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HomeMy WebLinkAboutOrdinance 1808 ORDINANCE NO . FOO ° AN ORDINANCE GRANTING A FRANCHISE TO T) IFTIELVIION COMMU - NICATIONS CORPORATION , A DELAWARE CORP OtkTI;ON;;_,tb S , S=UCCESSORS AND ASSIGNS , TO OPERATE AND MAINTAIN A COMMUNIT% .-, ITkEL;EVCC,L,11 ION SYSTEM IN THE CITY ; SETTING FORTH CONDITIONS ACCOMP '. YPN6 � fHE GRANT OF FRANCHISE ; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY TELEVISION SYSTEM ; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . Short TitZe . This Ordinance shall be known and may be cited as the " Television Communications Corporation Franchise Ordinance . " Section 2 . Definitions . For the purposes of this Ordinance the following terms , phrases , words , and their derivations shall have the meaning given herein . When not inconsistent with the context , words used in the present tense include the future , words in the plural number include the singular number , and words in the singular number include the plural number . The word "shall " is always mandatory and not merely directory . ( 1 ) "City " is the City of Fayetteville , Arkansas . ( 2 ) " Company " is the Grantee of Rights under this franchise . ( 3 ) " Board " is the Board of Directors ( or other body in which the legislative power vests ) of the City of Fayetteville , Arkansas . ( 4) " Person" is any person , firm , partnership , association , corporation , company or organization of any kind . ( S ) "Community television system " is the transmission and distribution for compensation to the inhabitants of the City of electromagnetic signals , including signals carrying F . M . radio or television programs , or both . ( 6 ) " Programs " are any type of audio or visual information whether created by the Company or others . Section 3 . Grant of Authority . There is hereby granted by the City to the Company the right and privilege to construct , erect , operate and maintain in , upon , across , along , above , over and under the streets , alleys , public ways and public places now laid out or dedicated , and all extensions thereof , and addi - tions thereto , in the City , poles , wires , cables , underground conduits , manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a community television system for the interception , sale and dis - tribution of television signals . MICROFILMED p OCT 1 2 1970 DEED Sol6 FACE2, 9S REEL 2 ( 1 ) Exclusive Grant . The right to use and occupy said streets , alleys , public ways and places for the purposes herein set forth shall be exclusive . How - ever , the City reserves the right to grant a similar use of said streets , alleys , public ways and places to any person for the use of other utilities at any time during the period of this franchise . Section 4 . Compliance with Applicable Lams and Ordinances . The company shall , at all times during the life of this franchise , be subject to all lawful exercise of the police power by the City , and to such reasonable regulation as the City shall hereafter by Resolution or Ordinance provide . Section S . Company Liability - indemnification . It is expressly understood and agreed by and between the company and the City that the company shall save the City harmless from all loss sustained by the City on account of any suit , judgment , execution , claim or demand whatsoever , resulting from negligence on the part of the company in the construction , operation or maintenance of its television system in the City . The City shall notify the company ' s representative in the City within ten ( 10 ) days after the presentation of any claim or demand , either by suit or otherwise , made against the City on account of any negligence as aforesaid on the part of the company . Section 6 . Service Standards . The company shall maintain and operate its system and render sufficient service in accordance with the rules and regulations as are or may be , set forth by the Board as provided for in Section 12 of this Ordinance . ( 1 ) Notice of Interruption for Repairs . Whenever it is necessary to shut off or interrupt service for the purpose of making repairs , adjustments , or installations , the company shall do so at such times as will cause least amount of inconvenience to its customers , , and unless interruption is unforeseen and immediately necessary it shall give reasonable notice thereof to its customers . Section 7 . Company Rules . The company shall have the authority to promulgate such rules , regulations , terms and con - ditions governing the conduct of its business as shall be reasonably necessary to enable the company to exercise its rights and perform its obligations under this franchise , and to assure the uninterrupted service to each and all of its customers . Provided , however , that such rules , regulations , terms and conditions shall not be in conflict with the provisions hereof or of the laws of the State of Arkansas or Federal laws or regulations . DEED K6 FADE '493 3 Section 8 . Conditions on Street Occupancy . ( 1 ) Use . All transmission and distribution structures , lines and equipment erected by the company within the City shall be so located as to cause minimum inter - ference with the proper use of streets , alleys and other public ways and places , and to cause minimum interference with the rights or reasonable conven - ience of property owners who adjoin any of said streets , alleys or other public ways and places . ( 2 ) Restoration . In case of any disturbance of pavement , sidewalk , driveway , or other surface , the company shall at its own cost and expense and in a manner approved by the duly authorized representative of the City Manager , 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 , and shall maintain the restoration in an approved condition for a period of one ( 1 ) year . ( 3 ) Relocation . In event that at any time during the period of this franchise the City shall lawfully elect to alter or change the grade of , any street , alley or other public way , the company , upon reason - able notice by the City shall remove , relay , and relocate its poles , wires , cables , underground con - duits , manholes and other telephone or television fixtures at its own expense . ( 4 ) Placement of Fixtures . The company shall not place poles or other fixtures where 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 and inside the curbline , 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 of said streets , alleys , and public ways . ( S ) Temporary Removal of Wire for Building Moving . The company 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 shall be paid by the person requesting the same , and company shall have the authority to require such payment in advance . The company shall be given not less than forty - eight hours advance notice to arrange for such temporary wire changes . pp DEED 816 FACE300 4 ( 6 ) Tree Trimming . The company shall have the authority to trim trees upon and overhanging streets , alleys sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the company . All trimming is to be done under the supervision and direction of the City and at the expense of the company . Section 9 . Preferential or Discriminatory Practices Prohibited . The company 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 , provided that nothing in this franchise shall be deemed to prohibit the establishment of a graduated scale of charges and classified rates schedule to which any customer coming within such class - ificaiton would be entitled . Section 10 . Extension Policy . The company shall file with the City Clerk its extension policy as filed with , and approved by , the Board and the company shall not make or refuse to make any extension except as permitted by this Ordinance . Section 11 . Approval of Transfer . The company shall not sell or transfer its plant or system to another nor transfer any right under this franchise to another without Board approval . Provided , that no sale or transfer shall be effective until the vendee , assignee or lessee has filed in the office of the City Clerk an instrument , duly executed , reciting the fact of such sale , assignment or lease , accepting the terms of the franchise , and agreeing to perform all the conditions thereof . Section 12 . City Rights in Franchise . ( 1 ) City Rules . The right is hereby reserved to the City to adopt , in addition to the provisions herein contained and existing applicable ordinances , such additional regulations as it shall find necessary in the exercise of the police power , provided that such regulations , by Ordinance or otherwise , shall be reasonable , and not in conflict with the rights herein granted , and shall not be in conflict with the laws of the State of Arkansas , Federal laws or regulations . ( 2 ) Use of System by City . The City shall have the right , during the life of this franchise , free of charge , where aerial construction exist , of maintaining upon the poles of the company within the City limits wire 9EED 8 1G PAGE 301 S and pole fixtures necessary for a police and fire alarm system , such wires and fixtures to be con - structed and maintained to the satisfaction of the company and in accordance with its specification . (A ) Compliance with Company Rules • The City in its use and maintenance of such wires and fixtures , shall at all times comply with the rules and regulations of the company so that there may be minimum danger of contact or conflict between the wires and fixtures of the company and the wires and fixtures used by the City . ( B ) Liability . The City shall be solely responsible for all damage to persons or property arising out of the construction or maintenance of said wires and fixtures authorized by this section and shall save the company harmless from all claims and demands whatsoever arising out of the attachment , maintenance , change or removal of said wires and fixtures to the poles of the company . In case of rearrangement of the company plant or removal of poles or fix - tures the City shall save the company harmless from any damage to persons or property arising out of the removal or construction of its wires or other fixtures . ( C ) Other Use . In consideration for the granting of this franchise to the company , as aforesaid , the company will furnish , during the term of this franchise , without installation charge or monthly service fee , service to Primary and Secondary Schools , Fire Stations , Police Stations , City Administration Building , City Hospital and Washington General Hospital , provided , however , that no resale of said service shall be permitted without the consent of the City and of the company . The company will also furnish to the City when requested to do so , one channel for community information programs with all necessary equipment and facilities including but not limited to a suitable studio sufficient to originate and broadcast community information programs at no cost to City . DEED 810 PAGE302 6 ( 3 ) Supervision and Inspection . The City shall have the right to supervise all construction or installation work performed subject to the provisions of this Ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinances . Section 13 . Payment to City . The Company shall pay to the City for the privilege of operating a community antenna television system under this franchise a sum equivalent to two per cent ( 2 % ) of the annual gross operating revenues taken in and received by it on all operations within the City . Said payment by Company to City shall be at the rate aforesaid during the principal term of this franchise . Should Company elect to renew this franchise as provided in Section 16 of this Ordinance , payments to the City shall continue at the rate provided herein unless the City gives notice to Company at least sixty ( 60 ) days prior to the end of any calendar year during the extended term of this franchise . If said notice is given to Company , the Company agrees to negotiate with the City for any proposed levy of a franchise tax for the privilege of operating in the corporate limits of the City pursuant to said franchise . Pro - vided , however , that any franchise tax in excess of 2 % may be passed on directly to the user at the sole option of the Company . Section 14 . Rates . Rates charged by the Company for service hereunder shall be fair and reasonable and designated to meet all necessary costs of the service , including a fair rate of return on the value of the system as a going concern , under efficient and economical management . The Company agrees that it shall be subject to all authority now or hereafter possessed by the City , or any other regulatory body having competent jurisdiction , to fix just , reasonable and compensatory television signal distribution rates . When this franchise takes effect the Company shall have the authority to charge and collect rates not to exceed the schedule of rates attached hereto , designated schedule "A" , and made a part hereof which shall be in effect until changed or modified in accordance with the general standard set out in this section . Section 15 . Records and Reports . The City shall have access at all reasonable hours to all of the Company ' s plans , contracts , and engineering , accounting , financial , statistical , customer and service records relating to the property and the operation of the Company and to all other records required to be kept hereunder . The following records and reports shall be filed with the City Clerk and in the local office of the Company : DEED (SiG PAGE303 7 ( 1) Company Rules and Regulations . Copies of such rules , regulations , terms , and conditions adopted by the Company for the conduct of its business . ( 2 ) Cross Revenue . An annual summary report certified correct by an independent certified public accounting firm showing gross revenues received by the Company from its operation within the City during the preceding year . Section 16 . Term of Franchise . The franchise and rights herein granted shall take effect and be in force from and after the final passage hereof , as required by law , and upon filing of acceptance by the Company with the City Clerk , and shall continue in force and effect until July 7 , 1977 . The Company , its successors , lessees , or assigns , are hereby granted an option to renew this franchise at the end of said term for a period of twenty five ( 25 ) years provided notice of said renewal is given to the City thirty ( 30 ) days prior to the expiration of the fran - chise grant hereunder . Section 17 . Publication Costs . The Company shall assume the cost of publication of this franchise as such publication is required by law . A bill for publication cost shall be pre - sented to the Company by the City Controller upon the Company ' s filing of acceptance and shall be paid at that time . Section 18 . Penalties . Violation by the Company , its vendee , lessee or successor of the provisions of this franchise or any material portions thereof , or the failure promptly to perform any of the provisions thereof , shall be cause for the forfeiture of this franchise and all rights hereunder to the City after written notice to the Company and continuation of such violation , failure or default . Section 19 . Separability . If any section , subsection , sentence , clause , or phrase of this Ordinance is for any reason declared unconstitutional or invalid , such decision shall not affect the validity of the remaining portions of this Ordinance . Section 20 . Ordinances Repealed . That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed ; DEED 810 PAGE 3'14 8 provided specifically that Ordinance No . 1028 , 1146 and 1404 and Resolution No . 12 - 59 are hereby repealed . Section 21 . Emergency Clause . That this action being necessary for the preservation of public health , peace , and pro - sperity , safety , order , comfort , and convenience of the City of Fayetteville , Arkansas , and the inhabitants thereof , an emergency is hereby declared to exist and this Ordinance shall take effect and be in force from and after August 2 , 1971 . PASSED AND APPROVED this /1A�( day of eZW&4e , 1971 . APPROVED : ay or ATTEST : City Cler DEED � �'� PAGE305 SCHEDULE "A" The company may charge no more than the following rates for its services : Residential Rates : (Monthly rate for single family dwelling houses , duplexs , apartment , mobile homes and similar dwellings . This rate is also applicable to . commercial . establishment where service is for sole use of proprietor or his employees or : agents ) . One service outlet $ 5 . 0.0 Two service outlets 6 . 00 Each additional outlet or service jack . 50 Commercial Rates : (For business engaged in sale or repair of television receivers - monthly rate ) One service outlet $ 6 . 50 (No additional monthly charge for -. additional outlets or service jacks in reasonable quanity for display of sets or repair purposes . Additional outlets as required may be installed by customer or will be installed by Trans - Video on a " time and material " basis ) Monthly rate for Hotels , Motels , Rooming Houses (where on - premises meal preperation not permitted as distinguished from apartment houses ) , Fraternities , Sororities , Dormitories and similar uses . One service outlet $ 6 • SO Each additional outlet or service jack 1 . 00 DEED 80 PAA06 SCHEDULE "A" PAGE TWO Special service Rates : Connection Fee $ 4 . 50 Relocation Fee 4 . 50 (To move from one apartment to another apartment or from house to house or similar relocation ) Re - Connection Fee (Where service has been temporarily disconnected voluntarily by customer ) 4 . 50 Re - Connection Fee (NON PAY ) (Where service has been terminated by company for non payment of 7 . 50 monthly service fee ) All money due company from previous use must be paid in full in advance in addition to Re - Connection Fee (NON PAY ) F . M . Connection Fee (For F . M . or Stereo service in location other than location of T . V . reciever ) 7 . 50 Inside move Fee ( To relocate service outlet within same building ) 4 . 50 Special service other than the above will be negotiated by the company and the customer with charges to be based on a " time and material " basis . APPROVED by the Board of Directors of the City of Fayetteville , Arkansas at its regular meeting of August 2 , 1971 . o etta Moore , city er DEED 8i © PAGE301 CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I . LOVETTA MOORE , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correct copy oftheFayetteville , Arkansas , &L&4c ex- / !B. 400 therein set forth , and the same is as it �appears of Record in ©1444%&& (,(4 / AQ.99.®1!t.�lfB1_ �¢ Volume .'4L at PagES4- /2$ thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this 11'�i day of 19 OIOGI.E'.(.C�c �BBZ¢. CITY CLERK �F r � f / P DEED 816 PACE 308 CERTIFICATE OF RECORD AMI OF. ARKANSAS J MleshinRt6n.County ., LPJma L Kollm0er, Circuit Clerk and Ex-Officio Recorder for MfasbinFRon County, do.h'ereby certify that the annexed or fore: Soinglagrimentwas filed for record_in my office on the a ay, 192Zat�o'clocklm and the saRle Is Vuly recorddd in record &/L atpag9o2�;;y� "Oss my hand and seal ti is, (,Qday of 19 'Y/ R ALMA wnj I M FR Circuit Clerk and Ex-Officio Recorded "�.. BY Deputy. Clerk • ..,� r:�:INS. A II 'V' '.e Tfnr `I:i 'rIp' fl lYl' Vi' rNi 'r, rte. r,c t;FOR 111* , ll-[SIGNS. „al al TIT} OSRD OP � Oh rlo- : IT? OF FLY FAT• ,ads: ,Im�I Tlne. This Ordinal rat t■ died as the m -a rI rail0e'{ es ilaflp l nN, r O T0Y andd im-tAI4W dM il r rrmely- r•.ten[ • ldM D r ,- ,. m the rsng. nu ar numM 1.4 %nrin thee al,i n [. <opl.aal 1k word M ea %Mpky'. wail meealaer iM actt a'st. t„ Q1 Arka n b b Qtr &vtw.t 1 ArlWra. eft Of ..fl,mpenv" H the OnMN r- ^'•Is under a Bard of . he aorta of ni the a thigh, .fiwtp uU n, , ptfl- .rvaaDiz .n at any r� .. n,'eanleetbe E[ ell k. (S t!SviuIi litik lei '. , and e d1htbl et �; m . - to theInM1C if. na .. :.z vis I,: rogitaesrih,f F. If ah n n- lel<asnn Drofmml, or both. t61 'rtvstntnY' stop irre of audio or v. trot whethertt, c.fl eMIt N7' [M "s' It mete on x el It, th An yitelto. e u aranl[d 2 1lprivitheCityto tM ten nrorn'• a.i meetteb nd. under . Over and undo[ ,:mac wars end wa „vt or dMan d e enr. dud44.taborsolec and ..I I f.AndM Pen ,'•-r • etld dents. apera- r nr,. 1. and -. e , nn. ale and r .,r Im naiv c -,nl ' ' I ZP: to use r r" rll b the s, w tea' a^I o.- .nr (a P11!'P11!''• cpt tloth trlse ea• " ,o.i N! Illy aerl4 _ :n ran a al m a..te[ eof ... -...K �. ant. while whe any twreon fOr tthe as are or may ee. an Mull I as provided for m tltttilen ordinance. nt )su so /.MIX . ' hener'er it Is nHxP ot or mor pm. at ma mlleta, ere iii In ... Qfa'r A. STATE of ARKANSAS J} as. County of Washington I, -`"t£ -a, �hereby certify that I am the ubl Sher of T E NORTHWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington, Arkansas for more than a period of twelve months, circulated and distributed from an established place of business to subscribers and readers generally of all classes in the City & County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaper publishes an average of more than forty percent news matter. I further certify that the legal notice hereto attached in the matter of ��!� -- o r----- --- ��� �'- -- ---- ------ - --- was published in the regal r daily issue of said newspaper for... / - - - cbnaecntive insertiouf as follows: The first insertion on the _ / A _--. day of LLK 4,LLD.l19..r%f..-. the second insertion on the ....day of ------ .-..- 19 the third insertion on the __ day of - - . __----- 19 -..---.----- and the fourth insertion on the _ day of------------ - ___-- 19--.------. Qca4$% Sworn to and subscribed before me on this __3Q__------ day of .-.---------_ ----------I------_-_-"�� LLB" ------ 19-/f— No blic My Commission Expires: Fees for Printing _------ Cost of Proof --------------- $-..-.-----_- --_--- Total ---------- CERTWICA'rE OF RlCORD State of Arkansas T SS City of F:, :,r' I. T ^4•,. Q]lfl^k flR1 IIu,gAle Ica"i i.. _vvim. IPlm.a� And rond:hons go' citing the nhduet of is busthess as shall be reesonady nee -'I eAsary to enable the Ccenpanv to ever.'. cue its righs and perform its obliga- tions under this franchise, and to as- sure the unmternpted service to each and all of its customers. Provided. how- ever, that such rules, regWabaw, terms and conditions shall not be in mnflic win the Provisions hereof or of the laws of the Stale of Aransas or Fed- eral lawn or regulations. Section g. Csmditlms ae Street Ooetgnnal. (1) Use. All trananission and teen' butim Structures, lines and equip - mad erected by the company with- in the City shall be so located as to muse ri nimum Interference with the proper use or streets. al- loys and other public ways and places, and to roues minimum in- terferenee with the fjgjits or ree- aanabit mnventenee of property owners who adjoin any of mid rtreet, alleys or other public Ways and places. (2) Rmlontlpt. In mss of any dis- turbance of pavement, sidewak, drivewa>s, or other surface, the emnpeey shall at its own coat and expense and In a manner approved by the duly authorized reprwsena- eve of the City Manager, replace and nature all paving, sidewalk, driveway or surface of any street or alley dirturbed, in as good cem dition as before said work was com- menced, and shall maintain the restoration in an approved condi- tion for a period of one (1) year. (3) Reloeatlw- In event that at any time during the period d this fran- chise the City Shall l+whlly elect to alter or dung the trade of, any street, alley or ether public way, the c tpany. upon reasonable no- tice by the City stall remove, re- lay. and relocate its poles, wires, mbles, underground tmduits, man Was and other telephone or tel.- vision fixtures at its own expense. (4) Aaeemml of IDIturee. The tan- pany shall not place poles or other fixtures where the time whl in- terfere win any gas, electric or telephone fixture, water hydrant or main, and all such poles he other, fixtures placed in any street shall': be placed at the outer edge d the Sidewalk and Inside the curbline. and those plated in alleys dull be placed close to the line of the lot, abutting on said alley, and Men in such a manner as not to Interfere with the usual travel of said Strauss, alleys, and public ways. (3) Temporay Removal of Win for RWleieg Moving. The company shall. m the request of any person holding a Building Moving Permit Issued by the City, . temporarily vise or lower its wires to permit the moving of buildings. The ex- pense of such temporary removal. raising or lowering of wires shall be paid by the person requesting the same, and cmhpany shall have the authority to require such pa- ment in advance. The canpam' shall be given not less than forty- eight tours advance notice to ar- range for such temporary w I r e changes. (4) Tree Trimming. The company shall have the authority to trim trees upon and overhanging streets, A. leis sidewalks and public places of the Cl an as to prevent the branches of such trees tram mom- Ing in contact with the wires and cables of the company. All trim- ming is to be done under the su- pervision and direction of the City and at the expense of the company. Section 9, Premnntlal or Dlse,lmlaa• try Practices Prohibited. The company shall not, as to rates, charges, service facilities, rules, regulations, or in any other respect, make or grant any prefer, once or advantage to any person, nor object any person to any prejudice or disadvantage, provided that nothing In this franchise shall be deemed to pro- hibit the establishment of a graduated sale of charges and classified rates sche. dule to which any customer coming with- ) In such classefimtion would be entitled. Section 1t Extramm Policy. The con - t nt shall file win the City Clerk 14 extension polity as filed with, and cep proved by, the Board and the company shall not make or refuse to make any extension except am permitted by this Ordinance. Se„' tUmN" Is plant or system to anotuer nor trnnsfer. any right under WIN val. lire to another without lard approval. Provided, that. no sole or transfer shall be effective until the vendee, assignee or lessee box filed In the duly of the City Clerk an Instru- ment, duly executed, reciting the feel or of such Asia, assignment lease, ac reviling the terms of the franctin. and agpeMg to perform all the conditions thereof. Section 12. City Rix in , Franchise.. (1) City Ruts. The right Is hereby reserved to the City to adopt, in addition to the provisions herein contained and existing applicable, ordinances, such additional regu- lationa dt it shall find necessary in the exercise of the police power,' provided that such regulations, b•' Ordinance or otherwise, shall he reasonable, and not in conflict w14hlI the rights herein granted, and shall not be In conflict win the laws d' State of Arkansas, Federal laws or, regulations, (2) the at System by City. The Oily shall have the right during the life d this franchise, free of charge, where aerial (Thi traction exist, of maintaining upon the polo of the company within the City Wallis wire and pole fixtures neces- sary for a police and fire alarm system, such wires and fixtures to be mnstacted and maintained to the satisfaction of the company and in eeoortlence with Its specifica- tion. (A) Con,pllance with see amity Rules. City The City in Its use and mainten- ance of such wires and fixtures, shall at all times comply with the rules and regulations of the emn- pan)' so that there may be mini- mum danger of contact or conflict between the wires and fixtures of the company and the wires and fixtures used by the City. (R) uaoNty. The City shall be solely nesres,si bit for all damage to per - lions aor property arising out of the construction or maintenance of said wires and fixtures authorized by this section and shall save the company harmless from all claims and demands whatsoever arising: out of the attachment, maintenance, change or removal of said wires and fixtures to the poles of the company. In case of rearrangement of the company pelt or removal of poles or fixtures the City shall Ave the ampany harmless from any damage to persons or prop- erty arising out of the removal or construction of its wires or other }fixtures. (C) Other Csa. In consideration for the granting of this franchise to the company, as aforesaid, the, company will furnish, during the term of this franchise, without in- stallation charge or monthly sen'- ive fee, service to Primary and Secondary Schmis, Fire Stations, Police Stations, City Administration Building, City Hospital and Wash. Mg General Hospital, provided,! however, Nat no resale of Aid' service shall be Permitted with - rat the consent of the City and of the company. The company wing also furnish to the City when re- quested to do m, one channel for all information programs with lih eAh necessary not e and taoililies including but ut limited to a suitable Media sufficient to originate and broadcast CTht'munity information ation programs at no cent N City. (S) Sispeflisk, and Inspection. The City. shall li have the right to sumr- vise all Construction or installa- tion work performed subject to the provision. of this Ordinance and to make ano try As m as It mall find necessary m insure nanpn. ram with governing oMtnnces. _ _ I U o of m• _, taken s and received he b. !t oft y ent bye Company within the shall Said the at by odto City shall be at Ne rate of aforesaid during cal principal term to this franchise. Should Compny elect to renew this franchise as provided b Sec - tire, eI6 d all Ordinance, payments to the City shall erum o at the rate pro- vided c,herein unless the City gives no- tice to Company e least sixty (car dear prior m the end d any m1-11 fl year during the random is given al Cam. wetly, icy fun y _y fltiPromise nlevy or e with the City for any proposed law of a franchise hex for the pr lof op- erating in the corporate e- the Cory pursuant said franchise- ta. cess fhowever, lytthat any asedise tax in e lyexcess 2,s may be passed on e[lC to the user at the sole option of the Obn pan3'• Sarmny 14. for service hereunder shall be me and reasonable r and designated fe to e ice, all u necessary costs of the service, uludng a fair rate of return on the value of the system as a going manage, under efficient and economical eomicat It shall a bens. The Co aut agree thor be subject b all authority r aony hereafter possessed by having Cit'o or any other regulatory body roonpa and jurisdiction, b fix just, lreasonable and rates.compensatory hen this signal distribu- tiontae rates. pNss franchise takes enact the Company shall ct the not thority to ivecharge and collect rates not thed exceed the aced sclehedule of rates ', and hereto, designated her xwhich "A", and made a part hereof or h shall m in effect until changed nalmodified sain act out'd in with the general standard set out Iti t this section. Section 15. have and Reports. The City shah have access at v's planie s. hours to all of the (ring, acd plang, contracts and ti engineering, eustorn accounting, Serv- ice cefinancial, statistical, o the pr and sere-: ion operation perat relating or propariv n and: the d the Company and to h- ell other records required to be kept here - an In the local office of the Company - (1) Otmpany Robe and ReaWahms. Copies of such rules, regulations. terms, and conditions adopted by the Company for the conduct of its business. (7) Gross Rexene. An annual sum- mary report certified correct by and independent certified public accounting firm• showing gross rave-' nues received by me Company from its operation within the Cit• during the preceding year. Section 16. Term of Franchise. The franchise and rights herein granted shall take effect and be in force tram end after the final passes hereof, as re- quired by law, and upon filing of ac- ceptance by the Company win the City Clerk, and shall continue in force and effect until July 7, 1971. The Company. its successors, lessees, or assigns, are hereby granted an option to renew this franchise at the end of said term for a period of twenty five (251 years pro- wiled notice of mid renewal is given to the City thirty (301 days prior to the expiration of the franchise grant here- under. Section 17. Publimdo Costs. The Cbm• Deny shall assume the cost of publica- tion of this franchise as such publim-� lion is required by law. A bill for publi- cation cost shall be Presented N Me'I Company by the City Controller upon the Company's filing of acceptance and' shall be paid at that time. Section 15. Penalties. Violation by the Company, its vendee, lessee or successor of the provisions of this franchise or any material provisions thereof, or the; failure promptly to perform any of the provisions thereof, shall be cause for tens forfeiture of this franchise and Ali rights herender to the City after written no- tice to the Company and continuation Cl such vidatan, failure or default. Section 19, sepgvbDl4. R any section. subsection, sentence, clause, or phrase of this Ordinance is for any reason de- clared m,Nrlathutimal or invalid, such decision shall not affect the validity of the remaining positions of this Ord, nanre. No. 1'-6n are hrren• Section 21. Frierson" Clause. That this action being necessary fee the pres- ervation of public health, peace, and prosperity, safety, order, comfort, and convenience of the City of Fayetteville. Arkansas, and the inhabitants thereof, an emergency is hereby declared to exist and this ordinance shall take effect and be in force from and after August t 1971. PASSED AND APPROVED it,, 11th day of August, 1971. APPROVED: S. F. Starr, Mayor ATTEST: InVetta Moore, City Clerk SCHEDULE "A" The company may charge no rain, than the following rates for its sera Ices: Residential Rates: (Money rate for single family dwell- ing houses, duplexes, apartment, mo- bile home, and similar dwellings. This rate is also applicable to commercial establishment where service is for sole use of proprietor or his ammploy- eea or agents) One service outlet ....................... 15.00. Two service outlets ......_..._._..... elm Each additional outlet or service Jack _.____.............. .50 Commercial Rat": (For business engaged in sale or re- pair of television receivers - money rate) One service outlet 36.50 (No additional monthly charge for ad. ditional outlets or service jacks Ii reasonable quantity for disolay of seta m repair purposes. Additional out- lets as required may be InslallM h customer he will be installed by T'n Video on a 'time and material by j Monthly rate for Hotels, Motels, &r• ing Houses (where on -premises n: Preparation not permitted as d:-' guished fran apartment houses). I ternitieaSororiliec, Dormitories Any similar • uses. One service outlet.... _._....._... 36.50 Each additional outlet or Service Jack ...................... 1.00 Special service Rates: Connection Fee __..._.................... g4.J0 Relocation Fee .4 ,50 (To move from one apartment to an, other apartment or from hoofs to house or similar relocation) Re -Connection Fee (Where service has hale temporarily diaemnected voluntarily by rvsto- mere 4.50 Re -Connection Fee (NON PAY) (Where service has been terrnina''! by canpany for non payment of nn IY service fee All money due company from pi-rrini. . use must be mid In fun In advance in addition to Rehnneclon Fee (NON PAY) F. M. Connection Fee (For F.M. M Stereo service In location over than location of T.V. receiv- er, _...... _..... 7.50 Inside move Fee (To relocate service outlet within same building 4.50', Special Service other than the above will be negotiated by the company and the customer with charges to be based on a "time and material' basis. APPROVED te' the /vac of ri••-'-r' he the City of Fayetlev!lle. .Arks' •. its regular meeting of August Lovett, Moot. City Clerk Ile 14