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ORDINANCE NO.
<br /> AN ORDINANCE AUTHORIZING RITTER COMMUNICATIONS, ITS SUCCESSORS
<br /> AND ASSIGNS, TO CONSTRUCT, MAINTAIN AND OPERATE A
<br /> COMMUNICATIONS NETWORK WITHIN THE CITY OF BATESVILLE, ARKANSAS,
<br /> LEVYING A FRANCHISE TAX, PROVIDING FOR THE PAYMENT THEREOF,
<br /> DESCRIBING THE METHOD OF COLLECTION, DECLARING AN EMERGENCY
<br /> AND FOR OTHER PURPOSES
<br /> WHEREAS, Ritter Communications is constructing a communications network
<br /> within the City of Batesville, Arkansas; and
<br /> WHEREAS, the City Council desires to grant Ritter the privilege of operating and
<br /> maintaining a communications network franchise by franchise agreement as set forth
<br /> herein,
<br /> NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
<br /> OF BATESVILLE, ARKANSAS:
<br /> SECTION 1: That permission be and is hereby granted to Ritter, or its other
<br /> business names and its successors in interests, assigns, and subsidiary or parent
<br /> corporations or limited liability companies, subject to the regulatory authority of the City
<br /> Council and the FCC and other regulatory authorities, to construct, maintain and operate,
<br /> its poles, posts, cables, wires, and all other necessary overhead apparatus on, over and
<br /> along; and its conduits, ducts, mains, pipes, cables, wires, manholes, distributing poles
<br /> and all other necessary underground appliances on, in, under and through the streets,
<br /> alleys and highway, within the limits of the City of Batesville, Arkansas, and to sell,
<br /> furnish, transmit and distribute communications services within the corporate limits of
<br /> the City of Batesville and to use the property of other companies and permit other
<br /> companies to use its property upon such arrangements as the two companies may
<br /> agree, subject to the following conditions:
<br /> SECTION 2: That all poles erected by Ritter shall be located so they will not
<br /> interfere with the safety or convenience of persons traveling on or over the said streets,
<br /> alleys and highways; and in the work of installing and maintaining any underground
<br /> system, Ritter shall not open or encumber more of any street, alley or highway than will
<br /> be necessary to enable it to perform same with proper economy and efficiency; nor shall
<br /> it permit such opening or encumbrance to remain for a longer period than shall be
<br /> necessary to do the work for which said opening shall have been made.
<br /> SECTION 3: That all work done under the provisions of this Ordinance in said
<br /> City, shall be subject to the supervision of the City Engineer or some other
<br /> representative appointed by said Council and Ritter shall replace and properly relay and
<br /> sidewalk or street pavement which may have been displaced or damaged by it in the
<br /> construction and maintenance of its system in said City.
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