HomeMy WebLinkAboutA001 - cover letter for proposed Cable Television Regulatory ordinance City of AMES, Iowa
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CITY ATTORNEYS January 4 , 1973
John R. Klaus
Mark J. Nolan
TO: Honorable Stuart N. Smith , Mayor, and City Council Members
RE : Cable Television Regulatory Ordinance
Herewith find a copy of the form of ordinance prepared by the City
Manager and myself for the purpose of regulating the establishment
and operation of Cable Television systems in the City of Ames , Iowa.
It is my judgement and opinion that effective regulation of cable
television will be achieved if premised on both a reasonable exercise
of the City' s police power and on contract theories . For this reason,
the ordinance requires that any person seeking a franchise shall
enter into a franchise agreement before the referendum for franchise
approval is held. The terms and conditions of this agreement shall,
at a minimum, consist of all provisions and requirements of the
regulatory ordinance , but may, in addition, include terms and provisions ,
not inconsistent with the regulatory ordinance, which the City and/or
the seeker of the franchise deem necessary due to circumstances,
conditions or situations not provided for by the general ordinance.
There may also be additional license or lease agreements if the
franchisee desires to utilize the facilities of the City of Ames
Electric Utility.
All provisions of this proposed ordinance bear a logical relationship
to preserving, protecting or advancing public interests of compelling
importance and are therefore, presumed to be legally enforceable.
Experience may teach that some provisions of the ordinance are un-
necessary, impractical, or even counter productive and if and when
such lessons are learned, the ordinance should be revised accordingly.
However, until such lessons of experience are learned, I recommend
the adoption of the proposed form of ordinance as an advisable first
step in the City ' s experience with cable television.
Respectfully submitted,
John R. Klaus
City Attorney
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