10496ORDINANCE N0. 10,496
AN ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS
GRANTING TO ROWLEY UNITED THEATRES, INC., AND ITS
SUCCESSORS AND ASSIGNS, A PERMIT TO LOCATE, CONSTRUCT,
MAINTAIN, AND OPERATE A SYSTEM OF EXHIBITION OF
MOTION PICTURES IN THE HOME BY ELECTRONIC MEANS IN
THE CITY OF LITTLE ROCK, ARKANSAS- AUTHORIZING THE
USE, RIGHT, PRIVILEGE, POWER AND AUTHORITY TO
CONSTRUCT, MAINTAIN, OPERATE AND REMOVE, IN$OVER
AND ACROSS THE STREETS, AVENUES$ PARKWAYS AND
PUBLIC PLACES THE NECESSARY EQUIPMENT FOR THE
OPERATION OF THE SAID SYSTEM IN THE CITY OF LITTLE
ROCK, ARKANSAS; PROVIDING FOR THE REGULATION
THEREOF AND PERMIT FEES FOR SAID OPERATION.
BE IT ORDAINED BY THE CITY !COUNCIL OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. There is hereby granted by the City of Little Rock,
Arkansas, (hereinafter called City) to Rowley United Theatres, Inc.;
a corporation, (hereinafter called Grantee), and its successors
and assigns, the right and privilege, for a period of twenty (20)
years from the effective date of this Ordinance, to construct,
maintain and operate in the present and future streets, alleys and
public places of the City, necessary wiring, cables, poles, under-
ground conduits, man holes, and other apparatus for the purpose
of operating and extending to the citizens of Little Rock and the
inhabitants thereof, a system of exhibition of motion pictures in
the home by electronic means. There is hereby granted the further
right, privilege and authority to the Grantee to lease, rent, or in
any other manner obtain the use of such towers, poles, lines, cable
and other equipment and facilities from any and all holders of
public licenses and franchises within the corporate limits of the
City of Little Rock, Arkansas, and to use such towers, poles, lines
cables, and other such equipment and facilities, subject to all the
existing and future Ordinances and regulations of the City.
SECTION II. The Grantee shall, at all times, make and keep
full and complete plats, maps and records showing the exact loca-
tion of all connections to homes served by Grantee in Little Rock.
SECTION III. The Grantee shall comply with all Ordinances
and regulations with respect to construction, repair, extension,
maintenance of its facilities and shall indemnify and hold harmless
the City from any and all liabilities, claims, demands or judgments
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growing out of injury to any person or damage to any property
as the result of the violation or failure on the part of the
Grantee to observe its proper duty arising out of the construction
repair, extension, maintenance or operation of its facilities used
in connection with this permit.
SECTION IV. All installation of equipment shall be of a
permanent nature, durable and installed in accordance with good
engineering practice, and of sufficient height or depth to comply
with all existing City regulations, Ordinances and State laws so
as not to interfere in any manner with the rights of the public or
individual property owners and shall not interfere with the travel
and use of public places by the public, and during the construetior
repair or removal thereof, shall not obstruct or impede traffic.
SECTION V. The City reserves the right of reasonable regula-
tion of the erection and construction of any work by the Grantee
and to reasonably designate where such works and construction are
to be placed. The Grantee shall, when requested by the City, make)
minor changes in its equipment to conform to the reasonable neces-
sary requirements of small localized areas. Such changes to be
effected within a reasonable time after request is made.
SECTION VI. The Grantee shall have the right to assign this
permit, subject to the approval of the City Council of the City.
SECTION VII. The permit herein granted is non - exclusive and
shall not limit or affect the right of the City to grant a like
permit on identical terms to any other person, firm or corporation
deemed responsible by the City.
SECTION VIII. The Grantee shall make available substantial
service under this permit within two years from the date of the
granting of the permit. No paid advertising or commercials will
be permitted through cables or wires.
SECTION IX. As a permit fee and as compensation for the rights
and privileges enjoyed hereunder, the Grantee shall pay to the City
the sum of One Hundred Dollars ($100.00) per annum and the further
sum annually equal to two (2) percent of the gross revenues, less
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Federal taxes, from all sources received by the Grantee from
business conducted under this permit; provided that at the end of
five (5) years from the date of the granting of this permit either
the City or the Grantee may request renegotiation of the amount
of the percentage revenues payable under this Section IX by giving
written notice of three months to the other party, but in no
event hereafter shall the amount be fixed at more than four (4)
percent of the gross revenues. At the end of each succeeding
five (5) year period either party may in like manner request
renegotiation but in no event shall the amount be fixed at more
than four (4) percent of the gross revenues. The Grantee shall
Promptly furnish the City at the end of each calendar year with
a detailed statement of gross revenues received during such year
and shall make full payment of all annual fees due here -under
by January 20 of each year. The City shall have all reasonable
rights of inspection and audit of the Granteets books and records.
PASSED: April 8, 1957
ATTEST:
APPROVE .�
MAYOR