10495r
ORDINANCE NO. 10,495
AN ORDINANCE OF THE CITY OF LITTLE ROCK, ARKANSAS
GRANTING TO MIDWEST VIDEO, INC.,.AND ITS SUCCESSORS
AND ASSIGNS, A PERMIT.TO LOCATE, CONSTRUCT, MAIN-
TAIN, 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 ;M 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 CF.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 Midwest Video, Inc., a. corpora-
tion, (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, underground 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, cables 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
tourers, 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 location
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
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of its facilities and shall indemnify and hold harmless the City
from any and all liabilities, claims, demands or judgments 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 practie's, 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 construction, 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 necessary
requirements of small localized areas. Such changes to be affected
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 grant-
ing of the permit. No paid advertising or commercials will be permitted
through cables or wires.
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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
less federal taxes
further sum annually equal to two (2) percent of the gross revenues //
from all sources received by the Grantee from business conducted
under this permit; provided that at the end of five t5) 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 morethan 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 110 of
each year. The City shall have all reasonable rights of inspection
and audit of the Granteets books and records.
PASSED: April 8, 1957
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