HomeMy WebLinkAbout628AdCE GH ivTI G TO TOii: Ci OATE, D;!B/A CGi U1`vITY
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Fr�AIvCI ISl;, LIGHT, _ 1\JD i'i IVIL AGE T'U' 'SE ALiD OCCUPY
FOR ITS 1 �ILEVISIOI,' SE'RVICE ThE STRIETS � � ' r:, S r
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�' �Ya, BRIDGES ALLAYS, PUBLIC GROUNDS ATPD PLACTIS
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WITHIN THE CI`T'Y OF B T �'SVILLZ, IT'D �I "' � COUNTY , U'
�� �1vP�1V�,c �C.U�dTY,
r�Rkjli StiS, FOR THS UU'�FGS Uig ERECTIEG �Li;;TtiUCTIT�'G,
C KING, LT" SING, Oil OTHER'.'IS� "iC: U`IRING i".TAI NI1vG
OF 'RATING T:;LSVISICN LINE") TO BE USED IN FU �1vISH
iTvD
ING OR HE LYING THE i,:UNICIPALITY A1`�D ITS ITtiHArITAiv TS
CR it1Ly P_��i SGN' Cly CORPOR.,1TION ''.;ITE "01,,L_�VISICN SIGNALS.
BH IT ORDAIN`SD LY THE CITY COLI` CIL CF THE CITY OF L�; T1,�S-
VILLE) COUNTY, AEL1;�TvS1yS:
SECTION I
That Tom Choate, d/b/a Community Antenna Company, his
successors and assigns, be and he is hereby granted the ex-
clusive right and/or franchise to furnish direct wire recept-
ion of television programs to the citizens and residents of
the City of Batesville, Independence County, Arkansas, by
means of the establishment of a master antenna utilizing a
master control unit and amplifier and relaying the television
signals directly' into the individual television reception
sets for a period of five years from the effective date of
this ordinance, together with the rip -ht to erect and maintain
such poles, wires) fixtures, etc., along the alleys of this
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 in general, and to use and occupy
for its television cables the bridges, lanes, alleys, and
public mrounds and places within said :municipality for the
purpose of erecting, constructing, laying, owning, leasing,
or otherwise acquiring, maintaining and operating such
system, all such right and use to be and continue on the
conditions and terms as herein stated; present utility poles
may be used iiith permission of oi,,rners.
,,, II
Said poles and .,fres shall be placed and maintained so
as not to interfere with travel or use of such streets, alleys,
f a�.
or public ways of said city, and said Tom Choate, u,'b/a
:;ar�munity 'antenna Cori.�any, his successors and assigns,
shall 1,old said city free and harmless froia damages arisin
from any abuse or negli;ence of said occupancy. raid roles
and wires shall be rlaced so as not to interfere with the
flow of water in any sewer, c.rain, or gutter, or viith any
p.as or water pipe lines; and this grant is trade 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 proper from time to tii,ie to adopt not destruct-
ive of the rights herein granted.
S'�C'iIvii III
That Tom ] oate, d/b/a Community _antenna Ccmr.any, his
successors and assi,;ns, be ana he is hereby -ranted the
authority, right, and privilege to set, control, and re u -
late the fees for such services to the individual consumer
and user during the period provided for in rection I of this
Ordinance, subject to the approval of the City Council and
any and all other State and/or Federal reE.ulations controlling
same, or any and all other regulatory bodies; said fees to be
fixed on the basis of a reasonable return or the �ranteels,
his successors and assi,-,ns, investment, in addition to main-
tenance and installation costs, and the same to be just and
reasonable and not to exceed One Hundred Dollars (,100.00)
for the ori,7inal installation to each individual consumer
and user, and not to exceed the sum of `Three and #0/100
Dollars (,,!3.00) per month for the individual user and con-
sumer in a home, and not to exceed the sum of Five 'dollars
(,,6'5.00) per ironth for the individual user and consumer in
a commercial place of business, said rates to apply for
reception on one station, and as new stations are available,
additional rates shall be set by the franchis-a holder as are
just and reasonable in order to take care of additional ex-
pense to the operating company, all of which shall be subject
to the approval of the City Council and of any other re-p;ula-
.rr
tory bodies possessing supervisory powers.
O�,'CTIOTd IV
That Tom Choate, d/b/a Community iintenna Company, his
successors and assigns, be and he is hereby further granted
an option to renew this exclusive riptt and/or franchise at
the end of the five year period as referred to in aection
I of this Ordinance, terms of said renewal to be agreed upon
by the said Tom Choate, d/b/a Community ILntenna Coiiipany,
his successors and assisrns, and the City Council of the City
County, Arkansas, after notice
of Batesville, Independence
in writing by the franchise holder herein for thirty (30)
days prior to the expiration of the right and/or franchise
granted hereunder,
,+,ar;mTr'i.r ZF
any right, privilege, or franchise F ranted by virtue
of this Ordinance or by resolution adopted in connection
herewith on the day of ' 1951' shall
become absolutely and entirely void unless Tom Choate, d/b/a
Community :antenna Company, or his successors and assigns,
shall commence bona fide construction within six (6) Months
from the date of the adoption of this Ordinance, and shall
commence service within twelve (12) months from the date of
the adoption of this 6rdinance, or 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, or if
the said Tom Choate, d/b/a Community 'ntenna Company, his
successors and assigns, shall engage in the sale of tele-
vision sets or television equipment within the corporate
limits of the City of Batesville, -Independence County, 1':rk-
ansas, or if the said Tom Choate, d/b/a Community .ntenna
Company, his successors and assigns, shall fail to furnish
as requested free television signals to the college and
schools of tris city.
_��TI DA�' VI
That all ordin�.nccs and parts of ordinances in conflict
hcrei ith are hereby repealed; and this action beim,.necessary
for the preservation of the public iealth, ,,,ecce,prosy erity,
safety, order, comfort, and convenience of the Cite of _ates-
ville, Independence County, Arkansas, ,and the inhabitants
thereof, an emer ency is hereby declared to exist, .end this
ordinance shall take effect and be: in force fro11 and a.ftcr
its �a n� m X.).
this 11th `iay of -ptember, 1951.
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