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HomeMy WebLinkAbout06/14/1994 Council Minutes CITY OF FAIRFA CITY COUNCIL MEETING - TUESDAY JUNE 14, 1'994-7 : 00 P.M. -CTIY HALL TENTATIVE AGENDA: Approval of Agenda, Minutes of Previous meeting, Budget and Financial Reports . DISCUSSION WITH POSSIBLE ACTION ON THE FOLLOWING AGENDA ITEMS : 1 . Sheriff ' s Department . 2 . Maintenance Report . 3 . Cigarette Permit for Star Hotel . Possible discussion on dropping the residential garbage fee . 4 . Prairie Roadu.ilders . - Mr . Scott 5 . Building Permits - Dean Hamilton - Garage Paul Kirk - Deck & Garage Joe Ostrenga - Garaage 6 . Street Light Resolution for new Street Light on Main St . by B&E Apts . 7 . Library Report . 8 . Cox Cable Franchise Ordinance 189 . 9 . Ordinance 188 - Meter Deposit for rental properties . 10 . Permission to pay all bills that should come in before end of F/Y . Pay bills presented for payment. 11 . Opportunity for citizens not on the agenda . 12. Adjournment . CITY OF FAIRFA Mayor Sheely opened the meeting of the Fairfax City Council at 7 : 00 p. m. Council persons present , Wainwright, Neuhaus , and Root . Absent Shakespeare and Stallman. Motion by Wainwright , 2nd Neuhaus to approve the Agenda, Minutes of previous Meeting, Budget and Financial Reports . MC. No Sheriff ' s representative present . Motion by Neuaaus , 2nd Wainwright to approve the Cigarette permit for the Star hotel and Livery. MC. Regarding dropping the residential garbage at the Hotel, council said as .long as someone is occupying the apartment, they will be charged for the garbage . Motion by Wainwright, 2nd Root to approve the building permit for Paul and Nadine Kirk for a new garage and deck. MC. Motion Neuhaus , 2nd Wainwright to approve the building permit for Dean Hamilton for a new garage . MC . The Building permit for Joe Ostrenga was not approved until some revised figures are presented. Street Lighting Resolution approved on a motion by Neuhaus , 2nd Wainwright . ORIDINANCE 189 Cox Cable Franchise approved on a motion by Neuhaus , 2nd Root . MC, Motion by Wainwright, 2nd Neuhaus to approve ORDINANCE 188 - CONSUMER DEPOSITS . MC Motion by Wainwright, 2nd Neuhaus to send the bill from Hall & Hall to Tom Arp for payment . MC Discussion on the following items , trailer parked at Banes Construction, fixing Mrs . Carvers yard, where main repairs were made , Prairie Roadbuilders presented the street schedule . The Clerk will order a sign LOCAL TRUCK TRAFFIC ONLY , to be installed at the City Limits by Southview Rd. E , Contact the DOT' on when they will be starting on Hwy 151 . Contact Linn Co . Roads about the Ditch along Southview Rd . Motion by Neuhaus, 2nd Wainwright to adjourn at 8 : 05 p . m. Mark E . Sheely, Mayor Betty J . Panek City Clerk ORDINANCE 188 AN ORDINANCE AMENDING TITLE VI - COMMUNITY DEVELOPMENT AND ENVIRONMENT, CHAPTER 1 - WATER SERVICE , ARTICLE III - WATER RATES , SECTION 6-1 . 0306 - CONSUMER DEPOSTIT , SECTION 6-1 . 0307 -- PROPERTY OWNER RESPONSIBLE AND SECTION 6-1. 0308 - LIEN FOR NONPAYMENT , OF THE CITY CODE OF FAIRFAX , IOWA BE IT ORDAINED BY THE CITY COUNCIL OF FAIRFAX , IOWA. Section 1 . The purpose of this ordinance is to amend Section 6-1. 0306 - Consumer Deposits , Section 6-1 . 0307 - Property Owner Resppnsible and Section 6-1 , 0308 - Lien For Nonpayment , of Title VI -- Community Development and Environment , Chapter 1 - Water Service ,, Article 3 - Water Rates of the City Code of Fairfax, Iowa . Section 2 . Section 6-1 . 0306 - Consumer Deposits , of Title VI - Community Development and Environment , Chapter 1 - Water Service , Article 3 - Water Rates of the City Code of Fairfax, Iowa is hereby amended by deleting Section 6-1 . 0306 in its entirety and substituting in lieu thereof the following: 116-1 . 0306 CONSUMER DEPOSITS . There shall be required from every consumer or prospective consumer of water service a deposit intended to guarantee the payment of bills for service as follows : 1 . A deposit of $ o shall be paid to city for residential rental properties where the charges for water services are separately metered and paid directly by the tenant . A deposit of $ 00 shall be paid to the city for all other properties . `., Section 3 . Section 6-1 . 0307 Property Owner Responsible, of Title VI - Community Development and Environment , Chapter 1 - Water Service , Article 3 - Water Rates of the City Code of Fairfax , Iowa is hereby amended by deleting section 6-1 . 0307 in its entirety and substituting in lieu thereof the following : 116-1 . 0307 PROPERTY OWNER RESPONSIBLE . All rates or charges for water service , if not paid as provided by Ordinance or Resolution, are a lien upon the premises served and shall be enforced as provided in Section 384 . 84 of the Iowa Code . " Section 4 . Section 6-1 . 0308 Lien for Nonpayment of Title VI - Community Development and environment , Chapter 1 - Water Service, Article 3 - Water Rates of the City of Fairfax , Iowa is hereby amended by deleting Section 6-1 . 0308 in its entirety. Section 5 . All ordinances and parts of ordinances in conflict hereof are hereby repealed. Section 6 . Severability. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section,. unconstitutional . Section 7 . This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Adopted this 144 day of 1994 , and approved on the same date . Mark S . Sheely, Ma or ATTEST; Betty J. (�aijk, City Clerk u FAIRFAX FRANCHISE AGREEMENT TERM: 15 YEARS ._a ORDINANCE NO. AN ORDINANCE REGULATING CABLE TELEVISION SYSTEMS WITHIN THE CITY, PROVIDING FOR CITY REGULATION OF THE USE THEREOF CONSISTENT WITH FEDERAL COMMUNICATION COMMISSION RULES AND REGULATIONS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF CABLE TELEVISION SYSTEM FRANCHISES; PROVIDING FOR OP'EIRATIONAL STANDARDS,; ESTABLISHING CONDITIONS FOR THE USE OF CITY-STREETS, ALLEYS,, SIDEWALKS, BRIDGES AND OTHER CITY-OWNED RIGHT'-OF-WAY AND CITY OWNED PROPERTY; ESTABLISHING RATES AND CHARGES; AND PROVIDING FOR PENALTIES FOR VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, as follows: Section 1. The purpose of this ordinance is to amend Title VII, Social and Economic Well Being of the Fairfax Municipal Code by adding Chapter 5, City Cable Communications Regulatory Ordinance. to Title VII. Section 2 . Title VII, Social and Economic Well Being is hereby amended by adding the following: "CHAPTER 5 CITY CABLE COMMUNICATIONS REGULATORY ORDINANCE 5. 01 DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words, and derivations shall have the meaning given .herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "City" is the city of Fairfax, Iowa. (b) "Company" is Cox Cable Cedar Rapids, Inc. , and Iowa corporation maintaining its office in Cedar Rapids, Iowa, the grantee of rights under this Regulatory Ordinance, and it ' s lawful successors and assigns. "Company" may also be referred to as "grantee" . (c) "Council" is the City Council of Fairfax, Iowa. (d) "Person" is any person, firm, partnership, association,. corporation, company, or organization of any kind. (e) "Cable television system" or "System" shall mean any system which receives and amplifies signals broadcast by one or or more television and/or radio stations and which transmits programming originated by the system itself or by another party and distributes such signals and programming by wire, cable or other means to persons who subscribe to such service. (f) "Federal Communications Commission" or "FCC" shall mean that Federal agency constituted by the Communications Act of 1934 as amended. (g) "Gross Revenues" shall mean all revenue derived or produced from or in connection with or related to, directly or indirectly, the operation of the system within this city by the company or its affiliates, subsidiaries, parents, or any person. which the company has a financial interest from or in connection with the operation of the system within the City with no deductions whatsoever. (h) "Plant Mile" shall mean a linear mile measured on the ground where wire, cable or other means is hung on strand or buried underground. 5. 02 QUALIFICATIONS OF GRANTEE AND GRANT OF AUTHORITY. This regulatory Ordinance which grants to the Company the non- exclusive right to construct, operate and maintain a cable television system in the City, was passed and adopted by the City Council after a public proceeding. Said proceeding was held after public notice was given and afforded all interested parties the opportunity to comment upon the legal, character, financial technical and other qualifications of the Company. Therefore, the City hereby grants to the Company a non--exclusive franchise, right and privilege to construct, erect, operate, modify and maintain,, in, upon, along, across, above, and over and under the highways,. streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the City, poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a cable television system for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other electronic services to the public. The right so granted includes the right to use and occupy said streets, alleys, public ways and public places and all manner of easements for the purposes herein set forth. 5. 03 FRANCHISE TERM. The Franchise granted the Company herein shall terminate 1.5 years from date of grant. The Company shall notify the City at least three (3) years prior to the expiration of its franchise as to whether or not the Company intends to seek a franchise renewal. The City Council, upon notification by the Company of its intention to seek franchise renewal, shall follow all procedures of law effective and applicable at that time. 14 . 04 COMPLIANCE WITH LAWS, REGULATION'S AND ORDINANCES. The Company shall, at all times during the life of this Regulatory Ordinance, be subject to all lawful exercise of the police power by the C'ity and to such reasonable regulation as the City shall hereafter by Resolution or Ordinance provide. The construction, operation and maintenance of the System by the Company shall be in full compliance with such portions of the National Building and Electric Code and National Electric Safety Code as may be applicable and as the same may be amended and revised from time to time, and in full compliance with all other codes, ordinances, rules and regulations now in effect or hereinafter adopted by the Federal Communication Commission, the City, or other agency of the State of Iowa or the United States, which may hereafter acquire jurisdiction of the operations of the Company authorized herein. 5. 05 LIABILITY AND INDEMNIFICATION. The Company agrees to assume entire responsibility and liability for all damages or injury to all persons, whether employees or otherwise, and to all property arising out of, resulting from or in any manner connected with, the execution and performance by the Company or the City of the terms and conditions of this Ordinance or occurring or resulting from the use by the Company, its agents or employees of material, equipment, instrumentalities or other property, whether the same be owned by the City, the Company or third parties; and the Company agrees to indemnify and save harmless the City, its employees, agents and elected officials from all such claims, including, without limiting the generality of the foregoing, claims for which the City may be or may be claimed to be liable, and legal fees and disbursements paid or incurred to enforce the provisions of this paragraph; and the Company further agrees to obtain, maintain, and pay for such contractual liability insurance coverage and endorsements as will .insure the provisions of this paragraph. The City shall notify the Company within a reasonable time after the presentation of any claim or demand to the City, either by suit, or otherwise, made. against the City on account of any negligence or contract on the part of the Company. A failure or delay of the City to notify the Company shall not relieve the Company of its obligation to the City, unless the Company is prejudiced by such failure or delay. The Company further agrees as follows: (a) Company shall carry Worker' s Compensation insurance, with statutory limits, and Employer' s Liability insurance as required by law. (b) Company shall carry Comprehensive General Liability and Comprehensive Automobile Liability insurance with bodily injury limits of not less than $3 million (three million dollars) , naming I the City as additional insured with separable limits of no less than said amount. (c) Company' s Workers ' Compensation, Comprehensive General Liability and Comprehensive Automobile Liability insurance shall be written by an insurance company approved by the City, and Company agrees to furnish City with certified copies of certificates of insurance of said policies,, which shall provide that insurance shall not be canceled unless (ten) days prior written notice shall first be given to the City. Where the Company is self-insured, it shall provide the City with documentation proving the viability of its self-insurance program and the size. of its risk management fund. (d) 1. Within thirty (30) days after the effective date of this franchise, the Company shall file with the City Clerk a performance bond in the amount of ($25 , 000. 010) to be maintained in full amount at all times in a surety company approved by the City as security for the faithful performance by it of all the provisions of this franchise, and compliance with all orders, permits and directions of any agency of the City having Jurisdiction over its acts or defaults under this contract, and the payment by the Company of any claims, liens and taxes due the City which arise by reason of the construction, operation or maintenance of the System. 2 . if the Company fails to pay to the City any compensation required pursuant to this Ordinance within the time fixed herein; or, fails to repay to the City, within such (10) ten days, any damages, costs or expenses which the City shall be compelled to pay by reason of any act or default of the Company in connection with this franchise; or fails, after three (3) days notice of such failure by the City Clerk, to comply with any provisions of this contract which the City Council reasonably determines can be remedied by an expenditure of the security, the City may immediately be entitled to payment, with interest and any penalties, from the bond company, which amount shall be promptly paid by the bond company. (e) Violations. For violations of this Ordinance the penalties shall be chargeable to performance bond as follows; 1. For failure to obtain prior City approval regarding installation of various parts of the System as provided for in Section 5. 15 (f) . . . . . $100 per day, 2 . For failure to provide data and reports as requested by the Council and as required in section 5. 17 . . . . $50 per day, 3 . For persistent failure to comply with this ordinance and reasonable regulations adopted by the city pursuant to this ordinance and such reasonable requests or recommendations as may be made pursuant to authority granted by the Ordinance. . . . . $50 per day. 4 . In the event that the System fails to meet any FCC performance standards for a full three (3) month period, grantee. shall pay a penalty equal to 5% of the Company' s gross revenues for the period during which the System failed to meet the standards. The City shall notify the Company during the first month of the three month period that the System has failed to meet performance standards. (f) Resident Company and Agent. All :insurance policies and bonds as are required of the Company in this Regulatory Ordinance shall be written by a company or companies authorized and qualified to do business in the (State of Iowa. Certificates of all coverage required shall be promptly filed by the Company with the City. (g) Application for Permit. Within sixty (60) days after the effective date of this Ordinance, the Company shall file with the Federal Communication Commission such request, petition or other application as is then proper to secure from said Federal Communication Commission and all necessary permits, licenses, waivers, or the like as may be necessary to be secured from said Federal Communication Commission to fully comply with the terms of this Ordinance. The Company shall concurrently submit same to the City. The Company shall thereafter diligently pursue such application with the Federal Communication Commission and shall do all reasonable things necessary and proper to secure any such permit, license, waiver, approval or the like from it. The Company shall keep the City advised, from time to time, of the progress of such application. 5. 06 SYSTEM CONSTRUCTION, MAINTENANCE( AND PROCEDURES. (a) Upon grant of this Ordinance to construct and maintain a cable television system in the City, and in furtherance of the company's execution of contracts with public utility companies or any other owner or lessee of any poles located within or without the City to whatever extent such contract or contracts may be expedient and of advantage to the Company for use of poles and posts necessary for proper installation of the System, the Company may obtain right-of-way permits from appropriate State, County, and Federal officials necessary to cross highways or roads under their respective jurisdictions to supply main trunk lines from the Company' s receiving antennas, obtain permission from the Federal Aviation Authority to erect and maintain antennas suitable to the needs of the System and its subscribers and obtain whatever other permits a City, County, and State of Federal Agency may require. The Company shall construct its cable system using material of good and durable quality and all work involved in the construction, installation, maintenance and repair of the cable system shall be performed in a safe, thorough, and reliable manner. Any municipal property damaged or destroyed shall be promptly repaired or replaced by the Company and restored to serviceable condition, at company expense. (b) The Company" s System, poles, wires, and appurtenances shall be located, erected and maintained iso that none of its facilities shall endanger or interfere with the lives of persons, or interfere with any improvements the City may deem proper to make, or unnecessarily hinder or obstruct the free use of the streets, alleys, bridges, easements or public property. (c) However, in the event that the City shall annex further territory as authorized by law, the Company shall extend energized trunk cable to the remaining portions of the city so annexed within a reasonable time acceptable to the City Council. If the annexed area is already served by a competing cable company, the grantee is not required to save the area unless it is petitioned to do so by the residents of the annexed area at the equivalent of 25 homes per mile. Nothing contained in this Section shall preclude the requirement of Section 14 . 08 of this Ordinance, from being enforced. (d) All transmission and distribution structures, lines and equipment erected by the Company within the City shall be located as to cause no interference with the proper use of streets, alleys and other public ways and places, and to cause no interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys, or other public ways and places. Wherever, within the City telephone and electrical cable is underground at the time of installation, the Company shall also place the cable television cable underground, that at any time after installation that the telephone and electrical cable is hereafter placed underground, the Company shall also at the same time reinstall and place all cable television cable underground.. (e) In case of any disturbance of pavement, sidewalk, driveway, ground or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the City; replace and restore all paving, sidewalk, driveway, ground, bushes, grass, planting, and similar, items, or surface of any street or alley disturbed, in as good condition as before said work was commenced. The City' s Commissioner of Streets and Public Improvements or his designee shall approve all requests of the Company in advance, in the case of disturbance of pavement, sidewalk, driveway, ground, or other surfacing. Further, the Commissioner of Streets and Public Improvements or his designee shall approve in advance, the time allowed for the Company to disturb pavement, sidewalk, driveway, ground or other surfacing. (f) In the event that at any time during the period of this Ordinance the City shall elect to make any improvement or change to any street, alley or other public way, the Company upon reasonable notice by the City, shall remove, relay and relocate it poles, wires, cables, underground conduits, manholes and other fixtures at its own expense. (g) The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main. The Company shall prior to commencement of any construction of any . parts or phases of the System, prepare a plat and construction schedule, which such plat and schedule shall be kept on file by the Company and may be reviewed by the City Council or its authorized representative prior to the commencement of any such construction by the Company, at the City's option. (h) The Company shall, on the request of any person holding a building moving permit, issued by the City, temporarily promptly raise or lower its wires to permit the moving of buildings. The. expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall have the authority to require such payment in advance. The Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. (i) The Company shall have the authority to trim trees upon or overhanging any streets, alleys, sidewalks, and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company. All trimming shall be done under the supervision and direction and with the approval of the City forester. All trimming authorized by this ordinance shall be done at the expense of the Company. (j ) The Company shall provide upon request and without installation charge or any type of continuing use charge of fee, service to any municipal building owned or leased and operated by the City. This shall mean only an energized cable to such building. The cost of any internal wiring shall not be the expense of the Company. (k) The Company, shall provide upon request and without installation charge or any type of continuing use charge, service to any municipal building, to any public or parochial elementary or secondary school buildings, to any non-profit higher education building, to any buildings of private or public non-profit facilities licensed by the State of Iowa as hospitals, and any other non-profit public educational agencies. This shall mean an energized cable to such building. The cost of any internal wiring shall not be borne by the Company. The Company shall have the authority to enforce signal leakage standards established in the Federal Cable Act, (1) Any public or parochial school, any non-profit higher educational institutions, any buildings of private or public non-, profit facilities, licensed by the State of Iowa as hospitals, any other non-profit public educational agencies and any municipal. buildings owned or leased and operated by the City shall be allowed to purchase converters from the Company at a reasonable cost, or, I I from any other source provided such the Company. If the converters are provided by the institution either by purchase from the Company, or, from another source meeting technical specifications,. then the same shall be maintained by the institution or agency without any monthly charge by the Company. If the Company provides the converter, then it shall be the responsibility of the Company to maintain the converter. 5. 07 LINE EXTENSIONS. (a) It shall be the obligation of the Company to serve all residents of the City except to the extent that density of homes, adverse terrain or other factors render providing service impracticable, technically unfeasible or economically non- compensatory as approved by the City Council. For purposes of determining compliance with the provisions of this Section, and to provide for a reasonable and non-discriminatory policy governing extensions of cable service within the City, the Company shall extend service to new subscribers, at the approved installation charge and monthly rate for customers of that classification where there are an average of twenty-five (2 5) homes per each linear mile of new cable construction. (b) In the event the standards of subsection (a) are not meta, extensions of service shall be required only on a basis which is reasonable and compensatory as shall be determined by the City Council. 5. 08 COMPLIANCE '[KITH STANDARDS. All facilities and equipment of the Company shall be constructed and maintained in accordance with the requirements and specification of the National Electrical Safety Code and such applicable ordinances and regulations set forth by the City and/or any other local, state or federal agencies, including all amendments. 5. 09 COMPANY RULES AND REGULATIONS. The Company shall have the authority to promulgate such rules, regulations, terms and conditions subject to approval of the City Council governing its obligations under this ordinance, and to assure an uninterrupted service to each and all of its customers, provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or of Federal and State laws, and City ordinances or rules and regulations of the City. The Company shall not create rules and regulations that preclude the subscriber from having an outside antenna system and antenna switch device. The Company may publish a list of acceptable switch devices and make said list available to its subscribers. The Company is responsible for maintenance of switch devices furnished by itself, but not if furnished by a source other than the Company. 5. 10 APPROVAL OF TRANSFER. (a) No transfer of control of the cable system shall take j place, whether by forced or voluntary sale, lease, mortgage„ assignment, encumbrance of any other form of disposition, without prior notice to and approval by the City Council which shall not be unreasonably refused. The notice shall include full identifying particulars of the proposed transaction, and the City Council shall act by resolution, or disapprove a transfer of control; if no action is taken within sixty days, approval shall be deemed to have been given. (b) The consent or approval of the Council to any assignment, lease, transfer, sub-lease, or mortgage of the Company shall not constitute a waiver or release of the rights of the City in and to the streets. (c) For the purposes of this Section the term "control" is not limited to majority stock ownership,, but includes actual working control in whatever manner exercised. (d) A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of 10 percent of the voting shares of the Company. (e) A mortgage or pledge of the cable system equipment or any part thereof or a leasing by a company from another person of said cable system equipment or part thereof for financing purposes or otherwise shall be made only with the prior approval of the Council and shall be subject and subordinate to the rights of the City under this ordinance or applicable law. (f) The Company shall give the City written notice of any sale, lease, or transfer of any kind of more than 5% of the voting shares of the Company. Upon such notice, the City may require the Company to produce for its examination any documents or books of account relating to the condition of the Company. 5. 11 COMPLIANCE WITH FCC RULES AND REGULATIONS. The Company shall , at all times, comply with the rules and regulations governing system operations promulgated by the FCC. This shall include adherence by the Company to FCC rules regarding technical and engineering specifications involved in the construction of the System and signal carriage therein. 5. 12 CHANNEL CAPACITY, ACCESS, AND PICTURE QUALITY. The Company shall: (a) Within one year from the enactment of this ordinance, establish a System with channel capacity of 550 MHz or 77 channels, whichever is greater. 'There shall be no diminution, a lessening of the mix, level or quality of services due to such expansion or any other implementation of any technological advancement. The Company will install and maintain a cable television system in keeping with latest state-of-the-art technology including the capability for satellite reception.. (b) Provide at least one (1) shared channel without charge for those educational uses as now or hereafter required by the Federal Communications Commission. (c) Provide at least one (1) shared channel for those public access uses as now or hereafter required by the Federal Communications commission. To the extent time is available, access channels may also be used for other broadcast and nonbroadcast. services. (d) Establish a System capable of passing standard color television signals without the introduction of material degradation of color fidelity and intelligence from the headed input to the subscriber's television receiver. 5 . 13 ACCESS REQUIREMENTS. For purposes of providing minimal provisions for access, the Company shall meet the requirements of all FCC rules which are in effect. 5. 14 PUBLICATION COSTS. The Company shall assume the costs of the publication of this Ordinance. A bill for publication costs shall be presented to the Company by the appropriate City officials upon the Company' s filing of its acceptance of this Ordinance and the said publication costs shall be paid at that time by the Company. 5 . 15 CITY RIGHT'S. (a) City Rules. The right is hereby reserved to the City to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary and reasonable in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall not be in conflict with the right herein granted, and shall not bile in conflict with the applicable laws of the State of Iowa or the United States. (b) Use of S stem b City.- The City shall have the right, during the life of this Ordinance, of maintaining upon the poles, or in the underground conduits of the Company within the City limits wire and fixtures necessary for a traffic signal control system and/or a police and fire alarm system. Such wires and fixtures shall be installed and maintained at the sole expense of the City and shall at all times comply with all the reasonable rules and regulations of the Company. The City shall also have the right to lease spectrum space from the Company for these purposes at reasonable rates subject to the technical capability of the cable system. (c) Emergency of Disaster. In the case of any emergency or disaster declared by the Mayor, the Company shall make available its facilities to the City for emergency use during the emergency or disaster period. The Company shall, at its expense, provide the Mayor's office with the emergency override equipment activated by phone lock-out, or any other feasible method or methods. (d) Liability. The city shall not be liable for any damage occurring to the property of the company caused by employees of the city in the performance of their duties, except for gross negligence. The city shall further not be liable for the interruption of service by actions of city employees in the performance of their duties, nor shall the city be held liable for the failure of the company to be able to perform normal services due to acts of god or other factors beyond the control of the city. (e) No Property Right. Nothing in this ordinance shall grant to the Company any right of property in the City-owned property, nor shall the City be compelled to maintain any of its property any longer than, or in any fashion other than in the City' s judgment its own business or needs may require. (f) Construction Approval by City. Except for individual service drops, the Company shall not erect any pole, install any underground lines or conduit, run any line,, make any attachment, nor shall any construction of any kind be commenced without the prior approval of the Commissioner of Streets and Public Improvements or his designee, which approval shall not be unreasonably withheld, and the City shall have and maintain the right to inspect the construction, operation and maintenance of the System by the Company to insure the proper performance of the terms of this Regulatory ordinance. (g) Correction of Defects. In the event the Company should violate any of the terms of this Regulatory ordinance, or any of the rules and regulations as may be from time to time lawfully adopted, the City shall immediately give to the Company thirty (30) days written notice to correct such violation, and in the event the Company does not make such correction within thirty (30) days from the receipt of such written notice, the Company shall then be subject to cancellation of the franchise, and after the expiration of an additional thirty-day written notice of cancellation from the City to the Company, the Company' s franchise, and its right to operate thereunder in the City of Fairfax shall stand forfeited and canceled. (h) Franchise Right. The City expressly reserves the right to grant additional franchises within the City to other persons for the conduct of other cable television systems under any conditions I acceptable to the City, notwithstanding that they might be alleged to be more favorable than the rights granted herein. 5. 16 ACTIVITIES 'PROHIBITED. (a) The Company shall not allow its cable or other operations to interfere with television reception of persons not served by the Company, nor shall the System interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents of the City. (b) The Company may, as to rates, charges, service facilities, rules or regulations, grant preference or advantage to any person without prior approval of the City Council . Nothing in this Ordinance shall be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules. (c) The Company may assess a monetary penalty against a. System user as a result of failure to pay a user' s bill by a specified date. However, no subscriber service shall be discontinued without such procedure and hearing as required by law. (d) The Company shall credit all subscriber or system user accounts for any loss of service that exceeds twenty-four (2 ) hours. However, the subscriber must notify the Company of the loss of service to receive the credit. 5. 17 RECORDS AXD REPORTS. The Company shall keep full, true, accurate and current books of account, which shall be made available for inspection to an auditor appointed by the City upon reasonable notice and during normal business hours. The City may order an audit of books and records, from time to time, and may also require the Company, not More than once a year to furnish the City a copy of an audit at the Company' s expense from an independent auditor. 5. 18 SUBSCRIBER RATES AND CHARGES. The City reserves the right to regulate rates pursuant to any ]Law or regulation granting such right. 5. 19 COMPLAINT PROCEDURES. (a) The Company shall by appropriate means, such as a card or brochure, as subscribers are connected or reconnected to the System, furnish information concerning the procedures for making inquiries and/or complaints, including the name, address, and local telephone numbers of the employee or agent to whom such inquiries or complaints are to be addressed. The Company shall by appropriate means require its employees or representatives to wear proper identification at all times. The City designates a city employee to be responsible for the Continuing administration of the franchise, and implementation of complaint procedures. i 5. 20 PROTECTION OF PRIVACY. (a) Except to the extent allowed by Federal law for the purpose of investigation and uncovering of theft of premium dhannels, the Company shall not permit the transmission of any signal, aural, visual or digital, including "polling" the channel selection, from any subscriber' s premises without first obtaining written permission of the subscriber. (b) The Company shall not permit the installation of any special terminal equipment in any subscriber' s premises that will permit transmission from subscriber' s premises of two-way services utilizing aural, visual or digital signals without first obtaining written permission of the subscriber. (c) It shall be unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically,. electrically, acoustically, inductively or otherwise, with any part. of a franchised CATV system within this City for the purpose of enabling himself or others to take or receive television signals, radio signals, pictures, programs or sounds, without payment to the owner of said system,. (d) Any person violating or failing to comply with any of the provisions of Section 5. 20 of this Ordinance shall be guilty of a misdemeanor and for each day of violation of failure to comply may be punished by a fine not to exceed $100 . 00 or imprisonment for a term not to exceed thirty (30) days. (e) The Company shall follow subscriber privacy regulations established by the FCC in the Federal Cable Act. 5.21 CITY RIGHTS TO PURCHASE SYSTEM AND CONTINUITY OF SERVICE. (a) City Purchase. of System upon Expiration or Revocation._ The City shall have the right to purchase the cable system if this franchise ordinance is terminated at the end of the franchise term. Should the City decide to purchase the System, it shall do so at a price not to exceed its then fair market value. In determining the fair market value of the System, the original cost of all tangible and intangible property as well as the salvage value, the book value, the replacement cost, cash flow,, and other factors may be considered. (b) The Council reserves the right to review the purchase price of any transfer or assignment of the System, and any assignee to this ordinance expressly agrees that any negotiated sale value which the Council deems unreasonable will not be considered in the rate base for any subsequent request for rate increases. Reasonableness of purchase price will be determined in accordance with criteria listed in subsections (a) and (b) applying wherever a sale occurs following revocation, subsection (b) applying whenever the System is sold under any other circumstances. I (c) Continuity of Service Mandatory. It shall be the right of all subscribers to receive all available services insofar as their financial and other obligations to the Company are honored.. In the event that the Company elects to overbuild, rebuild, modify, or sell the System, or the City terminates or fails to renew this Ordinance, or the City elects to purchase the System, the Company shall do everything in its power to ensure that all subscribers receive continuous, uninterrupted service regardless of circumstances. In the event of purchase by the City, or a change. of company, the current company shall cooperate with the City to operate the System for a temporary period in maintaining continuity of service to all subscribers. (d) At the expiration of the term for which the franchise is granted, or upon its termination and cancellation, as provided herein, the City shall have the right to require the Company to remove at the Company's expense all portions of the cable television system from all streets within the City. 5.22 OFFER OF CONVERTERS. The Company has offered to provide converters, and the City by this Ordinance accepts such offer, and by the terms of this Ordinance the Company is herewith required to provide such converters. 5.23 SYSTEM TESTING. The Company shall have on file for inspection by the City any and all testings either required by the FCC' or filed with the FCC. 5.24 ADDITIONAL REGULATIONS. The City reserves the right to adopt, in addition, to the provisions contained in this Ordinance, such additional reasonable regulations as it shall find necessary in the exercise of its police power; provided, however, that such regulations are not materially in conflict with the privileges granted in this Ordinance. However, notwithstanding and in addition to the foregoing, the City shall retain the right to amend this Ordinance., including regulation of rates, to correspond with changes in state, local or federal statutes and administrative rules and regulations. This provision will be exercised in good faith by the City Council. 5. 25 PENALTIES. Should the Company, its successors or assigns, violate any of the provisions of this Ordinance or any reasonable rules and regulations established by the City pursuant hereto, and should such violation continue for more than thirty (30) days after the City has given the Company written notice of such violation, failure or default, the same shall be cause for the forfeiture or revocation of this ordinance and the termination of all rights hereunder, provided, however, any delay in correcting such violation which is caused by factors beyond the control of the Company, shall not be included in computing the length of the continuance of such violations. In the event of the bankruptcy or receivership of the Company N all rights herein given to the Company shall at the option of the. City, be forfeited and terminated. 5.26 PROGRAM CONTENT' 'RESTRICTIONS. (a) In addition to providing basic cable television service consisting of broadcast, locally originated, access, and automated signals, the Company may offer subscribers optional services on a per-program or per-channel basis (pay cable') . The Company shall not, however, program or in any way display any programming that violates applicable obscenity laws. (b) Among the Company' s offered programming services shall be an option that would allow a subscriber to purchase a limited basic service consisting of: some or all locally receivable broadcasts, PBS, all access channels, all C-Span channels, a preview guide, and their successors. (c) The Company shall not charge a subscriber for any programming services without the subscriber's prior consent to receive and pay for such programming. 5.27 EMPLOYMENT REQUIREMENT. The Grantee shall not refuse to hire, nor discharge from employment, nor discriminate against any person regarding compensation, terms, conditions, or privileges of employment because of sex, race, color, creed, handicap, age, or national origin. The Company shall submit a copy of its Affirmative Action Program to the City within (30) days subsequent to the effective date of this Ordinance, and at least annually thereafter during the term of the franchise. 5.28 SEPARABILITY. if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or constitutional 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. Y 5. 29 BINDING ON COMPA'N'Y. The provisions, terms, and conditions of this Ordinance shall be binding upon the Company, successors, heirs, and assigns upon acceptance hereof by the Company. 5.30 COSTS, The Company shall reimburse the City for all costs and expenses, including legal expenses, relating to the preparation and publication of this ordinance, not to exceed $3500. 5. 31 FRANCHISE FEE. The City reserves the right to charge the Company a franchisee fee during each year of operation under this ordinance equal to 5 of all the Company system' s gross revenues. This fee shall be charged at the sole election of the City, but only if a similar fee is charged to other cable companies operating under a franchise granted by the City. That this Ordinance shall be in full force and effect from and after its passage and publication as provided by law. Introduced this � € day of 1994 . Passed this day of � , 4 1994 . r Mayor Attest: ` �._ m , City Clerk ACCEPTANCE OF PROVISIONS OF ORDINANCE NO. The undersigned "Company", being the Cox Cable Cedar Rapids, Inc.. , by its undersigned duly authorized officers) hereby accepts all of the provisions, terms, and conditions of this Ordinance Number and agrees that the same shall be binding upon the Company, successors, heirs, and assigns. Dated this day of 1994 CEDAR RAPIDS CABLE COMMUNICATIONS, INC. By: Mike Horan, ice President and General Manager Cox Cable Cedar Rapids, Inc. janlsem/fairfax.fran BILLS PRESENTED FOR PAYMENT GENERAL LIFETIME FENCE 293 . 00 L .L . FELLING 206 , 91 DAVIS, JONES , LAMB, INS . 313 . 60 IA - ILL GAS 72 . 01 RONALD ZENISEK 4 . 54 FAIRFAX BANK 34 . 00 FED W/H & FICA 970 . 89 IPER ' S 369 . 53 STATE W/H 134 . 08 HY-VEE 36 . 21 BAKER & TAYLOR 686 . 76 CTS 61 . 74 LANDFILL FEE 728 . 11 CHILD�RENS PRESS 75 . 39 COLLEGE COMM SCHOOL, 5 , 371 . 80 CRAWFORD QUARRY 387 . 24 CURTIS INDUSTRIES 61 . 44 DEMCO 26 . 77 DUFFY CUSTOM LAWN 38 . 00 FAIRFAX GRAIN 202 . 78 FILMIC ARCHIVES 147 . 01 GAZAWAY & ASSOC . 4 , 13 GAZETTE 58 . 06 GOLDEN APPLE PRESS 96 . 75, JACK ' S DISCOUNT 6 . 27 GRAYBILL ELECTRONICS 69 . 50 HAWKEYE FIRE & SAFETY 28 . 22 IES UTILITIES 266 . 09 IOWA LIBRARY ASSOC. 30 . 00 J . L. INTERNATIONAL 119 . 90:: LEFEBURE FARMS 840 . 00 LINN CO. AUDITOR 3 , 380 . 00!: MACMILLAN PUBL . 25 , 20 MATT PARROTT 98. 09 MID CONTINENT 60 . 70 OWENS IMPRESSIOSN 455 . 14 PAYLESS CASHWAYS 625 . 40 SMILEMAKERS 52. 40 SOUTH SLOPE TEL . 100 . 51 STEELSMITH SANITATION 2 , 906 . 76 TSC INDUSTRIES 86 . 35 WORLD BOOK 28 . 40 ZEB ' S OIL 131 . 47 RELIABLE CORP . 47 . 39 LIFTS BUS 370 . 00 ST. PAT ' S CEMETERY 200 . 00 FAIRFAX CEMETERY 200 . 00 POST OFFICE 7 . 25 MARTIN MARIETTA 451 , 48 SALARIES 4 , 017 . 84 RUT IOWA ONE CALL 30 . 85 IA IL GAS 12 . 73 PUDIL PLUMBING 315 . 00 KINGS CONCRETE 854 . 63 SOUTH SLOPE TEL . 6 . 00 PARTS CO. OF AMERICA 68 . 80 IES UTILITIES 572 . 30 IA PRISON INDUS . 47 . 10 LINN CO. REC 23 . 40 PAYLESS CORP . 59 . 60 SANKOT ' S GARAGE 38 . 20 WHITTERS CONSTRUC . 800 . 00 ZEB ' S OIL 271 . 47 DEBT SERV. HOW % NORTHERN TRUST 2 , 178 . 75 HOME SAVINGS 1 , 260 . 00 M. MARTING 1 , 260 . 00 PLEASANTVILLE BANK 30 , 900 . 00 FAIRFAX BANK 19 , 000 . 00 WATER IA - IL GAS & ELEC . 32 . 12 WATERPRO 115 . 84 CITY OF NORWAY 75 . 00 DAVIS , JONES , LAMB 95 . 80 FED W/H & FICA 179 . 68 IPERIS 63 . 81 STATE W/H 28 . 72 IES UTILITIES 198 . 84 PAYLESS 47 . 21 MISSY HOTKA 30 . 00 SALARIES 466 . 41 SEWER DAVIS, JONES, LAMB 39 . 60 BLUE CROSS 585 . 62 FED W/H & FICA 249 . 99 IPER ' S 87 . 06, STATE W/H 38 . 26 SOUTH SLOPE TEL . 63 . 75, IES UTILITIES 94 . 07 PAYLESS CASHWAYS 13 . 73 POST OFFICE 40 . 85 SALARIES 1 , 015 . 00 RECEIPTS GENERAL 39 ,124 . 69 RUT 3 , 428 . 01 DEBT SERV 12 , 285 . 94 LIBRARY T&A 115 . 00 FIREWORKS ACCT. 1 , 090 . 00 CAP INVESTMENTS 282 . 42 WATER 8 , 732 . 65 SEWER 3 , 222 . 35 Lp'�9t C ...,,..,..sluawlsanuj auk kR'Hdb'E .. .... AUP�ry� 66.14 L - salipleS . 9EL ?%7kgMq#P„`Y B4`aYA}t"51 sd'S4 = {ai a+taES gwns RgSsy seou�a�4�, �d9 '. 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