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HomeMy WebLinkAboutOrdinance 1028 ORDINANCE NO. 1028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , COUNTY OF WASHINGTON, STATE OF ARKANSAS , GRANTING TO FAYETTEVILLE BROAD- CASTING COMPANY , A CORPORATION , ITS SUCCESSORS , LESSEES AND ASSIGNS , THE RIGHT AND PRIVILEGE AND FRANCHISE TO USE AND OCCUPY FOR ITS TELE- VISION SERVICE , THE STREETS , AVENUES, ALLEYS , ROADS AND HIGHWAYS , AND OTHER PUBLIC PLACES OF THE CITY , FOR THE PURPOSE OF ERECTING, CON- STRUCTING , OWNING, LEASING, OR OTHERWISE ACQUIRING , MAINTAINING OR OPERATING TELEVISION LINES TO BE USED IN FURNISHING OR SUPPLYING THE INHABITANTS OF SAID CITY OR ANY PERSON, FIRM OR CORPORATION WITHIN SAID CITY AND TO OTHERS BEYOND THE LIMITS OF SAID CITY , WITH TELEVISION SIGNALS . LE IT ORDAINED BY. THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , WASHINGTON COUNTY , ARKANSAS : Section 1 . That Fayetteville Broadcasting Company , Inc . , its successors , lessees and assigns , be and it is hereby granted the exclusive right and / or franchise to furnish direct wire reception of television programs to the citizens and residents of the City of Fayetteville , Washington County , Arkansas , by the name and amplifier and relaying the television signals directly into the individual television reception sets for a period of twenty- five ( 25 ) years from the effective date of this Ordinance , together with the right `o erect and maintain such poles , wires , fixtures , etc . , along the streets , avenues ; alleys , roads and highways and other public places of the City as may be necessary and convenient for its business , as a television signal furnisher in supplying the citizens in said City and the public and general , and to use and occupy for its television cables , the streets , alleys , avenues , highways , roads and other public . places, within said mi:nicipality foi the purpose of erecting , constructing , laying , owning , leasing or other - v;fse repairing , maintaining and operating such system , all such right and use to be and to continue on the conditions and terms as herein stated , and providing further that existing or hereafter erected utility poles may be used with the permission of the owners thereof, and providing further that the franchise holder shall run its cables underground wheiever telephone , telegraph , and/ or light wires have been run underground . Section 2 . Said poles and wires shall be placed and maintained so as not to interfere with travel or use of such streets , avenues , . alleys , roads ,, highway or other public places of said City and the said Fayetteville Broadcasting Company, Inc . , its successors , lessors and assigns , shall hold said City free .and harmless from damages arising ,from any abuse or negligence of said- company; that said poles and wires shall be placed so as not to interfere with the flow of water in any sewer , drain or gutter or with any gas or water pipe lines , and this grant is made and is to,be enjoyed subject to all such reasonable regulations and ordinances or a police nature as said City may authorize or may see proper from time to time to adopt, ' not destructive of the rights herein granted . Section 3 . That Fayetteville Broadcasting Company , Inc . , its successors , lessees , and assigns be and it is hereby granted the authority, right and privilege , to set , control and regulate the fees for such services to 'the individual consumer and user during the period provided for in Section 1 of this Ordinance , subject to the approval of the City Council and any and all other,estate and/ or federal regulations controllirAM MEP any and all other DATE OCT 6 W8 REEL �_ COPY OF ORDINANCE N0 .1028 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, COUNTY OF WASHINGPO 4s . TATE OF ARKANSAS , GRANTING TO FAYEPTEVILLE BROADCASTING COMPANY, A ' CORPORATION, ITS . UCESSORS ,LESSEES AND ASSIGNS , THE RIGHT AND PRIVILEGE AND FRANCHISE TO USE AI•ID OCCUPY OR ITS TELEVISION SERVICE ,THE STREETS , AVENUESIALLEYS , ROADS AND HIGHWAYS AND OTHER PUB- IC PLACES OF THE CITY, FOR THE PURPOSE OF ERECTING , CONSTRUCT ING, OWNING, LEASING, OR OTREE- ISE ACQUIRING, MAINTAINING OR OPERATING TELEVISION LINES TO BE USED IN FURNISHING OR i UPPLYING THE NO TO OTHERS BEYOND THESOF LI ITSIOFCITY OR SAID CITY, YITHOTELEVISIIONFIM4 OR C SIGNALS , 'iVTTHIN SAID CI BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PAYEPTEVILLE , 'riASEINGT ON COUNTY, 'KANSAS : Secion l.That Fayetteville Broadcasting Company, Ine . , its sucessors , lessees and ssigns , e an t is hereby granted the exclusive right and/or franchise to furnish irect wire reception of television programs to the citizens and residemts of the City o ayetteville, Washington County, Arkansas , by the means of the establishment of a master . antennae , utilizing a master control unit and amplifier and relaying the television . sig- mals directly into the individual television reception:-: sets for a period of twenty-five 25 ) years from the effective date of this Ordinance , together with the right to erect d maintain such poles ; wires , fixtures , ete . , along the streets , 'avenues , alleys , roads • d highways and other public places of the City as may be necessary and convenient for is business , . as a television signal furnisher in supplying the citizens in said city an he public in general; and to use and occupy for its television cables , the streets , alle s , s . -. . venues , high-ways , roads and other public places within said municipality for the purpose f erecting, .constructing; laying, owning, leasing, or otherwise repairing, maintaining . d operating such system, all such right and use to be and to continue on the condition d terms as herein stated, and providing further that existing or hereafter erected tility poles may be used with the permission of the pwners- thereof, and providing fur- ;her that the franchise holder shall run its cables undreground whorever:-telephone; tele= reph, and /or light wires have been run underground. Section 2 . Said poles and wires shall' be placed and maintained so as not to inter£ re vith trace or use of such streets , avenues , alleys , roads, highways or other pub lic . pla as f said city and the said Fayetteville Broadcasting Company; Inc . , its successors , lessees d assigns , shall hold said city free and harmless from damages arising from any abuse r negligence of said company, that said"poles and wires shall be placed so as not to - nterfere with the ^flow of water in shy sewer , drain or gutter or with any gas or water Dips lines , and this grant is made and is' to be enjoyed subject to all such reasonable regulations and ordinances of a police nature as said city may authorize or may see pro - r from time to time to adopt , not destructive of the rights herein granted. Section 3. That Fayetteville Broadcasting Company , Inc . , its sucessors , lessees , . End assigns 'Fe— and it is hereby granted the authority, right and privilege , to set , control and regulate the fees for such services to the individual consumer and user during the 1 period for in Section 1 of this Ordinancei subject to the approval of , the City Council and any and all other State and" / or FedePal re,.�lations controlling same, or any and all other regulattry bodies , if' any. .Said fees to be just and reasonable and not to exceed x150. 00 for the originalinstallation to each individual consumer and user and not to ex ceed the sum of $3 . 50 per month for the individual in a home and: not to exceed the sum of x10 . 00 per month for the individual user ' and consumer in a commercial place of busi- ess . Said rates to apply for reception on one .station and as new stations are available additional rates shall be set by the franchise holder as are just and reasonable in orde to take are of additional xpense to the opratincompany, all of which_ shall b, eit to the ' approval of the CityCouncil and any eoperating bodies possessing supervise y powers . Section 4 . That Fayetteville Broadcasting Company, Inc . , it s , sucessors, lessees and assigns,—and it is hereby granted an option to renew this exclusive right and/or franchise at the end of the twenty-five ( 25 ) year period as referred to in Section 1 of this Ordinance , the terms ' of said renewal to be agreed , upon by the said Fayetteville Broadcasting Company, Inc . , its successors , less assigns , and theCRty' :Cuuneil of the City of Fayetteville , Washington County; Arkansas , after notice in nof itinthe gight tend/o franchise holder herein for thirty- ( 30 ) days , p expiration franchise . grent here , under Section 4 , any right , privilege or franchise granted by virt e of this Ordinance or by resolution adopted in connection herewith � on the 7th day of July , 1952, shall become absolutely and entirely void unless Fayettevilee Bradoasting Company, Inc . , or its successors , lessees and assigns , shall commence bona fide construction within twelve ( 12 ) months from the date of the adoption of this Ordinance and shall commence service within eighteen ( 18 ) months from the date of the adoption of this Ordinance or if at any if at any time service is discontinued by the said franchise holder for a Period of three (3 ) months after service has been in operation. Section 5.That no franchise , privilege , and/or occupation tax shall be imposed upon the ave eville Broadcasting Company, Inc . , its lucre ssors , lessees , and assigns within six and one-half ( 6 ) years next from the date of passage of this Ordinance ;that prior to expiration of said period of time the Fayetteville Broadcasting Company, Inc . , its successors , lessees and assigns , agrees to negotiate with the Fayetteville City Coun oil for any propsed levy of a franchise , privilege , or occupation tax for the privilege of operating in the corporate limits of said City, pursuant to said franchise , it being • . ... understood that no franchise ; privilege or occupation tax shall be e levied against the f Fayetteville Broadcasting Company, Ine . , its successors , lessees , and assigns in excess of percent of -the gross receipts derived from the operation of said community tele- vision antennae system pursuant to said franchise agreement, - r Section o . That all ordinances and parts of ordinances in conflict hereviith ar hereby repea e an this action being necessary for the preservation of the public health, nesce and prosperity, safety, order , comfort rind convenience of the City o£ s hereby do , IJ > Nashington Countyp Arkansas , and the inhabitants thereof, and an =-^=rgency is hereby de clared to exist and this Ordinance shall take effect and be in force from and a£ber its. passage . - PAS�iED end APPROVED this 7th day of July, 1952 . . Attest : :�, wYla� .. , Approved - er or