Ordinance 3952 - Laserfiche WebLink

• • • • $ . • jurisdiction of such commission, provided however, that the legislative authority of the City shall never prescribe rates other than such as shall be just, reasonable, adequate and sufficient. Further the granting of the franchise herein shall not confer any right upon the grantee to include in the charge for its services herein any return upon the value of the franchise herein granted and grantee agrees not to include such a return in its charges for services provided under this franchise. Section 5. The City Council of grantor shall have the right under this franchise to require reasonable examinations of the coaxial cable subscription system for television signal distribution referred to herein, subject to the right of the grantee to make a reasonable charge therefor as provided in Section 3 hereof, and for its services after the installation of additional facilities. In addition and subject to the foregoing said City Council shall also have the right to make such rules and regulations as may be required to secure adequate and proper service under this franchise to itself and its inhabitants and to provide sufficient accommodations for the public generally. Section 6. Should the grantee believe that any order of said City Council promulgated pursuant to the provisions of Sections 4 and 5 hereinbefore set forth is unjust and unreasonable, it shall be allowed to test the justness and reasonableness of the same by proper action in an y court having jurisdiction provided said action is commenced within thirty (30) days after service of such order upon the grantee and in such action such order may be entered in the premises as shall be warranted by the facts developed upon the trial and the law applicable thereto. Section 7. Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by grantee of its facilities hereunder and grantee shall indemnify and defend grantor and hold it harmless from and against any and all liability, loss, cost, damage or expense which may accrue to grantor by reason of the negligence, default or misconduct of grantee in the construction, operation or maintenance of its facilities hereunder. Section 8. For and in consideration of the grantor having granted this franchise to the grantee pursuant to the terms hereof, the grantee agrees to compensate grantor gbartertyl.at 'the rate of three percent (3%) of the gross earnings received by grantee from the reception, transmission and distribution of television signals and sale of grantee' s services as contemplated in and authorized by this franchise. It is specifically understood that said gross earnings shall not include any earnings or profit received from the wholesale or retail sale of television appliances by, services rendered by, or other actLvities of grantee not involving use of a street, alley or other public place of the grantor, but such earnings , if any received from such sale, services or other activities of grantee shall be subject to tax by the grantor pursuant to City Ordinance 3292 of grantor as the same now exists or as hereafter amended. Provided further, that any moneys received by grantee as a result of installation charges and hooking up of customers to said coaxial cable shall be considered a capital expenditure of the grantee and cost of erection and construction of grantee' s facilities and shall not be includable within the definition of grantee' s gross earnings for the purposes of this section. -3-