§ 7-125. Cable TV of Southwest Ouachita, Inc.

(a)

For the consideration and on the terms, conditions and provisions hereinafter set forth and for the benefits that will accrue to the parish and its citizens, there is hereby granted to Cable TV of Southwest Ouachita, Inc., a Louisiana corporation authorized to do and doing business in Louisiana and in Ouachita Parish, its successors and assigns, for a period of twenty-five (25) years after the adoption of this section, a franchise to furnish direct wire reception of television programs to the citizens, residents and community of Ouachita Parish, by means of a master antenna utilizing a master control unit and amplifiers and other means, and by relaying television signals directly into television receivers, together with the right to direct and maintain or lease and maintain such poles, directed by Cable TV of Southwest Ouachita, Inc., or such signals may be transmitted through underground cables, wires and other fixtures along or under or beside the streets, alleys, highways, bridges, roads, avenues, lanes and public grounds and places within the said parish, hereinafter referred to as "streets," as may be reasonably necessary and convenient for its business of receiving and distributing television signals in supplying the citizens of the said parish and the general public; and to use and occupy for its cable wires and other fixtures the said streets or other grounds under or along said streets, for the purpose of erecting, constructing, laying, owning, leasing or otherwise requiring, maintaining and operating such system; it being understood that the utility poles of others who are lawfully permitted to have the same in this parish may be used with the permission of the owners thereof or said Cable TV of Southwest Ouachita, Inc., may erect its own poles or install underground cable.

(b)

Said poles and wires or underground cable shall be placed and maintained so as not to interfere with travel or use of said streets of the parish, and said Cable TV of Southwest Ouachita, Inc., shall hold said parish free and harmless from damage arising from any abuse or negligence of said occupancy. Said poles and wires or underground cable shall be placed so as not to interfere with the flow of water in any sewer, drain or gutter or with any light, gas or water pipelines; this grant is made and is to be enjoyed subject to all such reasonable regulations and ordinances as said parish may properly authorize from time to time, insofar as said action is not destructive of the rights herein granted. Grantee shall not cut, break or otherwise cross a street, curb, gutter or sidewalk, or erect any poles in any street right-of-way without first obtaining a permit from the police jury.

(c)

Grantee shall pay to the Parish of Ouachita the amount of ten dollars ($10.00) for the privilege of obtaining said franchise.

(d)

Grantee shall take out and carry public liability insurance covering its activities in minimum amounts of one hundred dollars ($100.00) due to injury to any one person, and three hundred thousand dollars ($300,000.00) for personal injuries resulting from any single accident; grantee shall take out property damage insurance in the amount of not less than twenty-five thousand dollars ($25,000.00) for each accident. Grantee shall, when requested by the police jury, produce proof of such insurance.

(e)

The franchise holder shall have the authority and privilege to control the rates and fees for such services to the individual consumer during the period of this franchise, with the provision that such rates and fees shall be reasonable under all circumstances. During the first twelve (12) months the connection fees of said services to the individual home consumer shall not exceed nineteen dollars and ninety-five cents ($19.95) for aerial connection fee, and twenty-nine dollars and ninety-five cents ($29.95) for underground connection fee or the maximum legally charged by any other franchise holder, whichever is greater; the basic monthly service charge shall not exceed six dollars and ninety-five cents ($6.95) per individual home consumer or the maximum legally charged by any other franchise holder; the monthly service charge for additional outlets per individual home shall not exceed one dollar ($1.00) per outlet or the maximum legally charged by any other franchise holder. However, special closed circuit programs may, at the option of the user, be billed in an extra monthly service charge. An increase in fees will be permitted based on the increase in the standard cost of living index. If fee adjustments are made, they shall be made only once per year.

(f)

Whenever in this section Cable TV of Southwest Ouachita, Inc., is named or referred to it shall be deemed to include its successors, transferees, representatives and assigns, and all rights, privileges and obligations herein conferred and imposed shall bind and inure to the benefit of such successors, transferees, representatives and assigns and Cable TV of Southwest Ouachita, Inc., is hereby given authority to transfer this franchise or its respective rights thereto, subject to prior approval by the police jury.

(Ord. of 2-12-79)

Note— See editor's note following, § 7-122