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13329I 2 RESOLUTION NO. 13,329 3 A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION NO. 4 13,030 (SEPTEMBER 15, 2009) TO SPECIFY ADDITIONAL LOCATIONS 5 FOR THE FRANCHISE GRANTED TO THE ARKANSAS RESEARCH 6 AND EDUCTIONAL OPTICAL NETWORK (ARE -ON); AND FOR 7 OTHER PURPOSES. 8 9 10 11 12 13 14 15 16 17 18 Z 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the City of Little Rock, Arkansas ( "the City") entered into a franchise agreement with the Arkansas Research and Educational Optical Network (ARE -ON) for the use of City rights -of -way and properties for the placement of a fiber optic system to be utilized by the ARE -ON; and WHEREAS, ARE -ON has requested additional locations pursuant to that franchise; and WHEREAS, the City believes that it is in the City's best interest to amend the current agreement in order to bring the latest and fastest research and educational information to University campuses located within the City; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The franchise agreement set forth in Little Rock, Ark., Resolution No. 13,030 (September 15, 2009) ( "LRR 13,030 ") is hereby amended to add in Section 1(a) the word "Resolution ", and the phrase "and Exhibit "B", that the section will now read: (a) Subject to the provisions of this Resolution, a non - exclusive fiber optic franchise is hereby granted to Franchisee, and its successors and assigns, for the placement, operation and maintenance of fiber optic communications cable in the public rights -of -way and public grounds and places at the locations specified in Exhibit "A" and Exhibit "B" hereto. Section 2. This amendment is subject to all other provisions of the franchise agreement authorized in LRR 13,030, including but not limited to the provisions of Section. Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. [PAGE 1 OF 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. ADOPTED: June 7, 2011 ATTEST:.._ APPROVED• City Clerk 3 TO LEGAL FORM: Thomas M. Carpenter, ity Att r H H H H H H H H H H H H H H H H H H H H H H H H PAGE 2 OF 21 Mark Stodola, ayor