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HomeMy WebLinkAbout662ORni�ANCE No. 0 , 1 AN ORDIuhNCB GPANTING TO ppmMITY ANT RA OWANY, IHC., Q1 BATESYILL , AgEMAS. ITS SUCC aS RS, LMORS AND ASSIGNS, A I'RANORISg, RIGHT. AND pRIVILAOI TO USE AND OCCUpy OR ITS T]MNYISIOj sjaVICx TE STREETS, AMUMS, KJORWAYS, BRIDGES, LADS, ALLUS, pUSLIC QMUNDS AND FLACKS WITHIN TAN CITY ON BATISVILLE, IMPAIDING1 COUNTY, AWANSAH, ICOR TRZ PCRMB Of I MT110. CONSTRUCTIxG, OWN. INti, LRASISO$ OR OTSHRWISN ACQUIR11G, "INTAININQ, AND oP ATINO TYLVISION LIMA 10 BN USED IN IURNISHING OR $UppLYINO THN KUNIOII'ALITY AND ITS II ABITANTA OR ANY FM* Sol oR CORPOPATION WITH TILVISION SIGNALS AND ALL ASSOCI+ ATBD BUSINAS $11016SARY To THI OpMATION AND IMFILLICUT or THIS YWCHISN. BN IT ORDAIN:ND BY THE CITY 0Ot3HCIL OI' THt CITY Of BATIBYILL ", INDEMDUCE COUNTY, ARUN W 3 - Ef N). . That Community AntAana CoIspanY, Incorporated, its successors and assigns, be And it is hereby granted the exclusive right andfor franchise to ftraish direct hire reception of television Programs to the citizens and residents of the City of Batesville, Independence County, Arkaneas, by means of the establishment of a master antenna sYstsa► utili- tag a master control unit and amplifiers and relaying the televisions signals directly into the individual television receivers for a period of ten Tears from the effective date of this ordinance.#together with the right to erect and maintain such Doles, wires, fixtures, etc., along the alleys of this city as may be necessary and Convenient for its business as a television signal lhrnisher in supplYing the citizens in said city and the pFablie in gekeral., and to use and oconpy for its television cables the bridges, lanes, alldYs, and public grounds and places within said municlpality for the purpose of erecting, constmoting, laying, owning, issuing or otherwise acquiring. maintaining and operating such system) all such right and use to be and continue on the conditions and terms as stated; present utility poles may be used with permission of w I s ;..1 Said poles and wires shall be placed and maintainfA so as not olio WAY* interfere with travel or vise of such streets, alleys, or pu of said city, and said COmmuity Antenna Company• lnccrporetedg its sera• cessors and assigns, shall hold said city free and hamless From damages sacs Of said oco pancy. Said poles and arising from any abase or aeglig wires $ball 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 trade and is to be eo30yed subject to all such reasonable regulations and ordinances of all"" nature as said city gay authorise or may see proper Fnm time to time to adopt not destructive of the rights herein granted. Ino••its successors and assigns That Cone ity Antenna Co., be and it is hereby granted the authority, right and privelage to set the fees sad charges For such service to the indiviftal consumer sad user during the period provided for in 30woon I of this prdiaaace, sub* 3 ec t to the approval of the City Council and SAY and all other State and/or Or any wad, all other regulatory bodies; pederal xegul.ations Or,ntrolliag $806, .said tees to by tined on the basis Of a reasonable return OR the grsntees* its successors wad assiAs• iavestment. The current rate schedule, which hes been app'ro'ved by the City Conn"' of the City of Batesville, Indspeadeaoe County, Arkansas, is divided into three separate rates providing the sub- scribers with an Option as to the contract thesubscriber eri desires to y' ti&te for paysent Of the attaobment and service fees' rates apply ray to arms now served. The rates are as f011Owsa ATTACH*T G�! U SU $59+50 $3.50 Bate # 1 $29.50 $4.50 Bate # 11 Bone $6.50 abahte #III addition to the a'bov'e listed rates, if the subscriber desires sat' addi- in supplied at an additt�otwal initial charge of tional outlets these will be llan for each additional Outlet ,and with a bitty Twenty and no/100 ($20.600) B° rge thereafter For each outlet where the its neat (.50) monthly service chs staliment of additional outlets can be classified as within nOr><sl install- ation category; in those cases where the installation is classified as as unusual or difficult, additional Charges will be based on materials and labor expended and required for the said installation, subject to a prior quotation by the company and, approved by the subscriber of said additional, charges. !Whose subscribers who prefer not to pay an attachment charge under Flats I or hate ii, but who desire to take advantage of Sate III will be required to use said service for a period of at least three months with the monthly service charge for this period payable in advance, A sub. scriber who contracts for the service under hate III may not resell or assign the service. Subscribers who obtain the service under Rate I or Rate II have the right and privelage, should thep move from the place of original installation, to assign or resell the attachment. In this event there will be no charge to occupant so long as it is not necessary to nous the installation to a new location. Subscribers ander Rate I or Rate II who elect to resell or *sign the service and desire that the low Cation of the installation be changed a reasonable charge for the materm• ills and labor shall be assessed in order to defray the additional ex- penses of the change of location, said charge not to exceed the sun of rift een and no/100 015.001 DDIlars. Any schedule of proposed change or revision of such rates shall be filed with the City. Franchise holder shall have the right to a hearing hereon by the City Council within 30 days. Said revised schedule of charge* shall not apply and be operative until same is approved by the City Council..4, The Community Antenna Company, Incorporated, of Batesville, Ark. ansae, its successors and assigns hereby will provide the City of Batesville, Independence County, X*ansas, an operating statement within a reasonable time after a request made in writing by the City Council of said Ilatesville, Arkansas. Any right, privelage or franchise granted by virtue of this Ordinance shall become absolutely and entirely void ualsss prior appro ml is obtained from the City Council of the City of Batesville,' Independenes 00unty, Arkansas, if at any time servioe is discontinued by the said franchise holder for a period of three months after service has beez is operation or Lf the said CGROMait7 Antenna Comp,Lnyl, Inc., of latssville • A*sneas, its successors and assigns, shall e0sage Is the sale of tel"Ision sets or ierviee of television sets within the corporate limits of the City of atesville0 Iadep6ndea4e0ount7, Arkansas, or If the saij 00aftAitY Antenna 4m7• Ino.,, of Batesville, Arkansas, Its successors or assigns shaal it to !tarnish as r 1 • requested, free television signals to the college or chools of this City. The C=omm►uaity Antenna Cbmpny, Iso., of BatesKll e* Ai'kans ay► the City of Satassvills, independence Coot as• shall 7• Aansasa# for the privy oee andright granted by this franchiss the stn of I'"it Mach subscriber per t% ieente �.g0j far P year said sac to be payable on a moktAiy' basis teeth day of each south. This a t' the Payment _ n t shall, be ao oasaegaa, eg with a resort bowing the Rmber of subscribers as of the first dq of +a� OR paid to the city of Batesville month. The cosa�pany, wt11 b e rub j ec t to row sgotiation upon the expiration of a said five year perio# txbe t,,,pis Ordinance is adopted,, .'+s, that all ordinances and parts of ordinances to conflict herewith e hereby repealed; and this action being necessary hr the preservation the public health- peace, prosperity, Safety',ord nieacs of the tiity of $atesvilis, Independence err comfort and oo� fib. Arkansas and the bitants thereof,, an emerge dinaaoe shall aey is hereby declared h stist• and this take effect and be in force ADpPi'gp PHIS_ 'Z - as f and atter Its passages � 57. -----.�. Y of �. TM Ts 1taXo$ R T I ]PICA T OW L,�. ". City Y C1 erk of the City of Batesville, Arkansas# do HIMMy CXRTIFY that the foregoing four (4) pages of typewriting are a true mad correct copy of the £lydinaaee► it Purports to be as sm's aPPea r* of record in the or•. diaance Record of said City. I IS T UTImoly jWnWy, I hereunto set ay hand and seal of said office at Batesville, Arkansas, on this the «�_ day of 1957.