HomeMy WebLinkAbout~Master - Renewing Cable Franchise Agreement with Heritage Cablevision, Inc. ORDINANCE NO. 3075
AN ORDINANCE TO GRANT HERITAGE CABLEVISION, INC.
(HEREINAFTER "CABLEVISION"), A CORPORATION ORGAN-
IZED AND EXISTING UNDER THE LAWS OF THE STATE OF
IOWA, A WHOLLY-OWNED SUBSIDIARY OF HERITAGE COMMU-
NICATIONS, INC. , A WHOLLY-OWNED SUBSIDIARY OF
TELE-COMMUNICATIONS, INC. , ITS SUCCESSORS AND AS-
SIGNS, THE NON-EXCLUSIVE RIGHTS, PRIVILEGES AND
AUTHORITY TO CONSTRUCT, OPERATE, MAINTAIN, RE-
PAIR, REPLACE, RENEW, RECONSTRUCT, AND REMOVE A
CABLE TELEVISION SYSTEM ACROSS PUBLIC RIGHT-OF-WAY
IN THE CITY LIMITS FOR A TERM OF FIFTEEN (15) YEARS.
IT IS HEREBY ORDAINED, by the City Council of the City of Ames,
Iowa:
Section One. Grant of Franchise. A non-exclusive right is here-
by granted to Cablevision, its successors and assigns, to establish,
construct, operate, maintain, repair, replace, renew, reconstruct, and
remove a cable television system across public right-of-way in the city
limits for a term of fifteen (15) years, in accordance with the laws and
regulations of the United States of America and the State of Iowa and
the ordinances and regulations of the City of Ames, including the non-
exclusive right, privilege, and authority:
(a) to sell and supply audio and video communication service to persons
within the City;
(b) to use public right of way within the City;
(c) to engage in such further activities within the City as may now or
hereinafter be consistent with the generally accepted principles
applicable to the operation of a cable television system.
Section Two. Effective Date of Franchise Renewal. The franchise
shall be renewed from and after the effective date of this ordinance and
compliance by Cablevision with Federal Communications Commission rules
and regulations for a term of fifteen (15) years.
Section Three. Cablevision shall not assign or transfer any right
granted under this ordinance to any other person, company, or corpora-
tion other than a parent or subsidiary of Cablevision without prior
consent of the City Council, which consent shall not be unreasonably
withheld.
Section Four. Should any section, clause or provision of this
ordinance be declared invalid by a Court of Record, the same shall not
affect the validity of the ordinance as a whole or any part thereunder
other than the part so declared invalid.
Section Five. All ordinances or parts of ordinances in conflict
with the terms of this ordinance, and specifically Ordinance #2468
enacted January 22, 1974, are hereby repealed, provided, however,
that such repeal shall only be to the extent of such conflict.
Section Six. This ordinance shall be in full force and effect from
and after its passage and publication as required by law, and its writ-
ten acceptance by Heritage Cablevision, Inc.
Passed this 20 th day of March 1990.
Nancy Di 'gi, City Cler , Larry . C is, Mayor
0107
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