1961 ORDINANCES - Laserfiche WebLink

Home Browse Search

i 442 THEREAFTER NOT EXCEEDING THE PERIOD OF THIRTY DAYS OR SUCH LONGER TIME AS SHALL BF ALLOWED BY THE COUNCIL. IF GRANTEE FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE OR PERTINENT REGULATIONS PRIOR TO THE EXPIRATION OF THE PERIOD OF THIRTY DAYS FROM THE DATE GRANTEE'S LIABILITY IS FINALLY ESTABLISHED WHETHER OR NOT CONTESTEDy THE CITY COUNCIL MAY DECLARE GRANTEE'S FRANCHISES AS SET FORTH IN THIS ORDINANCES TO BE FORFEITED AND TERMINATED. SECTION 13. THE PENALTIES PRESCRIBED BY THIS ORDINANCE AND ANY OR ALL OTHER PENALTIES OR PROVISIONS FOR THE ENFORCEMENT OF THE TERMS OF THIS ORDINANCE HEREIN CONTAINED SHALL BE CONSTRUED TO BE CUMULATIVE AND SHALL NOT AFFECT OR LIMIT IN ANY WAY ANY RIGHT WHICH THE CITY MAY HAVE AGAINST THE GRANTEE IN LAW OR IN EQUITY OR BY STATUTE OR OTHERWISE FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE, OR TO INSURE TO SUBSCRIBERS IN THE CITY ADEQUATE SERVICE AT REASONABLE RATES THROUGHOUT THE TERM OF THIS GRANT. SECTION 14. ALL DEBTS, PENALTIES OR FORFEITURES ACCRUING TO THE CITY UNDER THE TERMS OF THIS ORDINANCE SHALL CONSTITUTE A LIEN UPON THE PROPERTY AND FRANCHISE OF THE GRANTEE WITHIN THE CITY, PRIOR TO ALL OTHER DEBTS, LIENS OR OBLIGATIONS WHATSOEVER., WHETHER SUCH SHALL ACCRUE TO THE CITY BEFORE OR AFTER THE CREATION OF ANY LIEN OR MORTGAGE OR OTHERWISE UPON SUCH PROPERTIES OR FRANCHISE IN FAVOR OF ANY PERSON OR CORPORATION WHATSOEVER) OR THE HOLDERS OF ANY BONDS OR OTHER INDEBTEDNESS SECURED BY SUCH MORTGAGE OR LIEN. SECTION 15. UPON THE EXPIRATION OF THE TERM OF THIS GRANTS OR UPON THE TERMINATION Or THE RIGHTS HEREBY GRANTED, BY SURRENDER, FORFEITURE OR OTHERWISE ALL OF THF WIRES5, CABLES AMPLIFIERS APPLIANCES AND EQUIPMENT OF THE GRANTEE IN THE STREF'TSy ALLEYS OR PUBLIC PLACES OF THE CITY SHALL BE REMOVED AT THE EXPENSE OF THE GRANTEE WITHIN A REASONABLE TIMES TO BE PRESCRIBED BY THE CITY COUNCIL. SECTION 16. THIS ORDINANCE AND THE RIGHTS AND PRIVILEGES HEREBY GRANTED AND CONFERRED SHALL NOT BECOME EFFECTIVE UNLESS AND UNTIL THE GRANTEE WITHIN ONE HUNDRED TWENTY (120) DAYS FROM THE DATE OF THE GRANTING OF THE FRANCHISE FILES WITH THE CITY MANAGER (1) ITS WRITTEN ACCEPTANCE THEREOF, IN FORM SATISFACTORY TO THE CITY MANAGER AND ITS DULY EXECUTED BOND IN FAVOR OF THE CITY IN THE SUM OF FIFTY THOUSAND DOLLARS ($50,000.00) WITH GOOD AND SUFFICIENT SECURITY, APPROVED BY THE CITY COUNCIL CONDITIONED TO THE EFFECT THAT THE GRANTEE WILL CONSTRUCTS PUT INTO OPERATION AND MAINTAIN THE COMMUNITY ANTENNA TELEVISION SYSTEM PROVIDED FOR HEREIN AND REASONABLE NECESSARY FOR THE EXERCISE OF THE RIGHTS AND PRIVILEGES GRANTED IT IN AND BY THIS ORDINANCEY AND WILL MAINTAIN THE SAME IN GOOD ORDER THROUGHOUT THE TERM OF THIS GRANT, AND WILL COMPLY WITH THE TERMS, PROVISIONS AND CONDITIONS OF THIS ORDINANCE IN ALL RESPECTS. (2) A PUBLIC LIABILITY INSURANCE POLICY, IN FORM SATISFACTORY TO THE CITY MANAGER AS SET FORTH IN SECTION 5 HEREINABOVE. (3) AN ATTESTED COPY OF EACH OF GRANTEE'S CONTRACTS WITH THE HOLDERS OF THE TELEPHONE AND ELECTRIC POWER FRANCHISES FOR THE CITYy THEIR SUCCESSORS AND ASSIGNS, FOR THE JOINT USE OF THEIR POLES. CONDUITS AND SUBWAYS IN FORM SATISFACTORY TO THE CITY MANAGER. NO EXTENSION OF SUCH CONTRACTS SHALL BE MADE FOR A LONGER PERIOD THAN THE LIFE OF THE FRANCHISE. SECTION 17. THE GRANTEE AGREES THAT THE MAXIMUM CONNECTION CHARGE TO BE MADE TO ANY SUBSCRIBERS FOR ITS SERVICE DURING THE TERM OF THIS AGREEMENT SHALL BE $150.00 PER CONNECTION PLUS A REASONABLE CHARGE FOR LABOR AND MATERIAL FOR ANY ADDITIONAL CONNECTION FOR THE SAME SUBSCRIBER OR IN A CASE_ WHERE CONNECTIONS EXTENDING 200 FEET FROM THE TRUNK LINE., IN WHICH EVENT THE GRANTEE MAY MADE ADDITIONAL CHARGES FOR LABOR AND MATERIAL IN EXCESS OF THE SAID 200 FEET. THE MAXIMUM MONTHLY SERVICE CHARGE TO SUBSCRIBERS SHALL BE $5.00 PER CONNECTION, PROVIDING HOWEVER, THAT IN THE EVENT THE GRANTEE SHALL FEEL THAT THESE CHARGES ARE NOT SUFFICIENT OR ARE IN ANY WAY NOT EQUITABLE IT MAY APPLY TO THE CITY COUNCIL FOR A REVISION OF SUCH CHARGES. THE COUNCIL MAY REVISE THE MAXIMUM LIMITS OF SUCH CHARGES AS HEREIN ESTABLISHED. SECTION 18. THE TERM OF THE FRANCHISE SET FORTH IN THIS ORDINANCE SHALL BE FOR A PERIOD OF TEN (10) YEARS FROM AND AFTER THE DATE OF ACCEPTANCE IN WRITING OF ITS TERMS BY THE GRANTEE. HOWEVER., UNLESS EITHER PARTY GIVES TO THE OTHER SIXTY (60) DAYS NOTICE IN WRITING PRIOR TO THE TERMINATION OF THIS FRANCHISE THAT IT DOES NOT WISH TO RENEW OR EXTEND SAID FRANCHISE THIS FRANCHISE SHALL BE AUTOMATICALLY RENEWED FOR AN ADDITIONAL TERM OF TEN (10) YEARS, SUBJECT TO THE SAME TERMS AND CONDITIONS HEREIN SET OUT.