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HomeMy WebLinkAbout1957-07-02 Franchise Ordinance to Jack Arthur TheatreFRANCHISE ORDINANCE TO JACK ARTHUR FRANCHISE GRANTING TO JACK ARTHUR.. HIS SUCCESSORS AND ASSIGNS FRANCHISE TO LOCATE, CONSTRUCT, MAINTAIN AND OPM ATE AN ELECTRONIC HOME THEATRE IN THE CITY OF STEPHENVILLE, TEXAS; 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 AN ELECTRONIC HOME THEATRE IN THE CITY OF STEPHENVILLE.. TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One The word "city" as hereinafter used shall mean and designate the City of Stephenville, Texas. The word "property" as herein- after used shall mean and designate rights and contracts of whatsoever kind, and all equipment, appurtenances and fixtures used by Jack Arthur inconneetion with the rights herein granted and located within the corporate limits of said city. Section Two The franchise hereby granted shall be effective from and after the date hereof and shall remain in full force and effect for a period of 20 years upon the payment of the annual fee as hereinafter provided for. Section Three Jack Arthur shall defend the city against all lawful claim for injury to any person or property caused by the negligence of the said Jack Arthur in the construction or operation of his property; and in the event of a determination of liability shall indemnify the city. More particularly, Jack Arthur, his suc- cessors and assigns, does hereby agree to indemnify and hold harmless the City of Stephenville, Texas from any and all liabil- ity, claim, demand or judgment growing out of any injury to any person or property as a result of the violation or failure on the part of the said Jack Arthur, his successors and assigns to observe his proper duty or because of negligence in whole or in part arising out of construction, repair, extension, mainten- ance or operation of his equipment of any kind or character used in connection with this permit. Section Four Jack Arthur shall at all times make and keep full and com- plete plats, maps and records showing the exactlocation of all electronic home theatre equipment, located and used by him in f the city of Stephenville, Texas. Section Five All of such installations of equipment shall be of a permanent nature, durable and of sufficient height not to interfere in any manner with the rights of the public or indi- vidual property owners and shall not interfere with the travel and use of public places by the public nor during the construc- tion repair and removal shall not obstruct or impede traffic. The bity of Stephenville, Texas reserves the right of reasonable regulation of the erection and construction of any work by Jack Arthur in this connection and to reasonably designate where such works and construction shall be placed. Jack Arthur agrees, when requested by the city, to make minor changes in his equipment to conform to the reasonably necessary requirements of small, localized area, such changes to be effected when so requested within a reasonable time, and further agrees to comply with such ordin- ances as the city may now or may hereafter pass, regulating the installation and maintenance of such equipment. Section Six Jack Arthur shall have the right to operate an electronic home theatre during the existence of this franchise and shall have the right to extend such electronic home theatre upon the streets, alleys and public grounds of any addition or additions hereinafter made to the city's corporate territory and to use the streets, alleys and public grounds to continue to points beyond the corporate limits of said city. Section Seven Jack Arthur shall have the right to assign, subject to the approval of the city of Stephenville, Texas, this franchise. Section Eight Jack Arthur shall at all times during the existence of this franchise, carry and require his contractors to carry insurance as follows: (a) Workmen's compensation insurance in accordance with the laws of the State of Texas) (b) Public liability insurance with limits of not less than $25,000.00 to any one person and $50,000.00 as to any one accident; (c) Automobile liability insurance with limits of not less than $25,000.00 and $50,000.00 and automobile property damage insurance with a limit of not less than $5,000.00 to cover all automotive equipment; and (d) Property damage insurance with a limit of not less than $5,000.00. Section Nine Failure or refusal to observe the terms and provisions of this franchise by Jack Arthur, his successors and assigns, shall entitle the City of Stephenville, Texas, to forfeit and terminate this franchise and all rights thereunder and the City of Stephen- ville, Texas may exercise such rights 90 days after service of notice upon Jack Arthur of failure to observe the terms thereof and upon refusal during said 90 day period to perform or act as required by said notice and this franchise after such failure or violation of the terms and provisions hereof. Section Ten All provisions of law provided and prescribed for the granting of this franchise and authority are hereby declared to have been fully complied with and the franchise shall be in full force and effect from and after its passage. Jack Arthur shall pay to the City of Stephenville as a franchise fee and as compensation for the rights and privileges enjoyed hereunder 2 per centof his gross subscription receipts, less State Sales and Federal Excise Taxes, if any, received by Jack Arthur from all his connections to said electronic home theatre in said city. The gross subscriptions shall be computed annually at the end of each calendar year and amounts due to the city herein- after shall be paid on or before the 15th day of January of each year; Provided, however, that the final payment to the city after termination of this permit shall be made within 15 days from the date of said termination. Section Eleven This ordinance shall go into effect from and after its passage and any rules or law requiring the reading of same at more than one meeting of the city council are hereby suspended. PASSED AND APPROVED this °L day of IIf 1957. ATTEST: City Secretary r n Mayor am