HomeMy WebLinkAboutA003 - proof of publication dated March 28, 1990 LEGAL NOTICE
ORDINANCE NO. 3076 the reservation in the city of the right to Proof of Publication in The
AN'ORDINANCE TO AMEND THE MUNICI grant a similar or same use, simultaneous-
PAL CODE OF THE CITY OF AMES, IOWA ly, to any other person; and, subject at THE DAILY TRIBUNE
BY REPEALING CHAPTER 25 AND RE-EN all times to all lawful exercise of the
ACTING THE SAME WITH REVISIONS FOF police power of the City of Ames and to
THE PURPOSE OF REGULATING CABLI such reasonable regulations as the city
TELEVISION SYSTEMS WITHIN THE CITY and/or council shall hereinafter provide,
PROVIDING FOR CITY REGULATION Ol and compliance with all applicable state
THE USE THEREOF CONSISTENT WITF and federal regulations; and, including by
FEDERAL COMMUNICATION CO*11SSIOD way of specification but not limitation, a
RULES AND REGULATIONS; SETTING rule prohibiting the use of the city STATE OF IOWA,STORY COUNTY,ss.
FORTH CONDITIONS ACCOMPANYING THI streets or alleys for .the installation of
GRANTING OF CABLE TELEVISION SYS additional poles or underground cable, and
TEM FRANCHISES;PROVIDING FOR OPERA may include regulations requiring all or
TIONAL STANDARDS; ESTABLISHINC I, nnlS Waller, Ba17ygEtt, On
CONDITIONS FOR THE USE OF CITI Part a said transmission system to be oath depose and say that I am president,
STREETS, ALLEYS, SIDEWALKS, BRIDG- installed and maintained underground. (6) Y 9��
ES, AND OTHER CITY-OWNED RIGHT OI Grantee. The term 'grantee' shall mean m _ f the THE DAILY
WAY AND CITY-OWNED PROPERTY; RE any person granted a franchise in accor- TRIBUNE, a daily newspaper, printed at Ames, Story
PEALING ALL ORDINANCES IN CONFLICT Th dance with the provisions of this oe County,Iowa;that the annexed printed
HEREWITH; ESTABLISHING RATES ANE Hance. (7) Local Gross Revenues. The
CHARGES; AND PROVIDING PENALTIE; term 'local gross revenues' shall include
FOR VIOLATIONS. IT IS HEREBY OR- all revenues derived from a franchisee's
activities within the City of Ames, includ
DAINED, by the City Council of the City
of Ames, Iowa: Section One. The Munici- ing revenues from advertising, except only
pal Code of the City of Ames, Iowa shall be the grantee's portion of pay channel reve-
and the same is hereby amended by repeal- Hue will be included. (S
ing Chapter 25 hereof and re-enacting the term parson' shall mean any Person. The individual, or
dame, revised to read as follows: Sec. any corporation, business, or mixed,
25.1. DEFINITIONS. The following words owned by a private person, including
property owned by a public utility not
and phrases, when used in this ordinance, owed or operated by the City. (9) Proper-
shall, for the purposes of this ordinance, tv of
n the Grantee. The term 'property of was published in said newspaper for 1
have the meanings ascribed to them in this the grantee' shall mean all property, real,
section: (1) Cable television system. The personal or mixed, owned or used by the
term cable television system' shall mean grantee however arising from or related to consecutive weeks, the first
any facility that, in whole or in part, or connected with the franchise. (10)
receives directly, or indirectly over the Public Property. The term 'public proper- and the last of Said publication was On the
air, and amplifies or otherwise modifies ty' shall mean all property, real, personal
the signals transmitting programs broadcast or mixed, owned or used by the City, 2 8 tYba Of March
by one or more television or radio stations including property owned or used by a Y
and distributes such signals, by wire or public utility owned or operated by the
cable, to subscribing members of the public City. Sec. 25.2. FRANCHISE RE-
who pay for such services. (2) Channel. QUIRED. No person shall establish and
The term channel' shall mean the segment operate a cable television system within �z�•'1.,F"
of the electromagnetic spectrum to which a the city except upon obtaining the grant of q z
source of television transmission is as- a franchise as defined and provided for in -
signed. (3) City. The term 'City' shall this article. The person seeking a fran- Sworn to before rrve and subscribed in m b mean the City of Ames, Iowa. When the chise shall execute a franchise agreement Y presence y
context so requires, the term 'City' shall with the city of Ames, which agreement V on,Dennis Waller,Be[PAI6ggett:
mean and include the City, its officers, shall incorporate all provisions of this
agents, employees, servants, and Indepen- chapter as fully operative terms of the his 3 0 t h day Of M a r C h
dent contractors. (4) Federal Communica- agreement, and including an agreement t Y
tions Commission. (5) Franchise. The with respect to rental of the City's trans-
term 'franchise' shall mean the non-exclu- mission line poles and other municipal
sive authorization to erect, install, properties; and, obtain council approval of 19 90
construct, reconstruct, replace, remove, such other contracts, leases, licenses and / '1
repair, maintain and operate in or upon, permit as the council shall determine to be " Notary NOta PUbIIC
under, above, across and from the necessary and proper for the protection of ���CCC
streets, avenues, highways, sidewalks, the public interest. Sec. 25.3. TERMS in and for the State of Iowa
bridges and other public ways, easements, OF FRANCHISE. The franchise and the
and rights-of-way, as now existing and all rights, privileges, and authority thereby
extensions thereof and additions thereto, granted, subject to the provisions of this Fees,$ 269 . 27
In and belonging to the city (hereinafter article, shall take effect and be in force
sometimes called municipal properties'), from and after final approval thereof, as
all necessary poles, wires, cables, coaxial provided by law, and shall continue in tilities or services thereto; or (h) make
u
cables, transformers, amplifiers, under- force and effect for a term of not more void or voidable any insurance then in
ground conduits, manholes and other tele- than fifteen (15) years. Sec. 25.4. U force affecting the same or cause an in-
crease affecting
USE
vision and/or radio conductors and fixtures OF PROPERTY. The grantee may use the rates applicablecause
thereto.
for the sole purpose of the maintenance and public right-of-way within the City and, Sec. 25in TAXES. The grantee shall
operation In the city of a cable television with the written consent of the owner pay all real estate taxes, special assess-
system for the origination, interception, thereof, private property within the City,
sale and distribution of television and in furtherance of such activities within ments, personal property taxes, license
radio signals, all in strict accordance the City as may now or hereinafter be fees, permit fees and other charges of a
with the laws, ordinances and regulations like nature which may be taxed, charged,
g consistent with generally accepted p cable assessed, levied, or imposed upon the
of the United the
of America, the State pies applicable to the operation of a cable
of Iowa, and the city, as now existing or television system subject, however, to the Property of the grantee and upon any
hereafter adopted or amended, subject to services rendered by the grantee. Sec.
1 following restrictions: ve The grantee 25.6. INSURANCE. The grantee shall, at
shall comply with all governmental laws, all times during the term of the franchise,
ordinances, rules or regulations as may now
or hereinafter be applicable thereto. (2) carry and require their contractors to
The grantee shall not use or occupy or carry: (1) Insurance in such forms and
permit public property or private property in such companies as shall be approved by
to be used or occupied or do or permit the City to protect the City and grantee
anything to be done on or about public from and against any and all claims, injury
property or private property which will, in or damage to persons or property, both
any manner: (a) impair the owner's inter- real and personal, caused by the construc-
est in or title thereto; (b) impair the tion, erection, operation and maintenance
mortgage or lease as may now or hereinaf- of any structure, equipment or appliance in
ter be applicable thereto; (c) adversely connection with the cable television sys-
affect the then value er character thereof; tem. The amount of such insurance shall
(d) cause or be likely to cause structural be not less than $100,000 as to any one
damage thereto, or any part thereof; (e) person, $300,000 as to any one occurrence
cause or be likely to cause any damage or for injury or death persons, and
injury to any utilityto grantee,
service available for damages to prr operty, with, as
thereto; (f) create a public or private to grann tee, so-called umbrella coverage of
om-
nuisance, cause any offensive or obnoxious at least $5, suranc. s Workmen's Cthe
vibration, noise, odor or undesirable laws of tion
Insurance w provided by the
effect or interfere with the safety, laws of the State n Iowa h amended. (3)
com- Automobile Insurance with limits of not
fort or convenience of the owner thereof, less than $100,000/$300,000 of public
and persons lawfully on or about the liability coverage and automobile property
same; (g) violate the rules, regulations damage insurance with a limit of not less
and requirements of any person furnishing
than $100,000 covering all automotive
equipment, with, as to grantee, so-called
umbrella coverage of at least $5,000,000.
(4) All of said insurance coverage shat Sec. 25.13. COMPLIANCE WITH APPLICA-
provide a ten (10) day notice to the City BLE LAWS. During the term of the fran-
in the event of material alteration of chise, the grantee shall comply with all
cancellation of any coverage afforded it governmental laws, ordinances, rules or
said policies prior to the date of sac( regulations as may now be hereinafter the Ames Cable Television Commission and
material alteration or cancellation shal applicable to the construction, operation, publish once each week for two weeks in a
become effective. (5) The grantee shal maintenance, repair, replacement, renewal, newspaper of general circulation in the
pay all reasonable expenses incurred by thi reconstruction, and removal of a cable City a map of the City of Ames on which
City in defending itself with regard to al television system, the sale and supply of there shall be clearly and precisely shown
damages, penalties or other claims result audio and video communications services, those places, addresses, sites or locales
ing from the acts of the grantee, it the use of public property and private of the city to which the grantee intends to
assigns, employees, agents, invitees, o property and the engagement in such fur- defer service as aforesaid and further
other persons. Said expenses shall includ ther activities as may now or hereinafter stating: (a) That the costs and computa-
all out-of-pocket expenses such as attor be consistent with generally accepted tions showing that service to the subject
ney's fees, and shall include the value o principles applicable to the operation of a areas will be non-compensatory to the
any service rendered by the City Attorne cable television system. Sec. 25.14. grantee is on file at the Ames Public
or any other officers or employees of th INSTALLATION AND MAINTENANCE OF Library and there available for study and
City. Sec. 25.7. REPAIRS. During th PROPERTY OF THE GRANTEE. During copying by any person on request. (b)
term of the franchise, the grantee shall the term.of the franchise, the property of That any person opposed to all or any
at its own expense, make all necessar the grantee shall be constructed, operated, Part of or place of such proposed deferral
repairs and replacement to the property ( maintained, repaired, replaced, renewed, may file a written protest in the office of
the grantee. (1) Such repairs and replace reconstructed, and removed in accordance the City Clerk for the City of Ames. (2)
ments, interior and exterior, ordinary a with generally accepted engineering princi- For those places, addresses, sites or
well as extraordinary, and structural a ples so as not to endanger or interfere locales for which no written objection is
well as non-structural, shall be mac with the lives of persons or to interfere filed by 5:00 p.m. on the tenth business
promptly, as and when needed. Se( with improvements which the City may day following the last date of publication,
25.8. HOLD HARMLESS. During the ter deem proper to make or to unnecessarily the deferral shall be final and in effect,
of the franchise, the grantee absolute] hinder or obstruct pedestrian or vehicular unless or until protested and denied by the
assumes and agrees to pay the City fol traffic or use of public property or pri- Cable Television Commission as hereafter
and the grantee forever indemnifies tt vate property. Sec. 25.15. INTERFER- Provided. (3) For those places, addresses,
City against, and agrees to hold and sac ENCE. The grantee's cable television sites or locales for which a protestor can
the City harmless from, any and all dan system shall be so designed, engineered provide written, documented evidence
age, injury, costs, expenses, liability and maintained so as not to interfere with showing that the grantee's projected costs
claims, settlements, judgments, decrees an the radio and television reception of of service are unreasonably high or that
awards of every kind and nature whatsoev persons who are not subscribers of the projected revenues are unreasonably low,
er, including attorney's fees, costs an, grantee. Sec. 25.16. INSTALLATION OF the Cable Commission shall, after notice
CABLES. The grantee shall have the and an opportunity for public hearing,
right, privilege, and authority to lease, approve or deny the deferral of service.
rent, or in any other manner obtain the (4) The standard for determining if service
use of wooden poles with overhead lines, to the place or locale proposed for defer-
conduits, trenches, ducts, lines, cables ment would be non-compensatory shall be
disbursements, that may ever be claimed whether the grantee will realize a rate of
Y and other equipment and facilities from any return of not less than 12% after taxes as
against the City by any person or atsoev-lleged and all holders of public licenses and determined by dividing projected gross
loser,s,
or on account Injury
any actual or alleged franchises within the City, and c use such receipts from customer services in the
loss, damage or e injury to any property poles, conduits, trenches, ducts, lines, locale or place, less expenses, by the cost
whatsoever, however arising from or related and cables in the course t its business. of construction to the place or in the
to or connected with, directly or indirect- The grantee shall install its cable on the locale for which service is to be deferred.
or (1 injury to or death of any person, existing poles owned other holders See. 25.22. SERVICE RE
or loss,, franchises
damage or.injury to any property public licenses and franchises with thea g UIREMENTS.
During the term of the franchise, the
of the grantee; and/or (2) the non-obser- City whenever possible for the installation
Vance by the grantee of the provisions of of its cable. When installation of cable grantee shall furnish reasonable, adequate
an laws, statutes, ordinances, resolu- and efficient cable television service to
Y on poles u insufficient, or when holders subscriber terminals. This requirement
lions, regulations or rules duly promulgat- of other public licenses or franchises have q
ed by any governmental entity which may both installed underground cable, then in may be temporarily suspended due to cir-
be applicable directly or indirectly, to cumstances beyond the reasonable control of
rights, that event, the cable used ou the grantee the grantee, with the approval of the Cit
g privileges, and authority, and the shall be Installed underground. Sec. Y
obligations and liabilities, assumed by the 25.17. RESTORATION OF GROUND SUR- which shall not be unreasonably withheld.
grantee under the franchise; and/or (3) FACE. In case of any disturbance of Sec. 25.23. PERFORMANCE STAN-
the non-observance by the grantee of any pavement, sidewalk, driveway or other DARDS. The grantee shall produce a
of the terms and conditions of the fran- surfacing, the grantee shall, at its own picture in black and white or in color that
chise; and/or (4) the granting of the cost and expense and in a manner ap- is of high quality accompanied by proper
Franchise. Sec. 25.9. ASSIGNMENT. proved by the City, replace and restore all sound on typical standard television sets
The grantee shall not assign or transfer paving, sidewalk, driveway, or other sur- in good repair. The grantee shall also
any right granted under this ordinance to face including any street or alley dis- transmit signals of adequate strength to
any other person, company, or corporation turbed, in as good a condition as before produce good pictures with good sound at
without prior consent of the City Council, said work was commenced. See. 25.18. all subscriber terminals throughout the
which consent shall not be unreasonably ALTERATION OF GRADE. In the event City without causing cross modulation in
withheld, provided that the grantee shall that, during the term of the franchise, the the cables or interfering with other elec-
have the right to assign the provisions of City shall elect to alter, or change the trical or electronic systems. The grantee
this ordinance to a corporation which owns grade of any street, alley, or public way, shall maintain signal quality in accordance
or is wholly owned by the grantee, or to a the grantee, upon reasonable notice by the with accepted industry standards through-
limited partnership of which the and relocate its out the duration of the franchise. See.
P P grantee or City, shell remove, relay, 25.24. CHANNEL CAPACITY AND PERFOR-
other wholly owned subsidiary of Heritage poles, wares, cables, underground con- MANCE. During the term of the fran-
Communications, Inc.,n is a general partner, ducts, manholes, and other fixtures at its chise, the cable television system of the
without prior consent O the City. Sec. own expense. Sec. ES. TEMPORARY grantee shall conform to the channel capac-
the a INSOLVENCY an GRANTEE. In REMOVAL OF CABLES. The grantee ity and performance requirements con-
the event that the grantee shall become shall, on the request a any person holding tained in the then current regulations of
the property
y be declared a bankrupt, or a building moving permit Issued by the the FCC. Sec. 25.25. ACCESS CHAN-
the property of the grantee shall come into City, temporarily raise or lower its cables NELS. A grantee shall provide access
the possession of any receiver, assignee or a permit the moving of buildings. The channels, subject to the regulations of the
other officer acting under an order of expense of such temporary removal, d b Federal Communications Commission, as
court, and any such receiver, assignee, �g a lowering es cables shall be paid be follows: (1) A specially designated,or other such officer shall not be dis- the person requesting the same and the grated,
charged within sixty (60) days after taking grantee shall have the authority to require non-commercial public access channel avail-
possession of such property, the City such payment in advance. The grantee able on a first come, non-discriminatory
may, at its option, terminate the franchise shall be given not less than five (5) days basis. (2) A specially designated channel
by giving written notice thereof to the for use by the Ames Community School
grantee. Sec. 25.11. DEFAULT OF advance notice to arrange for such tempo- District. (3) A specially designated
g TRIMMING. The grantee shhallall have the TREE
GRANTEE. In the event the grantee shall racy cable changes. Sec. channel for use by the City pursuant to
the policies and directions of the City
fail to comply with any of the terms and authority to trim trees upon and overhang Council. (4) A specially designated chan-
conditions of the franchise within thirty ing streets, a Iowa State University.alleys, sidewalks, and public nel for Io In addition
(30) days after receipt of notice in writ- places of the city so as to prevent the y'
ing from the City specifying the failure or branches of such trees from coming in to the foregoing requirements there shall
default, the City may, at its option, contact with the cables of the grantee. be made available a pool of two more chan-
terminate the franchise by given written nels for one year from the date of the
g All trimming shall be done at the expense
notice thereof to the grantee. This sec- of the grantee and 2 franchise. Should there be no significant
accordance with City
lion shall not apply to failures or de- standards. Sec. 5.21. LINE EXTEN-
use of said additional channels in the one
faults beyond the reasonable control of the SIONS. Grantee shall extend its cable year period, Heritage shall be released
grantee. See. 25.12. TERMINATION. In television system to newly annexed areas as from any further obligation to make the
the event of termination or non-renewal of rapidly as possible. However, under proce- said pool channels available. Sec. 25.26.
the franchise, grantee at its own expense dures hereafter established, the grantee PUBLIC SERVICE INSTALLATIONS. (1) A
will remove all coaxial cable, amplifiers may defer service when service would grantee shall, without charge for installa-
and an other items of equipment which tion, maintenance, or service, make single
Yotherwise d required hereunder for those .installations of its standard cable televi-
may have been installed from time to time, places, addresses, sites se locales of the sion service facilities with one convertor
Grantee
however, that c the event that City where due It sparse population or at. each of the following locations in the
Grantee is successful a concluding a sale unusually difficult construction condi- City: (a) City Administration Building;
or transfer of its system to a franchisee, lions, service would be economically non- b Fire Station; c Police Station;
grantee shall be relieved of its obligation compensatory to the grantee. The proce- ( ) ( ) (d)
to perform unde the terms of this section. dure for obtaining the right to so defer Public Library; (a) All public school
service shall be as follows: (1) File with buildings of the Ames Community School
District; and (f) All accredited private
schools for elementary and secondary edu-
cation but not to include day care centers
and nursery schools. (2) A grantee shall chapter; (b) From time to time as the
interest at the maximum legal rate until commission shall deem a
r
pace, or service, make single installs- paid. (4) The City shall have the right to less often than once everyottwot(2)but not
without charge for installation, matnte-
lions of its standard cable television inspect at all times during business hours make recommendations to the cit years,
service facilities with one convertor at a grantee's records of or pertaining to the for any amendments to this chapter deemed
each of five reasonable and appropriate at local gross revenue from which its fran- Iby the commission to be advisable; (c
chile payments are computed and the right an annual report to the Ames City
locations for Iowa State University. (3) of audit and recomputation of any and all Council on the status, progress and devel-
The grantee shalt establish and maintain, amounts paid under a franchise. No accep- pment
at grantee's sole expense, a building space tance of an o of cable television service and
that is reasonably suited to meet and Y Payment shall be construed programming in the City of Ames;support the production of public access tion of)any claim the e or as an aCityd and may have ffor Prepare and submit to the city council for
programming. The grantee shall also pro its consideration annually, a proposed
further or additional sums payable under a program for regulation and advancement of
vide, on a one time basis, $60,000 for the
purchase of studio equipment. Sec. otherhobli or gation for
thereunder performance
Sec. 25 of ny cable television service and programming in
25.27. SUBSCRIBER RATES AND CHARG- the City of Ames and a fiscal year budget
ES. Grantee shall have the right, INJURY TO PROPERTY OF THE GRANT- for such
g Prime EE. No person shall wrongfully or unlaw budget notrtore ceederevenues available total amount of ato
rage, and authority to charge reasonable fully injure the property of the the City of Ames from cable television
rates and charges to its subscribers for P P Y grantee.
its services. Grantor reserves the ri ht Sec. 25.32. INTERCEPTING SIGNALS OF franchise fees.
to reimpose rate regulation should the law THE GRANTEE. No sion shall be appointed Members a the commis-
person shall wrongful- pro➢nted by the mayor, sub
change in this regard. Sec. 25.28. SER- ty or unlawfully intercept the signals of ject to the approval of the city council,
VICE RULES AND REGULATIONS. The the grantee. Sec. 25.33. PENALTY. in accordance
grantee shall have the right to prescribe Any person violating any of the provisions procedures for appointments
such other general
reasonable service rules and re of Section 25.31 or 25.32 of this ordinance tive agencies as have beenestablished by
gulof its shall be guilty of a misdemeanor, and upon ordinances of the City of Ames.
and operating rules for the conduct o[ its
business. Such rules and re conviction, be subject to a fine of not to adult resident of the City of A shall
Any
be consistent with the terms regulations
datconditions exceed One Hundred Dollars Y Ames shall be
imprisonment no exceeding thirty
sr qualified for appointment to the commis-
of the franchise. Sec. 25.29. SERVICE Y y Sion. (5) The term of appointment shall be
AGREEMENTS. The grantee shall have the and does 4 hereby ACCESS.
ant to theanCity tee shall
Yi ar➢n ve )w yearsich
ginning April 1 of the
right to prescribe a reasonable form of right to enter upon the property of the appointment is made, pro
service agreement for use between the grantee, upon reasonable notice, at any vided, however; that the first members of
grantee and its subscribers. Such service and all reasonable times to inspect the the commission shall, f drawing a lots,
agreement shall be consistent with the same for purposes pertaining to the rights obtain) yterms of office of one (1) year, two
terms and conditions of the franchise. of the City. Sec. 25.35. DISCRIM NA- and Yfive three (3) years, four (4) years,
Sec. 25.30. FRANCHISE FEES. During TION PROHIBITED. The (5) Years respectively. If a the term of a franchise, a grantee shall grant any undue preferences advantageoreel Position becomes vacant before expiration
of the term of office, the mayor, in accor-
pay to the City a Burn of money equal to to any person, nor subject any person to dance five percent (5%) of the annual local gross prejudice or disadvantage with respect to aPpointwath established procedures, shall
revenues accruing from services rendered rates, charges, services, service facili- the unexpireds term to Sery There shal balance of
with the City. Sales tax or other taxes ties, rules, re regulations, or in an reappointments of the same
levied direct) on a g Y other
Y per subscriber basis respect. Sec. 25.36. OTHER BUSINESS second term except that a person to a
and collected by a grantee shall not be ACTIVITIES PROHIBITED. During the ed to serve the balance of canon appoint-
included in computation of sums due the initial term of the franchise, or any y be a unexpired
If City. Said fees shall be aid term may appointed to one full term e
P quarterly extension thereof, the grantee shall not such appointment
not later than August 15, November 15, engage in the business of selling, leasing, will not result [n the February 15 and May 15 for the preceding same person serving ) the commission for
P g renting or servicing television or radio more than seven
three-month period ending, respective) (7) the
years.June 30, September 30, December 31, and receivers, or their parts and accessories, (6) Members of the commission shall serve
and the grantee shall not require or at- without compensation except that actual
March 31. Not later than the date of each tempt to direct its subscribers to deal expense incurred by a member in perfor-
payment, grantee shall file with the city with any particular person or firm with duties
Council, a written statement signed under respect to said activities. Sec. 25.37. mance of with such be reimbursed in
penalty of perjury by an officer of the ARBITRATION. Any controversy between accordance procedures as are
grantee, which identifies in detail the the City and the grantee regarding the established by the commission and the
sources and amounts of gross revenues rights, duties or liabilities of either director of finance for the City of Ames."
received by a grantee during the quarter party under the franchise shall be settled Section Two. The doing of any act s ohib-
for which Payment is made p_ fail by this ordinance, or the omis sion or
. (1) No accep- by arbitration conducted under the auspices failure to perform any act or duty required
tance of any payment shall be construed of the American Arbitration Association and Y this ordinance shall be
as an accord that the amount paid is, in in accordance with Chapter 679A of the infraction subject to such a municipal
fact, the correct amount. (2) No accep- Iowa Code. Such arbitration shall be remedypenalty and
tance of any payment shall be construed before three (3) disinterested arbitrators, A by law provided. Section
as an accord that the amount aid is, in (1 named b the City, Three. A11 ordinances or parts of'or di-
as one ) y (1 one named
named Ponces o conflict herewith shall be re-
fact, the correct amount, nor shall such by the grantee, and one (1) named by the Pealed to the extent of such conflict if
acceptance of payment be construed as a two (2) thus chosen. The decision of the any. Section Four. This ordinance shall
release of any claim which the City may arbitrators shall be conclusive and shall
be enforced in accordance with the laws of be in full force and effect from and after
have for further or additional sums payable Its passage and
under the provisions of this Section. (3) the State of Iowa. Sec. 25.38. SALE OF Publication as required by
Any franchise fees which remain unpaid law- Passed this 20th day of March,
SYSTEM. In the event Cablevision decides 1990.
after the dates specified above shall be to sell the Ames cable system, the City Nancy Dionigi, City Clerk
delinquent and shall thereafter accrue shall have the right of first refusal to Larry R. Curtis, Mayor
purchase the system at fair market value Published in The Daily Tribune March 28, 1990.
provided that the City shall be required to
Pay no less than the highest bona fide
offer received by Cablevision. Sec. 25.39.
SEVERABILITY. If any section, provi-
sion or part of this ordinance shall be
adjudged to be unconstitutional, illegal,
invalid, or inapplicable to any person or
circumstances, such adjudication shall not
Affect the validity of this ordinance as a
hole, or any section, provision or part
thereof not adjudged to be unconstitution-
al, illegal, invalid or inapplicable to any
person or circumstances. Sec. 25.40.
RESERVATIONS. The right is reserved to
the City Council or its successor or equiv-
alent to adopt, in addition to the provi-
sions contained herein and in existing
applicable ordinances, such additional
regulations as it shall find necessary in
the exercise of the police power. Sec.
25.41. CABLE TELEVISION COMMISSION
ESTABLISHED; POWERS AND DUTIES,
METHOD OF APPOINTMENT, QUALIFICA-
TIONS, COMPENSATION, TERM OF MEM-
BERS. (1) There is hereby created and
established as an administrative agency of
the City of Ames, a five (5) member com-
mission to be entitled the Ames Cable
Television Commission. (2) The powers
and duties of this commission shall be as
follows: (a) To establish and promulgate
such rules for the implementation of the
provisions of this chapter as they shall
deem necessary or useful, provided such
rules shall not exceed the scope_ of the
provisions of this chapter and shall not be
in conflict with any provision of this