HomeMy WebLinkAbout05/13/1997 Council Minutes CITY OF FAIRFAX
FAIRFAX COUNCIL MEETING-TUESDAY MAY 13 , 1.997-7 : 00 P , M. -CITY HALL
TENTATIVE AGENDA:
DISCUSSTION WITH POSSIBLE ACTION ON THE FOLLOWING AGENDA ITEMS.
1 . Approval of the Agenda, Minutes of April Meeting, Clerk' s
Budget and Financial Reports .
2 . Randall McVey, Airport Zoning Regulations .
3 . Mike Berkshire - BlueStem Landfill Siting Process .
4 . Sheriff ' s Department Report ,
5 . Building Permits : Dan & Alisa Shakespeare , Garage & Storage .
Daniel & Joan Albert - Deck
George Van Dee - Storage Shed .
6 . Ken Selzer - Moratorium on water issue .
7 . Library
8 . Fire Department .
9 . Maintenance Report .
10 . Cory Stockton - Discussion on the Stop sign on 151 & Prairie .
11 . Establishing a fee schedule for Special Permits ,
12 . Planned Unit Development .
13 . Complaints concerning dogs .
14 . Letter regarding burning .
15 . Bills presented for payment .
16 . Opportunity for citizens not on the agenda .
17 . Adjournment .
CITY OF FAIRFAX
The Fairfax City Council met on Tuesday May 13 , 1997 . May-or
Sheely opened the meeting at 7 : 00 P .M. Council present : Stallman,
Harville , Neuhaus and Wainwright , Absent Shakespeare .
Motion by Stallman, 2nd Harville to amend the Agenda to add
Ordinance 209 , Starwest Cable Franchise . MC . Motion by Neuhaus , 2nd
Stallman to approve the amended agenda, Minutes of the April
Meeting, Clerk' s Budget and Financial Reports . MC.
Randy McVey, Cedar Rapids Department of Development presented the
future expansion plans of the Cedar Rapids Airport , and its effect
on the Clear Zones for the City of Fairfax ,
Dave Hogan, BlueStem, explained the Siting process . Dave said an
announcment would be coming on May 22nd on possible sites . Open
houses will held in Faifax, Alburnett and Center Point on June 3 , 4 ,
& 5 .
Mayor Sheely opened the Public Hearing on the Cable Ordinance: at
7 : 35 p . m. Questions on adding the Kirkwood Channel and Public
Access to their lineup. No further questions or objections public
hearing closed at 7 : 45 p .m. Motion Stallman, 2nd Wainwright to
approve Ordinance 209 - Granting Starwest Inc . a Renewal of their
Cable Franchise . MC . Neuhaus moved the approval of Ordinance 209 on
its First Reading and that the Procedual requirements as setforth
in Section 380 . 3, Code of Iowa , be suspended as provided for in
that section, and that Ordinance 209 be placed on its second and
third readings by its Title . 2nd Stallman . MC.
Building Permits : Motion Neuhaus , 2nd Harville to approve the
permit of Daniel. Albert for a deck. MC , Motion Neuhaus , 2nd
Stallman to approve the permit of George: Van Dee for a shed . MC ,
Maintenance Report: The streets will be swept , and the spraying
will be done .
Discussion on the Stop Sign on Hwy 151 and Prairie Ave . Harville
will check with the DOT , and bring the information to the June
Meeting .
RESOLUTION 05139,7 - Setting Fees for Permits . Motion by Neuhaus
2nd Stallman to use Linn County fee for Conditional Use Permits ,
MC . The Fee for a Conditional Use Permit will be $174 . 00 plus
signs .
Motion Neuhaus , 2nd Harville to send PUD to the Planning and
Zoning Commission for further study, and bring their
recommendations to the Council. . MC ,
Letters were sent on complaints about dogs running loose in the
City. All dogs must be on leashes or in a fenced yard ,
Sgt , Mau, Linn County Sheriff arrived and delivered the report .
The Sheriff ' s Department was reminded that Garage Sale Day is Sat .
May 17th . , and to watch for parking problems ,
Motion by Wainwright , 2nd Harville , to approve the bills
presented for payment . MC .
Motion by Wainwright , 2nd Neuhaus to adjourn at 8 : 30 P . M.
Mark R . Sheely , Mayor .
D'etty%yne9k, City Clerk
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ORDINANCE NO.
AN ORDINANCE TO GRANT STARWEST INC., A CORPORATION
ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IOWA,
ITS SUCCESSORS AND ASSIGNS, A RENEWAL OF THE NON-EXCLUSIVE
RIGHTS, PRIVILEGES AND AUTHORITY TO CONSTRUCT, OPERATE,
MAINTAIN, REPAIR„ REPLACE, RENEW, RECONSTRUCT AND REMOVE A
CABLE TELEVISION SYSTEM ACROSS PUBLIC PROPERTY IN THE CITY
LIMITS AS IS PRESENTLY GRANTED UNDER EXISTING ORDINANCES NO.
100 AND NO. 100 (ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE) FOR AN ADDITIONAL TERM OF TWENTY-FOUR (24) YEARS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, LINN
COUNTY, IOWA
1.. Renewal of Grant to Franchise. The renewal of a nun-exclusive right is hereby
granted to Starwest, Inc., its successors and assigns, to establish, construct, operate,
maintain, repair, replace, renew, reconstruct and remove a cable television system
across public property in the city limits for an additional term of twenty-four (24)
years under terms and conditions presently granted under Ordinance No. 100 and
Ordinance No. 101, and in accordance with the laws and regulations of the United
States of America and the State of Iowa and the ordinances and regulations of the City
of Fairfax, Iowa, including the non-exclusive right, privilege and authority:
a. to sell and supply audio and video communication service to persons within the
City;
b, to use public property within the City;
C. to engage in such further activities within the City as may now or hereinafter
be consistent with the generally accepted principles applicable to the operation
of a cable television system.
2. Effective Date of Franchise. The franchise shall become effective from and after the
effective date of this Ordinance upon termination of the existing franchise under
Ordinance No. 100 and compliance by Starwest, Inc.,, with Federal Communications
Commission rules and regulations.
. Starwest, Inc. shall not assign or transfer any,right granted under this Ordinance to
any other person, company, or corporation without prior consent of the City Council,
which consent shall not be unreasonable withheld; provided that the company shall
have the right to assign the provisions of this Ordinance to a corporation to be formed
and controlled by it, without prior consent of the City..
4. Should any section, clause or provision of this Ordinance be declared invalid by a
Court of Record, the same shall not affect the validity of the Ordinance as a whole or
in any part thereunder other than the part so declared invalid.
5. All Ordinances or parts thereof in conflict with the terms of this Ordinance are hereby
repealed, provided, however, that such repeal shall only be to the extent of such
conflict.
'This Ordinance shall be in full force and effect from and after its passage and publication as
provided by law.
Introduced this _J day of ! , 1997.
Passed this IVA day of , 1997.
o
Mayor
Attest:
j.
qty Clerk
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ACCEPTANCE OF PROVISIONS OF ORDINANCE NO. "O
The undersigned "Company", being Starwest, Inc,, by its undersigned duly authorized officer
hereby accepts all of the provisions, terms, and conditions of this Ordinance Number 24,
and agrees that the same shall be binding upon the Company, successors, heirs, and assigns.
Dated this day of , 1997.
STARWEST, INC.
By.
John St" e , President of Starwe s Wlnc.
ORDINANCE NO.
AN.ORDINANCE TO GRANT STARWEST', INC., A CORPORATION
-ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE QF
IOWA, ITS SUCCESSORS, AND ASSIGNS', THE NON-EXCLUSIVE
RIGHTS, PRIVILEGES AND AUTHORITY TO CONSTRUCT, OPERATE,
MAINTAIN, REPAIR, REPLACE, RENEW, RECONSTRUCT AND REMOVE
A CABLE TELEVISION SYSTEM ACROSS PUBLIC PROPERTY IN THE
CITY LIMITS FOR A TERM OF FIFTEEN (15) YEARS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRFAX, LINN-COUNTY, IOWA
1,., Grant to Franchise. A non-exclusive right is hereby granted to
Starwest, Inc., its successors and assigns, to establish, construct,
operate„ maintain, repair, replace, renew, recanstYuct and remove a
cable television system across public property in the city limits for a
term of fifteen (15) years, in accordance with the laws and regulations
of the United States of Ameriga and the 'State of Iowa and the ordinances
and regulations of the City of Fairfax„ Iowa, including the non-exclusive
right, privilege and authority:
a. to sell and supply audio and.video communication
service to persons within the City;
b. to use public property within the City;
e. to engage in such further activities within the
City as may now or hereinafter be consistent with
the generally accepted principles applicable to
the operation of a cable.television system.
2„ Effective Date of Franchis. .. The £runat,ls6 shalL Lccu[u& cffccti've
from and after the effective date of this Ordinance and compliance by
Starwest, Inc., with Federal Communications Commission rul:s and regulations.
3. Starwest, Inc., shall not assign or transfer any right granted
under this Ordinance to any other person, company ox•corporation without,
prior consent of the City Council, which consent shall not be unreasonably
withheld, provided that the company shall have the right to assign the
provisions of this 0rdinance`to a corporation to be formed and controlled,
by it, without prior consent of the City.
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4. Should any section, clause or provision o f this Ordinance be
declared invalid by a Court of Record„ the same shall not affect the
validity of the Ordinance as a whole or' any part thereunder other than
the part so declared invalid.
5: All Ordinances or parts thereof in conflict with the terms of
this Ordinance are hereby repealed, provided, however, that such repeal
shall only be to the extent of such conflict. 1.
This Ordinance shall be in full force and effect from and after its
adoption and approval by the electors, Citiy of Fairfax, Iowa, .and its
written acceptance by Starwest, Inc., of Atkins, Iowa Can Iowa corporation).
Introduced.this 1st day of July , 1982.
Passed this 5 day of , 1982. .
An
Mayor e Stalls mn,
Attest.
'o�ia Soukup, City Cl rk
I
ORDI`;LNCE Ids
AN ORDINfL\CE REGULATING CABLE TELEVISION SYSTEMS WITHIN THE CITY OF
FAIRFAX; PROVIDING FOR A CITY REGULATION OF THE USE THEREOF CONSISTENT
WITH 'FEDERAL CO?&U;NICATION RULES AND REGULATIONS; SETTING FORTH CON-
DITIONS ACCO`[PANYI`G THE GRANT OF GABLE 'TELEVISION SYSTEM FRANCHISES;
PROVIDING FOR OPERATIONAL STANDARDS ESTABLISHING CONDITIONS FOR THE USE
OF CITY STREETS, ALLEYS, SIDEWALKS, BRIDGES AND OTHER CITY-OWNED RIGHT-
OF-WAY AND CITY O:ti'\ED PROPERTY; ESTABLISHING RATES AND CHARGES; AND
PROVIDING PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY IHE CITY COUNCIL OF' 'THE CITY OF FAIRFAX, IOWA:
Section 1. The City Code of the City of Fairfax, Iowa, is amended
by adding the following new Chapter:
CHAPTER
FAIRFA_X CABLE CO%1DIUNICATIONS 'REGULATORY ORDINANCE
Section .01. DEFINITIONS. As used in this Chapter, unless the
context otherwise requires:
(1) "City" means the City- of Fairfax, Iowa..
2} "Company" Weans Starwest, Inc•: art Iowa corporation main_.
taining its offices in Atkins, -Iowa, or such'other. proximate .location as
agreed by the City and the Company, its officers, employees, agents, and
lawful successors and assigns, the grantee of rights under this regular-
tory ordinance.
(3) "Council" means the City C'+ouncil of the City of Fairfax, Iowa.
(4) "Person" means an individual, corporation, government or
governmental subdivision or,agency, business trust, estate, Crust,
partnership or association, or any other legal entity.
(5) "Cable Television System or System" means all goods, wires,
cables, conduits, manholes,-fixtures, equipment, attachments, and all
appurtenances thereto which are used in the construction, operation and
maintenance of the cable television franchise or which receives and
amplifies signals broadcast by one 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
wine, cable or other means to persons who.subscribe to such service.
(6) "Goods" means all things which are movable whether or not
attached to realty.
(7) "Federal Conmunications Commission" or "FCC"-..means the federal
agency constituted by the Communications Act of 1934 as amended.
(g) "'Gross'Revenues" means all revenue derived'or produced from or
in connection with or related, directly or indirectly, to the operation
of the System within this City by the Company or its affiliates, sub-
sidiaries, parents or any person which the Company has a financial
interest from or in connection with the operation of the Systein within
the City, with no deductions-whatsoever.'
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(9) "Subscriber" means a person owning or leasing television
receiving goods which are physically wired to receive any transmission.
from the System or a purchaser of any service delivered over the System.
(10) "Pay Cable" means the delivery of programming to subscribers
for a fee or charge, in addition to a basic service charge, on,-a per
channel,' per program or other subscription basis.,,
Section .02. QUALIFICATI0NS 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 Council after a public bearing,.
The hearing was held after public 'notice was given and the notice afforded
all interested parties the opportunity to comment upon the legal, character,
financial, technical and other qualifications of -the Company. 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 highways, streets, alleys, sidewalks,
public ways and public places now laid out or dedicated and in all
extensions thereof, and additions thereto, in the City necessary for the
construction, maintenance and operation within 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. This grant includes the right to use and occupy
;, :ts, a?leys, public ways and public places and all manner.of ease-
merits 1-n: the purpose and in the rruwar:x set frrCh- r1_ City specl��,.ally
re.se:rvtas the right to grant additional franchises to any person, firm or
corporation at any time. .
Section .03. FRANCHISE TERMS. The franchise granted the Company
herein shall terminate fifteen (15) years7from date of grant. The
Company shall notify the City at least one (1) year prior-to the expi-
ration 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.
Section '04, 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,, the
Company shall do everything in its power to insure that all subscribers
receive continuous, uninterrupted service regardless of circumstances.
In the event of a change'of Company„ the current Company shall cooperate
with the City to operate the system for a temporary period in main-
taining continuity of service to all subscribers..
In the event that the Company fails to operate the Cable Television
System for five- (S) consecutive days without prior approval of the
Council, except for strikes, acts.of God or other circumstances beyond
the, control of the Company, the City or its agents may operate the Cable
Television System until such time that the Company again operates the
system or until a new operator is selected, in the event of revocation.
It the City fulfills this obligation of the Company, the Company shall
indemnify the City for any and all costs, expenses and damages•that
result from the Company's failure to perform.
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Section .05. RIGHT TO REQUIRE
expiration of the term for which this REMOVAL anchise is granted,�.orAupon its
termination and cancellation, as provided for herein, the City shall
have the right to require the Company to remove at its own expense all
above ground portions of the Cable Television System within the City
and the Company shall restore said streets to a condition reasonably
satisfactory to the City.
Section .06. COMPLIANCE WITH LAW TJ
S, REGLATiONS .AND ORDIN{ ICES.
The Company shall at all times be subJlect to all lawful exercise of
Police power by the City and any rules and regulations the City may
promulgate by ordinance or resolution. The consttuckion, operation and
maintenance of the System shall be in, full compliance with the applicable
previsions of the National Building ;Electrical Code and Natrona]
Electric Safety Code as they now-exist or may herbaf ter be amended and
in full compliance with all other codes, ordinances, rules and regula-
tions adopted by the City, the State or the United States or any agency
thereof which may now have or hereafter acquire jurisdiction over the
operation of the System by the Company,
Section .ii nd LIABILITY AND INDEMNIFICATION. The Company shall
defend, indemnify .and hold
damag;e$' the City harmless for and from all liability,
, cost and expenses, Including attorney fees, arising from or out
of claims of injury to persons or damage to property by reason of any
alleged conduct- (including negligence,) by the Com�sany ar the City Our
suant, to this ordinance. The City shall notify khe Company within a
reasonable time after the presentation of-any claim or demand to the
City n y of its,obligatian to th A failure of the City to n
Company the Company shall not relieve the
follows: e City« The Company further agrees as
0) The Company shall carry Workers' Compensation Insurance, with
statutory lim_.ts, and Employer's Liability Insurance as required by law.
(2) The Company shall carry Comprehensive General Liability and
Comprehensive Automobile Liability Insurance-Vith bodily injury limits
Of not less than Three Hundred Thousand Dollars ($300,000).
(3) The Company, with respect to its Comprehensive-General Liability
Insurance, shall name the City as an additional Inoured with separate
limits of no less than the amount required of the �Company,
(4) All insurance required of the Company shall be written by
insurance companies approved by the City and authorized to do business
in Iowa and with the company having agents readily available to service
the insurance policy and each insurance company sliall agree to furnish
the City with certified copies of certificates of insurance and to
provide, that the insurance shall not be c,ancelled,unleas thirty (30)
days prior written notice shall be gives; to the City.
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( ) The Company shall pay ail premiums chargeable for all Insurance
and shall keep the same in full force and effect at all times throughout
the term of the franchise granted by this ordinance and during any.
renewal thereof and during the period of time required for the removal,
of the System subsequent"to the termination of the franchise granted by
this ordinance., The performance bond required of the Company shall
contain a provision that it shall aiot, be terminated or otherwise allowed
to expire prior to sixty (60) days after written notice to that effect
is given to the City.
(L) Within sixty (60) days after the effective date of-this
ordinance, the Company shall file with the Federal Communications Com-
mission a request, petition or other application as may be proper, to
secure from the Federal.Com<ounications Commission any and all necessary
permits, licenses, waivers-or.other documents.as.may be-necessary to be
secured from the Federal Communications Commission to fully comply with
the terms of this ordinance. However., the same shall be previously
submitted to the City-. . The Company shall diligently pursue all appli-
cations with the Federal Communications Commission and shall do all
reasonable things necessary and proper to secure any permit, license,
waiver or approval from the Federal. Communications Commission. The
Company shall keep the City advised from time to time of the progress of
,its subsi-,Asions to the €eder:.? 'Coa a i:.at'_ons Cbmdiseic . "
Section .08. For violations of' this ordinance, the penalty shall,"
be as follows:
(1) For failure to obtain prior City approval regarding installa-
tion of various parts of the System - One Hundred Dollars ($100) per
day,.
(2) For failure to commence operations in accordance with this
ordinance- Fifty Dollars ($50) per day.
(3) For failure to complete construction and installation of the
System as provided in this ordinance -- Fifty-Dollars ($50) per day.
(4) For failure to provide data and reports ps requested by the
Council within thirty (30)- days of such request Fifty Dollars ($50)
per clay. . . .
(5) For persistent failure to comply with reasonable recommenda-
tions of the Council relating to rates and/or.services as provided by
this ordinance and such keasonable .requests or recommendations as may be
made pursuant to"authority granted by this ordinance Fifty Dbllars
($50) per day..
(6) In the event that the System fails to meet any FCC performance
standards for a full three (3) month period, the Company shall reduce
all subscriber fees by twenty-five percent (25x) until all FCC-perfor_,
manc,e standards are met. The City shall notify the Company during the
first mmonth of the three (3) month period that the System has failed to
meet FCC performance standards. Performance,standards shall be those
set forth by the Federal Communications Commission.
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Section .04. SYSTEM CONSTRUCTION, MAINTENANCE AND PROCEDURE. I
(1) Upon the grant of this ordinance to construct and maintain a
Cable 'Televi.sion.System in the City, and in furtherance of the Company's
execution of contr2cts with public utility companies or any other owner
or lessee of any poles located within, or without the City to wliatever
extent such contract or contracts .may 'be expedient and of advantage to-
the Company for the use of poles and posts necessary for-proper-.installa-
tion 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, 'State or Federal agency may
require. The Company shall construct its System using materials of good
and durable quality and all- work involved in.the construction, instal-
lation, maintenance or repair of the System shall be performed in a
safe, thorough, reliable and workmanlike manner.. Any municipal property
damaged or destroyed shall be promptly repaired or replaced by the
Company and restored to serviceable condition.
(2) The Company's System shall be located, erected and maintained
so that none of its facilities shall endanger or interfere with the
lives of persons, or inrerfere with any improvemeiats the City may deem,
proper to make, or unnecessarily hinder, or obstruct.tho free use of the
streets, alleys, .bridges, easements or public property.
(3) In the e%"r nt that the City s8 all acid 1 territory as auti,Uriz:ed
by law, the Company shall extend energized trunk cable to t-he portion of
the City so annexed within a reasonable time acceptable to the City
Council .but not less than one (1) year from the date the annexation is
certified, unless said extension is technically unfeasible or econom-
ically non-compensatory, as.defined in Section .11(1) of this ordinance.
Nothing contained in this section shall preclude the requirements of
Section .10 of this ordinance from being enforced.
(4 The Company's System shall be located as to cause no inter-
ference 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 said streets, alleys or
other public ways and places. Whenever in any place within the City
both the electric and telephone utilities shall be'locatad underground,
it shall be the obligation of the Company to locate, or cause its prop
erty to be located underground within such places including service
lines to the house. k'henever in any place within the City both-the
electric and telephone utilities or either one of them, shall be located
upon poles above ground, the Company may locate or cause Its cables to -
be placed upon the existing poles above ground. If eitheg.telephone gar
electric service lines to the house are overhead,. then the subscriber
shall 'have the choice of cable television service drops ,being placed
underground or overhead at his or her cost as set forfbiln Section .21
of this ordinance. If the electric utility and telephone utility shall,
be located underground in any place within the City after the Company
shall have previously installed its property above ground, it shall
nevertheless, at its own expense and at the same time or immediately
thereafter, remove and relocate its property underground'in such places.
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In areas of the City where electric and telephone utilities are under-
ground, the Company may locate certain equipment above ground upon a
shoring of necessity to and with the approval- of the City Council..
Facilities of the Company may placed underground -at a property owner's
request in an area where electric utilities and telephone utilties are
overhead and the additional expense shall be paid by the property owner
requesting the underground placement.
(5) In case of any disturbance of pavement, sidewalk, driveway„
ground or other surfacinS, the Company shall, at Its own.cost and
expense and in a manner-hpproved-by the .City, replace and restore all
paving, sidewalk, driveway, ground, 'bushes, grass,"plantings-and other
similar items or surface of any.area, disturbed, in as good of condition
as before the work was commenced. The City's Engineer or his designee
shall approve in advance, the time allowed for the Company to disturb
pavement, sidewalk, driveway, 'ground.or-.other surfacing. Unless the
City Engineer or his designee shall approve a request of the City to do
otherwise, all installations under a street,. alley or driveway shall be
prohibited.
„ (5) In the, event that at any time during the period of this
ordinance the City shall elect to alter, cr.ehange' the grade of any
street, alley or other public way, the Company upon reasonable notice by
the City, shall remove, relay and relocate any part of its System at its
crown expense.
(7) The Company shall not place any part oi;;its System where It
aLl iui.arZere witx. airy gas,-:.lvctricr or teleplrine ftxtuva, wr`cr
hydrant or main, or sewer and shall assist the City, within twenty-
four (214) hours of request, in locating mny.part of the System.
(8) The Company shall, prior to the'commeucement of any construe-
tion of any part or phase of the System, submit a plat and construction
schedule to the City Council. The plat and schedule shall be approved
by the City Council or its authorised representative prior to the com-
menement of any construction by the Company.
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(9) All other City ordinances concerning street occupancy and
construction shall be in full force and effect upon the Cable Television
System installation.
(10) The Company shall, on the request of apy person holding a
building moving permit, issued by the City, temporarily and promptly
raise or lower its wires to permit the moving.o0- said buildings.. The
expense of temporary removal, raising or lowering of wires shall-be paid
by the person,requesting the service, and the Company shall have the
authority to require payment•in'advance. The Company shall not be given
less than forty-eight (48) hours advance notice to arrange the temporary
wire changes.'
(11) The Company shall have,the authority to'trim trees upon and
overhanging streets, alleys, sidewalks and public'places of the City so
as to prevent their branches from comsing'in contact'with wires artd
cables of the Company.. All trimming,-shall be done under the direction
and supervision and with Che prior approval of the City Clerk. .#All
trimming authorized by this ordinance shall be. done at the expense of
the Company.
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(12) The Company shall provide upon request and without instal-
iation or any type of continuing user charge or fee, service to any
municipal building owned or leased.and-operated by the City. This shall
mean only one energized cable to such 'building. The cost of any internal
wiring shall not be borne•by the Company. The only buildings presently
owned, operated or leased by the City are the City Library and the City
Hall/Fire Station combined building..
(13) For those agencies listed in paragraph 12 converters shall be
provided by the Company for each outlet for maintenance charge only.
The Company shall not belresponsible for the costlof any internal wiring
to each outlet in each facility.
Section .10. CONSTRUCTION SCMMULE. The Company shall accomplish
the construction within three hundred aixty-five (-365) days after
receiving the Federal Communications C'ommission's certification. The
Company crust apply for the Federal Communications Commission's certifi-
cation within sixty (60). days after the ordinance granting the cable
television franchise to the Company is passed by,the City.
Section .11. LINE EXTENSIONS.
(1) It shall be the obligation of the Company to serve all residemtt,ts
of the City except to the extent that-density of homes.-adverse terrain
or other factors render providing service impracti-cable, technically
unfeasible or economically non-compensatory as spproved'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 Com-
Pany shall,extend service to new subscribers, at the approved instal-
lation charge and monthly rate for customers of that Classification
where there are an average of six (6) homes-per nine hundred (900) feet
of new cable �CO�struction.
(2.) In the event that the.standards,of subparagraph .1 above are
not meet, extensions of service shall be required only on a basis which
is reasonable and compensatory as shall be-determined by 'the City
Council In any individual case where it can be shown that it is
unreasonable and uncompensatory to extend cable it shell be an option of
the City to request the Company and the property:owners to agree on-a
sharing of the costs of the extension of the cable and that as future
subscribers use the extended line reimbursement be made to the original "
parties. In the event the-owner and Company are -unable to agree, the
City at Its option may require that the Company-enter into arbitration
in the same manner and to the same extent as if the City were party to
the dispute.
(3;) Whenever the Company desires to exclude an area of the City
from service by' reason of'the provisions of subparagraph 3 above.it
shall so advise the City Council and:the City.Council shall set a public,
hearing. and provide for the publication, of notice aC.the cost of the
Company and at the public hearing the persons who.may•be;affected by the
lack of said service shall have the opportunity to, appear' and be. heard.
This provision shall apply to the initial constiructioa of the System.if
any Portion of the City is not to be included in the initial cgnstruction
of the System.
Section .12. COMPLIANCE WITH STANDARDS. All -facilities and equip-
ment of the Company shall be-constructed and maintained in accordance
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with the requirements and specifications of.the National Electrical
Safety Code and other applicable ordinances and regulations of the City
of other County, State or Federal agencies, including all amendments
thereto.
Section .13. . COKPANY'RULES AND, REGULATIONS.. The Company shall
have the authority'to promulgate rules, regulations, terms and-con-
ditions subject to the approval of the City Council: governing the
conduct of its business as shall be reasonably necessary to enable the
Company to exercise its rights and perform its obligations under this
ordinance, and to assure an uninterrupted service to each and-all its
customers. The rules and regulations,, terms and--conditions so promul-
gated shall not be in conflict with the provisions- of this ordinance or
of any County, State or Federal ordinances, laws or rules and regula't'ions.
Section .14. SUBSCRIBER RIGHT'S.
(1) The Company shall not create rules and regulations that
preclude the subscriber from having, an outside antenna system and
antenna switch device.
(2) The Company shall publish a list of acceptable switch devices
and,.make said list available to its subscribers. The Company in no way
shall be responsible for servicing -of_switching.devices not purchased
from the Company.
she comp ca,?.rul,es nd reguelations shall iiot.:prohibit the
rem move'._ and reinstallation of A customer--owncdT receiving'device from any
subscriber by a trained, authorized company or firm dealing in the
repair and maintenance of these devices. There.shall be no discon-
nection or installation charge or fees for disconnection and reinstal-
7lation during the repair and replacement of any receiving device.
(4) The Company shall not allow its cable or.other operations to
interfere with television reception of persons not served by 'the Com-
pany, nor shall the-System interfere with, obstruct or hinder in any
manner, the operation of the various utilities serving the residents of
true City. The Company shall not require the removal, nor offer to
remove, any existing antenna as a condition of providing cable service. .
The, Company shall allow switching -devices from the service to the
subscriber's television antenna as :long as they provide no interference
or hazard to the System.
(5) Upon termination of service to any subscriber, for any reason,
the Company shall, upon the subscriber's written request, promptly
remove all of its above ground facilities and equipment from the sub-
scriber's premises without charge.
(6) If the Company fails to provide any material service requested
b a subscriber or programmer in accordance with• the'standards set forth
in this ordinance, the Company shall, after adequate.notification and'
being afforded the opportunity to provide the service, promptly refund
all„deposits or advance charges paid for the service in question by the
subscriber or programmer. This section includes any advance charges or
fees which may be repaid on a daily prorated basis.
Section .15. " APPROVAL OF TRANSFER.
(1) The franchise shall "not be assigned or transferred either, in
whole or in part or leased, sublet or mortgaged in any manner, nor shall
title thereto, either legal or equitable, or any right, interest or
property therein passed or vested in any person either by an act of the
Company or by operation of law without the consent of the City Council.
(y) The consent of approval of the Federal Communications Con-
mission to any assignment, lease, transfer, sublease or mortgage of the
franchise shall not constitute a waiver or release of the rights of the
City in and to the streets.
(3) Prior approval of the Council shall be required where owner-
ship or control of more than ten percent (io%) of the right of,control
of the Company is acquired by any person or group of persons acting in
concert. By its acceptance of the franchise the Company specifically
agrees that any such acquisi`ion occurring without prior approval of the
Council shall constitute a violation of this ordinance. The Company
shall, file each year an annual report of ownership to the City Council.
M Nothing-in this section shall be deemed to prohibit a mortgage
or a pledge of the System or any part thereof or a leasing by the Com-
pany from another person of System equipment or -any part thereof .for
financing purposes or- otherwise. Any such mortgage, pledge or lease
shall be made only with the prior approval of the City Council and shall
be subject and subordinate to the rights of the City under this ord -
nance and any other applicable law.
(5) City approval shall not be 'unreasonably withheld if the vendee,
assignee or lessee has filed with the appropriate officials of the City
an instrument duly executed, reciting the fact that such sale, assign-
ment or lease accepting the terms of'this, ordinance .and etreetng to
perform all conditions thereof and if proper evidence is submitted
showing such person capable of performing-the service.
Section .16. COMPLIANCE WITH.FCC RULES AND REGULATIONS. The
Company shall, at all times, comply with the rules and regulations
governing cable television operations promulgated by the Federal Com-
munications Commission. This shall include adherence by the Company to
Federal, Communications Commission rules regarding technical 'and engi-
neering specifications involvgd in the construction of the System and a
signal, carriage therein. Any modifications as provided in Section
.76.31(A,)6 of the Federal Communications Commission rules and regulations
shall be automatically included within and considered a part of this
ordinance by reference within one (1)-year after the adoption of any,
modification, or,at any time of the franchise renewal, if sooner:
Section .17. CHANNEL CAPACITY, EXCESS AND PICTURE QUALITY. The
Cable, Television System to be installed shall:, .
(1), Have a thirty-five (35) channel capacity and a technical.
capacity for return or two-way. communication. The Company'shall install
and maintain a Cable Television System in keeping with the latest state.
of the art technology including the capability for, satellite*reception
and two-way communication.
(, ) Provide one (1) channel, without charge, for the exclusive .use
of the.City Council of the City of Fairfax. This channel may be shared
with other Fairfax services with the understanding that the City- has
first priority prE usage. The Company shall provide technical and produc-
tion assistance as needed.
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(3) Be capable of passing standard color television signals with-
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out the introduction of material degradation of color fidelity and
intelligence ffom the head and input to the subscriber's television
receiver and shall be capable of.twepty--four (24) hour a day continuous
operation.
Section .18. CITY RIGHTS.
(1) 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 in the exercise of the police power..
(2) Use of System bv_ The City has the right of maintaining
upon poles or in the underground-conduits of the Company wire and fixtures
necessary for a.traf=ic signal control system or a police or fire alarm
system. The wires and fixtures shall be installed and maintained at the
expense of the City and shall comply with reasonable rules and regulations
of the Company designed to ensure a minimum danger of Contact or conflict
between the wires aad fixtures of the Company. The Company sh211 charge
no fee to the City for uses under this section.
(3) Liability for Company's Property.. The City shall not be
liable for any damages occurring to the property of the Company caused
by employees of the City in the performance of their duties, except for
damage caused' to the Company's facilities by the negligence of the
City's employees whila..they.are conducting City business and damages
lxal 1-c 1i.mited to r=oe cost of rppairs pr.replacement. The City shell
not be liable for the interruption of service by actions of City employees
in the performance of their duties„ nor shall the City be field 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.
(4) 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.
{5) Construction Aporoval by City. Except for individual service-
drops, the Company shall not- commence construction of any part of the,
System without the prior approval of the City Engineer or his designee,
which approval shall not be unreasonably withheld. The City has the-
right to inspect the construction, operation and maintenance of the
System to insure adherence to the terms of this ordinance and ruleIa and
regulations promulgated pursuant to this ordinance.
(5) Correction of Defects. In the event tlib 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, or
if the Company becomes insolvent, useable or unwilling-'to pay 'its debts
or is ,judged as bankrupt, or attempts to or does practice any fraudulent
or deceitful practice in its conduct or relations under the•franchis'e
with-the City or subscribers or potential subscribers, the City may give
to the Company thirty (30) days written notice tq correct such violation
or condition, and if the Company does not make the correction within
thirty (30) days from the posting of the written notice, the Company
shall be subject to cancellation of the franchise, and after the expira-
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tion-of an additional thirty (30)' dray 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
cancelled. Notice shall be by certified. mail.
(7) Franchise Right. The City hereby expressly reserves the right
to grant additional franchises within the City to other persons for the
conduct of other Cable Television Systems.
Section .19. ACTIVITIES PROHIBITED.
The Company must notify the City a,s to any preferences or advan-
tages to any person concerning rates, charges, services, facilities,
rules or regulations. The City will respond within forty (40) days if
the City has any objection thereto.
Section'.20. RECORDS AND REPORTS.
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('1) The Company may keep full, true,'accurate and current books of
account, which books and records, and all other pertinent books, records,
maps,, plans, financial statements and other.like materials, shall be
made available fok inspection and copying by the City upon reasonable
notice and during normal business hours.. The City may audit 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",
expense from an independent auditor, and such other FCC reports as the
City may desire.
(2) Within six-(b) months from the effective date of its fran-
chise. the Company shall submit -to !:he, C'huncil s plan for- the entire
City indicati'ttg' the date on which the Company,expecte the installation
of the System to be completed and available for service to subscribers.
The Company shall furnish the City with progress reports yearly iudi-
eating in detail. the area of construction of the System to date..
Section .21. SUBSCRIBER RATES AND CRARGES. Except as otherwise
provided in the ordinance, the Company shall have-the right, privilege"
and authority to charge the rates and charges fixed in this section to .
its subscribers for its services, after being approved by the City
Council.
At system turn-on, single user rates and charges shall be as follows:
DESCRIPTION '
Individual Residence
Installation Fee - The installation fee charged if any individual
subscribes to the System within sixty (60) days
of the date when first offered during construction
schedule. $15.00
Individual Home - Installation„above, or underground $30..00.
Individual Nome # .Inataklat•ion additional sets, if
installed by S`eeiwest -, : Time do Material
Service Charge.- Initial Outlet - Package - Permontb $1%00
(Basic,. plus movie-) $17.45
Reconnect ion.Fee - Individual Nome - living in same
residence $15.00
Cammercial Rates ,
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Commercials Rates ( Hbtel. and apartments)
Installation where master antenna is employed; unless special wiring
is needed (I.E. each apartment can not be seperated frozi master
antenna and must be wired as an indidua,l home) The fee will be
the same as single home. $15,,,00
Cabling, of an apartment or hotel, etc. is time and material if owner
wants a master feed system installed
Service: is same as single home per apartment $$5.00
Disconnects of all type's are free'
Additional outlets - Time and material with no monthly charge
Reconnects where we have wired are $15.!00 (same as single home)
Plaes of business where public gathers is prohithited"from the
movie channel (ie; Bars, eating places, social halls, etc,)
because of cable contract with Satellite company restricts it.
('l.') Multi-user rates and charges may be negotiated between the
Company and the subscriber, but must be approved by the City Council
prior to being implemented, but in no event shall the multi-user rates j
and changes for any subscriber exceed the aggregate rates and charges
which would be charged to the multi-user if computed on_tbe basis of
single-user rates and charges. In addition to the specified monthly
service rate the Company may add to that rate, sales or excise tares
impose dl upon the Company's gross revenues by City, State or Federal
government.
(2) The Company may waive, reduce or suspend connection or monthly
service fees for specific or indeterminate perioda for periods not to
exceen 'Ghirly '(30) dAys for Qrom&ia ial"purposes,
Section .22. CHANGE OF SUBSCRIBER RATES AND CHARGES. Absent
actions reassigning jurisdiction for'. basic subscriber service rates to
some other authority, said rates shall be subject to modivication only
by the Council and only in accordance with the- following procedures:
(1) The Company shall notify the Council albouta change in rates by
filing, a, revised rate schedule not less than thirty (30) days before
rates become effective.
(2) Following all .proper notice, the Council shall hold an
appropriate public hearing to consider the proposed new rates,
at which hearing all parties desiring to be heard, including.the Company,
shall be heard on any matters relating to the performance of this
franchise, the Company services and the proposed new rates.
Section .23. LOCAL OFFICE COMRLAINT PROCEDURES.
(1) The Company shall maintain within the City a local
business office, agent or toll-free number for the purpose of
receiving and resolving all subscriber complaints. The provisions
of this section shall be complied with If the Company maintains e
local 'business heardquarters office staff of adequate personnel
no more than three,(3) miles from the corporate limitea of -the City,
which office may be reached by
local,„ toll—free telephone call, and provids thewCity with a name,
address; and published phone number of the person
Company's agent to receive.complaints. The lucblic3oyisted
shall be open
during all regular business hours, having a P
and shall be so operated that complaint's and requests for repairs or
adjustments may be received from 8 A.m. to 5 Y.M. seven (7) days as soon
Complaints from subscribers shall be investigated and correctec}.-
as possible, but at least within three (3) business days of their I indicate
receipt. The Company shall maandatheanasme and addresscOfwthe complain--
the nature of each complaint, the.Company and the time
tant and a description of the action taken by
and date of the action taken.
(,2) The Company shall establish procedures for receiving, acting
upon and resolving subscriber complaints to the satisfaction of the City
Council. The System and tofeany
subscriber a shall.
changes thereto at the time the changes are enacted. The Company
require its employees or representatives to wear proper identification
s the desigdee as
' at all times. The City designate administration of the franchisee
officer responsible for the continuing
and the implementation of complaint procedures.
(3) Complaints by any person as to the operation of the Cable
Television System me be filed in wr'iti'ng with The City Clerk and the
Company. The Clerk shall be noti#led to by the Company within thirty (30')
days after receiving the complaint as to theythinotheitimefprescrbed, by
plaint with action taken being desc_Abed.
the City Clerk, the Company shall resolve the complaint Oi advise the.
City of its refusal or inability too so.
Section .2k. PROTECTION OF PRIVACY.
(1) The Company shall not png, poi polling selections from
aural, visual or digital, including p g written permission of
any subscriber's premises without first obtaining
the subscriber.
(2) The Company shall subscribs Premisesathat iwill fpermit ptrans-
terminal equipment in any, subscriber's utilizing aural,
mission from subscriber's premises of two—way ermission of
visual or digital signals without first obtaining written P
the' subscriber:
(3} 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 franchises
C.A.T.V. system for the purpose of receiving television signal's, data
signals,
radio signals, pictures, programs or sound.
(G) It shall be unlawful for any Person' electrically,or corporation to
make any unauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of the System for
or 'others receive or
the purpose of enabling himself tro ram or sound, without
television signal,. radio signal, picture, pg
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payment to the owner of the System.
1:5) Any person violating or failing to comply with any of the
raavisions of this section of this ordinance shall be guilty of a
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misde-meanor and for each day of vio:llat,ion or failure to comply. shall be
punishad by a fine not to exceed One: Hundred Dolldrs ($100) or imprison-
ment Tor a term not to exceed thirty (30)- days.
(b) The Company shall not sell or in any other manner, make
available the Company's subscriber lists to any person, firm or corpo-
ration except to governmental bodies or by court order.
Section .25.. ADDITIONAL REGULATIONS. The City reserves the right
to adopt, in addition to the provisions contained in this'.ordinauce, any
addicional.rules or regulations as it shall find necessary in the exer-
cise of its police power.
Section :26. PENALTIES. Should the Company, its successors or
assigns, violate any of the provisions of this ordinance or any reasonable
ruLEa and regulations established by the City pursuant thereto, and
s'.tcruld such violation continue for more than thirty (3O) days after the
City has given written notice-of the violation, faiiure.or default, the
same shall be cause for the forfeiture or revocation of this franchise
and zhe termination of all rights hereunder, provided, howeverf any
del,av in correcting the violation which is caused by factors beyond the
con -al of the Company, shall not be included in computing the length, of
the continuance of the violation.
The City Clerk may make writteh demand that the Company do or
cotmpv w.ith'am such provision, rules,-order or determination. If the
violation by the Company'continues for a'period of thirty -(3O) days
follouir_g such written -demand without writteh proof`-that the.cotirtictive
act,on oas been taken or is -being actively and expeditiously pursued,
the, Ci-y Clerk shall cause to be served upon the Company at least ten
(10;) days notice prior to the date of such Council meeting, a written
notice of intent to request such termination and the time and place of
the =eeting, notice of which shall be published at least ten (10) days
before such meeting.
The Council shall consider the request of the City Clerk and shall
hear any person interested therein, and shall determine in its discre-
tion,.whether, or not any violation by the Company was with just cause.
If such violation by the Company is found to have been with just
cause, the Council shall direct the Company to comply therewith within
suc;i, time and manner and upon such terms and conditions as are just and
reasonable.
If the Council shall determine such violation by the Company was
without just cause, then the Council may, by resolution; declare that
the franchise of the Company shall be terminated and forfeited unless
there be compliance by the. Company within such period as the Council may
fix,
Section .27.. PROGRAM CONTENT RESTRICTIONS. In addition to providing
basic cable television service the Company may offer optional pay cable
services. The Company shall not program or in any way display X-rated
motion pictures as defined by the Motion Picture Association of America
either as part of its basic-cable or pay cable services.
Section .28. EMPLOY:EXT REQUIREMENT. The Company shall-not refuse
to hire, discharge from employment, pr discriminate against any person,
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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 thirty (30) days after the effective date of this .
ordinance, and at least annually thereafter-during the term of the
franchise.
Section .29. SEPARABILITY. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason invalid or.
unconstitutional by any court or 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.
Section .30. SCHEDULED RE-EVALUATION. The City and the Company
may hold scheduled re-evaluation sessions within thirty (30) days of the
fifth and tenth anniversary dates of the-Company?.s obtaining certifica-
tion for the System from the Federal Communications Commission. All
such re-evaluation sessions shall be open to-the public and announced in
a newspaper of general circulation at least five (5) nays before each
session.
Special re-evaluation sessions may be held at any time during the
term of the ordinance, provided that both the City and the Company shall
mutually agree upon the time and place of the topics to.be negotiated.
All-such re-evaluation sessions shall be open to the.public and announced
in a newspaper of general circulation at leant five (5) days before each
session.
The following topics may be discussed at each scheduled re-evaluation
session: service rate structures; free or disconnected services; applica-
tion of new technology; System performances; services provided; programming
offered; customer complaints; privacy and human rights; amendments to
this ordinance; underground progress;. and judicial and FCC rulings.
Topics in addition to thgse listed above may be added if agreed
upon by both parties, Members of the general public may add topics
either by working through the negotiating parties, or by presenting a
petition. If such a petition bears the valid signatures of fifty (50)
or more qualified electors of the City„ the proposed topic or topics
shall be added to the list of topics to be discussed at the re-evaluation
session.
Section .31. CHANGES IN ORDINANCE,. The City.Council reserves the
right to change or amend this ordinance at any time-during the term of
the franchise.
Section .32.� BINDING ON COMPANY. The provisions, terms: and
conditions of this ordinance shall be binding upon the Company and its
successors, heirs and assigns upon acceptance hereof by the Company.
Section .33. ACCESS REQUIREMENTS. For purposes of providing
minimal provisions for access, the Company shall meet the requirements
of all FCC rules which are in effect.
1
Section . ORDINANCES REPEALED. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance are hereby
repealed.
Section 6. This ordinance shall be in full force and effect from
and after its passage and publication as provided by law.
. Introduced this �o� day of
198 .
Passed and approved this day of 1981
James atallman, Mayor
At est.
-irg' is Soukup, City Cle
The undersigned "Company," being, Sitarwest, Inc., by its undersigned
duly authorized officer(s) hereby accepts all of the provisions, terms
and conditions of this ordinance •jo/_ , and agrees that the same shall
be binding upon the Company, its successors, heirs and assigns.
Dated this C� � day of Ir c.+ 1982.
STARWE'ST,--INIC.
By 's -f c
Title
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Cedar Rapids Gazette, Inc.
Post Office Box 511
CEDAR RAPIDS,IOWA 52d(]6
319-398-8289
May 1
_ 19 97
Starwest Inc
P0 Box 177
Atkins, Ia 52206--0177
Publication of Notice of hearing/Fairfax-
cable ordinance $ 2.38
published May 1, 1997
6 lines @.396 .=$2.38
Fairfdx Iowa'
C1t1R.11a�1
MaY'17 }997
7y P M
Renewal of Starwest.Inc:cable 7V ardlnance% I
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BILLS PRESENTED FOR PAYMENT
Medicenter West 120 . 00 Mid American 214.45
C . R. Radiology 146 . 63 360 Communications 39.90
Baker & Taylor 540 . 13 Blue Stem 8610.32
Post Office 38 . 86 Betty Panek , Mileage 51.20
Kenny Barnell , Fire Dept . 20 . 00 Fed W/H & FICA 1,104.51
IPER ' S 402 . 18 State W/H 1710.87
Tad Andrle , Fire Dept . 22 . 21 BroDart 40»58
CTS Textile Leasing 24 . 00 C . R . Photo 172.80
Demco 354 . 14 Crawford Quarry 15.00
Custom Hose & Supplies 26 . 34 East Central Reg , Library 17 . 50
Fire Master Equip. 74 . 70 Gazette 67,72
Grolier Publishing 86 . 92 Holiday Inn, IMFOA 161.23
Hughes Nursery 750 . 00 IES Utilities 264.09
Iowa Implement 130 . 90 Kings Material , Inc . 10.20
Scott McLeod, Atty. 494 . 80 MPS, Office Call 6.00
Motor Equipment 20 . 96 Payless Cashways 98.49
Skyline Supply 72 . 05 South Slope Tel . 304.82
Staples 48 . 77 Steelsmith Sanitation 3 ,449 . 49
UpStart 31 . 38 Zeb ' s/ Fauser 163,019
Baker Pipe & Supply 4 . 98 Sankot ' s Garage 7.50
Salaries 3 , 690 . 52 Eby' s Sporting Goods 12'0.00
RUT
MId American 83 . 215 Fed W/H & FICA 219.21
IPERIS 81 . 04 State W/H 3x9.16
IES Utilities 740 . 47 Linn Co . REC 33.60
South Slope Tel . 10 . 75 Zeb' s/Fauser Co . 229.02
Salaries 949 . 65
WATER
Post Office 50 . 40 Mid American 44.45
Blue Cross , Blue Shield 829 . 53 Fed W/H & FICA 91,13
IPER ' S 30 . 35 State W/H 15,010
Keystone Labs . 20 . 00 IES Utilities 2015.72
Salaries 455 . 34 Stacie Annear( Refund ) 59. F0
SEWER
Iowa One Call 35 . 70 Fed W/H & FICA 91 .13
IPER ' S 30 . 35 State W/H 15.00
Iowa DNR 48 . 00 South Slope Tel . 30-00
Payless Cashways 12 . 93 Curtis Industries 17,08
IES Utilities 108 . 65 Keystone Lab . 60,00
Salaries 527 . 67
RECEIPTS
General 29 , 265 . 39 RUT 3,772.05
Debt Serv. 5 , 280 , 55 Fire Dept , Donation 2010,010
Cap . Investment 273 . 09 Water 8,915 ,46
Sewer
i
i
CITY OF FAIRFAX
52 VANDERBILT STREET
FAZRFAX, IOWA 52228
! (319)846-2204
I , Betty J . Panek, City Clerk,
Fairfax! Iowa do hereby certify that
the attached Ordinance .90q was
passed and approved by the Fairfax
City C uncil and was posted as
require by law at the Fairfax
Libraryf, Fairfax Post Office,
Fairfaxl State savings Bank and
Fairfax City Fall
on day of
of 1917-
I do hereby certify that they are
part of the Public Records on file
in the !'City Clerk' s Office .
Bet y J . Panek
i
j
I
STATE OF IOWA
County of Linn ss.
TFtir Fairfax Ifw Councia'.meF an Tuesday at 6&
13,tAR7 Mayae slteely opened the maeYattg 700
P M Council pesenY StaJlCmakn artlaryllCe NetalYaais
and:WRratrwvnrigtf Absenl:5haesvee
hRaFimrre by 5lallmad, 2nd Harvilre to amend;lhe
Aaehda to aw. Gr�ance 204, starwest ble
Frartc. .'Mdt€on,t y Neutlaaas:2nd.Stallinan
to asxprawe tfi-
Mended.agenda,M76t€€es o-the..
Aprit
part5 JWgeeYi s BiidgaF and FFfantial Re-
M r , C€rk I,.JX HLADKY, III, being duly sworn on my oath, do say, that
R'fatkdw f16dV�:Cedar p�aalds Oepai'RmenF of€3e-
veiaP.M, , presLnted the future expans?an plan':n#
life Getter f�aaxtds Aa-1 .. and Its!effetF nn.lhe I am publisher of THE CEDAR RAPIDS GAZETTE, a.
ear-- I"dries far the City of . ffiaX.
t7a r4l Cagan, tuestent.explacned tba Siting pro-.. j
case.'[D212ndarfVossnna%fts.aent ,ho4seecomeld Newspaper issued daily and printed at Cedar Rapids, in said
onlg end ansaEi[eItes Open hhUSes will field Y y P
rn lRax:.«Alburnetf and rr;ahfer t?ocril nn.FUne"3!4;
€-Gearing on the �County of Linn; that the Notice of which the annexed printed.
fhawbir heety'apeneat tfTe PUtslfc
Cable ot'diftance of 735 rs`:a» 4�uesNeins do add.Pnta
We l irltwadd,uttannel and Putclfc access ra rreafr copy was inserted and published in said newspaper in the
Rineup 1'a faar4fier rtuesf tons or obfechans,pubec. a
hearfnS cTtased_aF 745 p Mahan Stag#nnan 20d
wolnwtr ob tat aoprove Gr.dtnance 264 Granfl6g issues of....................................................................................................
SFar+rwest tnc-a!i3enewaE of fhelr Cable Franchise..
MC.N.60aus rtlaved the approval of CWdfhartce 204'
on ifs.First Roading and that.f.te Procedural re-' ,.,..................................................,, .,.,,,,.....,.................,.......,..........,..,,:,::":
5uirem"Ia at 141 forth In Seclib6 3603 1 Cade:0 9 �
lama;be sertded as presvaded for is that section
and that Ordinaha a 204 be placed an Its secand and .... ................................ ...........................................................
#hfrd`readings e.K Pty rills.2nd slaRlMan Mar- May 9 7
BUlydfA0 Perml MONO' grid Haryi6e A. D. 19
Ra apasrove Rhe perrctft.Of€IanieR Al4ecY far a deck .... ........................................ ........ , .......................
MC.Mlatdots tderaYtaus,2nd 5ta6man Ro approve the 58.61
pearriiY of Gear5le Watt tree °" shed M�- and the reasonable fee for publishing aid Notice is
MarniteFtance i4eporta Tfie streeh witf be swebt: p ......................
and t1Fe spraying will be:dane.
Oistussadn an Fhe Stop Sign an Nwy T51 and. _--
Prairta,AVFe;.ffaivFt€e+NP&€e6eck w1RtF the Dor.and
br€rig Yfine Iatfarrfaetloa Ya€fie dune Meeting. "'�
l�;ESOILUTICYN 051347 Setting Fees for Perrn€€s, f
Motion'bte ey Craus 2nd Stallman to use Linn CdoR
tw fee.far CO¢x Done[Use Pethil s.MC.The Fee> for'.
a CanditRdrFat Uie Perenil W11F be 5t74:b0 pRus signs.
MaYfom NauYaaus 2nd Flarville Yasand PUE]€o the:
Planning and Zoning CommissPon for further sludw,
and bran, their`recdrrcmendatians to ffie.CauneiR. ',named J. ; HLADKY, III, in my presence, and by him sworn to
MC. 20
Letters were sent an complaints about dogs rumr
nmgRaaSeaRtRFteC5t ARldagsmusfbeonleashesor before me at Cedar Rapids, Linn County, Iowa on this ..................
16A.tamed yard
Sd 1h. rel cctn County Sheriff arrived and deiilr- day of.................................. .................. r.. ...A. D., 19..........................9 7
erect tfie R"eipart-:The 5herifk's®eparRrrtent was re- ...
minded 0*61 Garage$616 haw Is Sat May T71fi agd
wafdlh tar park€n9 prabte Given under my hand and Notarial Sal.
MdiYdn ib+r lt€wawrlgltf,2nd d o NarviRle,t approve
the bills itRresersfed for payarrent.MC.;_
Motion by Watnwri9ht,2nd Neuhaais to adjourn
at 8:30 P:M.
GENE S PRESENTED FOR P'kvME€T y Public. . . .... ............... ..........,:,:,:
Mark 15,Sfizelw Mayor
Betty J Panek C€ty Cler: k:
in and inn County, Iowa
Medreenler W4re4f 120.460
t.a. adiamRtgy :: 146:63:
Etaker;BWTayPar:: .590:#3.
PdsYQtfrce .,;� 3866:
Kanntit Barneft Fire',0,epl .20-00
MEW'S 402
rod AiRdie FPre t7epf
222..b ove from............................... .........................19..............
CTS Tkflle teasing 24tl0:
oe"'ca ° =- CEDAR SIDS GAZETTE, INC.
MU4
Custode FRase$Sunpltes 26:34
F€roMasterEqufp : 74:70
t2rdRiea'R?u#altshftag ...85,92
Cautthas N0t-sery: ..� ..._75.0:00:
.....:130:500!':
Sdotl MdlLeod,A'tly ....4414.80.
Mot&E ravapmenr 20,96
SkwRPne SU001Y
shim 72:015
s 48:77"
Uosmrl
3136
Baker gape suaaTy 4,98: B y.............................................................:,....
214:45`
360 Cdcaatnumcefjons 39:90
eiveslern 860.32'
Betrw Paniek,Mftage 57.20
Fed f IHI 6 i=1CA 1 s 104 51 i
.--F70t87.
f3rd13ar1 ..: 4056:'
C.FY.P}aaRa 17260
Crawford k$viarrw 15.00
East CebtralReg:LEbrarw...:: 17.50'
Gazette 67:72 7
Naifdav faazt IMFOA 1.61 23
MS Llttltles ,---- 264.09,
Kings I+liatea•rat„the ...,.T030
MPS,Office cad` 6:00
Paytss Cashwvays 46:99: t
................ ............
Zeb'sf Fauser ..:z 163:519
:7,50.............
RUT
.Mid
afi-
... . 25
M E 'S81 04:
its
740.0
South StWe T6F.
5afarles ..........
Lid WH&FICA' ...........
State H 391.%
m�;.,..........
Lina.Co.REC..
............
Zeb`sfFauser Co,:: 229�02
WATglt.:.
PaslOffi -.1a.46
lalua:Crow:816o Shied 829 53:
Wl R
X35
KOYM
20:00.1
455.34
4414 S.
M ArnerftaR
Fed WIH&FICA 9.1;0
E 15.00
I
SEWER:
Iowa One calt-lll�-..—m-;;,; $170:
WERIS
............ .......... 30 35,
.......... 48,00
Pjivte
55 Casltrvaxs'. 12 93'.
109.65
S27.67-
......................
w H S FICA
91J3
State
SauFh 16P.O.Tet"...
30.00
Ctrarlr5 Industries ITOO
ftevston Lab .................
REMIP.Ts
t)q. Sot
3.0
Cap lnu'estmenR
V
Severer :.3<535.78
IJ
lUT 3 772 OS'
pire Deot Donalldn:.
Wat.6. ......
8,015,46: