|
pl-
<br />174
<br />SECTION 13. THE PENALTIES PRESCRIBED BY THIS ORDINANCE AND ANY OR ALL OTHER PENALTIES OR
<br />PROVISIONS FOR THE ENFORCEMENT OF THE TERMS OF THIS ORDINANCE HEREIN CONTAINED SHALL BE CONSTRUCTED
<br />TO BE CUMULATIVE AND SHALL NOT EFFECT OR LIMIT IN ANY VAY ANY RIGHT WHICH THE CITY OF CHARLOTTESVILLE
<br />MAY HAVE AGAINST THE SAID GRANTEE IN LAV OR IN EQUITY OR BY STATUTE OR OTHERWISE FOR THE ENFORCEMENT
<br />OF THE PROVISIONS OF THIS ORDINANCE, AND TO INSURE TO SUBSCRIBERS IN THE CITY OF CHARLOTTESVILLE AN
<br />ADEQUATE SERVICE AT REASONABLE RATES THROUGHOUT THE TERM OF THIS GRANT.
<br />SECTION 14. ALL DEBTS, PENALTIES OR FORFEITURES ACCRUING TO THE CITY OF CHARLOTTESVILLE UNDER
<br />THE TERMS OF THIS ORDINANCE SHALL CONSTITUTE A LIEN UPON THE PROPERTY AND FRANCHISE OF SAID GRANTEE
<br />WITHIN THE CITY OF CI~ARLOTTESVILLE, PRIOR TO ALL OTHEEF' DEBTS, LIENS OR OBLIGATIONS �A:HATSOEVER9, THETHER
<br />THE SA4D INDEBTEDNESS, PENALTIES OR FORFEITURES SHALL ACCRUE TO THE CITY OF CHARLOTTESVILLE BEFORE OR
<br />AFTER THF CREATION OF ANY LIEN OR MORTGAGE OR OTHERWISE UPON SAID PROPERTIES OR FRANCHISE IN FAVOR OF
<br />ANY PEPSON OR CORPORATION, Y:HATSOEVER, OR THE HOLDERS OF ANY BONDS OR OTHER INDEBTEDNESS SECURED BY
<br />SUCH MORTGAGE OR LIEN,
<br />SECTION 15. UPON THE EXPIRATION OF THE TERM OF THIS GRANT, OR UPON THE TERMINATION OF THE
<br />RIGHTS HEREBY GRANTED, BY SURRENDER, FORFEITURE OR OTHERWISE, ALL OF THE WIRES, CABLES, APPLIANCES,
<br />EQUIPMENT OF THE SAID GRANTEE IN THE STREETS, ALLEYS OR PUBLIC PLACES OF THE CITY OF CHARLOTTESVILLE
<br />SHALL BE REMOVED FROM THE STREETS, ALLEYS AND PUBLIC PLACES OF SAID CITY AT THE EXPENSE OF THE GRANTEE
<br />WITHIN A REASONABLE TIME AFTER THE EXPIRATION OR TERMINATION OF SAID RIGHTS AND PRIVILEGES, SUCH TIlv:E
<br />TO BE PRESCRIBED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE.
<br />SECTION 16. THIS ORDINANCE AND THE RIGHTS AND PRIVILEGES HEREBY GRANTED AND CONFERRED SHALL
<br />NOT BECOME EFFECTIVE UNLESS AND UNTIL THE SAID GRANTEE SHALL WITHIN NINETY (90) DAYS FROM THE DATE OF
<br />THE GRANTING OF THIS FRANCHISE FILE WITH THE CITY MANAGER OF THE CITY OF CPARLOTTESVILLE (1) ITS WRITTEN
<br />ACCEPTANCE THEREOF, IN FORM SATISFACTORY TO THE SAID CITY MANAGER AND ITS DULY EXECUTED BOND IN FAVOR
<br />OF THE CITY OF CHARLOTTESVILLE IN THE SUM OF FIFTY THOUSAND DOLLARS (0509000.00), WITH GOOD AND
<br />SUFFICIENT SECURITY, APPROVED BY THE CITY COUNCIL, CONDITIONED TO THE EFFECT THAT THE GRANTEE WILL CON-
<br />STRUCT, PUT INTO OPERATION AND MAINTAIN THE COMMUNITY ANTENNA TE!_EVISION SYSTEM PROVIDED FOR HEREIN
<br />AND REASONABLY NECESSARY FOR THE EXERCISE OF THE RIGHTS AND PRIVILEGES GRANTED IN AND BY THIS ORDINANCE,
<br />AND WILL MAINTAIN THE SAME IN GOOD ORDER THROUGHOUT THE TERM OF THIS GRANT, AND WILL COMPLY WITH THE
<br />TERVIS, PROVISIONS AND CONDITIONS OF THIS ORDINANCE IN ALL RESPECTS, (2) A PUBLIC LIABILITY INSURANCE
<br />POLICY, IN FORM SATISFACTORY TO THE SAID CITY MANAGER, WHICH WILL ATALL TIMES INDEMNIFY AND SAVE HARM-
<br />LESS THE CITY OF CHARLOTTESVILLE FROM ALL LIABILITY ON ACCOUNT OF INJURY TO PERSON OR PROPERTY GROWING
<br />OUT OF THE CONSTRUCTION, IMPROVEMENTS, MAINTENANCE, REPAIR OR OPCRATION OF SAID COMMUNITY TELEVISION
<br />ANTENNA SYSTEM TO THE EXTENT OF TvUFNTY-FIVE THOUSAND DOLLARS ($25,000.00) AS TO ANY ONE PERSON AND ONE
<br />HUNDRED THOUSAND DOLLARS ($100,000.00) AS TO ANY ONE ACCIDENT, AND AGAINST LIABILITY DUE TO INJURY TO OR
<br />DEATH OF PERSONS ONE HUNDRED THOUSAND DOLLARS ($100,000.00) AS TO ANY ONE PERSON AND THREE HUNDRED
<br />THOUSAND DOLLARS (:300,000.00) AS TO ANY ONE ACCIDENT, (3) AN ATTESTED COPY OF EACH OF GRANTEES CONTRACTS
<br />WITH THE HOLDERS OF THE TELEPHONE AND ELECTRIC POWER FRANCHISE FOR THE CITY OF CHARLOTTESVILLE, THEIR
<br />SUCCESSORS AND ASSIGNS, FOR THE JOINT USE OF THEIR POLES, CONDUITS AND SUBWAYS IN FORM SATISFACTORY TO
<br />THE CITY MANAGER OF CHARLOTTESVILLE. NO EXTENSION OF SUCH CONTRACTS SHALL BE MADE FOR A LONGER PERIOD
<br />THAN THE LIFE OF THE FRANCHISE.
<br />SECTION 17. THE GRANTEE AGREES THAT THE MAXIMUM CONNECTION CHARGE TO BE MADE TO ANY SUB-
<br />SCRIBER FOR ITS SERVICE DURING THE TERM OF THIS AGREEMENT SHALL BE ONE HUNDRED FIFTY DOLLARS ($150.00)
<br />PER CONNECTION PLUS A REASONABLE CHARGE FOR LABOR AND MATERIAL FCR ANY ADDITIONAL CONNECTION FOR THE
<br />SAME SUBSCRIBER OR IN A CASE WHERE CONNECTIONS EXTENDING 200 FEET FROM THE TRUNK LINE, IN WHICH EVENT
<br />THE GRANTEE MAY MAKE ADDITIONAL CHARGES FOR LABOR AND MATERIAL IN EXCESS OF THE SAID 200 FEET,AND THE
<br />MAXIMUM MONTHLY SERVICE CHARGE TO SUBSCRIBERS SHALL BE $4.00 PER CONNECTION PROVIDING, HOTEVER, THAT IN
<br />THE EVENT TI j�ANTEE SHALL FEEL THAT THESE CHARGES ARE NOT SUFFICIENT OR ARE IN ANY WAY NOT EQUITABLE
<br />u
<br />IT MAY APPLY TO THE CITY COUNCIL OF CHARLOTTESVILLE FOR A REVISION OF SUCH CHARGES AND THE CITY
<br />IT PROPER
<br />COUNCIL OF CHARLOTTESVILLE SHALL HAVE THE AUTHORITY, IF IT DEEM2�SO TO D09 TO REVISE THE MAXIMUM LIMITS
<br />OF SUCH CHARGES AS HEREIN ESTABLISHED.
<br />
|