|110.01 Franchise Granted||110.05 Nonexclusive|
|110.02 Construction; Maintenance; Indemnification||110.06 Continuous Service|
|110.03 Meters and Service Lines||110.07 Term of Franchise|
|110.04 System Requirements||110.08 Entire Agreement|
110.01 FRANCHISE GRANTED. There is hereby granted to INTERSTATE POWER & LIGHT COMPANY, hereinafter referred to as the "Company," its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City of Wyoming, Jones County, Iowa, works and plants for the manufacture and generation of electricity and a distribution system for electric light, heat and power and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances for the transmission of electric current along, under and upon the streets, avenues, alleys and public places in the City; also the right to erect and maintain upon the streets, avenues, alleys and public places, transmission lines through the City, to supply individuals, corporations, communities and municipalities both inside and outside of the City with electric light, heat and power for the period of twenty-five (25) years;† also the right to eminent domain as provided in Section 364.2 of the Code of Iowa.
110.02 CONSTRUCTION; MAINTENANCE; INDEMNIFICATION. The poles, wires and appliances shall be placed and maintained so as not to unnecessarily interfere with the travel on said streets, alleys and public places in the City or unnecessarily interfere with the proper use of the same, including ordinary drainage or with the sewers, underground pipe and other property of the City, and the Company, its successors and assigns shall hold the City free and harmless from all damages arising from the negligent acts or omissions of the Company in the erection or maintenance of said system.
110.03 METERS AND SERVICE LINES. The Company, its successors and assigns shall furnish and install all meters at its own expense and shall provide the service wire to buildings as set forth in the Company’s tariff filed with the Iowa Utilities Board.
110.04 SYSTEM REQUIREMENTS. The system authorized by this chapter shall be modern and up-to-date and shall be of sufficient capacity to supply all reasonable demands of the City and the inhabitants thereof and shall be kept in a modern and up-to-date condition.
110.05 NONEXCLUSIVE. The franchise granted by this chapter shall not be exclusive.
110.06 CONTINUOUS SERVICE. Service to be rendered by the Company under this chapter shall be continuous unless prevented from so doing by fire, acts of God, unavoidable accidents or casualties, or reasonable interruptions necessary to properly service the Company’s equipment, and in such event service shall be resumed as quickly as is reasonably possible.
110.07 TERM OF FRANCHISE. The term of the franchise granted by this chapter and the rights granted thereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the Company.
110.08 ENTIRE AGREEMENT. This franchise sets forth and constitutes the entire agreement between the Company and the City with respect to the rights contained herein, and may not be superceded, modified or otherwise amended without the approval and acceptance of the Company. Notwithstanding the foregoing, in no event shall the City enact any ordinance or place any limitations, either operationally or through the assessment of fees, that create additional burdens upon the Company or which delay utility operations.
|111.01 Franchise Granted||111.04 Interference With Grantee’s Property|
|111.02 Location of Equipment||111.05 Grantee’s Successors and Assigns|
|111.03 Excavations||111.06 Indemnification|
111.01 FRANCHISE GRANTED. The City hereby grants unto the Wyoming Mutual Telephone Company, an Iowa Corporation, its successors and assigns, hereinafter called the Grantee, a nonexclusive franchise and right, for a period of twenty-five (25) years from and after the date the ordinance codified in this chapter became effective†, to erect, construct, reconstruct, maintain, operate and use within the corporate limits of the City, as the same now are or may hereafter be located, a system for the transmission and distribution of telephone service whether said transmission and distribution system has been heretofore or may hereafter be constructed and installed together with the franchise and right to enter upon and use and occupy the public streets, avenues, alleys, highways, bridges and public places of the City as the same are now or may hereafter be located or extended for the purpose of installing, constructing, reconstructing, maintaining and operating thereon, therein, thereunder and thereover said system for the transmission and distribution of telephone service, consisting of poles, posts, wires, cables, conduits and other equipment, apparatus and construction necessary or incident to said system and its use, including lines to and through said City, for any and all purposes and under such restrictions and regulations as are hereinafter contained, and such other reasonable regulations as may hereafter be provided by ordinance.
111.02 LOCATION OF EQUIPMENT. All poles, posts, wires, cables, conduits and other equipment, apparatus and construction connected therewith shall be located, erected, adjusted and maintained so as not to endanger persons or property or unreasonably interfere with any improvement the City may deem proper to make or to unnecessarily hinder or obstruct the free use of the streets, avenues, alleys, highways, bridges or private or public property.
111.03 EXCAVATIONS. Whenever the Grantee, in erecting, constructing, or maintaining said transmission and distribution system, shall take up or disturb any pavement or sidewalks or make any excavation in the streets, avenues, alleys, highways or public grounds in the City, such excavations shall be at once refilled and the pavement, sidewalk or other improvement replaced to the satisfaction of said City officials.
111.04 INTERFERENCE WITH GRANTEE’S PROPERTY. Any person who cuts, injures or destroys any of the poles, wires, fixtures, conduits, cables or any of the property of the Grantee lawfully erected, maintained or being within the corporate limits of the City, or who posts bills or signs upon any of the poles or any other property, shall be deemed guilty of a misdemeanor.
111.05 GRANTEE’S SUCCESSORS AND ASSIGNS. All of the provisions of this chapter apply to the successors or assigns of the Grantee, with the same force and effect as they do the Grantee.
111.06 INDEMNIFICATION. The Grantee shall hold the City harmless from any and all causes of action, litigation or damages which may arise through or by reason of the construction, reconstruction, maintenance and operation of said distribution and transmission system and other construction hereby authorized.
CABLE TELEVISION FRANCHISE
|112.01 Franchise Granted||112.02 Sale or Assignment|
112.01 FRANCHISE GRANTED. A nonexclusive right is hereby granted to Dow-Sat of Iowa, an Iowa corporation (hereinafter referred to as the "Grantee"), its successors and assigns, to establish, construct, erect, operate, maintain, repair, replace, renew, reconstruct and remove a cable television system across public property in the City limits for a term of twenty-five (25) years†, in accordance with the laws and regulations of the United States of America and the State of Iowa and the ordinances and regulations of the City, including the nonexclusive right, privilege and authority:
112.02 SALE OR ASSIGNMENT. The Grantee shall not assign or transfer any right granted under this chapter to any other person, company or corporation without prior consent of the Council, which consent shall not be unreasonably withheld, provided that the Grantee shall have the right to assign the franchise to a corporation to be formed and controlled by it without prior consent of the City.
CABLE TELEVISION REGULATIONS
|113.01 Purpose||113.14 City Rights|
|113.02 Definitions||113.15 Payments to City|
|113.03 Granting of Franchise||113.16 Rates and Charges|
|113.04 Compliance Required Generally||113.17 Record Keeping|
|113.05 National Electric Safety Code||113.18 Service Procedures|
|113.06 FCC Regulations||113.19 Protection of Privacy|
|113.07 Modification of FCC Rules||113.20 Program Content Restrictions|
|113.08 Transfer||113.21 Discrimination Prohibited|
|113.09 Company Rules and Regulations||113.22 Liability and Indemnification|
|113.10 Franchise Term||113.23 Activities Prohibited|
|113.11 Franchise Renewal||113.24 Violation; Penalty|
|113.12 System Construction, Maintenance and Procedures||113.25 Insolvency|
|113.13 Line Extensions|
113.01 PURPOSE. The purpose of this chapter is to provide regulatory provisions of cable television systems in the City.
113.02 DEFINITIONS. The following words and phrases, when used herein, shall, for the purposes of this chapter, have the meanings ascribed to them in this section:
113.03 GRANTING OF FRANCHISE. The regulatory ordinance codified herein which grants to the Company the nonexclusive right to construct, operate and maintain a cable television system in the City was passed and adopted by the Council after a full, open and public proceeding. The proceeding was held after public notice was given and afforded all interested parties the opportunity to comment. Therefore, the City grants to the Company a nonexclusive franchise, right and privilege to construct, erect, operate, modify and maintain in, upon, among, 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 set forth in this chapter.
113.04 COMPLIANCE REQUIRED GENERALLY. The Company shall, at all times during the life of the regulatory ordinance codified in this chapter, be subject to all lawful exercise of the police power by the City and to such reasonable regulations 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 Electrical 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 applicable rules and regulations now in effect or hereafter adopted by the Federal Communications Commission, the City or any other agency of the State or the United States, which may hereafter acquire jurisdiction of the operations of the Company authorized in this chapter. The Company will provide a minimum of 5 satellite signals with an additional 4 off-air channels.
113.05 NATIONAL ELECTRIC SAFETY CODE. All facilities and equipment of the Company shall be constructed and maintained in accordance with the requirements of the National Electrical Safety Code, and such applicable ordinances and regulations set forth by the City and/or any local, State or Federal agencies.
113.06 FCC REGULATIONS. The Company shall, at all times, comply with the rules and regulations governing CATV operations promulgated by the FCC, specifically those set out in Section 76.31 of the FCC Rules and Regulations. This shall include adherence by the Company to FCC rules regarding technical and engineering specifications involved in the construction of the CATV system and signal carriage therein.
113.07 MODIFICATION OF FCC RULES. Consistent with the requirements of Rule 76.31 (a)(6) of the FCC, any modification of Rule 76.31 resulting from amendment thereto by the FCC shall be incorporated in this chapter by specific amendment thereto by lawful action of the Council within one year from the effective date of the FCC’s amendment or at the time of renewal of the ordinance codified in this chapter, whichever occurs first.
113.08 TRANSFER. The Company shall not sell or transfer its system to another, or alter the composition of its individual partners or stockholders, or transfer any rights granted under this chapter to another without written notice and approval by the City; provided, that such approval shall not be unreasonably withheld if the vendee, assignee or lessee has filed with the appropriate official of the City an instrument duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of this chapter and agreeing to perform all conditions thereof.
113.09 COMPANY RULES AND REGULATIONS. The Company shall have the authority to promulgate such rules, regulations, terms and conditions 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 chapter and to assure 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 law.
113.10 FRANCHISE TERM. The franchise granted under this chapter shall terminate twenty-five (25) years from the date of grant, subject to renewal for period of reasonable duration on the same terms and conditions as contained in this chapter, or on such different or additional terms and conditions as may be lawfully specified by the Council and as are consistent with the requirements of Rule 76.31 of the FCC. This franchise shall not be exclusive and shall neither restrict the Council in the exercise of its regulatory power, nor prevent it from granting any other cable television system franchise.
113.11 FRANCHISE RENEWAL. No renewal of the ordinance codified in this chapter shall be effective except pursuant to a public proceeding affording due process. The Company shall be a party to any such proceedings and any other proceedings in which its rights, privileges or interests would be affected and shall be fully entitled to such due process rights as may be available under applicable laws, ordinances, rules and regulations.
113.12 SYSTEM CONSTRUCTION, MAINTENANCE AND
113.13 LINE EXTENSIONS. 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 infeasible or economically noncompensatory. For purposes of determining compliance with the provisions of this section, and to provide for a reasonable and nondiscriminatory policy governing extensions of cable service within the City, the Company shall extend service to new subscribers at the normal installation charge and monthly rate for customers of that classification where there is an average of fifty-five (55) homes per each linear mile of new cable construction. In the event that the requirements of this section are not met, extensions of service shall be required only on a basis which is reasonable and compensatory.
113.14 CITY RIGHTS.
113.15 PAYMENTS TO THE CITY. The Company shall, commencing one (1) year from the date of the first service and during each year of operation under the franchise, pay to the City three percent (3%) of the annual gross subscriber revenues received by the Company for basic monthly cable television services rendered to customers located within the City. At the time of this annual payment, the Company shall furnish the City with an operating report showing the Company’s annual gross subscriber revenues during the preceding year and such other information as the City shall reasonably require with respect to properties and expenses related to the Company’s services within the City for such period. All payments as required by the Company to the City shall be made annually and shall be due ninety (90) days after the close of the twelve-month period.
113.16 RATES AND CHARGES. In consideration for services rendered to subscribers, the Company shall have the right to charge and collect reasonable and just compensation which shall reflect, among other things, the Company’s need to attract new capital and provide a reasonable return on invested capital.
113.17 RECORD KEEPING. The Company shall 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 for inspection and copying by the City upon reasonable notice and during normal business hours.
113.18 SERVICE PROCEDURES. During the term of the franchise, and any renewal thereof, the Company shall maintain a 24-hour, toll-free telephone number and provide the Clerk’s office with the name, address and telephone number of a person who will act as the Company’s agent to receive complaints regarding quality of service, equipment malfunctions and similar matters. Any complaints from subscribers shall be investigated and acted upon as soon as possible, but at least within four (4) business days of their receipt. The Company shall keep a maintenance service log which will indicate the nature of each service complaint, the date and time it was received, the disposition of said complaint and the time and date thereof. This log shall be made available for periodic inspection by the City. 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 telephone numbers of the employee or employees or agent to whom such inquiries or complaints are to be addressed.
113.19 PROTECTION OF PRIVACY. 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. This provision is not intended to prohibit the use of transmission signals useful only for the control or measurement of system performance. 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. It is unlawful for any person to attach or affix or cause to be attached or affixed any equipment or device which allows access or use of the cable television service without payment to the Company for same. Such action shall be a simple misdemeanor.
113.20 PROGRAM CONTENT RESTRICTIONS. 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. However, the Company shall not display X-rated motion pictures either as part of its basic cable or pay cable services.
113.21 DISCRIMINATION PROHIBITED. The Company shall not refuse to hire or discharge from employment, or discriminate against any person regarding compensation, terms, conditions or privileges of employment because of sex, age, race, color, creed or national origin. The Company shall take affirmative action to insure that employees are treated, during employment, without regard to their sex, age, race, color, creed or national origin.
113.22 LIABILITY AND INDEMNIFICATION. The Company shall indemnify the City and hold it harmless from all liability, damage, cost or expense arising from claims of injury to persons or damage to property occasioned by reason of any conduct undertaken pursuant to this chapter. The City shall notify the Company’s representative within fifteen (15) days 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 as aforesaid on the part of the Company. The Company agrees as follows:
6. The Company shall pay all premiums chargeable for the bond and shall keep the same in full force and effect at all times throughout the term of the ordinance codified by this chapter and during removal of all poles, wires, cables, underground conduit, manholes and other conductors, converters, equipment and fixtures subsequent to the termination of the ordinance codified in this chapter. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty (60) days after written notice to that effect is given to the Clerk or similar official of the City.
7. All insurance policies and bonds as are required of the Company in the regulatory ordinance codified in this chapter shall be written by a company or companies authorized and qualified to do business in the State. Certificates of all coverage required shall be promptly filed by the company with the City.
8. Within sixty (60) days after the effective date of the ordinance codified by this chapter, the Company shall file with the Federal Communications Commission such request, petition or other application as is then proper to secure from said Federal Communications Commission and all necessary permits, licenses, waivers or the like as may be necessary to be secured from said Federal Communications Commission to fully comply with the terms of this chapter. The Company shall thereafter diligently pursue such application with the Federal Communications 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.
113.23 ACTIVITIES PROHIBITED.
113.24 VIOLATION; PENALTY. Should the Company, its successors or assigns violate any of the provisions of this chapter 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 the franchise 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 violation.
113.25 INSOLVENCY. In the event of the bankruptcy or receivership of the Company, all rights herein given to the Company shall, at the option of the City, be forfeited and terminated.
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