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ORDINANCE NO. 2006-10-7184
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO
COMCAST OF THE SOUTH TO OPERATE AND MAINTAIN A CABLE 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 COMMUNICATIONS, AND
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FRANCHISE
AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY, AND
COMCAST OF THE SOUTH
WHEREAS, Comcast filed a request with the City to activate the formal
process for renewing its Cable Television Franchise Agreement ("Franchise") pursuant to
47 U.S.C. § 546(a) -(g); and
WHEREAS, the City commenced a proceeding to identify the future
cable -related community needs and interests and to review the performance of Comcast
under its existing Franchise; and
WHEREAS, during the course of the formal proceeding the City and
Comcast agreed to revert to the informal process pursuant to 47 U.S.C. § 546(h) and enter
into franchise renewal negotiations; and
WHEREAS, the Paducah Cable Communications Authority, following a
public hearing held on April 14, 2005, has approved the terms of the renewed Franchise
expressed herein.
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. There is hereby granted by the City of Paducah, Kentucky,
to Comcast of the South 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 laid out or dedicated, and all extensions thereof, and additions thereto, in the
City, poles, wires, cables, underground conduits, manholes, and other television
conductors and fixtures necessary for the maintenance and operation in the City of a
cable system.
SECTION 2. The right to use and occupy said streets, alleys, public ways
and public places for the purposes herein set forth shall not be exclusive and shall at all
times be subject to the provisions as more particularly set forth in the Paducah Ordinance
for Regulation of Cable Communications, adopted October 10, 2006, and any subsequent
amendments thereto, and the Franchise Agreement between the City of Paducah,
`- Kentucky, and Comcast of the South dated December 5, 2006.
SECTION 3. The Mayor is hereby authorized, by and on behalf of the
City, to execute the Franchise Agreement with Comcast of the South dated December 5,
2006, 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.
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SECTION 5. The City Clerk is hereby directed to have the Franchise
Agreement dated December 5, 2006, between the City of Paducah, and Comcast of the
South published in full in a newspaper of local circulation on or before October 17, 2006,
and that the cost of such publication shall be borne by Comcast of the South.
SECTION 6. That if any section, paragraph or provision of this ordinance
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 theP � u ose 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 read on two separate days and will
published as required by law.
ATTEST:
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Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners September 26, 2006
Adopted by the Board of Commissioners October 10, 2006
Recorded by Tammara S. Brock, City Clerk, October 10, 2006
Published by The Paducah Sun, October 17, 2006
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