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HomeMy WebLinkAboutOrdinances Book 17, Page 857, No Resolution Number857 / A RESOLUTION AMENDING SECTION 1 (n) OF A RESOLUTION ENTITLED "A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ADVERTISE FOR BIDS FOR THE SALE OF A NON-EXCLUSIVE FRANCHISE TO OPERATE A CABLE TYPE TELEVISION SIGNAL DISTRIBUTION SYSTEM WITHIN THE CITY OF PADUCAH, KENTUCKY, AND SETTING FORTH THE TERMS, CONDITIONS AND SPECIFICATIONS FOR SUCH FRANCHISE" BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Sub -section (n) of Section 1 of the Resolution bearing the title quoted above be amended so that said Sub -section (n) shall hereafter read as follows: "(n) The distribution system to be installed shall not be abandoned either in whole or in part without the consent of the Board Of Commissioners. In the event of the failure of any franchisee to commence construction of the system within nine months after the date of approval and acceptance of any offer for a franchise, or within six months after permission has been granted for a cable television service in the City of Paducah, Kentucky, by the Federal Communications Commission, which ever is later, and in the event of any failure by the successful bidder to render community television service on a uniformly available basis throughout the corporate limits of the City within twelve months after construction is commenced, the Board of Commissioners shall have the right, on reasonable notice to the success- ful bidder to declare any franchise granted hereafter as forfeited; provided, however, failure to comply with these terms by reason of circumstances beyond the reasonable control of the company which could not be anticipated at the time of the acceptance of the terms, shall not be sufficient grounds to declare a forfeiture. "To insure compliance with the terms, specifications and conditions of the proposed franchise, and to insure the entry of a contract, each bidder shall submit with his bid the sum of $5,000.00 in the form of cash, certified check, or bid bond with good corporate surety to be conditioned for return to the bidder after the execution of a franchise ageeement. Bid bonds of unsuccessful bidders shall be returned within fourteen days after the opening of bids. 858 "The successful bidder shall be required to furnish a perform- ance bond in the amount of $50,000.00 conditioned upon the faithful and timely compliance with all provisions and terms, conditions and specifications contained in this resolution and in any franchise to be created in accordance herewith." SECTION 2. This Resolution shall be in full force and effect from and after its adoption and retroactive to November 9, 1971. Mayor f Passed by the Board of Commissioners December 14, 1971 Recorded by Sarah Thurman, City Clerk, December 14, 1971.