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0234 1,047 ,„ 4 Or 91 ORDINANCE NO. 234 AN ORDINANC3 GRANTING TO ARKANSAS CABLE TE&EVISION, INCORPORATED, THE PRIVILEGE TO CONSTRUCT, ERECT, MAINTAIN AND OPERATE TOWERS, POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTIIN'R ELECTRONIC EQUIPMENT ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER THE vuBLIC STR( ETS, Ale r , ALLEYS, ROADS, AND HIGHWAYS AND OTHER PUBLIC PLACES OF TO CITY OF JACKSONVILLE, ARKANSAS FOR THE PURPOSE OF OPERATING A TELEVISION SIGNAL SYSTEM TO RECEIVE, AMPLIFY AND DISTRIBUTE TtIWISION SIGNALS TO THE INHABITANTS OF SAID CITY, OR ANY PERSON, FIRM OR CORPORATION WITHIN SAID CITY: PRESCRIk31NG THE CONDITIONS GOVERNING THE OPERATION OF THE SYSTEM INSOFAR AS IT AFFECTS THE USE OF PU"HLIC P1?!)'0 . FOR TEE PURPOSE OF SUCH SYSTEM; AND PRESCRIBING RULES AND REGULATIONS GENL'RA.LIS FOR THE OPETiATlON OF SUCH SYSTEM UNDER THIS GRANT. PROVIDING FOR COMPENSATION TO SAID CITY FOR SAID FRANCHISE AND FOR OTBF1t PUR- POSES. BE IT ORDAINED BY THE cm COUNCIL OF 'TAW CITY OF JACKSONVILLE, ARKANSAS: Section 1. For the purpose of this ordinance, the following terms, phrases and words shall have the moaning herein given. When not inconsistent with the context, words used in the present tense include the future. words iu the plural number include the singular; and. words in the singular number include the plural number. The work "shall." is always mandatory and not merely directory. (1) "City" is the City of Jacksonville, Arkansas, a municipal corporation located in the State of Arkansas. (2) "Grantee" is the person or corporation named in Section 2 hereof as Grantee. (3) "Council" is the City Council of the City of Jacksonville, Arkansas. (4) "Person" is any person, firm, partnership, association, corporation, company. or organi- sation of any kind. Section 2. There is hereby granted to Arkansas Cable Television, Incorporated, hereinafter called "Grantee" for the term of 25 years from the effective date of this Ordinance, the right and privilege to construct, erect, maintain and operate towers, poles, wires, anchors, cables, manholes, conduits, and other electronic equipment along, across, on, over, through, above and under the public streets, avenues, alloys, roads and highways and other public places of the City, for the purpose of operating a television signal system to receive, amplify and distribute television signals to the inhabi- tants of the City of any person within the City; to the extent that such use will not interfore with the public's use or the City's use and to the extent that the City may lawfully permit tho use of the above de- scribed properties for the purposes enumerated. The City reserves the right to cancel this grant in the event of a violation by the Grantee heroin of the terms and provisions of this Ordinance. Section 3. The Grantee must within sixty (60) days from the date of its acceptance of this Ordinance undertake necessary procedures to secure approval from appropriate governmental agencies under then existing rules and regulations for the right to import ORD. BOOK �- AGE 1 the signals of no loss than two (2) distant Independent Commercial, Television stations into the City. Once this approval is obtained, and FCC authorization is granted for the required microwave transmis- sion service to the City, Grantee must within sixty (60) days from the date of FCC approval commence construction of the system, and have said system operating within one year from the commencement of construc- tion. If the system is not in operation within one year from the com- mencement of construction, the grant provided for herein shall expire and the City may treat the Ordinance as being null. and void. Section I. The maximums rates and charges which may be made by Grantee for connections and service rendered by it to the inhabi- tants of the City of Jacksonville, Arkansas, shall bo as follows: (a) INSTALLATION GHARGS$ First outlet per residence $19.95 .Additional outlets within the residence $ 7.50 Re- connect charge per residence $ 5.00 Commercial. Rscovery of Labor and materials cost (b) MONTHLY RATES Single outlet per residence $ 5.50 per month Each additional outlet within tho rosidence $ 1.00 per month Non - residential - first outlet $ 5.50 per month Each additional. unit $ 1.00 per month The City shall have the right to review rates and charges which may be made by the Grantee for connections and service rendered by it to the inhabitants of the City. No rate changes shall be established or charged by the Grantee until the same shall have been approved by the Council and no proposed change of rates estab- lished by the City shall be made o wept after a fair public hearing before the Council.. The Grantee shall collect no money from the inhab- itants of the City until. the Grantee's system is operable. Section The services furnished by the Grantee shall be of good quality and the same shall. be furnished to each person with- in the City, within reasonable reach of its facilities and within reasonable time after demand for such service has been made, upon equal and exact terms for the same class of service. Section 6. The Grantee shall comply with all rules and regulations now in force or which may hereinafter be put into force with respect to proper installation and construction of :lines, cables, wiring and other electronic equipment authorized by this permit and grant. The Grantee shall use only new cables, and equipment with. such Shielding and protective devices as maybe necessary to insure the hest possible service with the least possible interference; no splices in the cable system will be permitted, except at such places and under such circumstances as shall be absolutely necessary in the installation of the system and in such cases such splices shall be done in a good and workmanlike manner and in such a way as to prevent air leakage or interference. The Grantee shall, at its own cost and expense, move its linos, cables, wiring, towers and, other appurtenances to other locations when the City, through its authorities, may require such removal for the safety and convenience of said City and other franchise holders and inhabitants affected. thereby. In the event the Grantee, after notice, fails or refuses to act, the City shall have the power to remove or abate the same at the expense of the Grantee, all without compensation or liability for damages from the City to Grantee. Section 7. All installations made by the Grantee shall be made in good, substantial and safe condition and shall be maintained in such condition at an times. The Grantee shall make no excavation in the streets, alleys, or other public places without first procuring, a written permit from the City or its agent or representative. Such permission shall not be unreasonably withheld. The surface of any street, alley or other public place disturbed by the Granteo in constructing, 2 - PAGE - - OK oRD. SQ # *eructing, maintaining, operating or repairing its system shall be restored immediately by the Grantee after completion of the work to as good a condition as before the commencment of the work, and suob surface shall be maintained at tho cost of the Grantee to the satisfaction of the City for a period of one year, from the date such surface of said street, alley, or public place is broken or excavated for such construc- tion or maintenance work, after which time responsibility for the normal maintenance of such surface shall become the duty of the City. Section 8. The Grantee shall, at all times during the existence of this permit, carry and require its contractors to carry insurance as follows: (a) Workmen's Compensation Insurance in accordance with the laws of the State of Arkansas. (b) Public Liability Insurance with limits in the amount of $100,000.00 for each person, $300,000.00 for each accident, and $50,000.00 property &unage liability. In case the City is impleadod in any suit by reason of axy alleged accident or omission of the Grantee, its successors or assigns, said City shall be entitled to Judgment over and against the Grantee, its successors or assigns, in such amounts as maybe obtained against the City by reason thereof, provided due written notice is given the Grantee, its successors or assigns, on the filing of said suit, so that proper defense may be made to said action or suit. (c) The Grantee shall defend the City against all lawful claims for injury to any person or property caused by the negligence of the Grantee in the construction or operation of its property; and in event of a determination of liability shall indemnify the City; more particularly the Grantee herein, its successors and assigns, does hereby agree to indemnify and hold harmless the City .from axr and all liability, claim, demand or judgment growing out of any injury to any person or property as the result of the violation or failure on the part of the Grantee, its successors and assigns, to observe their proper duty or because of negligence in whole or in part arising out of construction, repair, extension, maintenance, or operation of its equipment of apy kind or character used in connection with this permit. Section 9. The Granted shall pay the City as a permit fee and as compensation for the rights and privileges enjoyed hereunder an initial sum upon final passage of this Ordinance and for each year thereafter until commencement of services to subscribers the sum of $1,000.00. Upon commencement of services to subscribers, a guaranteed annual minimum sum of Two Thousand Five Hundred Dollars, or 4 per cent of its gross subscription receipts received by the Grantee from all of its collection from said electronic cable system derived from customers within the City, whichever is greater. The said gross receipts shall be computed annually at the end of each calendar year and amounts due to the City shall be paid on or before the 15th day of January of each year; provided, however, that the final payment to the City after the termination of this permit shall be made within fifteen (15} days after the date of said termination. The City shall have the right and privilege by and through its auditor or other persons designated by it to freely examine the books, vouchers, records of the Grantee, its successors or assigns, in order to deternine the amount to be paid to the City under the provisions of this Ordinance. The above payments shall be made in lieu of any other tax or increased rate of tax, or other imposition, assessment or charge, made by the City except when ad valorem taxes, and increases therein. Section 10. This permit and grant is not exclusive and nothing herein contained shall be construed to prevent the City from granting any other like privilege to any other person. Section 11. The Grantee shall. pay the City the cost of 3 - n BOOK #_ —PAGE W. Ono• 8 publishing this Ordinance according to law. Section 12. The Granted shall. not sell or transfer any right or privilege under the permit except with the written approval of the Council., except that the legal title and operation of the system may be vested temporarily in a partnership if advisable to facilitate funding. Section 13. Grantee shall have thirty (30) days after final passage of this Ordinance in which to file its written acceptance thereon with the governing body of the City. Section 111.. This Ordinance shall be in full force and effect for 25 years from and after its passage, approval and publica- tion. PASMH'A AND AYP.ROUEO this 20th day of May, 1971. 9, . l/ ATTF,ST: City Clerk - Trasurer - 4 - opGE s' ORO. BOOM,