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HomeMy WebLinkAboutA004 - proof of publication, March 7, 1973 Proof of Publication in The ANTES DAILY TRIBUNE STATE OF IOWA,STORY COUNTY,ss. I, W. T. Farley on oath depose and say that I am XFVXDM foreman of the AMES DAILY TRIBUNE, a daily newspaper, printed at Ames, Story County, Iowa; that the annexed printed __Ordinance __j#243 5-_LCQmmunitX_-Ante nna.-T.V. was published in said newspaper for consecutive weeks, the first ________________ and the last of said publication was on the -----7-th-- day of _____Mar_C11----------- 19_73.��//' /may Sworn to before me and subsciTF. in my presence by?HQ=AX)(Q Farley this ----14teh-_ ay of ___Mar_ch__ s _ Notary Public in and for Story County. Fees, $---22L.75 the use of the City streets or the Council with regard refunds pending order of the than $500,000.00 as to any onf alleys for the installation of thereto. Council and flow-through such person and $1,000,000.00 as b additional poles or un- (6) The Following refunds in accordance with any one occurrence for injur, derground cable, and may maximum rates and charges the order of the Council. or death to persons an ORDINANCE NO. 2435 include regulations requiring are hereby authorized for Section 36-11006—Subscr- $250,000.00 for damages t A N 0 R D I N A N C E all or part of said transmission service under a Franchise and iber Refunds on Termination property. .REGULATING THE system to be installed and shall not be increased by a of Service. (b) Workmen's Com ESTABLISHMENT, CONS- maintained underground. Grantee without prior ap- If any subscriber of a pensation Insurance a TRUCTION, OPERATION Section 36-11002—Franchise proval by the City Council: Grantee of less than three provided by the laws of th AND MAINTENANCE OF Required for CATV System. (A) Standard Rates and years terminates service State of Iowa as amended. COMMUNITY ANTENNA No person shall establish Charges: because of a Grantee's failure (c) Automobile Insuranc4 TELEVISION SYSTEMS IN and operate a CATV system (1) Installation Charges: to render service to such with limits of not less thar. THE CITY OF AMES, IOWA. within the City except upon (a)Initial tap-in and subscriber of a type and $500,000.00 $1,000,000.00 of' Section 1. Be it ordained by obtaining the grant of a connection charges quality required by this public liability coverage and the City Council for the City of franchise as defined and (TV and or radio, Article or if service to a automobile property damage Ames,Iowa,that Chapter 36 of provided for in this Article. A residential or subscriber of less than three insurance with a limit of noP the Municipal Code of the City franchise may be obtained by commercial) $20.00 years is terminated without less than $500,000.00 covering of Ames be amended by ad- making an application to,the (b)Additional install- good cause (failure to pay for all automotive equipment. ding thereto a new article as City Council in the form and ation up to a total of service for more than three All of said insurance follows: manner provided for by this four at same months shall be conclusively coverage shall provide a ten ARTICLE XI Article and if the Council location, each $5.00 deemed to constitute `good (10) day notice to the City COMMUNITY ANTENNA approves the franchise ap- (c)Additional install- cause') or because the Clerk in the event of material TELEVISION SYSTEMS plied for, the Council shall ation,five or more at Grantee ceases to operate the alteration or cancellation of Section 36-11001—Definit- order that the matter of the same location: cost CATV business for any any coverage afforded in said ions. franchise be submitted to the plus 10% reason, except expiration policies prior to the date said For the purpose of this vote of the electorate as (d)Disconnecting ser- of this franchise, the Grantee material alteration or can- Article, the following terms, required by Section 386.3, 'vice — No Charge shall refund to such sub- cellation shall become ef- phrases, words, and their Code of Iowa 1971; or, the (e)Each repositioning scriber an amount equal to the fective. derivations shall have the person.seeking to obtain a at same location initial tap-in and connection Copies of all insurance meaning given herein. When franchise may proceed by (`relocation'): actual charges paid by him divided policies required hereunder not inconsistent with the petition of the property cost plus 10 by 12 and multiplied by a shall be furnished to and filed context, words used in the owners of each voting precinct (2) Monthly rates: number equal to 12 minus the with the City Clerk prior to the present tense include the as is also provided for by (a)First TV and TV and number of months the sub- commencement of operations future, words in the plural _Section 386.3, Code of Iowa r a d i o o u t 1 e t, scriber has been on the or the expiration of prior number include the singular 1971, but in either event the residential or system. policies, as the case may be. number, and words in the grantee of the franchise and commercial. — $5.0o A Grantee shall a all singular number include the the system established shall Section 36 Bond, InFaithful pay (b)Additional TV and Performance Bond,Insurance reasonable expenses incurred plural number. The word be subject to all rules and TV and radio outlets, and Indemnification by the City in defending itself `shall' is always mandatory regulations provided for in each $1.50 + Required. with regard to all damages, and not merely directory. this Article. q (c)Additional radio (1) A Grantee shall con- Penalties or other claims (1) `City' is the City of Section 36-11003—Term of outlets each $1.00 currently with its acceptance resulting'from the acts of a Ames, Iowa. . Franchise. B> Hotels Motels Rest y p Grantee i g of a franchise file with the is assigns, em- (2), Council is the City The franchise and the Homes and Hospitals con- City Clerk and at all times Ployees, agents, invitees or Council of Ames, Iowa. rights, privileges, and taining not less than ten (10) thereafter maintain in full other persons. Said expenses (3) `Community Antenna authority thereby granted, rental units to which service is force and effect for the term of shall include all out-of-pocket Television System', `CATV', subject to the provisions of p the franchise or any renewal P Y or`System'means a system of this Article, shall take effect provided: ex enses such as attorneys' (1) Cost of installation thereof, at Grantee's sole fees, and shall include the coaxial cables or other and be in force from and after plus 10� . No charge for value of an service rendered electrical conductors and final approval thereof by vote P �' g expense, a corporate surety Y equipment used d to rs used fi the electorate, as provided disconnecting service bond in a responsible com- by the City Attorney or any primarily to receive television by law, and shall continue in (2) Monthly Rates: $1.50 pany licensed to do business in other officers or employees of or radio signals directly or force and effect fora term of per TV and TV and radio Iowa, in the amount of the City. outlet ( 50,000.00) renewable an Section 36-11008—Number of $ 0 indirectly off the air and to not more than years, (C) Multiple Dwelling Units nually, and conditioned upon Channels. transmit them via cable to provided that withinin 30 days (contained within one the faithful performance of The Grantee's distribution subscribers for a fixed or after the date of voter ap- structure or a group of Grantee and compliance by system shall be capable of variable fee, including the provai of the franchise, the structures located in one Grantee with all provisions of carrying at least twenty receipt, transmission, and grantee shall: complex) where all service this Article and upon further television channels. distribution of voices, sound, (a) File with the City Clerk billed to one customer: condition that in the event Section 36-11009—Use of signals, pictures, visual its unconditional acceptance (1) Cost of installation Grantee shall fail to comply Channels. images, or any other type of of the Franchise and promise plus-10 v! with any one or more of the (a) A Grantee may sell or closed circuit transmission by to comply with and abide by (2) Monthly Rates: provisions of this Article use for program origination means of electrical impulses. all the provisions, terms, and Number MonthlyCharge all channels except those (4) `Person' is any person, conditions,of this Article,and g there shall a recoverable P f i r m , partnership, pay the fee provided in Section of Dwelling per TV and jointly and severally from the Which he must carry under Units Served TV and principal and surety of such FCC regulations. The fees association, corporation, 36-11016 hereof. Such ac i Radio Outlet bond any damages or loss charged for use of such company or organization of n writing and promise shall be Each dwelling suffered by the City as a result channels are to be set by the any kind. n wring duly executed and(5) `Grantee' Up to 5 unit shall have thereof, including the full Grantee for all but the public any person sworn by on behalf of the same monthly amount of any compensation, broadcast channels granted a franchise i ac Granteeee before a Notary rates as indemnification, or cost of hereinafter described. cordance with the provisions Public or other officer provided in (b) Advertising is allowed of this Article. authorized by law to ad- P removal or abandonment of g (6) `Local Gross Revenues' minister oaths; Section 36-11004 any property of the Grantee, on the non-public broadcast include only those gross (b) File with the City the (6) (A) plus a reasonable allowance channels; provided, however, for attorneys' fees and costs, that Grantee shall not permit revenues of the Grantee at- bonds and insurance provided 6 through 49 $3.50 fo to the full amount of the advertising for any candidate tribut to users within the for herein which shall r- 50 through 99 $3.00 bond said condition to be a for any local political office or �'ity including, but not limited approved by the City Attor- for an art sponsoring to, monthly subscriber ney.Should the grantee fail to 100 and over $2.50 continuing obligation for the Y party P° soring such a duration of the franchise and candidates to be carried on its revenue, advertising revenue comply with the above terms (7) A Grantee shall be channels unless an other which .originates or ter- of this subsection within 30 any renewal thereof and Y minates locally, and any new days after voter approval, it permitted to require advance thereafter until the Grantee candidate for said office or local services provided by shall acquire no rights, payment for installation fees has liquidated all of its any bona fide party, as Grantee on ' raid .CATV privileges, or authority under and fof one (1) month's ad- obligations with the City that determined by the Council, Vance service fee. The may have arisen frorn the interpreting all relevant FCC 'system, provided, however, said franchise whatever. Grantee shall require no other acceptance of the franchise or rules and guidelines, or a that revenue resulting from P installation and relocation Section 36-11004—Rates and deposit, advance payment, or renewal by the Grantee or party itself in case other charges shall not be deemed Charges. penalty from any subscriber from its exercise of any Parties so advertise, be `local gross revenues' for the (1) The rates and charges or potential subscriber privilege or right granted.The Provided with comparable for television and radio without approval of the bond shall provide that at advertising time. The Council purpose of computing any signals nals distributed hereunder Council. may, b regulation, specify franchise fee pursuant to this g least 30 days prior written Y> Y g P Y Article. `Local Gross shall be fair and reasonable ' (8) A Grantee shall receive notice of intention not to the offices and parties covered and no higher than necessary no consideration whatsoever renew, cancellation, or hereunder and may specify Revenues' shall not include, to meet all costs of service from it subscribers for or in material change, be given to wnat shall constitute the proceeds from any service, (assuming efficient and connection with its service to the City by filing the same Provision of comparable time. installation,facilities or signal economical management), its subscribers other than in with the City Clerk. Not- (c) Grantee is prohibited carriage which may originate including a fair return-on-the accordance with this section, withstanding the above from censoring any program or terminate outside the State without approval of the revisions of this subsection, which is cablecast; Grantee is original cost, ` less PP P expressly ranted immunity of Iowa. depreciation,of the properties Council. the City Council may in its sole P Y g from any liability which might (7) `User'is any person who devoted to such service (9)If,in the future,the State discretion waive said bond or buys any of the Grantee's (without regard to any sub- of Iowa or the United States reduce the required amount otherwise arise out of its Channels for broadcasting or sequent sale or transfer price Government or any thereof after three years of �ailure to censor any program originating programs. regulatory agency thereof operation of CATV under a pursuant to this subsection. (8) `Subscriber' is a person or cost of such properties). g Y g Y P regulates the rates of a franchise, by the Grantee, Section 36-11010—Access tkho pays a fee to, or pur- (2) The City Council shall Grantee for the service which the City Council shall Channels. phases equipment from a have the power,authority and regulated by this Article, this find to have been satisfactory. A Grantee shall provide grantee for the purpose of right to cause the Grantee's section shall be of no effect (2) Non-Waiver. Neither the access channels,subject to the (receiving transmissions rates and charges to conform during such regulations to the provisions of this section, nor regulations of the Federal carried by a CATV system. to the provisions of subsection extent of any conflict any bonds accepted by the Communications Commiss- (9) `Franchise' is the non- 36,11004 (3) and (6) hereof, therewith. City pursuant hereto, nor any ion, as follows: exclusive authorization to and for this purpose it may (10) A Grantee shall install damage recovered by the City (a) One specially erect, install, construct, deny increases or order and maintain, an adequate thereunder,shall be construed designated, non-commercial reconstruct,replace, remove, reductions in such rates and switching device to allow the to excuse unfaithful per- public access channel 1epair, maintain and operate charges when it determines subscriber to choose between formance by a Grantee or available on a first-come,non- In or upon, under, above, that in the absence of such cable and non-cable reception. limit the liability of the discriminatory basis. across and from the streets, action on its part, the Gran- (11) A Grantee shall not, as Grantee under a franchise for - (b) One specially ar v e n u e s, highways, tee's rates and charges or to rates, charges, services, damages, either to the full designated channel for use by sidewalks, bridges and other proposed increased rates and facilities,rules,regulations or amount of the bond, or the Ames Community School public ways, easements, and charges will not conform to in any other respect, make or otherwise. District. rights-of-way, as now existing the said subjection 36-11004 grant. any improper (3) Liability and Indem- (c)One specially designated and all extensions thereof an d (3) and (6). preference or advantage to nification of City. Grantee channel for use by the City additions thereto, in and (3) A Grantee's rates and any person nor subject any shall indemnify and hold the pursuant to the policies and belonging to the City charges to its subscribers for person to any improper City of Ames harmless at all directions of the City Council. (hereinafter sometimes called television and radio signals prejudice or disadvantage; times during the term of a Section 36-11011—Public 4municipal properties'), all shall be fair and reasonable provided, however, this shall franchise and it will pay all Service Installations. necessary poles, wires, and no higher than necessary not be deemed to prohibit the damages and penalties which (1) A Grantee shall,without fables, coaxial cables, to meet all its necessary costs establishment of a graduated the City may be legally charge for installation, transformers amplifiers, of service (assuming efficient. scale of charges and classified required to pay as a result of maintenance, or service, u n d e r g r o u n d conduits, a n d e c o n o mi c a l rate schedules to which any granting a franchise. Such i(nanholes and other television management), including a customer comingwithin such make single installations a its damages and penalties shall standard community antenna and or radio conductors and fair return on the original classification shall be entitled. include, but not be limited to, service facilities at each fire fixtures for the sole purpose of cost, less depreciation, of its damages arising out of and police station, each and the maintenance and properties devoted to such Section 36-11005—Flow- copyright infringements and P public operation in the City of a service(without regard to any through of Refunds. other damages arising out of accredited private schools 6ATV system for the subsequent sale or transfer (1) If during the term of a the installation, operation or within the City that is not origination, interception, sale price or cost of such franchise a Grantee receives maintenance of the CATV more than two hundred (200) and distribution of television properties). refunds of any payments system, whether or not any feet from Grantee's existing I radio signals, all in strict (4) The City Council shall made for television or radio act or omission complained of service facilities. A Grantee $ecordance with the laws, cause the Grantee's rates and signals,it shall,without delay, is authorized, allowed, or shall, without.charge for or the City Council, prohibited by this Article. ordinances and regulations of charges to conform to the notify stallation, maintenance, or the United States of America, provisions of subsection (3) suggest a plan for flow service, make single in t)te State of Iowa,and the City, hereof, and for this purpose through of the refunds to its A Grantee shall,at all times stallations of its standard as now existing or hereafter the Council shall deny in- subscribers, and retain such during the term of its fran- community antenna services adopted or amended, subject creases or order reductions in refunds pending order of the chise,carry and require their to the City Hall and Public to the reservation in the City such rates and charges when Council. After considering the contractors to carry: Library. Five (5) such in- of the right to grant a similar it determines that in the ab- plan submitted by the (a) Insurance in such forms stallations shall be provided to or same use, simultaneously, sence of such action on its Grantee, the Council shall and in such companies as shall buildings for Iowa State to any other person; and, part, the Grantee's rates and order the flow-through of the be approved by the City University. Such installations subject at all times to all charges or proposed increased refunds to the Grantee's Council to protect the City and shall be made at such lawful exercise of the police rates and charges will not subscribers in a fair and Grantee from and against any reasonable locations as shall dower of the City of Ames and conform to the said subsection equitable manner. and all claims, injury or be requested by-the respective to such reasonable regulations (3)• (2) If a Grantee receives damage to persons or units of government or 4s the City and or the Council (5) However,no action shall refunds of any payments property, both real and per- educational institutions. Any Mali hereinafter provide, and be taken by the City Council made for television or radio sonal, caused by the con- charge for relocation of such compliance with all applicable with respect to the Grantee's signals,it shall,without delay, struction, erection, operation installations shall, however, state and federal regulations; rates under this section until notify the City Council, and maintenance of any be charged at actual costs. If 4nd, including by way' of the Grantee has been given suggest a plan for flow- structure, equipment, or said facility is to be installed specification but not reasonable notice thereof and through of the refunds to its appliance.The amount of such more than two hundred (200) limitation, a rule prohibiting an opportunity to be heard by subscribers, retain the insurance shall be not less feet from Grantee's existing service facilities, any ad- of any property owner, or to ditional cost incurred by the unnecessarily hinder or ob- Amos oedly Tribune Grantee in making the in- struct pedestrian or vehicular 8 stallation shall be charged at traffic on the municipal Wed., March 7, 1973 not more than cost plus 10! . properties. Further, all such Additional installations at the plant and equipment and all taining to the local gross same location shall be made construction shall meet all service revenues from which at cost plus 10,$ and the relevant specifications of the its franchise payments are monthly rates for such ad- Federal Communications computed and the right of shall not allow any of its shall promptly remove all its further right to charge a fair ditional installations shall be Commission. audit and recomputation of shareholders owning 25%, or facilities and equipment from rental for attachment space of not more than otherwise (2) Any opening or ob any and all amounts paid more of its stock to so engage the premises of such sub- spaces occupied by the said provided. structions in or disturbance of under a franchise. No ac- in any such business except scriber upon his written equipment and plant of others; (2) A Grantee shall the streets, public ways or ceptance of any payment shall upon application to and ap- request. except that no rent shall be establish and maintain a local other municipal properties be construed as a release or as proval by the Council; Section 36-11016—Franchise paid by the City for its at- studio having such video tape made by a Grantee in the an accord and satisfaction of provided, however, that. Fee. tachments to a Grantee's and local production facilities exercise of its rights under a any claim the City may have nothing herein shall be (1) During the term of a poles. The City shall pay any as shall be necessary and franchise shall be guarded- for further or additional sums deemed to prohibit a Grantee, franchise,a Grantee shall pay costs incurred by a Grantee in proper to support local and protected at all times by payable under a franchise or at customer's request and to the City a sum of money providing space for the City's origination of ro rams for p y without payment, from equal to five per cent (5�) of attachments including ,any programs the placement of adequate for the performance of an , transmission over the system barriers,fences or boardings, other obligation thereunder. examining and adjusting a the annual local gross necessary rearrangement of a with access to the public the bounds of which during Section 36-11017—Use, customer's receiver set to revenues accruing from Grantee's equipment and through private and public periods of dusk and darkness Erection, Location, and determine whether reception services rendered to its plant to provide room for City r anizations and bodies on a difficulties originate in said subscribers within the City. attachments. Upon ex- g shall be clearly designated by .Disposition of Poles and Y• p first come, first serve basis adequate warning lights, all Equipment. set or in Grantee's cable Installation charges and piration, termination, or subject to the regulations of by Grantee at its expense. In (1) A Grantee may lease, television system. charges for service revocation of a franchise, or he Federal Communications case of any physical distur- rent, or in any other manner (2) A franchise authorizes relocations shall not be in- should a Grantee wish ,ommission and the bance or damage to any by mutual agreement obtain only the operation of a CATV eluded as a part of local gross otherwise to dispose of any of I�rovisions of this Article. streets, public ways, or other the use of towers,poles,lines, system as provided for herein, service revenue. Sales tax or its poles being used by the (3) A Grantee shall municipal properties oc- cables and other equipment and does not take the place of other taxes levied directly on City, the City shall have the establish and maintain within curring in the course of and facilities from the City of any other franchise, contract, a per subscription basis and first right and option to pur- :he City of Ames a local erection, installation, con- Ames Electric Utility and license or permit which the collected by a Grantee shall be chase them in place for their )usiness office, which office struction, reconstruction, Northwestern Bell Telephone Council may lawfully require deducted from the local gross fair value based on ;hall be open for business replacement,removal,repair, Company and use such of.a Grantee. service revenues before reproduction cost less )etween the hours of 8:00 a.m. maintenance or operation, the towers, poles, lines, cable, (3)Prohibition of Pay TV.A computation of sums due the depreciation. Upon ex- �nd 5:00 p.m., Monday Grantee shall promptly repair and other equipment and Grantee is specifically barred City is made. Payments due piration, termination or hrough Friday, except on such disturbance and damage facilities for the purpose of a from originating or tran- the City under this Article revocation of a franchise, title holidays,and said office shall at its own expense and in a CATV system, subject to all smiting any television signals shall be computed twice each to all of a Grantee's un- be appropriately staffed to manners approved by the existing and future laws, for which an extra charge is year, as of June 30 and derground conduits and receive and answer all sub- City. ordinances and regulations of made,except upon application December 31, for the manholes shall pass to the scriber complaints. Grantee (3) A Grantee shall, at its the City,the State of Iowa and to and approval by the preceding six months period City, unless otherwise agreed shall make a monthly report expense, protect, support, the United States of America. Council. and shall be paid on or before by the Grantee and the City in to the City Council of all temporarily disconnect, The poles used by a Grantee's Section 36-11014—Constr- the sixtieth calendar day from writing. consumer complainer,and the relocate in the same street or distribution system shall be uction Standards and and including each said (4) In those areas and action taken to remedy the other public place or those erected and maintained Requirements. computation date at the portions of the City where complaints. This report shall municipal property or remove by the City of Ames Electric (1)All of the Grantee's plant Finance Office of the City transmission or distribution state the names and addresses from the street or other public Utility and Northwestern Bell and equipment,,including but during their regular business facilities of either or both the of the complaintants, the date place or municipal property Telephone Company, when not limited to the antenna site, hours. If the City Finance public utility providing the complaint was received, any property of Grantee when and where practicable head-end and distribution Office is closed on said sixtieth telephone service and the the nature of the complaint, required by the City Council or, provided mutually satisfac-' system, towers, house con- day, then payment may be utility providing electric and the specific action taken its designee by reason of tory rental agreements can be nections, structures, poles, made during their regular service are underground or to remedy each complaint. traffic conditions, public entered into with said parties. wire, cable, coaxial cable, business hours on the next hereafter may be placed Section 36-11012—Changes safety, street vacation, All holders of public fran- fixtures and appurtenances following day on which the underground, then a Grantee in Federal or State freeway and street con- chises and rights within the shall be installed, located, office is open for business.The shall likewise construct, Regulations. struction,change or establish- corporate limits of the City erected, constructed, City shall be furnished a operate and maintain all of its A Franchise will be granted ment of street grade, * in- will cooperate with a Grantee reconstructed, replaced, statement with each payment, transmission and distribution subject to the right of the City stallation of sewers, drains, to allow Grantee usage of their removed, repaired, main- certified as correct by facilities underground to the m the Grantee to renegotiate water pipes, power lines, poles and pole line facilities tained and operated in ac- Grantee and prepared by a maximum extent that then the terms of the franchise at signal lines and tracks,or any whenever possible so that the cordance with good Certified Public Accountant, existing technology permits any time after the effective other type of structures or number of new or additional engineering practices, will be reflecting the total amount of and in conformance with the Jate of the franchise upon improvements by public poles installed within the City performed by experienced service revenues, and the National Electrical Safety thirty (30) days' notice if agencies. may be minimized. pole-line construction crews above charges, deductions Code,the Bureau of Standards Federal or State regulations (4) A Grantee shall, on the (2)A Grantee shall have the and so as not to endanger or and computations, for the six handbook number 130, and substantially after the ser- request of any private party right to erect, install and interfere with the safety of months payment period Telephone Systems Practices vice, fees,costs,conditions or holding an appropriate permit maintain its own towers, any persons or property,or to covered by the payment. governing joint attachments standards upon which the issued by the City, tem- poles, guys, anchors, un- interfere with improvements (2) The City shall have the practices, as well as in con- CATV system is to operate. If porarily raise or lower its derground conduits and the municipality may deem right to inspect at all times formance with all applicable negotiations do not produce a lines to permit the moving of manholes, as may be proper to make,or to interfere during business hours a state and municipal or- mutually satisfactory result, any building or other strut- necessary for the proper in any manner with the rights Grantee's records of or per- (Continued on Page Nine) either party may require that ture,and the actual expense of construction and maintenance an arbitrator be chosen to the same shall be paid by the of the antenna site, head-end resolve any differences,which party requesting the same. and distribution system, arbitrator shall be selected (5) Upon failure of a provided that towers, poles, from a list provided by the Grantee to commence, pur- guys, anchors, underground American Arbitration sue, or complete any work conduits and manholes placed Association if the parties do required by law or by the on municipal properties shall not agree upon another in- provisions of this franchise to have their location and con- dividual. Any arbitration be done in any street or other struction approved in advance award shall be enforceable in public place or municipal by resolution of the City the appropriate District property within the time Council or in writing by such Court. Nothing contained in prescribed, and to the City body or official as the this Section shall be construed satisfaction of the City Council City Council may from time to to prohibit the City from ex- or its designee, the City time by resolution designate, cercising it s power and right Council or its designee may,at or its designee in writing. In to amend this Article its option, cause such work to cases of conflict, preference unilaterally. be done and the Grantee shall shall be given more essential Section 36-11013—Other pay to the City the cost thereof utilities and services such as Business Activities. in the itemized amounts water, power, steam, (1) Neither a Grantee nor reported by the City Council or telephone,sanitary sewer and any shareholder of a Grantee its designee to the Grantee storm sewer. shall engage in the business of within thirty (30) days after (3)A Grantee shall have the selling,repairing or installing receipt of such itemized right to establish terms, television receivers, radio report. conditions, and specifications receivers, or accessories for Section 36-11015—Removal governing the form,type,size, such receivers within the City of Facilities Upon Request. quantity and location of of Ames during the term of a Upon termination of service equipment and plant of others franchise, and the Grantee to any subscriber, a Grantee on its poles,and shall have the and to newly annexed areas as rapidly as possible. (4) Maps, Plats, and said franchise and be bound the procedures set forth in Reports. A Grantee shall file y� W The City, through its by all the terms and conditions Section 36-11012 of this Article with the City Engineer true o m appropriately designated of this Article. shall be conclusive; provided, and accurate maps or plats of departments, shall have the Section 36-11020—Change of however, that before a all existing and proposed right, during the life of a Control of Grantee. franchise may be terminated installations. (Continued from Page Eight) franchise, to install and Prior approval of the City and cancelled under this (5) A Grantee shall file dinances and Bodes. If and maintain free of charge upon Council shall be required section, the Grantee must be annually with the City Clerk when necessary, amplifiers the poles of a Grantee any where ownership or control of provided with an opportunity not later than sixty (60) days and-or transformers in a wire and pole fixtures, on the more than 25$ of the to be heard before the City after the end of the Grantee's Grantee's transmission and condition that such wire and theretofore outstanding voting Council. fiscal year,a copy of its report distribution lines may be in pole fixtures do not interfere stock of a Grantee is acquired Section 36-11024—Service. to its stockholders (if it appropriate housings upon the with the CATV operations of by a person or group of per- (1) A Grantee shall prepares such a report), an surface of the ground. Said the Grantee. sons acting in concert, one of diligently apply for all income statement applicable housings,and the location and (5) The City, through its whom already own or control necessary permits and to its operations during the construction of all work appropriately designated 25% or more of such stock, authorizations required in the preceding twelve (12) months required by or pursuant to this representatives, shall have singularly or collectively. Any conduct of its business, and period,a balance sheet,and a section shall be approved in the right to supervise all such acquisition occurring in shall diligently pursue the statement of its properties advance by the bodies, per- construction or installation violation of this provision shall acquisition thereof, including devoted to CATV operations, sons and manner set forth in work performed subject to the also constitute a breach of the pole attachment contracts by categories, giving its in- Section 36-11017 (2). provisions of a franchise and franchise agreement, and from Northwestern Bell vestment in such properties on Section 36-11018—Transfer make such inspections as it shall cause the franchise to be Telephone Company and the basis of original cost, less of Franchise. shall find necessary to insure voidable. Ames Municipal Electric applicable depreciation. A Grantee shall not transfer compliance with the terms of Section 36-11021—Filings Utility, any necessary These reports shall be a franchise to another person a franchise and other per- and Communications with authorizations from the prepared or approved by a without prior approval of the tinent provisions of law, the Regulatory Agencies. , Federal Aviation Agency to Certified Public Accountant City by ordinance. cost of such inspection to be Copies of all petitions, ap- construct such receiving and there shall be submitted Section 36-11019—Receiv- paid by the Grantee. plications and com- antenna towers as may be along with them such other ership, Foreclosure, etc. (6) At the expiration of the munications submitted by a required, and any necessary reasonable information as the A franchise granted to a term for which a franchise is Grantee to the Federal authorizations or waivers City Council shall request with Grantee shall at the option of granted or upon the ter- Communications Commiss- from the Federal Com- respect to a Grantee's the City Council cease and mination and cancellation as ion, Securities and Exchange munications Commission, and properties and expenses terminate one-hundred twenty provided therein, the City Commission, or any other Grantee shall notify the Ames related to its CATV operations (120) days after the ap- shall have the right to require federal or state regulatory City Council in writing im- ' within the City. pointment of a receiver or a Grantee to remove at its own commission or agency having mediately when such permit, (6) A Grantee shall keep on receivers or trustee or expense any and all portions jurisdiction in respect to any authorization, contract and file with the City Clerk a trustees to take over and of the CATV system from the matters affecting CATV waiver are obtained. current list of its shareholders conduct the business of the public ways within the City. A operations authorized pur- (2) A Grantee shall com- and bondholders. Grantee, whether in a Grantee shall furnish suant to this Article shall also mence construction of its Section 36-11025Miscel- CATV System within two (2) — receivership, reorganization, evidence upon the installation be submitted simulatneously Y laneous Provisions. bankruptcy or other action or of the system of insurance or a to the City Council. months of receiving per- (1) A Grantee shall not be proceeding unless such performance bond with Section 36,11022—City mission from the Federal relieved of its obligation to receivership, or trusteeship, securities to guarantee Rights. Communications Commission comply promptly with any of shall have been vacated prior removal of said CATV system (1) A franchise is to bring into the City on its the provisions of this Article to the expiration of said one- in the amount of $150,000.00. specifically subject to all CATV system two (2) or more by any failure of the City to hundred twenty (120) days or (7) A Grantee shall not applicable provisions of the distant television signals enforce prompt compliance. unless: oppose intervention by the ordinances of this City. which are disseminated to the (2) A Grantee shall have no (a) Such receivers or City in any suit or proceeding (2) The right is reserved to general public without charge recourse whatsoever against trustees shall have, within to which the Grantee is a the City Council or its suc- by broadcasting stations the City or its officers,boards, one-hundred twenty (120) party. cessor or equivalent to adopt, licensed. by the Federal commissions, agents or days after their election or Section 36-11023—Forfeiture in addition to the provisions Communications Commiss- employees for any loss, cost, appointment, fully complied of Franchise. contained herein and in ion, which signals could not expense or damage arising out with all the terms and (1)The City shall terminate existing applicable or- ordinarily be received within of any provision or ,provisions of the franchise and and cancel a franchise and all dinances, such additional the City by normal antenna, requirement of a franchise or the receivers or trustees rights and privileges of the regulations as it shall find Grantee shall commence because of its enforcement. within said one-hundred Grantee thereunder in the necessary in the exercise of providing service to sub- (3) A Grantee shall main- twenty (120) days_shall have event that the Grantee: the police power. scribers no later than three tain a force of one or more remedied all defaults under (a) Substantially violates (3) The City, through its (3) months after com- resident agents or employees said franchise; and any provision of this Article or designated representatives, mencement of construction. at all times and shall have (b) Such receivers or any rule, order, or deter- shall be permitted to inspect (3) A Grantee shall extend sufficient employees to trustees shall,within said one- mination of the City Council the books, records, maps, its CATV system and service provide safe, adequate and hundred twenty (120) days, made pursuant to this Article plans,income tax returns,and to all areas of the City within prompt service for it* execute an agreement duly where such violation shall other like materials of a one (1) year after receiving facilities. approved by the Gourt having remain uncured for a period of Grantee at any time during permission from the Federal (4) Emergency Use of jurisdiction in the premises, thirty (30) days subsequent to normal business hours. Communications Commission Facilities. In the case of any whereby such receivers or receipt by Grantee of written emergency or disaster, a trustees assume and agree to notice of said violation; Grantee shall,upon request of be bound by each and every (b) Attempts to dispose of any of the facilities or the City Manager of the City of e term,provision and limitation Ames, or of his designated of this Article and the fran- property of its CATV business chise hereunder granted. to prevent the City from agent, make, available its purchasing same, as provided facilities to the City of Ames In the case of a foreclosure p g p for emergency use for the or other judicial sale of the for herein; plant property and equipment (c)Attempts to evade any of duration of such emergency or of a Grantee or an the this Article disaster. y part e provisions o (5) Emergency Alert. The thereof, including or ex- or practices any fraud or deceit u the City; or system will be engineered to on cluding the franchise, the City p Y; provide an Audio Alert Council may serve notice of (d) Fails to commence providing service to sub- System. This sytem would termination upon the Grantee p g allow certain authorized of- and the successful bidder at scribers as provided in Section ficials to automatically such sale, in which event the 36-11024. override the `audio' signal on franchise granted and all (2) Such termination and cancellation shall b by or- all channels and transmit and e rights and privileges of the report emergency in- Grantee shall cease and dinance duly adopted after formation. In the event of any terminate thirty (30) days sixty (60) days' notice to the such use by the City, the City after service of such notice, Grantee and shall in no way affect an of the Cit s rights will hold harmless and in- unless: (a) the City Council Y Y' g demnify the Grantee from any shall have consented to the under this Article or any provisions of law. In the event damages or penalties transfer of the franchise, as p resulting from the use of this and in the manner in this that such termination and service. Article provided; and (b) cancellation depends upon a finding of fact such finding of (6) Safety Requirements. A unless such successful bidder g g Grantee shall at all times shall have covenated and fact as made by an arbitrator agreed with the City to accept selected in accordance with employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and ac- cidents which are likely to cause damage, injury or nuisance to the public. (7) New Developments. It shall be the policy of the City to liberally amend this Article, whenever necessary to enable a Grantee to take advantage of any develop- ments in the field of tran- smission of television and radio signals which will afford it an opportunity to more effectively, efficiently, or economically serve its customers; provided, however, that this section shall not be construed to require the City to make any amendment or to prohibit it from unilaterally changing its policies as stated herein. (8) If, in the future, a Grantee adds additional services to its CATV service, then in that event said service and the rate to be charged shall first be approved by the City Council. (9) Necessity of Franchise. No person shall own or corporate all provisions of this operate a community antenna Article as fully operative television system in the City of terms of the agreement, and Ames except by franchise including an agreement with issued by the City granting respect to rental of the city's such power to any such transmission line poles and Grantee. In the event other municipal properties; litigation is required to en- and obtain Council approval of force said franchise, Grantee such other contracts, leases, shall pay legal expenses in- licenses and permits as the curred by the City. Council shall determine to be Section 36-11026—Franchise necessary and proper for the Application Procedure. protection of the public in- The following requirements terest. and procedures shall be met Section 36-11027—Separa- by any person seeking to bility. establish and operate a CATV (1) If any section, sub- system in the City of Ames: section, sentence, clause, (1) Delivery to the City phrase, or portion of this Clerk of a certified check in Article is for any reason held such amount as the City Clerk invalid or unconstitutional by shall determine as necessary any' court of competent to pay all costs to the City of jurisdiction,such portion shall the election to obtain voter be deemed a separate, approval of the franchise.This distinct, and independent requirement shall apply with .provision and such holding respect to elections ordered by shall not affect the validity of the Mayor after petition, the remaining portions hereof. therefore, by 25 of the (2) This Article is a general property owners of each regulatory measure of the voting precinct, and to elec- City of Ames, not a grant of tions ordered by the City franchise to any particular Council following approval by person, and this Article shall the Council of an application not cease to be effective upon for franchise. expiration of any franchise or. (2) A person seeking ap- change in the identity of a proval of a franchise by the Grantee. City Council shall make such Section 36-11028--Penalty. description, in writing, of his The doing of any act proposed system, the service prohibited by this Article, or to be provided, and the the omission or failure to timetable projected for perform any act or duty completion as the applicant required by this Article is shall deem to be in his own punishable as provided by best interest. Section 1-1007 Municipal Code, (3) Any applicant for a City of Ames,and shall also be Council approved franchise grounds for revocation and shall present a financial termination of a franchise. statement prepared by a Section 2. All ordinances Certified Public Accountant, and parts of ordinances in and a statement by a C.P.A. conflict herewith are hereby that the person making ap- repealed. plication for the franchise has Section 3. This ordinance is projected cost of constructing in full force and effect from the system and that the ap- and after its passage and plicant appears financially publication as provided by capable of meeting such costs. law. (4) The person seeking a Passed this 27th day of franchise shall, before the February, 1973. election for voter approval is Stuart N. Smith, held, execute a franshise Mayor agreement with the City of Mary E. Paul, Ames, contingent on voter City Clerk approval of the franchise, Published in The Ames which agreement shall . in- Daily Tribune, March 7, 1973.