HomeMy WebLinkAbout91-1-4560M
ORDINANCE NO. 91-1-4560
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO
COMCAST 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
COMMUNICATIONS, AND APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PADUCAH,
KENTUCKY, AND COMCAST CABLE OF PADUCAH, INC. DATED JANUARY 8,
1991
WHEREAS, Comcast Cable of Paducah, Inc. filed a
request with the City of Paducah to activate formal process
for renewing its cable television franchise pursuant to the
provisions of the Cable Communications Policy Act of 1984,
47 U.S.C. Sec. 546(a) -(g); and
WHEREAS, the City instituted a proceeding to
identify the future cable related community needs and
interests to review the performance of Comcast under its
existing franchise; and
WHEREAS, during the course of the formal pro-
ceeding the City and Comcast agreed to revert to the in-
formal process pursuant to 47 U.S.C. Sec. 546(h) and enter
into franchise renewal negotiations; and
WHEREAS, the City of Paducah 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., and
WHEREAS, the Board of Commissioners, following a
public hearing held on December 11, 1990, approved the terms
of the renewed cable 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 Cable of Paducah, Inc. the
right and privilege to construct, erect, operate and main-
tain, 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 type television signal distribution system.
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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 particu-
larly set forth in the Paducah Ordinance for Regulation of
Cable Communications, adopted June 12, 1990, and any subse-
quent amendments thereto, and the Franchise Agreement be-
tween the City of Paducah, Kentucky, and Comcast Cable of
Paducah Inc. (a subsidiaryof m
Comcast Corporation) dated
Janaury 8, 1991.
SECTION 3. The Mayor 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 January 8, 1991, and the terms and pro-
visions 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 January 8, 1991, between
the City of Paducah and Comcast Cable of Paducah, Inc. pub-
lished in full in a newspaper of local circulation on or
before , and that the cost of such publication
shall be borne by Comcast Cable of Paducah, Inc. -J/
SECTION
SECTION 6. That if any section, paragraph or
provision of this ordinance shall be found to be inopera-
tive, 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 provi-
sions.
SECTION 7. This ordinance shall be read on two
separate days and will become effective upon publication in
full.
GERRY B. MONTGOMERY
Mayor
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Introduced by the Board of Commissioners Dec. 11, 1990
Adopted by the Board of Commissioners Jan. 8, 1991
Recorded by Lenita Smith, City Clerk, Jan. 8, 1991
Published by The Paducah Sun January 14, 1991
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