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Ord #9

AN ORDINANCE GRDENTING TO TEXAS COMMUNITY ANTENNAS, INC., A FRANCHISE TO USE THE PUBLIC STREETS AND ALLEYS OF THE TOWN OF JOHNSON, ARKANSAS, FOR THE PURPOSE OF ERECTING, CONSTRUCTING LEASING, OR OTHERWISE  ACQUIRING AND MAINTAINING TOWERS, CABLES, PO&ES AND EQUIPMENT TO BE USED IN FURNISHING OR SPUULYING THE INHABITANTS OF JOHNSON, ARKANSAS, WITH TELEVISION AND OTHER ELECTRONIC SIGNAL SERVICES; PROIVIDING FOR PAYMENT FOR THE USE OF THE STREETS, AND CONTAINING OTHER. MATERIAL PROVISIONS AS SET OUT BELOW,

 

BE IT ORDAINED BY THE CITY COMIVIISSION'OF THE, CITY OF JOHNSON, ARK:

 

SECTION I:

There is hereby granted to TEXAS COMMUNITY ANTENNAS, INC., its successors, assigns and lesees the rights; privileges and franchise for a period of twenty (20) years from the efeective date of this ordinance to construct, maintain and o erate in the present and future streets, alleys and public places of the Town of Johnson, Arkansas, poles, lines, cables, necessary wiring and other apparatus for the purposes of receiving, amplifying and distributing television and other electronic signal services tosaid city and the inhabitants thereof, and the inhabitants outside of such corporate municipality living within a reasonable proximity thereof. 

 

SECTION II:

Said poles and wires shall be placed and maintained so as not to interfere with travel or use of such public places, streets, alleys, roads or high­ways of said town. TEXAS COMMUNITY ANTENNAS, INC., its successors,

lesees and assigns shall hold the city free and harmless from any damages arising from any abuse or negligence of said company. The 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 pipeline or any other power or telephone lines, and this grant is made and is to be subject to all such reasonable pgulations and ordinances. of a public health and safety nature as said town may authorize or see proper from time to time to adopt, not destructive of the rights and privileges herein granted.

 

SECTION III:

Since Texas Community Antennas, Inc: is now and has for several years been providing such a television signal service in the adjoining city of Springdale, .Arkansas, it is contemplated that such service will be an extention of such service in Springdale and will operate in conjunction with the same service provided in Springdale Texas Community Antennas shall charge rates for such services which shall not be in excess of the rates charged for the same services in Springdale. The town of Johnson acknowledges the present rates for such services in Springdale, in particular the base rate of $4. 75 per month for the first service outlet in a residence or place of business; such rates now apply to the signal services now being furnished, ang. grantee reserves the right to alter such rates upon the introduction of new signals or new services which may be offered in the future but which are not now contemplated. In such case, the rates charged the subscribers in Johnson shall be the same as those charged for the same service in Springdale, Arkansas.

 

SECTION IV:

The grantee may trim trees upon and overhanging the streets and alleys to the extent reasonably necessary to prevent the branches from coming in contact with the wires or cables of the grantee, under the supervision and direction of the Mayor and Town Council of Johnson, Arkansas.

 

SECTION V:     

Upon the granting of this franchise herein ordained, grantee agrees to pay as a franchise privilege fee the sum of $100. 00 for the period of five years from this date, after this five year period has expired, the grantee agrees to pay to the town of Johnson, Arkansas the sum of 2% of the service charges collected within said town. Said fees shall be in lieu of all other franchise taxes, pole taxes and other taxes, other than ad valorem taxes. Said 2% shall be based upon the gross receipts of  service charges collected after  deducting any state and/or federal gross receipts taxes, if any. The grantee will submit with the franchise fee payment, during the month of January each year for the previous calendar year a full and complgte statement foithe gross service charge receipts of grantee within the saFq... Such statement shall be prepared by a certified public accountant.

 

SECTION' VI:

At all times during the effective period of this franchise, grantee shall have procured and kept in full effect policy or policies of public liability insurance, ciwering public liability and property damage in a minimum amount and said grantee shall, if requested, furnish and provide the Town Cleck of the town of Johnson satisfactory evidence that such policies are in full force and effect.

 

SECTION VIII:

If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or unconstutional, such invalidity shall not effect the validity of the remaining portions of this ordinance, and all ordinances and parts of ordinances in conflict herewith are hereby repealed.

 

The fact that TEXAS COMMUNITY ANTENNAS, INC. has requested a franchise to do business in the Town of Johnson, Arkansas, and the further fact that said business, if conducted properly, will benefit the citizens Town, and the further fact that the grantee wishes to begin preliminary planning work immediately constitutes an emergency and imperative public necessity, that the rule requiring ordinances to be read at three meetings of the Town Council be suspended and said rule is hereby suspended; and this ordinance shall take effect immediately upon its padding.