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HomeMy WebLinkAboutOrdinance Book 18, Page 865, Ordinance Number 75-4-1109865 j ORDINANCE NO. 75-4-1109 AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE. TO COATCAST CABLE OF PADUCAH, INC. (A SUBSIDIARY OF COMCAST CORPORATION) TO OPERATE AND MAINTAIN A CABLE TYPE TELEVISION SIGNAL DISTRIBUTION SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF PADUCAH, KENTUCKY, PURSUANT TO THE TERMS AND PROVISIONS OF THE PADUCAH ORDINANCE FOR REGULATION OF CABLE COAiAlUNICA- TIONS AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND COAICAST CABLE OF PADUCAH, INC. DATED APRIL 1, 1975 WHEREAS, the City of Paducah, Kentucky, on September 30, 1974, enacted Ordinance No. 74-9-1026 which conditionally accepted the bid of Comcast Corporation for the rights to a non-exclusive franchise to operate a cable type television signal distri- bution system within the corporate limits of the City of Paducah, Kentucky, and WHEREAS, the aforementioned ordinance was conditioned, in part, upon the City of Paducah, Kentucky and Comcast Corporation negotiating and entering into a franchise agreement with provisions therein which were mutually satisfactory to both parties and which would provide an efficient cable communications system for the use and benefit of the citizens of Paducah, Kentucky, and WHEREAS, the City of Paducah, Kentucky and Comcast Cable of Paducah, Inc. (a subsidiary of Comcast Corporation) have now agreed upon the terms, provisions and conditions to be contained in the said franchise agreement and the City is now satisfied that there exists no just and valid reason to delay the final awarding of a non-exclusive franchise, pursuant to the Paducah Ordinance for Regulation of Cable Communications, to Comcast Cable of Paducah, Inc. NOW THEREFORE., BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. There is hereby granted by the City of Paducah, Kentucky, to Comcast Cable of Paducah, Inc. the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now layed out or dedicated, and all extensions thereof, and additions thereto, in the city, pnles, wires, cables, underground con(luits, manholes, and other television conductors and fixtures nocessary for the maintenance and operation in the City of u cable type television signal distribution system. SECTION 2. The right to use and occupy acid streets, alleys, public ways and publie places for the purposes herein set forth shall not be exclusive and shall at all times be subject to the provisions as mor,• particularly set forth in the Paducah $66 Ordinance for Pegulation of Cable Communications, adopted January 4, 1974, and any subsequent amendments thereto, and the Franchise Agreement between the City of Paducah, Kentucky and Comcast Cable of Paducah, Inc. (a subsidiary of Comcast Corporation) dated April 1, 1975. SECTION 3. The Alayor is hereby authorized, by and on behalf of the City, to execute the franchise agreement with Comcast Cable of Paducah, Inc. (a subsidiary of Comcast Corporation) dated April 1, 1975, and the terms and provisions contained therein are hereby approved. SECTION 4. The City Clerk is hereby directed, upon final adoption, to have this ordinance published in the manner prescribed by law in a local newspaper of general circulation. SECTION 5. The City Clerk is hereby directed to have the Franchise Agreement, dated April 1, 1975, between the City of Paducah and Comcast Cable of Paducah, Inc. published in full in a newspaper of local circulation on or before April 10, 1975, and that the cost of such publication shall be borne by Comcast Cable of Paducah, Inc. SECTION 6. That if any section, paragraph or provision of this ordinance i shall be found to be inoperative, ineffective or invalid for any cause, the deficiency or invalidity of such section, paragraph or provision shall not affect any other section, paragraph or provision hereof, it being the purpose and intent of this ordinance to make each and every section, paragraph and provision hereof separable from all other sections, paragraphs and provisions. SECTION 7. This ordinance shall be introduced and remain on file for one week for public inspection in the completed form in which it shall be put upon its final passage, and if adopted shall be in full force and effect ten (10) days thereafter. layer Introduced by the Board of Commissioners April 1, 1975 Passed by the Board of Commissioners April 8, 1975 Recorded by Snrah I hurman, City Clerk, April 8, 1975, -- M