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0270 ORDINANCE NO.12 0 -- - - -- AN ORDINANCE GRANTI \'G TO JACKSONVILLE CABLEVISION, INC. , THE RIGHT AND PRIVILEGE TO CONSTRUCT AND OPERATE A COMMUNITY ANTENNA TELEVISION AND AUDIO COMMUNICATION SYSTEM. BE IT ORDAINED BY THE CITY OF JACKSONVILLE, ARKANSAS: . WHEREAS, an application has been made to the City of Jacksonville by Jacksonville Cablevision, Inc. , a corporation duly organized and existing under the laws of the S tat e o D e l a w are, an qualified to do business in the State of Arkansas, for a community antenna system to serve the people of the City of Jacksonville, and WHEREAS, following a public hearing the Council of the City of Jacksonville finds • .iat it is i :i tae public interest to grant the use of the public streets and lands for the construction, erection, operation and maintenance of a community antenna television - and audio communications services -in order that the residents of the City of S Jacksonville may receive broader and better reception of television and radio broadcasts and other communication services; and, WHEREAS, following a full public disclosure during a regularly called public City Council meeting of the City of Jacksonville, the Council does find that Jacksonville 2 Cablevision's legal, character, financial, technical and other qualifications are adequate and that the construction arrangements for the project are feasible and acceptable. NOW, after full public and open consideration of the matter of the said application, the Council of the City of Jacksonville has determined and hereby ordains that the right and privilege to use the streets within the City of Jacksonville for the purposes herein- after set forth is given to Jacksonville Cablevision, Inc. on the following terms and • conditions. SECTION 1. Popular Name. This Ordinance shall be known and cited as the Co,., :.'miry Antenna Televisor and Audio Communications Ordinance. SECTION II. Grant of Right and Privilege In consideration of the faithful r �'igh . sid.,�ation o� t� e fa per- p formance and observance of the conditions and covenants hereinafter set forth, there is hereby granted to Jacksonville Cablevision, Inc. , hereinafter called "Grantee", its successors, assigns or designees, the right and privilege to erect, install, construct, reconstruct, replace, remove, repair, maintain and operate in or upon, under, above, across and from the streets, avenues, highways, sidewalks, bridges and other public ways, easements, right -of -way and lands, as now existing and all extensions thereof -2- and additions thereto, in the City of Jacksonville, hereinafter called "the City ", all equipment, facilities, appurtenances and apparatus of any nature, for the purpose of receiving, amplifying, transmitting and distributing by studios, cameras, pro- jectors, recorders, antennas, transmitters, microwaves, wires, cables, coaxial cables, wave guides and cables, of television, radio, electrical and electronic energy, pictures, sounds, signals, impulses and communications, uni- directional and multi- directional of every nature and description, audio and video, embracing any and all of the frequencies of the electromagnetic spectrum, and to otherwise engage in the business, services and activities generally known as and practiced now and in the future by community antenna television and audio communications services, in accordance with the Laws of the United States of America, the State of Arkansas, and the City. SECTION III. Term. This right and privilege shall be effective on the effective date of this Ordinance and shall continue in full force and effect until the expiration of a period of fifteen (15) years from such date, and shall be automatically renewed for a like period of fifteen (15) years unless written notice of termination is given by the Grantee not less than one year prior to the termination date of this grant. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of this grant. SECTION IV. Revenue Payments to the City - Maintenance of Records - Establish- ment and Review of Rates. In consideration of the grant of this right and privilege, the Grantee shall pay to the City the minimum amount of One Thousand Dollars ($1, 000. 00) per year during the term of this agreement or five per cent (5 %) of the gross revenues received from the cable television service fees charged subscribers, including monthly service charges and installation fees, whichever is greater. The first payment hereunder shall be due and payable thirty (30) days following Federal Communications Commission certification of the right and privilege herein granted and each succeeding payment shall be due and payable thirty days following said certification's anniversary date. Such payment shall be deemed compensation for services rendered, review, super- vision and inspection of equipment and facilities, and for other expenses relating to the • • -3- installation and operation of this system part the City p e as provided e this //.. 1-- Gi the pwr l 1JL Ll� in X1.15 The Grantee shark keep complete records of accounts n;5 showing dates and payments received. Tile duly authorized agent of the City shall have the right, power and authority to inspect ice , e service charge records of the Grantee. rail ee. addition thereto, the Grantee shall file h the City Clerk shall Wlt + ity .erK and Si c:ai kee in its local office, to be available for inspection :,�e -�� nspecticn by the City and the public, a copy of the rules, regulations, terms and conditions adopted ' .: by the Grantee and in effect with its subscribers. The Grantee stall - a1sG keep available at its local office, o b e available variable for inspection by The City, and shall file with the City Clerk erc an annual summary report snowing the gross monthly cable television revenues received by G'^^ the Grantee from its operations within the City during the preceding annual period as above described. Grantee shall submit to the City the form of its service agreement, if any, between t&e Grantee and its subscribers. A schedule of the initial subscription rates to be charged by the Grantee is attached hereto and made a part hereof as Exhibit „A„ The City shall have the right and the continuing authority to review and approve any changes in said subscriber rates for services furnished by the Grantee and to formulate _:;_es and procedures for the review and, as necessary, adjustment of such rates which recuire, p part, _ . u: a , Sea SO; :ale advance notice be given to the public of all proposed rate changes. Said notice shall be pu dished once a week for two consecutive weeks setting out the time, place, proposed new rate schedule and right of the public to attend and to be ;=earl. The advertisement herein provided for shall begin at least thirty days before the care of the public hearing, and shall be published in a newspaper of general circulation in the City. SECTION V. Authority to Lease Equipment - Manner of C e There is hereby granted •cte further right, privilege and authority o the Grantee y to rase, rent or in any Ler manner obtain the use of towers, poles, lines, cables and other equipment and facilities from any and all '. holders of public licenses and franchises within the corporate ,._:nits of the City and to use such towers, poles, lines, cables and otter equipment and facilities as provided herein subject to all existing and future ordinances and regulations • _4- of the City. The Grantee shall also have the right to erect, install and maintain its own towers, poles, guys, anchors and d > ducts as may be necessary for the proper construction: and maintenance of the antenna site, head -end and distribution system, provided that poles paced on municipal properties shall first have their location approved by the City Engineer. Such permission shall not unreasonably withheld. not be SOi2G.� Wlthi e.d. All transmission and distri butio n structures, lines and equipment erected by the Grantee witi::n the City shall be so located as to cause e e with minimum interference wu,. the use of streets, , alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys, or other public ways and places. In case of any disturbance of avement sidewalk, p . , drv.,way, or other surfacing, the Grantee shall, at its own cost and expense and in a manner approved by the City Engineer, replace and restore all paving, sidewalk, driveway, or surface of any street or alley disturbed, in as good condition as before said work was commenced. In event that at any time during the period of this grant the City shall lawfully elect to alter, or change the grade of any street,' alley or public way, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, 'underground conduits, manholes and other fixtures at its own expense. The Grantee shall not place poles or other fixtures when the same will interfere with any gas, electric or telephone fixture, water, hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk aind inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. • The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires stall be paid by the person requesting the same, and the Grantee have requesting d e ranter shad haves the authority to • require such payment in advance. The Grantee shall be given not less than five (5) days' advance notice to an-ange for such temporary wire changes. • The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City so as to prevent the brandies of such •:roes fromcoming in contact with the win3and cables of t me all the Gia :��e, a.• tr.:nr:.. ng to b e done under the supervision and direction of the City and at the expense of the Grantee. The Grantee shall remove all its plant and equipment located in the streets, highways and public places of the City within twelve (12) months of its termination of use of said acilities, and without any cost or expense to the City. is CT O. mr.�.�T VIr SE. Obligations of Grantee to Provide Service - Educational Television. The Grantee shall, during the existence of this grant, furnish reasonable, adequate and efficient community antenna receiption service to the residents of the City, maintain its system in reasonable repair and working order and provide adequate facilities for such maintenance. These requirements may be temporarily suspended by disaster or emergency conditions or other circumstances beyond the reasonable control of the Grantee. The Grantee shall provide to its subscribers all existing educational television stations having studio facilities within thirty -five (35) miles of the City. SECTION VII. No Preference. The Grantee shall not as to rates, charges, service facilities, rules, regulations, or in any other respect make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage; pro- vided, however, this shall not be deemed to prohibit the establishment of a graduated scale of charges and classification shall be permitted when approved by the City as hereinbefore set forth. SECTION VIII. Interpretation. No privilege or exemption is granted or to be infer by this grant except those specifically prescribed ;herein. Any privilege claimed under this grant in any street shall be subordinate to any prior lawful occupance of the street. SECTION IX. Right of Assignment. This grant shall be held it; trust by the Grantee or its Successor in interest, provided, however, that it may assign its right, title and interest hereunder to another corporation a "� h f - °poraticn cr lawful business entity through the sale o. stocks or assets, or otherwise, provided that prior approval of such assig:iment shall be obtained from the City which approval shah not be unreasonably withheld and provided • • -Q that such other corporation or lawful business entity is duly authorized to receive such assignment, and agrees to undertake and assume all the obligations of the original corporation hereunder subject to all of the terms and conditions of this grant. In the event such assignment takes place with such consent, then immediately upon the delivery to the City of the appropriate assumption agreement, duly executed by the assignee, all of the rights, obligations and privileges herein granted to the Grantee shall forthwith .devolve upon the assignee who shall ir. all respects stand in the place and stead of the original Grantee hereunder. SECTION X. Grantee's installation and Construction ObligMti. ens, The Grantee's plant and equipment, including the antenna site, head -end and distribution system tower s, structures, poles, wires and appurtenances shall be installed in accordance with good engineering practices, and shall be located, erected, constructed, reconstructed replaced, removed, repaired, maintained, and operated so as not to endanger or inter- fere with the lives of persons or to interfere with improvements the City may deem proper to make, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic on public ways, places and structures. Erection, installation, construction, replace- ment, removal, repair, maintenance and operation of the system shall be in accordance with the provisions of the National Electrical Safety Code prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Under- writers and such applicable laws of the State of Arkansas and applicable ordinances of the City which may now be in effect or enacted in the future. All installations shall be of a permanent nature, durable, and maintained in a safe and suitable condition, in good order and repair. Any opening or obstruction in the streets or other public ways made by the Grantee in the course of the construction, operation or removal of installations shall be guarded and protected at all times by the placement of adequate barriers, fences or bcardings, the bounds of which during periods of dusk and darkness shall be clearly designated by warning lights. SECTION XI. Grantee Not to Engage in Television or Radio Repair. The Grantee shall not engage in the business of repairing television or radio receivers in connection with its operation of its community antenna television and audio communcations services. - - SECTION XII. No Interference with Other Television Reception. The community antenna television and audio communications system installed by the Grantee will be so designed, engineered and maintained so as not to interfere with the television reception of residents of the City who are not subscribers to its services. SECTION XIII. Public Service Provided by Grantee. The Grantee will supply one free drop to public and parochial, primary and secondazyschools, fire stations, police stations, public libraries, and the City of Jacksonville City Hall located within the City which are passed by a cable belonging to the Grantee. There shall be no monthly service charge for said service. SECTION XIV. Grantee to Hold City Harmless. The Grantee shall at all times defend, indemnify, protect and save harmless the City from and against any and al I liability, losses and physical damage to property and bodily injury or death to persons, including payments made under workmen's compensation laws, which may arise out of or be caused by the erection, construction, replacement, removal, maintenance and operations of the Grantee's community antenna television and audio communications service, and resulting from or by any negligence, fault or misconduct on the part of the Grantee, its agents, officers, servants and employees. The Grantee shall also carry Arkansas State Workmen's Compensation coverage on its employees who are engaged in any manner in the erection, construction, replacement, repair, maintenance and operations of the Grantee's plant and equipment. SECTION XV. Default. If the Grantee shall fail to comply with any of the provisions of this Ordinance, or default in any of its obligations hereunder, except for causes beyond the reasonable control of the Grantee, and shall fail within thirty (30) days after written notice from the City to commence, and within a reasonable time, complete the correction of such default or noncompliance, the City shall have the right to revoke this grant and all rights of the Grantee hereunder. In the event the Grantee shall be adjudged bankrupt or placed in receivership, the City may declare the special rights herein granted forfeited and terminated. SECTION XVI. Application' and Construction Deadlines. The Grantee shall arrange to have application made to the Federal Communications Commission for a microwave • -8- service within sixty (60) days from the effective date of this Ordinance. The Grantee shall commence construction of the system so as to establish an operable head -end within one year after the Federal Communication Commission has granted the Grantee a certificate of compliance. The City shall have the right and authority to establish substantial percentage figures for extension of energized trunk cable within the City said figures requiring up to a maximum required energized trunk cable extension of twenty (20) per cent of the franchised area per year, for the first five years of operation, with extensions to begin within one year after the Federal Communication Commission issues its certificate of compliance. Any delay(s) caused by the City or by events or circumstances not under the Grantee's control shall extend the deadlines herein estab- lished for the period of said delay(s). SECTION XVII. Local Business Office. The Grantee shall at all times maintain a local business office or agent for the specific purpose of investigating and resolving of all complaints regarding the quality of service, equipment, malfunctions, and similar matters. Any complaint shall be given immediate prompt attention to insure that the matter complained of is promptly and efficiently resolved or the complaining person furnished with a written statement fully explaining when the matter will be resolved and which party or person will be responsible for the matter. SECTION XVIII. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION XIX. Payment of Cost of Publication. The Grantee shall reimburse to the City the cost of publishing this Ordinance. SECTION XX. Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. ATTES�T APRs o: / ' iC� i fit- / :,//�f/ // ,az CI13 CLER ♦ . •R PASSED: Oter,,iid,, SPONSOR: Approved as to form: 'i1'Y A't"TORNE • • ! ' , ,„ EXHIBIT "A" TO AN ORDINANCE GRANTING TO JACKSONVILLE CABLEVISION, INC. THE RIGHT AND PRIVILEGE TO CONSTRUCT AND OPERATE A COMMUNITY ANTENNA TELEVISION AND AUDIO COMMUNICATION SYSTEM. INITIAL SUBSCRIBER RATES PROPOSED BY JACKSONVILLE CABLEVISION, INC. AND APPROVED BY THE CITY OF JACKSONVILLE 1. Single Dwelling Units. a. Installation Charges: (1) Initial tap -in and connection charges (TV and /or Radio) $20.00 (2) Additional installations 7. 50 (3) Each repositioning or relocation 7. 50 (4) Reconnection after and disconnection 5.00 (5) Disconnection No Charge b. Monthly Rates: (1) First TV and Radio Outlet $ 5. 50 (2) Each Additional Outlet 1. 25 (3) Convertor Rental 1.25 2. Hotels, Motels, Nursing Homes, Profit Making Hospitals, Restaurants and Other Commercial Establishments. a. Installation Charges: (1) Initial tap -in and connection charges (TV and /or Radio) Labor at $6. 00 all installations, each repositioning or relocation and each per hour and reconnection after a disconnection materials at cost plus 25% overhead on the sum of labor and material. (2) Disconnection No Charge b. Monthly Rates: (1) First TV and Radio Outlet $1.0. 00 (2) Each Additional Outlet 3.00 (3) Convertor Rental 1. 25 3. Multiple Dwelling Units Where All Service is Billed to One Customer in One Apartment Complex. a. Installation Charges: (1) Initial tap -in and connection charges (TV and /or Radio) Labor at $6. 00 all installations, each repositioning or relocation and each per hour and reconnection after a disconnection: materials at cost plus 25% overheat on the sum of labor and materis • (2) Disconnection No Charge b. Monthly Rates: Sum of rates for all families as if they were single dwelling unit subscribers less 5% for bulk service.