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ORDINANCE NO. 20,203
2 AN ORDINANCE TO AMEND LITTLE ROCK, ARKANSAS,
3 ORDINANCE NO. 19,567 (JULY 18, 2006) AS TO THE USE OF CITY
a RIGHTS -OF -WAY TO PROVIDE IP -TV SERVICES WITHIN THE CITY
5 OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES.
6 WHEREAS, the City entered into an agreement with Southwestern Bell Telephone, L.P., a
7 Texas limited partnership doing business as AT &T Arkansas ( "collectively referred to as AT &T
8 Arkansas ") to set the terms and conditions for AT &T Arkansas to provide IP- enabled video ser-
9 vices within the City over an IP network ( "IP -TV "); and,
10 WHEREAS, this agreement was to end at the conclusion of the fiscal year three years after
ii its date of execution, or on December 31, 2009; and,
12 WHEREAS, the parties wish to continue the agreement under the same terms and conditions
13 with the one change noted in this Ordinance;
is NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
15 THE CITY OF LITTLE ROCK, ARKANSAS:
16 Section 1. Except as set forth in this Ordinance, the agreement executed by the City and
17 AT &T Arkansas for the provision of IP -TV within the City is hereby renewed for a period of
18 three (3) years from and after the date of this Ordinance, provided that the third year shall end no
19 sooner than December 31, 2012.
20 Term. The terms of this Agreement, as amended by this Addendum, shall
21 commence on the Effective Date of this Addendum through the end of
22 2012. The term may be extended upon mutual written consent of the Par-
23 ties.
24 Section 2. Notwithstanding the provisions of Section 1 of this Ordinance, paragraph 1 found
25 on page 2 of the executed agreement, lines 16 -17, is hereby amended to read as follows:
PAGE 1 OF 3]
Ordinance to approve addendum to agreement with AT &T Arkansas for IP -TV
authorized in Little Rock, Ark., Ordinance No. 19,567 (July 18, 2009)
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Section 3. Notwithstanding the provisions of Section 1 of this Ordinance, paragraph 4(f)
found on page 4 of the executed agreement, lines 9 -14, is hereby repealed.
Section 4. The Mayor, City Manager, and City Clerk, are authorized to execute an adden-
dum to the agreement approved in Little Rock, Ark., Ordinance No. 19,576 (July 18, 2006), to
note the amendments set forth in this Ordinance in substantially the same form as that attached as
Exhibit A to this Ordinance.
Section 5. Severability. In the event any section, subsection, subdivision, paragraph,
subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged
to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining
provisions of this ordinance, as if such invalid or unconstitutional provision was not originally a
part of this ordinance.
Section 6. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent
with this ordinance are hereby repealed to the extent of such inconsistency.
PASSED: December 15, 2009
15 ATTEST: APPROVED:
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19 Susan ngl , Acting City Clerk Mark Stodola, I
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21 APPROVED AS TO LEGAL FORM:
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24 ' "f-
25 Thomas M. Carpenter, Ci q Attorney
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[PAGE 2 OF 31
Ordinance to approve addendum to agreement with AT &T Arkansas for IP -TV
authorized in Little Rock, Ark., Ordinance No. 19,567 (July 18, 2009)
1 EXHIBIT A
2 ADDENDUM
3 TO THE IP -TV AGREEMENT ENTERED JULY 19, 2006, BETWEEN THE CITY OF
4 LITTLE ROCK, ARKANSAS AND AT &T ARKANSAS
5
6 This Addendum to the July 18, 2006, Agreement ( "the Agreement ") between the City of Lit-
7 tle Rock, Arkansas, and Southwestern Bell Telephone, L.P., a Texas limited partnership doing
s business as AT &T Arkansas (jointly referred to as "the Parties ").
9 1. Paragraph 1 of the Agreement is hereby amended to read as follows:
10 Term. The terms of this Agreement, as amended by this Addendum, shall
11 commence on the Effective Date of this Addendum through the end of
12 2012. The term may be extended upon mutual written consent of the Par -
13 ties.
14 2. Paragraph 4 of the Agreement is hereby amended to delete paragraph (f) found at page 4
15 of 8 of the Agreement, lines 9 -14.
16 1 Authority for the City to enter into this Addendum is granted in Little Rock, Ark., Ordi-
17 nance No. 20,203 (December 15, 2009).
1s 4. All other terms and conditions of the Agreement, including but not limited to Paragraph
19 18 as to Counterpart Execution shall remain in full force and effect for the life of the Agreement
20 as amended by this Addendum.
21 IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
22 executed this Addendum and made the same effect as of December 16, 2009. ( "Effective Date ").
23 AT &T ARKANSAS CITY OF LITTLE ROC 'ARKANSAS
24 ,
By: y
26 Title: President &T Arkansas Title: Mayor
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[PAGE 3 Or 31
Ordinance to approve addendum to agreement with AT &T Arkansas for IP -TV
authorized in Little Rock, Ark., Ordinance No. 19,567 (July 18, 2009)