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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
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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,
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*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
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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
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opGE s'
ORO. BOOM,