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HomeMy WebLinkAboutA002 - proof of publication, July 25, 1978 LEGAL NOTICE .� _� w aii ur part of said transmission system to be ORDINANCE NO. 2661 installed and maintained action on its part, the AN ORDINANCE TO AMEND underground. grantee's rates and charges THE MUNICIPAL CODE bF Sec. 36-11002. Franchise proposed increased rates and charges will not con- THE CITY OF AMES, IOWA BY required for cable television form to the said subsection Proof of Publication in The REPEALING ARTICLE XI OF system. CHAPTER 36, CONSISTING OF No person shall establish and (3) SECTIONS 36-11001 THROUGH (5) However, action shall AMES DAILY TRIBUNE AND INCLUSIVE OF SECTION operate a cable television be taken by thh e City Council system within the city except with respect to the grantee's 36-11028; AND, ENACTING A upon obtaining the grant of a under thiss until NEW ARTICLE XI OF CHAP- franchise as defined and the grantee has been given TER 36, TO CONSIST OF NEW provided for in this article. A reasonable notice thereof STATE OF IOWA,STORY COUNTY,ss. SECTIONS 36.11001 THROUGH franchise may be obtained by y and an opportunity to be AND INCLUSIVE OF SECTION making an application to the heard by The counc•il with 36-M27 FOR THE PURPOSE OF city council in the form and regard thereto. W. T. Farley on oath REVISING THE REGULATIONS manner provided for by this P (6) The following maximum and sa AND POLICIES PERTAINING article and if the council ap- rates and charges are depose y that I am pubtkke=foreman TO CABLE TELEVISION provesthe franchise applied for, hereby authorized for of the AMES DAILY TRIBUNE, a daily SERVICES IN THE CITY OF the council shall order that the service under a 'franchise AMES; REPEALING ALL OR- matter of the franchise be and shall not be increased by newspaper, printed at Ames, Story County. DINANCES OR PARTS OF submitted to the vote of the a grantee y without prior ORDINANCE IN CONFLICT electorate as required by the approval by the City HEREWITH TO THE EXTENT laws of the Stateof Iowa;or,the Council: Iowa; that the annexed printed _--_ OF SUCH CONFLICT IF ANY; person seeking to obtain a (A) Standard rates PROVIDING A PENALTY;AND, _C_�Y_'_��1_ria_I_10E' N_O. 2_6_61 ESTABLISHING AN EF- franchise may proceed by and charges: petition as is also provided for - FECTIVE DATE by the laws of the State Code of (1) Installation BE IT ORDAINED, by the City charges: Iowa, but in either event the (a) Initial tap�n and - - - - --�- - Council for the City of Ames, grantee of the franchise and the Iowa: connection charges system established shall be (TV and-or i radio, was published in said newspaper for --------- Section One. The Municipal subject To all rules and residential of com- Code of the City of Ames shall be regulations provided for in this and is hereby amended by article. (bofeAdd Additional in- consecutive weeks, the first ______-___-._____ repealing Article XI of Chapter 36, Sec.36-11003.Term of franchise. stallation u to a total consisting of sections 36-11001 The franchise and the rights, and the last of said publication Was on the through and inclusive of section � - � same privileges, and authority location, each $5.00 36.11028; and, enacting a new thereby granted, subject To the �_ _ Article Xlof Chapter 36,toconsist provisions of this article, shall (c) Additional in- ____25th-- day of ____Ju__- of new sections 36-11001 Through take effect and be in force from stallation,five or more 36-11027 as follows: at same location: 19__28. and after final approval thereof direct cost of "Article XI. Cable Television by vote of the electorate, as Services provided by law, and shall necessary labor and Sec. 36-11001. Definitions. continue in force and effect for a materials plus 10 -- ---�-� For the purpose of this article, percent the following terms, phrases, (d) Disconnecting Sworn to before me and subscri d in my words, and Their derivations service — No charge shall have the meaning given term of not more than fifteen (e) Each repositioning at presence by IIXY. IrliT T. Farley herein. When not inconsistent (15) years,provided that within s a m e 1 o c T i o n with the context, words used in thirty (30) days after The date of ('relocation'): direct this ___26th_ - day of ____July------- the present tense include the voter approval of The franchise, cost of necessary labor future, words in the plural the grantee shall: and materials plus 10 number includes the singular 0) File with the City Clerk its percent 19-� number, and words in the unconditional acceptance of (2) Monthly rates: qq��,�yf,� � � ,// /�� ,,��I}'� singular number include the the franchise and promise to (a) First TV and TV and 11_' CLL�tzdlX 2 �,7 rotary Public plural number. The word 'shall' comply with and abide by all r a d i o o u t I e t, in and for Story County. is always mandatory and not the provisions, terms, and residential or, com- 399.40 merely directory. conditions, of this article, meraal—$0.001 unless Fees, S------------- - � (1) City is the City of Ames, and pay the fee provided in convertor purchased Iowa. section 36-11015 hereof.Such by subscribers then (2) Council is the City Council acceptance and promise $6.00 of Ames, Iowa. shall be in writing duly (b) Additional TV and (3) Person is any person,firm, executed and sworn to by or TV and radio outlets, this section shall be of no partnership, association, on behalf of the grantee each $2.50 unless effect during such corporation, company or before a notary public or convertor purchased regulations to the extent of the City Council, suggest a organization of any kind. other officer authorized by by subscriber, then any conflict therewith. (4) Grantee is any person law to administer oaths; $1.00 plan for flow-through(10) A grantee shall install refunds To its subscribers, (c) Additional radio granted a franchise in ac- (2) File with the city the bonds and maintain,at The request and retain such refunds cordance with the provisions and insurance provided for outlets, each $1. 0 and expense of the sub- pending order of the council. of this article. herein which shall be ap- (B) Hotels,motels,rest omes scriber, an adequate After considering the plan (5) Local gross revenues proved by the city attorney. and hospitals containing not switching device to allow the submitted by the grantee, include all revenues derived Should the grantee fail to less than ten (10) rental subscriber to choose bet. the council shall order the from a franchisee's ac- comply with the above units to which service is ween cable and non-cable flow-through of the refunds tivities within The City of terms of this subsection provided: reception. to the grantee's subscribers Ames, including revenues within thirty (30) days after 0) Direct cost of labor and (11) A grantee shall not, as to in a fair and equitable from advertising, except voter approval, it shall material necessary for rates, charges, services, manner. only the grantee's portion of acquire no rights, intallation plus 10 per. facilities, rules, regulations (2) If a grantee receives pay channel revenue will be privileges, or authority cent. No charge for or in any other respect make refunds of any payments included. under said franchise disconnecting serve. or grant any improper made for Television or radio (6) User is any person who whatever. (2) Monthly rates:$2.50 per preference or advantage to signals, it shall, without buys any of grantee's Sec. 36-11004. Rates and TV and TV and radio any person nor subject any delay, notify the City channels for broadcasting or charges. outlet unless convertor person to any improper Council, suggest a plan for originating programs. (1) The rates and charges for purchased by subsciriber, prejudice or disadvantage; flow-through of the refunds (7) Subscriber is a person who television and radio signals then $1.00. provided, however, this to its subscribers,retain the pays a fee to, or purchases distributed hereunder shall (C) Multiple dwelling units shall not be deemed to refunds pending order of the equipment from a grantee be fair and reasonable and (contained within one prohibit the establishment of council and flow-through for the purpose of receiving no higher than necessary to structure or a group of a graduated scale of charges such refunds in accordance transmissions carried by a meet all costs of Service structures located in one and classified rate schedules cable television system. A with The order of the council. (assuming efficient and complex) where all service to which any customer Sec. 36-11006. Subscriber (8) Franchise is the non- economical management), billed to one customer: coming within such refunds on termination of ser- exclusive authorization to erect, install, construct, including a fair return on The 0) Direct cost of labor and classification shall be en- vice. reconstruct, replace, original Cost, titled.less materials necessary for If any subscriberof a grantee of remove,'" repair, maintain depreciation, of the (12) Grantee may, once each less than three (3) years ter- properties devoted to such year, increase the rates for minates service because of a and operate in or upon, service (without regard to basic monthly cable under, above, across and installation plus 10 per- grantee's failure to render from The streets, avenues, any subsequent sale or television service in a service to such subscriber of a transfer price or cost of such cent percentage amount of the highways, sidewalks, (2) Monthly rates: previous rates not to exceed type andquality s required a sub- properties). P article or if service to a sub- bridges and other public Number of Monthly ways, easements, and (2> The City Council shall the percentage increase in scriber of less than three (3) have the power, authority Dwelling Charge the Consumer Price Index rights-of-way, as now years is terminated without existing and all extensions and right to cause the Units per TV � as determined by the good cause (failure to pay for grantee's rates and charges Served and V Bureau of Labor Statistics service for more than three (3) Thereof and additions and adio thereto, in and belonging To To conform to the provisions for the previous year.Notice months shall be conclusively of subsection 36-11004(3) and Outlet of such a proposed rate the city (hereinafter deemed to constitute 'good sometimes e a I I e d (6) hereof, and for this Up to 5 Each increase must be given in cause') or because the grantee 'municipal properties'), all purpose it may deny in- dwelling writing to each subscriber ceases To operate the cable necessary poles, wires, creases or order reductions unit $hall not less than thirty days nor television service for any cables, coaxial cables, in such rates and charges haveilsame more than ninety days reason,except expiration of this transformers, amplifiers, when it determines that in monthly before the effective date of franchise, the grantee shall underground conduits, the absence of such action on rates as the proposed increase. Such refund to such subscriber an d other its part, the grantee's rates provided an increase will not be amount equal to the initial tap-in manholes an radio and charges or proposed in Section subject to City Council and connection charges paid by television and conductors and fixtures for increased rates and charges 36-11004(6) review and authorization him divided by twelve (12) and the sole purpose of the will not conform to the said (A) unless at least five percent multiplied by a number equal to maintenance and operation subsection 36-11004(3) and 6 through 49 $4.50, unless of the subscribers petition mtwelve(12) minus the number of the city of a cable (6). Grantee shall not in- convertor The City Council for review, months The subscriber has been crease rates except as is purchased alleging that The proposed on the system. Television system for the Provided for in subsection 12 by sub- rate increase is excessive Sec. 36-11007. Faithful per- origination, interception, sale and distribution of unless grantee has applied scriber, and unjustifiable under the formance bond, insurance and Television and radio signals, To and received the approval then $3.50 standards for rates set by indemnification required. all in strict accordance with of the City Council for such 50 through 99 $3.00 the provisions of this rate increase. 100 and over $2.50 chapter. When' such a the laws, ordinances and (3) A grantee's rates and petition is received the City regulations of the United charges to its subscribers A deposit not to excee $25.00 Council shall forthwith set a States of America,the State may be required if T e sub- grantee shall, con- for television and radio date for a public hearing 1) A of Iowa,and the city,as now scriber does not purch se the existing or hereafter signals shall be fair and wherein all interested currently with its ac- convertor. resent ce tance of a franchise,file adopted or amended, sub- reasonable and no higher parties may P P shah necessary To meet all (7) A grantee shall be per- evidence and be heard on the with the City Clerk and at all ject to the reservation in the its necessary costs of ser- mitted to require advance matter of the proposed rate times thereafter maintain in city of the right to grant a vice(assuming efficient and payment for instaII l'Ion fees increase. Notice of the date, full force and effect for the similar or same use, economical management), and for two(2) rrlonih's time and place of the term of the franchise or any simultaneously,To any other advance service fee.', renewal thereof, at gran- person; and, subject at all including a fair return on the hearing shall be given by original cost, less (8)A grantee shall receive no publication at least once in a Tee's sole expense a cor- times to all lawful exercise consideration whatsoever depreciation, of its newspaper of general cir- porate surety bond in a of the police power of the properties devoted To such from its in culation in the city. The responsible company City of Ames and to such service (without regard to connectisubscribers for or on with its �ervice publication of notice shall licensed to do business in reasonable regulations as other to its subscribers o r than any subsequent sale or � occur not less than four nor Iowa, in the amount of.fifty the city and-or the council in accordance wi h this more than twenty days prior thousand dollars ($50,000) transfer price or cost of such to the date of hearing, renewable annually, and shall hereinafter provide, properties). section,without app oval of 9 and compliance with all the council. Sec. 36-11005. Flow-through of conditioned upon the faithful future, iti applicable state and federal (4) The City Council shall I cause the grantee's rates (9) If, in the e Slate refunds. Performance of grantee and regulations; and, including of Iowa or the Unite States compliance and charges to conform to d (1) If during The term of a P � nce by grantee with by way of specification but the provisions of subsection Government or any franchise a grantee all provisions of this article not limitation, a rule regulator agency ,thereof and upon prohibiting the use of the (3) hereof, and for this y receives refunds of any P n further condition regulates the rates of a that in the event grantee city streets or alleys for The purpose the council shall payments made for deny increases or order grantee for. The Service television or radio signals, it shall fail to comply with any installation of additional regulated by this article, ^^Pormoreofthe provisions poles or underground cable, reductions in such rates and shall, without delay, notify and may include regulations charges when it determines . that in the absence of such of this article,there shall be A grantee shall pay all recoverable jointly and reasonable expenses in- severally from the principal curred by the city in (3)A grantee shall establish construction, recon- and surety of such bond any defending itself with regard and maintain a local studio, struction, replacement, Sec. 36-11016. Use, erection,damages or loss suffered by to all damages,penalties or and remote productionfacilities, having such video removal, repair, main- location, and disposition of the city as a result thereof, other claims resulting from tenance or operation the poles and equipment. including the full amount of tape and local production grantee shall promptly (1) Agrantee may lease,rent, the acts of l grantee, its facilities as shall be repair such disturbance and or in an other manner by any compensation, in- , assigns,employees,agents, P Y demnification, or cost of invitees or other persons. necessary and proper to damge at its own expense mutual agreement obtain removal or aba�clonment of support local origination of g - Said expenses shall include and in a manner approved the use of towers, poles, programs for transmission any property of the grantee, all out-of-pocket expenses by the city. lines, cables and other ,a plus reasonable allovlance fees,and over the system with access (3) A grantee shall, for attorneys'fees and costs such as attorneys' To The public through private shall include The value of and public organizations and expense, protect, support, its equipment and facilities port, from The City of Ames up to the full amount of the any service rendered by the temporarily disconnect, Electric Utility and Nor. bond,said condition to be a city attorney or any other bodies on a first come, first relocate in the same street serve basis subject to the thwestern Bell Telephone continuing obligation for the officers or employees of the regulations of the. Federal or other public place or Company and use such duration of The franchise and city municipal property or towers, poles, lines, cables Communications COm- equipment and remove from the streets or and other aui any renewal thereof and Sec. 36-11008. Number of mission and the provisions q P thereafter until The grantee channels. other public place or facilitiesfor the purpose of a has liquidated all of its of This article. The grantee's distribution � j municipal property any cable television system, obligations with the city that (4)A grantee shall establish property of grantee when subject to all existing and may have arisen from The and maintain within the City required by the City Council future laws, ordinances and l business acceptance of the franchise of Ames a loca or its designee by reason of regulations of the city, and or renewal by the grantee or office, which office shall be traffic conditions, public State of Iowa and the United from its exercise of any system shall be capable of open for busines between The safety, street vacation, State of America. The poles privilege or right granted. carrying at least thirty-five(35) hours of 8:00 a.m. and 5:00 freeway and street con- used by a grantee's The bond shall provide that Television channels. p.m., Monday through struction, change or distribution system shall be at least thirty (30) days Sec. 36-11009. Use of channels. Friday, except on holidays, establishment of street those erected and main- prior written notice of in- (1) A grantee may sell or use' and said office shall be grade, installation of tained .by the City of Ames tention not To renew, can- for program origination all appropriately staffed to sewers,drains,water pipes, Electric Utility and Nor- cellation, or material channels except those which receive and answer all power lines,signal lines,and thwestern Bell Telephone change,be given to the city he must carry .under FCC subscriber complaints. tracks, or any other type of Company, when and where by filing the same with the regulations. The fees Grantee shall make a structures or improvements practicable, provided City Clerk. Notwithstanding charged for use of such monthly report to the City by public agencies. mutually satisfactory rental the above provisions of this channels are to be set by the Council of all consumer (4) A granted shall, on the agreements can be entered subsection,the City Council grantee for all but the public complaints, and the action request of any private party, into with said may in its sole discretion broadcast c h a n n e I s taken to remedy the com- parties. All holding an appropriate holders of public franchises waive said bond or reduce hereinafter described. plaints. This report shall permit issued the required amount thereof (2) Initially, a grantee shall state the names and ad- the city, and rights within the c Temporarily raise lower after three (3) years of provide, as an additional dresses of the complainants, se m cooperate with a grantee to operation of cable television service, such of the areas the date the complaint was moving of any building or allow grantee usage of their under a franchise, by the FM radio signals as are received, the nature of The other structure, and the poles and pole line facilities grantee, which the City permitted by the Federal complaint, and the specific actual expense of the same whenever possible so that Council shall find to have Communications Com- action taken to remedy each shall be paid by the party the number of new or ad- been satisfactory. mission. complaint. requesting the same. ditional (3)Advertising conforming to Sec. 36-11012. Other business poles installed (2) Non-waiver. Neither The (5) Upon failure of a grantee within the city may be provisions of this section, FCC guidelines, is allowed activities. to commence, pursue, or minimized. nor any bonds accepted by on the non-public broadcast (1) Neither a grantee nor any complete any work required (2)A grantee shall have the the City pursuant hereto,nor channels; provided, shareholder of a grantee by,law or by the provisions right to erect, install and any damage recovered by however,that grantee shall shall engage in the business of this franchise To be done maintain its own towers, The city thereunder,shall be not permit advertising for of selling, repairing or in- in any street or other public' poles, any candidate for any local stalling television receivers, guys, anchors, and construed to excuse un- rad;io receivers, or ac- place or municipal property derground conduits and political office or for any within the time prescribed, manholes, as may be faithful performance by a Party sponsoring such within for such receivers and to the satisfaction of the necessary for the proper grantee or limit the liability candidates to be carried on within the City of Ames City Council or its designee, construction and main. of the grantee under a franchise for damages, its channels unless any other during the term of a fran- the City Council or its tenance of the antenna site, either to the full amount of candidate for said office or chise,and the grantee shall designee may, at its option, head-end and distribution the bond, or otherwise. any bona fide party, as not allow any of its cause such work to be done system, provided that (3) Liability and in- determined by the council, shareholders owning and the grantee shall ay to towers, interpreting all relevant - twenty-five per cent (251/6) P poles, guys, an- demnification of city. the city the cost thereof in chors,underground conduits Grantee shall indemnify and FCC rules and guidelines,or or more of its stock to so the itemized amounts and manholes a party itself in case other engage in any such business placed on reported by The city council municipal properties shall hold the City of Ames har- or its designee to the grantee have their location and mless at all times during the parties so advertise, be except upon application To term of a franchise and it provided with comparable and approval by the within thirty(30) days after construction a will pay all damages and advertising time. The council; provided, however, approved of council may, by regulation, that nothing herein shall be receipt of such itemized advance by resolutions of. penalties which the city may report. the City Councilor in writing be legally required city pay as specify the offices and deemed to prohibit a Sec. 36-11014. Removal of by such city body or official a result of granting a parties covered hereunder grantee, at customer's facilities upon request. as The City Council may franchise. Such damages and may specify what shall request and without Upon termination of service To from time to time by and penalties shall include, constitute the provision of payment, from examining any subscriber, a grantee shall resolution designate; or its comparable time. and adjusting a customer's designee in writin but not be limited to, promptly remove all its 9. In cases damages arising out of (4) Grantee is prohibited from facilities and equipment from of conflict,preference shall censoring any program the re copyright infringements and premises of such subscriber be given more essential otherdamages arising out of which is cablecast; grantee upon his written request. utilities and services such as the installation, operation, is expressly granted im- receiver set to determine water, munity from any liability whether reception dif- Sec. 36-11015. Franchise fee. power, steam, or maintenance of the cable telephone, sanitary sewer television system, whether which might otherwise arise ficulties originate in said set (1) During the term of a and storm sewer. or not any act or omission out of its failure to censor or in grantee's cable franchise a grantee shall (3) A grantee shall have the complained of is authorized, any program pursuant to television system. pay to the city a sum of right to establish terms, allowed, or prohibited by this subsection. (2) A franchise authorizes money equal to three per conditions, a n d this article. Sec. 36-11010. Access channels. only the operation of a cable cent (3%,) of the annual specifications governing the A grantee shall provide access television system as local gross revenues ac- form, type,A grantee shall, at YP size, quantity all times during the channels, subject to the provided for herein, and truing from services ren- and location of equipment term of its franchise, regulations of the Federal does not take the place of dered within the City. Sales and plant of others on its carry and require Their Communications Commission, any other franchise, con- tax or other taxes levied poles, and shall have the contractors to carry: as follows: tract, license or permit directly on a per subscriber (1)One specially designated, which the council may basis and collected by a further right to charge a fair (A)Insurance in such forms non-commercial public lawfully require of a grantee shall not be included rental for attachment space and in such companies as access channel available on grantee. in computation of sums due said spaces occupied the shall be approved by the Sec. 36-11013. Construction the city. Payments due the said equipment and plant of City Council to protect the a first come, non- others, except that no rent discriminatory basis. standards and city under this article shall City and grantee from (2) One, specially designated requirements. be computed twice each shall paid The city for its attachments and against any and all channel for use by the Ames (1) All of the grantee's plant year, as of June 30 and chmentiss T a gran- c claims,injury or damage and equipment, including December 31, for the pro's poles. The city shall to persons or property, Community School District, Pay any costs incurred by a and additional channels but not limited to the an- preceding six (6) months both real and personal, tenna site, head-end and period and shall be aid on grantee in providing space when requested by The P for the city's attachments, caused by the con- school board. distribution system, towers, or before the sixtieth struction, erection, house connections, strut- calendar day from and in- including any necessary operation and main- (3) One specially designated rearrangement of a gran- channel for use by the city tures, poles, wire, cable, clueing each said com- tenance of any structure, pursuant to the policies and coaxial cable, fixtures and putation date at the finance pro's equipment and plant to - equipment, or appliance. directions of the city council. appurtenances shall be office of the city during its Provide room for city at- The amount of such in- (4) Five Specially designated installed, located, erected, regular business hours. If to minatis. Upon expiration, surance shall be not less P termination, or revocation channels for Iowa State constructed, reconstructed the city finance office is than five hundred replaced, removed, closed on said sixtieth day, of a franchise, or should a thousand d o l l a r s University. then y grantee wish to otherwise ($500,000) as to any one Sec. 36-11011. Public Service repaired, maintained and payment may be made dispose of any of its Installations. operated in accordance with during its regular business poles being used by The city, the person and one million (1) A grantee shall, without good engineering practices, hours on the next following dollars ($1,000,000) as to will be performed by ex- day on which the office is city shall have the first right any one occurrence for charge for installation, and option to purchase them maintenance, or service, perienced pole-line con- open for business. The city injury or death To persons make single installations of struction crews and so as not Shall be furnished a in place for their fair value based on reproduction cost and two hundred fifty its standard cable television to endanger or interfere with Statement with each thousand dollars service facilities with one the safety of any persons or Payment, certified as less depreciation. Upon ($250,000)for damages to convertor at each of the property, or to interfere correct by grantee and expiration, termination or property. following locations in the with improvements the prepared by a certified revocation of a franchise, title to all of a grantee's (B) Workmen's com- municipality may deem public accountant, reflec- penration insurance as City: to make, or to in- ting the total amount of underground conduits and provided by the laws of (A) City Administration proper service revenues, and the manholes shall pass Jo the Building terfere in any manner with city, unless otherwise erty and computations, for the agreed by the grantee and the State of Iowa as the rights of any prop above charges, deductions amended. (B) Fire Station (C) Police Station owner, or to unnecessarily six (6) months the city in writing. (C) Automobile insurance (D) Public Library hinder or obstruct payment with limits of not less Than (E) All public school pedestrian or vehicular (4) In thoseareas and portions five hundred thousand buildings of the Ames traffic on the municipal of the city where Iran. dollars-one million Community School properties. Further,all such period covered by the smission or distribution dollars ($500,000- District plant equipment and all payment. facilities of both the public $1,000,000) of public (F) All accredited private construction shall meet all (2) The City shall have the utility providing Telephone liability coverage and relevant specifications of right to inspect at all times service and the utility schools for elementary providing e l e c t r i c automobile property and secondary education The Federal Com during business hours a damage insurance with a service are underground but not to include day munications Commission.. grantee's records of or g ound or limit of not less than five (2) Any opening or ob- ertainin to the local gross hereafter may be placed hundred thousand dollars care centers and nursery P g underground, then a schools structions in or disturbance service revenue from which ($500,000) covering all In addition, the grantee of thestreets,public ways or its franchise payments are grantee shall likewise automotive equipment.. shall install a public school other municipal properties computed and the right of construct, operate and All of said insurance studio modulator in the made by a grantee in the audit and recomputation of maintain all of its tran- coverage shall provide ten Ames Senior High School exercise of its rights under a any and all amounts paid smission and distribution (10) day notice to The City franchise shall be guarded under a franchise. No ac- facilities underground to the Clerk in the event of complete with a return maximum extent that then cable from the High School and protected at all times by, ceptance of any payment material alteration or to the cable television head- the placement of adequate shall be construed as a existing technology permits cancellation of any end studio facilit barriers, fences or. boar- release or as an accord and and in conformance with the coverage afforded in said y' National Electrical Safety (2) A grantee shall without dings, the bounds of which satisfaction of any claim the Code, the Bureau of Stan- said material alteration or charge for installation, policies prior To the date during periods of dusk and city may have for further or dards handbook number 130, darkness shall be clearly additional sums payable cancellation shall become maintenance, or service, and Telephone make single installation of designated by adequate under a franchise or for the p Systems effective. warning lights, all by performance of any other Practices governing joint Copies of all insurance its standard cable television practices,ractices, as policies required hereunder service facilities with one grantee at its expense. In obligation thereunder. case of any physical (3) Revenues derived from the well as in conformance with shall be furnished to an filed convertor at each of five disturbance or damage to franchise fee will be utilized all applicable state and with the city clerk prior to reasonable and appropriate municipal ordinances and the commencement of locations for Iowa' State any streets, public ways, or solely for regulation and other municipal properties improvement of cable codes. If and when operations or the expiration University. occurring in the course of television service and necessary, amplifiers and. of prior policies,as the case erection, installation, programming within the or Transformers in a may be. M city of Ames. grantee's transmission and - distribution lines may be in appropriate. housings upon the surface of the ground. (3) The city, through its Said housing, and the designated representatives, (2) Agrantee shall commence Sec. 36-11025. Cable Television location and construction of shall be permitted to inspect construction of its cable resulting from The use of this Commission established; all work required b or the books, records, maps, television system within two service. y powers and duties, method of ursuanttothissectionshall Pldns, income tax returns, (2) months of receiving (6) Safety requirements. A ap pointment,ppointment, qualifications, be approved in advance by and other like materials of a permission from the Federal grantee shall at all times compensation, term of mem- the bodies, persons and grantee at any time during Communications Com employ ordinary care and bers. manner set forth in section normal business hours. missiontobring intothecity shall install and maintain in (1) There is hereby created 36-11017 (2). (4) The city,-through its ap- on its cable television use commonly accepted and established-as an ad- enc 9 y propriately designated system two (2) or more methods and devices ministrative agency signals p failures an of the (5) The grantee may use distant television faild without charge, any City � departments,shall have the City of Ames,a five member right, during the life of a which are disseminated to accidents which are likely to Commission to be entitled owned pole used for The sole franchise, to install and the general public without cause damage, injury or the Ames Cable Television purpose of providing cable maintain free of char charge by broadcasting nuisance to the public. television service in- 9e Commission. upon the Poles of a stations licensed by the (7) New developments. IT stallations at sites that P grantee O The powers and duties of an wire and Federal Communications shall be the policy of the city Y pole fixtures, This commission shall be as on the condition that such Commission, which signals to liberally amend this follows: wire and pole fixtures do not could not ordinarily be article,whenever necessary (A) To establish and interfere with the cable received within:the city by to enable a grantee to take promulgate such rules for qualify for installation television operations of the normal antenna. advantage of any the implementation of the without charge. grantee. (3) A grantee shall extend its developments in the field of g cable television system transmission of television provisions of this chapter y m an vson Sec. 36-11017. Receivership, (5) The city, through its ap- as they shall deem ill h hi l f th all o a areas of and radio signals wc w foreclosure, etc. propriately designated service t necessary or useful, A franchise granted to a grantee representatives, shall have city within eighteen (18) afford it an opportunity to provided such rules shall shall at the option of the city the right to supervise all months after receiving more effectively,efficiently, not exceed the scope of council cease and terminate one construction or installation permission from the Federal or economically serve its the provisions of this hundred twenty (120) days after work performed subject to Communications Com- customers; provided, chapter and shall not be the appointment of a receiver or the provisions of a franchise mission and to newly an- however, that this section in conflict with any receivers or trustee or trustees and make such inspections nexed areas as rapidly as shall not be construed to p provision of this chapter. to take over and conduct the as it shall find necessary to possible. I require the city to make any ) From time to time as business of the grantee, insure compliance with the (4) Maps,plats,and reports.A amendment or to prohibit it °t 'he commission shall whether in a receivership, terms of a franchise and grantee shall file with the from unilaterlly changing its leem appropriate,but not t reorganization, bankruptcy or other pertinent provisions of city engineer true and ac policies as stated,herein. e ss often than once every other action or proceedings law, the cost of such in- curate maps or plats Of all (8) If in the future, a grantee thi.vo years, make unless such receivership, or spection to pe paid by the existing and proposed in- adds additional services to stallations. its cable television service, neGlcommendations to The Trusteeship, shall have been grantee. bity Council for any vacated prior to the expiration (6)At the expiration of the (5)A grantee shall file an- then in that event said J -nendments to this of said one hundred twenty(120) term,for which a franchise is nual ly with the city clerk not service and the rate to be coniapter deemed by the later than sixty (60) days charged shall first be ap- ne days, or unless: granted or upon the ter- Ammission to be ad- (1) Such receivers or trustees mination and cancellation as after the end of the grantee's proved by the city council. rpelsable. shall have, within one provided therein, the cityfiscal year, a copy of its (9) Necessity of franchise. No report to its stockholders (if person shall own or operate 1k C th ke an annual report hundred twenty (120) days shall have the right to The Ames City Council after their election or ap- require a grantee to remove 'it prepares such a report), a community antenna at its own ex an income statemen a televisions y i the status, progress pointment, fully complied expense any and p system in the City Ot,d development of cable with all the terms and all portions of the cable plicable to its operations of Ames except by franchise PUS levision service and provisions of the franchise television system from the during the preceeding issued by the city granting yd;ogramming in The City and the receivers or trustees public ways within the city. twelve(12) months peripd,a such power to any such A grantee shall furnish balance sheet, an a grantee. In the event ffAmes. within said one hundred Prepare and submit to twenty(120)days shall have evidence upon the in- statement of its prop sties litigation is required to e City Council for it's remedied all defaults under stallation of the system of devoted to cable televiisicn enforce said franchise, said franchise; and insurance or a performance operations, by categoIries; grantee shall pay legal f nsideration annually, a bond with securities to giving its investme t in expenses incurred by the S 'oposed program for (2) Such receivers or trustees gulation and ad- shall, within said one hun- guarantee removal of said such.properties on the basis city. "ilincement of cable dred twenty (120) days, cable television system in of original cost, less ap- (10) Periodic Review. This _levision service and execute an agreement duly the amount of fifty thousand plicable depreciation. These chapter may be amended by approved by the court ($50,000). ; reports shall be prepared or enactment of an ordinance -- having jurisdiction in the (7) Agrantee shall not oppose approved by a certified by the city councit at any premises, whereby such intervention by The city in public accountant and There time.Any citizen or group of recievers or trustees any suit or proceeding to shall be submitted along citizens may present assume and agree to be which the grantee is a'party. with them such other proposals for amendment to bound,by eacl} and every Sec. 36-11021. Forfeiture of reasonable information as the city council at any time. term, provision and franchise. the city council shall request However,not less often than limitation of this article and (1) The city shall terminate with respect to a grantee's once every two years the the franchise hereunder and cancel a franchise and properties and expenses Cable Television Advisory granted. all rights and privileges of related to its cable television Commission shall review the In the grantee thereunder in operations within the city. provisions of this ordinance, the case of foreclosure or (6) Agrantee shall keep on file and make written recom- other judicial sale of the plant with the city clerk a current mendations to the city property and equipment of a grantee, or any part thereof, list of its shareholders and council for enactment of any including or excluding the bondholders. amendments judged by the franchise, the city council the event that the grantee: Commission to be desirable. Sec. 36-11023. may serve notice of ter- (A) Substantially violates Sec. 36-11024. Franchise ap- mination upon the grantee and any provision. of this Miscellaneous provisions. plication procedure. the successful bidder at such article or any rule,order, (1)A grantee shall not be The following requirements and sale, in which event the or determination of the relieved of its obliit "0 to procedures shall be met by any franchise granted and all City Council made pur comply promptly wit ha yof person seeking to establish and suantto this article where the provisions of this ar icle operate a cable television rights and privileges of the by any failure of The city to s grantee shall cease and ter- such violation shall system in the City of Ames: remain uncured for a enforce prompt compliance. 0) Deliver to the city urinate thirty (30) days after (2) A grantee shall have no y Y Clerk service of such notice, unless: period of thirty (30) days recourse whatsoever of a certified check in such (a) the city council shall have subsequent to receipt by amount as the city clerk consented to the transfer of the grantee of written notice against the city or its of shall determine as of said violation; titers,boards,commissions, franchise, as and in The agents or employees for any necessary to pay all costs to manner in this article (B) Attempts to dispose of loss, cost, expense or the city of the election to provided;and (b) unless such any of the facilities or damage arising out of any obtain voter approval of the successful bidder shall have property of its cable franchise. This requirement television business to provision or requirement of shall ap I with respect to the city To accept said fran- prevent the city from a franchise or because of its elections ordered by the enforcement. chise and be bound by all the purchasing sa'tne, as mayor after petition, terms and conditions of this provided for herein; (3)force eor m maintain a therefore, by twenty-five force of one or more resident article. (C) Attempts to evade any (25) of the property owners times an Sec. 36-11018. Change of of the provisions of this agents n employees at all d shall have suf- of each voting precinct, and control of grantee. article or practices any to elections ordered by the ficient employees to provide Prior approval of the City fraud or deceit upon the city council following ap- Council shall be required city; or safe, adequate and prompt service for its facilities. application ti the council h an where ownership or control of (D) Fails To commence (4) Emergency use of application for franchise. more than twenty-five per cent providing service to facilities. In the case of any (2)A person seeking approval (25%) of the theretofore subscribers as provided emergency or disaster, a of a franchise by the city outstanding voting stock of a in seciion 36-11024. council shall make such (2) Such termination and grantee shall, upon request description,in of his person or group of persons cancellation shall be by or- grantee is acquired by a of the city manager of the p g, proposed system, the ser- City of Ames, or of his acting in concert,one of whom dinance duly adopted after vice to be prd vided,and The designated agent, make already' own or control sixty (60) days' notice to the, timetable projected for twenty-five per cent (25%,) or grantee City of Ames for emergency p PP rantee and shall in no way available its facilities to the completion as the applicant more of such stock,singularly affect any of the city's rights shall deem to be in his own or collectively. Any such under this article or any use for the duration er such best interest. acquisition occurring in provisions of law; provided, emergency or disaster. (3)Any applicant for a council violation of this provision shall however, that 'before a (5) Emergency alert. The approved franchise shall also constitute a breach of the franchise may be terminated system will be engineered to present a financial franchise agreement, and and cancelled under this provide This Audio Alert statement System. This system would prepared by a shall cause the franchise to be section, the grantee must be certified public accountant, provided with an o allow certain authorized voidable. p opportunity and a statement by a C.P.A. to be heard before the City Offlcldl5 to automatically that the person making Sec. 36-11019. Filings and Y P 9 communications with Council. override the "audio" signal application for the franchise on all channels and transmit has projected cost of con- regulatory agencies. I Sec. 36-11022. Service and report emergency in- strutting the system and Copies of all petitions, ap- (1)A grantee shall diligently formation. In the event of that the applicant appears plications and com- apply for all necessary an such use b the city, he munications submitted by a Y y s financially capable of t grantee to the Federal permits and authorizations city will hold harmless �nd meeting such costs. I grantee cationt Commission, required in the conduct of indemnify the grantee fr m (4) The person seeking a I its business, and shall any damages or penalties franchise shall, before the I Securities and Exchange diligently pursue the election for voter a r is Commission, or any other acquisition thereof, in- held, execute a franchise commissionfederal or state regulatory eluding pole attachment agreement with the City commission or agency having c contracts from Nor- Ames, contingent on voter, jurisdiction in respect T any thwestern Bell Telephone matters affecting cable approval of the franchise, -� television operations Company and Ames which agreement shall in- authorized pursuant to this Municipal Electric Utility, corporate all provisions of article,shall also be submitted a n d n e c e s s a r y this article as fully operative simultaneously to the City authorizations from the terms of the agreement,and Council. Federal Aviation Ad- including an agreement Sec. 36-11020. City rights. ministration to construct with respect to rental of the such receiving antenna city's transmission line (1) A franchise is specifically towers as may be required, DOIeS 31)d other municipal subject to all applicable and . any necessary properties; and, obtain provisions of the ordinances authorizations or waivers council approval of such of this city. from the Federal ,Com- other contracts, leases, (2) The right is reserved to the munications Commission, City Council or its successor and grantee shall notify the licenses and permits as the council shall determine to be or equivalent to adopt, in Ames City Council in writing necessary and proper for the addition to the provisions immediately when such contained herein and in permit, authorization, protection of the public interest. existing applicable or- contract and waiver are dinances, such additional nhtained. regulations as it shall find necessary in the exercise of the police power. programming in the City of Ames and a fiscal year budget for such program, the total amount of said budget not to exceed revenues available to the City of Ames from cable television franchise fees. (3) Members of the Com- mission shall be appointed by the mayor,subject to the approval of the City Council, in accordance with such other general procedures for appointments to ad- ministrative agencies as have been established by ordinances of the City of Ames. (4) Any adult resident of the City of Ames shall be qualified for appointment to the commission. (5) The term of appointment shall be five years beginning April 1 of the year in which the appointment is made, provided, however, that the first members of the com- mission shall,by drawing of lots, obtain terms of office of i year,2 years,3 years, 4 years, and 5 years respectively. If a position becomes vacant before expiration of the term of office, the mayor, in ac- cordance with established procedures, shall appoint a person to serve the balance of the unexpired term.There shall be-no reappointments of the same person to a second term except that a person appointed to serve the balance of an unexpired 'term may be appointed to one full term if such ap- pointment will not result in the same person serving on the commission for more than seven consecutive years. N (6) Members of the Com- mission shall serve without compensation except that actual expense incurred by a member in performance of duties may be reimbursed in accordance with such procedures as are established by the Com- mission and the Director of Finance for the City of Ames. Sec. 11026. Separability. (1) If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional- by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. (2)This article is a general regulatory measure of the City of Ames,not a grant of franchise to any particular person,and this article shall not cease to be effective upon expiration of any franchise or change in the identity of a gl'antee. Seca 6-11027. Penalty. The doing of any act prohibited by this article, or thA omission or failure to perform any act or duty required by this article is punishable as provided by section 1.1007 Municipal Code, City of Ames, and shall also be grounds for revocation and termination of a franchise." Section Two. Violation of the provisions of this ordinance shall constitute a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) or by imprisonment for a period not to exceed thirty (30) days. Section Three.All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect From and after its passage and oublication as required by law. Passed this 5th day of July,1978. -assed by the City Council over he Mayor's veto July 18, 1978. iammer-Curtis voting aye: Atherly, Curtis, Jammer, Huston, Van Drie. voting nay: None.Absent: Shank. Mary E. Paul, City Clerk Published in The Ames Daily Tribune, July 25, 1978.