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
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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,
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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
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