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HomeMy WebLinkAbout1979-03-20 Ordinance'ORDINANCE NO. 79-2947 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING ARTICLE V SENIOR CENTER COMMISSION TO CHAPTER 25, PARKS AND RECREATION. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purpose of this ordinance is to provide for the establishment of a Senior Center Commission which will serve as an advisory body to the City Council. SECTION 2. AMENDMENT. The code of ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following: ARTICLE V. SENIOR CENTER COMMISSION Sec. 25-60 (a) The Senior Center Commission shall consist of five (5) members, who are appointed by the City Council. (b) All members shall be qualified electors of the City and shall serve without compensation except for reimbursable expenses. Sec. 25-61. Terms. The term of office of each member shall be three (3) years commencing on January 1 of the year of appointment. Initial appointments shall be made for terms of one (1) to three (3) years in the following manner: 2 members to be appointed for 3 years 2 members to be appointed for 2 years 1 members to be appointed for 1 year Sec. 25-62. Staff Assistance and Information. The City Manager is authorized to take whatever administrative action is necessary to provide the staff assistance and information necessary to aid the Commission in the performance of its duties. 7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES 577 • I t 1 I i • I t I I i ti p"aINANCE N0. 79-2947 1 2 2 Sec. 25-63. Duties and Powers. The duties of the Senior Center Commission shall be as follows: (1) To serve in an advisory role to the City Council with regard to the needs of the senior center. (2) To make recommendations with regard to policies and programs at the senior center. (3) To join staff and other interested persons in seeking adequate financial resources for the operation of the senior center. (4) To encourage full participation by senior citizens in the programs of the senior center. (5) To ensure that the senior center is effectively integrated into the community and cooperates with organizations with common goals in meeting the needs of senior citizens. (6) To serve in an advocacy role with regard to the needs of senior citizens in Iowa City. (7) To assist City Manager in evaluation of personnel. The Commission shall have the following powers: (1) To make recommendations with regard to the allocation of space in the senior center to various agencies and organizations. (2) To make recommendations with regard to the acceptance and utilization of gifts. (3) To make recommendations with regard to policies, rules, ordinances and budgets which affect the programs and services of the senior center. (4) To present an annual report of senior center activities and accomplishments to the City Council. y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES IIOIIIES O' NANCE NO. 79-2947 P,.,,e 3 Sec. 25-64. Organization of Commission Business. (a) By-laws. The Commission may draft by- laws to assist in their implementation of this chapter. (b) Agenda. The chairperson or a designated staff member shall prepare an agenda for all regular Commission meetings. The agenda shall be sent to the members and the media at least three days prior to regular meetings. (c) Minutes. Minutes of all regular meetings shall be distributed to all Commission members, the City Council, City Manager and the Director of Parks and Recreation Department within two weeks after a meeting. Sec. 25-65. Committees and Advisory Groups. (a) The Commission is authorized to establish committees. The by-laws of the Commission shall outline their duties, composition and term. (b) The Commission is authorized to create and appoint advisory groups to make studies and to disseminate information on all of its activities. Such groups shall serve without compensation. SECTION 3 REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance 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. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect afteritsfinal passage, approval and publication as required by law. 7 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NEs 0 rINANCE N0. 79-2947 ,e 4 7 MICROFILMED DY c 1 JORM MICROLAB CEDAR RAPIDS -DES MOINES C 'NANCE NO. 79-2947 P_,e 5 z It was moved by Balmer and seconded by Perret that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Moved by Balmer, seconded by Perret, that the rule requiring i ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second considera- tion and vote be waived, and the ordinance be voted upon for final passage at this time. Ayes: Erdahl, Neuhauser, Perret, Roberts, Vevera, Balmer, deProsse. Nays: none. •� 1 i Date of publication March 28, 1979 _i i i, i i i i RECAIVED S A�PRO/Wp BY TI .�. I MICROFILMED BY . JORM MICROLAB CEDAR RAPIDS -DES MOINES I SENIOR CENTER COORDINATOR DESCRIPTION Program Coordinator under administrative direction of City Manager manages the operation of the Senior Center, supervises its staff, and coordinates budget and funding and performs other related duties. Develops supportive working relationships with and confidence of senior citizens and groups. Develops a broad diversified program of activities and services for the elderly; recommends programs to meet the needs of the elderly, and carries out approved programs; meets with interested groups and individuals to promote Senior Center programs; hires and supervises the work of employees; arranges for the proper maintenance and operation of the Senior Center; interprets Senior Center activities to other departments and to the community; prepares an annual budget, obtains funds and controls expenditures; maintains records and prepares reports; evaluates Senior Center programs and operation; establishes and maintains relationships with area funding bodies; establishes and maintains relationships with service providing agencies; coordinates agency services into the total Center program. 1 JOB SPECIFICATIONS Education and Experience; Any combination of education and experience to demonstrate ability to work effectively with senior citizens and administer a multi- faceted community senior center with a preference for graduation from college in a related field and five years of increasingly i responsible experience, including two years of administrative experience. Knowledge and Abilities: Ability to establish and maintain good working relationships with boards and commissions, individuals and particularly with senior citizens; knowledge of the philosophy, principles, and techniques of planning and supervising a Senior Center; knowledge of the facilities, equipment, and services needed in a broad Senior Center program; knowledge of community organizations and resources; knowledge of the latest developments and concepts related to operation of a Senior Center; ability to analyze needs and to adapt a program to its particular requirements; skill in selecting, training, and supervising personnel; ability to write letters and prepare reports. i MICROFILMED BY 7 JORM MICROLAB CEDAR RAPIDS•DES MOINES ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING ARTICLE V SENIOR CENTER COMMISSION TO CHAPTER 25, PARKS AND RECREATION. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION 1. PURPOSE. The purppse of this ordinance is to provide for the establishment of a Senior Center Commission which will serve as an advisory body to the City Cquncil. SECTION 2. AMENDMENT. The code of ordinances of the City of Iowa City, Iowa, is hereby amended by adding the following: ARTICLE V. SENIOR CENTER COMMISSION Sec. 25-60 (a) The Senior Center Commission shall consist of seven (7) members, who are appoint d by1`the City Council. (b) All members shall be qualified electors of the City and shall serve without compensation except for reimbursable expenses. / Sec. 25-61. Terms. The term of office of each member shall be three (3) years com- mencing on January V of the year of appointment. Initial appointments shall be made for terms of one (1) to three (3) years in the following manner: 3 members to be appointed for 3 years \ 2 members to be appointed for 2 years \ 2 members to be appointed for 1 year Sec. 25-62. Staff Assistance and Information. The City Manager is authorized to take whatever administrative action is necessary to provide the staff assistance and information necessary to aid the Commission in the performance of its duties. Sec. 25-63. Duties and Powers. The duties of the Senior Center Commission shall be as follows: (1) To serve in an advisory role to the City Council with regard to the needs of the senior center. i MICROFILMED BY ' JORM MICROLAB CEDAR RAPIDS -DES MOINES ORDINANCE NO. Page 2 i •. (-/,,; ., (2) To make recommendations with regard to policies and programs at the senior center. (3) To join staff and other interested persons in seeking adequate financial resources for the operation of the senior center. (4) To encourage full participation by senior citizens in the programs of the senior center. (5) To ensure that the senior center is effectively integrated into the community and cooperates with organizations with common goals in meeting the needs of senior citizens. (6) To serve in an advocacy role with regard to the needs of senior citizens in Iowa City. The Commission shall have the following powers: (1) To make recommendations with regard to the allocation of space in the senior center to various agencies and organizations. (2) To make recommendations with regard to the acceptance and utilization of gifts. 1 (3) To make recommendations with regard to policies, rules, ordinances and budgets which affect the programs and services of the;senior center. i (4) To present aq'annual report of senior center activities and accomplishments to the City Council. Sec. 25-64. Organization of Commission Business. (a) By-laws. The Commission may ,draft by-laws to assist in their implementation of this chapter. (b) Agenda. The chairperson or adesignated staff member sha1T prepare e.,7 rr^ula for all regular Commission meetings. The agenda shall be sent to the members and the media at least three days prior toregular meetings. (c) Minutes. Minutes of all regular meetings shall be distributed to all Commission members, the City Council, /City Manager and the Director of Parks and Recreation i Department within two weeks after a meeting. Sec. 25-65. Committees and Advisory Groups. (a) The Commission is authorized to establish committees. 1 The by-laws of the Commission shall outline their duties, composition and term. (b) The Commission is authorized to create and appoint advisory grous to make studies and to disseminate information on all of its activities. Such groups shall serve without compensation. 7 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I ORDINANCE NO Page 3 (b) The Commission is authorized to create and appoint advisory groups to make studies and to disseminate information on all of its activities. Such groups shall serve without compensation. SECTION 3 REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. y provision or part of the If SECTION 4. SEVERABILITY. an section; be adjudged to be invalid or unconstitutional, such Ordinance shall adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this i MAYOR 1 1 ATTEST: C TY CLE KI [ / and seconded by It was moved by that the Ordinance as read be adopted and upon roll call there were: % AYES: NAYS: ABSENT: BALMER SE ERDAHL RDAHL NEUHAUSER PERRET ROBERTS f / — VEVERA First consideration Vote for passage: i Second consideration Vote for passage: i RECEIVED h APPROVED BY THE LEGAL DEPARTMENT LL.» r71C MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 170111[5 ORDINANCF. NO. 79-2948 AN ORDINANCE CLOSING 'FHE EASTERN TERMINUS OF MELROSE COURT 'IO h1C'R)R VEHICULAR TRAFFIC FE01 MYRTLE AVENUE BY PLACING A 7RAEFIC ISLAND DIRECI7.Y I%Sr OF GRFIN%DM DRIVE ON MYRTLE AVENUE 13E IT ORDAINM By THE OaWIL OF THE CITY OF IOIVA CITY, IOWA. SFX TION I. PURPOSE. The purpose of this ordinance is to prevent motor vehicle access to the eastern teiminus of Melrose Court from Myrtle Avenue by placing a traffic island directly west of Greenwood Drive on ,Myrtle Avenue. WI0N 2. DIRECTION TO CITY 'TRAFFIC E[�YiINEER. city traffic engineer is hereby directed to close the eastern terminus of Melrose Court to motor vehicular traffic from Myrtle Avenue by placing a traffic island directly nest of Greenwood Drive on Myrtle Avenue. SECTION 3. RlTEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. S11 TION 4. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 20th day of March 1979. MAYOR ATIT,Sr: < ITY CI-J!EK T MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RrCEIVED.& L°FSC"'r.•D. IXGLL ,�19 z . i i i � 1 ORDINANCF. NO. 79-2948 AN ORDINANCE CLOSING 'FHE EASTERN TERMINUS OF MELROSE COURT 'IO h1C'R)R VEHICULAR TRAFFIC FE01 MYRTLE AVENUE BY PLACING A 7RAEFIC ISLAND DIRECI7.Y I%Sr OF GRFIN%DM DRIVE ON MYRTLE AVENUE 13E IT ORDAINM By THE OaWIL OF THE CITY OF IOIVA CITY, IOWA. SFX TION I. PURPOSE. The purpose of this ordinance is to prevent motor vehicle access to the eastern teiminus of Melrose Court from Myrtle Avenue by placing a traffic island directly west of Greenwood Drive on ,Myrtle Avenue. WI0N 2. DIRECTION TO CITY 'TRAFFIC E[�YiINEER. city traffic engineer is hereby directed to close the eastern terminus of Melrose Court to motor vehicular traffic from Myrtle Avenue by placing a traffic island directly nest of Greenwood Drive on Myrtle Avenue. SECTION 3. RlTEALER. All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. S11 TION 4. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and adopted this 20th day of March 1979. MAYOR ATIT,Sr: < ITY CI-J!EK T MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RrCEIVED.& L°FSC"'r.•D. IXGLL ,�19 z . i Ordinance No. 79-2948 Page 2. �`1 � r> i i i; ORDINANCE NO. AN ORDINANCE CLOSING MYRTLE A Z E TO THROUGH TRAIT -IC BY PLACING TRAFFIC ISLAND {VEST OF GREEN{' DRIVE ON MYRTLE AVENUE IL OF THE BE IT ORDAINED BY THE- CM NI[CITY OF IOWA CITY, IC SECTION 1. PURPOSE: TV ordinance is to close through traffic by pi ci island west o=I01N ood Avenue. SECTION 2. D TO The City traffi engineer purpose of the rtle Avenue to ng a traffic Drive on Myrtle to closeMyrt Avenue to through vehicular traffic by p cing a t affic island in the traveled piion of Myr Avenue west of Greenwood rive. \\ SECTION . REPEALER: All o dinances and parts)6f ordinances in confl ct with the Prov' ions of this ordinance ,e hereby SECTION 4. EF=- IVE DATE: This brdinance ,-shall be in effect after its final Vassage, approval and publication as required by law. / Passed and adopted this clay of 1979. ATTEST: CITY CLERK MAYOR RECEIVED & APFFTfM Bjg� LEGAL(9T"l9� MICROFILMED BY 7 JORM MICROLAB CEDAR RAPIDS -DES 1401NES i; i i� i ORDINANCE NO. AN ORDINANCE CLOSING MYRTLE A Z E TO THROUGH TRAIT -IC BY PLACING TRAFFIC ISLAND {VEST OF GREEN{' DRIVE ON MYRTLE AVENUE IL OF THE BE IT ORDAINED BY THE- CM NI[CITY OF IOWA CITY, IC SECTION 1. PURPOSE: TV ordinance is to close through traffic by pi ci island west o=I01N ood Avenue. SECTION 2. D TO The City traffi engineer purpose of the rtle Avenue to ng a traffic Drive on Myrtle to closeMyrt Avenue to through vehicular traffic by p cing a t affic island in the traveled piion of Myr Avenue west of Greenwood rive. \\ SECTION . REPEALER: All o dinances and parts)6f ordinances in confl ct with the Prov' ions of this ordinance ,e hereby SECTION 4. EF=- IVE DATE: This brdinance ,-shall be in effect after its final Vassage, approval and publication as required by law. / Passed and adopted this clay of 1979. ATTEST: CITY CLERK MAYOR RECEIVED & APFFTfM Bjg� LEGAL(9T"l9� MICROFILMED BY 7 JORM MICROLAB CEDAR RAPIDS -DES 1401NES 1—,7 aCrur�t' f a�A,rl,A,/J fi{F,rlAl-r, I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Al \arc, CLc: SU/.'E I (ORDINANCE NO. 79-2949 AN ORDINANCE AWARDING A FRANCHISE FOR CABLE TELEVISION TO HAWKEYE CABLEVISION CORPORATION SECTION I. PURPOSE. The purpose of this ordinance Ts to award a franchise for cable television to Hawkeye CableVision Corporation, SECTION II. ENACTMENT. Hawkeye CableVision Corporation Is hereby granted a non-exclusive franchise to operate a broadband telecommunications system within the City of Iowa City in accordance with Ordinance N78-2917 of Iowa City which established standards, regulations and procedures for the granting of a broadband telecommunications franchise and the rules and regulations adopted by the Iowa City Broadband Telecommunications Commission, all ordinances of the City of Iowa City and all applicable rules and regulations of the Federal Communications Commission and the State of Iowa. SECTION III. DURATION OF _FRANCHISThe franchise shall continue in full force and effect for a term of fifteen (15) years from its effective date. SECTION IV. EFFECTIVE DATE. This ordinance shall not become finally effective until the grantee files an acceptance in writing with the City Council of Iowa City and payment of the costs as provided in Ordinance #78-2917. SECTION V. ONANCES REPEALED. All ordinances or parts oRDI f ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance 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. Passed and adopted this 20day of March, 1979. it AYOR ATTEST: 1r,% CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 6-81 I Ord. No. 79-2949 It was moved by Balmer and Page 2 seconded by dgProssp that the Ordinance be adopted, and upon roll call there were: ' AYES: NAYS: ABSENT: x Balmer ll x deProsse x Erdahl x Neuhauser x Perret x Roberts i x Vevera i First consideration 3/6/79 Vote for passage: _Wy_e_s-_ffe_uTiauser, Perret, Vevera, ! Balmer, deProsse, Erdahl. Nays: none. Absent: Roberts. Second consideration 3/13/79 Vote for passage: Ayes: Balmer, deProsse, Erdahl, Neuhauser, Perret, Vevera. Nays: none. Absent: Roberts. Date of publication Mares 1479 RECEIVED & ApPROVED HY THE LEGAL DEPARTmWT V-1-5; - i 1 i f i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DES MOINES A1eedl Cl r llUlltll�O1)11)!L ;I,i//:R/(';I,V H.LE1'ISIUN A ('O,t1,t9UNIC.OTIUNSCURPORATION ATC l 201NVERNESS PLACE EAST • ENGLEWOOD. COLORADO Sol 12 • PHONE 1303)77]•]411 MICHAEL J. MCCRUDDEN sr"'w Ver hr6Wn, April 11, 1979 City Council City of Iowa City 410 East 'Washington St. Iowa City, IA 52240 Members of the Council: h E t'p I , a.BBIE STOLFUS CITY CLERK 9206 Hawkeye Cablevision Corporation unconditionally accepts Iowa City Ordinance 79-2949, awarding a franchise for cable television to Hawkeye Cablevision Corporation. Enclosed find the following documents, which complete our acceptance as required by Ordinance 78-2917, Section 14-70: a) Certificate of Insurance. b) Performance Bond for $500,000, P 1�F,ep c) Check for $30,000 as a security fund, as provided in Section 14-15 (4).a1� d) Check for $23,746.40, as final payment for all city franchise costs, including publication of Ordinance. The payment of costs is based on a letter of March 30, 1979, from Rosemary Vitosh, Director of Finance, Iowa City, as amended by telephone conversations on April 10 and 11, between FIs. Vitosh and Michael Kruger of ATC. All official notices regarding the franchise should be sent to Hawkeye at the following address: 20 Inverness Place East Englewood, Colorddo 00112 We believe this completes our acceptance of the franchise, We are honored to have been chosen, and look forviard to the future. j Sincerely, STATE OF COLORADO ) ss COUNTY OF ARAPAHOE ) This 16th day of April before me personally YJtI/J d) appear Michael J. McCrudden who swears that Enclosures: he has executed the above matter and has L subscribed his sign relin my presence. I 01 Notary .. j Notary Public My commission expires 10/4/8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES _ i I A1eedl Cl r llUlltll�O1)11)!L ;I,i//:R/(';I,V H.LE1'ISIUN A ('O,t1,t9UNIC.OTIUNSCURPORATION ATC l 201NVERNESS PLACE EAST • ENGLEWOOD. COLORADO Sol 12 • PHONE 1303)77]•]411 MICHAEL J. MCCRUDDEN sr"'w Ver hr6Wn, April 11, 1979 City Council City of Iowa City 410 East 'Washington St. Iowa City, IA 52240 Members of the Council: h E t'p I , a.BBIE STOLFUS CITY CLERK 9206 Hawkeye Cablevision Corporation unconditionally accepts Iowa City Ordinance 79-2949, awarding a franchise for cable television to Hawkeye Cablevision Corporation. Enclosed find the following documents, which complete our acceptance as required by Ordinance 78-2917, Section 14-70: a) Certificate of Insurance. b) Performance Bond for $500,000, P 1�F,ep c) Check for $30,000 as a security fund, as provided in Section 14-15 (4).a1� d) Check for $23,746.40, as final payment for all city franchise costs, including publication of Ordinance. The payment of costs is based on a letter of March 30, 1979, from Rosemary Vitosh, Director of Finance, Iowa City, as amended by telephone conversations on April 10 and 11, between FIs. Vitosh and Michael Kruger of ATC. All official notices regarding the franchise should be sent to Hawkeye at the following address: 20 Inverness Place East Englewood, Colorddo 00112 We believe this completes our acceptance of the franchise, We are honored to have been chosen, and look forviard to the future. j Sincerely, STATE OF COLORADO ) ss COUNTY OF ARAPAHOE ) This 16th day of April before me personally YJtI/J d) appear Michael J. McCrudden who swears that Enclosures: he has executed the above matter and has L subscribed his sign relin my presence. I 01 Notary .. j Notary Public My commission expires 10/4/8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES i \,,�► ► r O� CIVIC CENTER 410 E WASI-IING1i1N ST April 23, 1979 Meet,. , i I�o(,s OWA CITY IOWA h 11 y IOWA 52240 (319) 354.1800 Mr. Michael WCrudden Senior Vice-president American 'IV & Conml. Corp. 20 Inverness place Gast Inglewood, CO 80112 War Mr. McCrudden: 'The City of Iowa City has received and deposited the two checks issued by your company in accordance with the franchise agreement between the American 'Television and Conmlunications Corporation and the City of Iowa City. On April 23, 1979, a baulk certificate of deposit in the amount of $30,000 at an interest rate of 8% was purchased. Tluis certificate will be renewed on an annual basis as long as the money remains on deposit with an accounting of all interest earned. Please contact me at 354-1800, extension 225, if you have any questions. Sincerely, /)ez. 'Lc.c yam -(—i Nancy Beaton City Treasurer j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 KA• CNIC CENTER AIDE. WASHINGTON S7. Q 1 e4p�%/ K#1 IOWA CITY. IOWA 52210 319-354-11300 March 23, 1979 Plr. R. Michael Kruger, Division Manager Western Operations American Television & Communications Corp. 20 Inverness Place East Englewood, Colorado 80110 Dear Mr. Kruger: At their meeting on March 20th, 1979, the Iowa City Council adopted Ordinance No. 79-2949, a copy of which is attached, awarding the franchise for cable television to Ilawkeye Cablevision Corporation. In Section IV, please note that the ordinance will not be finally effective until you file an acceptance in writing with the City Clerk, and have paid costs as provided in Ordinance 78-2917. The Finance Department will be providing you with a statement of costs. If you have any questions, please call 354-1800 Ext. 211, (Clerk) or Est. 221 (Finance Director). Yours very truly, Abbie Stolfus, CMC City Clerk CC/Elliott Full p - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES C7 I { r I I I KA• CNIC CENTER AIDE. WASHINGTON S7. Q 1 e4p�%/ K#1 IOWA CITY. IOWA 52210 319-354-11300 March 23, 1979 Plr. R. Michael Kruger, Division Manager Western Operations American Television & Communications Corp. 20 Inverness Place East Englewood, Colorado 80110 Dear Mr. Kruger: At their meeting on March 20th, 1979, the Iowa City Council adopted Ordinance No. 79-2949, a copy of which is attached, awarding the franchise for cable television to Ilawkeye Cablevision Corporation. In Section IV, please note that the ordinance will not be finally effective until you file an acceptance in writing with the City Clerk, and have paid costs as provided in Ordinance 78-2917. The Finance Department will be providing you with a statement of costs. If you have any questions, please call 354-1800 Ext. 211, (Clerk) or Est. 221 (Finance Director). Yours very truly, Abbie Stolfus, CMC City Clerk CC/Elliott Full p - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES C7 E .111MMIATCI)HIMP I— AMERICAN TELEVISION & COMMUNICATIONS CORPORATION 20 INVERNESS PLACE EAST • ENGLEWOOD, COLORADO 80110 • PHONE (303) 7733411 February 26, 1979 Mr. Heal Berlin City Manager City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 FEB 2 8 1979 9126 FILE E197UJ FB? £l 9 AB£lE 5701_'r L' CITY CLERK Dear Mr. Berlin This letter is in response to your letter of February 6 regarding clarification of several matters on the Iowa City CATV franchise. Apparently due to winter 1 weather, I did not receive your letter until February 14; I apologize for the delays. I will provide a response in approximately the same format as was i contained in your letter, Single -Tier Service j We believe the intent of the ordinance requirement for carriage of certain programs on the first 12 channels is to ensure that if a two-tier service is offered, certain services will be available to subscribers on both tiers. We did not propose a two-tier service for City residents. Our proposal to the University also was only single -tier service. It is possible the University may decide to request two-tier service, but they have not yet done so. The programming line-up which we have proposed would, in our opinion, maximize the value of a 12 -channel system on the University. However, we understand that the University and the City may not agree with our value judgments. Accordingly, if the University decides to install 12 -channel service, we will work with both the University and the City to arrive at a mutually agreeable programming line-up. We believe that such a line-up might not necessarily be that which is envisioned in the ordinance, or that which is provided in our proposal. If necessary, we will provide up to $5,000 for signal processing equipment at the University headend to permit limited reprocessing of signals to deliver a channel line-up for the University slightly different from the City line-up. Listing of Services As noted above, we have proposed a single -tier service at this time. Vie have enclosed a photocopy of our proposal Form K, page 6, which lists the program- ming services to be offered. "X" -rated movies ATC/Hawkeye will not purchase, or otherwise obtain, via Home Box Office or independently, any film or videotape carrying an HPAA "X" rating. We will not MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES Mr. Neal Berlin - 2 - 9126 February 26, 1979 condone the display of obscene material on any channel, and will comply with all FCC regulations on program content. The problem of censorship on the access channels must be discussed promptly by the Broadband Telecommunications Commission. Special Services A. C -Span coverage will be provided on initial activation, assuming it is available via satellite. Present plans call for C -Span to be distributed beginning in spring, 1979. B. Talking Books. This is a special FM radio service provided by others in the Iowa City area. Non -cabled home listeners must purchase a special FM decoder. For our service, we will provide the decoder at our headend, and will carry the programming as audio on channel 1. This service will be provided at initial activation on the same basis as it is available to all other users in Iowa City. 1 C. Foreign Language Programming. The proposal narrative, Form J, page 10, states that we will obtain tapes of foreign language programming for display on the local origination channel, or on channel 25. This service will be available at approximately the same time as local origination commences. It is not now feasible to provide satellite delivery of foreign language program- ming. We would need to install a second earth station, and there would be an additional monthly fee of about 11Q per subscriber to purchase foreign language programming. At such time as satellite delivery of foreign language programming becomes less expensive, or we are permitted a compensatory rate increase by the City, we would be able to provide additional foreign language jj programming. D. Medical Services. The narrative, Form J, page 11, indicates that the j medical programming channel will be a joint venture between Hawkeye and the University hospitals and the Iowa City medical community. After our local origination director is on site, and has established the basic access/ origination program, he will devote a substantial portion of his time to developing the medical programming joint venture. The channel will be available for use from system activation, but we do not anticipate that there will be substantial medical programming on the channel for several months. E. Calliope. In the proposal, and during hearings, we indicated we would carry children's programming from initial activation. In recent weeks, we have learned that a new service, Nickelodeon, may be a source of superior childrens' programming. If that is so, we will provide Nickelodeon in lieu of Calliope. Nonetheless, childrens' programming will be available from activation. Program Revisions There are two types of programming decisions which must be discussed. First, changes to the proposal channel line-up, and second, changes to the special satellite programming and videotape material which we indicated would be carried on our local origination channel. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Meal Berlin - 3 - 9126 !bruary 26, 1979 the istedrequired ourythe oriance, proposal,nForm K, without priormake consent ofchanges theocity.services aarn of new programming possibilities, they will be discussed with the oadband Telecommunications Commission. The discussion would include content F the programming offered, scheduling, and the terms and conditions under rich we would be prepared to offer the proposed new services. ie proposal lists several satellite programming services which we intend to irry on the local origination channel, or additional channels as necessary. At presentthese categories include sports (Madison Square Garden), congress- ional cover, age (C -Span), and childrens' programming (Calliope). Because the variety of programming in these categories is changing rapidly, and because additional categories of programming are expected in the coming months, we must retain the flexibility to substitute equal or better programming in all of the above categories, and to add new categories at our option. You will recall that our proposal was written in such a fashion as to give us this flexibility. Nonetheless, the specific categories of satellite services mentioned above will be provided on our local origination channel for as long as they are available via satellite. In considering changes to programming in any category, we will obviously review programming content, scheduling, and cost. We continue to feel that marketplace demand for services, and the prospect of selling additional subscribers with added programming, will remain i the best method of ensuring that we offer quality satellite programming services on our local origination channel. Two -Way Capacity Our proposal indicated that we would activate reverse capacity from subscriber drops when feasible. This reverse capacity will be used to operate feasible areprepared "two-way"businesses offer esuch suchanew servicesinIowaor ata City,mweI communications. throughwe experiment the technical and economic viability of these servces. These experiments may be conducted in other markets, or in Iowa City. Technical feasibility of these new services will have to be established as they are developed, but would generally be considered to have been proven once the system operates successfully for a period of one or two years without continu- ing technical changes. Economic feasibility would be determined by the ability of the business to return a 13% to 17% return on our equity investment. Return on equity is obviously a function of subscriber levels, capital costs, and operating expenses. The experimental projects which we will undertake will also be designed to collect data on these factors. Unless a new service is capable of returning at least a M -17o return on equity, either other sub- scribers or Hawkeye would be giving a "subsidy" to recipients of the new service. Such a situation would not be equitable to either the other sub- scribers, or to Hawkeye. The final decision to activate a new two-way business rests solely with Hawkeye. It is extremely difficult for us to discuss at this time exactly how we will thereois aactivating business opportunity,iweswillin lwantowa ctoyoffervthesserviceuas' if broadly as possible. You should note that ATC moved rapidly to implement Pay Telwasevision proven.inThelits same willets as likelysbenas truethe in futureinewyof this businesses. business MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MORTES Mr. Weal Berlin - 4 - 9126 February 26, 1979 Additional Origination Points Our proposal, narrative Form J, page 19, indicated that additional bi- directional capacity would be activated when live origination needs warrant additional activation. We would be willing to activate reverse from addi- tional school locations if the school location in question is able to demonstrate that it has a viable live origination program. The program would include formal commitment from some recognized source to fund and staff the program for at least one year, and to provide origination equipment (unless a suitable schedule can be worked out to use access equipment). The origination program would have to be on a regular basis --at least twice per month --and a reason for live origination would have to be established. For example, live cablecasting of junior high school sports might be appropriate, but live cable - casting of a "news magazine" show would not be appropriate. The latter could be done easily on the same day or following day using videotape. Bi-directional capacity from private facilities would have to be arranged under the terms of a channel lease. Details would be worked out with the prospective lessee. Interim Facilities I generally agree with the statement in your letter regarding interim facilities, except for the sentence which reads, "It is the intent of the ordinance that your offices be located in a central location and that the main access studio be in a downtown location." The ordinance, section 14-67, provides only that our offices and studios be located within the City limits. Ile did state in our proposal, Form L, page 1, that the main local origination studio would be in the library, or in our offices located near City center. We are attempting to locate a combination office/studio facility in the downtown area, and are seriously discussing at least one possible location. (I would prefer to not name this location in correspondence which will be made available to the public.) If we are successful, we will equip this studio with all the equip- ment listed in Form L, page 1 and continuation. When the new library facility is completed, this equipment will be transferred to the new library. The studio equipment listed in Form L, page 3, may also be incorporated into our interim studio. but in any event will be installed when the main studio gear is moved to the library. If we are unable to obtain a permanent combination office/studio in a conven- ient downtown location, we will be forced to obtain an office location some- where else inside the City limits. In that event, we would make all reasonable efforts to locate an interim studio in a downtown location until the library is ready, This studio would obtain the equipment listed on Form L, page 1. The access equipment listed on Form L, page 3, would be set up in our office facility, as listed in the proposal. Matching Grants The proposed starting dates which you outline in your letter are acceptable. The Commission may select the starting date based on its own criteria. lie ask only that the two years be contiguous. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES Hr. Heal Berlin - 5 - 9126 February 26, 1979 Training and Promotion In conversations during the hearings, the City indicated a desire to begin access training as early as possible. I agreed to have the Local Origination Director employed and working approximately 90 days prior to system activation, and to have some portable gear available. The prime function of the Director during this pre -activation period would be training, promotion, and organiza- tion of the access/origination effort. I stand behind this commitment. Program Advisory Group Apparently there has been some misunderstanding proposal. In Form J, page 27, we proposed that group to deal solely with the access programming the problems which you mentioned in your letter, already proposed exactly what you seek. Scheduling, Use of Facilities, Etc. about the content of our the City establish an advisory effort. We recognize many of and for those reasons we have The company will administer the facilities and access channels as you outline, in accordance with policies established by the program advisory group and subject to the content of our proposal. In some cases, we may determine that a program may be suitable for cablecasting on either an access channel or the local origination channel. In that event, Hawkeye will seek the program producer's permission to carry the programming on the origination channel, and we will discuss directly with the producer how the programming would be carried. Final choice would, of course, be the producer's. Public Access Procedures The main access/origination studio will be staffed 40 hours per week by Hawkeye Cable Vision with the equivalent of three full-time people. Hours of operation will be optimum with many evening and some weekend hours scheduled, as mutually agreed upon by Hawkeye and users. Weekend work will, of course, be subject to our ability to obtain staff willing to work on weekends at normal rates. Free production assistance will be provided to public, educa- tional and government users within the regular hours established provided that no single user exceeds 40 hours equipment use in a given month, and provided total assistance given is within our budgeted provision of three full-time people. In the event of conflict in scheduling these resources, the program advisory group will provide policy guidance. If usage by any user is in excess of that mentioned previously, Hawkeye Cable Vision's rate structure will then apply. City Equipment We will install a portable remote keyboard in the City Administration Build- ing at approximately the time of system activation. Training and documenta- tion will be provided. The emergency alert system as described in our proposal, Form J, page 12, will also be installed and explained to the appropriate City personnel at approximately the time of system activation. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 61r. Neal Berlin - 6 - 9126 February 26, 1979 Document Scanning The document scanning equipment and a modulator will be installed in the old library at approximately the time of system activation. The equipment will be relocated to the new library at an appropriate time. Library Access Facilities_ The statement in your letter regarding our relationship with the library is essentially correct. I might add that we have agreed to wire desired library drops to approximately 20 or 30 locations, provided we are given access to open walls at an appropriate time, and provided we are able to use standard CAN construction practices in the wiring of such drops. If the architect or Iowa City building codes impose additional burdensome or expensive construction practices, we will be forced to limit our provision of prewiring. However, we anticipate being able to work out this problem with the library in the coming weeks. Other Communities We anticipate offering the same services to the residents of Coralville and University Heights as we will be offering in Iowa City. The details of the franchise ordinance have not yet been worked out with these jurisdictions. We will be operating an integral system, and at this time do not intend to allocate costs or establish differential rates for basic services in each individual city. The greater the number of subscribers involved in sharing the cost of shared facilities, the lower the rates for all. We do not believe that nonresidents can be barred from the company's access studio. This facility will be owned and operated at Hawkeye s expense. There is no cost to the City for this facility, and no reimbursement is necessary. As long as the access needs of Iowa City residents are met, it is not proper to prohibit outside users. Indeed, FCC regulations do not permit us to discriminate on any basis with respect to access use. j We recognize that the library studio is somewhat different from our studio because the library is providing us building space in exchange for several thousand dollars of internal wiring, equipment, etc. However, we do not think the City should restrict nonresident usage, or force Hawkeye to collect a "tax" for such use. Nonresidents can already use the library on a walk-in basis; we believe access to the studio should be similar, as long as Iowa City residents have sufficient use of the facilities to fulfill their production needs. Certainly the occasional nonresident user will not create additional costs to the City, although Hawkeye will incur some costs. Since the City would not likely restrict distinguished programmers from out-of-state, we do not think nearby programming sources can be arbitrarily restricted. We are aware of the long-standing problems of shared services in the metro- politan area. However, we want to point out that use of studio facilities is substantially different from use of, for example, a tennis court. 11 -le own and operate the studios and there is no cost to the City or residents, assuming MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MMOINES lir. Neal Berlin - 7 - 9126 February 26, 1979 i subscriber charges are uniform. All residents benefit from programs produced by outside residents. In the case of a tennis court, Iowa City bears the cost, and does not benefit from nonresident use. Cablecasting is an opportunity to bring the community together, and we hope that the metropolitan area is able to use it accordingly to solve area -wide problems. Any restriction on non- resident use may deprive the area of valuable programming resources. i We hope this letter answers satisfactorily all the questions you posed. We look forward to franchise award so that we can begin construction preparation. Sincerely, J� i R. Michael Kruger Division Manager Western Operations ! i RfIK/vkp 1 Enclosure cc: Robert Pepper I Connie Tiffany I Elliott Full +j Gene Claussen i I i I I i T MICRDFILMED BY ' JORM MICROLAB CEDAR RAPIDS•DES IIOINES SDWIARY OF CHANNEL ALLOCATIONS On the chart below, briefly describe the designated allocation of each channel on the proposed systex (e.g., KKYZ-TV, Ch. 7, ABC; 24 -hr. sports, autowted; educational access; CBN; Pay, 1100; etc.). Indicate with an asterisk (•) any channel(s) that will not be activated or available initially. 1 2 3 4 5 6 7 8 9 LO Ut2 PrograA W4112 University WR S-44 Wca1 Tine/ *&&M / Sports Hire KCFC,9 HGW9 National 1i_12 :wdde/ CaUr Vdlla Origination Chicago Origination Weather Cada r Rapid, Cedar Ra Chicago Nkmrlre Talking Dook CRS ircicpmdent Data/ NOC ABC Iowa city for tha YPAA AWio ( Blind (2) (3) (4) 5) (6) (7) (8) (9) (30) (11) 12) (13) 13 14 15 16 17 le 19 20 21 22 23 24 Dose Caaasdty WW -6 Public Yae£-4 Govenmsnt Christian Library NabAuk :lo scan Pinsdnl Weatter 0 x Office Bullet.ln Davenport Aocm/ Pads Aocess/ Broad- Cherry Pira: News tkmwim War Doom/ NW OYmknity Island Data casting Des !nines Shgvinl PWllatin (in Network 6 Moline 8 (Aside Dvrd/ (ADC) Slopping Guide (A) (B) (C) (0) (R) R') GI 100 1) (j) K) W 25 26 27 20 2'g 10 11 32 33 34 35 Iksuned - State gy1natlonal lease Reserved - R�rvud - 1wical Reserved - Reserved - Reserved - Reserved - Fnruign Newsnirs Axt;ss Cignal Future ?erre Channel Private Private Private . Private Language 14VIIcaticn, Appucat!m rease lease la>ase lamas lMt (N) (Ot (p) (EN I (R) IS) I (T) IM IM H) Hue audio "Emevgnncy Alert" 01i all cbarmele. e Y i i - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES m 0 .IIIIMII IMMIP AMERICAN TELEVISION & COMMUNICATIONS CORPORATION 20 INVERNESS PLACE EAST • ENGLEWOOD, COLORADO 80110 • PHONE (303) 7733411 February 26, 1979 Mr. Heal Berlin City Manager City of Iowa City Civic Center 410 East 'Washington Street Iowa City, Iowa 52240 Dear Mr. Berlin FCQ 2 8 1979 9126 FEP'� t3 1i 79 AIGrI✓I_I L J ar ci fy CLER-i This letter is in response to your letter of February 6 regarding clarification of several matters on the Iowa City CATV franchise. Apparently due to winter weather, I did not receive your letter until February 14; I apologize for the delays. I will provide a response in approximately the same format as was contained in your letter. Single -Tier Service We believe the intent of the ordinance requirement for carriage of certain programs on the first 12 channels is to ensure that if a two-tier service is offered, certain services will be available to subscribers on both tiers. We did not propose a two-tier service for City residents. Our proposal to the University also was only single -tier service. It is possible the University may decide to request two-tier service, but they have not yet done so. The programming line-up which we have proposed would, in our opinion, maximize the value of a 12 -channel system on the University. However, we understand that the University and the City may not agree with our value judgments. Accordingly, if the University decides to install 12 -channel service, we will work with both the University and the City to arrive at a mutually agreeable programming line-up. We believe that such a line-up might not necessarily be that which is envisioned in the ordinance, or that which is provided in our proposal. If necessary, we will provide up to $5,000 for signal processing equipment at the University headend to permit limited reprocessing of signals to deliver a channel line-up for the University slightly different from the City line-up. Listing of Services As noted above, we have proposed a single -tier service at this time. He have enclosed a photocopy of our proposal Form K, page 6, which lists the program- ming services to be offered. "X" -rated movies ATC/Hawkeye will not purchase, or otherwise obtain, via Home Box Office or independently, any film or videotape carrying an (IPAA "X" rating. He will not s MICROFILMED BY JORM MICROLAB CEDAR RAPIDS,DES MOINES t J .IIIIMII IMMIP AMERICAN TELEVISION & COMMUNICATIONS CORPORATION 20 INVERNESS PLACE EAST • ENGLEWOOD, COLORADO 80110 • PHONE (303) 7733411 February 26, 1979 Mr. Heal Berlin City Manager City of Iowa City Civic Center 410 East 'Washington Street Iowa City, Iowa 52240 Dear Mr. Berlin FCQ 2 8 1979 9126 FEP'� t3 1i 79 AIGrI✓I_I L J ar ci fy CLER-i This letter is in response to your letter of February 6 regarding clarification of several matters on the Iowa City CATV franchise. Apparently due to winter weather, I did not receive your letter until February 14; I apologize for the delays. I will provide a response in approximately the same format as was contained in your letter. Single -Tier Service We believe the intent of the ordinance requirement for carriage of certain programs on the first 12 channels is to ensure that if a two-tier service is offered, certain services will be available to subscribers on both tiers. We did not propose a two-tier service for City residents. Our proposal to the University also was only single -tier service. It is possible the University may decide to request two-tier service, but they have not yet done so. The programming line-up which we have proposed would, in our opinion, maximize the value of a 12 -channel system on the University. However, we understand that the University and the City may not agree with our value judgments. Accordingly, if the University decides to install 12 -channel service, we will work with both the University and the City to arrive at a mutually agreeable programming line-up. We believe that such a line-up might not necessarily be that which is envisioned in the ordinance, or that which is provided in our proposal. If necessary, we will provide up to $5,000 for signal processing equipment at the University headend to permit limited reprocessing of signals to deliver a channel line-up for the University slightly different from the City line-up. Listing of Services As noted above, we have proposed a single -tier service at this time. He have enclosed a photocopy of our proposal Form K, page 6, which lists the program- ming services to be offered. "X" -rated movies ATC/Hawkeye will not purchase, or otherwise obtain, via Home Box Office or independently, any film or videotape carrying an (IPAA "X" rating. He will not s MICROFILMED BY JORM MICROLAB CEDAR RAPIDS,DES MOINES Mr. Neal Berlin - 2 - 9126 February 26, 1979 condone the display of obscene material on any channel, and will comply with all FCC regulations on program content. The problem of censorship on the access channels must be discussed promptly by the Broadband Telecommunications Commission. Special Services A. C -Span coverage will be provided on initial activation, assuming it is available via satellite. Present plans call for C -Span to be distributed beginning in spring, 1979. B. Talking Books. This is a special FM radio service provided by others in the Iowa City area. Non -cabled home listeners must purchase a special FM decoder. For our service, we will provide the decoder at our headend, and will carry the programming as audio on channel 1. This service will be provided at initial activation on the same basis as it is available to all other users in Iowa City. C. Foreign Language Programming. The proposal narrative, Form J, page 10, states that we will obtain tapes of foreign language programming for display on the local origination channel, or on channel 25. This service will be 1 available at approximately the same time as local origination commences. It is not now feasible to provide satellite delivery of foreign language program- ming. We would need to install a second earth station, and there would be an additional monthly fee of about 11th per subscriber to purchase foreign language programming. At such time as satellite delivery of foreign language programming becomes less expensive, or we are permitted a compensatory rate increase by the City, we would be able to provide additional foreign language programming. D. Medical Services. The narrative, Form J, page 11, indicates that the medical programming channel will be a joint venture between Hawkeye and the University hospitals and the Iowa City medical community. After our local origination director is on site, and has established the basic access/ origination program, he will devote a substantial portion of his time to developing the medical programming joint venture. The channel will be available for use from system activation, but we do not anticipate that there will be substantial medical programming on the channel for several months. E. Calliope. In the proposal, and during hearings, we indicated we would carry children's programming from initial activation. In recent weeks, we have learned that a new service, Nickelodeon, may be a source of superior childrens' programming. If that is so, we will provide Nickelodeon in lieu of Calliope. Nonetheless, childrens' programming will be available from activation. Program Revisions There are two types of programming decisions which must be discussed. First, changes to the proposal channel line-up, and second, changes to the special satellite programming and videotape material which we indicated would be carried on our local origination channel. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES Mr. Heal Berlin - 3 - 9126 February 26, 1979 As required by the ordinance, we will not make any changes to the services listed in our proposal, Form K, without prior consent of the City. As we learn of new programming possibilities, they will be discussed with the Broadband Telecommunications Commission. The discussion would include content of the programming offered, scheduling, and the terms and conditions under which vie would be prepared to offer the proposed new services. The proposal lists several satellite programming services which we intend to carry on the local origination channel, or additional channels as necessary. At present, these categories include sports (Madison Square Garden), congress- ional coverage (C -Span), and childrens' programming (Calliope). Because the variety of programming in these categories is changing rapidly, and because additional categories of programming are expected in the coming months, we must retain the flexibility to substitute equal or better programming in all of the above categories, and to add new categories at our option. You will recall that our proposal was written in such a fashion as to give us this flexibility. Nonetheless, the specific categories of satellite services mentioned above will be provided on our local origination channel for as long as they are available via satellite. In considering changes to programming in any category, we will obviously review programming content, scheduling, and cost. We continue to feel that marketplace demand for services, and the prospect of selling additional subscribers with added programming, will remain the best method of ensuring that we offer quality satellite programming services on our local origination channel. Two -Way Capacity Our proposal indicated that we would activate reverse capacity from subscriber drops when feasible. This reverse capacity will be used to operate feasible "two-way" businesses such as home security or data communications. Before we are prepared to offer such new services in Iowa City, we will prove through experiment the technical and economic viability of these services. These experiments nay be conducted in other markets, or in Iowa City. Technical feasibility of these new services will have to be established as they are developed, but would generally be considered to have been proven once the system operates successfully for a period of one or two years without continu- ing technical changes. Economic feasibility would be determined by the ability of the business to return a 13% to 17% return on our equity investment. Return on equity is obviously a function of subscriber levels, capital costs, and operating expenses. The experimental projects which we will undertake will also be designed to collect data on these factors. Unless a new service is capable of returning at least a 13%-17% return on equity, either other sub- scribers or Hawkeye would be giving a "subsidy" to recipients of the new service. Such a situation would not be equitable to either the other sub- scribers, or to Hawkeye. The final decision to activate a new two-way business rests solely with Hawkeye. It is extremely difficult for us to discuss at this time exactly how we will go about activating new two-way services in Iowa City. Obviously, though, if there is a new business opportunity, we will want to offer the service as broadly as possible. You should note that ATC moved rapidly to implement Pay Television in all its markets as soon as the feasibility of this new business was proven. The same will likely be true in future new businesses. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIm[S Mr. Neal Berlin - 4 - 9126 February 26, 1979 Additional Origination Points Our proposal, narrative Form J, page 19, indicated that additional bi- directional capacity would be activated when live origination needs warrant additional activation. We would be willing to activate reverse from addi- tional school locations if the school location in question is able to demonstrate that it has a viable live origination program. The program would include formal commitment from some recognized source to fund and staff the program for at least one year, and to provide origination equipment (unless a suitable schedule can be worked out to use access equipment). The origination program would have to be on a regular basis --at least twice per month --and a reason for live origination would have to be established. For example, live cablecasting of junior high school sports might be appropriate, but live cable - casting of a "news magazine" show would not be appropriate. The latter could be done easily on the same day or following day using videotape. i Bi-directional capacity from private facilities would have to be arranged under the terms of a channel lease. Details would be worked out with the prospective lessee. I Interim Facilities I generally agree with the statement in your letter regarding interim facilities, except for the sentence which reads, "It is the intent of the ordinance that your offices be located in a central location and that the main access studio be in a downtown location." The ordinance, section 14-67, provides only that our offices and studios be located within the City limits. We did state in our proposal, Form L, page 1, that the main local origination studio would be in the library, or in our offices located near City center. We are attempting to locate a combination office/studio facility in the downtown area, and are seriously discussing at least one possible location. (I would prefer to not name this location in correspondence which will be made available to the public.) If we are successful, we will equip this studio with all the equip- ment listed in Form L, page i and continuation. When the new library facility is completed, this equipment will be transferred to the new library. The studio equipment listed in Form L, page 3, may also be incorporated into our interim studio, but in any event will be installed when the main studio gear is moved to the library. If we are unable to obtain a permanent combination office/studio in a conven- ient downtown location, we will be forced to obtain an office location some- where else inside the City limits. In that event, we would make all reasonable efforts to locate an interim studio in a downtown location until the library is ready. This studio would obtain the equipment listed on Form L, page 1. I The access equipment listed on Form L, page 3, would be set up in our office facility, as listed in the proposal. Matching Grants The proposed starting dates which you outline in your letter are acceptable. The Commission may select the starting date based on its own criteria. We ask only that the two years be contiguous. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OLS IIOIIIES Mr. Meal Berlin - 5 - 9126 February 26, 1979 Training and Promotion In conversations during the hearings, the City indicated a desire to begin access training as early as possible. I agreed to have the Local Origination Director employed and working approximately 90 days prior to system activation, and to have some portable gear available. The prime function of the Director during this pre -activation period would be training, promotion, and organiza- tion of the access/origination effort. I stand behind this commitment. Program Advisory Group Apparently there has been some misunderstanding proposal. In Form J, page 27, we proposed that group to deal solely with the access programming the problems which you mentioned in your letter, already proposed exactly what you seek. Scheduling, Use of Facilities, Etc. about the content of our the City establish an advisory effort. We recognize many of and for those reasons we have The company will administer the facilities and access channels as you outline, in accordance with policies established by the program advisory group and subject to the content of our proposal. In some cases, we may determine that a program may be suitable for cablecasting on either an access channel or the local origination channel. In that event, Hawkeye will seek the program producer's permission to carry the programming on the origination channel, and we will discuss directly with the producer how the programming would be carried. Final choice would, of course, be the producer's. Public Access Procedures The main access/origination studio will be staffed 40 hours per week by Hawkeye Cable Vision with the equivalent of three full-time people. Hours of operation will be optimum with many evening and some weekend hours scheduled, as mutually agreed upon by Hawkeye and users. Weekend work will, of course, be subject to our ability to obtain staff willing to work on weekends at normal rates. Free production assistance will be provided to public, educa- tional and government users within the regular hours established provided that no single user exceeds 40 hours equipment use in a given month, and provided total assistance given is within our budgeted provision of three full-time people. In the event of conflict in scheduling these resources, the program advisory group will provide policy guidance. If usage by any user is in excess of that mentioned previously, Hawkeye Cable Vision's rate structure will then apply. 1 City Equipment We will install a portable remote keyboard in the City Administration Build- ing at approximately the time of system activation. Training and documenta- tion will be provided. The emergency alert system as described in our proposal, Form J, page 12, will also be installed and explained to the appropriate City personnel at approximately the time of system activation. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOVIES r� Mr. ileal Berlin - 6 - 9126 February 26, 1979 Document Scanning The document scanning equipment and a modulator will be installed in the old library at approximately the time of system activation. The equipment will be relocated to the new library at an appropriate time. Library Access Facilities The statement in your letter regarding our relationship with the library is essentially correct. I might add that we have agreed to wire desired library drops to approximately 20 or 30 locations, provided we are given access to open walls at an appropriate time, and provided we are able to use standard CATV construction practices in the wiring of such drops. If the architect or Iowa City building codes impose additional burdensome or expensive construction practices, we will be forced to limit our provision of prewiring. However, we anticipate being able to work out this problem with the library in the coming weeks. Other Communities We anticipate offering the same services to the residents of Coralville and University Heights as we will be offering in Iowa City. The details of the franchise ordinance have not yet been worked out with these jurisdictions. Ile will be operating an integral system, and at this time do not intend to allocate costs or establish differential rates for basic services in each individual city. The greater the number of subscribers involved in sharing the cost of shared facilities, the lower the rates for all. We do not believe that nonresidents can be barred from the company's access studio. This facility will be owned and operated at Hawkeye's expense. There is no cost to the City for this facility, and no reimbursement is necessary. As long as the access needs of Iowa City residents are met, it is not proper to prohibit outside users. Indeed, FCC regulations do not permit us to discriminate on any basis with respect to access use. We recognize that the library studio is somewhat different from our studio because the library is providing us building space in exchange for several thousand dollars of internal (airing, equipment, etc. However, we do not think the City should restrict nonresident usage, or force Ilawkeye to collect a "tax" for such use. Nonresidents can already use the library on a walk-in basis; we believe access to the studio should be similar, as long as Iowa City residents have sufficient use of the facilities to fulfill their production N needs. Certainly the occasional nonresident user will not create additional costs to the City, although Hawkeye will incur some costs. Since the City would not likely restrict distinguished programmers from out-of-state, we do not think nearby programming sources can be arbitrarily restricted. We are aware of the long-standing problems of shared services in the metro- politan area. however, we want to point out that use of studio facilities is substantially different from use of, for example, a tennis court. Fle own and operate the studios and there is no cost to the City or residents, assuming MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES 11r. Meal Berlin - 7 - 9126 February 26, 1979 subscriber charges are uniform. All residents benefit from programs produced by outside residents. In the case of a tennis court, Iowa City bears the cost, and does not benefit from nonresident use. Cablecasting is an opportunity to bring the community together, and we hope that the metropolitan area is able to use it accordingly to solve area -wide problems. Any restriction on non- resident use may deprive the area of valuable programming resources. We hope this letter answers satisfactorily all the questions you posed. We look forward to franchise award so that we can begin construction preparation. Sincerely, lkg4�r ! R. Piich i Division Manager Western Operations RMK/vkp — Enclosure cc: Robert Pepper Connie Tiffany Elliott Full Gene Claussen _ I I i 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES S"WiARY OF CIIANNIIL ALLOCATIONS On Lhe chars below, briefly describe the designatud allocation of each channel on the proposed system (e.g., KXYZ-TV, Ch. 71 ADC; 24-11r. sports, automated; educational access; CBN; Pay, TIDO; etc.). Indicate with an asterisk (1) any channel (s) that will not be activated or available initially. o 1 Pro74,vn Zidde/ 2 •' Wfl�2 Cular t'alls 3 UniversiLy Origination A _. WSt1S-44 tldrago 5 b;cal 6 Tine/ 7 W4117 8 9 Sports Wire KQC-9 10 WSN-9 11 National 12 IN -12 f�ixt CDS Indepavient Origination Weather Cedar Raplc Calor Rapid Chicago Nuwswl re ❑S a Oata/ NDC AOC [as C(t Y b1Ld Kv+A Aulio I f 12 (3) (4) (51 16) (7) ID) (9) (10) (11) (12) 1(13) 13 Ibis Box Office 4 OoimmLity Dull°Lin I5 AGC -6 Uavenrort 16 Puhl lc Access/ 17 MON-4 18 (kmnvralt 19 Christian 20 library 21 Network 22 Slo-Scan 3 Financial 24 atter • 0oard/ NDC rna.tn,ity Rock Island Access/ broad- Cherry Pick- NewB Naw wire Nadu• SroPpin 3 Ilallelb; (11S Rata - castiN I10a Mims Guide Board/ Netwark a Mlina 0 Sl apidn] (AOC) Guide (A) (B) (C) (DI IRI (F) (G) DI) (I) W) (K) (L) 25 JU.wrv(d - 6 Ststy 27 1ulwtional 20 Lase 29 Naso v j - 10 Il:aonvucl - 31 pladdicallbru 132 33 34 35 Laaj gn tla nAtlre Accuse tlamlel Futuro 7utlao Channel ttrlseecvod - Ivate Pesecvud - Reserved - Rawaved tsnluay° ln;lication: A()plicatlm Private Private Private lease lease faaso tan" (t0 _ Uq l0) (PI ('rl lul (v) (W) t•1 us nudlo " Cmeranuav ALu•t" nki ,k; i .a. ....,.. �.. -- y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tI01NES .C1 r MICROFILMED BY DORM MICROLAB