04 BUSINESS LICENSES AND REGULATIONS (2) TITLE 4 S-34
BUSINESS LICENSES AND REGULATIONS
Chapters:
4.04 Electric Franchises
4.08 Gas Franchise
4.12 Telephone Franchise
4.16 Cable TV Franchise
4.17 Telephone/TV Franchise (Wave Rural Connect)
4.20 Occupational Licenses
4.24 Selling or Soliciting
4.28 Tax on Private Clubs
4.32 Taxicab Services
4.36 Ambulance Service
4.40 Van Buren Farmers' Market
4.44 Vantage Telecom Franchise
4.46 Temporary revocable licenses within public easements and rights-of-way
4.48 Small Wireless Facilities
CHAPTER 4.04
(� ELECTRIC FRANCHISE
Sections:
4.04.01 Privilege tax on Arkansas Valley Electric Co-Op, Incorporated
4.04.02 In lieu payment
4.04.03 Usage of public ways
4.04.04 [Reserved]
4.04.05 In lieu payment
4.04.06 Usage of public ways
4.04.07 Privilege tax on Arkansas Electric Cooperative Cooperation
4.04.08 In lieu payment
4.04.09 Usage of public ways
4.04.01 Privilege tax on Arkansas Valley Electric Co-Op, Incorporated The Arkansas
Valley Electric Co-Op, Incorporated, which is conducting or carrying on business in the city of
Van Buren, Arkansas shall pay five percent (5%) of the monthly revenues received by the said ' -
Arkansas Valley Electric Co-Op, Incorporated. The said amount will be paid by the Arkansas
Valley Electric Co-Op, Incorporated by the first day of February for the month of January, 1975,
and monthly thereafter. (Ord. No. 74-32, Sec. 1)
4.04.02 In lieu payment Said five percent(5%) shall be paid in lieu of all other taxes,
licenses, charges, fees or impositions except general or special ad valorem taxes which might be
lawfully imposed by the city. (Ord. No. 74-32, Sec. 2)
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4.04.03 Usage of public wads As an incident to the privilege hereby taxed the Arkansas
Valley Electric Co-op, Incorporated shall have the right to occupy present or future streets,
highways, alleys, or other public ways of the aforesaid municipality for the purpose of carrying
on its said business subject to ordinance 21-1973. (Ord. No. 32-1974, Sec. 3)
4.04.04 Reserved
4.04.05 In lieu payment Said privilege tax shall be paid in lieu of all other taxes,
licenses, charges, fees or impositions except general or special ad valorem taxes which might be
lawfully imposed by the city. (Ord. No. 1-1975, Sec. 2)
4.04.06 Usage of public ways As an incident to the privilege hereby taxed the Oklahoma
Gas and Electric Company shall have the right to occupy present or future streets, highways,
alleys, or other public ways of the aforesaid municipality for the purpose of carrying on its said
business. (Ord. No. 1-1975, Sec. 3)
4.04.07 Privilege tax on Arkansas Electric Cooperative Cooperation Pursuant to A.C.A.
§14-200-101, Arkansas Electric Cooperative Corporation, which is conducting or carrying on
business in the City of Van Buren, Arkansas under a franchise shall pay a one-time fee of
$2,500.00 for the use of the City of Van Buren rights of ways as set forth in Exhibit "A" hereto.
Arkansas Electric Cooperative Corporation shall also pay $50.00 per street cut in accordance
with the Code of Ordinances of the City of Van Buren. (Ord. No. 2020-9, Sec. 1).
4.04.08 In lieu payment Said privilege tax shall be paid in lieu of all other taxes,
licenses, charges, fees or impositions except general or special ad valorem taxes which might be
lawfully imposed by the City other than permit fees for street cuts. (Ord. No. 2020-9, Sec. 2)
4.04.09 Usage of public ways Arkansas Electric Cooperative Corporation shall have the
right to occupy present or future streets, highways, alleys or other public rights-of-way of the
aforesaid municipality for the purpose of carrying or installing and maintaining fiber optic lines
as set forth in Exhibit"A"hereto. (Ord. No. 2020-9, Sec. 3)
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CHAPTER 4.08
GAS FRANCHISE
Sections:
4.08.01 Privilege tax on Arkansas Oklahoma Gas Corporation
4.08.02 Terms and conditions unchanged
4.08.01 Privilege tax on Arkansas Oklahoma Gas Corporation The Oklahoma Gas and
Electric Company which is conducting or carrying on business in the city of Van Buren,
Arkansas, under a franchise shall pay four and one quarter percent (4.25%) of the gross revenues
received by said company in the preceding quarter from the following classes of service to
customers within the corporate limits of said city:
1. Residential 2. Commercial 3. Industrial
The said tax shall be payable in quarterly payments; first payment will be due on or before the
31st or March 2017 and quarterly thereafter. (Ord. No. 18-2016, Secs. 1-3)
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4.08.02 Terms and conditions unchanged Nothing herein shall be construed to alter or
change the terms or conditions of the present franchise under which the Gas Company is
operating, including ordinance No. 21-1973. (Ord. No. 1979-39, Sec.2)
CHAPTER 4.12
TELEPHONE FRANCHISE
Sections:
4.12.01 Authority granted for operation of telephone system
4.12.02 Tax imposed upon Southwestern Bell Telephone Company
4.12.03 Tax shall be in lieu of other charges
4.12.04 Temporary moving of lines
4.12.05 Permission to trim trees
4.12.06 Ordinance does not require or permit electric light or power wire
attachments
4.12.07 Exclusive privileges not given
4.12.08 IPTV Video Services
4.12.01 Authority granted for operation of telephone system The Southwestern Bell
Telephone Company, its successors and assigns (herein referred to as "Telephone Company")
shall continue to operate its telephone system and all business incidental to or connected with the
conducting of a telephone business and system in the city of Van Buren, State of Arkansas,
(herein referred to as "City"). The plant construction and appurtenances used in or incident to
the giving of telephone service and to the maintenance of a telephone business and system by the
Telephone Company in said city shall remain as now constructed, subject to such changes as
may be considered necessary by the city in the exercise of its inherent powers and by the
Telephone Company in the conduct of its business, and said Telephone Company shall continue
to.exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant
and appurtenances as the business and purpose for which it is or may be incorporated may from
time to time require, along, across, on, over,through, above and under all the public streets,
avenues, alleys, and the public grounds and places within the limits of said city as the same from
time to time may be established. (Ord. No. 1979-38, Sec. 1)
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4.12.02 Tax imposed upon Southwestern Bell Telephone Cogi The Telephone
Company shall pay to the city a fee equal to 4.25% of the revenues received by the Telephone
Company for basic local exchange service provided in the city for the quarter on or before the
30th day after the end of each quarter(March 31, June 30, September 30, and December 31).
(Ord. No.2011-32, Sec. 1)
4.12.03 Tax shall be in lieu of other charges The annual payment herein required shall
be in lieu of all other licenses, charges,fees or impositions (other than the usual general or
special ad valorem taxes)which may be imposed by the city under authority conferred by law.
The Telephone Company shall have the privilege of crediting such sums with any unpaid balance
due said Company for telephone services rendered or facilities furnished to said city. (Ord. No.
1979-38, Sec. 3)
4.12.04 Temporary moving of lines The Telephone Company on the request of any
person shall remove or raise or lower its wires temporarily to permit the moving of houses or
other structures. The expense of such temporary removal,raising or lowering of wires shall be
paid by the party or parties requesting the same, and the Telephone Company may require such
payment in advance. The Telephone Company shall be given not less than forty-eight(48)hours
advance notice to arrange for such temporary wire changes. (Ord. No. 1979-38, Sec. 4)
4.12.05 Permission to trim trees Permission is hereby granted to the Telephone
Company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said
city so as to prevent the branches of such trees from coming in contact with the wires and cables
of the Telephone Company, all the said trimming to be done under the supervision and direction
of any city official to whom said duties have been or may be delegated. (Ord. No. 1979-38, Sec.
5)
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4.12.06 Ordinance does not require or permit electric light or power wire attachments
Nothing in this chapter contained shall be construed to require or permit any electric light or
power wire attachments by the city or for the city. If light or power attachments are desired by
the city or for the city,then a separate non-contingent agreement shall be a prerequisite to such
attachments. (Ord. No. 1979-38, Sec. 6)
4.12.07 Exclusive privileges not given Nothing herein contained shall be construed as
giving to the Telephone Company any exclusive privileges,nor shall it affect any prior or
existing rights of the Telephone Company to maintain a telephone system within the city. (.Ord.
No. 1979-3 8, Sec. 7)
4.12.08 IPTV Video Services The services that AT&T will provide to the city shall be
subject to the terms and provisions as more particularly set forth in the IPTV Video Services
agreement effective January 1,2012. The Mayor is hereby authorized,by and on behalf of the
city to execute the IPTV Video Services agreement with AT&T and the terms and provisions
contained therein are hereby approved. (Ord.No. 2011-38, Secs. 1-2.)
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CHAPTER 4.16 5-22
CABLE TV FRANCHISE
Sections:
4.16.01 Requirements
4.16.02 Term
4.16.03 Compensation to city
4.16.04 Public, educational and governmental programming
4.16.05 Emergency message
4.16.06 Customer service standards
4.16.07 Service area
4.16.08 Removal
4.16.09 Breach of agreement
4.16.10 Dispute resolution
4.16.11 Non-discrimination
4.16.12 Certification of self-insurance and indemnification obligations
4.16.13 Notices
4.16.14 Compliance with laws
4.16.15 Taxes
4.16.16 Books and records; city's right of inspection and audit
4.16.17 Furnishing of information
4.16.18 Termination and revocation of agreement
4.16.19 Inspection rights
4.16.20 Amendment of this agreement
4.16.21 Assignment
4.16.22 Entire agreement
4.16.23 Waiver
4.16.24 Miscellaneous
4.16.25 Counterpart execution
4.16.01 Requirements For the reasons set forth herein,the parties agree to enter into this
agreement for the exclusive and limited purpose of addressing the provision by COX of wire-line
video service within the city. COX shall comply with the lawful application of all applicable
provisions of the code of ordinances of the city, state and federal law with respect to the location
of COX's Cable System in the ROW,including generally applicable permitting requirements
that may be required under the ordinances of the city, as it now exists or as it may be amended
from time to time. (Ord.No. 2012-4, Sec. 1.)
4.16.02 Term The term of this agreement shall be from the effective date of this
agreement through December 31, 2016. The term may be extended upon mutual agreement of
the parties in writing. (Ord.No. 2012-4, Sec. 2.)
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4.16.03 Compensation to city
A. During the term of this agreement, COX shall pay to city a fee equal to five
percent(5%) of the gross revenues derived from the provision of COX's Cable
Service provider fee. COX will remit the Cable Service Provider fee pursuant to
this agreement irrespective of the classification of this service under the Federal
Communications Act. Such fees shall be paid to the city within forty-five (45)
days after the end of the preceding quarter for which payment is made. The
provided may designate that portion of the subscriber's bill attributable to any
fees imposed pursuant to this agreement and recover such amount from the
subscriber as a separate line item of the bill. The Cable Service Provider fee shall
be in lieu of any permit fee or other fee that could otherwise lawfully be imposed
by the city on COX in connection with work done in the public.ROW;however,
nothing in this agreement shall restrict the right of the city to impose ad valorem
taxes, or other taxes that are lawfully imposed on a majority of all other
businesses by the city.
In the event the city grants any other video service provider a percentage rate for
calculating the video fee that is different than the applicable Video Service
Provider fee percentage under this agreement,this agreement shall,on 60 days'
written notice adjust the applicable Video Service Provider fee to the different
percentage rate given to the incumbent provider,provided that such different rate
does not exceed the maximum permitted by 47 U.S.C. 542(b). Notwithstanding
the provisions of this section,nothing herein shall change the definitions of those
items included in gross revenues subject to the Video Service fee as defined in
this agreement.
B. Payment shall be accompanied by a report in such form and containing sufficient
detail to determine COX's compliance with this section,not later than forty-five
(45) days after the last day of each March,June, September, and December,
throughout the term of this agreement setting forth the gross revenue for the
quarter ending on said last day. In the event that a Cable Service Provider fee
payment or other sum due is not received by the city on or before the date due,
COX shall pay in addition to the payment, or sum due,interest from the due date
at the maximum legal rate of interest set forth in state law. The city shall have the
right to audit any such payment for a period of four(4)years, and no acceptance
of any payment shall be deemed final until the period for audit shall have expired.
C. For purposes of this agreement, gross revenues are limited to amounts billed to
and collected from COX Cable Service product subscribers for the following:
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1. Recurring charges for Cable Service.
2. Event-based charges for Cable Service,including but not limited to pay-
per-view and video-on-demand charges.
3. Rental of set top boxes and other Cable Service equipment.
4. Service charges related to the provision of Cable Service,including,but
not limited to, activation,installation, and repair.
5. Administrative charges related to the provision of Cable Service,
including,but not limited to service order and service termination charges.
6. Cable Service Provider fees.
7. Late payment fees.
8. Maintenance fees.
D. For purposes of this agreement, gross revenues do not include:
1. Uncollectible fees,provided that all or part of uncollectible fees which is
written off as bad debt but subsequently collected fees, shall be included
in gross revenues in the period collected.
2. Discounts,refunds, and other price adjustments that reduce the amount of
compensation received by COX.
3. Amounts billed to cable television subscribers to recover taxes,fees or
surcharges imposed by any governmental authority on the transaction
between COX and subscribers in connection with the provision of IP
Video Services.
4. Revenue from the sale of capital assets or surplus equipment.
(Ord.No. 2012-4, Sec. 3.)
416 04 Public educational and governmental programming Upon request, COX shall
provide capacity for the city's public, educational and governmental (PEG)programming
through COX's Cable Service,including sufficient bandwidth capacity to carry one(1)PEG
channel required by the city.
A. Any operation of any PEG access channel by the city shall be the sole
responsibility of the city, and COX's obligation is limited to the responsibility for
the transmission of such channel. The city will be responsible to ensure that all
transmissions,retransmissions, content or programming that may be requested to
be transmitted over a channel or facility by COX in the future, if any, are
provided or submitted to COX, at the COX designated connection point,in a
manner or form that is capable of being accepted and transmitted by COX without
requirement for additional alteration or change in the format or content by COX
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over the network of COX and which is compatible with the technology or
protocol utilized by COX to deliver Cable Service. The city may use a provider
of its own choosing,including self-provisioning,to deliver PEG content to COX's
designated connection point,provided that bandwidth and streaming
specifications are followed.
B. COX shall provide city with a capital PEG grant of Five Thousand Dollars
($5,000.0)at the earlier of such time as COX achieves a ten percent(10%)market
share of the pay TV subscriber marker within city or within one hundred eighty
(180) days from the effective date of this agreement,whichever comes first. Such
grant may be used by the city to support PEG channel facilities as allowed by
federal law; furthermore,the grant shall not be offset, deducted or chargeable as a
credit against Cable Service fee payments required by 4.16.03 of this agreement.
C. COX shall,upon written request by the city,provide the city free of charge one
(1)installation and basic Cable Service to one location(either the city's municipal
complex,police station or fire station#1),provided that COX's Cable Service is
available at such location. COX shall not seek to offset recurring costs associated
with the requirements of this section against the Cable Service fees due under
4.16.03 of this agreement. (Ord.No. 2012-4, Sec. 4.)
4.16.05 Emergency message COX shall carry all federal, state and local alerts provided
over the Emergency Alert System through COX's Cable Services in the event of a public safety
emergency, which at a minimum will include the concurrent rebroadcast of local broadcast
channels. (Ord.No. 2012-4, Sec. 5.)
4.16.06 Customer service standards COX shall comply with the customer service
requirements set forth in 47 C.F.R. Section 76.309(c), as such requirements may be amended
from time to time. The requirements of 47 C.F.R. 76.309(c)are set forth in Attachment A to this
agreement,but are intended to be identical to the federal law and shall be deemed automatically
amended should 47 C.F.R. 76.309(c)be amended.
A. COX wi11 maintain a local,toll-flee or collect call telephone access line that will
be available to subscribers to its Cable Services twenty-four(24)hours a day,
seven(7) days a week. Trained COX representatives will be available to respond
to customer telephone inquiries during normal business hours. After normal
business hours,the access line may be answered by a service or an automated
response system,including an answering machine. Inquiries received after
normal business hours must be responded to by a trained company representative
on the next business day, except for service interruptions.
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B. Under normal operating conditions,telephone answer time by a customer
representative,including wait time, shall not exceed thirty(30) seconds when the
connection is made. If the call needs to be transferred,transfer time shall not
exceed thirty(30) seconds. These standards shall be met no less than ninety
percent(90%)of the time under'normal operating conditions,measured on a
quarterly basis. COX will not be required to acquire equipment or perform
surveys to measure compliance with the telephone answering standards described
in this section unless an historical record of complaints indicates a clear failure to
comply.
C. Under normal operating conditions, a COX customer will receive a busy signal
less than three percent(3%) of the time.
D. COX customer service center and bill payment locations will be open at least
during normal business hours and will be conveniently located.
E. Under normal operating conditions, each of the following four standards related to
installations, outages and service calls will be met no less than ninety-five percent
(95%) of the time measured on a quarterly basis:
E 1. Standard installations will be performed within seven(7)business days
after an order has been placed. Standard installations are those that are
located up to one hundred twenty-five(125)feet from the existing
distribution system.
2. Excluding conditions beyond the control of COX, COX will begin
working on service interruptions promptly and in on event later than
twenty-four(24)hours after the interruption becomes known. COX must
begin actions to correct other service problems the next business day after
notification of the service problem.
3. The appointment window alternatives for installations, service call, and
other installation activities will be either a specific time or, at maximum, a
four-hour time block during normal business hours. (COX may schedule
service calls and other installation activities outside of normal business
hours for the express convenience of the customer.)
4. COX may not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment.
5. If a COX representative is running late for an appointment with a
customer and will not be able to keep the appointment as scheduled,the
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customer will be contacted. The appointment will be rescheduled, as
necessary, at a time that is convenient for the customer.
F. Refund checks will be issued promptly,but no later than either the customer's
next billing cycle following resolution of the request or thirty(30) days,
whichever is earlier, or the return of the equipment supplied by COX if service is
terminated.
G. Credits for service will be issued no later than the customer's next billing cycle.
following the determination that a credit is warranted.
H. The following definitions shall apply to the terms listed below,as such terms are
used in 4.16.06 of the agreement:
Normal business hours means those hours during which most similar businesses
in the city are open to serve customers. In all cases,normal business hours must
include some evening hours at least one night per week and/or some weekend
hours.
Normal operating conditions means'those service conditions that are within the
control of COX. Those conditions that are not within the control of COX include,
but are not limited to,natural disasters, civil disturbances,power outages,
telephone network outages and severe or unusual weather conditions. Those
conditions that are ordinarily within the control of COX include,but are not
limited to, special promotions,pay-per-view events,rate increases,regular peak
or seasonal demand periods and maintenance or upgrade of the Cable System.
Service interruption means the loss of picture or sound on one or more Cable
Service channels. (Ord.No.2012-4, Sec. 6.)
4.16.07 Service area This agreement shall apply to COX's service area within the
municipal boundaries of Van Buren as they exist upon the date of execution of this agreement
and may hereafter be extended. (Ord.No. 2012-4, Sec. 7.)
4.16.08 Removal Upon abandonment, COX will, at the city's written request and within
a reasonable amount of time,remove from the city ROW any visible equipment that COX used
exclusively for its Cable Service. (Ord.No.2012-4, Sec. 8.)
4.16.09 Breach of agreement Should either party claim that a breach of any part of this
agreement has occurred,that party will provide prompt written notice to the other, specifying the
nature of the breach, and upon receipt the other party shall cure such breach within sixty(60)
days. (Ord.No. 2012-4, Sec. 9.)
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4.16.10 Dispute resolution Except as otherwise provided in this agreement,the parties
shall prior to any court action make diligent good faith efforts to resolve all issues and disputes
that arise in the administration of this agreement through discussions between designated
representatives of the parties and use of a mediator when such discussions have failed. (Ord.No.
2012-4, Sec. 10.)
4.16.11 Non-discrimination Cox shall not deny access to its Cable Service to any group
of potential residential customers because of the income of the residents of the local area in
which such group resides. (Ord.No. 2012-4, Sec. 11.)
4 16 12 Certification of self-insurance and indemnification obligations
A. COX is self-insured in an amount beyond which the city would normally require
under any insurance policy,including for commercial general liability,
automobile liability, and workers' compensation. Therefore,upon written request
after the effective date of this agreement, COX shall furnish a certificate(s) or
statements of self-insurance to the city and shall inform the city if the level of
self-insurance changes.
B. COX agrees to indemnify, defend, and hold harmless city,its officers, agents, and
employees (indemnified parties), from and against any lawsuits, claims, causes or
action, actions,liabilities, demands, damages,judgments,settlements,disability,
losses,expenses(including reasonable attorney's fees and disbursements) and
costs,that any of the indemnified parties may at any time suffer, sustain or incur
arising out of,based upon or in any way connected with COX's negligent
construction, operation, or maintenance of its Cable System,provided that city
shall give COX written notice of its obligation to indemnify city within fifteen
(15) days of receipt of a claim or action pursuant to this subsection.
Notwithstanding the foregoing, COX shall not indemnify city for any damages,
liability or claims resulting from the negligence or willful misconduct of city, its
officers, agents, employees, attorneys, consultants,independent contractors or
third parties or for any activity or function conducted by any person or entity
other than COX in connections with PEG programming.
C. With respect of COX's indemnity obligations set forth above, COX shall provide
the defense of any claims brought against city by selecting counsel of COX's
choice to defend the claim, subject to the consent of city,which shall not be
unreasonably withheld. Nothing herein shall be deemed to prevent city from
cooperating with COX and participating in the defense of any litigation by its own
counsel at its own cost and expense,provided,however,that after consultation
with city, COX shall have the right to defend, settle or compromise any claim or
action arising hereunder, and COX shall have the authority to decide the
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appropriateness and the amount of any such settlement. In the event that the
terms of any such settlement do not include the release of city and city does not
consent to the terms of any such settlement or compromise, COX shall not settle
the claim or action,but its obligation to indemnify city shall in no event exceed
the amount of such settlement. (Ord.No. 2012-4, Sec. 12.)
4.16.13 Notices Any notice to be given under this agreement shall be in writing and may
be delivered to either personally,by faxsimile or by certified or registered mail with postage
prepaid and return receipt requested, addressed as follows:
If to city: Mayor, city of Van Buren
1003 Broadway
Van Buren AR 72956
If to COX: COX Communications
Attention; Vice-president of Government Affairs
901 So. George Washington Blvd.
Wichita KS 67211
With a courtesy copy to: COX Communications,Inc.
Attn: Government Affairs
1400 Lake Hearn Dr.
Atlanta GA 30319
(Ord.No. 2012-4, Sec. 13.)
4.16.14 Compliance with laws COX shall comply with all applicable federal, state and
local laws during the term of this agreement,to the extent such laws apply to COX and to its
obligations under this agreement. (Ord.No. 2012-4, Sec. 14.)
4.16.15 Taxes Nothing contained in this agreement shall be construed to exempt COX's
Cable Service from any tax,levy or assessment which is or may later be properly authorized by
law,provided any tax,levy or assessment on any COX product is equally applicable to all other
businesses in the city. (Ord.No. 2012-4, Sec. 16.)
4.16.16 Books and records; ci 's right of inspection and audit
A. COX shall maintain books of account and records adequate to enable COX to
demonstrate that it is in compliance with the obligation to pay the fees described
in 4.16.03 and 4.16.04 of this agreement with respect to its Cable Service. COX
shall also maintain books and records to demonstrate COX's compliance with all
other terms of this agreement. COX shall not be required to maintain books and
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records for compliance purposes under this agreement for a period longer than the
applicable Arkansas State Statute of Limitations for contract matters.
B. The city shall have the right to audit COX,with respect to any payment made
under this agreement,within the applicable Arkansas State Statute of Limitations
for contract matters. The city may re-compute any amounts determined to be
payable in satisfaction of the fees described in 4.16.03 and 4.16.04 of this
agreement with respect of COX's Cable Service. Any additional and valid
amount due the city as a result of the audit shall be paid by COX within thirty
(30) days after COX receives a written notice from the city. The notice that the
city sends to COX shall include a copy of the audit report.
C. In the event that payment of any valid fees described in 4.16.03 of this agreement
with respect to Cable Service that has been recomputed pursuant to (B) above is
not made on or before the expiration of thirty(30) days following written notice
by the city, COX shall be charged and shall pay,in addition to the amount due,
interest from the due date at the maximum legal rate of interest set forth in state
law.
D. City acknowledges that some of the records which may be provided by COX may
be classified as confidential or proprietary and,therefore,may subject COX to
competitive disadvantage if made public. City shall therefore maintain the
confidentiality of any and all records provided to it by COX subject, including
cooperating with COX in protecting such confidential or proprietary information
in the event an open records or similar request is received by the city pursuant to
applicable laws.
E. City and COX acknowledge that all notifications required pursuant to this
agreement constitute a condition precedent that must be timely met prior to either
party bringing any claim or lawsuit arising out of this agreement. (Ord.No. 2012-
4, Sec. 18.)
4.16.17 Furnishing of information Each party shall cooperate to make available to cause
to be made available information requested by the other party relating to this agreement and each
party's obligations under this agreement to the extent such information may be requested in
writing by a party and is in the possession or the control of the other party. Any disputes
between the parties as to any information requested pursuant to this section shall be subject to the
dispute resolution process described in 4.16.10 of this agreement. (Ord.No.2012-4, Sec. 19.)
4.16.18 Termination and revocation of agreement A verified and continuing pattern of
noncompliance with any material provision of this agreement shall constitute a material breach
of this agreement. The agreement may be revoked after a full due process hearing by a simple
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majority vote of the City Council upon the recommendation of the city for a material breach of
this agreement after giving COX at least thirty(30) days' notice in writing of intention to revoke
such agreement,unless such violation is corrected during the period of notice, or unless COX has
made a reasonable attempt to correct the violation during that time and is unable to correct such
violation despite such reasonable attempts. The time for COX to correct any violation or liability
shall be extended by the city if the necessary action to correct such violation is of such a nature
or character as to require more than.thirty(30)days within which to perform,provided COX
provides written notice that it requires more than thirty(30) days to correct such violations and
commences the corrective action within the thirty(30)day period and thereafter uses reasonable
diligence to correct the violation.
In addition to all other rights,powers, or remedies pertaining to the city in connection
with this agreement or otherwise,the city reserves the right to terminate this agreement and all
rights and privileges of COX under this agreement if any of the following events shall occur and
not be cured in a timely manner:
A. Substantial failure on more than one occasion to comply with any material
provision of this agreement or any other local, state, of federal law or regulation
of a nature such as to prevent COX from carrying out all of the terms of this
agreement for a period of more than one(1)month.
B. COX does not pay any undisputed portion of the fees,payments or contributions
required under this agreement,when due and payable under this agreement.
C. Any material representation or warranty made by COX in connection with this
agreement shall be false in any material respect when made.
D. COX shall violate any other material covenant, agreement or condition of this
agreement and such violation shall not have been corrected,within such
reasonable period of time to cure as granted to COX by the city pursuant to the
provisions of this agreement.
E. COX attempts to evade any of the provisions of this agreement or practices any
fraud or deceit upon the city or upon subscribers. (Ord.No.2012-4, Sec.20.)
4.16.19 Inspection rights The city shall have the right to inspect,upon reasonable prior
written notice,and at its expense, all construction and installation work performed by COX of
Cable Service specific facilities on the public rights-of-way as it shall find necessary to ensure
compliance with a specified permit. Any such inspection shall be solely for the benefit of the
city. (Ord.No.2012-4, Sec. 21.)
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4.16.20 Amendment of this agreement This agreement may be amended or modified
only by a written instrument executed by both parties or as otherwise provided by law or the
occurrence of any condition stated herein.
Except as provided below,the parties agree to consult in the event that any court, agency,
commission,legislative body, or to the authority of competent jurisdiction issues a finding that
limits the validity or enforceability of this agreement,in whole or in part. Should the finding be
final,non-appealable and binding upon either the city or COX,this agreement shall be deemed
modified or limited to the extent necessary to address the subject of the finding unless either
party, within thirty(30) days of receipt of the ruling,provides written notice to the other party of
election to terminate, in which case this agreement shall terminate within six(6)months or such
earlier period as the parties mutually may agree. Where the effect of a finding is a modification,
the parties shall enter into good faith negotiations to modify this agreement in the manner which
best effectuates its overall purposes and the intentions of the parties. Failure to reach a mutually
satisfactory modification within ninety(90) days of the commencement of such efforts shall
entitle either party to terminate this agreement on the provision of thirty(30)days' written
notice. (Ord.No.2012-4, Sec.22.)
4.16.21 Assignment COX may not assign or transfer this agreement or any interest
therein,without the prior consent of the city,which consent shall not be unreasonably withheld
or delayed.
A. Notwithstandingan to the contrary,no consent shall be required,however,
anything ary q
for
1. A transfer of an agreement or any interest therein to an affiliate, or
2. A transfer in trust by mortgage,hypothecation, or by assignment of any
rights,title or interest of COX in this agreement or the system in order to
secure indebtedness.
B. In the event of a transfer of this agreement,the transferee or assignee must agree,
in writing,to be bound by the terms of this agreement subject to applicable law.
(Ord.No. 2012-4, Sec. 23.)
4.16.22 Entire agreement This agreement constitutes the entire agreement between city
and COX with respect to the subject matter contained herein and supersedes all prior or
contemporaneous discussions, agreements, and/or representations of or between city and COX
regarding the subject matter hereof. (Ord.No.2012-4, Sec.24.)
4.16.23 Waiver Failure on the part of either party to enforce any provision of this
agreement shall not be construed as a waiver of the right to compel enforcement of such
provision or any other provision. (Ord.No. 2012-4, Sec. 25.)
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4.16.24 Miscellaneous
A. COX and city each hereby warrants that it has the requisite power and authority to
enter into this agreement and to perform according to the terms hereof.
B. The headings used in this agreement are inserted for convenience or reference
only and are not intended to define,limit or affect the interpretation of any term or
provision hereof. The singular shall include the plural;the masculine gender shall
include the feminine and neutral gender.
C. COX and city shall cooperate fully with one another in the execution of any and
all other documents and in the completion of any additional actions including,
without limitation,the processing of permits that may be necessary to appropriate
to give full force and effect to the terms and intent of this agreement.
D. Nothing contained in this agreement is intended or shall be construed as creating
or conferring any rights, benefits or remedies upon, or creating any obligations of
the parties hereto toward any person or entity not a party to this agreement,unless
otherwise expressly set forth herein.
E. For purposes of this agreement:
Cable Service shall have the same meaning as the definition found at 47 U.S.C.
522(6).
Cable System shall have the same meaning as the definition found at 47 U.S.C.
522(6). (Ord.No. 2012-4, Sec.26.)
4.16.25 Counterpart execution This agreement may be signed in one or more
counterparts, each of which shall be deemed an original and all of which together shall constitute
one and the same agreement. Signature pages may be transmitted by facsimile and any signature
transmitted by facsimile will be given the same force and effect as an original signature. (Ord.
No. 2012-4, Sec. 27.)
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CHAPTER 4.17
TELEPHONE/TV FRANCHISE (WAVE RURAL CONNECT)
Sections:
4.17.01 Privilege tax on Wave Rural Connect
4.17.02 In lieu payment
4.17.03 Usage of public ways
4.17.04 Non-exclusive
4.17.05 Authorization of mayor
4.17.01 Privilege tax on Wave Rural Connect Pursuant to A.C.A. §14-200-101, Wave
Rural Connect which is conducting or carrying on business in the City of Van Buren, Arkansas
under a franchise shall pay as an annual franchise fee 4.25% of the gross revenues received by
said company in the preceding year for all telephone and television services provided in the City
of Van Buren. Collection of the tax by Wave Rural Connect shall begin May 1, 2020. The said
tax shall be payable on or before the 30th day of April 2021, as computed for 2020, and annually
thereafter on or before the 30th day of April in each year. Payment shall be accompanied by a
report in such form and containing sufficient detail to determine Wave Rural Connects
compliance with this section with the payment. In the event a payment is not received on or
before the date due, Wave Rural Connect shall pay in addition to the payment, interest from the
due date at 10%per annum. The City of Van Buren shall have the right to audit any such
payment for a period of four(4)years, and no acceptance of any payment shall be deemed final
until the period for audit shall have expired. (Ord.No. 2020-10, Sec. 1)
4.17.02 In lieu payment Said privilege tax shall be paid in lieu of all other taxes,
licenses; charges, fees or impositions for the use of the right of way for the installation and
maintenance of fiber optic lines and for conducting business within the City of Van Buren except
general or special ad valorem taxes and street cut permits. (Ord. No. 2020-10, Sec. 2)
4.17.03 Usage of public ways Wave Rural Connect shall have the right to occupy present
or future streets, highways, alleys or other public rights-of-way in the City of Van Buren for the
purpose of installing and maintaining fiber optic lines. (Ord. No. 2020-10, Sec. 3)
4.17.04 Non-exclusive Nothing herein contained shall be construed as giving to Wave
Rural Connect any exclusive privileges. (Ord. 2020-10, Sec. 4)
4.17.05 Authorization of mayor The Mayor is authorized to enter into the attached
Franchise Agreement with Wave Rural Connect to implement the provisions hereof. (Ord. No.
2020-10, Sec. 5)
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CHAPTER 4.20
OCCUPATIONAL LICENSES
Sections:
4.20.01 Licenses required
4.20.02 Constructing terms
4.20.03 Various occupations
4.20.04 Solicitors,peddlers,hawkers and itinerant merchants or vendors
4.20.05 Dual business
4.20.06 Affidavit necessary, Schedule "A" and "B"
4.20.07 Semiannual payments
4.20.08 Non-transferable
4.20.09 Display
4.20.10 Penalties
4.20.11 Garage sales, etc.
4.20.12 Advertising
4.20.13 Electronic inventory for pawnshops,pawnbrokers and dealers in
secondhand goods
4.20.01 Licenses required. It shall be unlawful for any person, firm, individual or
corporation,within the city limits of the city of Van Buren,Arkansas,to engage in, carry on or
follow any trades,businesses, vocation,professions or calling without first having procured from
the City Clerk of said city of Van Buren, Arkansas, and having paid therefore the amount of
license hereinafter mentioned and provided in this ordinance for the privilege of engaging in,
carrying on or following such trade,business,profession,vocation or calling in said city. (Ord.
No. 30-1974, Sec. T)
4.20.02 Constructingterms.erms. All general provisions,terms,phrases and expressions used
in this ordinance shall be liberally constructed, in order that the true intent and meaning of the
City Council of the city of Van Buren,Arkansas may be fully carried out.
Average number of persons employed shall mean,the average number of persons
employed on the 15th day of each month the previous year or in the case of business not in
operation entire previous year the average number of employees on the 15th day of each month
that the business was in operation divided by the number of months they were in operation. In
the case of a new business,the estimated number of persons to be hired.
Employee shall mean any person actively engaged in the affairs of the person, firm,
individual or corporation, including the owner operator. (Ord. No. 30-1974, Sec.II)
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4.20.03 Various occupations. For convenience and to avoid repetition under several
items,the following schedules of licenses is hereby created and defined and called Schedules,
"A" and"B" and herein referred to as Schedules "A" and "B". The said licenses as fixed by this
ordinance under Schedules "A" and "B" shall be respectively as follows,to-wit
SCHEDULE "A"
PROFESSIONAL OCCUPATIONS
Each Professional Employee including the owner,partners, etc. $50.00
Each Non-Professional Employee working for a professional or a group
of professional employees in a partnership or corporation. $25.00
SCHEDULE "B"
NON-PROFESSIONAL OCCUPATIONS
Each Non-Professional Employee, including the owner,partner, etc.
up to 25 employees $25.00
plus
Each additional employee from 26 up to 100 employees $ 5.00
plus
Each additional employee over 100 employees $ 2.50
(Ord.No. 30-1974, Sec. III as amended by Ord.No. 3-1975, Sec. 1)
4 20.04 Soliciting peddlers,hawkers and itinerant merchants or vendors. Each
solicitors,peddlers, hawkers, and itinerant merchants or vendors, complying with Ordinance No.
6-1973 shall pay a privilege license of Two Dollars and Fifty Cents ($2.50)per day for each
person engaged in soliciting over the phone or making sales of delivery as the result of said call,
up to Twenty-Five Dollars ($25.00)which would give them the privilege of engaging in such
activities for one year. The owner or manager of the solicitors,peddlers,hawkers, and itinerant
merchants or vendors shall file a Schedule "B" and indicate the days of operation and pay the
license fee. (Ord. No. 30-1974, Sec. IV)
4.20.05 Dual business. Be it further ordained that any person„firm or corporation
engaged in two or more businesses,vocations, callings or professions enumerated in Section
4.20.03 and for which a license is required,the total number of employees shall govern. (Ord.
No. 30-1974, Sec. V)
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4.20.06 Affidavit necessary, Schedule "A" and"B". It shall be the duty of the person
applying for such license to render to the City Clerk a sworn statement to the average number of
persons employed as per Section 4.20.02 of this ordinance, and such other and further proof as
the City Clerk will demand to show the actual number of persons engaged in said business or
profession, and the City Clerk shall not be required to receipt for any money until such proof is
furnished,provided that each person, firm or corporation having more than one place of
business, each shall be considered a separate and distinct place of business, and assessed as
provided in this ordinance,but no person shall be assessed more than once. (Ord. No. 30-1974,
Sec.VI)
4.20.07 Semiannual payments. All annual licenses provided for under Section 4.20.01 to
4.20.04 may be issued by the City Clerk for six (6)months period. All licenses shall be paid in
full in advance annually on the first day of January of each year or within thirty(30) days
thereafter unless a firm elects to buy one half year license in which case one half of said annual
license shall be due on January 1 st of each year or within thirty(3 0) days thereafter, and one half
of said annual license shall be due on July 1st of each year or within thirty(30) days thereafter.
Fractional parts of either the first half of the year shall be charged for, from such date to June
30th, or December 31 st following as the case may be, and all licenses provided for in this
ordinance must be paid within thirty (30) days after the date when same first become due. (Ord.
No. 30-1974, Sec. VII)
4.20.08 Non-transferable. No license issued under this ordinance shall be transferred,
except from one location to another location, and no license shall be transferred in any event
from one business to another. (Ord. No. 30-1974, Sec. VIII)
4.20.09 Display. Each license shall be posted in a conspicuous place where such
business or corporation is carried on and the holder of such license shall immediately show the
same to any officer of the city upon being requested to do so. (Ord. No. 30-1974, Sec. IX)
4.20.10 Penalties. Any person violating the provisions of this ordinance will be subject
to a fine not to exceed Twenty-Five Dollars ($25.00)provided,however,that.each day a
violation of this ordinance continues will constitute a separate offense for which a maximum fine
will be Twenty-Five Dollars ($25.00) for the second and subsequent days of violation. (Ord. No.
30-1974, Sec.X)
4.20.11 Garage sales, etc. It shall be unlawful for any person, firm, or corporation within
the city of Van Buren to engage in or carry on any garage sale,porch sale,rummage sale, or any
similar type sale unless that person, firm or corporation first obtains from the City Clerk a permit
to do so, and signs an affidavit that said sale shall be of personal property owned by said person,
firm or corporation, and that said property was not purchased for the purpose of resale. The City
Clerk shall make, and collect a charge of Five Dollars ($5.00)per day for all permits for such
sale, except as is hereinafter provided.
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The City Clerk shall issue,without charge and without any type of time limitation, a
permit for any such sale being conducted by Church or being conducted for any generally
recognized charitable purpose.
Limitations on number of sales No more than two (2) sales of the nature described in this
section may be conducted by any persons,firms, or corporations, at any residence or any location
within the corporate city limits of Van Buren during any calendar year, excluding the weekend of
"Bargains Galore on 64," and charitable organizations, as set forth above. (Ord.No. 2008-36,
Sec. 1.)
Duration of sale No sale described in this ordinance shall be conducted for a period in
excess of three(3) consecutive days(72 hours). (Ord.No. 2008-36, Sec. 1.)
4.20.12 Adver-tisin No signs advertising said sale shall be placed on utility poles,traffic
signs, in street right-of-ways and no such signs shall be placed upon private property without
signed authorization by the owner of said private property. Any sign posted for a sale authorized
in this ordinance must be removed within twenty-four(24)hours after the sale, and violations of
this section shall be subject to fines not less than Fifty Dollars ($50.00)nor more than Five
Hundred Dollars ($500.00)per day. (Ord. No. 2008-36, Sec. 2.)
r� 4.20.13 Electronic inventory by pawnshops,pawnbrokers and dealers in secondhand
goods
A. Each and every owner or operator of a pawnshop,pawnbroker and dealer in
secondhand goods doing business in the city of Van Buren,Arkansas, shall,
within ninety(90) days of the adoption of this ordinance,maintain an electronic
inventory tracking system which is capable of delivery and transmission of all
statutorily-required information via computer to the entity designated by the Van
Buren Police Department. In regards to this ordinance,the phrase "dealer in
secondhand goods" does not apply to automobile dealers or consignment shop
owners who primarily deal in secondhand clothing.
B. In accordance with A.C.A. 12-12-103 (e)(1)(B) each owner and/or operator
covered herein shall make daily data uploads to the city of Van Buren designated
tracking system, and in no case shall fail to upload said data more than three(3)
business days after receipt of the goods purchased or pawned. "Goods"means
any tangible chattel or personal property except automobiles, clothing, or
furniture. (Ord.No. 2007-28, Sec. 2.)
C. Each and every owner or operator of a pawnshop or pawnbroker doing business in
the city of Van Buren,Arkansas, shall keep a well-bound record book or register
which shall contain a copy of every pawn ticket or contract or bill of sale issued
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by the owner or operator of a pawnshop or by the pawnbroker. These records
shall be open and accessible to any officer of the Police Department for inspection
or other official business at any reasonable time. (Ord.No.28-2007, Sec. 3.)
D. The failure on the part of any owner or operator of a pawnshop,pawnbroker or
dealer in secondhand goods to comply with the provisions of this ordinance shall
be deemed a misdemeanor. Upon conviction,the offender shall be punished by a
fine of Two Hundred Fifty Dollars ($250.00). Each day of non-compliance with
this ordinance shall be deemed a separate offense. (Ord.No. 9-2006, Secs. 1-2.)
CHAPTER 4.24
DOOR-TO-DOOR SELLING OR SOLICITING
Sections:
4.24.01 Definition
4.24.02 Penalties
4.24.03 Adoption of statute
4.24.04 Hours of operation
4.24.05 False representation
4.24.06 Remaining after notice to leave
4.24.07 Going onto the property after the property owner has posted a No
Soliciting sign
4.24.08 Soliciting or selling prohibited in business district
4.24.09 Registration
4.24.10 Registration required
4.24.11 Information required
4.24.12 Fee
4.24.13 Duration
4.24.14 Identification
4.24.15 Soliciting on streets
4.24.01 Definition That the term "Residential Door-To-Door Selling or Soliciting",for
the purposes of this ordinance, shall refer to the activity or practice of going,whether by foot or
by any type of conveyance,from place to place,house to house,from street to street, or from
door to door to residential living units for the purposes of selling or attempting to sell goods or
services,whether to be currently
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delivered or delivered at a subsequent time, or for the purpose of requesting or attempting to
request donations or contributions by a person who has not obtained a prior appointment to call
at such a residential unit. Provided, such term shall not be interpreted so as to include such
activities of members of recognized religious organizations when engaged in as a direct incident
to the exercise by such members of their freedom of religion rights under the Constitution of the
United States,nor to such activities by persons while engaged in the sale of newspapers in
exercise of their freedom of the press rights under the Constitution of the United States, and
neither shall the provisions of this ordinance be applicable to the activities of the activities of
organizations classified as tax exempt under the provisions of Section 501 of the 1954 Internal
Revenue Service Code, and amendments and regulations pertaining thereto,nor to the sale or
soliciting of orders for the sale of fruits,vegetables, or other products of the farm, including meat
from domestic animals or livestock, so far as the sale of such commodities is authorized by law.
(Ord. No. 3-82, Sec. I-1)
4.24.02 Penalties That any person found guilty of violating the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any
sum not less than Twenty-Five Dollars ($25.00) and not more than Two Hundred Dollars
($200.00). The penalty for violating the provisions of Section 4.24.03 of this ordinance shall be
the penalty set forth in Section II of Act 462 of the 1973 Acts of Arkansas. (Ord. No. 3-82, Sec.
I-2)
4.24.03 Adoption of statute That technical code known as the state of Arkansas "Home
Solicitation Sales Act" and that part of the Criminal Code represented by such Act as adopted by
Act 462 of the 1973 Acts of Arkansas, and codified as A.C.A. 4-89-101 through 4-89-104 (Supp.
1973),is hereby adopted by reference as a part of the ordinances and Criminal Code of the city.
(Ord. No. 3-82, Sec. I-3)
4.24.04 Hours of operation It shall be unlawful for any person,whether the registration
provided for in this ordinance has been provided for or not,to engage in the activity of
residential door-to-door selling or soliciting before 8:00 a.m. or after 9:00 p.m. of each day of the
week except Sunday, and it shall be unlawful for any person to engage in such activities at any
time on Sundays. (Ord. No. 3-82, Sec.I-4)
4.24.05 False representation It shall be unlawful for any person engaged in the activity
of residential door-to-door selling or soliciting to make use of any plan, scheme or ruse or make
any statement which indicates or implies that the purpose of such person's visit is other than to
obtainn orders for or make sales of goods or services or obtain commitments for or collect
donations or contributions. (Ord. No. 3-82, Sec. I-5)
4.24.06 Remaining after notice to leave It shall be unlawful for any person engaging in
the activity of selling or attempting to sell goods or services or requesting or attempting to
request donations or contributions at a residential living unit,whether or not
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such person is engaging in such activity of residential door-to-door selling or soliciting as
defined herein,to continue to engage in such activity or remain on such premises after having
been asked or instructed by the occupant of such-premises to leave such premises. (Ord. No. 3-
82, Sec. I-6)
4.24.07 Going onto the property after the property owner has posted a"No Soliciting"
sign It shall be unlawful for any person engaging in this activity of selling or attempting to sell
goods or services or requesting or attempting to request donations or contributions at a
residential living unit,whether or not such person is engaging in the activity of residential door-
to-door selling or soliciting as defined herein,to go onto the property of a person who has posted
a"No Soliciting" sign or similar sign on the property. (Ord. No. 3-82, Sec. I-7)
4.24.08 Soliciting or selling prohibited in-business district It shall be unlawful for any
person, agent of such person, except agents or representatives of newspapers, educational,
religious, charitable, or other non-profit organizations,to station himself upon or to loiter upon
any public street, sidewalk, alley, or other public way within the areas of the city which are now
or may hereafter be used for business purposes,for the purpose of selling, offering for sale, or
soliciting orders for the sale of goods,wares, and merchandise,including magazines, and/or
peddling or hawking the same,or to sell or to offer for sale,or to solicit orders for the sale of
goods,wares, or merchandise,including magazines and/or to peddle or hawk the same in said
area. (Ord. No. 3-82, Sec. I-8)
4.24.09 Registration No fnm, company, corporation, association,partnership, sole
proprietorship, or other legal entity shall engage in the activity of door-to-door selling or
soliciting within the city unless the legal entity represented by such person has a current
registration on file with the city. (Ord. No. 3-82, Sec. II-I)
4.24.10 Registration required It shall be unlawful for any person to engage in the
activity of residential door-to-door selling or soliciting within the city unless the legal entity
represented by such person has a current registration on file with the city. (Ord. No. 3-82, Sec.
II-2)
4.24.11 Information required Each legal entity required to register y this article shall,
before engaging in such activity,register itself with the revenue collector of the city, or other
agent of the city designated for such purposes by the Mayor, Such registration shall be on forms
supplied by the city and shall contain the following information:
A. Name, address, and telephone number of the supervisor or manager of the entity's
activities within the city.
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B. The correct(legal)name of the entity together with the entity's home office
telephone number and its designated agent for service of process at its home
office and within the state,if such an agent has been designated within the state.
C. A listing of the anticipated period during which such sales and solicitation shall
be conducted within the city,not to exceed the period of one year, and
D. A list of all persons doing door-to-door selling or soliciting within the city. (Ord.
No. 3-1982, Sec. II-3 as amended by Ord. No. 5-82, Sec. 1)
4.24.12 Fee As reimbursement of the cost of maintenance of such register of persons
engaging in such activities, and in lieu of any other fee, the City Revenue Collector, or other
agent of the city designated by the Mayor, shall charge a fee of Twenty-Five Dollars ($25.00)for
each registration required by this article. (Ord. No. 5-82, Sec. II-4)
4.24.13 Duration The registration provided for in this article shall be effective for the
shorter of the following periods of times:
A. From registration to the end of the period of time listed on the registration during
Owhich the legal entity anticipates engaging in such activities, or
B. From registration to the termination of the employment relationship of the
registered local supervisor or manager within the city so that a new registration is
required with each replacement of the local manager or supervisor of the entity's
operations in the city. (Ord. No. 5-82, Sec.H-5)
4.24.14 Identification It shall be unlawful for any person engaging in the activity of
residential door-to-door selling or soliciting to fail to identify himself by name,legal entity
represented,and purpose of call immediately, after normal greeting,upon contact with any
residential occupant, and such identification shall be given in all cases prior to entering into such
occupant's premises. (Ord. No. 5-82, Sec. II-6)
4.24.15 Soliciting on streets
A. Repeal of conflicting_ordinances Fund-raising and solicitation of donations on
city streets or rights-of-way within the city of Van Buren is prohibited and Ord.
No. 18-2009 is hereby repealed in its entirety. A11 other ordinances,resolutions,
or other act of the city in conflict with the terms hereof are hereby repealed to the
extent of any such conflict.
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B. Prohibited conduct No person shall walk upon, extend any device into or
otherwise encroach upon any public right-of-way within the corporate limits of
the city for the purpose of soliciting a contribution, offering a gift of any item or
offering the sale of any item to any pedestrian or occupant of any motor vehicle
being operated on such public right-of-way.
C. Penal Any person or entity violating any provision of this section upon
conviction therefore, shall be subject to a fine or penalty of not less than Fifty
Dollars ($50.00) and not more than Two Hundred Fifty Dollars ($250.00)per
occurrence.
D. Allowed conduct Nothing herein is intended to prohibit non-profit groups,youth
organizations, or like associations or entities from holding up signs for car
washes, cookie sales,etc. off the street or rights-of-way on public or private
sidewalks,and/or on private property. (Ord.No. 3-2014, Secs. 1-4.)
CHAPTER 4.28
TAX ON PRIVATE CLUES
Sections:
4.28.01 City tax levied
4.28.01 City tax levied All private clubs within the city serving alcoholic beverages
shall pay to the city a supplemental tax equal to one-half of the amount paid to the state.
Proceeds from this tax shall be deposited in the city's general fund.
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0
CHAPTER 4.32
TAXICAB SERVICES
Sections:
4.32.01 Definitions
4.32.02 Penalty; revocation of permit
4.32.03 Daily records
4.32.04 Annual report
4.32.05 Identification of vehicle
4.32.06 Condition of vehicle
4.32.07 Fares generally
4.32.08 Quotation of fare
4.32.09 Signs
4.32.10 Receipt for fare
4.32.11 Alternate route; extra fare
4.32.12 Required
4.32.13 Application
4.32.14 Hearing
4.32.15 Insurance
4.32.16 Surety bond
4.32.17 Transfer
4.32.18 Privilege license tax and permit fee
4.32.19 Minimum age
4.32.20 Permit required
4.32.21 Application for permit
4.32.22 Issuance; denial
4.32.23 Renewal
4.32.24 Cancellation
4.32.25 Razorback Cab Company
4.32.01 Definitions For the purposes of this article,the following words and phrases
shall have the meanings respectively ascribed to them:
Driver shall mean any person who actually drives a taxicab whether for himself as the
operator or as an employee of the operator thereof.
Operator shall mean any person who makes use of and employs taxicabs in a business
for profit,whether or not such person actually owns the taxicab so employed;provided,that the
term does not include a driver who pays a consideration to a taxicab operator for the furnishing
of common business facilities for more than one (1) driver.
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Taxicab shall mean a motor-driven vehicle having a seating capacity not in excess of
seven(7)passengers used for the transportation of persons for hire,provided,the term does not
include a vehicle have a seating capacity in excess of seven(7)passengers employed in
transporting persons over a regular schedule of operation. Furthermore,the term shall not
include any private or publicly operated bus or mini bus transportation system. (Ord.No. 24-01,
Sec. 1.)
4 32 02 Penalty' revocation of permit The failure to comply with any requirement
contained in this section for any person, operator or driver or the doing o convicted y person,
operator or driver prohibited herein is declared to be unlawful, and any person of such
unlawful act shall be deemed guilty of a misdemeanor. In addition to the penalty provided for
misdemeanors,the commission of any act prohibited by this section, or the failure to comply
with any of the requirements of this section or the supplying of any false information to the city
with reference to this section by an operator or by an applicant for an operator's permit shall be
grounds for the Council to withdraw and cancel the permit of such operator or to deny a permit
to such applicant, and the commission of any act prohibited by this sot false information to
r the failure to
comply with any of the requirements of this section or the supplying y
the city with reference to this section by a driver or by an applicant for a driver's certificate shall
be grounds for the City Clerk to revoke the driver's certificate of any driver or to deny a
certificate or renewal of certificate to such applicant. (Ord.No. 24-01, Sec. 1.)
4 32 03 Daily records
A. Every operator of a taxicab shall prepare and-maintain a permanent daily record
with reference to his business operation which shall contain the following
information:
i. A complete list of all vehicles used in the business.
2. The names of the owners of such vehicles if not owned by the operator
and a description of the ownership arrangement with reference to such
vehicle.
3. A description of the vehicles,including each vehicle's make,model,
seating capacity,motor and serial number and assigned cab number.
4. The name and address of each driver employed by such operator and the
hours each driver operated each vehicle.
B. Such daily records shall be maintained by each operator at its permanent place of
business for inspection by the public,including any agents or officers of the city.
(Ord.No. 24-01, Sec. 1.)
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4.32.04 Annual report Within ten(10) days before or after the first day of Januaryand
the first day of July of each year, each operator shall deliver to the City Clerk of the city a sworn
statement containing the following information:
A. Operator's business or trade name.
B. Operator's correct legal entity and, if a corporation,the names, addresses and
interests of the stockholders in the corporation and the names and addresses of the
executive officers of the corporation.
C. Operator's business address and telephone number.
D. A list of vehicles used by the operator during the preceding six(6)months period
(a complied list of the daily permanent record may be submitted as compliance
with the requirement of this subsection).
E. A list of all cab drivers with their driver's license number for the preceding six (6)
months. (Ord.No. 24-01, Sec. 1.)
4.32.05 Identification of vehicle Each and every operator of a taxicab shall cause the
trade or business name of the taxicab operator and a taxicab number, consisting of no more than
two (2)numerals, to be shown on each side and the rear of each taxicab in contrasting colors and
in letters and numerals not less than four(4) inches in height each. (Ord.No. 24-01, Sec. 1.)
4.32.06 Condition of vehicle No operator shall operate and no driver shall drive a
taxicab which is in an unsanitary condition or is mechanically unsafe, The Mayor, or his
designated agent, is hereby authorized to order any operator and/or driver to immediately
discontinue the use of any vehicle as a taxicab until specific, designated unsanitary conditions
have been remedied and/or until such vehicle is in sufficient mechanical condition to be
successfully reinstated. The provisions of the preceding sentence shall be in addition to any
other penalty or remedy provided for in this section. (Ord.No. 24-01, Sec. 1.)
4.32.07 Fares generally The fares which shall be charged by taxicab operators and
drivers within the city shall be established by the City Council from time to time and kept on file
in the office of the City Clerk. (Ord.No. 24-01, Sec. 1.)
4.32.08 Quotation of fare In every instance of pickup of passenger for delivery the
driver shall immediately after pickup determine and quote to the passenger the fare for the
service. Upon request by any passenger, each driver shall request from the dispatcher a
confirmation of the fare to be charged, if the taxicab operator utilizes a dispatcher and two-way -
radio communication. (Ord.No. 24-01, Sec. 1.)
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4.32.09 Signs
A. Each operator and each driver shall cause the following signs and information to
be maintained in each taxicab operated and driven:
l. A copy of the zone map in a size of at least fourteen(14) inches by twenty
(20)inches and a copy of the fares authorized to be charged shall be
maintained in each taxicab and shall be subject to inspection at the request
of any passenger.
2. A sign maintained on the interior portion of the vehicle in print easily
legible to a passenger entering the cab,which states the fares established
under this section.
3. A sign maintained on the interior portion of the vehicle in print of
sufficient size to be legible by the passengers which shall contain the
information set forth in item(a) and the language set forth in subsections
(b) and(c):
a. Driver's name,photograph and taxicab number;
b. Taxis are controlled by city ordinance;
C. Zone fare map;
d. Complaints or comments maybe directed to the City Clerk's
v office, 474-8936.
B. The driver is required to furnish requested information about fares. (Ord.No. 24-
01, Sec. 1.)
4.32.10 Receipt for fare Upon request by any passenger, each driver shall furnish a
receipt showing the amount of fare charged,point of pickup and delivery and name of driver.
(Ord.No. 24-01, Sec. 1.)
4.32.11 Alternate route; extra fare In every instance that a passenger is to betaken to his
destination by a course of travel other than the most direct possible,the driver shall so advise the
passenger. The passenger shall then have the opportunity to not travel with the taxicab. Every
operator and driver shall be permitted to provide a special, direct service-in such instance, and
such operator shall charge therefore a fare of not more than,nor less than, fifty cents ($.50) in
addition to the regular fare provided herein. (Ord. No. 24-01, Sec. 1.)
4.32.12 Required No taxicab operator shall commence the activities of operating a
taxicab within the city until that person has applied for and been granted a permit for that
purpose by the City Council. (Ord.No. 24-01, Sec. 1.)
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4.32.13 Application The City Council may grant permits for the operation of taxicabs in
the city upon written application. The application shall be verified by oath and shall contain the
following:
A. The name, address and correct legal entity of the person making application.
B. The proposed business address of the applicant.
C. A statement of facts showing applicant's qualifications to render the service of
operating a taxicab together with the facts which he considers to justify-and
require the rendering to the public of such service.
D. A statement that the applicant will comply with all provisions of this article and
with all other city ordinances and laws of the state regulating taxicabs.
(Ord.No. 24-01, Sec. 1.)
4.32.14 Hearing The City Council shall hold a public hearing on the application for a
permit required by the provisions of this section, shall cause a notice of such public hearing to be
published in a newspaper having general circulation in the city at least one(1)time at least seven
(7) days prior to the date of such public hearing and shall cause a written notice of such hearing
to be given to all taxicab operators holding permits from the city. After such public hearing,the
City Council, in its discretion, shall determine whether the public convenience and necessity
requires the granting of the application. (Ord.No. 24-01, Sec. 1.)
4.32.15 Insurance
A. Before commencing to operate a taxicab, every operator shall deposit with the
City Clerk a policy of liability insurance, or a certificate of insurance,issued by a
responsible insurance company duly licensed to transact such business in the
.state, such insurance to be in amounts as required by A.C.A. 27-22-104. Such
policy shall provide that it may not be cancelled without first giving the City
Clerk ten(10) days written notice.
B. In lieu of such policy of insurance, such owner may file a bond,in a form
approved by the City Attorney,to be signed by a corporate surety company
licensed to do business in this state which bond shall be conditioned for the
payment of property damage and personal injuries in the same manner and to the
same extent as herein provided in the case of filing an insurance policy.
C. Alternatively, in lieu of a policy of insurance or such bond, such owner may
provide proof of self-insurance, for both property damage and bodily injury, as
�� -71-
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authorized by A.C.A. 27-19-107. Such proof shall consist of certification as self-
insured by the appropriate department of the state. (Ord. No. 24-01, Sec. 1.)
4.32.16 Surgt
y bond No permit to operate a taxicab shall be issued by the City Council
until the applicant for permit files with the City Clerk a bond signed by a corporate surety
authorized to do business in the state, in a form approved by the City Attorney,in the amount of
Five Thousand Dollars ($5,000.00)conditioned upon such applicant for permit establishing,
maintaining and continuing the proposed service until such time as the permit issued to applicant
is cancelled,withdrawn or has expired. If the applicant fails to comply with the provisions of the
bond,the city shall forfeit the bond as compensation to the city for loss of applicant's service.
(Ord.No. 24-01, Sec. 1.)
4.32.17 Transfer No permit issued under the provisions of this section shall be sold,
transferred, assigned, leased or otherwise disposed of without the consent of the City Council.
(Ord.No. 24-01, Sec. 1.)
4.32.18 Privilege license tax and permit fee
A. Each taxicab operator shall pay a privilege license tax and permit fee to the city,
in lieu of any other occupation license tax imposed by this code, for each taxicab
employed and used by the operator during any calendar year according to the
following schedule:
1. First taxicab,per year $75.00
2. Second taxicab,per year $50.00
3. Third and subsequent taxicabs,per year $25.00
B. The privilege license tax and permit fee provided for herein shall be due and
payable on the first day of January of each calendar year and shall be past due if
not paid by January fifteenth of such calendar year and a penalty in the amount of
ten(10)percent of the tax due shall be assessed for any payment made after
January fifteenth. The payment of the privilege license tax and permit fee shall be
based on the number of taxicabs employed and used by the operator on January
first of each calendar year. No operator shall add an additional taxicab to the total
number for which a privilege license tax and permit fee has been paid until the
operator shall have paid for such additional taxicab a privilege license tax and
permit fee in the amount of a pro rata portion of the fee and tax established by
subsection(A) above according to.the number of months, or parts thereof,
remaining in the calendar year at the time of application. (Ord.No. 24-01, Sec.
1.)
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O4.32.19 Minimum age It shall be unlawful for any person under twenty-one(21)years
of age to drive or operate a taxicab upon the public streets, alleys or other public ways of the
city; and it shall be unlawful for any person to employ,hire or permit a person who is less than
twenty-one(21)years of age to so drive or operate a taxicab. (Ord.No. 24-01, Sec. 1.)
4.32.20 Permit required No person shall drive a taxicab for any taxicab operator who
does not have a valid, current permit from the City Council for that purpose. (Ord.No. 24-01,
Sec. 1.)
4.32.21 Application for permit
A. An application for a pen-nit shall be submitted in writing to the City Clerk, on
forms provided by the City Clerk for that purpose, for a taxicab driver's
certificate.
B. Such application shall contain the applicant's name, age and address, and the
applicant shall furnish to the City Clerk his fingerprints, one (1)print of a
photograph of the applicant and proof of a current, chauffeur's license issued by
the state. (Ord. No. 24-01, Sec. 1.)
4.32.22 Issuance, denial The City Clerk shall issue a taxicab permit to such driver
within five (5) days or notify the applicant by telephone or in writing that such permit will not be
issued and the reasons therefore. (Ord.No. 24-01, Sec. 1.)
4.32.23 Renewal Each driver shall obtain a renewal of the driver's permit from the City
Clerk's office on or before the fifteenth day of January of each calendar year,which renewal
certificate shall be valid until January fifteenth of the following calendar year. As part of the
renewal procedure, such person shall submit written evidence of passage of an eyesight
examination by the state police department within thirty(30) days prior to the date of application
for renewal. (Ord.No. 24-01, Sec. 1.)
4.32.24 Cancellation An issued taxicab driver's permit shall be automatically cancelled
in the event that his chauffeur's license issued by the state is for any reason revoked, cancelled or
otherwise discontinued. (Ord.No. 24-01, Sec. 1.)
4.32.25 Razorback Cab Company
A. The Council finds that the public convenience and necessity requires the granting
of a permit for Razorback Cab of Fort Smith,Inc. to operate within the city limits
of the city of Van Buren; and
B. All permitting fees should be, and hereby are waived.
C. That the requirement of a surety bond should be, and hereby is,waived.
(Ord.No. 18-2004, Secs. 1-2.)
�� 71.2
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E CHAPTER 4.36
AMBULANCE SERVICE
Sections:
4.36.01 Franchise granted
4.36.02 Department of Health
4.36.03 Franchise extended
4.36.01 Franchise granted The City Council hereby selects Southwest EMS of Mena and
grants an exclusive franchise for emergency and non-emergency operation, subject to the terms
and conditions of the attached contract, which is to be negotiated by the Mayor, ambulance
committee, and the City Attorney (Ord. No. 2011-27, Sec. 1.)
4.36.02 Department of Health The revocation, suspension, or expiration of any permit,
license, or certification issued by the Department of Health to Southwest EMS of Mena shall
result in automatic revocation of the franchise. (Ord. No. 2011-27, Sec. 2.)
4.36.03 Franchise extended The City Council hereby extends the contract with
Southwest EMS for an exclusive franchise for emergency and non-emergency operation, subject
to the terms and conditions of the initial contract, a copy of which is attached hereto, and which
is hereby made a part of this Ordinance, for a three-year period beginning January 1, 2021 and
ending December 31, 2023. (Ord. No. 2020-26, Sec. 1)
1. The Mayor is hereby authorized and directed to execute any documents necessary
to effectuate the purposes set out herein. (Ord. No. 2020-26, Sec. 2)
CHAPTER 4.40
VAN BUREN FARMERS' MARKET
Sections:
4.40.01 Established
4.40.02 Dates
4.40.03 Goods
4.40.04 Vendors exempt
4.40.05 MSM
4.40.06 Measurements
4.40.07 Cleanup
4.40.08 Toilet facilities
4.40.09 Parking
71.3
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J 4.40.01 Established The Van Buren Farmers Market shall be organized and managed by
the Van Buren Main Street Market (herein referred to as MSM). The "Farmers Market Growers
Association" shall no longer be responsible for. Or provide management of the Van Buren
Farmers Market. (Ord. No. 2019-03, Sec. 1.)
4.40.02 Dates The Farmers' Market established hereto may be opened beginning no
earlier than April 1 through December 31 every Saturday. The market may be opened one
additional weekday, subject to City Council approval, and subject to the availability of goods.
The additional weekday request must be submitted to the Mayor's office at least thirty(30) days
prior to the proposed farmers' market opening date. This market shall open no earlier than 6:00
a.m. and shall close no later than 1:00 p.m during the permissible dates. (Ord. No. 9-2012, Sec.
2.)
4.40.03 Goods The following goods are hereby authorized to be sold at the MSM:
A. fruits, vegetables, field crops;
B. meat from locally raised and processed farm animals;
C. plants, flowers (fresh&dried), herbs, tree and garden related items;
D. honey, eggs, nuts, baked goods,jams &jellies, candy, fruit butters, cheese and
other dairy products;
E. condiments, and
F. handmade crafts.
All products sold at the market must be produced in compliance with all applicable
regulations of the U.S. Department of Health, U.S. Department of Agriculture, and any like
agencies of the State of Arkansas. All crafts will be reviewed and approved by the MSM before
they are allowed to be offered at the marketplace. Only original handcrafted items shall be
displayed and offered for sale at the marketplace. The MSM shall have the right to accept or
reject vendors and products based on criteria established by the MSM. (Ord. No. 2019-03, Sec.
3.)
4.40.04 Vendors exempt Individual vendors selling permitted items at the Farmers'
Market shall be exempt from obtaining a business privilege license and a mobile vending permit
from the city of Van Buren. Vendors shall however be required to comply with any federal,
state, county, or city statutes or ordinances otherwise applicable, including but not limited to
those relating to sales tax, sanitation, or food manufacturing or sales. (Ord. No. 9-2012, Sec. 4.)
4.40.05 MSM The MSM shall establish, adopt, and enforce rules and regulations it
deems appropriate relative to the operation of the market; and shall promptly remove or cause to
be removed any person who is disorderly, or who refuses to obey any rules or regulation relating
the management or conduct of the market. (Ord. No. 2019-03, Sec. 4.)
4.40.06 Measurements Every person who shall offer for sale, at the Farmers' Market
71.4
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O any article by weight or measure shall have all scales, weights and measures properly examined,
tested, stamped, and sealed, in accordance with state law. (Ord. No. 14-2008, Sec. 6.)
4.40.07 Cleanup At the end of each market day, each vendor shall be required to leave
the marketplace in a clean and sanitary condition, free from waste, debris and insects. (Ord. No.
14-2008, Sec. 7.)
4.40.08 Toilet facilities The Farmers' Market Growers Association shall make
conveniently located toilet facilities available for market vendors. A signed letter from the
property or business owner granting the market vendors access to toilet facilities shall be
submitted annually to the Van Buren Code Enforcement Officials. (Ord. No. 9-2012, Sec. 8.)
4.40.09 Parking Parking is prohibited to anyone other than the holder of the marketplace
spaces, as assigned by the MSM or its designee, and as allowed by the Mayor's Office at the
locations and on the days and times established by Section 2 herein. Removal of an unauthorized
vehicle by police impoundment is to be upon complaint of a city official or the MSM Market or
its designee, and shall be enforceable beginning one hour prior to opening of the market on the
days established by Section 2 herein. (Ord.No. 2019-03, Sec. 5.)
CHAPTER 4.44
VANTAGE TELECOM FRANCHISE
Sections:
4.44.01 Established
4.44.02 In lieu payment
4.44.03 Use of public ways
4.44.01 Established Vantage Telecom LLC d/b/a Newroads Telecom LLC which is
conducting or carrying on business in the City of Van Buren, Arkansas, shall pay a franchise fee
of Three Thousand Dollars ($3,000.00)for each year or part thereof this Franchise is in effect.
The said amount will be paid by the Vantage Telecom LLC at the time of execution of this
franchise. The annual franchise fee shall be due by the tenth day of each subsequent annual
period.
4.44.02 In lieu payment Said Three Thousand Dollars ($3,000) shall be paid in lieu of
all other taxes, licenses, charges, fees or impositions except general or special ad valorem taxes
which might be lawfully imposed by the City.
4.44.03 Use of public was As an incident to the privilege hereby taxed the Vantage
Telecom LLC shall have the right to occupy present or future streets,highways, alleys, or other
public ways of the aforesaid municipality for the purpose of carrying on its said business, subject
to Ordinance 21-1973. (Ord. No. 19-2015, Sec. 1-3.)
O 71.5
CHAPTER 4.46 S-34
TEMPORARY REVOCABLE LICENSES WITHIN PUBLIC
EASEMENTS AND RIGHTS-OF-WAY
Sections:
4.46.01 Application Procedures
4.46.01 Application Procedures The following procedure will be followed with respect
to the consideration and application for a Temporary Revocable License within the City of Van
Buren:
A. Purpose The Planning Department will accept written applications for temporary
revocable licenses within the City for the purpose of allowing limited
development and improvements of real property, including, without limitation,
items such as temporary or portable buildings, flagpoles, light poles, fencing,
signs and landscaping, temporarily utilizing identified, limited portions of public
rights-of-way and public easements. The Mayor shall determine whether said
request warrants review by the City Council or should be denied pursuant to the
criteria and conditions set out herein. When referencing "Mayor" in this
Ordinance, "Mayor" includes his/her designated representative. Upon a
determination by the Mayor that the request warrants review by the City Council,
the request will first be reviewed by the Planning Commission. The Planning
Commission shall make a recommendation to the City Council and the request
will be placed on the City Council Agenda for the consideration of the request by
the Council.
B. Notice With reference to any application for temporary revocable license, the
Planning Department shall provide a written notice of the application and shall
allow the submission of information by all franchised utility companies and City
departments in advance of the administrative decision regarding submitting the
application to the City Council for review.
C. Description and Fee The application shall include information that adequately
describes the encroachment of the public rights-of-way or public easements.
Minimum information required include the following items:
i. The applicant's name, address and contact information
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ii. A written description of the encroachment and the reason for the request
including an explanation why the right-of-way or easement is needed.
iii. A metes and bounds legal description of the area for which the Temporary
Revocable License is requested.
iv. A hard copy and an electronic copy of the property survey depicting the
perimeter property lines and area for which the Temporary Revocable
License is requested with dimensions shown of the proposed
encroachment.
V. A dimensioned drawing showing elevations of any structure to be located
in the area for which the Temporary Revocable is requested.
vi. A non-refundable application fee of$250.00.
D. Evaluation Criteria In deciding whether to deny a temporary revocable license
request or submit the request to the City Council, the Mayor shall consider the
following: the impact on pedestrian and vehicular traffic; the impact on the City's
ability to access and maintain public utility easements and public rights-of-way;
the size and dimension of the structure or improvement; all federal, state and local
disability accessibility laws and regulations; the approval by all franchised utility
companies, the health, safety and welfare of the public, and all relevant
construction and fire codes. If the Mayor is satisfied after consideration of the
evaluation criteria and factors listed herein that the grant of a temporary revocable
license will further the public interest, the Mayor shall submit the request to the
City Council. Otherwise, the Mayor shall deny the application.
E. Conditions With reference to any issued temporary revocable license, the
following conditions shall apply. The City shall have no responsibility for the
maintenance of the licensed structure or improvements. If the structure or
improvements are damaged in any manner, same shall be removed by the licensee
at the licensee's sole cost and expense in a manner meeting the approval of the
Mayor. Upon 30 days' notice from the Mayor, for any reason determined by the
Mayor, the licensee shall remove the structure or improvements from the right-of-
way or public easement at the licensee's sole cost and expense and in a manner
meeting the approval of the Mayor. The licensee shall hold the City and
franchised utility companies harmless from and indemnify the City and franchise
utility companies from all expenses, losses, costs, causes of action and judgments,
71.7
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including legal expenses, arising from the placement and maintenance of said
improvements. Should any City department or any franchised utility company
require access to any existing right-of-way or public easement for any purpose,
said department or utility company shall have no duty to give prior notice to the
licensee and shall have no responsibility to protect or replace any structure or
improvements of the licensee that are within the right-of-way or public easement.
F. Denial/Submission to Planning Commission The Mayor may deny or submit the
request for temporary revocable license to the Planning Commission for a
recommendation and to the City Council for review after consideration of the
above factors. The Mayor shall give written notice of the decision to the applicant
and to any interested person who has made a written request for a notice of
decision on a specific application.
G. Description/Conditions A description of the improvement and shall include the
conditions listed in subsection (d) of this section.
H. Appeal The applicant may appeal the denial of the request to the City Council by
written request to the City Council made within thirty (30) days of the issuance of
the denial.
I. Acceptance of Terms The terms of the temporary revocable license shall be
deemed accepted by the licensee's initial or continued placement or maintenance
of the improvement at the licensed location.
J. Copy to be Filed The City Clerk shall file a copy of the Temporary Revocable
License bearing original signatures with the Circuit Clerk of Crawford County,
Arkansas.
K. Violation/Penalty It shall be unlawful for any person to begin the construction or
to cause the beginning of construction of any improvement within a public right-
of-way or public easement without first obtaining a temporary revocable license
from the City. Any person violating this ordinance will be given a ten-day notice
to quit. Notice is adequate if placed conspicuously within the right-of-way or
public easement If violation of the Ordinance continues after ten days of the
notice, any person determined to be guilty of violating the provisions of this
section shall be deemed guilty of a misdemeanor and, upon conviction, shall be
subject to the penalties provided by Section 1.32.01 of the Municipal Code of the
City of Van Buren. Nothing in this Ordinance affects the ability of the City of
Van Buren to remove any trespass from the City's right-of-way or public
( easement. (Ord. No. 2020-14, Sec. 1) 71.8
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'r
CHAPTER 4.48
SMALL WIRELESS FACILITIES
Sections:
4.48.01 Purpose
4.48.02 Intent
4.48.03 Zoning and Use of Rights of Way
4.48.04 Conflicts with Other Chapters
4.48.05 Conflicts with State and Federal Laws
4.48.06 Height, Location, and Design
4.48.07 Damage and Repair: Replacements, Abandonment, Removal
4.48.08 Collocation
4.48.09 Aesthetics
4.48.10 Signage
4.48.11 Illumination
4.48.12 Fencing
4.48.13 Use of Right of Ways/Indemnification
4.48.14 Permits and Applications
4.48.15 Non-Exclusive
4.48.16 Local Authority
(f n 4.48.17 Definitions
4.48.01 Purpose: The purpose of this Section is to provide policies and procedures for the
placement of small wireless facilities, which will provide a public benefit consistent with the
preservation of the integrity, safe usage, and visual qualities of the city and comply with
applicable state and federal laws,regulations and guidelines. (Ord. No. 2019-10, Sec. 1)
4.48.02 Intent In enacting this Chapter, the City is establishing uniform standards to
address issues presented by small wireless facilities, including without limitation:
a. Health, safety, and welfare of citizens;
b. Limit interference with the use of streets, sidewalks, alleys, parkways, public
utilities, public views, certain city corridors, and other public ways and places;
C. Limit the creation of visual and physical obstructions and other conditions that are
hazardous to vehicular and pedestrian traffic
d. Limit interference with the facilities and operations of facilities lawfully located
in rights-of-way or public property;
C. Limit environmental damage, including damage to trees;
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f. Respect the character of the neighborhoods in which facilities are installed by
minimization of visual clutter and preservation of the character and aesthetics of
areas in close proximity to small wireless communication facilities;
g. Facilitate the city's permitting process to encourage fair and meaningful
competition;
h. Encourage collocation of antenna on existing facilities; and
i. Facilitate deployment of small cell facilities to provide the benefits of advanced
wireless services to all citizens and organizations throughout the city.
Municipalities recognize the economic and social value of data connectivity and
desire to encourage wireless infrastructure investment by providing a fair and
predictable process for the deployment of small wireless facilities within the
public rights-of-way in a manner that is:
j. Safe;
k. Compatible with and complementary to the provision of services by the
municipality and others lawfully using the rights-of-way; and
1. Consistent with the aesthetic standards of the municipality. (Ord. No. 2019-10,
Sec. 1)
4.48.03 Zoning and use of rights of wayby wireless provider
a. A wireless provider shall have the right, as a permitted use not subject to zoning
review or approval, to collocate, maintain, modify, operate, and replace small
wireless facilities and to install, maintain, modify, and replace poles it owns or
manages or, with the permission of the owner, a third party's pole, associated with
a small wireless facility, along, across, upon, and under the right-of-way.
b. Small wireless facilities and associated poles shall be installed and maintained as
to not obstruct or hinder the usual travel or public safety of the right-of-way or the
usage of the right-of-way by utilities.
C. Therefore, applications to collocate a small wireless facility or install or modify
an associated utility pole in the rights-of-way shall be treated as a permitted use in
all districts within the City but are not exempt from the following local
regulations and review.
d. All wireless facilities not meeting the definition of a small wireless facility shall
be subject to applicable local zoning and development requirements. (Ord. No.
2019-10, Sec. 1)
�� 71.10
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4.48.04 Conflicts with Other Chapters. This Chapter supersedes all P
or Chapters arts of
P
Chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict. (Ord.
No. 2019-10, Sec. 1)
4.48.05 Conflicts with state and federal laws. In the event that applicable federal or state
laws or regulations conflict with the requirements of this Chapter, the Wireless Services Provider
shall comply with the requirements of this Chapter to the extent that its provisions are not
preempted by, or do not conflict with, applicable federal or state laws or regulations. (Ord. No.
2019-10, Sec. 1)
4.48.06 Height,Location, and Design
1. Location. While small cells facilities are permitted uses within all zoning districts
within the city, deployment of small cell facilities within the City is subject to the
standards set forth in this ordinance.
2. He_ight.
a. Each new or modified pole installed in the right-of-way for the purpose of
collocation of small wireless facilities shall not exceed the greater of:
i. Fifty feet(50') in height above ground level; or
ii. Ten percent (10%) taller than the tallest existing pole in place in
the same right-of-way as of September 1, 2019, within three
hundred feet(300') of the new or modified pole.
b. A new small wireless facility in the right-of-way shall not extend more
than ten percent (10%) above the existing structure on which it is located or
fifty feet (50') above ground level, whichever is greater.
C. A wireless provider shall have the right to collocate a wireless facility and
install, maintain, modify, and replace a pole that exceeds the height limits
required under subsection (a) of this section along, across, upon and under
the right-of-way, subject to this section and any applicable zoning
regulations.
3. Location and Design
a. A wireless provider shall not install a small wireless facility or pole in a
historic district without complying with the requirements of general
application for structures within the historic district.
71.11
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b. A wireless provider may replace decorative poles when necessary to
deploy a small wireless facility so long as the re p y ry g placement reasonably
conforms to the design of the original decorative pole. (Ord. No. 2019-10,
Sec. 2)
4.48.07 Damage and Repair: Replacements, Abandonment. Removal
a. Repairs
i. A wireless provider shall repair all damage to the right-of-way
directly caused by the activities of the wireless provider in the
right-of-way and return the right-of-way to its functional and
aesthetic equivalence before the damage under the competitively
neutral, reasonable requirements and specifications of the City.
ii. If the wireless provider fails to make repairs required by the City
within a reasonable time after written notice, the City may make
those repairs and charge the applicable party the actual and
reasonable documented cost, including overhead, of the repairs.
b. Replacementopgrade/Modification
i. A wireless provider is not required to replace or upgrade an
existing pole except for reasons of structural necessity or
compliance with applicable codes.
ii. A wireless provider may, with the permission of the pole owner,
replace or modify existing poles, but any such replacement or
modification shall substantially conform to the design aesthetics of
the pole being modified or replaced.
C. Abandonment
i. A wireless provider shall notify the City at least thirty (30) days
before the wireless provider's abandonment of a small wireless
facility.
ii. If the wireless provider fails to remove the abandoned small
wireless facility within ninety (90) days after the notice, the City
may undertake the removal and recover the actual and reasonable
documented cost, including overhead, of the removal from the
wireless provider, or its successors or assigns.
d. Removal
i. The City may order the removal of a small wireless facility or
associated pole in the right-of-way that violates Ark. Code. Ann.§§
23-17-505, § 23-17-506, or applicable codes.
71.12
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ii. The City shall provide written notice of the violation to the owner
of the small wireless facility at least thirty (30) days before
removal to afford the owner the opportunity to conduct repairs or
removal, or otherwise remedy the violation.
e. Risk to Public Safety
i. If the City determines that a wireless provider's activity in a right-
of-way under this subchapter creates an imminent risk to public
safety, the City may provide written notice to the wireless provider
and demand that the wireless provider address the risk.
ii. If the wireless provider fails to reasonably address the risk within
twenty-four (24) hours of the written notice, the City may take or
cause to be taken action to reasonably address the risk and charge
the wireless provider the reasonable documented cost of the
actions.
f. Restrictions
i. A wireless provider shall not collocate a small wireless facility or
install, modify, or replace a pole in the right-of-way that:
1. Materially interferes with the safe operation of traffic
(� control equipment;
2. Materially interferes with sight lines or clear zones for
transportation or pedestrians;
3. Materially interferes with compliance with the Americans
with Disabilities Act of 1990, Pub. L. No. 101-336, or
similar federal or state standards regarding pedestrian
access or movement; or
4. Fails to comply with applicable codes.
4.48.08 Collocation
a. This section applies to activities of a wireless provider collocating
small wireless facilities on authority poles in the City's right-of-way or in
a right-of-way controlled by the Arkansas Department of Transportation
located within the City.
b. Requirements
i. A person owning, managing, or controlling poles in the
71.13
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(^j City or state right-of-way shall not enter into an exclusive
�� arrangement with any person for the right to attach to the
poles.
ii. A person who purchases or otherwise acquires a pole in the
City or state right-of-way is subject to the requirements of
this section.
C. The City shall allow the collocation of small wireless facilities on
authority poles on nondiscriminatory terms and conditions using the
process in the "permits" section of this code.
d. The rates to collocate on authority poles is provided in the "rates
and fees" section of this code
e. Design Drawings/Descriptions
i. As part of an application to collocate a small wireless
facility on an authority pole, the wireless provider shall
submit make-ready design drawings and work descriptions
that enable the pole to support the requested collocation by
the wireless provider, including pole replacement if
necessary.
�J ii. The City may amend the make-ready design drawings and
work to comply with applicable codes before the issuance
of a permit to the extent reasonably necessary.
iii. The rates, fees, and terms and conditions for the make-
ready work to collocate on an authority pole shall be
nondiscriminatory, competitively neutral, and
commercially reasonable and shall comply with this
Chapter.
iv. The City shall not require more make-ready work than
required to meet applicable codes or industry standards nor
may the fees for make-ready work include costs related to
preexisting or prior damage or noncompliance.
f. Replacement
i. The City may require replacement of an authority pole only
if the collocation would make the authority pole
structurally unsound.
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ii. The City may require that the replaced authority pole have the
same functionality as the pole being replaced.
iii. If the authority pole is replaced, the City shall take ownership of
the new pole and operate authority fixtures on the pole.
g. Fees
i. Make-ready fees charged by the City may include the amount the
authority pays a professional engineer registered in Arkansas to
review the wireless provider's make-ready work plans.
ii. Fees for make-ready work shall not include any revenue or
contingency-based consultant's fees or expenses of any kind.
h. Perform/Authorize Within sixty (60) days of the receipt of the application
filed to collocate on a City pole, the City shall elect to:
i Perform the make-ready work necessary to enable the pole to
support the requested collocation by a wireless provider and
provide a good-faith estimate for the work, including pole
replacement, if necessary; or
ii. Authorize the wireless provider to perform the make ready work.
i. Completion/Make-Ready Work
i. The City shall complete make-ready work it elects to perform,
including any pole replacement, within sixty (60) days of written
acceptance of the good faith estimate of the applicant.
ii. If the City, electing to perform the make-ready work, has not
completed the work within sixty (60) days after the written
acceptance and deposit of the good faith estimate by the applicant,
the applicant may demand a return of any deposited funds and
proceed with the make-ready work as described in subsection (e)
of this section, using authorized, qualified contractors approved by
the City with the authorization not to be unreasonably withheld,
conditioned, or delayed.
j. Reservation of Space
i. The City or other applicable authority may reserve space on an
authority pole for future public safety or transportation uses in a
documented and approved plan in place at the time an application
�' is filed. 71.15
1 5-34
a. A reservation of space shall not preclude placement of a
pole or collocation of a small wireless facility..
b. If replacement of the City's pole is necessary to
accommodate the collocation of the small wireless facility
and the future use, the wireless provider shall pay for the
replacement of the authority pole and the replaced pole
shall accommodate future use. (Ord. No. 2019-10, Sec. 2)
4.48.09 Aesthetics
a. The aesthetic appearance of small wireless facilities and associated poles is
regulated by the City to ensure coordinated, adjusted, and harmonious
development, as provided in this section. The City may apply these requirements
to areas of the City in which coordinated, adjusted, and harmonious development
has been established through the use of overlay districts or historical districts.
b. These aesthetic standards shall adhere to the following requirements:
i. Reasonable, in that they are technically feasible and reasonably
directed to avoiding or remedying unsightly or out-of-character
deployments;
1 ii. No more burdensome than those applied to other types of utility
`-/ and communications infrastructure deployments;
iii. Objective and published at least ninety (90) days in advance of the
filing of an application under this Chapter;
iv. Any design or concealment measures are not considered a part of
the small wireless facility for purposes of the size parameters in the
definition of"small wireless facility"; and
V. The City may deny an application for not complying with aesthetic
requirements only if the City finds that the denial does not prohibit
or have the effect of prohibiting the provision of wireless service.
C. The Board of Zoning Adjustment may:
i. Hear appeals of the decision of the Administrative Officer in
respect to the enforcement and application of the aesthetic
standards, and may affirm or reverse, in whole or in part, the
decision of the administrative officer.
1. Decisions of the Administrative Officer shall be rendered to
the applicant in writing; and 71.16
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2. An appeal must be filed within ten (10) days of the written
decision of the Administrative Officer.
ii. Hear requests for variances from the literal provisions of the
aesthetic standards and grant the variances only when it is
necessary to avoid the prohibition of wireless service or otherwise
comply with the law.
d. Decisions of the Board in respect to this section shall be subject to appeal only to
a court of record having jurisdiction.
e. Equipment Enclosures:
i. To the extent technically feasible, if the support structure is a pole,
all radios and wireless communication equipment, except the
antenna, shall be enclosed within an equipment cabinet and
housed: at the base of the support structure, pole mounted (at a
height and placement that will not interfere with pedestrian,
cyclist, or vehicular movements), or below grade.
ii. Where underground utilities are required by the provisions of this
Code or other City adopted regulations or codes, ancillary
Q equipment related to the small wireless facility shall be placed in
an underground vault to the greatest extent possible.
f. Design: Consistent with the provisions of this section, a small wireless facility
shall be installed using the following design approaches to the extent reasonable
including without limitation the following:
i. For location on newly proposed Wireless Support Structures, the
following options are available:
1. New poles installed to support small wireless facilities shall
be made of the same or similar material as existing poles in
the immediate area.
2. In an area where other above ground utilities are present,
the deployment of a new small cell facility shall be located
on the same side of the street which the existing above
ground utilities are located and a similar style utility pole
(as those utilized by existing above ground utilities) may be
utilized.
3. In an area where the City has required all electrical and
71.17
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communication lines to be placed underground by a date
certain that is three (3) months before the submission of the
application or where undergrounding is required after small
wireless facilities have been installed, an explanation as to
why collocation or use of an existing structure, remaining
pole or replacement pole is not technically feasible shall be
required. This shall apply to the location of all pole
attached utilities and shall include demonstration of a
reasonable attempt to collocate or utilize an existing
structure. A wireless provider may install a new pole in the
designated area that otherwise complies with this section
when it is not able to provide wireless service by
collocating on an existing structure, remaining pole or
replacement pole.
4. When a wireless provider applies to install a new pole in
the right-of-way in an area zoned for residential use, the
City may propose an alternative location in the right-of-
way within one hundred feet (100') of the location stated in
the application, and the wireless provider shall use the
City's proposed alternative location unless the location
imposes technical limits or significant additional costs.
11 (i)The wireless provider shall certify that it has made
the determination in good faith, based on the
assessment of a licensed engineer, and the wireless
provider shall provide a written summary of the basis
for the determination.
5. Horizontal spacing for all new poles and ground-mounted
small wireless facilities shall be three hundred (300') feet,
but the requirements shall not prevent a wireless provider
from serving any location. Any request for an installation
less than three hundred (300') feet shall include a
certification from the wireless provider that it has made the
determination in good faith, based on the assessment of a
licensed engineer, and the wireless provider shall provide a
written summary of the basis for the determination.
6. The City prefers that new facilities be designed to be
camouflaged, including, but not limited to, use of
compatible building materials and colors, incorporation
within street lights, screening, landscaping, and placement
within trees.
�� 71.18
0
0
S-34
7. Camouflaging and stealth technology is preferred in all
residential areas and corridors that are currently developed
with underground utilities or have been developed with
steel or decorative poles.
8. Except as permitted by the City, no person shall install a
new pole within a right-of-way unless the pole is within ten
feet (10') feet of a side lot line and at least eighteen inches
(18") from the road surface. When compliance with this
requirement is not technically feasible, the new pole will be
installed in a location as close to the lot line as possible.
This requirement shall not apply when installing new poles
in a median between roadways or within a right-of-way
controlled by the Arkansas Department of Transportation.
i. For location on existing Pole Structures:
a) Stealth antennas and mounts (completely encased or
screened antennas, when possible, to approximately match
the color of the existing poles). In the event that some
antennas cannot be covered due to their operational
wavelength, the applicant shall provide proof of such to the
City and the antenna shall be required to be painted in a
way that blends with the pole.
b) Stealth base cabinet enclosures (completely encases base
cabinet equipment to match the colors of the existing poles
to the extent feasible). Base cabinet may be placed in any
location on the lower portion of the pole but may not
impede ADA accessibility of a sidewalk. The base cabinet
may also be placed underground.
c) The City shall not limit the collocation of small wireless
facilities by minimum horizontal separation distance
requirements from existing small wireless facilities, poles,
or wireless support structures.
ii. For location on existing Building Structures:
a) New steeple, extension to existing steeple, and replacement
steeple concealment structures,
b) Chimney concealment structures,
��., 71.19
0
S-34
c) Chimney pot concealment structures,
d) Rooftop facade extension concealment,
e) Rooftop cupola concealment,
f) Rooftop screen concealment,
g) Roof top pod concealment systems,
h) Building side grid concealment structures,
i) Building side screen concealment structures,
j) Rooftop or wall mounted lantern concealment structures.
k) Antenna arrays, cables, and other ancillary facilities used for
providing the wireless service shall not be obtrusive or noticeably
visible from adjacent properties or adjacent rights-of-way.
1) The color of the facility shall be compatible with that of the non-tower
support structure. To the extent any small wireless facilities extend
above the height of the vegetation buildings and utilities immediately
surrounding it, they shall be painted in a non-reflective light gray,
light blue, or other hue, which blends with the skyline and horizon.
m) Attachments which are ancillary to the antenna arrays mounted onto a
non-tower support structure shall not project greater than three (3)
feet, as measured horizontally, from the surface of the non-tower
support structure and shall be painted or screened with materials that
are a compatible color to the non-tower support structure. Cables that
travel along the exterior of a non-tower support structure shall be
closely connected to the structure creating a minimal appearance of
gaps or loose wires. When possible, visible cables should be in
conduit or otherwise covered in a material visually compatible in
color to the support structure.
n) The general design of a small wireless facility shall be compatible to
the streetscape and aesthetics of the surrounding area with respect to
street furniture and lights, building facade designs, and area character.
o) Other design elements which by industry standards are considered
stealth technology deployment may also be used.
71.20
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p) Within enacted overlay district stealth concealment is required except
when specifically identified by the applicant that such stealth
concealment results in a material reduction in the functionality of the
proposed small wireless facility. (Ord. No. 2019-10, Sec. 2)
4.48.10 Sig_nage The applicable provisions of the Van Buren Municipal Code regarding
signage shall apply to all small wireless facilities. (Ord. No. 2019-10, Sec. 2)
4.48.11 Illumination A small wireless facility shall not have lights on the facility unless
the lights are required by other laws and consistent with the requirements of law or designed as
an intended amenity of the support structure. (Ord. No. 2019-10, Sec. 2)
4.48.12 Fencing A small wireless facility installed in the public right-of-way shall not be
fenced. (Ord. No. 2019-10, Sec. 2)
4.48.13 Use of Right-of-Way and Indemnification
a. The wireless provider shall fully indemnify and hold harmless the City
and its officers, agents and employees against any claims, demands,
damages, lawsuits,judgments, costs, liens, losses, expenses, and attorney's
fees resulting from the installation, construction repair, replacement,
l operation, or maintenance of poles, small wireless facilities, or
attachments to City poles to the extent directly caused by the negligence of
the wireless provider, its contractors, subcontractors and their officers,
employees or agents.
b. A permit from the City shall not create a property right or grant any
authority to the owner of the small wireless facility to impinge upon the
rights of others who may already have an interest in the right-of-way.
(Ord. No. 2019-10, Sec. 2)
*Appendix to Section 6. Attached to this Ordinance as an Appendix to this
Section are illustrations to provide guidance to applicants of aesthetic
standards encouraged and preferred by the city in the installation of small
wireless facilities and associated poles.
4.48.14 Permit and Application A permit is required for the placement and
construction of a small wireless facility. Approval of a permit shall require an application.
1. Contents of Application. The small wireless facility permit application shall be
made by the Wireless Services Provider or an authorized agent. A permit
application shall contain the following:
71.21
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a. The applicant's name address telephone number and e-mail
PP P address;
b. The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the Applicant with respect to the
filing of the Application;
C. A general description of the proposed work. The scope and detail of such
description shall be appropriate to the nature and character of the work to
be performed, with special emphasis on those matters, including but not
limited to sub-surface utilities, likely to be affected or impacted by the
work proposed;
d. Authorization for any consultant acting on behalf of the Applicant to
speak with the city, or a designee of the city;
e. Verification from an appropriate professional that the small wireless
facilities shall comply with all applicable codes;
f. Drawings and descriptions of the proposed facilities, non-tower support
structures, and ancillary equipment;
g. Maps with the specific locations;
h. Geographic coordinates of the locations;
i. If the proposed location is a new pole, an explanation as to why
collocation or use of an existing structure is not technically feasible. This
shall apply to the location of all pole attached utilities and shall include
demonstration of a reasonable attempt to collocate or use an existing
structure, remaining pole or replacement pole;
j. If the applicant proposes to collocate on, or occupy any existing structure
not owned by the applicant, a letter or written statement from the owner
allowing the use; and
k. A description and substantiation of any requests for exceptions from the
requirements of this Section.
2. Batch Applications. The city may require the applicant to file a separate
application for any small wireless facility that is not of a substantially similar
design to the others included in the application, or if submitted in a batch, the
application must be sufficiently clear so that the City may determine whether one
or more of the proposed facilities is not of a substantially similar design.
71.22
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3. Bond. The city may require the applicant to post a bond as required for any open
cut, sidewalk, curb and gutter or other public right of way work as set forth in the
Van Buren Municipal Code Section§ 9.16.04.
4. Routine Maintenance and Replacement.
a. An application shall not be required for:
i. routine maintenance that does not expand the size or height of the
small wireless facility; and
ii. the replacement of a small wireless facility with another small
wireless facility that is substantially similar or smaller in size,
weight, and height.
b. Provided, however, on a location where the City or another provider has
placed equipment or facilities, any routine maintenance or replacement
that is done shall not occur until written notice of an intent to proceed is
provided to the City.
5. Review Procedure:
( a. The Planning Director shall review the application for compliance with
these and other applicable laws and regulations. Review and approval
shall be in accordance with timeframes established by federal and state
law/policy and the following:
i. All applications shall be processed on a nondiscriminatory basis
within:
a. Sixty (60) days of receipt of an application for the
collocation of a small wireless facility; and
b. Ninety (90) days for an application to install, modify, or
replace a pole on which a small wireless facility is or will
be collocated.
ii. Within ten (10) days of receiving an application, the Planning
Director shall determine and notify the applicant in writing:
a. Whether the application is complete; or
b. If the application is incomplete, what specific information
is missing.
iii. If the application is incomplete, the applicant shall be allowed to
71.23
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�} resubmit the amended application without penalty or payment of
any additional application fees,if resubmission occurs within thirty
(30) days of notification.
iv. The time frame for reviewing shall commence when the
application is submitted but may be tolled upon notification of
incompleteness. If the application is incomplete, the applicable
time frame for reviewing is reset when the missing information is
provided by the applicant.
V. Once the application is determined to be complete, the Planning
Director shall review the application and if the application meets
the requirements and standards set forth in this section the
application shall be granted and a permit issued.
vi. If the applicant is requesting an exception to any requirement, the
standard of review shall be to determine if the exception is
warranted due to an identifiable site-specific hardship or a
technological challenge, and more specifically if the excepted
requirement is:
a) Not necessary or desirable for the protection of the
surrounding property, public health, public safety, or
general welfare; or
b) Unreasonable as applied to the particular application.
vii. The Planning Director may approve some or all of the requested exception
and advise the applicant in writing of the extent of approval and/or reasons
for denial.
a) If the applicant believes the decision of the Planning
Director to be in error, an appeal may be made to the Van
Buren Board of Zoning Adjustments.
b) If the applicant accepts the decision of the Planning
Director the application shall proceed with review and
approval/denial.
viii. The Planning Director shall have the authority to defer an exception
request to the Board of Zoning Adjustment. The Board of Zoning
Adjustment shall act upon the request in a timely manner. If the decision
of the Board of Zoning Adjustment is in the affirmative, the permit shall
be approved, provided all other review requirements are met. If not, the
=�� 71.24
S-34
application shall be referred to the Planning Director for continued review.
ix. If the Board of Zoning Adjustment denies any or all of the requested
exception, the applicant may appeal the decision to a court of jurisdiction
in accordance with state law.
X. The Planning Director or designee shall notify the applicant in writing of
its final decision:
1. Within sixty (60) days of receiving an application for the
collocation of a small wireless facility; using an existing structure.
2. Within ninety (90) days for an application to collocate a small
wireless facility on a new structure.
i. These timelines may be tolled only by mutual agreement
between the applicant and the City.
3. If the application is approved, a permit shall be issued;
4. If the application is denied, the Planning Director shall specify, in
writing, the basis for denial, citing specific code provisions from
federal, state, or local law as to why the application was denied.
5. Notwithstanding the initial denial, the applicant may cure any
deficiencies identified by the Planning Director within thirty (30)
days of the denial without paying an additional application fee.
The Planning Director shall approve or deny the revised
application within thirty (30) days of receipt of the amended
application and its review shall be limited to the deficiencies
specified in the original notice of denial.
6. If a decision on an application is not made within the applicable
time frame, the application shall be deemed approved ten (10) days
after written notice is provided y the applicant to the City that the
time-period for acting on the application has lapsed.
xi. If after commencement of construction but before construction is complete
for an approved permit, circumstances unforeseen at the time of approval
arise which make continued construction unsafe or impracticable, the
applicant may request an amendment to the application or plan by filing a
request to amend the approved application. The applicant shall cease
work, and the procedure for the amendment request shall proceed in the
same manner as if it were a new application under this section. There is no
71.25
application fee for an amendment request. S-34
xii. Prohibitions and Work Requirements:
1. Within sixty (60) days of written notice, the owner of the small
wireless facility shall:
a. Remove all graffiti on the facility at his or her expense; and
b. Repair or replace any damaged equipment.
2. Facilities located in the public right-of-way shall not materially
visually obstruct traffic signals or signage and shall be maintained
in a manner that does not materially interfere with public safety
equipment.
3. The owner shall employ due care during the installation,
maintenance or any other work in the ROW, and shall comply with
all safety and Public ROW protection requirements of all
applicable local, state, and federal laws. The owner shall restore,
repair and/or replace any portion of the public improvements in the
ROW that are damaged or disturbed by the owner's work or small
wireless facilities.
4. Unless otherwise specified in the permit, the owner shall erect a
barrier around the perimeter of any excavation and provide
appropriate traffic control devices, signs and lights to protect, warn
and guide the public (vehicular and pedestrian) through the work
zone. The manner and use of these devices shall be described
within a traffic control plan in accordance with the Uniform
Manual of Traffic Control Devices. The owner shall maintain all
barriers and other traffic control and safety devices related to an
open excavation until the excavation is restored to a safe condition
or as otherwise directed by the city.
S. If use of the right-of-way on which the Small Wireless Facility is
located is necessary for a construction or improvement project
undertaken by the City of Van Buren or on its behalf, the Small
Wireless Facility shall be relocated. Notice of such relocation shall
be provided by the City as soon practicable and at least ninety (90)
days before the deadline for completing the relocation. The City
shall not bear any expense of any necessary relocation.
71.26
6. A small wireless facility shall not interfere with City and public
safety communication systems and shall comply with all FCC
regulations governing interference.
7. A guy wire or other support wire shall not be used in connection
with an antenna, antenna array, or a non-tower support structure
except when used to anchor the antenna, antenna array, or non-
tower support structure to an existing building or ground to which
such antenna, antenna array, or non-tower support structure is
attached.
8. The owner of a small wireless facility that is not in service or use
for more than six (6) months shall disassemble and remove the
facility.
xiii. Fees and rates:
1. For the co-location of a small wireless facility on an existing pole
or structure: One Hundred Dollars ($100.00) non-recurring
application fee.
a. Additionally, except as described in Ark. Code Ann. § 23-
17-510(e), a wireless provider shall pay the City
compensation for use of the right-of-way, an annual rate of
thirty dollars ($30.00) per small wireless facility. The
annual rate shall be paid to the City by January 31st of the
following year.
b. A wireless provider shall pay the City compensation for
collocation of small wireless facilities on City poles an
annual rate of Two Hundred and Forty Dollars ($240.00)
for each City pole.
2. For the installation of a small wireless facility and a pole: Two
Hundred Fifty Dollars ($250.00) for the installation, modification,
or replacement of a pole together with the collocation of an
associated small wireless facility in the right-of-way.
a. Additionally, except as described in Ark. Code. Ann. § 23-
17-510(e), a wireless provider shall pay the City
compensation for use of the right-of-way, an annual rate of
thirty dollars ($30.00) per small wireless facility. The
annual rate shall be paid to the City by January 31st of the
following year.
71.27
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O2. If the application is for multiple facilities, the fee is One Hundred
Dollars ($100.00) (non-recurring application fee) for each
additional facility.
3. Exceptions:
a. A wireless provider is not required to pay an authority
compensation for micro-wireless facilities that are
suspended on cables strung between existing utility poles in
the right-of-way as long as the wireless provider
compensates the authority through other licenses or
franchises held directly or through one (1) of the wireless
provider's affiliates for the placement of the suspension
cables in the right-of-way. (Ord. No. 2019-10, Sec. 3)
4.48.15 Non-Exclusive The City shall not enter into an exclusive arrangement with a
person for use of the right-of-way for the collocation of small wireless facilities or the
installation, operation, marketing, modification, maintenance, or replacement of poles for the
collocation. (Ord.No. 2019-10, Sec. 4)
4.48.16 Local Authority
1. Exercise of Zoning Authority. Subject to the provisions of the Small} Wireless Facility Deployment Act codified at Ark. Code Ann. § 23-17-501
et seq. and applicable federal law, the City may continue to exercise
zoning, land use, planning, and permitting authority within its territorial
boundaries with respect to wireless support structures, including the
enforcement of applicable codes.
2. Interior Installations. The City shall not have or exercise any jurisdiction
or authority over the design, engineering, construction, installation, or
operation of a small wireless facility located in an interior structure or
upon the site of a campus, stadium, or athletic facility not owned or
controlled by the City, other than to require compliance with applicable
codes. (Ord. No. 2019-10, Sec. 5)
*Appendix Examples of stealth building attachments. (Ord. No. 2019-10, Sec. 6)
4.48.17 Definitions
"Affiliate" means an entity that directly or indirectly controls, is controlled by, or is
under common control with another party;
"Antenna" means communications equipment that transmits or receives an
electromagnetic radio frequency signal in the provision of wireless service;
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01) "Antenna equipment" means equipment, switches, wiring, cabling, power sources,
shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna,
and when collocated on a structure is mounted or installed at the same time as the antenna.
"Antenna equipment" does not include:
(i) The structure or improvements on, under, or within which the equipment
is collocated; or
(ii) Wireline backhaul facilities, coaxial or fiber optic cable that is between
structures, or coaxial or fiber optic cable that is otherwise not immediately
adjacent to or directly associated with an antenna;
"Antenna facility" means an antenna and associated antenna equipment;
"Applicable codes" means uniform electrical reliability, building, fire, electrical,
plumbing, or mechanical codes, as adopted by a recognized national code organization, or local
amendments to the codes that are of general application, or local ordinances that are of general
application, that address public health, safety, or welfare and are consistent with this subchapter;
"Applicant" means a person who submits an application as or on behalf of a wireless
provider;
"Application" means a request submitted by an applicant to an authority for a permit:
(A) To collocate small wireless facilities; or
(B) To install,modify, or replace a pole on which a small wireless facility is or
will be collocated, in the right-of-way;
"Authority" means the City.
"Authority pole" means a pole owned, managed, or operated by or on behalf of an
authority;
"Collocate" or "collocate on" means the placement; mounting, replacement, or
modification of a small wireless facility on, or of ground-mounted antenna equipment adjacent
to, a structure.
"Collocate" or "collocate on" includes collocated ground-mounted antenna equipment
as a small wireless facility if it meets the requirements of Ark. Code. Ann § 23-17-
503(25)(A)(iii) -(vi) and the associated facilities on the adjacent structure meet the
requirements of Ark. Code Ann.§ 23-17-503(25)(i)-(vi);
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"Collocation," Collocation is defined as placing an antenna on any existing structure,
regardless of whether that structure already has wireless equipment on it, or whether it
has been zoned for placing that equipment.
"Communications service" means:
(A) A cable service, as defined in 47 U.S.C. § 522(6), as it existed on January 1, 2019;
(B) A telecommunications service, as defined in 47 U.S.C. § 153(53), as it existed on
January 1, 2019;
(C) An information service, as defined in 47 U.S.C. § 153(24), as it existed on
January I, 2019; or
(D) Wireless service;
"Communications service provider" means:
(A) A cable operator, as defined in 47 U.S.C. § 522(5), as it existed on January 1,
2019;
(B) A provider of information service, as defined in 47 U.S.C. § 153(24), as it existed
on January 1, 2019;
(C) A telecommunications carrier, as defined in 47 U.S.C. § 153(51); or
(D) A wireless provider;
"Control" means the direct or indirect:
(A) Ownership of at least fifty percent (50%) of the equity;
(B) Ability to direct at least fifty percent (50%) of voting power; or
(C) Ability otherwise to direct management policies;
"Controlled-access facility" means a highway or street described in Ark. Code Ann. §
27-68- 102;
"Decorative pole" means an authority pole that is specifically designed and placed for
aesthetic purposes and on which limited appurtenances or attachments, such as a small wireless
facility, lighting, specially designed informational or directional signage, or temporary holiday or
special event attachments, have been placed or are permitted to be placed according to
nondiscriminatory City rules or codes;
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"Day" Calendar day unless there is a time frame for the City to respond to a request and
the last day to respond ends on a weekend, holiday, or time when all but City emergency services
are closed due to weather or some unforeseen situation.
"Facility" means an antenna facility or a structure that is used for the provision of
wireless service;
"Fee" means a one-time, nonrecurring charge;
"Historic district" means a group of buildings, properties, or sites that are either:
(A) Listed in the National Register of Historic Places or formally determined eligible
for listing by the Keeper of the National Register of Historic Places, according to
Section VI.D.l.a.i-v of the Nationwide Programmatic Agreement Regarding the
Section 106 National Historic Preservation Act Review Process, 47 C.F.R. Part 1,
Appendix C, as it existed on January 1, 2019;
(B) A historic district designated under the Historic Districts Act, § 14-172-201 et
seq.; or
(C) A historic district otherwise designated under a local ordinance as of January 1,
(� 2019;
"Micro-wireless facility" means a wireless facility that:
(A) Is not larger in dimension than twenty-four inches (24") in length, fifteen inches
(15") in width, and twelve inches (12")in height;
(B) Has an exterior antenna that is no longer than eleven inches (11 "); and
(C) Is not placed any farther than ten feet (10') down the span as measured from the
side of the pole;
"Permit" means an authorization, written or otherwise, required by an authority to
perform an action .or initiate, continue, or complete a project for the deployment of wireless
service at a specified location;
"Person" means an individual, corporation, limited liability company, partnership,
association, trust, authority, or other entity or organization;
"Pole" means a pole in a right-of-way that may be used by or for wireline
communications, electric distribution, lighting, traffic control, signage, or a similar function, or
for collocation of small wireless facilities.
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1 "Pole" does not include a wireless support structure or an electric transmission structure;
"Rate" means a recurring charge;
"Right-of-way" means an area on, below, or above a public utility easement, roadway,
highway, street, sidewalk, alley, or similar property.
"Right-of-way" does not include a federal interstate highway, controlled-access facility,
or a public utility easement that does not authorize the deployment sought by the wireless
provider;
"Small wireless facility" means a wireless facility that meets all of the following
specifications:
(i) The facility:
(a) Is mounted on a structure fifty feet (50') or less in height, including the
antennas;
(b) Is mounted on a structure no more than ten percent (10%) taller than other
adjacent structures; or
(O (c) Does not extend an existing structure on which it is located to a height of
more than fifty feet (50') or by more than ten percent (10%), whichever is
greater;
(ii) Each antenna associated with the deployment, excluding associated antenna
equipment, is no more than three cubic feet(3 cu. ft.)in volume;
(iii) All other wireless equipment associated with the structure, including the wireless
equipment associated with the antenna and any preexisting associated equipment
on the structure, is no more than twenty-eight cubic feet (28 cu. ft.)in volume;
(iv) The facility does not require antenna structure registration under 47 C.F.R. Part
17, as it existed on January 1, 2019;
(v) The facility is not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as it
existed on January 1, 2019; and (vi) The facility does not result in human
exposure to radio frequency in excess of the applicable safety standards specified
in 47 C.F.R. 1.1307(b), as it existed on January 1, 2019.
"Small wireless facility" does not include:
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(i) The structure or improvements on, under, or within which the equipment
is located or collocated or to which the equipment is attached; and
(ii) Any wireline backhaul facility or coaxial or fiber optic cable that is
between wireless support structures or utility poles, or that is otherwise not
immediately adjacent to or directly associated with a particular antenna;
"Stealth Technology/Camouflaging" means systems, components and materials used in
the construction of wireless communications facilities to make it compatible with the
surrounding property.
"Structure" means a pole or wireless support structure, whether or not it has an existing
antenna facility, that is used or to be used for the provision of wireless service;
"Technically feasible" means that by virtue of engineering or spectrum usage the
proposed placement for a small wireless facility, or its design, concealment measures, or site
location, can be implemented without a material reduction in the functionality of the small
wireless facility;
"Utility Pole" A pole or similar structure that is used in whole or in part for the purpose
of carrying electric distribution lines or cables or wires for telecommunications, cable or electric
service, or for lighting, traffic control signage, or a similar function regardless of ownership.
Such term shall not include structures supporting only Wireless Facilities.
"Wireless Facility" Equipment at a fixed location that enables wireless communications
between user equipment and a communication network, including: (i) equipment associated with
wireless communications; (ii)radio transceivers, Antennas, coaxial or fiber-optic cable,regular
and backup power supplies, and comparable equipment, regardless of technological
configuration. The term includes Small Wireless Facilities. The term does not include the
structure or improvements on, under, or within which the equipment is collocated, wireline
backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or
utility poles or coaxial or fiber optic cable that is otherwise not immediately adjacent to, or
directly associated with, an antenna.
"Wireless infrastructure provider" means a person or an affiliate thereof, including a
person authorized to provide communications service in the state, that builds or installs facilities
for the provision of wireless service, but that is not a wireless service provider;
"Wireless provider" means a wireless infrastructure provider or a wireless service
provider;
"Wireless service" means any service using licensed or unlicensed spectrum, including
the use of Wi-Fi, whether at a fixed location or mobile, provided to the public;
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"Wireless service provider" means a person who provides wireless service; 5-34
"Wireless support structure" means a structure,including:
(i) A monopole;
(ii) A tower, either guyed or self-supporting;
(iii) A billboard;
(iv) A building; or
(v) Any other existing or proposed structure designed to support or that is
capable of supporting small wireless facilities, other than a structure
designed solely for the collocation of small wireless facilities.
"Wireless support structure" does not include a pole
"Wireline backhaul facility" means an aboveground or underground facility used to
transport communications services from a wireless facility to a network. (Ord. No. 2019-10, Sec.
7)
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