HomeMy WebLinkAbout~Master - Granting Cable Franchise and Authority to Ames Cablevision, Inc. 4=- V
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ORDINANCE NO. 2468
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AN ORDINANCE GRANTING UNTO AMES CABLEVISION, INC. , ITS SUCCESSORS
AND ASSIGNS , THE RIGHT, FRANCHISE AND AUTHORITY FOR A PERIOD OF
FIFTEEN (15) YEARS TO ACQUIRE, CONSTRUCT, AND OPERATE A CABLE
TELEVISION SYSTEM AND TO SELL AND SUPPLY TO INDIVIDUALS, FIRMS ,
AND CORPORATIONS, PUBLIC OR PRIVATE, AT ANY AND ALL PLACES , WITHIN
THE CORPORATE LIMITS OF THE CITY OF AMES, AS SAID LIMITS NOW ARE
OR HEREAFTER MAY BE ESTABLISHED, AUDIO AND VIDEO COMMUNICATIONS
SERVICES AND PRESCRIBING THE TERMS AND CONDITIONS THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES ,
IOWA:
Section 1. Term of franchise.
Ames Cablevision, Inc. , its successors and assigns ,
(hereinafter referred to as "Grantee" ) , be and is hereby
granted the right, franchise, and authority for a period
of fifteen (15) years , to acquire, construct, and operate
a cable television system over, under and upon property
of the City of Ames , (hereinafter referred to as "City" ) ,
and to sell and supply individuals , firms , and corpora-
tions , public or private, at any and all places , within
the corporate limits of the City, as said limits now
are or hereafter may be established, audio and video
communications services , subject to the conditions and
restrictions as hereinafter provided and subject to the
ordinances of the City regulating community antenna
television systems .
Section 2. Effective date of franchise and acceptance
of franchise.
This franchise and the rights , privileges , and
authority hereby granted shall take effect from and
after final passage and publication hereof and after
approval by the electors of the City as provided by law;
provided, however, that within thirty (30) days after
the date of final approval of this franchise by the
electors of the City, the Grantee shall file with the
City Clerk its unconditional acceptance of this
franchise as provided in Article XI, Section 31-11003 ,
of the Municipal Code for the City of Ames .
Section 3. Further agreement.
Grantee agrees to abide by all provisions of this
franchise, the City Code, and any other applicable
ordinances of the City of Ames.
Section 4 . Nonexclusive franchise.
This franchise shall not be exclusive and shall
neither restrict the City Council in the exercise of
its regulatory power nor prevent it from granting any
other cable television system franchise.
Section 5. Observance of federal communications
commission.
Grantee shall comply with all applicable rules and
regulations of the Federal Communications Commission
which are now in effect or which may hereafter be
promulgated.
Section 6 . Changes in federal or state regulations.
This franchise is granted subject to the right of
the City or Grantee to renegotiate the terms of the
franchise at any time after the effective date of the
franchise upon thirty (30) days notice if Federal or
State regulations substantially alter the service, fees ,
costs , conditions or standards upon which this system
is operated. Such options to be controlled by
Section 36-11012 of the Municipal Code.
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� Section 7 . Transfer of franchise.
Grantee shall not sell, transfer, or assign this
franchise without the prior approval of the City by
ordinance.
Section 8. Performance provisions.
If Grantee shall fail to comply with any of the
provisions of this franchise, or default in any of its
obligations hereunder, except for causes beyond the
reasonable control of Grantee, and shall fail within
thirty (30) days after written notice from the City
to commence and, within a reasonable time, complete
the correction of such default or noncompliance , the
City Council of the City shall have the right to revoke
this franchise and all rights of Grantee hereunder.
In the event Grantee shall be adjudicated bankrupt
or placed in receivership, the City may declare the
franchise herein granted forfeited and hereunder
terminated.
Section 9 . Severability.
If any section., subsection, sentence , clause, phrase
or portion of this franchise shall be held invalid or
unconstitutional , tiie remaining provisions shall remain
in full force and effect.
Section 10 . Effective date.
This ordinance shall be in full force and effect
from and after its passage and publication and approval
of the franchise by the electors of the City of Ames ,
as provided by law.
Passed and approved this 22ndday of January
1974 .
Mary E. aul , City Clerk ~William Pelz , May
lst Reading - 1/8/74 - Calhoun-Pounds
Ayes : Calhoun, Huston, Koerber, Maxwell, Pounds .
Nays : Nelson
2nd Reading - 1//b/74 - Koerber-I\Telson
Ayes : Calhoun, Huston, Koerber, Maxwell, Nelson, Pounds .
;J Nays : None.
3rd Reading - 1/22/74 - Nelson-Huston
Ayes : Calhoun, Huston, Koerber, Maxwell, Nelson, Pounds .
Nays : None.