ORD NO 12-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. iX 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO AMEND ORDINANCE NO. 11 -2011 GRANTING A
LICENSE AUTHORIZING LIMITED USE OF PORTIONS OF THE CITY
OF VAN BUREN, ARKANSAS'S RIGHTS -OF -WAY AND EASEMENTS
TO WINDSTREAM KDL, INC. KENTUCKY DATA LINK PROVIDING
FOR PAYMENT THEREOF; DECLARING AN EMERGENCY; AND
FOR OTHER PURPOSES.
WI- IEREAS, Windstream KDL. Inc. (`'KDL I nT of
Evansville, Indiana, desires to install fiber cable on aerial facilities and to
construct, maintain and operate two (2) private, high density polyethylene
(HDPE) conduits containing a single fiber -optic cable within the City of Van
Buren, Arkansas for its private use; and
WHEREAS, The installation of fiber cable on aerial facilities and the construction of said
I -IDPE conduits necessitates the conduits KDL facilities entering and /or
crossing certain portions of City rights -of -way and easements; and
WHEREAS, The City Council of the City of Van Buren, Arkansas has determined that the
installation, construction, maintenance and operation of the subject facilities,
including HDPE conduits, by KDL, Inc. is not contrary to the public interest or
inherently inconsistent with the use of public rights -of -way or easements by the
city or the public; and
WHEREAS, The City is entitled to just and reasonable compensation from KDL, in the
form of license fees, for their use of those portions of the City rights -of -way
and easements; and
WHEREAS, The parties agree that these information services are a telecommunications
service and, therefore, a utility for which a written franchise agreement may be
entered pursuant to Ark. Code Aim. 14- 200 -201 or pursuant to the rights of
the City to control the subject public rights -of -way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS, THAT:
1
SECTION 1. The-Kentucky Data Linkeorperat €4Windstream KDL, Inc., which is
conducting or carrying on business in the City of Van Buren, Arkansas shall
pay a franchise fee of One Thousand Nine Hundred Twenty Dollars ($1,920)
for each year or part thereof this Franchise is in effect. The said amount will
be paid by D. e KDL at the time of execution
of this franchise. The annual franchise fee shall be due by the tenth day of
each subsequent annual period.
SECTION 2. Said One Thousand Nine Hundred Twenty Dollars ($1,920) 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.
SECTION 3. As an incident to the privilege hereby taxed the-Kentuek-y-Data Link,
Incorporated KDL 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.
SECTION 4. Should any portion of this ordinance be Unconstitutional or invalid and so
declared by a court of competent jurisdiction, then the remainder of this
ordinance shall not be affected by such partial invalidity.
SECTION 5. That due to the need to raise more revenue, and to have the same in effect
April 410, 2011, an emergency therefore is declared and the Ordinance being
necessary for the preservation of the public peace, health and safety shall be in
full force and effect from and after its passage and approval.
SECTION 6. The Mayor and City Clerk are hereby authorized by the City Council for the
City of Van Buren to execute all documents, contracts, and agreements
necessary to effectuate this Ordinance.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of 1pfor and 0 against, the foregoing Ordinance at its
Special Meeting held on the 4 day of April 2011.
t w L
Robert D. I`
Mayor
ATTESTED:
0(4.1 &.c E
Barbie Curtis
City Clerk/Treasurer