June 16, 1966MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 16TH DAY OF JUNE, 1966.
The City Council of the City of West Memphis, Arkansas, met in a regular session
at its regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the
16th day of June, 1966. The following were present: Aldermen: F. C. Weis, Franklin Bassett,
0. I. Bollinger, R. C. Bowie, Earl Felts, Kirby Leggett, and Paul Matthews.
Absent: Alderman C. H. Rowton and City Attorney W. H. Dillahunty.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on June 2, 1966, were approved as read.
Mayor Eden announced City A~~orney Dillahunty was absent due to being under subpoena
to appear in Probate Court of Bradley County.
Recommendation of the Planning Commission upon request of Mr. Marion Thomas that a
portion of 20th Street closed by City Ordinance No. 48l~ be designated as Lot 1-A, Block 19,
Wheeler Subdivision was presented. After discussion, motion was made by Alderman Weis: That
Plat showing Lot 1-A, Block 19, Wheeler Subdivision, City of West Memphis be approved. Upon
vote, the voting was as follows:
Aye: Aldermen: Weis;'Bassett, Bollinger, Bowie, Felts, Leggett, and Matthews.
No: None.
Rev. Travis Case, Pastor of Tabernackle Baptist Church, appeared before the Council
requesting use of Eugene Woods Civic Center on Sundays £or the next two or three months
until their church can be restored from fire damage. Mayor Eden informed the Council he
had granted use of the Center for services on June 12th, but had advised Rev. Case any
further use would have to be sanctioned by the Council. Rev. Case stated the church will
be responsible for any damage and janitar service. After discussion, motion was made by
Alderman Matthews: That Tabernackle Baptist Church be granted permission to have services
on Sunday in the Eugene Woods Civic Center until work is completed on their church. Upon
vote, the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, and Matthews.
No: None.
Mayor Eden informed the Council due to the hot weather the City is having additional
street problems and is urgently in need of a compressor and air powered paving breaker, also
to replace a garbage truck. Inasmuch as the next Council Meeting will not be until July 7th,
Notice for bids had been published to be received on June 30, 1966, at 5 P.M., and the Mayor
appointed a committee of Aldermen: Bollinger, Leggett, Rowton, and Bassett to receive the
bids. After discussion, motion was made by Alderman Felts: That the Committee appointed by
the Mayor be authorized to receive and award bids for the equipment. The motion was seconded
by Alderman Matthews. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, and Matthews.
No: None.
Piayor Eden announced the third reading of the Franchise Ordinance for the Community
Antenna System would be delayed in as much as all members of the Council were not present.
The Mayor brought to the Council's attention, due to the opposition to the location
and financing of the Branch Library on Broadway, he had requested the Architect delay
preparation of the Plaque for the building until it could be ascertained if any Alderman did
not want his name placed on the Plaque.
No further business being presented, the meeting was adjourned.
The meeting was reconvened by Mayor Eden immediately after adjournment upon request of
Alderman Bassett that action be taken on the third reading of the Franchise Ordinance.
Alderman 0. I. Bollinger had left the Council Chambers, but other members present
expressed their desire to dispose of the matter. Thereupon the ordinance entitled "An
Ordinance Granting A Franchise To Ark-Cable, Inc., Of West Memphis, Arkansas, To Operate And
Maintain A Community Antenna System In The City; Setting Forth Conditions; Providing For
City Regulation Of Its Operation, Rates, Payments, Service, Construction, And Maintenance;
Containing Certain Prohibitions; Prescribing Certain Penalties; Providing An Effective Date"
was read the third time by City Clerk Charles F. DeGraff.
Motion was made by Alderman Leggett: That the ordinance be approved on its third reading.
The motion was seconded by Alderman Matthews. Upon vote, the voting was as follows:
Aye: Aldermen: 'leis, Bassett, Bowie, Felts, Leggett, and Matthews.
No: None.
The Mayor thereupon declared the ordinance adopted and signed the ordinance, which was
attested by the City Clerk and impressed with the seal of the City. The ordinance was given
No. 501.
The ordinance read as follows:
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AN ORDINANCE GRANTING A FRANCHISE TO ARK-CABLE, INC., OF WEST MEMPHIS,
ARKANSAS, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA SYSTEM IN THE
CITY; SETTING FORTH CONDITIONS; PROVIDING FOR CITY REGULATION OF ITS"
OPERATION, RATES, PAYMENTS, SERVICE, CONSTRUCTION, AND MAINTENANCE;
CONTAINING CERTAIN PROHIBITIONS; PRESCRIBING CERTAIN PENALTIES; PRO-
VIDING AN EFFECTIVE DATE. _ '_`
BE IT ORDAINID BY THE CITY COUNCIL OF WEST MEMPHIS ARKANSAS:
Section 1, SHORT TITLE. This ordinance shall be knowri_and
may be cited as the "West Memphis Community Antenna Television Fran-
chise Ordinance".
.Section 2, DEFINITIONS. For the purposes of this Ordinance,
the following terms, phrases, words and derivations shall have the mean-
, ing given herein. The word "shall" is alwa~as mandatory and riot
merely directory.
i (a). "City" is the City of West Memphis, Arkansas.
<b) "Company" is Ark-Cable, Inc., an Arkansas corporatio n
~ maintaining its offices in West Memphis, Arkansas, the grantee of
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rights under this Franchise Ordinance,
<c), "System" shall mean the lines, fixtures, equipment,, attach=
ments, and all appurtenances thereto which are used in the construction,
operation, and maintenance of the community antenna teletasion system
herein authorized,
Section 3. GRANT OF AUTHORITY. There is hereby granted by the
City to the Company, subject to any restrictions and requirements of the
West Memphis Utility Commission, the right sand privilege to construct,
erect, operate, maintain. in, upon, along, across, above, ,over and under
the streets, alleys, public ways, now, laid out or dedicated and all
extensions thereof and additions thereto in the City poles, cableai
' underground conduits, conductors and fixtures necessary for the"main-
tenance and operation in the City of a community antenna system for the ,
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reception and distribution of television signals and energy, The
rights herein granted shall extend to any area annexed to the City
and the Company shall be bound by the same rules and regulations as - ~
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to such area as are otherwise herein or hereafter provided. ~ ~
The right to use and occupy said streets, alleys, public .ways
and places for the purposes therein set forth, shall not be exclusive,
and the City reserves the right to grant the use of streets, alleys,
public ways and places to any person at any time-during the period of
this Franchise Ordinance,
The Company shall have the right to enter into arrangements
for the attachment onto and the use of poles and facilities operated
by the West Memphis Utility Commission operating within the City,
whereby.. the Company shall strictly comply with the terms, provisions
and restrictions of said agreement with the West Memphis Utility , ~
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Commission.
Section 4. COMPLIANCE WITH LAWS. REGULATIONSAND_ORDINANCES. ';
The Company shall, at all times during the life of this Franchise
Ordinance, be subject to all lawful exercise of the police power by
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the City and to such reasonable regulation as'the City shall hereafter °"
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by Resolution or Ordinance provide. The construction,'operation, and' ;:E
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maintenance of the system by the Company shall be in full compliance
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with all Electrical and Safety .codes in effect-and as same may be ~
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amended and revised, and in full. compliance with all other applicable`" ~•~
rules and regulations now in effect or hereinafter adopted by the
Federal Communications Commission, the City, the State of Arkansas,' and
the United States.
Section 5. COMPANY LIABILITY AND INDEMNIFICATION. .
(a) Liability Coverage. It is expressly 'understood and, agreed k
by and between the Company and the City that the Company shall'save ~.
the City harmless from all loss sustained bythe City on account aE any
suit, judgment, execution, .claim or demand whatsoever arising out; of;~
the construction, operation and maintenance of the system by tiie.Company.
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The Company agrees to maintain and keep in full force and effect at
all times during the term, of this Franchise Ordinance sufficient
liability insurance. coverage to protect the City against any such E
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claims, suits, juegments, executions or demands in a sum not less j
than $100,000,00 per person in any one claim, $300,000,00 as to any
one accident or occurrence, and not less than $100,000.00 for property'
damage as to any one accident or occurrence,. or in such larger sums
on all coverage as may be required of the Company by any change in ;law,
(b) Workmen's Compensation Coverage. The Company shall also: ,_~
maintain in full force and effect throughout the duration of this ~
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Franchise Ordinance sufficient workmen's compensation insurance cover-
age to adequately and fully protect its agents and employees as re-
quired by law,
(c) Resident Company and Agent. All insurance policies re-
quired of the Company shall be written by a Company or companies`
authorized and qualified to do business in the State of Arkansas.
Certificates of all coverage required shall be promptly filed by the
Company with the City.
Section 6, SERVICE STANDARDS. The Company shall maintain and
operate its system and render efficient service in accordance with the
rules and regulations as are, or mgy be, set forth by the City of West "-
Memphis or by other regulatory agencies of this type of enterprise.
(a) Whenever it is necessary to shut off or interrupt service
for the"purpose of making repairs, adjustments or installations, the
Company shall do so at such times as will cause the least amount of ,
inconvenience to its customers, and unless such interruption is un-
foreseen and immediately necessary, it shall give reasonable notice
thereof to its customers.
(b) The Company will guarantee that the customer shall re-
ceive nine (9) channels, or as many thereof as will be permitted by
the Federal Communications Commission,
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Section 7. COMPANY RULES. The Company shall have the: r
authority to promulgate such rules, regulations; terms and condi- 1''
tions governing the conduct of its business as sh all be reasonably
necessary to enable the Company to exercise its rights and perform
its obligations under this Franchise, and to assure an. uninterrupted
service to each and all of its customers, Provided, however, that
such rules, regulations, terms and conditions shall not be in con-
flict with the provisions hereof or the laws of the State of Arkansas
and shall be subject to the approval of the City.
Section 8. CONDITIONS ON STREET OCCUPANCY. ~f
(a) Use. All transmission and distribution structures, lines
and equipment erected by the Company within the City shall be so lo-
catedas to cause minimum interference with proper use of streets,.
alleys and other public ways and places, and to cause minimum inter- .
ference with the rights or reasonable convenience of property owners
who ,adjoin any of the said streets, alleys or other public ways and
places,
(b) Relocation. In event that at any .time during the period
of this Franchise, the City shall lawfully elect to alter, change,
relay, and relocate its poles, wires, cables or other fixtures,
Company, upon reasonable notice by the City, shall remove and relocate
its cables and fixtures at its own expense;
(c) Temporary Removal of Wires Fa;a Bailding Moving. The
Company shall, on the request of the City, temporarilyraise or Sower
its wires to permit the moving of buildings pursuant to properly
issued ermits.
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(d) Permits, Easements and Agreements. .,The City shall not be
required to assume any responsibility for the securing of any rights-
of-way or easements, nor shall the City be responsible-for securing t
any permits or agreements with other persons.
Section 9. CONSTRUCTION APPROVAL BY UTILITY COMMISSION-
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CORRECTION OF DEFECTS. Except for individual service drops, the _~
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Company shall not run any line, make any attachment, nor shall any
construction of any kind be commenced without the prior approval of
the West Memphis Utility Commission. The City and the Utility Com-
mission shall have and maintain the right to inspect the construction,
operationand maintenance of the system by the Company to insure the
proper performance of the terms of this Franchise Ordinance. In the
event the Company should violate any of the terms of this Franchise
Ordinance or any of the rules and regulations as may be from time to
time lawfully adopted, the City shall immediately give to the Company
thirty (30) days written notice to correct same, and in the event the
Company does not make such correction within thirty (30) days from
the receipt of such written notice, the City may cancel this Franchise..
Ordinance or make-such correction itself and charge the cost of same
to the Company.
Section 10. CONTROL OF RATES. Rates charged by the Company ~
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..shall be submitted to the City fnr. approval, .The Company agrees that
it shall be subject to all suthorit now or hereafter
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the City, or any other regulatory body having competent jurisdiction,. l+
to fix just, reasonable a~.d compensatory television signal ,distribution
rates. When this Franchise takes effect the Company shall have the
authority to charge and collect not to exceed the submitted and ap- s
proved schedule of rates, which shall remain in effect until changed
or modified with approval of the City.
The rates to be charged by Company shall be in an amount not
to exceed $10,00 for each installation to customer and the monthly
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rates to customer shall not exceed $5.00 for a single unit, In the
.event of a multiple installation, the charge shall not exceed $,50
per unit,. plus the regular $5,00 charge,!
Section 11. PAYMENT TO CITY IN LIEU OF PRIVILEGE LICENSE OR
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(a) The Company: shall pay to the City a tax or fee, in lieu
of privilege licenses, five (5%) per cent of the gross revenues re-
ceived by the Company from the operation of the system, or $500.00,..
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whichever is greater,for;~the first five (5) years of the franchise
and seven and one-half (7ZIa) per cent of the gross revenues received "
by the Company thereafter, or X750.00 whichever. is greater. All other
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taxes assessed against Company by law shall remain in full force and
effect.
(b) All payments as required by the Company to the City shall ~
be made annually based on gross revenues of the Company.
Section 12. RECORDS AND REPORTS. The City shall have access,
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at reasonable hours, to all records relating to the financial. status
of the Company. An annual summary report showing gross revenues ~
received by the Company from the operation of the system and such other
information as the City may require in support of same, shall be given
to the City by the Company. ~ °j
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Section 13. TRANSFER OF SYSTEM. .The Company shall not se1L
or transfer its plant or system or any portion thereof, nor any right,,
title or interest in the same, nor shall the Company transfer any ,.
rights under this Franchise Ordinance to any person, firm, or corpora=,- ._
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tion without prior approval by City,
Section 14, TERMINATION FOR FAILURE TO CONSTRUCT. Unless-`
Company, without just cause, constructs receiving tower within one
(1) year from effective date of this Franchise Ordinance, City shall -'
have the right to revoke any rights hereunder, unless sufficient evi-,.
deuce be shown to grant extension of time,
Section 15. DURATION OF FRANCHISE ORDINANCE. This Franchise,.
Ordinance shall remain in full force and effect for a period of ten
(10) years and shall be subject to renewal by the City by negotiation
with the Company for additional five (5) year periods not to exceed
twenty (20) years, including the initial ten (10) year period.
Section 16. PENALTIES, Should the Company, its. successors-_ _....
or assigns, violate any of the provisions of this Franchise, any
reasonable rules and regulations or other laws, Company shall forfeit
~ all its rights hereunder to the City after written notice to the
Company and the continuation of such violation, failure or default for
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a period of more thaw thirty (30).days. In the event of the bank-
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ruptcy o.T recievership of the Company, all rights herein given to the
Company shall at the option of the City, be forfeited and terminated.
Section 17. SEPARABILITY. In the event any sectin n or part of
this Franchise Ordinance shall be held invalid, such invalidity shall
not effect the remaining portions of this Franchise Ordinance,
Section 18. All ordinances or parts of ordinances in conflict
herewith are to the extent of such conflict hereby repealed.. f
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No further business being presented, the meeting was adjourned.
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ATTE~~=~~~E~.IC~..,~ l°;AYOR
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APPROVED: t i,Y ~~ ig~5