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HomeMy WebLinkAboutOrdinance 3589 FILED FC ^, RECORD ' 92 FEB 4 PM 12 34 VON CO AR ORDINANCE NO , 3589 A . K : LLMEYER MICROFILMED AN ORDINANCE APPROVING AN AMENDMENT TO THE FRANCHISE AGREEMENT WITH WARNER CABLE COMMUNICATIONS , INC . ALLOWING GRANT MONIES TO BE USED FOR EQUIPMENT , CONSTRUCTION AND RENOVATION AND RESCHEDULING THE CAPITAL EXPENSE PAYMENTS FROM WARNER CABLE TO THE CITY . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 , The Board of Directors hereby approves the amendment to franchise agreement with Warner Cable Communications , Inc . allowing grant monies to be used for equipment , construction and renovation and rescheduling the capital expense payments from Warner Cable to the City attached hereto , marked Exhibit "A" , and j made a part hereof . 11 Section 2 . The Mayor and City Clerk are hereby authorized and directed to execute the aforesaid amendment to franchise p agreement . Section 3 . The Board of Directors hereby determines that the immediate approval of the amendment to the Cable Franchise Agreement is necessary for the City to receive immediately the funds and authorization for expenditures necessary for the proper administration of the cable t . v , needs of the City of Fayetteville and that such a proper administration is essential to the public welfare . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 21st day of January , 1992 . APPROVED : By : `' �� C ! / ) • Mayor k G ` R9 :� k L � l „�� 'i . t� � µ ' } C y l � . AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE , ARKANSAS , AND WARNER CABLE COMMUNICATIONS , INC . WHEREAS , the City of Fayetteville , Arkansas ( " the City" ) and Warner Cable Communications , - Inc . ( "Warner " ) , also known as "the parties " , have entered into a franchise agreement regarding the operation of a cable system in the City , passed and approved March 7 , 1989 by Ordinance No . 3413 ; and WHEREAS , the parties desire to amend certain provisions of that agreement ; and WHEREAS , the proposed amendments will benefit Warner ' s customers and the community by facilitating improvements in PEG programming . NOW THEREFORE , in consideration of the covenants and conditions stated herein , and in consideration of the mutual benefits which will accrue to each of the parties hereof , as well as the general citizenry of Fayetteville , the parties have agreed and do hereby agree as follows : SECTION 1 . Section XVII , Support For Public Access , shall be amended to read as follows : SECTION XVII SUPPORT FOR PUBLIC ACCESS B . Grantee agrees to provide to the City , within sixty ( 60 ) days after the effective date of this Franchise , a one-time payment in the amount of $ 230 , 000 . 00 to be utilized for the construction , purchase and/ or renovation of a City-owned building to be utilized for access programming purposes . This money may also be used for other capital expenses associated with access facilities , including the purchase of video production equipment . In addition , Grantee agrees to provide to the City within ten ( 10 ) days of the passage of this Ordinance by the City Board of Directors and within ten ( 10 ) days of the 1st day of January , 1996 , $ 35 , 000 . 00 payments ( $ 70 , 000 . 00 total ) to be utilized for capital expenses associated with access facilities . Payment of these grants on the above dates will fulfill Warner ' s obligation under this section ( Section XVII ( B ) ) of the ' �fran'chise agreement .' f. fir• .ltccii ' IN WIftE88 WHEREOFj1 th3� d'q ement has been executed this . 9 day 6'01 .Ci ;..•� : n :.1 " r�992 : 2 ., . . . . . .r '•-- 'CITY OF P,YETTEV L� E / ARKANSAS BY" YOR ATTES / CITY CLERK WARNER CABLE COPIUNICATIONS , INC . BY : - James Gray T3gL President ATTEST : TI L ^ ssi tant Secretary r rstab of . SN Clioco .t Sl ; :•a: : � ..4 Ex- uff?ct!; 0b : fzL , r for the Uty of rbv..' � : 7 :, e.. . ;, epeny CtV fr" *bat the A�•" c': , •S !+, t„- . ::;:;� to of rocord to my c : :: ,: • : ,: ::oE :s me appears to a: $cwiat#on book 4WIf at pset 0 Witness uqy head and seal PTS Xzaj day of CIV iewrs and -omc►fl ttocord” : . STATE of ARKANSAS 1 County of WashingtonJ.Lx it • hereby certify that I 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 a fixed (daily) _ Intervals continuously in the City of Fayetteville, County of Washington, Arkansas ORDINANCE NO. 3589 for more than a period of twelve months, circulated and distributed from an AN ORDINANCE APPROV- established place of business to subscribers and readers generally of all classes ING AN AMENDMENT TO in the City and County for a definite price for each copy, or a fixed price per , THE FRANCHISEAGREE- annum, Which price Was fixed at What Is considered the value of the publication. ; MENT WITH WARNER CABLE COMMUNICA- based upon the news value and service value It contains, that at least fifty percent TIONS, INC. ALLOWING of the subscribers thereto have paid cash for their subscriptions to the newspaper ' GRANT MONIES TOM BE or its agents or through recognized news dealers over a period of at least six , USED FOR EQUIPMENT. g g g iCONSTRUCTION AND RE- months; and that the said newspaper publishes an average of more than forty NOVATION AND RESCHE- DULING THE CAPITAL EX- 1R PENSE PAYMENTS FROM '. WARNER CABLE TO THE 'I clrv. I further certify that the legal notice hereto attached In the matter Of BE IT ORDAINED By THE BOARD OF DIREC• ,, TORSFAY OF THE :CITY OF ETTE VI EEE , / ARKANSAS: Section 1 . The Board of was published in the regular daily issue of said newspaper for Directors hereby approves the amendment to french- consecutive insertions as follows: ise agreement with Warner ' Cable Communications, Inc. allowing grant monies to be The first insertion on the day of 19 used for equipment,, con- - slruction and renovation ' the second insertion on the da and rescheduling the capital .. y of 19 expensepayments from Warner Cable to the City at the third insertion On the da of 19 tached hereto. marked E%hi- y Ift •A', and made a p han hereof- I and the fourth insertion on the -- day Section 2. The Mayor 1 and City Clark are hereby authorized and directed to )execute the aforesaid ' amendment to franchise ' : agreement. Swot to and subscribed before me on this day of Section 3. The Board of Directors. hereby deter- q p�(1 mines that the immediate F-- approval of the amendment to the Cable Franchise Agreement is necessary for the City to receive Immedl- N tart' Pu ateN the funds and authori- zation for expenditures necessary for the proper My Commission Expires: administration of the cable TV needs of the City of �1 ' _ D ' Fayetteville and that such a l / proper administration is es- sential tothe public wel- fare . Therefore . an emergency is hereby daP bred to exist and this ordi- nance being necessary for Fees for Printing _ S the public welfare shall be in full force and effect from and after its passage and Cost of Proof —. .S approval.. PASSED AND APPROVED this 21st day of January, , Total $ _7�. cz 1992. . APPROVED: By-. Fred S. Vorsanger M Mayor ATTEST: . Sherry LThomas ' City Clerk FEB 2 5 1992 FINANCE DEPT•