at which time the provisions of this section shall be reviewed by the Company and City and modified as required and as appears proper . Section 2 . That Section 15 of Ordinance Number 1808 is hereby amended by adding the following paragraph: All documents , statements or reports required to be filed by the Company with the Federal Communications Commission shall be filed with the City Clerk within sixty (60) days after filing with the Federal Communications Commission . Section 3 . That Section 22 of Ordinance Number 1808 , as amended by Ordinance Number 2157 , is hereby amended to read as follows : Any modifications legally adopted by the Federal Communications Commission 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 (1) year of adoption of the modification , or at the time of renewal of the franchise , whichever occurs first . 934 627 W%CROf111MD of OASES pE0.� r Page 2 - Ordinance Section 4 . That Ordinance Number 1808 is hereby amended by adding Section 25 to read as follows : Section 25 . Periodic review . A public hearing may be held at least once every three years during the term of this franchise , or any renewal , for the purpose of determining the Company ' s compliance with requirements of this franchise and with Federal Communications Commission regulations and to discuss possible changes in the state of the art in the cable television industry . Section 5 . Ordinances repealed . That all ordinances or parts thereof in conflict herewith are hereby repealed . Section 6 . Emergency clause . The Board of Directors hereby determines that the City ' s existing franchise with Warner-TVC Corporation does not adequately regulate cable television service to the citizens of the City ; that such regulation is necessary for the public health , safety and welfare; and that the passage of this ordinance is necessary to adequately regulate cable television service within the City . Therefore , an emergency is hereby declared to exist , and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage . PASSED AND APPROVED THIS o? DAY OF 1977 . APPROVED : �. ��- - A fAP[jI� . MAYOR FATTEST : , {{ Ad QERTIFICATE OF RECORg StAte of Arkansa8 City of of Fayetteville SSR 1• CITY CLERK VY � I, Darlene Westbrook, City Clerk and Ex. Officio recorder for the City of Fayett:ville, do hereby certify that the annexed or fore- going is of record in my office and the same appears InOididdA41AC Al2book at pagea 7/ Witness my /c hand and seal this day of rrr28 City Clerk and Ex-Officio Recorder CERTIFICATE OF RECORD STATE OF ARKANSAS ] Washington County SS. I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for Washington County, do hereby certify that the annexed or ora- gein/g yiirir �)rument was filed-fo_r,r�efcgrd�,;n m trice on th day of , -�y1 I7L,7�0'cloc and the same is duly r�(llorded in record at page Witness my hand.and seal thi day of 1cJ7� Circuit Clerk and Ex- Mi ' orded B _ .nuty Clerk AAer,�o °,e a�- IANNOM OR- STATE of ARKANSAS l MANCE ZIBM AS .wan- J} as. Dal BY ORDWAb MrYMMSan> slsr County of Washington .AAP�ORESNAWVRAITMMM , m DO IIAMEM40 am it Contairmusi, AC o' iia AdWion[ sN?-3Iiien. • CABLE M r, I�r1�1 11Y1�. YtInYAI IJda X460WONINMWJAM • t41100AM AND MGIWATIO.0 ID TO , __. . _ `r , hereby certify that I GIa1M1�0 x11306 pATI01t AND am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally FOR BE tIfaa rUtpoeST TI newspaper having a second class mailing privilege, and being not less than 1mC iY O R$ 1X1 . 1Y TB1C BOARD g or Dta1L1t1B{ IMIe I!� etry of tour pages of five columna each, published at a fixed place of business and at FAVa_TT6V¢li,[A11At$AB: a fixed ( daily ) intervals continuously to the City of Fayetteville, County of Section 1. That section is of ordination Washington, Arkansas for more than a gle ishan lRaga , alnendad � setting g period of twelve months, circulated g of Otrrnance Number Yh6T ae -ansae and distributed from an established place of business to subscribers and p,. serlkm t of Ordinance .umber rdec readers generally of all classes in the City & County for a definite Melly a f omh M allnar fire price for following panaraiii each copy, or a fixed price per annum, which In view of . the delay by the 'lhadh al Price W8B fixed 8t what Is commimiaHoga Commlaelne . In its ', considered the value of the publication, based upon the news value and rule Masan{, the Company akh+ . io service value it contains, that at least fifty percent of the subscribers Pay w the Gq' a fan h'ee fee all A aI. cant of grnas eaberrrber thereto have paid cash for their subscriptions to the newspaper or Its agents ramal the FtvMral Carl or through recognized news dealers over a TI)MI,mL`rna 001113 11 a„mess a ]a- side � IS period of at least six months ; aide making, At wtdeh time u, and that the said newspaper publishes an average of more than forty percent slvvialona a that semina than M ,1114'a ted by the Cmowrs am fsu news matter. vnd nhodtflM as reyyhM an as at) ' -hatia proper. I further certify that the legal notice hereto attached in the matter of 3••cltha 1, Tata[ B.nwn 13 ,a Ol dtaanav 4ainlat• :YB N heaehy stormed b% add.ia, das fdlaravaa Daragraith _ All dtreumeets, tateni or .mateme -enuied b be Hied by the C0Aaa q” w11h .IW . FMaxl a dvrvnhoalnn 4bmntlevai, afar. be sled wan mr t`Ny Frit RWeg^rirty No lova truer was published in the regular dally Issue of said newspaper for..--.......1.�.- '91na .fila, Pte Fedi v tb4 ! rumaaasa' oa.emuaon, x4seeeutive insertio..,p 8s follows : 'tat thon 1, tmtrleetmn 12 of ca*a �smbr Iraq -u.a.soara•a by orchrout / v„nher sl.::. Y herei ams b' The first insertion on the 1p�_-- day of _ 72 ' a1 founwar- ------ ..— d An, m itanma legally amDteA twi We Federate conunu traann: Com- the second insertion on the _----------_...__ day of tniaeba M Ibe Provisional of SSaeop�t��on -__ 19..----.._ 76.31 of the Rules ot the FCC ralatinB to hatching standards shell be in-1 the third Insertion on the eorpoatad Wo the Iryncbiea pillion _. day of tele (1) year of ampwn of the mlttiAaat4n. a x the Lima M I ,ne,.,,l a ata tranal„s., wdmeeer and the fourth Insertion on the ----___ . _ day of -. __ 19--.--.-_--- , rcury ,and OD /� "Nam C ifga owilla ndga AWm�� er�/(1_t1(e/l�^Y Q a/ wren, .mended at adding Saefina ev -. n's. Peiiali review. A Aubbe �-- of i is c vii,, he held at least onoe Pial nµ .. • ea ml - the ,arm Sworn Co and subscribed before me on this . ... .__� ---..... day of -. .-_----...__ �q oIlle for Dwp t Ilmi the alp .1111 ,� , � t h ae. and .-. _..._ ...........%� 7/ --------.-- tofranchise. a m' ' Com II a the 'Ie 'Ial! 'at of the o I ,iaioh fMuik1'fG2 _ //'a'L4� rnealed. . That No Public MY Commission Expires: not In at t as � er"r sod .. sauce, 4 :aa,; Fees for Printing ....- . _......... . _.. 00 IN- ,a I Cost of Proof .-__- $-----------_ u du b. "-..... ad I. I full force a.: a ,.• ,: . pass . Total p Ting it - si ^'ROVED� MAYOR