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Home My WebLink About1978-08-22 Ordinance0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MOINES, IO'riA i[I)KIP On July 25, 1978, the City Council voted 6-0 to delete proposed amend- ments to Sections 1305(a) and 1405(a) of the Uniform Building Code which would reduce the window requirement for kitchens from ten (10) square feet to three (3) square feet. As a member of the Council who voted in favor of its deletion, I move for the reconsideration of the amendment to reduce the window requirement for kitchens. I further move that a public hearing be set on September 12, 1978, at 7:30 P.M. in the City Council Chambers of the Civic Center to hear arguments for and against the proposed adoption of these amendments to Ordinance #77-2859. I i i MICROFILMED BY JORM MICR#LAB CEDAR RAMS • 9ES NOIRES I i I i j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MOINES, IO'riA i[I)KIP On July 25, 1978, the City Council voted 6-0 to delete proposed amend- ments to Sections 1305(a) and 1405(a) of the Uniform Building Code which would reduce the window requirement for kitchens from ten (10) square feet to three (3) square feet. As a member of the Council who voted in favor of its deletion, I move for the reconsideration of the amendment to reduce the window requirement for kitchens. I further move that a public hearing be set on September 12, 1978, at 7:30 P.M. in the City Council Chambers of the Civic Center to hear arguments for and against the proposed adoption of these amendments to Ordinance #77-2859. I i i MICROFILMED BY JORM MICR#LAB CEDAR RAMS • 9ES NOIRES IAiCROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINLy, lUWA ORDINANCE NO. 78-2915 AN ORDINANCE AMENDING ZONING ORDINANCE 2238 BY PROVIDING DIFFERENT STANDARDS FOR THE COMPOSITION OF SEWAGE WASTE AT THE POINT OF DISCHARGE INTO THE PUBLIC SEWER. SECTION 1. PURPOSE. The purpose of this amendment is to provide more reasonable standards for the composition of sewage waste from industries at the point of discharge into the public sewer to facil- itate industrial development in Iowa City while protecting public health, safety and welfare. SECTION 2. AMENDMENT. Section 8.10.18 G of the Municipal Code of Iowa City is hereby amended to read as follows: G. SEWAGE WASTES. The following standards shall apply to sewage wastes at the point of discharge into the public sewer. 1. Acidity or alkalinity shall be neutralized within a pH range from 6.0-10.5. i 2. Wastes shall contain no cyanides; no chlorinated solvents in excess of .1 p.p.m.; no Sulphur Dioxide or Nitrates in excess of 10 p.p.m.; no Chromates in excess of 25 p.p.m.; no Chlorine demand greater than 15 p.p.m.; no Phenols in excess of .05 p.p.m. There shall be no more than 25 p.p.m. of petroleum oil, non -biodegradable cutting oils, or products of mineral oil origin or any combination thereof. There shall be no oil and grease of animal or vegetable origin in excess of 300 p.p.m. No waste listed in this section shall contain any insoluble substances exceeding a daily average of 500 p.p.m. (if exceeded, the City may apply a cost surcharge), or failing to pass a No. 8 Standard Sieve or having a dimension greater than k inch. SECTION 3. REPEALER. All ordinances and parts of na ordinces in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provi- sion or part of t e Or in shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. :41CROf ILMED BY 1 DORM MICR+LAB CEDAR RAPID; • PES MOPIFS .. /SSy IgICRUFILi4ED BY JORM 14ICROLA6 • CEDAR RAPIDS AND DES NUINLS, IUWA ORDINANCE N0. 78-2915 Page 2 SECTION 5. EFFECTIVE DATE. This Ordinance shall e in effect after its final passage, approval and publication as required by law. Passed and adopted this 22nd day of August 1978. ROBERT A. VEVERA, MAYOR 9 ATTEST: 1 Abblt S UUUS, 'I I P LURK N. It was moved by Neuhauser and seconded by i the Ordinance as read be IgICRUFILi4ED BY JORM 14ICROLA6 • CEDAR RAPIDS AND DES NUINLS, IUWA ORDINANCE N0. 78-2915 Page 2 SECTION 5. EFFECTIVE DATE. This Ordinance shall e in effect after its final passage, approval and publication as required by law. Passed and adopted this 22nd day of August 1978. ROBERT A. VEVERA, MAYOR 9 ATTEST: 1 Abblt S UUUS, 'I I P LURK N. It was moved by Neuhauser and seconded by Balmer ,that the Ordinance as read be pte adoan upon roll call there were: AYES: NAYS: ABSENT: x Balmer deProsse Erdahl Neuhauser x Perret x Roberts x_ Vevera lst consideration Moved by deProsse, seconded by Balmer, that the rule i & ces must be considered and voted on for passage at two Council meetings prior to the meetin 2nd consideration at which it is to be finally passed be suspended, that the 8/8/78 d vote be waived, and the second j consideration and vote for passage be given at this time.'; Motion carried, 6/0, Neuhauser absent. Moved by deProsse,! seconded by Balmer that the ordinance be considered and given second vote for passage. Motion carried, 5/1, Perret voting 'no'. Adopted upon following division of roll call vote, 5/1: Ayes: Roberts, Vevera, Balmer, deProsse, Erdahl. Nays: Perret. Absent: Neuhauser. :41CRofIL14ED BY JORM MICR+LA6 CEDAR RAPIDS • DCS MOVIES ■ i MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES FIUINL',, iUrin ORDINANCE NO. 78-2916 AN ORDINANCE DESIGNATING THE RESPONSIBILITY FOR WEED CONTROL ON PRIVATE PROPERTY AND STREET AND ALLEY RIGHT- OF-WAYS; ESTABLISHING A STANDARD OF MAINTENANCE; DEFINING CERTAIN NUISANCES INVOLVING UNTENDED AREAS AND PROVIDING FOR THE ABATEMENT OF SUCH NUISANCES; PRESCRIBING A METHOD FOR COLLECTION OF COSTS OF SAID ABATEMENT; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF I014A CITY, IOWA: Section 1. Purpose. The purpose of this Ordinance is to designate responsibility for the removal of weeds and cutting of grasses within the City of Iowa City, to define nuisances and to provide for their abatement in order to provide for the safety and preserve the health and welfare of the citizens of Iowa City. Section II. Short Title. This Ordinance shall be known as and may be cited as the "Weed Ordinance" of the City of Iowa City, Iowa. Section III. Definitions. For the purpose of the Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. The word "shall" is mandatory. A. CITY. The City of Iowa City. B. CITY MANAGER. Manager of the City of Iowa City or his/her designate. C. WEED OFFICIAL. Person designated by the City Manager to enforce the Weed Ordinance. D. PARKING. That part of the street, avenue, or highway in the City not covered by sidewalk and lying between the lot line and the curb line; on unpaved streets, that part of the street, avenue, or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic. E. RIGHT-OF-WAY. The entire width of a platted street or alley in use or undeveloped. F. GROUND COVER. Plants with the growth and root capacity to cover and stabilize an area of soil and to prevent erosion. NICROFIL14ED BY JORM MICR+LAB CFnAR RAPIDS • DFS MOItiFS / Jew-Z5--- I'IICROFILMED BY JORM MICROLAB Ordinance No. 78-291' -2- CEDAR RAPIDS AND UES MUINLS, :WA G. SOIL EROSION CONTROL. A method of planting and cultivation, or lack of same, designed to retain soil and to prevent soil movement caused by natural or man-made causes. H. NATURAL AREA. An area allowed to retain native plant material in a natural prairie state. I. WEEDS. Weeds as used in this Chapter shall mean any plants growing uncultivated and out of context with the surrounding plant life with a height of 18 inches or more or when such plant has a seed head forming or formed. J. NWOUS WEEDS. Primary and secondary classes or weeds as defined by the Code of Iowa, and all additions to this list as so declared by the Secretary of Agriculture, State of Iowa. K. UNMOWED OR UNTENDED AREA. Area allowed to grow without care and supervision; where weeds and grasses are more than the allowed height. L. DEVELOPED LOT OR AREA. An improved or commercial lot. M. UNDEVELOPED LOT OR AREA. An unimproved lot or area. N. FIRE MARSHALL. The City Fire Marshall or his/her representative. 0. CONSERVATION AREA. An area that is planted with ground cover plants of a size and texture compatible with the environment and maintained accordingly. P. CHEMICAL CONTROL. The application of a herbicide (weed killer) in strict accordance with the directions on the product and the regulations of the Code of Iowa, Chapter 206 (the Pesticide Act), and all additions thereto that may be adopted. Q. ENFORCEMENT PERIOD. The period between the fifteenth (15th) of June and the fifteenth (15th) of October. Section IV. Authority. The City Manager or person designated by him/her shall be responsible for the enforcement of the Weed Ordinance and shall have all the necessary authority to carry out the enforcement of the Weed Ordinance. Said designee shall be known as the Weed Official. td•— —FluaCo By j JORM MICR+LA13 OFOAR RAPIpS • Pf.S MOIMFS 1. i MICROFILMED BY JORM MICROLAB -3- Ordinance No. 78-291. CEDAR RAPIDS AND ULS MUINL'�, IUwi+ Section V. Interference with Need Official. No persons shall interfere with the Weed Official or any appointed assistant while engaged in the enforcement of this Ordinance. Section VI. Nuisances. Except as provided elsewhere in this Chapter, the following provisions shall apply: A. Each owner and each person in the possession of control of any land shall cut or otherwise destroy, in whatever manner prescribed by the Weed Official, all noxious weeds thereon and shall keep said lands free of such growth. B. Each owner and each person in possession or control of any developed or r, undeveloped lot shall be responsible to keep said lot along with the parking adjacent thereto, alleys, public ways, or areas up to the center line f iof said ways free of any weeds and to keep grasses on said land mowed iso that said grass is less than eighteen (18) inches in height. C. Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alleys, or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrians or vehicular traffic upon any public place or way. D. Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in possession or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than eighteen (18) inches in height. Should such waterways or watercourses be found within the right-of-way of a street or alley, the adjacent property owner or person in possession or control shall be responsible to keep the flat or accessible portion of the creek bank free of any weeds and the grasses more than eighteen (18) inches in height. 141CROFILMEO BY DORM MICR+LAB Cr0A2 RM ,nS ]r5 MOIRES P11CROFILMED BY JORM MICROLAB Ordinance No. 78-291u -4- CEDAR RAPIDS AND ULS MUINL�,, IUNA E. No owner or person in possession or control of any developed or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations be located within one hundred fifty (150) feet of a building, structure, recreation area (not including the width of any intervening street), or within one hundred twenty-five (125) feet of a street right-of-way. Section VII. Natural Areas. A. Designation. The Weed Official, upon application of the owner or person in possession of control of any lot, may designate such lot or portion thereof or any adjacent undeveloped public way as a natural or conservation area. Prior to designating such area, the Weed Official shall consider the following factors: grade or incline of said tract, the difficulty to control or maintain such tract, whether said tract is being maintained as either a soil erosion control area or a conservation area. Any person affected by the designation or lack thereof may appeal said determination to the City Manager pursuant to the procedures as set forth in the Administrative Procedures Ordinance (Ordinance No. 77-2851). B. Natural or Conservation Areas. Natural or conservation areas need not be mowed and shall be left in their natural state, except that all noxious weeds shall be removed or controlled. C. Public Ways. Sidewalks or other public ways that lie adjacent to or extend through a natural or conservation area must be open and free from any obstructions to pedestrians or vehicular traffic. D. Newly Developed Areas. In areas of development (as opposed to established neighborhoods) the area qualifies as a natural area until more than sixty percent (60%) of the subdivision is developed or seventy-five percent (75%) of a linear block is occupied. 1 141CROFILMED BY t JORM MICR+LAB CF11(1R I+N'19S 9C5 F101!IES MICROFILMED BY JORM MICROLAB -5- Ordinance No. 78-291, CEDAR RAPIDS AND ULS MUINL;, IUWA Section VIII. Enforcement. During the period between the 15th of June and the 15th of October it shall be the duty of the Weed Official to inspect all areas of complaint and notify the last known owner or person in possession or control of the area of violations of this ordinance. Said Notice shall be by certified (nail and shall allow ten (10) days after mailing of said Notice as a period of time to eliminate said violations. Return receipt with signature is not required for said Notice. Upon failure of the owner or person in possession or control to act within the prescribed time period, the Weed Official may, in addition to other remedies allowed by law, file criminal charges against such individual. Section IX. Emergency. Notwithstanding any other provisions of this Ordinance, whenever in the judgement of the Weed Official or the Fire Marshall an emergency exists creating a health, safety, or fire hazard which may require weed or grass control without prior notice, control measures shall be taken and costs assessed against the property for collection in the same manner as property tax. However, prior to such assessment, the City shall give the property owner notice by certified mail and an opportunity for a hearing before the City Council. Section X. Savings Clause. If any article, section, or subsection of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such adjudication shall not affect the validity of the Ordinance as a whole or any article, section, subsection, or part not adjudged invalid or unconstitutional. The Council hereby declares that it would have passed the remaining adjudicated article, section, or parts of this Ordinance if it had known that subsection thereof would be declared unconstitutional. Section XI. Repealer. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, specifically Ordinance N74-2723, dated May 28, 1974. Section XII. Effective Date. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. MICROFILMED BY ,1 JORM MICR+LAB ErnM F!API?; • qES MOIYrS i I MICROFILMED BY JORM MICROLAB ordinance No. 78-2916 Page 6. CEDAR RAPIDS AND UES MUINES, IUviA Passed and adopted this 22nd day of August , 1978. Hobert A. Vevera, Mayor Attest: C �tia fG Abbie Stolfus, City ].erlc It is moved by Neuhauser and I. seconded by o erts that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSIM: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x — Roberts x Vevera 1st consideration 8/8/78 Vote for passage: yes: a rosse, Erdahl, Perret, Roberts, Vevera, Balmer. Nays: none. Absent: Neuhauser. 2nd consideration Moved by Neuhauser, seconded by Balmer, that Vote for passage: the rule requiring ordinances to be considered and voted on for, passage at two Council meetings Date of Publication. prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: deProsse, Erdahl, Neuhauser, TWEIPED & APPROM,Roberts, Vevera, Balmer. BY TT9, LEcnt, TT' y ITNa s: None. Absent: Perret. MICROFILMED BY JORM MICR#LAO .I CEDAR RAPIDS • 1115 MOINES t41LROFILMEO BY JORM MICROLAB CEDAR RAPIDS AND UES NUINL�, iw+: ORDINANCE NO. 78-2917 AN ORDINANCE ESTABLISHING CERTAIN STANDARDS, REGULATIONS AND PROCEDURES FOR THE GRANTING AND OPERATION OF A BROADBAND TELECOMMUNICATIONS FRAN- CHISE WITHIN THE CITY OF IOWA CITY, IOWA; CREATING A BROADBAND TELECOMMUNICATIONS COMMISSION AND PROVIDING FOR THE ENFORCEMENT OF SUCH STANDARDS, RULES AND REGULATIONS AS STATED HEREIN. SECTION I. PURPOSE. The purpose of this ordinance is to regulate broadband telecommunications systems within the City of Iowa City, Iowa which operate pursuant to city franchise and establishing standards, regulations and procedures for the granting, maintenance and operation of a broadband telecommunications franchise. SECTION II. ENACTMENT. The following provisions are hereby adopted for the operation, maintenance and operation of a broadband telecommunications system within the City of Iowa City, Iowa: SECTION 14-60. SHORT TITLE This ordinance shall be known and may be cited as the "Broadband Telecommunications Franchise Ena- bling Ordinance." SECTION 14-61. DEFINITIONS For the purpose of this ordinance the following terms, phrases and words and their derivations shall have the meaning specified herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include words in the plural number. Additional Service shall mean a subscriber service provided by the Grantee for which a special charge is made based on program or service content, time or spectrum space usage. A.C. - abbreviation for alternating current. Annual Gross Revenues shall mean all revenues received by the Grantee, its affiliates or subsid- iaries from and in connection with the operation of the Broadband Telecommunications Network in the City of Iowa City, Iowa and shall include revenues from all sources including without limitation revenues from advertising, channel leasing, data transmission and per program charges and any other charges not specifically prohibited by the FCC or a court of competent jurisdiction, in addition to the subscriber's monthly payments. MICROFILMED BY ' ; ' JORM MICR+LAB NPAR PAM', • 7F.5 MOINFS IT:r4 f-0ICROFILMEU BY JORM MICROLAB CEDAR RAPIDS AND ULS MUiNL i, 10vin ORD. 178-2917 AGC (Automatic Gain Control) - an electronic circuit which automatically increases or decreases, Page 2 within its design range, the gain of an amplifier in order to maintain a stable or fixed output level. Sometimes called ALC or AVC. ASC (Automatic Slope or Tilt Control) - an electronic circuit or thermal device that compen- sates for changes in cable or amplifier charac- teristics caused by temperature variations. Basic Service shall mean all subscriber services provided by the Grantee, including the delivery of broadcast signals and programming originated over the cable system, covered by the regular monthly charge paid by all subscribers. Broadband Telecommunications Network (BTN) i shall mean any network of cables, optical, elec- trical, or electronic equipment, including cable Y televisions systems, used for the purpose of transmission of electrical impulses of television, radio and other intelligences, either analog or i digital for sale or use by the inhabitants of the j, City. f. BTN Channel Capacity - the highest total number of cable television channels on which television signals from separate sources may be delivered downstream simultaneously to every subscriber in the network. The network may have additional channel capacity for specialized or discrete purposes, but the technical performance t specified shall not be materially degraded thereby. Cable Television Channel - a frequency band 6 MHz in width within which a standard television broadcast signal is delivered by cable to a subscriber terminal (except that Class III & IV is cable television channels as defined by the FCC may be either wider or narrower than this standard). Channel Frequency Response - within a cable television channel, the relationship as measured at a subscriber terminal between amplitude and frequency of a constant -amplitude input signal at all specified frequencies within each channel. City shall mean the City of Iowa City, Iowa its officers and employees unless otherwise spe- cifically designated, the area within the terri- torial city limits of the City and such territory presently outside the City limits over which the City may assume jurisdiction or control by virtue of annexation. Class I Cable Television Channel - a signal- ing path provided by a cable television system to relay to subscriber terminals television broadcast programs that are received off -the -air or are obtained by microwave or by direct connection to a television broadcast station. fd ICRUILMEn BY 1 JORM MICR+LA13 CEDAR VAPI^'. PE5 :-10ME° M f-0ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINLU, 1WJA ORD. R78-2917 Class II Cable Television Channel - a signal - Page 3 ing path provided by a cable television system to deliver to subscriber terminals television signals that are intended for reception by a television broadcast receiver without the use of an auxiliary decoding device and which signals are not involved in a broadcast transmission path. Class III Cable Television Channel - a signaling path provided by a cable television system to deliver to subscriber terminals signals that are intended for reception by equipment other than a television broadcast receiver or by a television broadcast receiver only when used with auxiliary decoding equipment. Class IV Cable Television Channel - a signal- ing path provided by a cable television system to transmit signals of any type from a subscriber terminal to another point in the cable television system. Commence Operation. Operation will be con- sidered to have commenced when sufficient distri- bution facilities have been installed so as to permit the offering of "full network services" to at least twenty-five percent (25%) of the dwelling units located within the designated "service area." Commission refers to the Broadband Telecom- munications Commission. Council shall mean the City Council of the City of Iowa City and any legally appointed or elected successor or agency. Data Grade shall mean coded transmissions primarily digital in nature. dBmV - the level in the network expressed in db's above or below a power corresponding to a root mean square voltage of one millivolt across seventy-five (75) ohms. Downstream - the direction of transmission over the BTN from the "head end" or "hub" to a subscriber's terminal. FCC shall mean the Federal Communications Commission and any legally appointed or elected successor. Franchise Payment shall include all charges imposed for a franchise whether the object be regulation, revenue or one-time reimbursement of costs incurred by the City in the award of this franchise. Full Network Service shall mean all "basic services" and "additional services" offered by the Grantee. Grantee means all persons including, but not limited to, subsidiaries, parents, or affiliate companies, associations or organizations having any rights, powers, privileges, duties, liabilities or 141CROFILMCO BY JORM MICR+LAB crone "ANDS • x5'101'415 t11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND AS MOINLS, iOWH ORD. 1178-2917 obligations, under this ordinance, and under the called the Page 4 franchise ordinance, collectively "Franchise", and also includes all persons having or claiming any title to or interest in the system, franchise itself directly whether by reason of the or by interest in a subsidiary, parent, or affiliate company, association or organization by any subcontract, transfer, assignment, management agreement, or operating agreement or an approved assignment or transfer resulting from a foreclosure of a mortgage security agreement, or whether otherwise arising or created. the land, electronic Head End shall mean processing equipment, antennas, tower, building and other appurtenances normally associated with and Broadband 4 f located at the starting point of a Telecommunications Network, excluding the studio. ( Hub Confiquration - a BTN design technology wherein all transmission paths either originate or terminate at a central location within the com- munity. Installation shall mean the extension and/or construction of the system from the main trunk terminals and/or feeder cable to subscribers' is required by this E except where such a procedure ordinance without charge when it will mean the extension and/or construction of the system to one - point in a designated building. Local Distribution Center shall mean a e.cil- t i conn ity within the community remote from but conn the to the "hub" which distributes signals from "hub" to a specified area in the Broadband Tele- communications Network. Local Distribution System - that portion of the network that originates from a "local distri- bution center" as opposed to the "hub." May is permissive. Network Noise - that combination of undesired and fluctuating disturbances within a cable tele- vision channel, exclusive of undesired signals of discrete frequency which degrade the reproduction of the desired signal and which are due to modu- lation processes, thermal effects and other noise - Network producing effects, not including hum. noise is specified in terms of its rms voltage or Hz band boundary ofa its mean power level as measured ina4 Broadband above the lower channel Telecommunications Network. Physical Mile of Plant shall mean total miles of trunk, feeder and super -trunk cable. the of Reasonable Notice shall mean provision notice of contemplated action delivered at least forty-eight (48) hours prior to such action. I4ICROF I L14ED BY 1 JORM MICR+LAB UPAR RAPT"`, `)EC WINES f-0ICRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINLI), IUwA ORD. 1178-2917 R.M.S. Root -Mean -Square - the effective value Page 5 of an alternating current waveform which would be numerically equal in energy to a constant direct current. Sale shall include any sale, exchange, barter or offer for sale. Service Area - that geographical area within the incorporated limits of the City. Shall and Must - each is mandatory. Strand Mile 'shall mean messenger strand as measured from pole to pole without taking into consideration sag or downguys, and for buried plant, actual trench feet. State shall mean the State of Iowa. Street shall include all streets, roadways, highways, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, easements, rights-of- way or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated by law. Studio shall mean the land, electronic proces- sing equipment, towers, building, cameras, lights and other appurtenances normally associated with and located at the Grantee's local origination and/or public access plants of a Broadband Tele- communications Network, excluding the head end. Subscriber shall mean any person, firm, company, corporation or association receiving either "basic service" or "additional service" from the Grantee under the schedule charges filed with and approved by the City. Subscriber Terminal - the Broadband Telecom- munications Network's 75 ohm cable terminal to which the subsciber's equipment is connected. Separate terminals may be provided for delivery of cable television signals, FM broadcast, or other signals of differing classifications. Substantially Completed - operation will be considered substantially completed when sufficient distribution facilities have been installed so as to permit the offering of "full network services" to at least ninety percent (90%) of the dwelling units in the service area to which access is legally and reasonably available. Terminal Isolation - at any subscriber termi- nal, the attenuation between that terminal and any other subscriber terminal in that network. Upstream - the direction of transmission over the BTN from a subscriber terminal to the network's "head end" or "hub". Video Grade shall mean transmission primarily analog in nature including the picture phase of a television broadcast. 141CROFIL14ED BY ' i JORM MICR+LAB Cf OAR RAP111S Of5 'MPIFS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IO'�Ili ORD. 1178-2917 Visual Signal Level - the rms voltage produced Page 6 by the visual signal during the transmission of synchronizing pulses. SECTION 14-62. IOWA CITY BROADBAND TELECOMMUNI- CATIONS COMMISSION 1. Commission Established. Within 30 days of the granting of the first franchise, there shall be appointed a commis- sion to be known as the Iowa City Broadband Telecommunications Commission. 2. The Commission shall consist of five citizens of the City appointed by the City Council for a term of three years except that the first appointees shall be appointed (1) for a term of one year; (2) for a term of two years; and (2) for a term of three years; and thereafter each for a term of three years. Following system completion it is recommended that a majority of the members be subscribers to the system at the time of their appointment. 3. Powers and Duties of the Commission. The duties of the Broadband Telecommunications Commission, in addition to those set forth in Section 14-64 shall be as follows: (a) Resolving disputes or disagreement between subscribers, potential subscri- bers and Grantee should such parties be unable first to resolve their dispute. The Commission shall conduct a public hearing upon any petition by any person seeking resolution of a dispute concern- ing the operation of any franchise granted hereunder. The hearing shall be conducted pursuant to the Iowa City Administrative Code and following such hearing the Commission shall issue its finding or determination. Said finding or decision shall be final and any person aggrieved may seek relief therefrom in the District Court of Iowa as provided by state law. (b) Reviewing and auditing reports submitted to the City as required and said such other correspondence as submitted to the City concerning the operation of the Broadband Telecommunications Network so as to insure that the necessary reports Id ICROMMED BY ,..y JORM MICR#LAB CFDAP RAPIDS DCS MOIIIFS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUIULS, IUVIA 4 ORD. 076-2917 Page 7 are completed and fulfilled pursuant to the terms of the ordinance. (c) Work with the public and the media to assure that all records, rules and charges pertinent to the Broadband Telecommunications Network in the City of Iowa City, Iowa, are made available for inspection at reasonable hours upon reasonable notice. 1 (d) Confer with the Grantee and advise on the interconnection of the City's cable system with other cable and communica- tions systems. (e) Subsequent to the initial franchise, solicit, review and provide recommenda- tions to the City Council for selection of applicants for franchise under pro- visions of Sections 14-69 and 14-70. (f) Initiate inquiries, receive requests for review of rates charged by the Grantee, and provide recommendation on such actions to the City Council. (9) Conduct evaluations of the system at least every three (3) years, with the grantee, and pursuant thereto, make recommendations to the Council concern- ing system improvements and amendments to this ordinance or any franchise agreement. (h) Establish and administer sanctions as authorized by the City Council to insure compliance with this ordinance. (i) To make recommendations to the Grantee of the Broadband Telecommunications Network and to the educational and governmental users of the educational and governmental access channels. (J) To insure that the Grantee makes the 1 public access channel available to all ? residents of the City on a nondiscrimi- natory basis. (k) To assure that the operation of the Public access channel be free of program censorship and control. I4ICROFILI4ED BY JORM MICR+LAB CEDAR RAPIDS - nES '40IABS i MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND ULS MU1NL:,, WvIA ORD. 1178-2917 (1) To perform such other duties and func- Page 8 tions relative to public access channels as may be appropriate in order to maxi- mize its use among the widest range of individuals, institutions and other organizations within the City. This shall include recommendations to the City Council for utilization of the annual franchise payment. Commission shall adopt such rules and regulations as are necessary to carry out its functions and to insure that due notice is given to all parties concerning any hearing on any complaints to said Commission and the hearings are held promptly in accordance with reasonable notice to all parties. The Commission shall also have such powers to include the election of its own officers. SECTION 14-63. BROADBAND TELECOMMUNICATIONS SPECIALIST The City Manager is hereby authorized to appoint a broadband telecommunications specialist for the purpose of exercising the city's continuing regu- latory jurisdiction over the franchise. Such responsibility shall include but not be limited to the following matters: (a) Receive and investigate such complaints, disputes or disagreements as may be directed or referred to the City of Iowa City, Iowa between subscribers or potential subscribers and Grantees of a Broadband Telecommunications Network and other distribution systems intercon- nected with the Broadband Telecommunications Network, not first able to resolve their differences. (b) Report his or her recommendations upon complaints, disputes or disagreements after investigation, to the Broadband Telecommunications Commission for the issuance of finding. (c) Review and audit reports, records, communications and Grantee regulations submitted to the City of Iowa City, Iowa and conducting such inspections of the system as may be necessary in support of such review as provided for in the City of Iowa City Broadband Telecommunica- tions Franchise Enabling Ordinance. 7 MICROFILMED BY 1 JORM MICR+LAB CEDAR RAP(P5 005 1101.'7ES 4 i i f11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES 1-10iNE:), lu'+Iti ORD. 1178-2917 (d) Work with the public and the media to Page 9 assure that all tariffs, rates, charges and rules pertinent to the operation of the Broadband Telecommunications Network in the City of Iowa City, Iowa are made available for inspection by the public at reasonable hours and upon reasonable request. (e) Confer and coordinate with the Grantee on the interconnections of the City's Broadband Telecommunications Network with other similar networks. (f) Advise the Broadband Telecommunications Commission. (g) Other such duties as the City Manager or the Broadband Telecommunication Commis- sion may assign. SECTION 14-64. REGULATORY JURISDICTION AND PROCE- DURES (1) Continuing Regulatory Jurisdiction. The City shall have continuing regulatory jurisdiction and supervision over the operation of any franchise granted hereunder and may from time to time adopt such reasonable rules and regulations as they may deem necessary for the conduct of the business contemplated thereunder. (2) Regulatory Procedures. (a) The Broadband Telecommunications Commission shall consider any inquiry or proceeding requiring City Council action to be taken in regard to the Broadband Telecom- munications Network or franchise, whether upon application or request by the Grantee or any other party or on its own motion and shall submit such consideration, together with the Commission's recommendation, to the City Council within sixty (60) days of the receipt of such request unless such time shall be extended by agreement between the Commission and the requesting party. Any action by the City Council on any Commission recommendation shall be taken only after thirty (30) days notice of said proposed action, 141CROFILMED BY E JORM MICR LAB UDAR RAPTDS • PES ?401!11S i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS b1OINLS, fOeJA ORD. 078-2917 inquiry, or proceeding is published Page 10 in the official newspaper having general circulation and a copy of said notice is served upon the Grantee. The Grantee shall have an opportunity to respond at the hearing and/or in writing. Members of the public shall have an opportunity to respond or comment in writing on the proposed action and appear at said proceeding or hearing, however, such hearing or proceeding shall be set no later than ninety (90) days after notice to the Grantee and the City Council shall act upon this proceeding within one hundred eighty (180) days of the notice of hearing unless such time is extended by agreement between the City and the Grantee. The decision of the City Council shall become a final determination. (b) The public notice required by this section shall state clearly the action or proposed action to be taken, the time provided for re- sponse, including response by the public, the person or persons in authority to whom such responses shall be addressed and such other procedures as may be specified by the City Council. If a hearing is to be held, the public notice shall give the date, location and time of such hearing. The Grantee is a necessary party to any hearing conducted in regard to its opera- tion. (3) Failure to Enforce Provisions. The Grantee shall not be excused from complying with any of the terms and con- ditions of the franchise by any failure to the City upon one or more occasions to insist upon or to seek compliance with any such terms or conditions. (4) Contravention of Provisions. The cost of any successful litigation incurred by the City to enforce provisions of this ordinance or of the franchise ordinance, MICROFILM by ,. JORM MICR+LA6 CCOAP RAPIDS PCS MOI:IFS N. r41CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUIUE , iUvlA on. 1178-2917 or in relation to a franchise shall be Page 11 reimbursed to the City by the Grantee. Such costs shall include filing fees, costs of depositions, discovery, and expert witnesses, all other expenses of suit, and a reasonable attorney's fee. (5) Triannual Franchise Review. (a) On or about the third, sixth, ninth and twelfth anniversaries of the effective date of the franchise, the city will schedule a public meeting or meetings with the Grantee to review the franchise performance, plans and prospects. The City may require the Grantee to make available specified records, documents and information for this purpose, and may inquire in parti- cular whether the Grantee is sup- plying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations. (b) The City shall first confer with the Grantee regarding modifications in the franchise which might impose additional obligations on the Grantee, and the Grantee may in turn seek to negotiate relaxations in any requirements previously imposed on it which are subsequently shown to be impractical. (c) Within thirty (30) days of the conclusions of such negotiations, the City may direct the Grantee to show cause why specified terms and conditions should not be incor- porated into the franchise and the Grantee may similarly file with the City a written request that speci- fied obligations of its franchise be removed or relaxed. Implementation of such requests shall correspond as nearly as possible with the procedures set forth herein. The Commission will recommend to Council changes in the franchised rights and obligations of the Grantee only if it finds from all IdIOROFILMEO BY ,;j JORM MICR+LAB CFDAP RAPID; DLS M0VAS 4 i A 141CROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MUINLS, IO IA ORD. 1178-2917 available evidence that such Page 12 changes will not impair the economic viability of the system or degrade the attractiveness of the system's service to present and potential subscribers. (6) Review of Franchise Prior to Expiration (a) Public Meeting to be Scheduled. At least six (6) months to the expir- ation of the franchise, the City shall schedule a public meeting or meetings with the Grantee to review the performance of Grantee, including the results of the pre- vious franchise reviews. The City may require the Grantee to make available specified records, docu- ments and information for this purpose, and may inquire in parti- cular whether the Grantee is sup- plying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations. (b) Determination on Reissue. The City shall, within thirty (30) days of the conclusion of such meetings, provide a determination as to whether a Broadband Telecommuni- cations Network franchise or franchises will be reissued. In making said decision the City shall consider the technical, financial and programming performance of the franchise holder and specifically with relation to any and all applications, promises or agreements made or entered into by the franchise holder and its performance of said applications, promises or agreements. In the event the City determines not to reissue the franchise or franchises for reasons other than a material breach of the franchise or for causes unrelated to the performance thereunder, it shall be so stated for purposes of Section 14-71(3). The City shall establish public proceedings leading to a final Y�... 1 141CROFIL14ED BY JORM MICR+LAB I CEDAR RAPIDS • DES '•101YES i 141CROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MUINLS, IO IA ORD. 1178-2917 available evidence that such Page 12 changes will not impair the economic viability of the system or degrade the attractiveness of the system's service to present and potential subscribers. (6) Review of Franchise Prior to Expiration (a) Public Meeting to be Scheduled. At least six (6) months to the expir- ation of the franchise, the City shall schedule a public meeting or meetings with the Grantee to review the performance of Grantee, including the results of the pre- vious franchise reviews. The City may require the Grantee to make available specified records, docu- ments and information for this purpose, and may inquire in parti- cular whether the Grantee is sup- plying a level and variety of services equivalent to those being generally offered at that time in the industry in comparable market situations. (b) Determination on Reissue. The City shall, within thirty (30) days of the conclusion of such meetings, provide a determination as to whether a Broadband Telecommuni- cations Network franchise or franchises will be reissued. In making said decision the City shall consider the technical, financial and programming performance of the franchise holder and specifically with relation to any and all applications, promises or agreements made or entered into by the franchise holder and its performance of said applications, promises or agreements. In the event the City determines not to reissue the franchise or franchises for reasons other than a material breach of the franchise or for causes unrelated to the performance thereunder, it shall be so stated for purposes of Section 14-71(3). The City shall establish public proceedings leading to a final Y�... 1 141CROFIL14ED BY JORM MICR+LAB I CEDAR RAPIDS • DES '•101YES NII:ROFILMED BY JORM MICROLAB ORD. 1178-2917 Page 13 SECTION 14-65. CEDAR RAPIDS AND DES NUiNLI), IUt. decision and such public proceedings shall include but not be limited to a public hearing providing opportunity for the public and applicant(s) for the reissued franchise to appear. SIGNIFICANCE OF FRANCHISE Franchise Nonexclusive. Any franchise gran- ted hereunder by the City of Iowa City, Iowa shall not be exclusive and the City reserves the right to grant a similar franchise to any person, firm, company, corporation, or asso- ciation at any time. Franchise Amendable. The scope of any fran- chise granted hereunder shall be deemed amendable from time to time to allow the Grantee to innovate and implement new services and developments; provided, however, that no such services or developments be implemented without the express prior approval of the City Council. Privileges Must be Specified. No privilege or exemption shall be inferred from the granting of any franchise unless it is speci- fically prescribed. Nothing in this ordinance shall be deemed to require the granting of a franchise when in the opinion of the Council it would not be in the public interest to do so. Authority Granted. Any franchise granted hereunder shall give to the Grantee the right and privilege to construct, erect, operate, modify and maintain, in, upon, along, above, over and under streets, as defined in Section 14-61 herein, which have been or may hereafter be dedicated and open to public use in the City, towers, antennas, poles, cables, electronic equipment, and other network appurtenances necessary for the operation of a Broadband Telecommunications Network in the City; subject to the requirements of Section 14-85 of this ordinance. Previous Rights Abandoned. A franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immuni- ties, and authorities owned, possessed, controlled, or exercisable by a Grantee or any successor pertaining to the construction, operation, or maintenance of a cable communi- v' 141CROFILMED BY '. JORM MICR6LAB CEDAR RAPIDS • 9C$ MDInES (1) i { i j (2) F S (3) t i (4) i I I I (5) CEDAR RAPIDS AND DES NUiNLI), IUt. decision and such public proceedings shall include but not be limited to a public hearing providing opportunity for the public and applicant(s) for the reissued franchise to appear. SIGNIFICANCE OF FRANCHISE Franchise Nonexclusive. Any franchise gran- ted hereunder by the City of Iowa City, Iowa shall not be exclusive and the City reserves the right to grant a similar franchise to any person, firm, company, corporation, or asso- ciation at any time. Franchise Amendable. The scope of any fran- chise granted hereunder shall be deemed amendable from time to time to allow the Grantee to innovate and implement new services and developments; provided, however, that no such services or developments be implemented without the express prior approval of the City Council. Privileges Must be Specified. No privilege or exemption shall be inferred from the granting of any franchise unless it is speci- fically prescribed. Nothing in this ordinance shall be deemed to require the granting of a franchise when in the opinion of the Council it would not be in the public interest to do so. Authority Granted. Any franchise granted hereunder shall give to the Grantee the right and privilege to construct, erect, operate, modify and maintain, in, upon, along, above, over and under streets, as defined in Section 14-61 herein, which have been or may hereafter be dedicated and open to public use in the City, towers, antennas, poles, cables, electronic equipment, and other network appurtenances necessary for the operation of a Broadband Telecommunications Network in the City; subject to the requirements of Section 14-85 of this ordinance. Previous Rights Abandoned. A franchise granted hereunder shall be in lieu of any and all other rights, privileges, powers, immuni- ties, and authorities owned, possessed, controlled, or exercisable by a Grantee or any successor pertaining to the construction, operation, or maintenance of a cable communi- v' 141CROFILMED BY '. JORM MICR6LAB CEDAR RAPIDS • 9C$ MDInES MILROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINLS, lWim (1) Franchise Required. No person, firm, company, rp cooration or association shall construct, install, maintain or operate within any public street in the City, or within any other public property of the City, any equipment or facilities for the distribution of television signals or radio signals or other intelligences either analog or digital over a MICROFILMED BY ' JORM MICR+LAB MAF 10111'?S - 1Irs MOINES ORD, 1178-2917 ations system in the City. The acceptance of Page 14 a franchise shall operate, as between Grantee and the City, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the City. All construction, operation and maintenance by the Grantee of any cable system in the City shall be under the franchise and not under any other right, privilege, power, immunity, or authority. (6) Subject to Other Reaulatory Agencies Rules and Re ulatio s. j he Grantee shall at all times during the life of any franchise granted hereunder be subject to all lawful exercise of the police power by the City and other duly authorized regulatory State and Federal bodies and shall comply with any and all ordinances which the City has adopted or shall adopt applying to the public Fr 1 generally and to other Grantees. (7) Pole Use Agreements Required. Any franchise granted hereunder shall not relieve the f Grantee of any obligation involved in obtain- ing pole- or conduit -use agreements from the gas, electric and the telephone companies, or others maintaining poles or conduits in the streets of the City, whenever the Grantee finds it necessary to make use of said poles 4 or conduits. 1 (8) NoRiof ght Propert . Anything contained herein to the contrary notwithstanding, the award of any franchise hereunder shall not impart to the Grantee any right of property in or on City -owned property. (9) Franchise Binding. Anything contained herein to the contrary notwithstanding, all pro- visions of this ordinance and any franchise granted hereto shall be binding upon the Grantee, its successors, lessees, or assign- ees. SECTION 14-66. THE BROADBAND TELECOMMUNICATIONS FRANCHISE (1) Franchise Required. No person, firm, company, rp cooration or association shall construct, install, maintain or operate within any public street in the City, or within any other public property of the City, any equipment or facilities for the distribution of television signals or radio signals or other intelligences either analog or digital over a MICROFILMED BY ' JORM MICR+LAB MAF 10111'?S - 1Irs MOINES FtICRUFILMED BY JORM NICROLAB CEDAR RAPIDS AND DES MUINL�, i0y ORD #78-2917 Broadband Telecommunications Network to any Page 15 subscriber unless a franchise authorizing the use of the streets or properties or areas has first been obtained pursuant to the provisions of this ordinance, and unless such franchise is in full force and effect. (2) Review of Qualifications. Specific permis- sion to operate a Broadband Telecommunications Network under the provisions of this ordinance may be granted by the City Council of the City to any Grantee after a review of the legal, character, financial, technical qualifications and the adequacy and feasi- bility of the Grantee's construction arrange- ments and after the City Council has approved the Grantee's qualifications as a part of a public proceeding affording due process. (3) Duration of Franchise. Upon filing by the Grantee of the proper acceptance, the bond and the required insurance and security fund, the franchise shall take effect as provided in Section 14-70 and shall continue in full force and effect for a term of fifteen (15) years. The City shall establish public proceedings leading to a final decision and such public proceedings shall include but not be limited to a public hearing providing opportunity for the public and applicant(s) for the reissued franchise to appear. SECTION 14-67. OPERATION OF FRANCHISE (1) Operations to be I Accordance With Rules. The Grantee shall matntatn and operate its Broadband Telecommunications Network in accordance with the rules and regulations of the Federal Communications Commission, the State of Iowa and/or the City as are incor- porated herein or may be promulgated. (2) Interruption of Service• Notification. The Grantee, whenever tt is necessary to Interrupt service over the Broadband Telecommunications Network for the purpose of network maintenance, alteration or repair, shall do so at such time as will cause the least amount of inconvenience to the subscribers, and unless such interruption is unforeseen and immediately necessary, the Grantee shall give reasonable notice thereof to the affected subscribers. nICROMMID BY JORM MICR+LA9 Cf DAR RM19c... i)FS MO:!IFS 141LROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS MUINLn, iUAA ORD. 1178-2917 (3) Studios, Office and Phone for Complaints. Page 16 The Grantee shall maintain an office, produc- tion studio, and public access production facilities within the City limits which shall be open during all normal business hours, have a listed local telephone number, and be so operated that complaints and requests for repairs or adjustments may be received at any time. (4) Operations. The Grantee shall make available and maintain at least, one (1) fixed color studio facility, portable production equip- ment and post production equipment for utili- zation by access users. In addition Grantee will provide training of potential users for the use of such equipment. The Grantee may make a fair and reasonable charge for use of these facilities and equipment not to exceed a rate schedule filed with and approval by the City Council. As maximum use of public access is of a great deal of interest to the City, applications for franchise hereunder are encouraged to propose a plan by which equipment and facilities are dedicated to public access use at no charge to users. (5) Service Records Maintained. The Grantee shall at all times make and keep at an office maintained by the Grantee in the City of Iowa City, Iowa a list of all complaints and interruptions or degradation of service received or experiences during the term of franchise. The records maintained above shall also include complaint response time and service restoral period and shall be continuously open to inspection, examination or audit by any duly authorized representative of the City or member of the public. (6) Grantee Rules and Regulations. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonable and necessary to enable the Grantee to exercise its rights and perform its obligations under this ordinance and any franchise granted hereunder. (a) Rules to be in Conformance With Other Regulations. None of such rules, regulations, terms and conditions promulgated under Subsection (6) above shall be in conflict with the provisions Id ICROFILMED BY JORM MICR#LAB CMAR Hit'!^', 1401'1[5 MICROFILMED BY JORM MICROLAB oRD. 1178-2917 Page 17 i i ,ff I (7) "r (8) E t 1 1 s f i (9) CEDAk RAPIDS AND DES MUINLS, IUviA hereof or the laws of the State, or the Rules and Regulations of the Federal Communications Commission, or any rules and regulations promulgated by the City in the exercise of their regulatory authority granted hereunder. (b) AllRules to be Filed With City. Two (2) copies of all rules, regulations, terms and conditions promulgated under Subsection (6) above, together with any amendments, additions or deletions thereto, shall be kept currently on file with the City Clerk and another copy therof shall be maintained for public inspection during normal business hours at Grantee's office in the City; no such rules, regulations, terms, conditions, or amendments, additions or deletions thereto shall take effect unless and until so filed and maintained. Subscribers' Antennas. The Grantee shall not require the removal, or offer to remove or provide any inducements for removal of any potential or existing subscriber's antenna as a condition of provision of service. Sale or Service of Television Receivers. Neither the Grantee during the period of the franchise nor any of its affiliated, subsid- iary, parent organizations, officers or directors or stockholders holding five percent (5%) or more of outstanding stock of the Grantee, shall within the corporate limits of the City or within ten (10) miles in any direction, directly or indirectly, engage in the retail sale, renting, leasing, or repair- ing of radio or television receivers or their appurtenances, nor shall they require any subscriber to utilize the services of any specific television/radio service business for the repair or maintenance of the subscri- ber's receivers, either radio or television. This section shall in no way prohibit the sale, rental or service of convertors neces- sary to the operation of the BTN by the Grantee. Antenna Switch. The Grantee, upon request from any subscriber, shall install at a reasonable charge therefore, a switching device so as to permit a subscriber to con- tinue to utilize his/her own television antenna as he or she chooses. MICROFILMED BY ,.'� ' JORM MICR+LRIB CEDAR enrtnS nEt MOVIr.S i tI MICROFILMED BY JORM MICROLAB 1. CEDAR RAPIDS AND UES MUIhL�, luv+A ORD. 1178-2917 (10) Service Response and Rebate. The Grantee Page 18 shall provide "same day service" response, seven (7) days a week for all complaints and requests for repairs or adjustments received prior to 2:00 p.m. each day. In no event shall the response time for calls received subsequent to 2:00 p.m. exceed twenty-seven (27) hours. Upon failing to correct total loss of customer service within twenty-seven (27) hours, of initial complaint the Grantee shall credit one -thirtieth (1/30) of the monthly charge for "basic service" to each subscriber for each twenty-four (24) hours following report of loss of service to the Grantee. (11) Upgrading of Facilities Equipment and Service. The Grantee shall upgrade its facilities, equipment and service as subscribers' demands dictate so that its network is as advanced as the current state of technology and reasonable economic feasibility will allow. SECTION 14-68. RIGHTS RESERVED TO THE CITY (1) Right of Amendment Reserved to City. The City may from time to time, add to, modify or delete provisions of this ordinance as it shall deem necessary in the exercise of its regulatory powers provided that such additions or revisions are reasonable and do not place an undue financial burden on the Grantee. Such additions or revisions shall be made only after a public hearing for which the Grantee shall have received written notice at least thirty (30) days prior to such hearing. (2) No Impairment of City's Rights. Nothing herein shall be deemed or construed to impair or affect, in any way to any extent, the right of the City to acquire the property of the a Grantee through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right to eminent domain. (3) Grantee Agrees to City's Rights. The City reserves every right and power which is required to be reserved or provided by an IdILROFILMED BY DORM MIC R+LAB MAP RAPID` • 9[G MOINES t•IjuROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND ULS MUINLS, 104n ORD. #78-2917 ordinance of the City, and the Grantee by its Page 19 acceptance of the franchise, agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or powers which have been or will be enacted or established. (4) City's Right of Intervention. The City shall have the right to intervene and the Grantee specifically agrees by its acceptance of the franchise not to oppose such intervention by the City in any suit or proceeding to which the Grantee is a party. (5) Powers of the City. Neither the granting of any franchise nor any provision governing the i franchise shall constitute a waiver or bar to the exercise of any governmental right or power of the City. (6) City's Transfer of Functions. Any right or power in, or duty imposed upon any elected official, officer, employee, department, or board of the City shall be subject to transfer by the City to any other elected official, officer, employee, department or board. j (7) City's Right of Inspection. The City reserves the right during the life of any franchise granted hereunder, to inspect and supervise all construction or installation work performed subject to the provisions of this ordinance and to perform network measurements to insure compliance with the terms of the ordinance. (8)Cityhe term 's Right of Acquisition. Upon expiration of tof the franchise, or revocation, or other termination as provided by law, or upon receipt of application for approval of an assignment of the franchise or upon change defacto control, the City shall have a right to purchase the Broadband Telecommunications Network as set forth in Section 14-71(3) herein. (9) City's Right of Network Installation. The City reserves the right during the life of any franchise granted hereunder, to install and maintain free of charge upon or in the poles and conduits of the Grantee any wire and pole fixtures necessary for municipal networks on the condition that such installation and maintenance thereof does not interfere with the operation of the Grantee. ��_�•y �,r 141CROPILMED By JORM MICR#LAB CCDM? RAPIDS • DCS AOMB MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLS, 'tUv+A ORD. 1178-2917 SECTION 14-69. APPLICATIONS FOR FRANCHISE Page 20 No franchise may be granted unless the applicant has successfully completed the application pro- cedure in accordance with filing instructions promulgated by the City: (1) Proposal Bond and Filing Fee. Provision of the Proposal Bond as required in Section 14- 75(1) and payment of a nonrefundable filing fee to the City of one thousand dollars ($1,000) which sum shall be due and payable at the time with the submission of the appli- cation. (2) All applicants must complete the Request for Proposal (RFP) issued by the City which shall include but not be limited to the following: (a) Name and Address of Applicant. The name and business address of the applicant, date of application and signature of applicant or appropriate corporate officer(s). (b) Description of Proposed Operation. A general description of the applicant's proposed operation, including but not limited to: business hours; operating staff; maintenance procedures beyond those required in the ordinance; manage- ment and marketing staff complement and procedures; and, if available, the rules of operation for public access. (c) Signal Carriage. A statement of the television and radio services to be provided, including both off -the -air and locally originated signals. (d) Special Services. A statement setting forth a description of the automated services proposed as well as a descrip- tion of the production facilities to be made available by the Grantee for the public, municipal, and educational channels required to be made available by the providsions of this ordinance. (e) Schedule of Charges. A statement of the applicant's proposed Schedule of Charges as set forth by the provision of Section 14-76 hereunder. 141CROMMED BY i JORM MICR+LAB CEDAR II NIS PC.S 1101NES MICROFILMED BY JORM NICROLAD • CEDAR RAPIDS AND UES MU1NL), r. ORD, 1178-2917 (f) Corporate Organization. A statement Page 21 detailing the corporate organization of the applicant, if any, including the names and addresses of its officers and directors and the number of shares held by each officer and director. (g) Stockholders. A statement identifying the number of authorized outstanding shares of applicant's stock including a current list of the names and current addresses of its shareholders holding three percent (3%) or more of applicant's outstanding stock. (h) Intra -Company Relationships. A state- ment describing all intra -company rela- tionships of the applicant, including parent, subsidiary or affiliated com- panies. J (i) Agreements and Understandings. A state- ment setting forth all agreements and understandings, whether written or oral, existing between the applicant and any ! other person, firm, group or corporation with respect to any franchise awarded hereunder and the conduct of the opera- tion thereof existing at the time of proposal submittal. �! (j) Financial Statement. If applicant is a corporation, audited financial state- ments for the two (2) previous fiscal i years. If applicant is a partnership, copies of the "U.S. Partnership Return of Income" (IRS Form 1065) for the two (2) I previous fiscal years. If applicant is a sole proprietorship, copies of the "U.S. Individual Income Tax Return" (IRS Form i 1040) for the two (2) previous fiscal years. (k) Financial Projection. A ten (10) year operations proforma which shall include the initial and continuing plant invest- ment, annual profit and loss statements detailing income and expenses, annual balance sheets, and annual levels of subscriber penetration. Costs and revenues anticipated for voluntary services shall, if presented, be incor- porated in the proforma as required in this ordinance, but shall be separately identified in the proforma. Y: ..�•`.,,..:.-,. t4ICROrl LI4CD BY ^ '1 JORM MICR+LAB cruor Iari ns .urs NoMrs i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINCL, iWim ORD. 1178-2917 (1) Financial Support. Suitable written Page 22 evidence from a recognized financing institution, addressed to both the applicant and to the City, advising that the applicant's financial ability and planned operation have been analyzed by the institution and that the financing institution is prepared to make the required funds available to applicant if it is awarded a franchise. If the planned operation is to be internally financed, a board resolution shall be supplied authorizing the obtainment and expenditure of such funds as are required to construct, install and operate the Broadband Telecommunications Network contemplated hereunder. (m) Construction Timetable. A description of system construction including the timetable for provision and extension of service to different parts of the City. (n) Technical Description. A technical description of the type of system proposed by the applicant, including but not limited to, system configuration (i.e. hub, dual cable), system capacity, two-way capability, etc. (o) Technical Statement. A statement from the applicant's senior technical staff member or consultant advising that he/she has reviewed the Network De- scription, the Network Technical Stan- dards, Performance Measurements, Chan- nels to be Provided, Service Standards, Construction Standards and Conditions of Street occupancy as set forth in or required by Sections 14-82, 14-83, 14- 67, 14-84 and 14-85, respectively, hereunder and that the applicant's planned network and operations thereof will meet all the requirements set forth therein. (p) Existing Franchises. A statement of existing franchises held by the applicant indicating when the franchises were issued and when the systems were con- structed and the present state(s) of the system(s) in each respective govern- K� MICROFILMED BY JORM MICR+LAB CEDAR PAPms • aFs MOINFs MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND OLS MUINLj, IuriA ORD. 1178-2917 mental unit, together with the name and Page 23 address and phone number of a respon- sible governmental official knowledge- able of the applicant. (q) Convictions. A statement as to whether the applicant or any of its officers or directors or holders of three percent (3%) or more of its voting stock has in the past ten (10) years been convicted of or has charges pending for any crime other than a routine traffic offense and the disposition of each such case. (r) Operating Experience. A statement detailing the prior cable television experience of the applicant including that of the applicant's officers, management and staff to be associated where known with the proposed ordinance. (s) Franchise Renewal Information. If an application is for renewal of a fran- chise, the proposal must include, in addition to the information required in Subsections a through q above: (i) A summary of the technical, finan- cial and programming history of the network since the granting of the original franchise. (ii) A statement and timetable that outlines all proposed changes, expansion or improvements in the system as to services, programming or technical specifications during the forthcoming three (3) year review period. (3) Special Interests Whereas the City is inter- ested in maximizing the potential of the ¢ Broadband Telecommunications Network (BTN) comparative evaluations of applications will reflect the City's special interest in the following areas: (a) Programming and Production Assistance. A proposal for funding, facilities, equipment, or personnel beyond those required elsewhere to be designated to effect and promote local programming development. It is understood that the foregoing will be available without MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS. • DES MOVIES i fjj0OFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINLS, IU4k ORD. 1178-2917 charge to all on a fair and nondiscri- Page 24 minatory basis. (b) Discrete Carriage Capacity. A proposal for the origination, experimental uses and/or interconnection by or of agencies specified in the ordinance Section 14-80 for specialized needs, and a plan accom- modating such future needs as may arise. (c) Bi-directional Capacity. A proposal for effectuating the BTN's bi-directional capacity. (d) Multiple Origination. A proposal for i system construction in such a way that it is possible to allow occasional simultaneous cablecasting of different programs on the same channel to different parts of the City. (e) University of Iowa. A proposal for interconnecting the City's BTN with a University of Iowa cable network as specified by the University so that residents of the City will benefit from the University's resources. (f) Convertors. A proposal for inclusion of convertors as part of the basic service. (4) Additional Requirements. The application for franchise shall respond specifically, and in sequence, to the RFP. Twenty (20) copies of the application shall be supplied to the City. The City may, at its discretion, consider such additional information as part j of the application. (5) Supplementation to Applications. The City reserves the right to require such supple- mentary, additional or other information that the City deems reasonably necessary for its determinations. Such modifications, dele- tions, additions or amendments to the appli- cation shall be considered only if specifi- cally requested by the City. SECTION 14-70. ACCEPTANCE AND EFFECTIVE DATE OF FRANCHISE (1) Franchise Acceptance Procedures. Any fran- chile awarded hereunder and the rights, privileges and authority granted thereby shall take effect and be in force from and after the i MICROFILMED BY JORM MICR+LAB CEDAR RADIOS - DCS. MOIOrS MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND JLS MiNL , 1W,A ORD. 1178-2917 thirtieth (30th) day following the award Page 25 thereof, provided that within thirty (30) days from the day of such award the Grantee shall file with the City the following: (a) A notarized statement by the Grantee of unconditional acceptance of the fran- chise, and (b) A certificate of insurance as set forth in Section 14-74(6) (c) A performance bond in the penal sum of five hundred thousand dollars ($500,000) as set forth in Section 14-75(2) herein and deposit of the security fund, and (d) Reimbursement to the City for the costs of publication of this ordinance, and I (e) Written notification of the Grantee's location and address for mail and official notifications from the City. 1 j (2) Forfeiture of Proposal Bond. Should the 1 Grantee fail to comply with Subsection (1) above it shall acquire no rights, privileges or authority under this ordinance whatever, and the amount of the Proposal Bond or certified check in lieu thereof, submitted ; with its application shall be forfeited in full to the City as liquidated damages. (3) Grantee to Have no Recourse. The Grantee 1 shall have no recourse whatsoever against the I City for any loss, cost, expense or damage arising out of any provision or requirement of this ordinance or its regulation or from the City's exercise of its authority to grant additional franchises hereunder. This shall not include negligent acts of the City, its 7 agents or employees which are performed out- I side the regulatory or franchise awarding authority hereunder. (4) Acceptance of Power and Authority of City. The Grantee expressly acknowledges that in accepting any franchise awarded hereunder, it has relied upon its own investigation and understanding of the power and authority of the City to grant this franchise. (5) Inducements Not Offered. The Grantee by acceptance of any franchise awarded hereunder MICROFILMED BY JORM MICR+LAE! UPAR RANDS • MES 1401IIES h1ILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MOiNL�, iUelk ORD. 1178-2917 acknowledges that it has not been induced to Page 26 enter into this franchise by any understanding or promise or other statement, whether verbal or written, by or in behalf of the City concerning any term or condition of this franchise that is not included in this ordinance. (6) Grantee Accepts Terms of Franchise. The grantee acknowledges by the acceptance of this ordinance and the franchise ordinance that it has carefully read its terms and conditions and it is willing to and does accept all the obligations of such terms and conditions and further agrees that it will, not prior to substantial completion of the system, set up as against the City the claim that any provision of this ordinance as adopted, and any franchise granted hereunder is unreasonable, arbitrary, invalid or void. (7) Incorporation of Proposals. The Grantee, by the acceptance of any franchise awarded hereunder, agrees that the matters contained in the Grantee's application for franchise and as stated in oral presentation, except as inconsistent with the FCC Rules and Regula- tions, law or ordinance, shall be incorporated into the franchise as though set out verbatim. SECTION 14-71. TERMINATION OF FRANCHISE (1) Grounds for Revocation. The City reserves the right to revoke any franchise and rescind all rights and privileges associated with the franchise in the following circumstances: (a) If the Grantee should default in the performance of any of its obligations under this ordinance or the franchise, and fails to cure the default within thirty (30) days after receipt of written notice of the default from the City. (b) If the Grantee should fail to provide or maintain in full force and effect, the performance bond, security bond, and liability and indemnification coverages as required in Sections 14-74 and 14-75, respectively. (c) If a petition is filed by or against the Grantee under the Bankruptcy Act, or any other insolvency or creditors' rights law, State or Federal, and the Grantee shall fail to have it dismissed. MICROFILMED BY ' JORM MICR¢LAB CEDAR RAMC 9(S �t01NES 141CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MU1NL;, 1UW� ORD. 1178-2917 (d) If a receiver, trustee or liquidator of Page 27 the Grantee is applied for or appointed for all or part of its assets. (e) If the Grantee makes an assignment for the benefit of creditors. (f) If any court of competent jurisdiction, the FCC, or any State regulatory body by rules, decision, or other action deter- mines that any material provision of the franchise documents, including this ordinance, is invalid or unenforceable. (g) If the Grantee should violate any orders or ruling of any regulatory body having jurisdiction over the Grantee unless the Grantee is lawfully contesting the legality or applicability of such order or ruling. (h) If the Grantee fails to receive the necessary FCC or State certification unless such cause is directly attribu- table to an action or condition imposed by the City. (2)Procedure Prior to Revocation. Upon the occurrences of any of the events enumerated in Subsection (1) of this section, the City Council may, after hearing, upon thirty (30) days written notice to the Grantee citing the reasons alleged to constitute cause for revocation, set a reasonable time in which the Grantee must remedy the cause. If, during the thirty (30) day period, the cause shall be cured to the satisfaction of the City, the City may declare the notice to be null and void. If the Grantee fails to remedy the cause within the time specified, the Council may revoke the franchise. In any event, before a franchise may be terminated, the Grantee must be provided with an opportunity to be heard before the City Council. (3) Purchase of System by City. If the City determines not to reissue the franchise for reasons other than a material breach of the franchise or reasons unrelated to the perfor- mance of the franchise holder or upon receipt of an application for assignment of the franchise, or upon change of defacto control, the Grantee shall first offer the Broadband Telecommunications Network for sale to the 141CROFILRED BY JORM MICR+LAB MAP RAPIDS • DES MOI!IES .. I 1.1ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINL, , Iuvr; pgp 478-2917 City at a fair and just market value, which Page 28 value shall include the fair market value of the system as a going concern including the franchise itself and the rights and privileges granted by the City. When a franchise is revoked pursuant to this section or expires and is not renewed because of a material breach of the franchise, the Grantee shall first offer the Broadband Telecommunications Network for sale to the City at a fair and just market value, which value for the value shall not include anyof the rights or franchise itself or for any { privileges granted by the City. E In the event the determination of fair market value cannot be negotiated or determined, said value shall be determined by an impartial arbitration procedure pursuant to State law, wherein the Grantee and the City shall each choose an arbitrator and the arbitrators chosen shall choose the third and the valua- tion determined by said arbitrators shall be considered the fair market value at which the system will be offered to the City. The determination of the value of the systemshall be decreased by the amount of any damages sustained by the City in connection with revocation or expiration, including without limitation, payment made by the City to another person or entity to operate the Broadband Telecommunications Network for a I temporary period after revocation. The cost I of the arbitration procedures shall be shared j equally by the City and Grantee. I The City shall have ninety (90) days to exercise the right of first refusal to ur- chase the network, said ninety (90) days I commencing on the day the fair market value of the system is determined either through negotiation or the arbitration procedure. If the City does not exercise its option to purchase, and the Network is not sold to another operator who has obtained a franchise from the City in a reasonable period f shall the Grantee, upon request by y. promptly remove all its plant, structures and equipment; provided, however, that in the event the City determines not to exercise its right of first refusal it shall not unreason- ably refuse to renew or grant a cable tele- vision franchise during a reasonable interim 1� 141CROFILMEB BYj JORM MICR+LAE CCOAC PAPM`" - OCS MOINES I MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS MOINLL>, luvin on. 1178-2917 period. While transfer of the system and Page 29 franchise is being negotiated, arranged or ordered the Grantee may be required to continue service to the public unless for reasons beyond the control of the Grantee said operation will be economically unfeasible to the Grantee. (4) Restoration of Property. In removing its plant, structures and equipment, the Grantee shall refill at its own expense, any excava- tion that shall be made by it and shall leave all public ways and places in as good condi- tion as that prevailing prior to the company's removal of its equipment and applicances, without affecting the electric or telephone cables, wires, or attachments. The City shall inspect and approve the condition of the public ways and public places and cables, wires, attachments and poles after removal. Liability insurance and indemnity provided in Section 14-74 and the performance bond and security fund in Section 14-75 shall continue in full force and effect during the period of removal. (5) Restoration by City Reimbursement of Costs. In the event of a failure by the Grantee to complete any work required by Subsection (4) above or any work required by City law or ordinance within the time established and to the satisfaction of the City, the City may cause such work to be done and the Grantee shall reimburse the City the costs thereof within thirty (30) days after receipt of an itemized list of such costs or the City may recover such costs as provided in Section 14- 75(2) and 14-75(4). (6) Lesser Sanctions. Nothing shall prohibit the City, in its rules and regulations, from imposing lesser sanctions or censures than revocation for violations of provisions of this ordinance including the shortening of the franchise period for substantial and repeated violations. (7) Expiration; Extended Operation. Upon the expiration of a franchise, the City may, by resolution, on its own motion or request of the Grantee, require the Grantee to operate the franchise for an extended period of time not to exceed six (6) months from the date of any such resolution. All provisions of the MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . PCS MOIV i 141CROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS MUINL;, !U>I on. 1178-2917 franchise shall continue to apply to opera - Page 30 tions during an extension period. The City shall serve written notice at the Grantee's business office of intent to extend under this section at least thirty (30) days prior to expiration of the original franchise or any extensions thereof. SECTION 14-72. REPORTS AND RECORDS OF THE GRANTEE (1) Annual Financial Reports Required. The Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subse- quent fiscal year, two (2) copies of: (a) The report to its stockholders; (b) An income statement identifying reve- nues, expenses and income applicable to its operations under said franchise during the fiscal year or fraction thereof and; (c) A listing of its properties devoted to network operations together with an i itemization of its investment in each of such properties on the basis of original 1 cost, less depreciation. These reports f shall include a balance sheet, listing of substantial liabilities and financing arrangements and such other reasonable information as the City may request, and I shall be certified by a Certified Public 1 Accountant. 4 (2) Annual Facilities Report Required. The i Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subse- quent fiscal year, two (2) copies of a total facilities report setting forth the total physical miles of plant installed or in operation during the fiscal year and a map showing the location of same. (3) Annual Service Record Report Required. The Grantee shall, iT requested by the City, file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after 141CROFILNCO BY 1 DORM MICR+LAB CFOAR RANDS . 01.5 )101NCS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS NUINL:i, lUnA ORD. #78-2917 the end of each subsequent fiscal year, two Page 31 (2) copies of a list of all trouble complaints and network "downtime" received or experienced during the fiscal year. All such submitted data shall also include complaint disposition and response time. For the purposes of this provision, certified copies of a "complaint" logbook reflecting all such incidents will suffice. Also, if requested by the City, uncertified additions to the annual complaint log shall be supplied in two (2) copies to the City at intervals of not more than ninety (90) days following the filing of the annual report. (4) Annual Measurements Report Required. The Grantee shall file annually with the City !I Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subse- quent fiscal year two (2) copies of a report on the network's technical measurements, as set forth herein. (5) Annual Operations Reports Required. The Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted a franchise hereunder and within three (3) months after the end of each subse- quent fiscal year two (2) copies of the following supplemental information: (a) If a nonpublic corporation, a list of all current shareholders and bondholders both of record or beneficial. If a public corporation, a list of all share- holders who individually or as a con- certed group hold three percent (3%) or more of the voting stock of the corpor- ation. (b) A current list of all Grantee's officers and directors including addresses and telephone numbers. (c) Copies of all pertinent agreements or contracts, including pole -use agree- ments, entered into by the Grantee during the fiscal year in the conduct of its business under a franchise granted hereunder. MICROFILMED BY JORM MIC R+LAB CF.W. f!AP1P5 I)F.5 I401NES I4ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLS, IONA on. #78-2917 (d) The names and both business and resi- Page 32 dential addresses and phone numbers of the Broadband Telecommunications Network i resident manager and engineer. (e) Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be filed with the City. (f) Copies of all rules and regulations j promulgated by the Grantee during the fiscal year in the conduct of its busi- ness in accordance with the provisions of i Section 14-67 hereunder. ;t (6) i i I i (7) i i (8) (g) A copy of the annual report(s) of the parent firm(s) which own an interest of more than three percent (3%) or more of the voting stock of the Grantee; and such other annual report(s) of subsidiaries or divisions of the parent firm(s) as the City deems necessary. Application for Certificate of Compliance. The Grantee shall give formal notice to the City that it is seeking a Certificate of Compliance from the Federal Communications Commission. Within five (5) calendar days upon filing such a request with the Federal Communications Commission, the Grantee shall file two (2) copies of its application for certification with the City Clerk. Public Availability of Reports. Such docu- ments and reports as required under this ordinance must be available to the public in the office of the City Clerk, during normal business hours. Subscribers shall be notified of the availability of such reports in ways approved by the Broadband Telecommunications Commission. Correspondence. The Grantee shall simul- taneously file with the City Clerk a copy of each petition, application and communications transmitted by the Grantee to, or received by the Grantee from, any Federal, State or other regulatory commissions or agencies having competent jurisdiction to regulate and per- taining to the operations of any Broadband Telecommunications Network authorized here- under. 141CRoEILMED BY ,,•� JORM MICR+LAB CEDAR RAPIDS • BCS MOMrS f;11CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES PIOIPIES, IUVIA ORD. 1178-2917 (9) City's Access to Records. Page 33 (a) The City reserves the right during the life of any franchise granted hereunder to have access at all normal business hours and upon the giving of reasonable notice, to the Grantee's contracts, engineering plans, accounting, financial data, and service records relating to the property and the operations of the Grantee and to all other records required to be kept hereunder. Nothing contained herein shall prevent the Grantee from enjoining the City from reviewing documents relating to proprietary interests not related to its operation under this ordinance in the City's regulatory program. (b) Records of subscriber lists and identi- fiable subscriber statistical data not otherwise required by this ordinance shall be made available only upon a ruling by a judge of competent juris- diction that such records are material to the City's regulatory program. (10) Subscriber Agreement. The form of Grantee's agreements with its subscribers shall be subject to the approval of the City Council f and two (2) copies of all types of agreements used by the Grantee shall be filed and main- tained with the City Clerk. SECTION 14-73. FRANCHISE PAYMENT (1) Filing Fee. Applicants for a franchise hereunder shall pay a nonrefundable filing fee to the City of one thousand dollars ($1,000) which sum shall be due and payable at the time with the submission of the application. (2) Franchising Compensation. Grantees of a franchise hereunder shall provide an initial payment to the City in an amount equal to the direct costs of granting the franchise includ- ing but not limited to consultants fees, which sum shall be due and payable concurrently with the Grantee's acceptance of the franchise, to offset the City's costs in the franchise awarding process. (3) Annual Franchise Payment. Grantees of a franchise hereunder shall pay to the City an s 141CRONWEO BY JORM MICR+LAB CEnAP RAPIDS • PES 'd01NE5 I. i 141CROFILi4ED BY JORM 14ICROLAB CEDAR RAPIDS AND UES MOINL�, IuY1A ORD. #78-2917 annual fee in an amount equal to three percent Page 34 (3%) of the "annual gross revenues", as defined herein, in lieu of all other City's permits and fees, to be utilized by the City to offset its regulatory and administrative costs and to maximize awareness and use of the access capacity. This payment shall be in addition to any other payment owed to the City by the Grantee and shall not be constructed as payment in lieu of municipal property taxes or other State, County, or local taxes. (4) Method of Computation; Interest. (a) Sales taxes or other taxes levied direct- ly on a per -subscription basis and collected by the Grantee shall be deducted from the local annual gross revenues before computation of sums due the City is made. Payments due the City under the provisions of Subsection (3) above shall be computed annually as of December 31 for the preceding year and shall be paid simultaneously with the filing of annual reports required in Section 14-72 at the office of the City Clerk during his regular business hours. The payment period shall commence as of the effective date of the franchise. The City shall be furnished a statement with each payment, by a Certified Public Accountant, reflecting the total amounts of annual gross revenues, and the above charges, deductions and computations, for the annual payment period covered by the payment. (b) In the event that any payment is not made as required, interest on the amount due, as determined from the annual gross revenues as computed by a Certified Public Accountant, shall accrue from the date of the required submittal at an annual rate of twelve percent (12%). The percentages designated in this section may be amended no more than once each year by the City Council, consistent with increased costs for municpal facilities and supervision and applicable rules of other regulatory agencies. (5) Rights of Recomputation. No acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of MICROFILM BY .. JORM MICR+LAB CCRAR RAPIM, ^f.5 momrs m ,I' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINL,, iU+iA ORD. 078-2917 any claim the City may have for further or Page 35 additional sums payable as a franchise fee under this ordinance or for the performance of any other obligation of the Grantee. All amounts paid shall be subject to audit and recomputation by the City. SECTION 14-74. LIABILITY AND INDEMNIFICATION (1) Indemnification of Franchise. It shall be expressly understood and agreed by and between the City and any Grantee hereunder that the Grantee shall save the City harmless from all loss sustained by the City on account of any suit, judgement, execution, claim or demand which the City may legally be required to pay as a result of the enactment of this ordinance and the award of a franchise thereunder, except as such suit, judgement, execution, claim or demand may arise from the process or action of selection of a Grantee or Grantees for award of a franchise as provided herein. (2) Indemnification of City in Franchise Operation. It shall be expressly understood and agreed by and between the City and any Grantee hereunder that the Grantee shall save the City and its agents and employees harmless i from and against all claims, damages, losses, and expenses, including attorney's fees sustained by the City on account of any suit, judgement, execution, claim or demand whatsoever arising out of the installation, operation or maintenance of the Broadband Telecommunications Network authorized herein, whether or not any act or omission complained ( of is authorized, allowed or prohibited by i this ordinance and any franchise granted hereunder. This provision shall not apply to acts of the City, its agents or employees. (3) Reimbursement of Costs. The Grantee shall pay and by its acceptance of any franchise granted hereunder agrees that it will pay all expenses incurred by the City in defending itself with regard to all damages and penalties mentioned in Subsections (1) and (2) above, except as such expenses may arise from the process (as above). These expenses shall include all out- of-pocket expenses, such as consultant's or attorney' fees, and shall also include the reasonable value of any services rendered by the City Attorney or his/her staff or any other employee of the City. I� FILMED BY i JORM MICR#LAB CHAR RV'19' ^C5 VINFS 14ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLS, IUAA ORD. 1178-2917 (4) Public Liability Insurance. The Grantee Page 76 shall maintain and by its acceptance of any franchise granted hereunder agrees that it i will maintain throughout the term of the franchise, any extensions thereto, or as required in Section 14-71(4) herein, a general comprehensive liability insurance policy naming as the additional insured the City, its officers, boards, commissions, agents and employees, in a company approved by the City Manager and in a form satisfactory to the City Manager, protecting the City and all persons against liability for loss or damage for j personal injury, death or property damage, occasioned by the operations of Grantee under any franchise granted hereunder, in the amounts of: (a) Five hundred thousand dollars ($500,000) for bodily injury or death to any one person, within the limit, however, of one million dollars ($1,000,000) for bodily injury or death resulting from any one accident, and (b) Five hundred thousand dollars ($500,000) for property damage resulting from any one accident. I (5) Notice of Cancellation or Reduction of i Coverage. The insurance policies mentioned above shall contain an endorsement stating that the policies are extended to cover the liability assumed by the Grantee under the terms of this ordinance and shall contain the following endorsement: i It is hereby understood and agreed that this policy may not be cancelled nor the amount of coverage thereof reduced until thirty (30) days after receipt by the City Manager by registered mail of two f (2) copies of a written notice of such intent to cancel or reduce the coverage. (6) Evidence of Insurance File With City Manager. All policies of insurance or certified copies thereof and written evidence of payment of required premiums, shall by filed and maintained with the City Manager during the term of any franchise granted hereunder, or any renewal thereof. i :41CROFIL14ED BY ' JORM MICR6LA13 CEDAR RAAIOS • DCS MINES 0 MICRO11LMEO BY JORM MICROLAB CEDAR RAPIDS AND UES MUItlL;, IUv+A ORD. 1178-2917 (7) No Waiver of Performance Bond. Neither the Page 37 provisions of this ordinance nor any insurance accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the Grantee or limit the liability of the Grantee under any franchise issued hereunder or for damages, either to the full amount of the bond or otherwise. SECTION 14-75. BONDS (1) Proposal Bond. Each applicant for a franchise hereunder shall submit a proposal bond in a form acceptable to the City Manager or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the City in an amount of twenty-five thousand dollars ($25,000). Said bond shall remain in effect until such time as the applicant accepts the franchise and furnishes both the performance bond and the security fund as provided herein. (2) Performance Bond. The Grantee shall maintain, and by its acceptance of any franchise granted hereunder agrees that it will maintain through the term of the franchise, or any renewal or extension thereof or as required in Section 14.71(4), a faithful performance bond running to the City, with at least two good and sufficient sureties or other financial guaranties approved by the City Manager, in the penal sum total of find hundred thousand dollars ($500,000) conditioned upon the faithful performance of the Grantee and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the franchise, there shall be recoverable jointly and severally from the principal and surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond. In addition, failure to meet construction deadlines as specified in Section 14.80 unless exempted under the provi- sions of Section 14.80(6) shall result in forfeiture of said bond or withdrawal from the security fund as provided in Section 14.70(4) up to $100 per day for each day beyond the construction deadline as compensation by way nICROFILFIED BY JORM MICR�LAE3 CFnAR RAPIDS • nFS !OMIS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS HUINL5, Iu�1A ORD. 1178-2917 of liquidated damages as a result of such Page 38 failure. The bond shall contain the following endorsement: It is hereby understood and agreed that this bond may not be cancelled nor the intention not to renew be stated until thirty (30) days after receipt by the City Manager of the City of Iowa City, Iowa by registered mail of two (2) copies of a written notice of such intent to cancel or not renew. (3) Forfeit of Proposal Bond. Should the appli- cant fail or refuse to accept a franchise hereunder or fail or refuse to furnish the Performance Bond as set forth herein within thirty (30) days after written notification of the award of a franchise by the City, said applicant will be considered to have abandoned 1 its proposal and the City shall enforce the 1 proposal bond in accordance with its terms or retain the proceeds of the certified check. (4) Security Fund (a) Within thirty (30) days after the award date of this franchise, the company shall I deposit with the City Clerk the sum of Thirty Thousand Dollars ($30,000) in monies or securities as security for the faithful performance by it of all the provisions of this franchise, and i compliance with all orders, permits and directions of any agency of the City having jurisdiction over its acts or j 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. Any monies deposited pursuant to this section shall be placed by the City Clerk in an interest bearing demand account at a bank or local savings institution agreeable to both parties. The interest on this account will accrue to the benefit of the company. (b) Within ten (10) days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to subsection (e)(1) of this section, the company shall pay to, or deposit with, I 111CROFILMED BY JORM MICR+LAB 6FOAP. RAPIDS • DES MOINES MILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND ULS MUINLS, IUWH ORD. 1178-2917 the City Clerk a sum of money or securi- Page 39 ties sufficient to restore such security fund to the original amount of Thirty Thousand Dollars ($30,000). (c) If the company fails to pay to the City any compensation required pursuant to this ordinance within the time fixed herein; or, fails, after ten (10) days notice to pay to the City any taxes dun and unpaid; or, fails to repay to the City, within such ten (10) 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 Office of the City Manager, to comply with any provisions of this contract with the Office of the City Manager reasonably determines can be remedied by an expenditure of the security, the City Clerk may immediately withdraw the amount thereof, with inter- est and any penalties, from the security fund. Upon such withdrawal, the City Clerk shall notify the company of the amount and date thereof. (d) In the event the Grantee wishes to contest withdrawal, Grantee may petition to the Commission for a hearing within ten (10) days from date notice of with- drawal is mailed or otherwise given. SECTION 14-76. FEES, RATES AND CHARGES (1) Charges for Services. All the following charges for services shall be subject to City Council j approval, in accordance with the schedule of charges contained in the Grantee's application for franchise, which schedule is incorporated herein by reference, and any modifications to such schedule that may result from a review requested by the City on its own motion or at the request of the Grantee. The charges shall be filed with the City and be in accordance with the requirements set forth in Subdivisions a through c of this subsection. 141CRONVED BY ' JORM MICR+LAEY CCIIAR RAPIDS Of5 MOIHCS MICROFILMED BY JORM MICROLAB ORD. 1178-2917 Page 40 CEDAR RAPIDS AND UES MUIUL;, IUVIA ay (a) Basic Servi9es Charges. The Gr�;vatetee mor make a char a to subscribers, p commercial, for installation and connec- tion and reconnection to its Broadband Telecommunications Network and a fixed monthly charge for "basic service" within the meaning of Section 14-61 of this ordtion notibenchargednwhereapremisesarcharges shall are already wired. (b) Buried Service Charge. In the event that a subscriber requests a buried service drop to his residence, the Grantee shall bury such drop upon the payment of such fee(s) that have been approved by the City Council. (c) Unusual Connections Charges. The Gran- tee may make a charge to subscribers for installation and connection to its network in addition to those charges set forth in Subdivision (a) above, where as unusual circumstances exist, sub- remote or relatively inaccessible scriber locations or for an antenna switching device. (2) Notification of Charges. The Grantee may establish charges for its services not speci- fied in Subsection (1) above, however, all such charges, including but not limited to additional service, leased channel, discrete channel, production and advertising rates, and the charge to all users of the access channels for reasonable production and origins ins costs, shall be made public and two (2) P of the schedule of charges, as originally and thereafterthe modified, prior to the effective date ed hdate of citysuch changes. All (3) All Rates to be t1?erand Granteeaforaservice shall charges set by be fair and reasonable and calculated to offset all necessary costs for provision of the service, including a fair rate of return on its investment devoted thereto under efficient and economical management. (a) No Considerations Beyond Schedule. The Grantee shall receive no consideration whatsoever for or in connection with a service to its subscribers other than what may have been filed with and/or 141CROFILMEO BY 1 JORM MICR+LAB CCOAR RAPIDS • PCS MOINES 1-0ICR0FiU1ED BY JORM MICROLAB ORD. 1178-2917 Page 41 CEDAR RAPIDS AND ULS MUMU , IUAA approved by the City in accordance with this section. (b) Deposits on Advance Payments to be Approved. The Grantee shall receive no deposit, advance payment or penalty from any subscriber or potential subscriber other than those established in the schedule of charges previously filed with and/or approved by the City Council. (c) Purchase of Converter or Switch. In the event that a set convertor or coaxial switch or other appurtenant device is required to permit subscribers to receive "full network service", the Grantee shall give the subscriber the option of purchasing the convertor at a reasonable cost at the time of initial installation thereof, or of purchasing said convertor switch or other appurtenant device at the then prevailing local installment plan interest rate. The Grantee hereby agrees to allow the subscriber to provide a convertor, switch or other appurtenant device at its subscriber terminal, provided that such device meets with the approval of the Grantee. Such approval shall not be withheld if it is shown that such device does not interfere with the operation of the Broadband Telecommunications Network. If the subscriber elects not to purchase or provide said convertor, switch or other appurtenant device, the Grantee may make an additional charge for the rental of such convertor, switch or other appurtenant device providing that the additional charge is in accordance with the schedule of charges contained in the Grantee's application for a franchise hereunder or hereafter shall be filed with and approved by the City. (d) Subscriber Refunds. If any subscriber of the Grantee of less than thirty (30) days terminates service due to: 1. Grantee's failure to render service to such subscriber of a type and quality provided for herein; 2. If service to a subscriber is terminated by the Grantee without good cause; or :41CRof ILMCD BY , JORM MICR+LAB LfDAIi WhI'I!1S 9f6 MOVIES PIICROFILMED BY JORM 141CROLAB CEDAR RAMS MID UES MOIIILS, Iu"A ORD. #78-2917 3. If the Grantee ceases to operate the Page 42 Broadband Telecommunications Network authorized herein for any reason except termination or expiration of a franchise granted hereunder; the Grantee shall refund to such subscri- ber an amount equal to the monthly charge, installation and connection charge paid by such subscriber in accord- ance with the then existing schedule of charges. (e) Disconnection. There shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, the Grantee may disconnect the subscriber's service outlet. Such disconnection shall not be effected until sixty (60) days after the due date of said delinquent fee or charge, or until ten (10) days after adequate written notice of the intent to disconnect has been delivered to the subscriber in question. Upon payment Of charges due and the payment of a reconnection charge, if any, the Grantee shall promptly reinstate the subscriber's cable service after request by subscriber. (4) Acceptance of City's Authority to Regulate aRates. The Grantee shall agree, and by its { acceptance of a franchise, specifically agrees to be subject to the City, or other regulatory bodies, having competent jurisdiction to fix I just, reasonable and compensatory rates. (5) Rates Subec it to Other Regulations. The Grantee in submitting its request for approval of initial rates or any subsequent rates shall do so for all services to be performed to or for subscribers described in Subsection (1). If FCC Rules and Regulations, or any other applicable laws or regulations, shall subsequently determine that the City of Iowa City has jurisdiction over other services or service to be offered of performed, said rates shall be subject to approval by the City at that time. MICROFILM BY JORM MIC R+LAB CMAR RA1117, hF` 11019FS I PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�, IUIik ORD. 1178-2917 (6) Reduction of Fees. If during the term of any Page 43 franchise or renewal thereof granted hereunder the Grantee receives refunds, or if the cost of operation to the Grantee is reduced as a result of an order of any regulatory body having competent jurisdiction; the Grantee shall pass on to its subscribers on a prorated basis any such savings or reduced costs on a basis to be determined by the City Council. (7) Rate Change Procedures. (a) Freeze on Initial Rates. The Grantee shall not file an application for an increase in fees, rates or charges until twenty-four (24) months have expired from the time the Grantee has been determined to have commenced operation or from date franchise is granted, whichever is later, except to seek relief from the imposition of any Federal, State or local taxes, or other legally imposed fees not contemplated in the original rate determinations. (b) Limitation on Application for Increase in Rates. The Grantee shall not file more than one (1) application for an increase in fees, rates or charges during any calendar year except to seek relief from the imposition of Federal, State or local taxes, or other legally imposed fees not contemplated in the most recent rate determination. (c) Review of Rates. The Broadband Telecom- munications Commission shall review the Grantee's schedule of fees, rates or charges upon application by the Grantee as herein provided, or at any time on its own motion. The commission shall submit such schedule and any contemplated modifications thereof, together with its recommendations, to the City Council as expressed in such a resolution. The City Council may reduce, or increase such fees, rates or charges adopted for this purpose and no change in the Grantee's schedule of fees, rates or charges shall be effective without prior action of the Commission and the approval of the Council. 141caonuae0 BY 1 DORM MICR+LAB (TDAR MPIP, • 11MOIIVrS i IAICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUIhE), IU+lN ORD. 078-2917 No such resolution shall be adopted Page 44 without prior public notice and opportun- ity for all interested members of the public, including the Grantee, to be heard, subject to the procedures set forth in Section (3) hereof. No change in rates shall take effect until thirty (30) days after the approval of the rates by the City Council. (d) Documentation of Request for Increase. Any increase requests, in addition to other factors described in this section, shall be supported by a showing of increased costs for the existing services or proposed services, and shall be filed in two (2) copies with the City Clerk. If a Grantee requests a change, it shall present in detail in writing the statistical basis, in addition to other requirements as set out in this section, for the proposed fee change at least ninety (90) days prior to the proposed effective date. (e) Records to be Made Available. In addi- tion, for the purposes of determining the reasonableness of Grantee fees, rates, or charges, all such information, in accordance with the provisions of Section 14-78(8), shall be made available to the City. (f) Notification of Changes in Regulatory Fees. The Grantee shall provide written notification to the City Council of any changes received in regulatory fees payable by it to any other agency having regulatory jurisdiction over the Gran tee. SECTION 14-77. EDUCATION AND GOVERNMENT CONNECTION TO BROADBAND TELECOMMUNICATIONS NETWORK The Grantee shall provide upon request within the City one connection and monthly service for "basic service" to such public, parochial and nonprofit private schools, the University of Iowa, City and other government buildings and other agencies, provided that such designated locations are within three hundred (300) feet of any network cable route. Initial installation shall be without charge. The rates for monthly service shall be designated by the Grantee in its proposal. Rates MCROFILME0 BY JORM MICR+LAB CIfPAR 1APP M • 9C5 MOIRrs .. i MICRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES •IUINL), i0WA ORD. 1178-2917 for monthly service to residential or living units Page 45 within such entities may be negotiated with each such entity. The Grantee may charge for any excess footage on the basis of time and material for any such locations beyond the three hundred (300) foot limitation if such connection is designated by the City. The City reserves the right for itself and the above entities at their individual expense, to j extend service to as many areas within such schools, buildings and agencies as it deems i desirable without payment of any additional installation fee or monthly fee to Grantee. All such extensions, however, shall be accomplished in such a way so as not to interfere with the operation of the Broadband Telecommunications Network. SECTION 14-78. EXTENSION OF NETWORK (1) Extension Across City Boundaries. Before any j subscriber located in a community other than I! the City of Iowa City or University of Iowa is allowed to connect to the Broadband Tele- communications Network, the Grantee shall be capable of furnishing service to a "substan- tially completed" system for Iowa City resi- dents unless a waiver of this section has been granted by the City Council of the City of Iowa City, Iowa. A written waiver request must be made thirty (30) days before, request- ing an appearance before the City Council. Such waiver request shall clearly state the potential impact of such occurrence on the operations and finances of the Grantee, the costs of such an extension and who is to bear such costs, and any anticipated intercon- nection with such institutions, as defined in Section 14-77 within the area to be served by such network extension. i If permission is granted by other jurisdic- tions the Grantee shall be required to extend the network or cooperate with other Grantees in those jurisdictions to provide service to Institutions listed in Section 14-80 of this ordinance. (2) Extension of Network Within City Boundaries (a) Conditions of Required Extension The Grantee shall at its expense within a reasonable amount of time extend its Broadband Telecommunications Network so as to provide full network service to all residents of: MICROFILMED BY 1 JORM MICR+LAB UPAR RAM', • yrs MornrS I-IiCROFILMED BY JURM MICROLAB CEDAR RAPIDS AND DES MUIIES, iUwti oRD. #78-2917 initiate construction and installation of the Page 47 Broadband Telecommunications Network. Such construction and installation shall be pursued with reasonable diligence. (3) Commencement of Operation. Within twelve (12) months of the effective date of FCC certification, the Grantee shall "commence operation within the meaning set forth in Section 14-61 of this ordinance. (4) Substantial Completion of Construction. Within twenty-four (24) months of the effec- tive date of FCC certification, the Grantee shall have "substantially completed" con- struction of the "service area" within the meaning set forth in Section 14-61 of this ordinance. (5) Provision of Basic Service. Within thirty- six (36) months of the effective date of FCC certification, the Grantee shall have placed in use sufficient distribution facilities so as to offer basic service to one hundred percent (100%) of the dwelling units in the service area, to which access is legally and reasonably available. (6) Delays and Extension of Time. The City Council may in its discretion extend the time for Grantee, acting in good faith, to perform any act required hereunder. The time for performance shall be extended or excused, as the case may be, for any period during which Grantee demonstrates to the satisfaction of the City Council that Grantee is being sub- jected to delay or interruption due to any of the following circumstances if reasonably beyond its control: (a) Necessary s, ole change -outs utoritobtainment geofnteasement rights (b) Governmental or regulatory restrictions (c) Labor strikes (d) Lock outs (e) War MICROMMED BY .� JORM MICR+LAB nDnr. PAPIM •DCS MOVIr..s h4ICROFILMEU BY JORM MICROLAB CEDAR RAPIDS ANU UES MUINLS, ioviA ORD. 078-2917 (f) National emergencies Page 48 (g) Fire (h) Acts of God. j (7) If FCC certification is not required for a franchise granted under this ordinance, all time periods specified in subsections (2), (3), (4), and (5) of this section shall j commence with the effective date of the franchise granted hereunder. SECTION 14-80. NETWORK DESCRIPTION (1) System Bandwidth Capability. The Grantee shall install a cable network according to the following specifications: Initial system designed to a capacity equivalent to a minimum of thirty-five (35) forward 6 MHz channels, 20 MHz for FM signals, 20 MHz for FM signals and four (4) return 6 MHz channels. Capacity shall M be increased as demand for additional channel utilization exceeds this minimum. The Grantee at its option may provide for this increased capacity at the time of initial construction. Whenever a reverse or feedback circuit is routed from a subscriber's premises, it shall be connected so as to permit subscriber notification and subscriber controlled deactivation. 1 As total bi-directional capacity is of a great deal of interest to the City, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two way capabilities than the minimums set forth j herein. However, such proposal shall describe the particular community needs to be served thereby and shall detail, as part of the financial projection and support required in Section 14-69(2)(1) the associated costs and revenues. (2) System Configuration. The Grantee shall design and construct the network in a "hub configuration" in such a way as to provide maximum flexibility, and to service the University of Iowa and other areas. (3) Grantee shall submit proposals to accommodate originator and experimental needs from the following locations as may be designated by the City: I4ICROMMED BY JORM MICR+LAB CEDAR RAPI!1S PFS MOIHCS 14ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINLS, TUNA on. 078-2917 (a) The University of Iowa, Iowa City Page 49 (b) City and County Buildings, three loca- tions, one being the Council Chambers (c) Specified public, parochial and non- profit private schools (d) The public library (e) The main office of the Board of Education (f) Public Access Center. (4) The system shall be designed and constructed in such a manner to prevent or deter invasion of privacy. SECTION 14-81. NETWORK TECHNICAL REQUIREMENTS (1) General Requirements. Each Broadband Telecommunications Network must be so designed, installed and operated as to meet the following general requirements: (a) Capable of continuous twenty-four (24) hours daily operation; (b) Capable of operating over an outdoor temperature range of -40 degrees Fahren- heit to +140 degrees Fahrenheit without catastrophic failure or irreversible performance changes over variations in supply voltages from 105 to 130 volts AC; (c) Capable of meeting all specifications set forth herein over an outdoor temperature range of -10 degrees Fahrenheit to +100 degrees Fahrenheit over variations in supply voltages from 105 to 130 volts AC; (d) Operated in such a manner as to avoid causing interference with reception of off -the -air signals by nonsubscribers to the cable system; (e) Designed, installed and operated so as to comply with all applicable rules and regulations promulgated by the Federal Communications Commission; (f) Designed, installed and operated so as to assure the delivery to all sub - :41CROFILKED BY JORM MICR#LAB CE OhR F:ApIpB • nrs t4011'rS a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINLS, IUnA ORD. 478-2917 scribers of standard color and mono Page 50 chrome signals on the FCC --designated Class I cable television channels without noticeable picture degradation or visible evidence of color distortion or other forms of interference directly attributable to the performance of the Broadband Telecommunications Network. (2) Class I Channel Performance Requirements. The following requirements apply to system performance on the FCC -designated Class I cable television channels as measured at any subscriber terminal with a matched termination: (a) the signal level as measured at the visual carrier frequency for each cable television channel shall not be less than 1,000 (micro- volts) across a 75 ohm terminating impedance. The aural carrier level shall be maintained between 13 and 17 decibels below its associated visual carrier level. (b) The visual carrier signal level on each television channel shall not vary more than twelve (12) decibels within any twenty-four (24) hour period and shall be maintained within: 1. Three (3) decibels of the signal level of any visual carrier within six (6) MHz nominal frequency separation; and 2. Twelve (12) decibels of the visual carrier signal level on any other cable television channel. 3. A maximum level such that signal degradation due to overload in the subscriber's receiver does not occur. (c) Broadband Telecommunications Network frequency response as measured at any subscriber terminal shall not vary by more than t (plus or minus) two (2) db for all frequencies within -0.5 and + 5.45 MHz of the lower band edge fre- quency. i MICROFILMED BY JORM MICR+LAB ! CEDAR RABID' • D6 MOVVE MiICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINES, IUWA ORD. 1178-2917 (d) The corrected ratio of visual signal Page 51 level to system noise shall not be less than forty (40) decibels. This require- ment is applicable only to the following signals: 1. Each off -air signal carried by a Broadband Telecommunications Net- work serving subscribers within the Grade B contour for that signal; or 2. Each off -air signal which is first picked up within its Grade B con- tour; or 3. Each off -air signal which is re- ceived by the cable system via microwave or other similar form of transmission. (e) Cross -modulation as measured at any visual carrier frequency from the cable system input to any subscriber terminal shall not exceed -46 db (as defined by NCTA Standard 002.0267) at a temperature range of -10 degrees to 100 degrees Fahrenheit. (f) The ratio of visual carrier signal level to the RMS amplitude of any coherent disturbances such as intermodulation products, system generated or induced co - channel signals or discrete frequency interferring signals shall not be less than forty-six (46) decibels except for officially assigned offset carriers for which it shall not be less than thirty- six (36) decibels. (g) The terminal isolation between sub- scribers shall not be less than twenty (20) decibels except that the isolation between multi -terminals of one subscriber shall not be less than eighteen (18) decibels. (h) The hum modulation as measured over the usable frequency bandwidth from Broad- band Telecommunications Network input to any subscriber terminal shall not exceed three percent (3%). The percent of hum modulation is defined as the ratio expressed in percent of the average level �• -�� - I41CROFILMED BY ' 1 DORM MICR+LAB• CI'.DAR RAPIDS PES M0INES MICROFILMED BY JORM MICROLAB CEDAk RAPIDS AND ULS MUINL:,, 1WA ORD 1178_2917 of the detected signal to one-half (31) Page 52 the indicated peak AC hum. (i) Radiation from a cable television system shall be in accordance with the limits set forth in Part 76, Section 76.605(a)(12) of the FCC Rules and Regulations. (3) Standards Modified Where Necessary. Notwith- standing the fact that the network may be in compliance with all the standards set forth herein, the City may require a higher level of performance in any area to resolve signal I quality or interference problems. (4) S ecifications for Additional Channels to be Submitted. Proposed specifications for FCC designated Class II, III, and IV channels shall be submitted by the Grantee to and approved by the City as the use of these channels is implemented. (5) In_terconnection With Redistribution Systems. A Grantee shall not interconnect with any distribution or redistribution system that does not meet orexceedthetechnical dards of any sy operated nder sstan- i t SECTION ordinance. 14-82. PERFORMANCE MEASUREMENTS (1) General Requirements. Test procedures used in verification of the performance criteria se forth herein shall be in accordance with good The test procedures engineering practice. specified in Subsection (2) of this section are designed as a guide and should be made system under conditions which reflect during normal system operations. performance As there is more than one technically accept- able method for performing many of the equipment measurements, the technique and in each case if different from those utilized set forth below shall be fully described in the annual certificate filed with the City. (2)Measurements Procedures. All measurements "head of the shall be made from the end" Broadband Telecommunications Network to at least three (3) subscriber locations in each (2) "local distribution system" at least two "worst locations of which shall be case" Measurements shall be (system extremities). made at 75 ohms with the loss of the set Y�..- V� MICROFILMCO BY '1 JORM MICR+LAB LFDAR RAP M0, PCS MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS NUINLS, IUwk ORD #78-2917transformer indicated where applicable for Page 53 each test location. The measurements are to be made as follows: (a) Network frequency response measurements may be made with a calibrated signal generator, variable attenuator and a frequency selective voltmeter (if an accurately calibrated field strength meter is used for the measurements, its ! date of calibration shall be indicated on the technical measurement certificate filed with the City). All television signals except for ALC, AGC, or ASC pilot i carriers may be disconnected during this test. With all automatic gain control amplifiers in the section under test set to their normal operating mode, the ' signal generator shall be connected to the input of the Broadband Telecommunications Network and set for a CW signal at the desired frequency and at the level normally present at that frequency and location. With the meter i and variable attenuator connected in series to the subscriber terminal under test, the signal level shall be measured and recorded. Measurement shall then be made in a similar manner for all video carrier frequencies on the network at the levels normally carried on the network. (b) Network signal-to-noise measurements may i be made in accordance with NCTA Standard 005.0669 or with a calibrated signal generator and frequency selective volt- meter connected as described in Sub- division (a) above. The signal generator shall be tuned, in turn, to the visual carrier frequency of each FCC -designated Class I cable television channel and the signal level at the subscriber terminal recorded. The meter should then be tuned to a frequency 2.5 MHz above the visual carrier frequency of each channel described above and with the signal generator disabled, the indicated noise level recorded and corrected by an appropriate factor representing the ratio of 4 MHz to the noise bandwidth of the frequency selective voltmeter. MICROFILMED BY -.. JORM MICR+LA9 CEDAR PAPM • ars MOVIrF i MILROFILMED BY JORM MICROLAB 1 ORD. #78-2917 (c) Page 54 (d) i (e) I r (f) i i i I i CEDAR RAPIDS AND UES MUINLI), IU +A The network cross -modulation measurement shall be performed in accordance with NCTA Standard 002.0267. The amplitude of the discrete frequency interferences within a cable television channel may be determined with a fre- quency selective voltmeter, calibrated for adequate accuracy. The terminal isolation between any two subscriber terminals may be measured by applying a signal of predetermined amplitude from a signal generator to one terminal in the reverse direction and measuring the amplitude of that signal at the other terminal with a frequency selective voltmeter. The system hum modulation may be meas- ured at each visual carrier frequency on the system using a calibrated signal generator, a detector and an oscillo- scope. The signal generator shall be connected, and the level and frequency set at a predetermined mode with all other channels set at their normal levels. With the detector and oscillo- scope connected to the subscriber ter- minal, the average level of the detected signal and the peak -to -peak AC hum will be indicated on the oscilloscope. The percent of hum modulation for this pur- pose is defined as the ratio, expressed in percent, of the average level of the detected signal to one-half (35) of the indicated peak -to -peak AC hum. (g) Radiation measurements shall be made in accordance with the procedures estat> lished in Part 76, Section 76.609(b)(1) - (b)(5) of the FCC Rules and Regulations. (3) Additional Tests and Inspection. The City reserves the right to: i (a) Require additional tests for cause at specific terminal locations at expense of the Grantee and (b) Conduct its own inspections of the Broadband Telecommunications Network on its own motion at any time during normal I, MICROFILI41D BY JORM MICR+LAB f.E DOR RhPIC� DES 90C+f5 I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLS, U %� ORD. 1178-2917 business hours with reasonable advance Page 55 notice. (4) port of Meurements Combined. To the Reas extent that the report of measurements as required above may be combined with any reports of measurements required by the FCC or other regulatory agencies, the City shall accept such combined reports, provided that all standards and measurements herein or hereafter established by the City are satis- fied. SECTION 14-83. CHANNELS TO BE PROVIDED (1) s Channel. The Grantee shall Public Accesas provide at let one dedicated, noncommercial public access channel, associated production equipment and necessary staff production assistance to be made available for the first five (5) minutes of live production to the public at no charge on a first come - first served nondiscriminatory basis. Hours of availability for use of such channel shall be specified in the application for franchise. The Grantee shall regularly make information available to the public on the availability of / the access channels with their monthly billing. The Grantee shall, in cooperation with the Commission, draft rules for the utilization of access channels. Such rules shall be placed on file with the City Clerk. Except as specified by the FCC, the Grantee shall not censor any programming on the access channels. (2) Education and Government Access Channels. The Grantee shall in addition to Subsection (1) above provide at least one (1) additional channel, for educational and for governmental use. There shall be no charge made to users of these channels by the Grantee, unless this practice is specifically prohibited by FCC Regulations. Any required charges shall be in accordance with a schedule of charges filed and maintained with the City Clerk and approved by the City Council. The Grantee, in cooperation with the Commission, shall draft rules governing use of these channels. Such rules shall be placed on file with the City Clerk. T 't+ r� MICROFILMED BY ' JORM MICR+LA9 CHAR PAJI!^f. • PCS MOlOCS MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND OLS MDINLE , ;OeJtt ORD. 1178-2917 (3) University of Iowa Channels. The Grantee Page 56 shall provide at least one dedicated channel for the exclusive use of the University of Iowa at the University's discretion. Use of this channel will be either (a) at no charge, and operated under rules for educational access or (b) operated under a leased channel agreement negotiated with the Grantee. (4) Additional Channels. Whenever any of the channels as set forth in Subsections one (1), two (2) or three (3) are in use during 80% of the weekdays (Monday through Friday) for 80% of the time during any consecutive three hour period for six consecutive weeks, the Grantee shall make an additional channel available for the same purpose. (5) Production Costs on Access Channels. The Grantee shall not be responsible for the production costs of programs prepared for transmission (other than for brief live studio presentations not exceeding five (5) minutes) over the channels as set forth in Subsection (1) above other than as the Grantee may elect to do so. A schedule of rates for production and origination charges shall be filed with the City Clerk. Such rates shall reflect actual cost incurred by the Grantee. However, there shall be no charges or fees for play back of pre-recorded material on the public access channel. (6) Leased Access Channel. The Grantee shall maintain at least one specifically designated channel for leased access uses. In addition, other portions of its nonbroadcast bandwidth, including unused portions of the specially designated channels, shall be available for leased uses. On at least one of the leased channels, priority shall be given to part-time users. (7) Local Origination Channel. The Grantee shall provide at least one channel fully devoted to local origination programming. The Grantee shall, in determining the use of this channel, consider any recommendations of the commission and general public. (8) Time and Weather Programming. The Grantee shall provide time and weather programming. 141CROPI MED BY JORM MjCR+LAB CP DRR R.1P !Pf. 7C5 mows i' PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS HW NL:,, !JvJ1 ORD. 1178-2917 (9) Television Broadcast Signal Carriage. The Page 57 Grantee shall carry those television broadcast signals which are in accordance with Part 76, Section 76.63 of the FCC Rules and Regulations. The provision of additional television broadcast signals as provided for in Part 76, Section 76.63(a) shall also be required. The City is also interested in at least one additional television station broadcasting predominately in a non-English language. (10) FM Signal Carriage. In addition to the television signals set forth in Subsection 9 above the Grantee shall carry as a minimum the FM radio stations whose normal broadcast ranges fall within the City limits and all carrier current stations originating within Johnson County. If the Grantee elects to carry any AM station, all AM stations licensed to Iowa City must therefore be carried. In addition, the Grantee shall provide for inclusion of a leased audio channel services according to their adopted rate schedule. (11) Basic Service. Channels to be included on the first 12 channels not requiring a convertor or other such appurtenance shall include: all television signals described in subsections one (1), two (2), three (3), seven (7) and nine (9) of this section. As the maximized use of the total channel capacity is of a great deal of interest to the city, applicants for a franchise hereunder may submit proposals to utilize channels beyond the basic twelve (12). Such a proposal may include the use of convertors at no additional charge to subscribers. (12) Emergency Alert Override. The Grantee shall incorporate into its facilities the capabi- lity for an emergency override audio alert whereby a designee of the City, in times of crisis, may introduce an audio message on all Broadband Telecommunications Network appro- priate channels simultaneously. The Grantee shall provide, in a location to be designated by the City, all equipment necessary for use of the emergency alert system. SECTION 14-84. CONSTRUCTION STANDARDS (1) Compliance With Safety Codes. All construc- tion practices shall be in accordance with all MICROMMED BY JORM MICR+LAD CCOAP. I?A('ID: DCS MOINCS 0, i 1,1ICROFILME0 BY DORM MICROLAB • CEDAR RAPIDS AND ULS MUINLS, iUvJA ORD. 1178-2917 applicable sections of the Occupational Safety Page 58 and Health Act of 1970 and any amendments thereto as well as all Federal, State and local codes where applicable and with the National Electric Safety Code. (2) Compliance With Electrical Codes. All in- stallation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the applicable sections of the j municipal electrical ordinance and all State and local codes where applicable. (3) Antennas and Towers. Antenna supporting structures (towers) shall be designed for the proper loading zone as specified in Elec- tronics Industry Association's R.S.-22-C Specifications. (4)Compliance With Aviation Requirements. Antenna supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aeronautical Agency, the State Aeronautics Board governing the erection and operation of supporting structures or television towers, and all other applicable local or State codes and regulations. SECTION 14-85. CONDITIONS OF STREET OCCUPANCY (1) Approval of Proposed Construction. A Grantee shall first obtain the approval of the City prior to commencing construction on the streets, alleys, public grounds or places of the City. Applications for approval of construction shall be in a form provided by the City. (2) Excavation Permits. A Grantee shall not open distu or rb the surface of any street, side- walk, driveway, or public place for any purpose without first having obtained a permit to do so in the manner provided by ordinance. All excavation shall be coordinated with other utility excavation or construction so as to minimize disruption to the public. (3) Changes Required by Public Improvements. A Grantee shall, at its expense, protect, support, temporarily disconnect, relocate in other public place, any property of the Grantee when required by the City by reason of traffic conditions, public safety, street 141CROHL1410 BY JORM MICR+LA9 CEDAR P.IIP ID'. Ofi ;40111[.`. hIILROFILMED BY JORM MICROLAB I • CEDAR RAPIDS AND UES MUINLS, ;U411 ORD 1178-2917 vacation, street construction, change or Page 59 establishment of street grade, installation of sewers, drains, water pipes, City -owned power or signal lines, and tracts or any other type of structure or improvement by public agencies. (4) Use of Existing Pales or Conduits. Nothing in this ordinance or any franchise granted hereunder, shall authorize the Grantee to erect and maintain in the City, new poles where existing poles are servicing the area. The Grantee shall require permission from the City before erecting any new nces les,wheunder- ground conduit or app none exist at the time the Grantee seeks to install its network. (5) Facilities not to be Hazardous or Interfere. All wires, conduits, cables and other property and facilities of the Grantee shall be so located, constructed, installed and main- tained as not to endanger or unnecessarily interfere with the usual and customary trade, traffic and travel upon the streets and public places of the City. The Grantee shall keep and maintain all its property in good condition, order and repair. The City re- serves the right hereunder to inspect and examine at any reasonable time and upon reasonable notice the property owned or used, in part or in whole by the Grantee. The Grantee shall keep accurate maps and records of all its facilities and furnish copies of such maps and records as requested by the City under Section 14-72 herein. A Grantee shall not place poles or other equipment where they will interfere with the rights or reasonable convenience of adjoining property owners, or with any gas, electric, or telephone fixtures or with any water hydrants or mains. All poles or other fixtures placed in a street shall be placed in the right-of-way between the roadway and the property, as specified by the City. (6) Method of Installation. All wires, cables, amplifiers and other property shall be con- structed and installed in an orderly and in a manner consistent with the trade. All cables and wires shall be installed parallel with existing telephone and electric wires whenever possible. Multiple cable configurations shall be arranged in parrallel and bundled, with due 7 I4ICROF IL14E0 BY JORM MICROLAB CDAR RAI'VIc - PE4 1401!I1S I' MILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND ULS MUINL�), iuw ORD. 1178-2917 respect for engineering and safety Page 60 considerations. All installations shall be underground in those areas of the City where public utilities providing telephone and electric service are underground at the time of installation. In areas where telephone or electric utility facilities are aboveground at the time of installation, the Grantee may install its service aboveground provided that at such time as those facilities are required to be placed underground by the City or are placed underground, the Grantee shall likewise place its services underground without additional cost to the City or to the resi- dents of the City other than as may be granted l under the provisions of Section 14-76. (7) Protection of Facilities. Nothing contained in this section shall relieve any person, company or corporation from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee's facilities while performing any work connected with grading, regrading, or changing the line of any street or public place or with the construction or reconstruction of any sewer or water system. i (8) Notice of City Improvements. The City shall i give the Grantee reasonable notice of plans for street improvements where paving or resurfacing of a permanent nature is involved. The notice shall contain the nature and character of the improvements, the streets 3 upon which the improvements are to be made, the extent of the improvements and the work i schedule for the project. The notice shall give the Grantee sufficient time to make any additions, alterations, or repairs to its facilities as it deems necessary in advance of the actual commencement of the work, so as to permit the Grantee to maintain continuity of service. (9) Requests for Removal or Change. The Grantee shall, on the request of any person holding a building moving permit, temporarily raise or lower its wires to permit the moving of said building. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than ten (10) working { 141CROFILMED BY JORM MICR¢LAB CrilAR RAPT)' ?C$ MOIIRS i 141CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MUINLS, IUN,; ORD, 1178-2917 days notice of any move contemplated to Page 61 arrange for temporary wire changes. (10) Authority to Trim Trees. The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and i other 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 is to be done under the I supervision and direction of the City after the explicit, prior written notification and approval of the City and at the expense of the Grantee. The Grantee may contract for such services, however, any firm or individual so i retained shall receive City approval prior to commencing such activity. (11) Restoration or Reimbursement. In the event of disturbance of any street or private property by the Grantee, it shall, at its own expense and in a manner approved by the City and the owner, replace and restore such street or private property in as good a condition as before the work causing such disturbance was done. In the event the Grantee fails to perform such replacement or restoration the City or the owner shall have the right to do so at the sole expense of the Grantee. Payment to the City or owner for such replacement or restoration shall be immediate, upon demand, by the Grantee. All requests for replacement or restoring of such streets or private property as may have been disturbed must be in iii writing to the Grantee. i (12) Office and Records in City. The Grantee shall at all times make and keep at an office maintained by the Grantee in the City, full and complete plans and records showing the exact location of all Broadband Telecom- munications Network equipment installed or in use in the streets or other public places of the City. The Grantee shall furnish the City a current map or set of maps, drawn to scale, showing all Broadband Telecommunications Network equipment installed and in place in streets and other public places of the City. (13) Emergency Removal of Plant. If, at any time, in case of fire or disaster in the City, it shall become necessary in the reasonable judgement of the City to cut or move any of the wires, cables, amplifiers, appliances, or :41CROFIL14C0 BY DORM MICR+LAB 6fMR RAPIDS • 'IrS MORILS 14ILROFILrIED BY JORM NICROLAB CEDAR RAPIDS AND UES HW NE), IUvL; ORD. 1178-2917 appurtenances thereto of the Grantee, such Page 62 cutting or moving may be done and any repairs rendered necessary therby shall be made by the Grantee, at its sole expense provided that such repairs are not necessitated by negligent act of the City, in which case, cost for repairs shall be borne by the City. j (14) Alternate Routing of Plant. In the event continued use of a street is denied to the Grantee by the City for any reason, the Grantee will make every reasonable effort to jprovide service over alternate routes. i SECTION 14-86. INTERCONNECTION 1 (1) No Prohibition of Interconnection. Nothing in this ordinance shall be construed so as to prohibit the Grantee from interconnecting its network with other similar contiguous networks either in the City or in other municipalities, counties or states except as the provisions of i Section 14-78 apply. However, any revenues derived therefrom shall be equitably allocated in the calculation of "annual gross revenues" as set forth in Section 14-73 herein. (2) Study Required for Interconnection. The Grantee shall, if requested by the City, i conduct a technical and economic feasibility study of any interconnection requested by the City. The study shall be presented to the City and in the event that the study shows such interconnection to be feasible, the Grantee shall, if so instructed by the City, accomplish said interconnection. In the event that the study indicates technical feasibility only, the City may elect, but at its sole discretion, to arrange for compensation to be paid to the Grantee, in an amount sufficient to assure an economic "break even" by the Grantee and so order the interconnection. SECTION 14-87. UNAUTHORIZED CONNECTIONS OR MODI- FICATIONS (1) Unauthorized Connections Prohibited. It shall be unlawful for any firm, person, group, company, corporation, or governmental body or agency, without the expressed consent of the Grantee, to make any connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, MICROFILM BY JORM MICR+LAB CEMR f!pPln' PR A019FS r4ICROFILMED BY JORM MICROLAB on. 1178-2917 Page 63 CEDAR RAPIDS AND UES NUINE'�, with or to any segment of a franchised Broadband Telecommunications Network for any purpose whatsoever, except as provided in Section 14-77 herein. (2) Removal or Destruction Prohibitd It groupl be unlawful for any firm, person, company, corporation, or government body or agency to willfully interfere, tamper, rement ver obstruct or damage any part, content of a franchised Broadband Telecom- munications Network for any purpose ever. (3) Violation. Any firm, person, group, company, corporation, or governmental body or agency convicted of a violation of this section shall for each offense, forfeit a sum of not more than one hundred dollars ($1o0) together with costs of such prosecution. Violation of this section shall be considered a separate offense for each twenty-four (24) hour period the violation continues following notification or discovery. SECTION 14-86. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED (1) The Grantee shall not committ any of the following employment practices and agrees to prohibit the following practices in any contracts or subcontract entered into to effectuate the operation of this franchise. (a) To discharge from employment or refuse to hire any individual because of their creed,race, color, religion, national origin, age, disability, mari- tal status, or sexual orientation. (b) To discriminate against any rivi individual in of terms, conditions, or employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. In addition to the above, the Grantee shall comply with all applicable State, Federal, and municipal laws concerning discriminatory and unfair practices. (2) Services to be Equally Available. The Gran- tee shall not refuse cable television service 14ICROEILME0 BY { JORM MIC R+LA9 CEILIR RM!nc.. pCS :401HE5 MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MWL5, i0v+M ORD. 1178-2917 to any person or organization who requests Page 64 such service for lawful purpose, nor shall a company refuse any person or organization the right to cablecast pursuant to provisions of this ordinance. The company shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any unreasonable preference or advan- tage, nor subject any person to any prejudice or disadvantage. The company shall take affirmative steps to disseminate the infor- mation concerning the availability of its services to all minority and other under- represented goups. This provision shall not be deemed to prohibit promotional campaigns to i stimulate subscription to the system or other legitimate uses thereof; nor shall it be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifications shall be entitled, provided such schedules have been filed with and approved by the City as provided in Section 14-76. (3) Fairness of Accessibility. The entire system of the Grantee shall be operated in a manner consistent with the principle of fairness and equal accessibility of its facilities, equip- ment, channels, studios, and other services to all citizens, businesses, public agencies, or other entities having a legitimate use for the system; and no one shall be arbitrarily excluded from its use; allocation of use of said facilities shall be made according to the rules or decisions of regulatory agencies affecting the same, and where such rules or decisions are not effective to resolve a dispute between conflicting users or potential users, the matter shall be submitted for resolution by the Broadband Telecommuni- cations Network Commission. SECTION 14-89. SUBSCRIBER PRIVACY (1) It shall be unlawful for any firm, person, group, company, corporation, or governmental body to initiate or use any form, procedure or device for monitoring or procuring information or data generated from or by cable subscribers' terminals, without prior written valid authorization from each subscriber so affected. Valid authorization shall mean written approval from the subscriber for a -�ty.•t.• Ln CROMMEO BY •. DORM MICR#LAB C[PAI? IInPI�¢. �F.S 401'd1S t,jjL, 0FILMED BY JORM MICROLAB CEDAR RAPIUS AIIU ULS MUINk::,, luvih ORD. 1178-2917 period of time not to exceed one (1) year and Page 65 shall not have been obtained from the sub- scriber as a condition of service. Further, it shall be unlawful for a Grantee, without such authorization, to activate and/or utilize any "Class IV Cable Television Channel" in any manner from the subscribers' premises. In any case the subscriber shall retain the right to deactivate his/her terminal. Nothing herein shall prevent the Grantee from monitoring for technical integrity. This subsection shall not prevent authorized individuals from obtaining information pursuant to a valid court order. (2) Subscriber Data. The City, or a Grantee, or any person shall not, without prior written valid authorization from each subscriber so affected, provide any data identifying or designating subscribers, this shall include but not be limited to subscriber lists. Any data so authorized will be made available to the authorizing subscriber in understandable fashion. (3) Subscriber Agreements. Any agreement or contract such as is necessary for subsection (1) and (2) above shall not be part of any other contract or agreement and shall not be a condition of subscribing to the system. (4) Violations. Any firm, person, group, company, corporation, or governmental body or agency convicted of a violation of this section shall for each offense, forfeit a sum of not more than one hundred dollars ($100) together with costs of such prosecution. Violation of this section shall be considered a separate offense for each twenty-four (24) hour period the violation continues following notification or discovery. SECTION 14-90. TRANSFER (1) Consent Prior to Transfer of Franchise. Any franchise granted hereunder shall be a priv- ilege to be held for the benefit of the public by the Grantee. Said franchise cannot in any event, be sold, transferred, leased, assigned or disposed of in whole or part, either by forced or voluntary sale, merger, consolidation, mortgage, trust, receivership or any other means without the prior consent of the City expressed by a Council resolution 141CROFILMED BY JORM MICR+LAE1 CEDAR RAPIDS • DfS'401'115 MICROFILMED BY JORM MICROLAB ORD. 678-2917 Page 66 CEDAR RAPIDS AND ULS MUINLS, 1UNA and then only under such conditions as the Council may establish. (2) Consent Prior to Change of Control. Prior approval of the City Council shall be required where ownership or control of more than three percent (3%) of the voting stock of Grantee is acquired by a person or group of persons acting in concert, none of whom already owns or controls three percent (3%) or more of such right of control, singly or collectively. Transfer from a subsidiary to a parent corporation or vice -versa shall not be considered as a change of control. Prior approval of the City Council shall also be required for all changes in ownership or control by a person or group of persons acting in concert, who already own or control three percent (3%) or more of such right of control, singly or collectively. (3) Mortgage or Pledge of Network. Nothing in this ordinance shall be deemed to prohibit the mortgage or the pledge of the network or any part thereof. However, any such mortgage or pledge shall be subject to and subordinate to the right of the City under this franchise or applicable laws. SECTION 14-91. PUBLICATION COSTS The Grantee shall assume the cost of publication of the franchise ordinance as such publication is required by law. A bill for the publication costs shall be presented to the Grantee by the City upon the Grantee's filing of acceptance and shall be paid at that time. SECTION 14-92. ORDINANCES REPEALED All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 14-93. SEPARABILITY If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or word shall be deemed a separate, distinct and independent provision and such holding shall not affect the vailidity of the remaining portions hereof. 4- •�''. y 141CROFILnEO BY JORM MICR¢L.AB (Enna RMIDS, - n15 MOVIES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS NWNE), i0eiA ORD. 1178-2917 SECTION III. EFFECTIVE DATE. This Ordinance Page 67 shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 22nndd day of August, 1978. MAYOR ATTEST: CITY CLERK It was moved by Roberts and seconded by Balmer that the Ordinance as read -be adopted and uponroTT call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First Consideration 7/25/78 Vote for passage. Ayes�eProsse, Erdahl, Perret, Roberts, Vevera, Balmer. Nays: None. Absent: Neuhauser. (As modified) Second Consideration 8/8/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Perret, Roberts. Nays: None. Absent: Neuhauser. Date of publication 9/26/78 r 141CROFIL1410 BY JORM MICR+LAB �f CFDAR PAPIDS • DCS M0114B 0 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS NWNE), i0eiA ORD. 1178-2917 SECTION III. EFFECTIVE DATE. This Ordinance Page 67 shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 22nndd day of August, 1978. MAYOR ATTEST: CITY CLERK It was moved by Roberts and seconded by Balmer that the Ordinance as read -be adopted and uponroTT call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera First Consideration 7/25/78 Vote for passage. Ayes�eProsse, Erdahl, Perret, Roberts, Vevera, Balmer. Nays: None. Absent: Neuhauser. (As modified) Second Consideration 8/8/78 Vote for passage: Ayes: Vevera, Balmer, deProsse, Erdahl, Perret, Roberts. Nays: None. Absent: Neuhauser. Date of publication 9/26/78 r 141CROFIL1410 BY JORM MICR+LAB �f CFDAR PAPIDS • DCS M0114B 0 14ICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS NUINLj, IuwA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO, 77-2829, THE ORDINANCE ESTABLISHING THE RESOURCES CONSERVATION COMMISSION FOR THE CITY OF IOWA CITY, IOWA, BY EXPANDING THE MEMBERSHIP OF THE RESOURCES CONSER- VATION COMMISSION TO INCLUDE FOUR (4) ADVISORY, MEMBERS. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF 'IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this ordinance is to expand the membership of the Resources Conservation Commission to include four (4) advisory members, in order to facilitate compre- hensive energy and resources conservation policy- making and cooperation between the'City Council, City staff, and the Resources Conservation Com- mission. SECTION II. AMENDMENT. Section III of Ordinance 77-2829 is hereby repealed and the following language is hereby substituted therefore: The Resources Conservation Commission shall consist of seven (7) members to be appointed by the City Council. In considering the appointments, the Council shall endeavor to maintain a commission membership of at least four'(4) persons who by training, education, experience, or demonstrated interest, are knowledgeable in matters pertaining to energy use and conservation. All members of the Commission shall be qualified electors of the City of Iowa City, Iowa, and shall serve as members of the Commission without compensation except for any expenses deemed reasonable and budgeted by the Council. In addition the Director of Housing and Inspection, Services, the Director of Parks and Recreation, the Director of Public Works, and one (1) City, Council member, to be appointed by the Council, shall serve as advisory members of the Resources Conservation Commission. SECTION III. REPEALER. Section III of Ordinance 77-2829 and all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. 141CRDf ILMCD BY JORM MICR+LAB CCMAR PANDt pf5 MDI'lf.5 MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MUINES, 10WA Ordinance No. Page 2 i SECTION IV. SAVINGS CLAUSE. If any section, provisions, or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ord- inance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this MAYOR J ATTEST: CITY CLERK .�I i ti - I Il MICROFIL14EO BY JORM MICR+LAB MAP RAPI05 • SCS MOMES MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND UES MWILS, !U'AA Ordinance No. Page 3 It was moved by and seconded by that'the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer' deProsse Erdahl Neuhauser Perret Roberts Vevera First consideration Vote for passage: Second consideration Vote for passage: RECEIVED & APPROVED TWEN / BY Tr j4EG $'DI (s g T tMICROFILMEO BY ,:i.0 I JORM MICR+LA13 ! CEDAP RAPIDS • DES MOVIES Y i i i n. i i j i I It was moved by and seconded by that'the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer' deProsse Erdahl Neuhauser Perret Roberts Vevera First consideration Vote for passage: Second consideration Vote for passage: RECEIVED & APPROVED TWEN / BY Tr j4EG $'DI (s g T tMICROFILMEO BY ,:i.0 I JORM MICR+LA13 ! CEDAP RAPIDS • DES MOVIES Y