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3763 RESOLUTION NO. 3 763 A RESOLUTION GRANTING KEY TOURGUIDE SYSTEM, INC. A FRANCHISE FOR A PERIOD OF THREE YEARS TO INSTALL, OPERATE AND MAINTAIN COIN OPERATED MACHINES CAT.T,F:D "AUDIORAMA" IN THE LITTLE ROCK MUNICIPAL ZOO; AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE B3ARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. Key Tourguide System, Inc. , a Tennessee corporation with its principal office at 638 Sterick Building, Memphis, Tennessee, is hereby granted a franchise for a period of three (3) years from the date hereof to construct, develop, install, maintain and operate coin operated machines called ". udiorama" at the Little Rock Municipal Zoo. The said machines shall by tape recording be capable of describing and furnishing information all pertaining to animals of the zoo. SECTION 2. The machines authorized by Section 1. hereof shall be of a type which will require a dime (lU ) or two nickles (10 ) for one (1) play; said machines shall be located and/or relocated at such places as may be designated by the Director of 'arks and Recreation, all at the expense of the Franchisee. City shall maintain the said machines with parts and supplies to be furnished by the Franchisee to the extent that such maintenance can be performed in the field, it being the understanding that any maintenance and/or repairs that neces- sitate removal of a machine shall be done by the Franchisee at its sole expense as to removal, maintenance and replacement costs. All maintenance and care performed on the part of the City will be done in accordance with advice and instructions furnished by Franchisee. SECTION 3. The City shall be responsible for the collection of all monies from the machines and maintaining at all times an accurate record of the number of plays recorded on each machine and the total collections from each machine, all on forms to be supplied by Franchisee. Copies of such • • -2- records will be furnished by the City to Franchisee by the 20th of each month for the preceding calendar month. From the total revenue received from the machines the City shall retain as a license fee the sum of fifteen per cent (15%), of the gross income. For this purpose gross income is to be determined by deducting sales, use, and/or privilege taxes, if any, from gross receipts. In addition Licensee shall retain ten per cent (10%) of the gross income from all machines as a service charge for servicing said machines as provided for in Section 2. hereof. The balance of the gross income from the said machines shall be paid to Franchisee by the 20th of the month for the period represented by the preceding calendar month. SECTION 4. The machines shall remain in the property of the Franchisee and shall not under any condition be construed as a part of the real estate. SECTION 5. This Franchise may be cancelled by Franchisee or the city upon written notice of such cancellation mailed to the address of the other twelve months (12) prior to the effective date of such cancellation. SECTION 6. This esolution shall be in full force and effect from and after its adoption. ADOPTED: May 1, 1967 e-5-1/41 i / / ATTEST:------Pa.4.14.t.) #.---de ,,i,',:.)'-:,ROVED,/ % • 0 ., City Clerk Ma r