HomeMy WebLinkAbout2005-05-17 Ordinance 58
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ05-00004)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION OF APPROXIMATELY
54 ACRES FROM PUBLIC/INTENSIVE COMMERCIAL (P/CI-1) ZONE TO COMMUNITY COMMERCIAL
(CC-2) ZONE FOR AVIATION COMMERCE PARK
WHEREAS, the City of Iowa City has initiated a rezoning action for Aviation Commerce Park,
approximately 54 acres of property located on the north side of the Iowa City Municipal Airport; and
WHEREAS, a retail commercial development has been proposed for the property, and for retail
commercial development to be permitted, the zoning designation must be changed to Community
Commercial (CC-2) zone; and
WHEREAS, the Planning and Zoning Commission found that all the properties abutting Aviation
Commerce Park are either commercial or Airport proper[les, and changing from Intensive Commercial to
Community Commercial will not have a negative impact on adjacent properties; and
WHEREAS, the Planning and Zoning Commission has recommended conditions related to landscaping,
pedestrian connections, road improvements, and building design in order to be consistent with the retail
appearance and site design policies enumerated in the South Central District Plan; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's request over and above existing regulations, in order to
satisfy public needs caused by the rezoning request; and
WHEREAS, the owner acknowledges that certain conditions and restrictions are reasonable, to ensure
the eventual development of the property is attractive and accessible, provides adequate infrastructure, and
is designed to facilitate reuse of large commercial structures.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated by reference herein, the property described below is hereby reclassified
as follows:
All of Lots 1-17, Outlot A, and a portion of Outlot C of the North Airport Development Subdivision
recorded in Plat Book 43, Page 182, Johnson County Recorders office; which is a portion of the
Northeast Quarter of Section 21 and the Southeast Quarter of Section 16, Township 79 North, Range 6
West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, further described as follows:
Beginning at the North Quarter Corner of Section 21; Thence N 00035'32'' E 984.65 feet along the
west line of the North Airport Development;
Thence N 51°23'44" E 59.53 feet to the Southwesterly Right of Way of Ruppert Road;
Thence Northwesterly 77.16 feet along a curve, of the Ruppert Road Right of Way, with a radius of
409.92 feet, concave Northeasterly, a central angle of 10047'06'', and a chord 77.05 feet in length
which bears N 36°11'29" W;
Thence N 38o44'54'' VV along said Right of Way 94.65 feet;
Thence N 00035'32'' E along said Right of Way 140.32 feet to the North line of the North Airport
Development;
Thence S 89°29'19'' E along said North line 1041.99 feet;
Thence N 89°41'00" E along said North line 636.50 feet;
Thence N 89043'00'' E along said North line 491.70 feet;
Thence S 16029'25'' E along the East line of Lot 5, North Airport Development, 456.20 feet to the
Southeast Corner of Lot 5;
Thence S16°32'04' E 217.42 feet to the South line of the North Airport Development;
Thence S 70°15'04" W along said South line 1033.22 feet;
Thence S 73019'46, W along said South line 1321.45 feet;
Thence N 55055'22'' W 93.05 feet to a point on the West line of the Northeast Quarter of Section 21;
Ordinance No.
Page 2
Thence N 1°05'08'' E 27.24 feet along the West line of the Northeast Quarter of Section 21 to the
Point of Beginning.
Said parcel contains 53.57 acres more or less. Lots 1-4 of the North Airport Development have been
subdivided into the' North Airport Development Part Two which is recorded in Plat 45 Page 91 of the
Johnson County Recorders Office.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval, and
publication of this Ordinance as provided by law.
SECTION Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement attached hereto and incorporated by reference herein.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to
certify a copy of this Ordinance and the Conditional Zoning Agreement and to record the same at the Office
of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of 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.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,20.__
MAYOR
ATTEST:
CITY CLERK
Approved by
Cl~y ,~ffor~ey's bffic~-'
ppdadm/ord/rezO5~OOO4.doc
Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5247 (REZ05-00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, as Owner (hereinafter
"Owner"), and the City of Iowa City, a municipal corporation and regulatory authority (hereinafter
"City"), which expression shall include their successors in interest and assigns; and
WHEREAS, the Owner is legal title holder of property generally located on the north side of the Iowa
City Municipal Airport along Ruppert Road, known as Aviation Commerce Park; and
WHEREAS, in recommending that Aviation Commerce Park be rezoned to Community Commercial,
CC-2 zone, the Planning and Zoning Commission recommended conditions to ensure development
is consistent with the retail commercial appearance and site design policies in the South Central
District Plan; and
WHEREAS, the conditions recommended by the Planning and Zoning Commission are related to
landscaping, pedestrian connections, street infrastructure, and building design standards to facilitate
reuse of large commercial structures and to moderate the sense of scale of large commercial
structures; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in order
to satisfy public needs that are directly caused by the requested change in zoning; and
WHEREAS, the Owner agrees to use this property in accordance with the terms and conditions of a
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. The City of Iowa City is the owner and legal title holder of property legally described as follows:
All of Lots 1-17, Outlot A, and a portion of Outlot C of the North Airport Development Subdivision
recorded in Plat Book 43, Page 182, Johnson County Recorders office; which is a portion of the
Northeast Quarter of Section 21 and the Southeast Quarter of Section 16, Township 79 North,
Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, further described
as follows:
Beginning at the North Quarter Corner of Section 21; Thence N 00o35'32" E 984.65 feet along
the west line of the North Airport Development;
Thence N 51°23'44" E 59.53 feet to the Southwesterly Right of Way of Ruppert Road;
Thence Northwesterly 77.16 feet along a curve, of the Ruppert Road Right of Way, with a radius
of 409.92 feet, concave Northeasterly, a central angle of 10°47'06'', and a chord 77.05 feet in
length which bears N 36°11'29" W;
Thence N 38°44'54" W along said Right of Way 94.65 feet;
Thence N 00o35'32'' E along said Right of Way 140.32 feet to the North line of the North Airport
Development;
Thence S 89°29'19" E along said North line 1041.99 feet;
Thence N 89°41'00" E along said North line 636.50 feet;
Thence N 89043'00'' E along said North line 491.70 feet;
Conditional Zoning Agreement (REZ05-00004)
Page 2
Thence S 16°29'25'' E along the East line of Lot 5, North Airport Development, 456.20 feet to the
Southeast Corner of Lot 5;
Thence S16°32'04'' E 217.42 feet to the South line of the North Airport Development;
Thence S 70°15'04" W along said South line 1033.22 feet;
Thence S 73°19'46' W along said South tine 1321.45 feet;
Thence N 55°55'22" W 93.05 feet to a point on the West line of the Northeast Quader of Section
21;
Thence N 1°05'08'' E 27.24 feet along the West line of the Northeast Quarter of Section 21 to the
Point of Beginning.
Said parcel contains 53.57 acres more or less. Lots 1-4 of the North Airport Development have
been subdivided into the North Airport Development Part Two which is recorded in Plat 45 Page
91 of the Johnson County Recorders Office.
2. The Owner acknowledges that Iowa Code Section 414.5 (2005) provides that the City may
impose reasonable conditions on granting a rezoning ~equest, over and above.the existing
regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, the Owner agrees that development
of the subject property will conform to all other requirements of the Zoning Chapter, as well as
the following conditions:
A. As part of the public improvements associated with the final plat, the construction plans will
show sidewalks to be installed on Ruppert Road from Highway 1 south to the public
sidewalks along Ruppert Road in the subject property, including a pedestrian crosswalk and
pedestrian signals at the Ruppert Road/Highway 1 intersection.
B. Pedestrian walkways will be provided to connect the principal buildings on each lot to each
other and to the public sidewalk system, to be identified and reviewed as part of the site plan
review process for each lot.
C. Landscaping is required to screen parking areas, loading docks, and outdoor storage and
dumpsters from view of the public right-of-way. Areas of the site not taken up by required
paving or building area are to be landscaped. A landscaping plan meeting these goals is
required to be submitted and reviewed as part of the site plan review process for each lot.
D. The preliminary plat and construction plans associated with the final plat will indicate
necessary improvements to Ruppert Road, the Ruppert Road/Highway 1 intersection, and
the Ruppert Road/Riverside Drive intersection.
E. In order to facilitate adaptive reuse of large retail commercial structures, to moderate the
scale of large buildings, and to ensure a compatible appearance with other commercial
shopping centers, any commercial structure over 50,000 square feet in size will comply with
the following design standards:
1. Fa(;ades and exterior walls:
a. For fa~;ades that face public streets and/or include public entrances, fa(;ades over
100 feet in length shall incorporate wall projections or recesses a minimum of three
feet in depth for a minimum of 20 contiguous feet, within each 100 feet of fa(;ade
length, and shall extend over a minimum of 20% of the fa(;ade. No uninterrupted
length or fa(;ade may exceed 100 feet.
b. For fa(;ades that face public streets or include public entrances, features such as
arcades, display windows, entry areas, awnings, or similar features, must be used
along at least 60% of the facade.
Conditional Zoning Agreement (REZ05-00004)
Page 3
2. Detail features: Buildings shall include detail and features that provide visual interest,
reduce the perception of the mass of the building, and provide a cohesive pattern to the
building. The building fac.,.ade that faces a public street or includes a public entrance shall
include no less than three of the elements listed below. At least one of these elements
shall repeat horizontally. All these elements shall repeat at intervals of no more than 50
feet. It is encouraged that these visual patterns are cohesive with the articulation of the
fa(;ade:
a. Color change
b. Texture change
c. Material module change
d. Expression of architectural or structural bay through a change in plane no less than
12 inches in width, such as an offset, reveal, or projection.
3. Roofs: Roofs shall have no less than two of the features listed below:
a. Parapets concealing fiat roofs and rooftop equipment, such as HVAC units from
public view. The average height of such parapets shall not exceed 15% of the height
of the supporting wall and at no point shall exceed one-third of the height of the
supporting wall. Such parapets shall feature a cornice treatment.
b. Overhanging eaves, extending no less than three feet past the supporting walls.
c. Sloping roofs that do not exceed the average height of the supporting walls.
d. Three or more roof slope planes.
4. Materials:
a. The building materials shall be predominantly quality exterior building materials,
including brick, masonry, stone, stucco, or textured concrete masonry units,
"Predominantly" is defined as at least 75% of the exterior of the entire building, but
not necessarily of each building wall.
b. The following exterior building materials shall be used minimally:
i. Smooth-faced concrete block
ii. Pre-fabricated steel or vinyl panels or sheets
5. Entryways: Each principal building shall have a clearly defined, highly visible customer
entrance with no less than three of the features listed below. Where additional stores are
located in the principal building, each store shall have at least one exterior customer
entrance with no less than three of the following features:
a. Canopyor portico
b. Overhang
c. Recess/projection
d. Arcade
e. Raised cornice parapet over the door
Conditional Zoning Agreement (REZ05-00004)
Page 4
f. Archway
g. Outdoor patio
h. Display window
i. Tile work and moldings that are integrated into the building structure and design
j. Integral planters or wing walls that incorporate landscaped areas and/or places for
sitting
4. The Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code Section 414.5 (2005) and that said conditions satisfy public
needs caused by the requested zoning change.
5. The Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional
Zoning Agreement.
6. The Padies acknowledge that this Conditional Zoning Agreement shall be deemed to be a
· covenant running with the land and with title to the land, and shall remain in full force and effect
as a covenant running with the title to the land unless or until released of record by the City. The
Parties further acknowledge that this Agreement shall inure to the benefit of and bind all
successors, representatives and assigns of the Parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed
to relieve the owner or future owners from complying with all applicable local, state, and federal
regulations.
8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into
the Ordinance rezoning the property; and that upon adoption and publication of the Ordinance,
this Agreement shall be recorded in the Johnson County Recorder's Office at the City's expense.
Dated this day of ,2005.
CITY OF IOWA CITY AS OWNER
By
Ernest W. Lehman, Mayor
Attest
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
Conditional Zoning Agreement (REZ05-00004)
Page 5
CITY OF IOWA CITY AS REGULATORY AUTHORITY AND MUNICIPAL CORPORATION
By
Ernest W. Lehman, Mayor
Attest
Marian K. Karr, City Clerk
Approved b/y~/ / ~
City Attorney's ~[fi~e~'
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that
the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument
was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that
the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to
be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppd adrn/agt/CZA-REZ05-00004.doc
City of Iowa City
MEMORANDUM
Date: April 15, 2005 (For April 21 Planning and Zoning Commission meeting)
To: Planning and Zoning Commission
From: John Yapp, Associate Planner
Re: Proposed amendment to South Central District future land use map
Recently the City initiated a rezoning of Aviation Commerce Park from P/CI-1, Intensive
Commercial, to CC-2, Community Commercial. The 1997 Iowa City Comprehensive Plan
identifies the Aviation Commerce Park property as General Commercial The South Central
District Plan is more specific, and identifies the property as Intensive or Highway
Commercial on the future land use map. This reflects the thinking at the time Aviation
Commerce Park was being established, that intensive commercial businesses, possibly with
some connection to Airport operations, would be attracted to and be appropriate on the
Aviation Commerce Park property.
Since that time, none of the Airport Commerce Park properties have been leased or sold.
The City has received a purchase offer for part of the property from a large retailer. For
retail use to be permitted on the property, it needs to be rezoned from Intensive Commercial
(C1-1), to Community Commercial (CC-2). For this proposed rezoning to be consistent with
the South Central District Plan future land use map, it should be amended reflect Retail /
Community Commercial land use for the property, and associated changes to the text of the
plan should reflect this change as well.
Staff finds that, in this case, changing the intended use of the Aviation Commerce Park
property on the South Central District land use map from Intensive or Highway Commercial
to Retail / Community Commercial is not a significant change. There are both CC-2- and
Cl-l-zoned properties bordering Aviation Commerce Park. Infrastructure is adequate for
commercial development in both zones. The improvements recommended in the SCD Plan
related to retail development, including pedestrian, landscaping and other appearance
issues, would also apply to Aviation Commerce Park. The fact that Aviation Commerce
Park has direct access to Highway 1 and Riverside Drive, both arterial streets, mitigates any
traffic concerns that retail development may generate more traffic than intensive commercial
development.
STAFF RECOMMENDATION:
Staff recommends the South Central District Plan future land use map be amended to show
the Aviation Commerce Park property, on the north side of the airport, as Retail /
Community Commercial, and that the South Central District Plan text be changed to reflect
the map change as follows:
l.-.tc.-.slve Commercial. Land available in the western reaches of this subarea with faidy
direct access to Highway 1 and near Highway 218 provides opportunities for large lot
development. These large properties would be suitable for intensive commercial uses with
extensive outdoor storage needs. Entranceway aesthetics need to be considered as these
intensive commercial properties develop and redevelop, l,mtec~,ive Commercial
development and zoning are planned for most of the 54-acre Airport North Commercial
Park. The City plans to provide streets and utilities for the new business park, and the
Airport Commission will enter into long-term leases with developers, who may further divide
the property for businesses that can function as freestanding entities or provide support
services for other businesses and industries in the South Central District. Airport-related
businesses and a science center are being encouraged to locate in this new commercial
park. (Page 24, SCD Plan)
Ret~ll C--.mmerc!~!. As the east retail area of this subarea is upgraded, encouraging
intensive commercial businesses located on or east of the Westport Plaza property to
relocate to C1-1 zones to the south or west could result in a more compatible mix of traffic
and commercial shops, offices, restaurants and residential uses in the area. To address the
appearance of the built-up commercial area along Highway 1, entranceway improvements,
including upgrading landscaping, creating pedestrian access, introducing a consistent,
attractive lighting design and minimizing signs and utility poles within the streetscape,
should be considered... (Page 24, SCD Plan)
Plan for i¢~msive commercial uses to be established in the Airport North Commercial Park,
and industrial uses in the south portion of the airport property. (Page 32, SCD Plan)
ATTACHMENTS:
1. Proposed South Central District Plan future land use map
STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp
Item: REZ05-00004 Aviation Commerce Park Date: April 7, 2005
GENERALINFORMATION:
Applicant: City of Iowa City
Planning and Community Development
410 E. Washington Street
Iowa City, IA 52240
Phone: 356-5230
Property Owner: City of Iowa City
Purpose: To allow the Aviation Commerce Park
property to develop as a retail-oriented
shopping center.
Location: Ruppert Road area, south of Highway 1,
north of the Iowa City Municipal Airport.
Property Size: Approximately 54 acres
Existing Land Use and Zoning: Undeveloped; P/CI-1
Surrounding Land Use and Zoning: North: Commercial, C1-1
South: Public Airport
East: Commercial; CC-2
West: Commercial; CI-I& CC-2
Comprehensive Plan: The Comprehensive Plan identifies this
property as General Commercial. The South
Central District Plan identifies this property
as Intensive or Highway Commercial.
File date: March 10, 2005
45-day limitation period: April 24, 2005
BACKGROUNDINFORMATION:
The Aviation Commerce Park was subdivided in 2000, and infrastructure was constructed to allow
for commercial development on property along the north side of the Iowa City Municipal Airport.
This area is currently zoned P/CI-1, Intensive Commercial. The Intensive Commercial zoning was
established because it was thought to be a zone that could attract airport-related service and
storage businesses, and other similar uses that do not require visibility from Highway 1. Since the
Aviation Commerce Park was established, none of the lots have been sold or leased.
2
Recently the City Council agreed to sell a portion of the Aviation Commerce Park to a large
retailer, which would likely make the remainder of the Aviation Commerce Park attractive for other
retail-related businesses. For retail businesses to be permitted, the Aviation Commerce Park is
proposed to be rezoned to CC-2, Community Commercial.
ANALYSIS:
Comprehensive Plan
The general Comprehensive Plan, adopted in 1997, identifies properties on the south side of
Highway 1, including the Aviation Commercial Park, as General Commercial. The South Central
District (SCD) Plan, adopted in 2000, reflects the current zoning designation of the Aviation
Commerce Park and identifies it as Intensive or Highway Commercial on the future land use map.
The SCD Plan reflects the thinking at the time Aviation Commerce Park was established, and
states "Intensive commercial development and zoning are planned for most of the 54-acre Airport
North Commercial Park..."
To be consistent with this proposed rezoning from C1-1 to CC-2, the South Central District Plan
land use map should be changed to reflect Retail / Community Commercial land use for this
property, and incidental changes to the text of the SCD Plan are necessary to reflect the change
in the map.
A separate memo and recommendation for the change to the South Central District Plan map and
text, to be consistent with the intent to use this property for a retail development, will be forwarded
to the Commission for its April 21 meeting.
Transportation
With a rezoning to CC-2, Community Commercial, this property has the potential to attract and
generate more vehicular and pedestrian traffic than would be expected with intensive commercial
development. There is an existing traffic signal serving the Highway 1 / Ruppert Road
intersection, including turn lanes on Highway 1.
As part of the purchase agreement for the property, the City is requiring that any realignment of
Ruppert Road will be done at the buyers expense; an enhanced left turn lane from Ruppert Road
to Highway 1 will be constructed; and $100,000 will be contributed for any other off-site
improvements required, including items such as pedestrian facilities, turn lanes or possible
signalization of the Ruppert Road / Riverside Drive intersection, or other improvements
necessitated as a consequence of developing this property. As this is City property until sold, any
other off-site improvements beyond the $100,000 cost would be done at the city's expense.
Public Transit
Iowa City Transit provide access to the Highway 1 corridor in this area. As part of the Westport
Plaza route, bus stops are currently located at the Ruppert Road / Cub Foods access drive, and
on both the north and south sides of the Ruppert Road / Highway 1 intersection. The bus needs
to travel back onto Highway 1 from Ruppert Road to serve multi-family properties with frontage on
Highway 1, north of the Aviation Commercial Park. According to the Iowa City Transit Manager, if
accommodations are made for pedestrian access from multi-family properties on the north side of
Ruppert Road, the bus route may be modified to more directly serve the Ruppert Road corridor,
particularly if retail commercial development occurs. Because retail commercial development
U:\rezonings~Aviation commercial park rezoning.doc
attracts more pedestrian traffic, there is a rationale for pedestrian routes from the bus stops to the
commercial destinations to be established.
Pedestrian Connections
The SCD Plan notes "pedestrian walkways are virtually nonexistent in this subarea." Besides
needing pedestrian access to bus stops, the SCD Plan notes that pedestrian access is an issue
with retail commercial development. The large multi-family development on the north side of
Highway 1 is a pedestrian generator, as is the surrounding residential neighborhood on the
north side of Highway 1. The Southwest District Plan, in addressing how commercial properties
on the south side of Highway 1 are disconnected from residential areas on the north side of
Highway 1, states "there is a lack of safe pedestrian and bicycle facilities along and across
Highway 1. Constructing sidewalks and adding pedestrian signals at signalized intersections
should be a priority."
Staff recommends that pedestrian connections from the Ruppert Road / Highway 1 intersection
along Ruppert Road and to the entrance to commercial buildings to be developed in the
Aviation Commerce Park be required. Pedestrian routes within the public right-of-way will be
identified with a re-subdivision of the property. Staff recommends pedestrian routes from the
public right-of-way to each commercial building be identified as part of the site plan submittal as
each lot is proposed for development.
Landscaping
As noted above, the SCD Plan recommends that landscaping be upgraded as part of retail
commercial redevelopment. Because development of Aviation Commerce Park for retail
development will have an impact on traffic flow and the redevelopment potential of other
properties in this vicinity, landscaping needs to be considered.
In addition to the parking lot and right-of-way trees normally required, staff recommends that
area not taken up by buildings, parking or vehicular or pedestrian use areas be landscaped with
trees, shrubs or other plant materials, and that a landscaping plan sheet be submitted with each
site plan for properties within the Aviation Commerce Park. The landscaping plan should
address screening of parking areas, loading docks, outdoor storage and dumpsters. While this
requirement would duplicate some existing landscaping standards, it goes a step further by
requiring some attention to landscaping be paid to all areas not used by the building or required
parking, loading and access paving. This will help improve the hppearance generally of this
commercial corridor.
Aviation Commerce Park / Airport Commission
When the Aviation Commerce Park was first established, the intention was to try to attract uses
that had some direct or indirect relationship to the airport or other businesses in the vicinity.
This has not occurred. The Airport Commission has recommended approval of the City selling
a portion of this property to a retail developer.
Summary
The City is initiating the rezoning of Aviation Commerce Park from C1-1, Intensive Commercial
to CC-2, Community Commercial in order to facilitate the sale of a portion of the property to a
large retailer, and development of the remainder of the property with retail uses. Because the
U:\rezonings~Aviation commercial park rezoniog.doc
South Central District Plan map identifies this property as Intensive or Highway Commercial, it
needs to be changed in conjunction with this rezoning. In approximately five years, no lots in
Aviation Commerce Park have been able to be leased or sold for intensive commercial
development. Consistent with the SCD Plan policies regarding retail commercial development,
staff is recommending a Conditional Zoning Agreement related to pedestrian connections and
landscaping expectations. Because the property is owned by the City, the Conditional Zoning
Agreement will be an agreement between the City and itself, and will be passed on to future
buyers of the property.
STAFF RECOMMENDATION:
Staff recommends REZ05-00004 a request to rezone approximately 54 acres from P/CI-1,
Intensive Commercial to CC-2, Community Commercial for property located along Ruppert Road,
be approved, subject to a Conditional Zoning Agreement addressing:
1. Sidewalks to be installed on Ruppert Road from Highway 1 south to a sidewalk system in
Aviation Commerce Park, including pedestrian crosswalks and pedestrian signals at the
Ruppert Road / Highway 1 intersection.
2. Pedestrian walkways to be provided between the principal buildings on each lot and the public
sidewalk system, to be identified and reviewed as part of the site plan review process for each
lot.
3. A landscaping plan being required as part of the site plan review process, showing how
parking areas, loading docks, outdoor storage, dumpsters are screened from view, and the
landscaping of other areas of the site not taken up by required paving or building areas.
4. The preliminary plat indicating necessary improvements to the Ruppert Road / Highway 1
intersection and the Ruppert Road/,,Riverside Drive intersection.
Approved by:--7~/~'~ ~ '
Karir/FranklinDep,artment oi pDliraenCn~°nr~ and Community Development
ATTACHMENTS:
1. Location map
U:~rezonings~Aviation commercial park rezoningdoc
i~l r~' ( April 15, 2005
DESIGN
RESOURCES
~N c Karen Franklin
City of Iowa City
................ 410 E. Washington St.
~A~, ~v~,Nc~ Iowa City, IA 52240
Ph: 319-356-5248
Fax: 319-356-5217
Re: WaI-Marl Iowa City, IA
Arc Project No. 04208
Dear Karen,
This letter documents WaI-Mart's approach to selling or leasing the existing store. This
information is provided by WaI-Mart's Real Estate Manager, Brandi Lewis.
The existing building is currently scheduled to be released in WaI-Mart's next expedited sale.
The building is listed with Rockwood Realty. Full scale national marketing will begin Monday, April 18,
2005. Informal discussions are already occurring in regards to the sale of the building.
The City of Iowa City can expect to see the building advertised through several forums. Online
marketing will be the primary medium. Signs at the site and direct mail marketing to approximately
2,500 recipients wiJl also be used. Wal-Mart wiJl also publish a couple of Wall Street .Journal ads which
are done to attract REIT's and real estate investors in time for the International Council of Shopping
Centers Convention in Las Vegas this May. If it is necessary Wal-Mart will post an ad in the local
paper.
Also, Rockwood Realty has stated: "important to note that all local brokers will be solicited to
promote the property and bring in offers; they are encouraged to cooperate in the sale and be
eligible to share in a sales commission by representing a successful offer. Our marketing effort
consists of local, regional and national outreach and promotion." The property wiJl not be divided up
and sold to different owners, but will be offered to retail re-developers who may very possibly divide
the total space into several separate spaces for lease to multiple retailers.
Should you have any questions please feel free to contact me directly at (8151 484-4300.
Sincerely,
.~seph R. Altenhoff, P. E.
Project Manager
C: Keith King - Wal-Mart Stores, Inc.
Brandi Lewis - Wal-Mart Stores, Inc.
1475 8 PERRYVILLE ROAD
ROCKFORD, IL 61108
VOICE: 815 484-4300
FAX;815 484 4303
www alcdesign corn
City of Iowa City
MEMORANDUM
Date: April 15, 2005
To: Planning and Zoning Commission
From: John Yapp, Associate Planner
Re: Design standards for large retail establishments
At your April 4 meeting, the Commission asked staff to reseamh and propose design and
appearance standards for large-scale retail development. This request was in response
to the rezoning application initiated by the City to rezone Aviation Commerce Park from
Intensive Commercial (C1-1) to Community Commercial (CC-2) to allow a portion of
Aviation Commerce Park to be sold to a large retailer. The concerns raised by the
Commission included wanting large retail buildings to be designed to facilitate adaptive
reuse when the main tenant leaves, to include features that moderate the scale of large
retail buildings, and to make sure the design is attractive and compatible with the
appearance of other nearby commercial shopping centers such as Gateway One Plaza.
In preparing this information, staff reviewed information and ordinances provided by
Commission Chair Brooks and other sources, including information from Fort Collins, CO,
Tucson, AZ, Madison, WI, Sun Prairie, WI, Palm Bay, FL, and Asheville, NC. There are
many other cities that have also adopted or are considering adopting similar standards,
and many large retail developments have been constructed using design standards
adopted by cities. The standards outlined below are similar to standards that have been
successfully used in other cities.
LARGE RETAIL COMMERCIAL STANDARDS
The large retail commercial standards apply to retail commercial buildings over 50,000
square feet in size. The intent of these standards is to facilitate adaptive reuse of large
retail commercial structures, to moderate scale of large buildings, and to ensure
consistent appearance with other shopping center developments.
Facades and exterior walls
1. For facades that face public streets and/or include public entrances, facades over
100 feet in length shall incorporate wall projections or recesses a minimum of
three feet in depth for a minimum of 20 contiguous feet, within each 100 feet of
facade length, and shall extend over a minimum of 20% of the fa(;ade. No
uninterrupted length or fa(;ade may exceed 100 feet.
100 feet
U:~rezoningsWvlaflon park design standards.doc
2. For facades that face public streets or include public entrances, features such as
arcades, display windows, entry areas, awnings or similar features must be used
along at least 60% of the facade.
Graphic courtesy of Fort Collins, CO
Detail features
Buildings shall include detail and features that provide visual interest, reduce the
perception of the mass of the building, and provide a cohesive pattern to the building. The
building fa(;ade that faces a public street or includes a public entrance shall include no
less than three of the elements listed below. At least one of these elements shall repeat
horizontally. All elements shall repeat at intervals of no more than 50 feet. It is
encouraged that these visual patterns are cohesive with the articulation of the fac,,ade.
1) Color change
2) Texture change
3) Material module change
4) Expression of architectural or structural bay through a change in plane no less
than 12 inches in width, such as an offset, reveal or projection.
off~et~
projeoflng db~
reveals
structural bay layout
Graphic coudesy of Foal Collins, CO
Roofs
Roofs shall have no less than two of the features listed below:
1) Parapets concealing flat roofs and rooftop equipment such as HVAC units from
public view. The average height of such parapets shall not exceed 15% of the
height of the supporting wall and at no point shall exceed 1/3 of the height of the
supporting wall. Such parapets shall feature a cornice treatment.
U:\rezonings~Aviation park design standards.doc
2) Overhanging eaves, extending no less than three feet past the supporting walls.
3) Sloping roofs that do not exceed the average height of the supporting walls.
4) Three or more roof slope planes.
Materials
1. The building materials shall be predominantly quality exterior building materials,
including brick, masonry, stone, stucco, or textured concrete masonry units.
Predominantly is defined as at least 75% of the exterior of the entire building, but
not necessarily of each building wall.
2. The following exterior building materials shall be used minimally.
· Smooth-faced concrete block
· Pre-fabricated steel or vinyl panels or sheets
Entryways
Each principal building shall have a clearly defined, highly visible customer entrance with
no less than three of the features listed below. Where additional stores are located in the
principal building, each store shall have at least one exterior customer entrance with no
less than three of the following features:
1) Canopy or portico
2 Overhang
3 Recess / projection
4 Arcade
5 Raised cornice parapet over the door
6 Archway
7 Outdoor patio
8 Display window
9 Tile work and moldings that are integrated into the building structure and design
10) Integral planters or wing walls that incorporate landscaped areas and/or places for
sitting
U:\rezonings~Aviation park design standards.doc
Date: May 11, 2005
To: City Council
From: Eleanor M. Dilkes, City Attorney
Re: Sale and Rezoning of North Airport Development property (a/k/a Aviation Commerce
Park)
As you will recall, Wal-Mart's obligation to proceed with the purchase of approximately 21.76
acres of North Airport Development property is contingent on a number of things, including the
rezoning of the property from "Intensive Commercial Zone (C1-1)" to "Community Commercial
Zone (CC-2)" to allow for retail business use. Pursuant to the purchase agreement, City Staff
has proceeded with an application forsuch rezoning. The Planning & Zoning Commission has
recommended the rezoning be approved subject to conditions which would require the
installation of sidewalks, pedestrian walkways, landscaping and unspecified roadway
improvements, as well as building design criteria for large retail buildings (which would include
Wal-Mart's building). These conditions are set forth in detail in the proposed Conditional
Zoning Agreement contained in your packet.
The purpose of this memorandum is to inform you that the rezoning contingency of the Wal-Mart
purchase agreement will not be met if the rezoning is subject to these conditions. Wal-Mart will
not be legally obligated to proceed with the purchase if the rezoning is made conditional.
cc: Stephen J. Atkins, City Manager
Dale Helling, Assistant City Manager
Airport Commission
Karin Franklin, Director, Planning & Community Development
Steve Nasby, Coordinator, Community & Economic Development
Susan Dulek, Assistant City Attorney
Mitch Behr, Assistant City Attorney
Ms. Sonia Etfinger
230 Magowan Ave
Iowa City, IA 52246 fi[3CF ,
..... Page 13A
o p' on
' !,~, :: l~: ii Iowa City Press-Citizen
; Rob Bignell, editorial page editor
. · * , Phone: 337-3181
~ *:'//~ E-mail: opinion@press-citizen.com
Wal-Mart? Not in my name
On Tuesday, the Iowa ~ school boards and city ~h~r~ yo~r i~e~ both newcompardes.
City Council will hold a pub- councils and have formed Wal-Mart also has given
lic hea.qng on the rezoning ~ GalnJ the backbone of small · ff you'd like to submit up on its "made in America"
of 54 acres of city-owned SaMers t~w~s since this country's a guest opinion that campaign since it is now
land north of the Iowa City earliest days. leading the race to China, as
addresses local issues
Airport. That would allow Guest Every dollar that we it moves production of the
21.7 acres to be sold to Wal- ,~ Opinion spend in a Wal-Mart any- of political and social goods it sells at an alarming
Mart for the site of a new where is driving another significance, contact ram. Again, other corpora-
supercenter, cial" so that it could build a nail into the coffin of small- the editorial page editor tions must follow to keep
er businesses everywhere, their prices lower. All of this
Earlier this spring, the giant porn palace, which "So what?" you might ask. at opinion@press-citizen.
council voted 5-2 for a con- contributes to America's
ditional sale of this land to would be perfectly legal These small town Wal- com. Submissions can not $150 billion trade deficit
Wal-Mart for $3.1 million, under the "intensive com- Mart's wouldn't be success- be anonymous, however, with China last year, the
but the land must be mercial' zoning. Does any- ful if people didn't want ramifications of which are
rezoned from "intensive one think that ff this land them. That is the heart of detailed in the Dec. 6, 2004,
commercial" to "community use change was presented the evil genius of Wal-Mart. health benefits. Aiming at Business Week cover story.
commercial" for the sale to to the council that it would They are part of a culture Wal-Mart, several states are Wal-Mart is China's eighth
be finalized. The Planning be saying that we can only that has convinced people considering legislaUon that largest trading partner --
and Zoning Commission has consider the "land use" not that the highest value is sav- would force large employ- ahead of 200 countries!
voted for the rezoning, the "land user"? Of course Lng a dollar, not supporting ers to offer health care ben- But who cares about all
adhering to the philosophy not. your neighbor. And now efits so that their employ- of this, really? Another
that only the "land use" Misplaced values Wal-Mart is the nation's ees, are not adding to the Press-Citizen columnist
should be considered, not largest company. Its overall states' growing Medicaid asked last month: "How did
the "land user." There is But why should we both- sales are greater than rolls, shopping get so complicat-
absolutely nothing in the er trying to convince the Target, Sears, K-Mart, J.C. China'$ trading partner ed in America?" Well, wel-
law that requires this nar- council to vote "no' on this Penny, Safeway and Kroger come to globalization.
row thinking, rezoning? Obviously, Wal- combine~ Fifty years ago, the Iowa City already tins a
The City Council must Mart is a huge favorite of It is Ixue that Wal-Mart nation's largest corpora- Wal-Mart. Coralville tins a
consider the "land user" for shoppers all over the court- offem jobs averaging $9.68 tJons were unionized, indus- Super Wal-Mart. Do the
two reasons. First, this try, including Johnson per hour, which are eagerly trial companies who raised majority of Iowa City's resi-
rezoning is being consid- County. And, Wal-Mart pro* taken, but their turnover the bar for workers' wages dents support Wal-Mart's
ered at the behest of a spe- vides employment to many rote is 54 percent. Half their and benefits, and helped practices? I do not believe
cific corporation, Wal-Mart. people who might be unem- workers are gone after one lead America's workers into so. On May 17 we can, and
If Wal-Mart had not request- ployed otherwise. So why year, and the lawsuits the middle class. Today, must, make our voices
ed it, there would be no vote are people around the coun- against Wal-Mart from Wal-Mart is helping to lower heard by the City Council. If
on this change of"land use." try fighting Wal-Mart? women, minorities, unions thebar for workers, as other the council wants to
Secondly, let's suppose that Because it is the major and the U.S. government are corpom~ons cut costs to try approve the rezoning to
the Lion's Den Corp., one of destroyer of small business legion. Though Wal-Mart is to maintain their place in allow corporate outlaw No.
the Midwest's largest put- everywhere, including busi- the nation's biggest private the economy. In fact, K-Mart i to buildi~s supercenter, let
veyors of pornography, nesses in small towns'in employer and has annual and Sears merged, as did it not be in our name.
requested that a city-owned Eastern Iowa. These are the revenues of $288 billion and Gillette and Procter & Reach Gary Sanders, chair-
parcel of land zoned "corn- small businesses whose $I0 billion in profits, it Gamble, because they man of Iowa City Stop Wal-Mart
munity commercial" be local owners sponsor the lit- claims that it cannot afford couldn't compete with Wal- and an Iowa ¢~ resident since
rezoned "intensive commer- tle league teams, serve on to increase its wages or Mart. Jobs willbe slashed at 1978, at 377-7739.
Always Low Wages. Always. - New York Times Page 1 of 2
May 13, 2~5
Always Low Wages. AlwaYs;', :.:,::?.x
By PAUL ~UGm
L~t week S~d~d ~d Poor's, a bond rating agency, do.graded bo~ Ford ~d Gener~ Motors
bonds to j~k stat~. ~at is, it sees a significant risk that the complies won't be able to pay ~eir
debB.
Don't cry for the bondholders, but do cry for the workers.
Standard and Pools downgraded GM and Ford sooner rather than later because it believes that the
public is losing interest in S.U.V.'s. But the companies were vulnerable because they still pay decent
wages and offer good benefits, in an age when taking care of employees has gone out of style. In
particular, they are weighed down by health care costs for current and retired workers, which run to
about $1,500 per vehicle at G.M.
So the downgrade was a reminder of how far we have come from the days when hard-working
Americans could count on a reasonable degree of economic security.
In 1968, when General Motors was a widely emulated icon of American business, many of its
workers were lifetime employees. On average, they earned about $29,000 a year in today's dollars, a
solidly middle-class income at the time. They also had generous health and retirement benefits.
Since then, America has grown much richer, but American workers have become far less secure.
Today, Wal-Mart is America's largest corporation. Like G.M. in its prime, it has become a widely
emulated business icon. But there the resemblance ends.
The average full-time Wal-Mart employee is paid only about $17,000 a year. The company's health
care plan covers fewer than half of its workers.
True, not everyone is badly paid. In 1968, the head of General Motors received about $4 million in
today's dollars - and that was considered extravagant. But last year Scott Lee Jr., Wal-Mart's chief
executive, was paid $17.5 million. That is, every two weeks Mr. Lee was paid about as much as his
average employee will earn in a lifetime.
Not that many of them will actually spend a lifetime at Wal-Mart: more than 40 percent of the
company's workers leave every year.
http://www.nyfimes.com/2OO5/O5/13/opinion/13krugman.html?hp=&pagewanted=print 5/12/2005
Always Low Wages. Always. - New York Times Page 2 of 2
I'm not trying either to romanticize the General Motors of yore or to portray Wal-Mart as the root of
all evil. GM was, and Wal-Mart is, a product of its time. And there's no easy way to reverse the
changes.
What should be clear, however, is that the public safety net F.DR. and L.B.J. created is more
important than ever, now that workers in the world's richest nation can no longer count on the
private sector to provide them with economic security.
When they reach 65, most Wal-Mart employees will rely heavily on Social Security - if the
privatizers don't kill it. And many Wal-Mart employees already rely on Medicaid to pay for health
care, especially for their children.
Indeed, a growing number of working Americans have turned to Medicaid. As the Kaiser Family
Foundation points out, that's why children have for the most part have retained health coverage,
despite a sharp decline in employer-based health insurance since 2000.
Yet our current political leaders are trying to privatize Social Security and reduce benefits. And they
are slashing funds for Medicaid even as they give big tax cuts to people like Mr. Lee.
The attack on the safety net is motivated by ideology, not popular demand. The public isn't taken
with the vision of an "ownership society"; it seems to want more, not less, social insurance.
According to a poll cited in a recent Business Week article titled "Safety Net Nation," 67 percent of
Americans think we should guarantee health care to all citizens; just 27 percent disagree.
The question is whether the public's desire for a stronger safety net will finally be seconded by
corporations that haven't yet adopted the Wal-Mart model of minimal benefits and always low
wages.
Last year Richard Wagoner Jr., G.M's chief executive, gave a speech about the costs of America's
"Kafkaesque" health care system that sounded a lot like my recent columns. And his company has
made it clear that it likes Canada's system: in 2002 the president of General Motors of Canada and
the head of the Canadian Auto Workers signed a joint letter declaring that "it is vitally important
that the publicly funded health care system be preserved and renewed."
But according to The Journal Register News Service, which covered Mr. Wagoner's speech, he
"stressed later to reporters that he was not proposing a national health care plan." Why not?
E-mail: krugman@~ytimes, com ~ ~ : ~ ~ ~
Copyright 2005 T'he New York Tirnes Company I Home I Privacy Policy I Search I Corrections ~ rssl i Con,a '0.
http://www.nyfimes.com/2005/05/13/opinion/13kmgman.html?hp=&pagewanted=pfint 5/12/2005
Yahoo! Mail - spettinger~yahoo.com Page 1 of 3
Yahoo! MyYahoo! Mail Search l Search I
(he Web I
Welcome, s.ti.er
MAI L is,o_, out. ,y Account] Hail Home- Mail Tutorials- Help
Mail ', ] Addresses " Calendar v Notepad " What's New- Mail Upgrades - MaiIOptions
Previous [ Next I Back to Messaqes Printable View - Full Headers
We offer 4
credit card choices Delete I Reply "1 Forward v I Spam I Hove ....
Folders [Add - Edit] This message is not flagged. [ Flag Message - Hark as Unread ]
Inbox (385) '"rom Hughes, Democracy for America"
From: <info@democracyforamerica.com> ~l'~Add to Addresg:Book
Draft
Sent To: "sonia" < spettinger@yahoo.com>
Bulk [Empty] Subject: Made in China
Trash [Empty] Date: Thu, 12 May 2005 10:42:15 -0400
~ly Folders [Hide]
ANZAC Dear sonia, !i~i ~''
Whatever happened to good corporate citizenship?
1What's your Credit
Score? See it FREE!
In America today, a business you might know pays such poor wages its
iMortgage Rates workers have to turn to taxpayers to pay for their health care. The same firm
As Low As 2.9%! has made China, a totalitarian dictatorship that holds wages down by outlawing
unions, its supplier of choice - the source of 70 percent of its inventory.
1.99% Mortgage!
Limited Time !
And the family that owns this company and has become wildly wealthy? They
make sure to invest their money in the Republican Party - where they know
their investment will pay off with tax cuts for the richest few.
What company is this? Wal-Mart - the largest, richest corporation in the world.
Major organizations we work with - groups such as the Service Employees
International Union, and the United Food and Commercial Workers - believe
America's largest corporation should do better. To make that happen, they~/e
launched a massive campaign to show Americans the massive scale of Wal-
Mart's irresponsibility.
But those groups need allies. Should we join the fight? The choice is yours:
http://www.democracyforamerica.com~Nalmartvote
Some competitors of Wal-Mart know the value of doing well by doing good.
They pay living wages. They offer good benefits. And they earn steady profits -
http://us.f528.mail.yahoo.com/ym/ShowLetter?Msgld=6403_l 1019265_1579477_1313_2... 5/12/2005
Yahoo! Mail - spetlinger@yahoo.com Page 2 of 3
in part because they attract, and hold onto, high-quality workers. These
companies have helped make Amedca the wealthiest nation in the world and
they sustain our prosperity.
Wal-Mart takes a radically different approach. For it, every penny is profit - it
fights for every dollar, no matter how it gets it. The result?. You pay to make
Wal-Mart rich - through tax benefits and infrastructure bestowed by state and
local governments - even if you never shop there.
Take Georgia, a state where Wal-Mart ranks as the largest pdvate employer. In
2002, state officials there figured out that Wal-Mart employees had some
10,000 children on the rolls of PeachCare, the state's child health care
program. No other company's employees had even a thousand children on the
rolls - but Wal-Mart had no qualms about dumping its costs onto Georgia
taxpayers.
Wal-Mart used to make a point of keeping jobs in the United States by buying
American. Today, though, the company single-handedly accounts for nearly 10
percent of all Chinese goods sold in the United States. Wal-Mart keeps prices
Iow by stocking as much as 70 percent of its products from Chinese suppliers -
suppliers who pay wages kept Iow by a dictatorial government.
Those policies helped WaI-Mart's owners, the Walton family, build a fortune
worth tens of billions. That money makes the company a major force in
Washington. And the family uses its wealth to bankroll the radical right - it
spent millions last year to elect candidates devoted to eliminating the estate
tax, which affects only the wealthiest of the wealthy. Wal-Mart wealth is also
behind Progress for Amedca - a Republican front group the Waltons have
financed to the tune of millions of dollars.
America needs better corporate citizens, and Wal-Mart -the largest company in
the world - has the resources to stand on its own instead of exploiting people
overseas and piggybacking on American taxpayers and working families. But
making it live up to its responsibilities poses a huge challenge - because taking
on Wal-Mart means going up against the biggest corporation on Earth.
With an undertaking that massive, we need everyone on board. So you make
the call:
http://www.democracyforamerica.com/walmartvote
We know that America works best when we honor those whoWOrk hard land
play by the rules.
It's time to decide: shouldn't we teach Wal-Mart to do the same?
Sincerely, :~':
Tom Hughes
Executive Director, Democracy for America --
P.S. - Please forward this message to anyone you know who might be
interested in the issue.
http://us.f528.mail.yahoo.com/ym/ShowLetter?Msgid=6403_l 1019265_1579477_1313_2... 5/12/2005
Page 1 of 1
Marian Kart
From: Evan Fales [evan-fales@uiowa.edu]
Sent: Sunday, May 15, 2005 2:08 PM
To: council@iowa-city.org
Subject: zoning for Wal-Mart
Dear Council Members:
It is my understanding that the Council will be considering a proposal to rezone the land near the airport so as to
permit the construction of a WalMart superstore. I had hoped to attend the session, but likely will be unable to.
I want the Council to know that I am strongly opposed. I would far rather see the land remain fallow if there is
no interest in an industrial use.
I am sure you are well aware of the reasons why many people feel so strongly about the deleterious effects that
WalMart has on communities. And I, for one, would (and do) rather buy for more, than to support a company
that offers cheap prices on the backs of miserable wages to local workers (which often force workers to appeal
to public assistance for health care), and the exploitation of what is effectively slave labor overseas, especially
in China.
I see no reason xvhy Iowa City must follow the poor example of Coralville. The usual argument is that the City
needs to improve its tax base, and therefore needs to grow. I fail to see the logic. If you grow, you pay for
more city services and infrastructure. There are economies of scale; where do they lead? I have mentioned to
the Council before, and noxv will repeat one aspect of the logic of growth that I *do* understand. If you grow,
you get bigger. How much bigger? Iowa City is about 150 years old. At the present rate of growth, in another
150 years our population will be the same as that of present-day Los Angeles. Is that the legacy we wish to
leave for our great grandchildren? If not, ~vhen do we plan to stop growing?
Sincerely,
Evan Fales
1215 Oakcrest St.
I.C. 52246
5/16/2005
Page 1 of 2
Marian Karr
From: Baldridge, Thomas H [thomas-baldridge@uiowa.edu]
Sent: Monday, May 16, 2005 11:20 AM
To: council@iowa-city.org
Subject: Wal-Mart
Dear Council Members -- I've already shared this message with Ross but believe the rest of you should ponder its
meaning for our community.
Sincerely, Tom
Dear Thomas,
Whatever happened to good corporate citizenship?
In America today, a business you might know pays such poor wages its workers have to turn to taxpayers to pay
for their health care. The same firm has made China, a totalitarian dictatorship that holds wages down by
outlawing unions, its supplier of choice -- the source of 70 percent of its inventory.
And the family that owns this company and has become wildly wealthy? They make sure to invest their money
in the Republican Party -- where they know their investment will pay off with tax cuts for the richest few.
What company is this? Wal-Mart -- the largest, richest corporation in the world.
Major organizations we work with -- groups such as the Service Employees International Union, and the United
Food and Commercial Workers -- believe America's largest corporation should do better. To make that happen,
they've launched a massive campaign to show Americans the massive scale of Wal-Mart's irresponsibility.
But those groups need allies. Should we join the fight? The choice is yours:
http://www.democracyforamerica.com/walmartvote
Some competitors of Wal-Mart know the value of doing well by doing good. They pay living wages. They offer
good benefits. And they earn steady profits -- in part because they attract, and hold onto, high-quality workers.
These companies have helped make America the wealthiest nation in the world and they sustain our prosperity.
Wal-Mart takes a radically different approach. For it, every penny is profit -- it fights for every dollar, no matter
how it gets it. The result? You pay to make Wal-Mart rich -- through tax benefits and infrastructure bestowed
by state and local governments -- even if you never shop there.
Take Georgia, a state where Wal-Mart ranks as the largest private employer. In 2002, state officials there
figured out that Wal-Mart employees had some 10,000 children on the rolls of PeachCare, the state's child
health care program. No other company's employees had even a thousand children on the rolls -- but Wal-Mart
had no qualms about dumping its costs onto Georgia taxpayers.
Wal-Mart used to make a point of keeping jobs in the United States by buying American. Today, though, the
company single-handedly accounts for nearly 10 percent of all Chinese goods sold in the United States. Wal-
Mart keeps prices low by stocking as much as 70 percent of its products from Chinese suppliers -- suppliers
who pay wages kept low by a dictatorial government.
5/16/2005
Page 2 of 2
Those policies helped Wal-Mart's owners, the Walton family, build a fortune worth tens of billions. That money
makes the company a major force in Washington. And the family uses its wealth to bankroll the radical right --
it spent millions last year to elect candidates devoted to eliminating the estate tax, which affects only the
wealthiest of the wealthy. Wal-Mart wealth is also behind Progress for America -- a Republican front group the
Waltons have financed to the tune of millions of dollars.
America needs better corporate citizens, and Wal-Mart --the largest company in the world -- has the resources
to stand on its own instead of exploiting people overseas and piggybacking on American taxpayers and working
families. But making it live up to its responsibilities poses a huge challenge -- because taking on Wal-Mart
means going up against the biggest corporation on Earth.
With an undertaking that massive, we need everyone on board. So you make the call:
http://www~democracyforamerica~com/walmartvote
We know that America works best when we honor those who work hard and play by the rules.
It's time to decide: shouldn't we teach Wal-Mart to do the same?
Sincerely,
Tom Hughes
Executive Director, Democracy for America
P.S. -- Please forward this message to anyone you know who might be interested in the issue.
5/16/2005
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00002)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 29.26 ACRES FROM INTERIM
DEVELOPMENT RESIDENTIAL ZONE (ID-RS) TO PART LOW DENSITY SINGLE-FAMILY
RESIDENTIAL ZONE (RS-5 - 10.92 ACRES) AND PART MEDIUM DENSITY SINGLE FAMILY
RESIDENTIAL ZONE (RS-8 - 18.34 ACRES), SUBJECT TO CONDITIONS, FOR PROPERTY
LOCATED ON SOUTH SYCAMORE STREET NORTH OF SOUTHPOINT SUBDIVISION
WHEREAS, Steve Kohli has applied for a rezoning of approximately 29.26 acres of property from ID-RS
to part RS-5 (10.92 acres) and part RS-8 (18.34 acres); and
WHEREAS, said property is located on the west side of South Sycamore Street, south of Hollywood
Manor, and north the Southpoint subdivision; and
WHEREAS, the South District Plan identifies the area as appropriate for Iow to medium density single
family, residential development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has heard
public input, and has recommended approval subject to conditions; and
WHEREAS, the conditions recommended by the Commission are related to funding future Sycamore
Street improvements, access, and subdivision design considerations, in order to ensure the neighborhood
design principles in the South District Plan are addressed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement
attached hereto and incorporated herein, the property described below is hereby reclassified from Interim
Development Residential Zone (ID-RS) to part Low Density Single-Family Residential zone (RS-5 - 10.92
acres) and Medium Density Single-Family Residential zone (RS-8 - 18.34 acres):
RS-5 -
THAT PART OF THE MIDDLE THIRTY (30) ACRES OF THE FOLLOWING DESCRIBED
PROPERTY: THE EAST ~ OF THE SOUTHWEST ¼ AND THE EAST FIVE (5) ACRES OF THE
WEST ¼ OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF
SAID SECTION; THENCE N 01010'23" W, 931.32 FEET ALONG THE EAST LINE OF SAID SW 1/4;
THENCE S 87042'07'. W 28.25 FEET TO THE WEST RIGHT-OF-WAY LINE OF SYCAMORE
STREET; THENCE N 1°13'58" W 606.30 FEET ALONG SAID WEST RIGHT-OF-WAY TO THE
POINT OF BEGINNING; THENCE S 87°42'07" W 936.44 FEET; THENCE S 1°03'50" E 11.01 FEET;
THENCE S 88°56'10" W 88.53 FEET; THENCE WESTERLY 86.93 FEET ALONG A 300 FOOT
RADIUS CURVE, CONCAVE SOUTHERLY (SAID CURVE HAVING A CHORD OF 86.63 FEET AND
BEARING S 80038'04" W); THENCE S 72o19'59" W 120.01 FEET; THENCE WESTERLY 46.30
FEET ALONG A 150 FOOT RADIUS CURVE, CONCAVE NORTHERLY (SAID CURVE HAVING A
CHORD OF 46.12 FEET AND BEARING S 81°10'32'' W); THENCE N 89°58'56'' W 96.48 FEET TO
THE WEST LINE OF THE EAST FIVE ACRES OF THE WEST ½ OF SAID SW ¼; THENCE N
l°03'57" W 378.13 FEET TO THE SOUTH LINE OF AUDITOR'S PARCEL "A" (BOOK 34 PAGE
243); THENCE N 87°42'03" E, 1367.01 FEET ALONG THE SOUTH LINE OF SAID PARCEL "A"
AND THE SOUTH LINE OF HOLLYWOOD MANOR PARTS 6, 7, AND 8 TO THE WEST RIGHT-OF-
WAY LINE OF SOUTH SYCAMORE STREET; THENCE S 01°13'58" E, 325.22 FEET ALONG THE
WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING, CONTAINING 10.526 ACRES, AND
IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
And
Ordinance No.
Page 2
RS-8 -
THAT PART OF THE MIDDLE THIRTY (30) ACRES OF THE FOLLOWING DESCRIBED
PROPERTY: THE EAST Y2 OF THE SOUTHWEST ¼ AND THE EAST FIVE (5) ACRES OF THE
WEST ~ OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 79 NORTH, RANGE 6 WEST OF
THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ¼) OF
SAID SECTION; THENCE N 01°10'23'' W, 931.32 FEET ALONG THE EAST LINE OF SAID SW 1/4;
THENCE S 87°42'07" W 28.25 FEET TO THE WEST RIGHT-OF-WAY LINE OF SYCAMORE
STREET AND THE POINT OF BEGINNING; THENCE CONTINUING S 87°42'07'' W, 1369.72 FEET
TO THE WEST LINE OF THE EAST 5 ACRES OF THE WEST ¼ OF SAID SW ¼; THENCE N
1°03'57'' W 553.41 FEET; THENCE S 89058'56'' E 96.48 FEET; THENCE EASTERLY 46.30 FEET
ALONG A 150 FOOT RADIUS CURVE, CONCAVE NORTHERLY (SAID CURVE HAVING A CHORD
OF 46.12 FEET AND BEARING N 81010'32'' E); THENCE N 72019'59'' E 120.01 FEET; THENCE
EASTERLY 86.93 FEET ALONG A 300 FOOT RADIUS CURVE, CONCAVE SOUTHERLY (SAID
CURVE HAVING A CHORD OF 86.63 FEET AND BEARING N 80038'04'' E); THENCE N 88°56'10" E
88.53 FEET; THENCE N 1°03'50'' W 11.01 FEET; THENCE N 87042'07'' E 936.44 FEET TO THE
WEST RIGHT-OF-WAY LINE OF SOUTH SYCAMORE STREET, THENCE S 1°13'58'' E 606.30
FEET ALONG SAID WEST RIGHT-OF-WAY TO THE POINT OF BEGINNING CONTAINING 18.731
ACRES, AND IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement between the property owners, the applicant, and the City of Iowa City.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed
to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of 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.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this __ day of ,20
MAYOR
ATTEST:
CITY CLERK
C~ty At{6rffe~,'~ Office'
ppdadnYord/REZ04-OOOO2.doc
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ05-00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Steve Kohli (hereinafter "Applicant"), and Iowa State Bank and Trust
Co. (hereinafter "Owner"); and
WHEREAS, Owner is the legal titleholder of approximately 29.26 acres of property located on
the west side of Sycamore Street, east of Wetherby Park, north of SouthPointe subdivision; and
WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property
from Interim Development Residential zone (IDRS) to part Low-Density Single-Family
Residential zone (RS-5 - 10.92 acres) and part Medium-Density Single-Family zone (RS-8 -
18.34 acres); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding access, funding of future Sycamore Street improvements, and subdivision
design provisions, the timing of the rezoning is appropriate and the Iow to medium density
single-family residential zoning is in conformance with the South District Plan; and
WHEREAS, Iowa Code [}414.5 (2003) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property contributes to the future reconstruction of
South Sycamore Street, and generally conforms to the neighborhood design principles of the
South District Plan and Comprehensive Plan; and
WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and
conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Iowa State Bank and Trust is the legal title holder and Steve Kohli is the Applicant for a
rezoning of the property legally described as follows:
THE MIDDLE THIRTY (30) ACRES OF THE FOLLOWING DESCRIBED PROPERTY:
THE EAST % OF THE SOUTHWEST ¼ AND THE EAST FIVE (5) ACRES OF THE
WEST ~ OF THE SOUTHWEST ¼ OF SECTION 23, TOWNSHIP 79 NORTH, RANGE
6 WEST OF THE 5TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
(SW ¼) OF SAID SECTION; THENCE N 01°10'23" W, 931.32 FEET ALONG THE EAST
LINE OF SAID SW 1/4; THENCE S 87o42'07'' W 28.25 FEET TO THE WEST RIGHT-
OF-WAY LINE OF SYCAMORE STREET AND THE POINT OF BEGINNING; THENCE
CONTINUING S 87042'07'' W, 1389.72 FEET TO THE WEST LINE OF THE EAST 5
ACRES OF THE WEST % OF SAID SW ¼; THENCE N 01003'57.. W 931.55 FEET
ALONG SAID WEST LINE TO THE SOUTH LINE OF AUDITOR'S PARCEL "A" (BOOK
ppdadm/aglJcza-brookwood pointel 1
34 PAGE 243); THENCE N 87°42'03'' E, 1367.01 FEET ALONG THE SOUTH LINE OF
SAID PARCEL "A" AND THE SOUTH LINE OF HOLLYVVOOD MANOR PARTS 6, 7,
AND 8 TO THE WEST RIGHT-OF-WAY LINE OF SOUTH SYCAMORE STREET;
THENCE S 01°13'58'' E, 931.52 FEET ALONG THE WEST RIGHT-OF-WAY LINE TO
THE POINT OF BEGINNING, CONTAINING 29.257 ACRES MORE OR LESS, AND IS
SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential
development that conforms to the principles of the Comprehensive Plan and South
District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2003) provides
that the City of Iowa City may impose reasonable conditions on granting an applicant's
rezoning request, over and above the existing regulations, in order to satisfy public
needs caused by the requested change, including provisions for funding of the adjacent
arterial street, access to the property, and subdivision design principles. Therefore
Owner and Applicant agree to certain conditions over and above City regulations as
detailed below.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. The subdivider is required to contribute toward the cost of South Sycamore Street
improvement, at a rate of $2507.08 per acre of property, at the time of final plat
approval. Said funds will be deposited with the City of Iowa City prior to the first
occupancy permit being issued for any lot in any final plat on this property.
b. To ensure that utilities are provided for the development, construction of a
stormwater management system on Outlot 'A' in phase one shall be completed.
c. An easement to facilitate construction of sewer line from SouthPointe subdivision to
Sandhill Estates shall be created.
d. To fulfill neighborhood design principles in the South District Plan and
Comprehensive Plan, the following conditions shall apply to the subdivision design
for the property, a landscape buffer shall be created along Sycamore Street. The City
will landscape the buffer at the time of Sycamore Street upgrade and a payment
shall be made for this landscaping by the applicant at the time final plat approval.
The legal paper for the final plat shall specify that fencing, if any, shall be constructed
at least 25 feet to the west of sycamore street right of way to provide sufficient room
for the landscape buffer, to ensure better streetscape view.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2003), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
ppdadm/agt/cza-brookwood pointel 2
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City.of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this __ day of April, 200,~.
CITY OF IOWA CITY Iowa State Bank and TRUST Co.
Ernest Lehman, Mayor D ~¢~ ~{,¢.z,~4'/-/~,.r/¢;~
Marian K. Karr, City Clerk ~ ~'
Approved by:
City Atto~ney~ Offic~
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS;
JOHNSON COUNTY )
On this day of , A.D. 20 , before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman
and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said municipal corporation executing the within and
ppdadm/agt/cza-brookwood pointel 3
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
IOWA STATE BANK AND TRUST CO. ACKNOWLEDGEMENT:
STATE OF IoWA )
) SS:
JOHNSON COUNTY )
On this /~'~ day of /" , A.D. 20 C~5 , before me, the undersigned,
a Notary Public in and for the Stye of Iowa, personally appeared
to me personally known, ~vh%. being by me duly sworn, did say that 5the~ a~ the
~.,,~ ~ I~/;'~c {~re.~,~/~,~/,g~said corporation executing the within and foregoing instrument to
which this is attached, that said instrument was signed and sealed on behalf of the seal affixed
he. to is the seal of said corporation by authority of its Board of Directors; and that the said
~t~,~ ~ ~ ~ ~ ~.¢'~ ~as such officer~ acknowledged t~%execution of said instrument to be
the voluntary act and deed of said corporation, by it and by/ti)gert voluntarily executed.
N(~t~lry P~blic ~ ~r~d ~or"t~e State of Iowa
STEVE KOHLI ACKNOWLEDGEMENT:
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
ppdadm/agtJcza-brookwood pointe 1 4
On this ,% day of /~1~.~ , A.D. 20~j~ , before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared
to me personally known, who, being by me duly sworn, did say that' ~elt,
IV)~,j~.~t~.~'- , of said corporation executing the within and foregoing instrument to
which this is attached, that no seal has been procured by the said corporation; that said
instrument was signed on behalf of said corporation by authority of its Board of Directors; and that
the said ~'-~'~ )~J~l J', as such officer~ acknowledged the exe..~,u~n of said
instrument to' b'e the voluntary act and deed of said corporation, by it and by ~ voluntarily
executed. !!~l~ !u~l~c !n~.~ ~d ~o~~s a i d~C o
· ~ - ' ' ' ' -- ~'~and
N u State
ppdadm/agt/cza-brookwood poin~e 1 5
Ordinance No.
Page
It was moved by. and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
First Consideration 5/3/05
Vote for passage: AYES : Wilburn, Bailey, Champion, Elliott, Lehman, 0'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration 5/17/05
Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman,
0'Donnell. NAYS: None. ABSENT: None.
Date published
Prepared by: Drew Shaffer, Cable TV Administrator, 410 E. Washington St., Iowa City, Iowa 52240, 319-356-5046
ORDINANCE NO.
AN ORDINANCE REPEALING CITY CODE TITLE 12, CHAPTER 4 ENTITLED BROADBAND
TELECOMMUNICATIONS FRANCHISE ENABLING ORDINANCE, AND ADOPTING A NEW CHAPTER 4.
WHEREAS, the City has negotiated an extension of the franchise agreement with MCC Iowa LLC, pursuant to the
Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the
Telecommunications Act of 1996, and
WHEREAS, it is deemed in the interest of the City to provide for continuing cable television service to its residents,
and
WHEREAS, the existing Broadband Telecommunications Franchise Enabling Ordinance needs to be updated due to
changes in Federal law, the cable extension and the name change of the Iowa City Telecommunications Commission,
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. AMENDMENT. Title 12, Chapter 4 of the City Code is hereby repealed and a new Title 12, Chapter 4 is
adopted as follows:
CHAPTER 4. CABLE TELEVISION
DMSION 1. ENABLING ORDINANCE
Sec. 12-4-1: Short Title
Sec. 12'4'2: Definitions
Sec. 12-4-3: Cable Television Administrator and Iowa City Telecommunications Commission
Sec. 12-4-4: Regulatory Jurisdiction and Procedures
Sec. 12-4-5: Significance of Franchise
Sec. 12-4-6: The Cable Television Franchise ~
Sec. 12-4-7: Operation of Franchise
Sec. 12-4'8: Rights Reserved to the City ~ '
Sec. 12-4-9: Apphcations for Franchise ~',~ ~'~
Sec. 12-4-10: Acceptance and Effective Date of Franchise ~
Sec. 12-4-11: Termination of Franchise ~'>
Sec. 12-4-12: Reports and Records of the Grantee ·
Sec. 12-4-13: Franchise Payment
Sec. 12-4-14: Liability and Indemnification
Sec. 12-4-15: Bonds
Sec. 12-4-16: Fees, Rates and Charges
Sec. 12-4-17: Pubhc, Education and Government Connection to Cable Television System
Sec. 12-4-18: Interconnection of Network
Sec. 12-4-19: Construction Timetable for Initial Construction
Sec. 12-4-20: Construction Timetable for Rebuild Construction
Sec. 12-4-21: Network Description
Sec. 12-4-22: Network Technical Requirements
Sec. 12'4-23: Performance Measurements
Sec. 12-4'24: Construction Standards
Sec. 12-4-25: Erection, Removal and Common Use of Poles
Sec. 12-4-26: Construction Reporting Requirements
Sec. 12-4-27: Channels to be Provided
Sec. 12-4-28: Conditions of Street Occupancy
Sec. 12-4-29: Unauthorized Connections or Modifications
Sec. 12'4'30: Preferential or Discriminatory Practices Prohibited
Sec. 12-4-31: Installations, Connections, and Other Services
Sec. 12-4-32: Service Calls and Complaint Procedures
Sec. 12-4-33: Transfer
Sec. 12-4-34: Pubhcations Costs
Sec. 12-4-35: Ordinances Repealed
Sec. 12-4-36: Separability
Sec. 12-4-37: Time is of the Essence to this Ordinance
Sec. 12-4-38: No Waiver of Rights
Ordinance No.
Page 2
DIVISION 2. RATE REGULATIONS
Sec. 12-4'39: Rate Regulation Proceedings
Sec. 12-4-40: Certification
Sec. 12-4-41: Notification of Changes
Sec. 12'4-42: Cable Official
Sec. 12'4'1: Short title.
This article shall be known and may be cited as the Cable Television Franchise Enabling Ordinance.
Sec. 12-4-2: Definitions.
For the purpose of this article 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.
Access or public, government, and educational access c]~anne]s shall mean public, educational, government,
library, and University access channels.
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~nual gross revenues means all revenue received by the Grantee from all sources in connection with the
operation of Grantee's cable television system. Gross revenues shall include, without limitation, amounts for all cable
service, including but not limited to, basic service and tier service, premium and pay-per-view services, advertising,
leased access, installation and all other revenues derived from the operation of Grantee's cable television system. Gross
revenues shall not deduct the following: (1) any operating expense, (2) any accrual, including without limitation, any
accrual for commissions or (3) any other expenditures, regardless of whether such expense, accrual or expenditure
reflects a cash payment, but revenue shall be counted only once in determining Gross Revenue. Gross revenues shall
also include the revenue of any affiliate, subsidiary, parent, or any person or entity in which each Grantee has a
financial interest, derived from the operation of the cable television system for advertising, or for any other business
operation of the cable television system, to the extent such revenue is derived through any means that has the effect of
avoiding the payment of franchisee fees that would otherwise be paid to the Grantor. Revenues of both Grantee and an
affiliate, subsidiary, parent, or any person or entity in which the Grantee has a financial interest that represent a
transfer of funds between them and that would constitute gross revenues of both the Grantee and the affiliate,
subsidiary, parent, or any person or entity in which the Grantee has a financial interest shall be counted only once for
purposes of determining gross revenues. Gross revenues shall not include franchise fees, any other fee, assessment,
sales or other similar tax imposed by law on subscribers or that Grantee is legally obligated to collect.
Basic subscriber television services or basic services means a separately available basic service tier to which
subscription is required for access to any other tier of service. Such basic service tier shall, at a minimum, consist of the
following: all signals carried in fulfillment of the Cable Act, Sections 614 and 615; any public, educational, and
governmental access programming required in this ordinance or the franchise; any signal of any television broadcast
station that is provided by the cable operator to any subscriber, except a signal which is secondarily transmitted by a
satellite carrier beyond the local service area of such station. Additional signals may be added to the basic tier by the
Grantee.
Cable service means the one-way transmission to subscribers of (i) video programming, or (ii) other programming
service, and (fi) subscriber interaction, ff any, which is required for the selection (or use) of such video programming or
other programming service or as otherwise provided by law or regulation.
Cable television system ct~anne] capacity means 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 net-
work. The network may have additional channel capacity for specialized or discrete purposes, but the technical
performance specified shall not be materially degraded thereby.
Cable television c]~anne] means a portion of the electromagnetic frequency spectrum which is used in a cable
system and which is capable of delivering a television channel as defined by the Federal Communications Commission.
Cable television system or cable system, also referred to as system, means a facility, consisting of a set of closed
transmission paths and associated signal generation, reception and control equipment that is designed to provide cable
service which includes video programming and which is provided to multiple subscribers within a community, but such
term does not include O0 a facility that serves only to retransmit the television signals of one or more television
broadcast stations; (B) a facility that serves subscribers without using any public rights-of'way; (C) a facility of a
common carrier which is subject, in whole or in part, to the provision of Title II of the Cable Act, except that such
facility shall be considered a cable system to the extent such facihty is used in the transmission of video programming
directly to subscribers; or (D) any facilities of any electric utility used solely for operating its electric utility systems.
Cable television system, for the purpose of this Article, shall include facilities owned or operated by a person
providing cable service or multiple channels of video programming to subscribers on private property that receive
Ordinance No.
Page 3
cable service or multiple channels of video programming in whole or in part via cable, fiber or other wires or lines
that are within the public-rights'of'way regardless of whether the person providing cable service or multiple
channels of video programming on private property receives video programming transmission service, cable service,
or other multiple channel video service from a common carrier pursuant to tariff or otherwise or other person that
retains the ownership, control and responsibility for all facilities located outside of the private property line.
C]~annel £requency response means within a cable television channel, the relationship as measured at a subscriber
terminal between amplitude and frequency of a constant-amphtude input signal at all specified frequencies within each
channel.
City shall mean the City of Iowa City, Iowa, its officers and employees unless otherwise specifically designated, the
area within the territorial 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.
Closed'circuit or institutional service means such video, audio, data and other services provided to and between
institutional users. These may include, but are not limited to, one'way video, two-way video, voice, audio or digital
signals transmitted among institutions and/or to residential subscribers.
Commence operation means operation will be considered to have commenced when sufficient distribution facilities
have been installed so as to permit the offering of full network services to at least twenty-five (25) percent of the
dwelling units located within the designated service area.
Commission refers to the Iowa City Telecommunications Commission.
Communications Policy Act or Cable Actmeans the Cable Communications Policy Act of 1984,the Cable Television
Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 as it may be amended or
succeeded.
Complaint means an oral or written indication from a subscriber of a problem with any aspect of cable service.
Contiguous shah mean abutting or within two hundred (200) feet.
Council shall mean the City Council of the City of Iowa City, and any legally appointed or elected successor or
agency.
Data grade shah mean coded transmissions primarily digital in nature.
Days shah mean business days.
Downstream means the direction of transmission over the cable television system from the head end or hub to a
subscriber's terminal.
Drop shah mean a coaxial connection from feeder cable to the subscriber/user television set, radio or other
terminal.
Faiz~ market value means the price that a willing buyer would pay to a willing seller for a going concern based on
the system valuation prevailing in the industry at the time.
FCCshaH mean the Federal Communications Commission and any legally appointed or elected successor.
Fiber means a transmission media of optical fiber cable capable of carrying transmissions by means of light'
wavd impulses.
Fiber Node means the local transition point between the fiber distribution portion and the coaxial distribution
portion of the upgraded cable communications system.
Franchise means a franchise contract entered into voluntarily by the Grantee, containing the specific provisions of
the franchise granted, including referenced specifications, franchise proposal, applications and other related material.
The franchise granted pursuant to this ordinance grants the nonexclusive rights to construct, operate and maintain a
cable communications system along the streets and public ways and grounds within aH or a specified area in the City.
Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the
privilege of transacting and carrying on a business within the City as required by other ordinances and laws of the City.
Franchise area means the entire City, or portions thereof, for which a franchise is granted under the authority of
this ordinance. If not otherwise stated in the franchise, the franchise area shall be the corporate bruits of the City,
including aH territory thereafter annexed to the City.
Franchise £ee means the percentage, as specified by this ordinance, of the Grantee's gross revenues from all
sources payable in exchange for the rights granted pursuant to this ordinance and the franchise agreement.
Fu]]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 aff~iliate companies, associations
or organizations having any rights, powers, privileges, duties, liabihties or obligations, under this article, and under the
franchise ordinance, collectively called the franchise, and also includes all persons having any title to or interest in the
system, whether by reason of the franchise itself directly or by interest in a subsidiary, parent or af£fliate 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, and shah include the lawful successor, transferee, or a assignee of such franchisee or
Grantee.
Ordinance No.
Page 4
Head end shall mean the land, electronic processing equipment, antennas, tower, building and other
appurtenances normally associated with and located at the starting point of a cable television system, excluding the
studio.
Hub configuration means a cable television system design technology wherein all transmission paths either
originate or terminate at a central location within the community.
Installation shall mean the extension and/or construction of the system from the main trunk and/or feeder cable to
subscribers' terminals except where such a procedure is required by this article 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 facility, within the community remote from but connected to the hub, which
distributes signals from the hub to a specified area in the cable television system.
Local distribution center shall mean a facility which originates from a local distribution center as opposed to the
hub.
May is permissive.
Network noise means that combination of undesired and fluctuating disturbances within a cable television
channel, exclusive of undesired signals of discrete frequency which degrade the reproduction of the desired signal and
which are due to modulation processes, thermal effects and other noise-producing effects, not including hum. Network
noise is specified in terms of its RMS voltage or its mean power level as measured in a four-MHz band above the lower
channel boundary of a cable television system.
New housing area shall mean any area containing any newly constructed, rehabilitated, or restored residential or
commercial unit which does not exist prior to the effective date of the franchise.
Open video system shall mean any channel or a facility consisting of a set of transmission paths and associated
signal generation, reception and control equipment that is designed to provide cable television service, which
includes video programming, which is provided to multiple subscribers within a community, and which the Federal
Communications Commission or its successor has certified as compliant with Part 76 of the Rules of the Federal
Communications Commission, 47 C.F.R. Part 76, as amended from time to time.
Physical miles ofp]ant shall mean total miles of trunk, feeder, super-trunk, and fiber optic cable.
Person means an individual, partnership, association, organization or corporation or any lawful successor
transferee.
Public-rights-of-way or streets andpublic grounds means the sm'face, the air space above the surface, and the area
below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park,
parkways, waterways, utility easements or other public right-of-way now or hereafter held by the City which shall
entitle the City and the Grantee to the use thereof for the purpose of installing and maintaining the Grantee's cable
television system. No reference herein, or in any franchise, to the streets and public grounds shall be deemed to be a
representation or guarantee by the City that its title to any property is sufficient to permit its use for such purpose, and
the Grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the City as the City
may have the undisputed right and power to give.
Reasonable notice shall mean the provision of notice of contemplated action dehvered at least forty-eight (48)
hours prior to such action.
Resident means any person residing in the City or as otherwise defined by apphcable law.
Residential subscriber means a subscriber who receives a service in an individual dwelling unit where the service
is not to be utilized in connection with a business, trade or profession.
Sale shall include any sale, asset exchange or offer for sale.
Shall and must means 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.
Studio shall mean the land, electronic processing 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
cable television system, excluding the head end.
Subscriber terminal means an electronic device which converts signals to a frequency not susceptible to
interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view
all signals delivered at designated converter dial locations at the set or by remote control.
System facilities means the cable communications system constructed for use within the City, without limitation,
the headend, antenna, cables, wires, lines, towers, amplifiers, converters, health and property security systems,
equipment or facilities located within the corporate limits of the City designed, constructed or wired for the purpose of
producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave or other means, audio, radio,
television and electronic signals to and from subscribers, in the City and any other equipment or facilities located
within the corporate limits of the City intended for the use of the cable communications system; provided, however,
such system facilities excludes building, contracts, facilities, and equipment where its sole use is for providing service to
Ordinance No.
Page 5
other system facilities located outside the City hmits.
Substart]a]]y completed means operation will be considered substantially completed when sufficient distribution
facihties have been installed so as to permit the offering of full network services to at least ninety (90) percent of the
dwelhng units in the service area to which access is legally and reasonably available.
Terra,ha] Jso]atioz~ means at any subscriber terminal, the attenuation between that terminal and any other
subscriber terminal in that network.
Upstream means a signal originating from a terminal to another point in the cable television system including
video, audio or digital signals for either programs or other uses such as security alert services, etc.
Sec. 12-4-3: Cable Television Administrator and Iowa City Telecommunications Commission.
A. The City Manager is hereby authorized to appoint a Cable Television Administrator for the purpose of exercising
the City's continuing administration of the franchise. Such responsibility shall include but not be limited to the
following matters:
1. 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 cable television
system and other distribution systems interconnected with the cable television system, not frrst able to
resolve their differences.
2. Report recommendations upon complaints, disputes or disagreements after investigation to the Iowa City
Telecommunications Commission for the issuance of finding.
3. 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 Cable Television Enabhng Ordinance.
4. Work with the public and the media to assure that all tariffs, rates, charges and rules pertinent to the
operation of the cable television system in the City of Iowa City, Iowa, are made available for inspection by
the pubhc at reasonable hours and upon reasonable request.
5. Confer and coordinate with the Grantee on the interconnection of the City's cable television system with
other similar networks.
6. Advise the Iowa City Telecommunications Commission.
7. Other such duties as the City Manager or Iowa City Telecommunications Commission may assign.
8. Promote usage and understanding of the access channels.
9. Research and recommend new technologies that may be useful to the City, community, and cable system.
B. Commissior establis]~ed: Within thirty (30) days of the granting of the first franchise, there shall be appointed a
Commission to be known as the Iowa City Telecommunications Commission.
C. Composition and term: The Iowa City Telecommunications Commission shall consist of five (5) citizens of the City
appointed by the City Council for a term of three (3) years; except, that the first appointees shall be appointed one
(1) for a term of one (1) year, two (2) for a term of two (2) years and two (2) for a term of three (3) years; and
thereafter, each shall be appointed for a term of three (3) years. Following system completion, it is recommended
that a majority of the members be subscribers to the system at the time of their appointment.
D. Powers ~rd duties: The duties of the Iowa City Telecommunications Commission shall be as follows:
1. Resolving disputes or disagreement between subscribers, potential subscribers and Grantee should such
parties be unable frrst to resolve their dispute. The Iowa City Telecommunications Commission shall
conduct a public hearing upon any petition by any person seeking resolution of a dispute concerning the
operation of any franchise granted hereunder. The hearing shall be conducted pursuant to the Iowa
Administrative Code, and following such hearing, the Iowa City Telecommunications 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.
2. 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 cable television system so as to insure that the
necessary reports are completed and fulfilled pursuant to the terms of this ordinance.
3. Work with the public and the media to assure that all records, rules and charges pertinent to the cable tele'
vision system in the City of Iowa City are made available for inspection at reasonable hours upon reasonable
notice.
4. Confer with the Grantee and advise on the interconnection of the City's cable system with other cable and
communications systems.
5. Subsequent to the initial franchise, solicit, review and provide recommendations to the City Council for
selection of applicants for franchise under this ordinance.
6. Initiate inquiries, receive requests for review of rates charged by the Grantee and provide recommendation
on such actions to the City Council.
7.Conduct evaluations of the system at least every three (3) years with the Grantee and, pursuant thereto,
Ordinance No.
Page 6
make recommendations to the Council concerning system improvements and amendments to this ordinance
or any franchise agreement.
8. Establish and administer sanctions as authorized by the City Council to insure compliance with this ordi-
nance.
9. To make recommendations to the Grantee of the cable television system and to the educational and
governmental users of the educational and governmental access channels.
10. To insure that the Grantee makes the public access channel available to all residents of the City on a
nondiscriminatory basis.
11. To assure that the operation of the pubhc access channel be free of program censorship and control.
12. Cooperate with the entities operating access channels as those entities develop rules for such channels.
13. To perform such other duties and functions relative to public access channels as may be appropriate in order
to maximize 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.
D. Rules andre~u]ations: The Iowa'City Telecommunications 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 Iowa City Telecommunications Commission and the hearings are held promptly in
accordance with reasonable notice to all parties. The Iowa City Telecommunications Commission shall also have
such powers to include the election of its own officers.
Sec. 12-4-4: Regulatory jurisdiction and procedures.
A. Continuing regu]atory 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 it may deem necessary for the conduct of the business contemplated thereunder. Provided, how'
ever, such exercise of rights or powers subsequent to the effective date of a franchise will not impair the rights of
the Grantee thereunder, and if locally imposed, place an undue financial burden on such Grantee.
B. Regu]atory procedures:
1. The Iowa City Telecommunications Commission shall consider any inquiry or proceeding, excluding those de-
scribed in Paragraphs 2 and 3 below, requiring City Council action to be taken in regard to the cable television
system or franchise, whether upon apphcation or request by the Grantee or any other party or on its own mo-
tion and shall submit such consideration, together with the Iowa City Telecommunications Commission's rec-
ommendation, to the City Council. Any action by the City Council on any Iowa City Telecommunications Com-
mission recommendation shall be taken only after thirty (30) days notice of said proposed action, inquiry or
proceeding is pubhshed 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. Mem'
bets of the pubhc 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 Council
and the Grantee. The decision of the City Council shall become a final determination.
2. Rate regulation procedures shall be conducted in accordance with the timeframe estabhshed in Division 2,
Rate Regulations.
3. The City shall have one hundred twenty (120) days to act upon any request for approval of a transfer that
contains or is accompanied by such information as is required in accordance with FCC regulations and by the
City. If the City fails to render a final decision on the request within one hundred twenty (120) days, such
request shall be deemed granted unless the requesting party and the City agree to an extension of time.
4. The pubhc notice required by this section shall state clearly the action or proposed action to be taken, the time
provided for response, including response by the pubhc, 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 pubhc notice shall give the date, location and time of such hearing. The Grantee will be provid-
ed with reasonable notice for any hearing conducted in regard to its operation.
C. Triennial franchise review:
1. On or about the third and sixth 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 reasonably make available specified records, documents and information for
this purpose, and may inquire in particular whether the Grantee is supplying a level and variety of services
equivalent to those being generally offered at that time in the industry in comparable market situations.
2. The City shall f~rst confer with the Grantee regarding modifications in the franchise which might impose
additional obhgations on the Grantee, and the Grantee may in turn seek to negotiate relaxations in any
Ordinance No.
Page 7
requirements previously imposed on it which are subsequently shown to be impractical.
3. 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 incorporated into the franchise and the Grantee may similar'
ly file with the City a written request that specified obhgations of its franchise be removed or relaxed. Imple-
mentation of such requests shall correspond as nearly as possible with the procedures set forth herein. The
Iowa City Telecommunications Commission will recommend to Council changes in the franchised rights and
obhgations of the Grantee only if it finds from all available evidence that such changes will not impair the eco-
nomic viability of the system or degrade the attractiveness of the system's service to present and potential
subscribers.
D. Ex]Mration: Upon completion of the term of any franchise granted under this ordinance, the City may in its sole
discretion grant or deny renewal of the franchise of the Grantee in accordance with the provisions of the Cable Act.
Sec. 12-4-5: Significance of franchise.
A. Franchise nonexcIusive: Any franchise granted hereunder by the City of Iowa City, Iowa, shall not be exclusive
and the City reserves the right to grant a franchise to any person, £rrm, company, corporation or association at any
time. The grant of one franchise does not establish priority for use over the other present or future permit or
franchise holders or the City's own use of the streets and public grounds. The City shall at all times control the
distribution of space in, over, under or across all streets or public grounds occupied by the cable communications
system.
B. Francl~ise amendabIe: The scope of any franchise granted hereunder shall be deemed amendable from time to
time by mutual consent, to allow the Grantee and the City to innovate and implement new services and
developments.
C. PrivHeges must be specilled: No privilege or exemption shall be inferred from the granting of any franchise uuless
it is specifically prescribed. Nothing in this article shall be deemed to require the granting of a franchise when in
the opinion of the Council it would not be in the pubhc interest to do so.
D. 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 which have been or may
hereafter be dedicated and open to pubhc use in the City, towers, antennas, poles, cables, electronic equipment and
other network appurtenances necessary for the operation of a cable television system in the City, subject to
hmitations contained in this ordinance.
E. Previous rights abandoned: A franchise granted hereunder shall be in lieu of any and all other rights, privileges,
powers, immunities and authorities owned, possessed, controlled or exercisable by a Grantee or any successor
pertaining to the construction, operation or maintenance of a cable communications system in the City. The
acceptance of a franchise shall operate, as between Grantee and the City, as an abandonment of any and all 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.
F. Subject to other regulatory agencies' rules and regulations: The Grantee shall at all times during the life of any
franchise granted hereunder be subject to all lawful exercise of the pohce power by the City and other duly
authorized regulatory state and federal bodies.
G. Pole use agreements required: No franchise granted hereunder shall reheve the Grantee of any obhgation
involved in obtaining pole or conduit use agreements from the gas, electric and telephone companies, or others
maintaining poles or conduits in the streets of the City, wherever the Grantee finds it necessary to make use of
said poles or conduits.
H. No right o£property: The award of any franchise hereunder shall impart to the Grantee no right of property in or
on City'owned property.
I. Franchise binding: All provisions of this article and any franchise granted hereto shall be binding upon the
Grantee, its successors, lessees or assignees.
J. Genera] City ordinances: Any franchise granted by the City is hereby made subject to the general ordinance
provisions now in effect and hereafter made effective. Nothing in the franchise shall be deemed to waive the
requirements of the various codes and ordinances of the City regarding permits, taxes, fees to be paid, or manner
of construction.
K. No v~aiver o£rights: No course of dealing between the Grantee and the City nor any delay on the part of the City
in exercising any rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the
actions of the Grantee in contravention of rights except to the extent expressly waived by the City or expressly
provided for in the franchise.
Sec. 12-4-6: The cable television franchise.
No cable communications system, open video system, or person providing cable service shall be allowed to
occupy or use the streets of the City or be allowed to operate within the City without a franchise granted pursuant to
Ordinance No.
Page 8
this Article. All cable television franchises in the City shall be subject to the terms of this Ordinance. Any franchise
granted for an open video system shall comply with all sections of this Article, unless precluded from comphance by
specific sections of applicable law.
A. Franchise required: No person, firm, company, corporation or association shall construct, install, maintain or
operate within any pubhc street in the City, or within any other pubhc property of the City, any equipment or
facilities for the distribution of cable service over a cable television system or an open video system to any
subscriber unless a franchise authorizing the use of the streets or properties or areas has first been obtained
pursuant to the provisions of this article, and unless such franchise is in full force and effect. Any franchise
granted for an open video system shall comply with all sections of this Ordinance, unless precluded from
compliance with specific sections by Federal or state law, rule, or regulation.
B. Franchise appYications: Pubhc Notice of Request for Proposals. The City may invite apphcations for a cable
television franchise by means of a public notice advertising the availability of its Request for Proposals.
1. The pubhc notice shall contain, but need not be limited to:
a. A description of the franchise area which is sought.
b. A statement that a formal Request for Proposals is available to prospective apphcants from a City
official whose name, address, and telephone number are specified.
c. A statement that apphcations for the franchise must be submitted in writing in the form and manner
specified in the Request for Proposals no later than a date certain.
d. A statement that all apphcations will be made available for pubhc inspection during normal business
hours at a specified location.
C. Request for proposals: Prior to inviting any apphcations for any television franchise, the City shall prepare a
Request for Proposals that shall contain, but need not be hmited to, the following:
1. A description of the cable television system and services desired by the City including any system specifications
established by the City.
2. A statement specifying the form that all applications shall follow.
3. A statement indicating the amount of the apphcation fee (if any) to be submitted with the application, and the
manner in which such fee is to be submitted.
4. A statement that all applications must contain the information required by the Request for Proposal.
5. The closing date for the submission of applications.
6. The name, address, and telephone number of the City official(s) who may be contacted for further information.
D. Rewew of qua]iY~cations: Specific permission to operate a cable television system under the provisions of this
article may be granted by the City Council of the City to any Grantee after: a review of the legal, character,
financial, technical qualifications; an analysis of adequacy and feasibility of the Grantee's construction arrange-
ments; an assessment of whether pubhc, educational and governmental access cha ~nnel and institutional network
capacity, equipment, facilities, services, and financial support are reasonable; a determination of whether the
proposal meets the future cable communications needs of the City; and a review of the provision of other such
information, equipment, services and support as required by the City, and after the City Council has approved the
Grantee's qualifications as a part of a pubhc proceeding affording due process.
E. City discretion: The City, at its discretion, may reject any application for a franchise. In awarding a franchise, the
City: shall allow the applicant's cable system a reasonable period of time to become capable of providing cable
service to all households in the franchise area; may require adequate assurance that the cable operator will
provide adequate pubhc, educational, and governmental access channels and institutional network capacity,
equipment, facilities, services, and financial support; shall determine the ability of the proposal to meet the future
cable communications needs of the City; and may require adequate assurance that the cable operator has the
financial, technical, or legal qualifications to provide cable service.
F. Requirement for public hearing on reasonable notice: The City shall conduct a pubhc hearing prior to awarding
any cable television franchise. The hearing shall be preceded by reasonable notice to each of the franchise
apphcants and to the pubhc, and shall be conducted by the City in accordance with the following procedures:
1. There shall be an agenda for the hearing which shall specify the proposal(s) to be considered at the hearing.
2. Every person who has apphed for a cable television franchise shall appear at the hearing either in person or by
authorized representative. The apphcation of any apphcant not so appearing shall not be further considered,
except for good cause shown.
3. All applicants shall be given opportunity to participate in the hearing, but nothing contained herein shall limit
the power of the presiding officer to establish reasonable time hmits and otherwise limit repetitive statements
or questions.
4.The notice of hearing shall:
a. Conform to all relevant state and local laws and ordinances.
b. Describe the agenda to be considered at the public hearing.
Ordinance No.
Page 9
c. Indicate that copies of all franchise apphcations are available for public inspection during normal business
hours at a place to be specified in the notice.
G. Duratior o££ranc]~ise: 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 12-4-10 and shall continue in full force and
effect for a term to be set by the Council in the franchise.
H. Exemptions: Paragraphs B, C, D, E, and F of this section do not apply to an incumbent operator afforded renewal
rights under Section 626 of the Cable Act.
Sec. 12-4-7: Operation of franchise.
A. Operation to be i~ accordance v/it]~ ruies: The Grantee shall maintain and operate its cable television system in
accordance with the Rules and Regulations of the Federal Communications Commission, the State of Iowa and/or
the City as are incorporated herein or may be promulgated.
B. Interruption of service; notification: The Grantee, whenever it is necessary to interrupt service over the cable
television system 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 shah give reasonable notice thereof to the affected subscribers.
C. O£1'~ce andphone for complaints: The Grantee shah maintain an office within the City hmits which shall be open
during all normal business hours, including some week night and Saturday hours, have a hsted local telephone
number and be so operated that complaints and requests for repairs or adjustments may be received at any time.
D. Service records maintained: The Grantee shall at all times make and keep a hst of all complaints and
interruptions or degradation of service received or experienced during the term of franchise. The records
maintained above shah also include complaint response time and service restoration period and shall be
continuously open to inspection, examination or audit, subject to subscriber privacy rights pursuant to Section 631
of the Cable Act, by any duly authorized representative of the City or member of the pubhc.
E. Grantee rules and regulations: The Grantee shah 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 article and any franchise granted hereunder.
1. Rules to be in conformance with other regulations: None of such rules, regulations, terms and conditions
promulgated under subsection (f) above shall be in conflict with the provisions 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.
2. All rules to be filed with City: Three (3) copies of all rules, regulations, terms and conditions promulgated
under subsection (f) above; together with any amendments, additions 5r deletions thereto, shall be kept
currently on file with the City Clerk and another copy thereof shall be maintained for pubhc inspection during
normal business hours at Grantee's office in the City and the copy shall be provided to the Iowa City
Telecommunications Commission; no such rules, regulations, terms, conditions or amendments, additions or
deletions thereto shall take effect unless and until so fried and maintained. This paragraph is not intended to
apply to the Company's personnel and other internal rules and regulations.
F. Subscribers'antennas: The Grantee shah 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.
G. Antenna switch: The Grantee, upon request from any subscriber, shah install at a reasonable charge a switching
device to permit a subscriber to continue to utilize the subscribers own television antenna.
H. Service response: The Grantee 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-four (24) hours.
I. State o£the art: This section shah be reviewed by the City during its triennial reviews whose timeframes are set
forth in Section 12-4-4 (C). In the event that the Grantee, its parent company, management frcm or affiliates have
installed state of the art improvements in any system of similar size owned by Grantee, its parent company,
management from or affiliates, which increase channel capacity and provide additional cable service, make bi-
directional capacity operational from the home, provide improvements in technological performance, provide for
interactive services, and/or other substantial improvements, then the Grantee shah make said improvements
available to the City of Iowa City subscribers within one (1) year.
The City shall hold a hearing to determine whether state of the art technology is required hereunder. Such
hearing shall afford the Grantee an opportunity to make a presentation on the state of the art and whether the
conditions specified herein indicate that a state of the art change is needed. The City may require the Grantee to
implement state of the art changes which meet the threshold specified herein.
Ordinance No.
Page 10
Sec. 12-4-8: Rights reserved to the City.
A. Governing requirement: At all times during the term of the franchise, Grantee shall comply with all laws, rules or
regulations of the City, state or federal governments, their regulatory agencies or commissions which are now
applicable or may be apphcable hereafter to the construction and operation of the cable communications system,
including without hmitation, all laws, ordinances, or regulations now in force or hereafter enacted. Nothing herein
shall be deemed a waiver of Grantee's right to challenge the vahdity of any such law, rule or regulation.
B. Change in law or regulation: Notwithstanding any other provisions of this ordinance to the contrary, the Grantee
shall at all times comply with all laws and regulations of the local, state and federal government. In the event that
any actions of the state or federal government or any agency thereof, or any court of competent jurisdiction upon
final adjudication, substantially reduce in any way the power or authority of the City under this ordinance or the
franchise, or if in comphance with any local, state, or federal law or regulation, the Grantee finds conflict with the
terms of this ordinance, the franchise, or any law or regulation of the City, then as soon as possible following
knowledge thereof, the Grantee shall notify the City of the point of conflict beheved to exist between such law or
regulation and the laws or regulations of the City, this ordinance and the franchise. The City, at its option, may
notify the Grantee that it wishes to negotiate those provisions which are affected in any way by such modification
in regulations or statutory authority. Thereafter, the Grantee shall negotiate in good faith with the City in the
development of alternate provisions which shall fairly restore the City to the maximum level of authority and
power permitted by law. The City shall have the right to modify any of the provisions to such reasonable extent as
may be necessary to carry out the full intent and purpose of this ordinance and the franchise, subject to apphcable
federal and state law.
C. Authority: The City reserves the right to exercise the maximum plenary authority, as may at any time be lawfully
permissible, to regulate the cable television system, the franchise and the Grantee. Should apphcable legislative,
judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City and
the Grantee shall negotiate in good faith to determine what additional regulation by the City shall be permissible.
D. Right o£amendment reserved to City: The City may from time to time, add to, modify or delete provisions of this
article as it shall deem necessary in the exercise of its regulatory powers. Provided, however, such exercise of
rights or powers subsequent to the effective date of a franchise will not impair the rights of the Grantee
thereunder, and if locally imposed, place an undue financial burden on such 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.
E. Grantee agrees to City's rights: The City reserves every right and power which is required to be reserved or
provided by an ordinance of the City, and the Grantee by its acceptance of the franchise agrees to be bound thereby
and to comply with any action or requirements of the City in its lawful exercise of such rights or powers which
have been or will be enacted or estabhshed, subject to federal and state law.
F. 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, provided, however, Grantee shall not be obhgated to indemnify the City for any such suit.
G. Powers of the City: Neither the granting of any franchise nor any provision governing the franchise shall
constitute a waiver or bar to the exercise of any governmental right or power of the City.
H. City's right o£inspection: The City reserves the right during the life of any franchise granted hereunder to inspect
all system facilities and property and supervise all construction or installation work performed subject to the
provisions of this article and to perform network measurements to insure compliance with the terms of the article.
I. City's right of acquisition: Upon expiration of the term of the franchise or revocation or other termination as
provided by law, the City shall have the right to purchase the cable television system as specified in Section 12-4-
11,D.
J. City's right o£networ]~ installation: The CiW 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 following conditions: that such installation and maintenance thereof
does not interfere with the operation of the Grantee; that such fixtures be used for governmental and educational
purposes, and the City agrees to indemnify the Grantee for such use.
Sec. 12'4-9: Applications for franchise.
No franchise may be granted until the applicant has successfully completed the apphcation procedure.
A. Proposa! bond and firing £ee.' All apphcants must provide a proposal bond as required herein and pay a nonrefun-
dable fihng fee to the City of ten thousand dollars ($10,000.00) the time the apphcation is submitted. This
bond and fihng fee does not apply to an incumbent operator afforded renewal rights under Section 626 of the
Cable Act. '
B. Request £orproposa]: All applicants must complete the request for proposal (RFP) issued by the City which shall
include but not be hmited to the following:
Ordinance No.
Page 11
1. Name and addr. ess of applicant: The name and business address of the applicant, date of application and
signature of applicant or appropriate corporate officer(s).
2. 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 article,
management and marketing staff complement and procedures and, if available, the rules of operation for
public access.
3. Signal carriage: A statement of the television and radio services to be provided, including both off-the-air and
locally originated signals.
2t. Special services: A statement setting forth a description of the automated services proposed as well as a
description of the funds, services, and production facilities to be made available by the Grantee for the public,
municipal and educational channels required to be made available by the provisions of this article.
5. Schedule of charges: A statement of the applicant's proposed schedule of charges as set forth herein.
6. Corporate organization: A statement detailing the corporate organization of the applicant, ff any, including the
names and addresses of its officers and directors and the number of shares held by each officer and director.
7. 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 (3%) per cent or
more of applicant's outstanding stock.
8. Intra-company relationships: A statement describing all intra-company relationships of the applicant,
including parent, subsidiary or affiliated companies.
9. Agreements and understandings: A statement 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 operation thereof existing at the time of proposal
submittal.
10. Financial statement: If applicant is a corporation, audited financial statements for the two (2) previous fiscal
years. If applicant is a partnership, copies of the U.S. Partnership Return of Income (IRS Form 1065) for the
two (2) previous fiscal years. If the applicant is a sole proprietorship, copies of the U.S. Individual Income Tax
Return (IRS Form 1040) for the two (2) previous fiscal years.
11. Financial projection: A ten-year operations pro forma which shall include the initial and continuous plant
investment, 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 incorporated in the pro forma as required in this article, but shall be separately identified in the
pro forma.
12. Financial support: Suitable written 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.
13. Construction timetable: A description of system construction including the timetable for provision and
extension of service to different parts of the City.
14. 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.
15. Technical statement: A statement from the applicant's senior technical staff member or consultant advising
that he/she has reviewed the network description, the network technical standards, performance
measurements, channels to be provided, service standards, construction standards and conditions of street
occupancy as set forth in or required by this ordinance, and that the applicant's planned network and
operations will meet all said requirements.
16. Existing franchises: A statement of existing franchises held by the applicant including when the franchises
were issued and when the systems were constructed and the present state(s) of the system(s) in each
respective governmental unit, together with the name and address and phone number of a responsible
governmental official knowledgeable of the applicant.
17. Convictions: A statement as to whether the applicant or any of its officers or directors or holders of three (3)
per cent 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 simple misdemeanor traffic offense, and the disposition of such case.
18. 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 fran'
ChiSe.
19. Franchise renewal information: Subject to Section 626 of the Cable Act, if an application is for renewal of a
franchise, the proposal must include, in addition to the information required in subsections (1) through (18)
above:
Ordinance No.
Page 12
a. A summary of the technical, financial and programming history of the network since the granting of the
original franchise.
b. 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-year review
period.
C. SpecJaI interests: In order to maximize the potential of the cable television system, comparative evaluations of
apphcations will reflect the City's special interest in the following areas:
1. Programming and production assistance: A proposal for funding facilities, equipment or personnel beyond
those required elsewhere to be designated to effect and promote pubhc, educational, and government access,
and community programming development.
2. Discrete carriage capacity: A proposal for the origination, experimental uses and/or interconnection by or of
agencies specified in Section 12-4' 17 for speciahzed needs and a plan accommodating such future needs as may
arise.
3. Bi-directional capacity: A proposal for effectuating the cable television system's bi-directional capacity and inte-
gration of the City's interactive system.
4. Multi-o~igination: A proposal for 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.
5. University of Iowa: A proposal for interconnecting the City's cable television system 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.
6.Converters: A proposal for inclusion of converters or other subscriber technology as part of the basic service.
7. Institutional network: A proposal to provide bi-directional interconnection of video, voice, audio and data
among pubhc sector locations and interconnect to the subscriber network.
8. Home interactive: A proposal to provide two'way services to subscribers' homes.
D. Additional requYrements: The apphcation for franchise shall respond specifically, and in sequence, to the RFP.
Twenty (20) copies of the apphcation shall be supplied to the City. The City may, at its discretion, consider
such additional information as part of the apphcation.
E. Supp]ementat]on to app]ications: The City reserves the right to require such supplementary, additional or other
information as the City deems reasonably necessary for its determinations. Such modifications, deletions, addi-
tions or amendments to the apphcation shall be considered only ff specifically requested by the City.
Sec. 12-4-10: Acceptance and effective date of franchise.
A. Franchise acceptance procedures: Any franchise awarded hereunder and the rights, privileges and authority
granted thereby shall take effect and be in force from and after the sixtieth (60th) day following the award thereof,
provided that within sixty (60) days following award from the effective date the Grantee shall file with the City the
following:
1. A notarized statement by the Grantee of unconditional acceptance of the franchise, and
2. A certificate of insurance as set forth in Section 12-4-14, and
3. A letter of credit as set forth in Section 12-4'15 herein, and
4. Reimbursement to the City for the costs of publication of this article, and cost of the initial franchising process,
and
5. Written notification of the Grantee's location and address for mail and official notifications from the City.
B. For£eiture o£proposal bond: Should the Grantee fail to comply with subsection (A) above, it shah acquire no rights,
privileges or authority under this article 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.
C. Grantee to have no recourse: The Grantee shall have no monetary recourse whatsoever against the City for any
loss, cost, expense or damage arising out of any provision or requirement of this article or its regulation or from the
City's lawful exercise of its authority to grant additional franchises hereunder. This shah not include negligent
acts of the City, its agents or employees.
D. Acceptance o£power and authority o£ 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.
E. Inducements not offered: The Grantee, by accepting any franchise awarded hereunder acknowledges that it has
not been induced to enter into the franchise by any understanding or promise or other statement, whether verbal
or written, by or on behalf of the City concerning any term or condition of this franchise that is not included in this
article.
Sec. 12-4-11: Termination of franchise.
A. 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:
Ordinance No.
Page 13
1. If the Grantee should default in the performance of any of its material obligations under this article or the
franchise and fails to cure the default within sixty (60) days after receipt of written notice of the default from
the City, or such longer time as specified by the City.
2. If the Grantee should fail to provide or maintain in full force and effect the construction bond, letter of credit
and habihty and indemnification coverages as required in this article.
3. If a petition is fried 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.
4. If a receiver, trustee or hquidator of the Grantee is applied for or appointed for all or part of the Grantee's
assets.
5. If the Grantee makes an assignment for the benefit of creditors.
6. If the Grantee violates any order or ruling of any State or Federal regulatory body having jurisdiction over the
Grantee, unless the Grantee or any party similarly affected is lawfully contesting the legality or apphcability of
such order or ruhng and has received a stay from a Court of appropriate jurisdiction.
7.If the Grantee evades any of the provisions of this ordinance or the franchise.
8.If the Grantee practices any fraud or deceit upon the City or cable subscribers.
9. Subject to Sections 12-4-19 and 12-4-20, if the Grantee's construction schedule is delayed later than the
schedule contained in the franchise or beyond any extended date set by the City.
10. If the Grantee materially misrepresents facts in the apphcation for a franchise.
11. If the Grantee ceases to provide services over the cable communications system for seven (7) consecutive days
for any reason within the control of the Grantee.
12. If the Grantee fails to comply with any material access provisions of this ordinance or the franchise.
B. Procedure prior to revocation: Upon the occurrence of any of the events enumerated in subsections (A) (1), (2),
(11), (12), and (13) 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-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.
C. Effect of pending litigation: Unless a stay is issued by a Court of appropriate jurisdiction, pending litigation or any
appeal to any regulatory body or court having jurisdiction over the Grantee shall not excuse the Grantee from the
performance of its obligations under this ordinance or the franchise. Failure of the Grantee to perform material
obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the
provisions of this section.
D. Purchase of s/stem by City: If a renewal of a franchise held by a Grantee is denied and the City acquires
ownership of ~the cable system or effects a transfer of ownership of the system to another person, any such
acquisition or transfer shall be:
1. At fair market value, determined on the basis of the cable system valued as a going concern but with no value
allocated to the franchise itself, or
2. In the case of any franchise existing on the effective date of this title, at a price determined in accordance with
the franchise if such franchise contains provisions applicable to such an acquisition or transfer.
3. If a franchise held by the Grantee is revoked for cause and the City acquires ownership of the cable system or
effects a transfer of ownership of the system to another person, any such acquisition or transfer shall be at an
equitable price.
E. Restoration ofpub]ic and private property: In removing its plants, structures and equipment, the Grantee shall
refill at its own expense any excavation made by it and shall leave all public ways and places and private property
in as good condition as existed prior to the Grantee's removal of its equipment and appliances, 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,
indemnity, the performance bond and security fund provided in this article shall continue in full force and effect
during the period of removal.
F. Restoration by City, reimbursement of costs: If the Grantee fails to complete any work required by subsection (D)
above or any work required by other 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 hst of such costs, or the City may recover such costs as provided in this
article.
G. Lesser sanctions: Nothing shall prohibit the City from imposing lesser sanctions or censures than revocation.
H. 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 t. he franchise for an extended period of time not to exceed
Ordinance No.
Page 14
six (6) months from the date of any such resolution under the same terms and conditions as specified in this
ordinance and the franchise. All provisions shall continue to apply to operations 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.
Sec. 12-4'12: Reports and records of the Grantee.
A. Annual iinancia! 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 four (4) months
after the end of each subsequent fiscal year, two (2) copies of.'
1. The report to its stockholders; and
2. An annual, fully-audited and certified revenue statement from the previous calendar year for the Iowa City
system, including subscriber revenue from each category of service and every source of non-subscriber reve'
Due.
B. Annua! £aci]ities'report required: Within thirty (30) days of a request by the City, the Grantee shall file annually
with the City Clerk two (2) copies of a total facihties report setting forth the total physical miles of plant installed
or in operation during the fiscal year and a strand map showing the location of same.
C. Annual serwce record report required: The Grantee shall make available to the City for its inspection at the
Grantee's office, a hst 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.
D. Annua! measurements report required: The Grantee shall within thirty (30) days of a request by the City, provide
two (2) copies of a report on the network's technical measurements, as set forth herein.
E. Tests required by City: Technical tests required by City as specified in this ordinance and the franchise shall be
submitted within fourteen (14) days of notification,
F. Annual operations reports required: The Grantee shall frie 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 four (4) months
after the end of each subsequent fiscal year two (2) copies of the following supplemental information:
1. If a nonpublic corporation, a hst of all current shareholders and bondholders both of record or beneficial. If a
pubhc corporation, a list of all shareholders who individually or as a concerted group hold five (5) per cent or
more of the voting stock of the corporation.
2. A current hst of all Grantee's officers and directors including addresses and telephone numbers.
3. The names of both business and residential adch'esses and phone numbers of the cable television system
resident manager and engineer.
4. Two (2) copies of all types of subscriber agreements. Copies of individual subscribers' agreements are not to be
fried with the City.
5. Copies of all rules and regulations promulgated by the Grantee during the fiscal year in the conduct of its
business in accordance with the provisions of this ordinance.
6. A copy of the annual report(s) of the parent firm(s) which own an interest of more than three (3) per cent 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 for the enforcement of this ordinance and the franchise.
G. Annual subscriber not#Ycation: Copies of all annual subscriber notifications required by the Federal
Communications Commission.
H. Application for certiiJcate of compliance: The Grantee shall give formal notice to the City that it is seeking a
certificate of comphance from the Federal Communications Commission. Within five (5) calendar days upon £fling
such a request with the Federal Communications Commission, the Grantee shall file two (2) copies of its
application for certification with the City Clerk.
I. Public availability o£reports: Such documents and reports as required under this article 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 Iowa City Telecommunications Commission.
J. Correspondence: The Grantee shall, upon request of the City, frie with the City Clerk a copy of each petition,
apphcation 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 pertaining to the
operations of any cable television system authorized hereunder.
Ordinance No.
Page 15
K. City's access m records:
1. The City reserves the right during the life of any franchise granted hereunder to have access, necessary for the
enforcement of the ordinance and the franchise, at all normal business hours and, upon the giving of
reasonable notice, to all of the Grantee's books, necessary for the enforcement of contracts, engineering plans,
income tax returns, accounting reports, financial statements and service records and other like materials
relating to the property and the operation under the franchise, 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 article in the City's
regulatory program.
2. Additional reports. The Grantee shall prepare and furnish to the City at the times and in the form prescribed,
such additional reports with respect to its operation, affairs, transactions or property, as may be reasonably
necessary and appropriate to the performance of any of the rights, functions or duties of the City in connection
with this ordinance or the franchise.
3. The Grantee acknowledges that the reports, books and records which must be prepared and furnished to the
City in connection with this ordinance or a franchise granted under the ordinance may constitute pubhc
records under state law and the Grantee may be required to permit examination and copying of such records
upon request. If the City receives a demand from any person for disclosure of any information, which the
Grantee has designated as confidential, the City shall immediately advise the Grantee of the request and
provide the Grantee with a copy of any written request.
L. Proof of bonds and insurance: Grantee shall submit to the City the required bond, or a certified copy thereof and
all certificates of insurance required by this ordinance.
Sec. 12-4-13: Franchise payment.
A. F~'lin~ fee: Applicants for an initial franchise hereunder shah pay a nonrefundable filing fee to the City of ten
thousand dollars ($10,000.00) which sum shah be due and payable at the time of submission of the apphcation.
B. Franchisin~ 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 initial franchise including but not limited to consultants fees,
which sum shah be due and payable concurrently with the Grantee's acceptance of the franchise, to offset the
City's costs in the franchise awarding process.
C. Annum franchise payment: Grantees of a franchise hereunder shall pay to the City an annual fee in an amount
equal to five (5) per cent 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 cable television related regulatory and administrative costs and to maximize
awareness and use of the public, education, and governmental access and institutional network capacity. If the
maximum franchise fee allowed by law is greater than five (5) percent, the City may require the higher amount.
The franchise payment shah be in addition to any other payment owed t? the City by the Grantee and shall not be
construed as payment in lieu of municipal property taxes or other state, county or local taxes. The City shall
provide the Grantee written notice forty-five (45) days prior to collection of an increased franchise fee.
D. Method of computation; interest:
1. Sales taxes or other taxes levied directly 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 C. above shah be computed quarterly as. of March 31, June 30,
September 30 and December 31 for the respective quarters of each year ending on said dates and shall be paid
quarterly within three (3) months after each respective computation date at the office of the City Clerk during
the City Clerk's 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 the Grantee's Division Controller,
reflecting the total amounts of gross revenue and the above charges, deductions and computations, for the
quarterly payment period covered by the payment.
2. 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 (12) per cent. The percentages designated in this section may be
amended no more than once each year by the City Council, consistent with increased costs for municipal
facilities and supervision and applicable rules of other regulatory agencies.
E. Rights o£recomputation: No acceptance of any payment by the City shah be construed as a release or as an accord
and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee under
this article of for the performance of any other obhgation of the Grantee. All amounts paid shah be subject to audit
and recomputation by the City.
Ordinance No.
Page 16
Sec. 12-4-14: Liability and indemnification.
A. 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, judgment, execution, claim or demand which the City may legally be required to pay as a result of the
enactment of this article and the award of a franchise to Grantee, except as such stat, judgment, 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.
B. 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 from
and against all claims, damages, losses and expenses, including attorney's fees sustained by the City on account of
any suit, judgment, execution, claim or demand whatsoever arising out of the installation, operation or
maintenance of the cable television system by the Grantee, its employees or agents, as authorized herein, whether
or not any act or omission complained of is authorized, allowed or prohibited by this article and any franchise
granted hereunder. This provision shall not apply to acts of the City, its agents or employees.
C. Reimbursement of costs: The Grantee shall pay and by its acceptance of any franchise granted hereunder agrees
that it will pay all expenses and costs incurred by the City in defending the City with regard to all damages and
penalties mentioned in subsections (a) and (b) above except as such expenses may arise from the process (as
above). Should the City decide to hire its own defense, such expenses will be borne by the City.
D. Public liability insurance: The Grantee shall maintain and by its acceptance of any franchise granted hereunder
agrees that it will maintain throughout the term of the franchise, any extensions thereto or as required in this
ordinance, a general comprehensive liability insurance policy naming as the additional insured the City, its
officers, boards, commissions, agents and employees, in a company registered in the State of Iowa, and which
maintains a BEST's rating of A' or better, in forms satisfactory to the City Manager, protecting the City and all
persons against hability for loss or damage, occasioned by the operations of Grantee under any franchise granted
hereunder, in the amounts o£
1. Two million ($2,000,000.00) for bodily injury or death to any one person, within the limit, however, of three
milhon dollars ($3,000,000.00) for bodily injury or death resulting from any one accident, and
2. One million ($1,000,000.00) for property damage resulting from any one accident.
E. AutomobiIe liability insurance: The Grantee shall maintain, and by its acceptance of any franchise granted
hereunder specifically agrees that it will maintain throughout the term of the franchise, automobile liability
insurance for owned, non-owned, or rented vehicles in the minimum amount of:.
1. $1,000,000 for bodily injury and consequent death per occurrence;
2. $1,000,000 for bodily injury and consequent death to any one person; and
3. $500,000 for property damage per occurrence.
F. Insured: At any time during the term of the franchise, the City may request and the Grantee shall comply with
such request, to name the City as an additional insured for all insurance policies written under the provisions of
this ordinance or the franchise.
G. Inflation: To offset the effects of inflation and to reflect changing liabihty limits, all of the coverages, hmits, and
amounts of the insurance provided for herein are subject to reasonable increases at the end of every three (3) year
period of the franchise, applicable to the next three year period, at the sole discretion of the City, upon a finding by
the City of increased insurance risks requiring such changed limits.
H. Notice of cancellation or reduction o£ coverage: The insurance pohcies 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 article and shall contain the following endorsement:
This policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after
receipt by the City Manager of a written notice of such intent to cancel or reduce the coverage.
I. Evidence o£insurance filed with City Manager: Ail certificates of insurance shall be filed and maintained with the
City Manager during the term of any franchise granted hereunder or any renewal thereof.
J. Extent ofliab~Tity: Neither the provisions of this article 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.
K. Insurance £or contractor and subcontractors: Grantee shall provide coverage for any contractor or subcontractor
involved in the construction, installation, maintenance or operation of its cable communications system by either
obtaining the necessary endorsements to its insurance policies or requiring such contractor or subcontractor to
obtain appropriate insurance coverage consistent with this section and appropriate to the extent of its involvement
in the construction, installation, maintenance or operation of Grantee's cable communications system.
Ordinance No.
Page 17
Sec. 12'4'15: Bonds.
A. Proposal bond: Each applicant for an initial 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 ($25,000.00). Said bond shall remain
in effect until such time as the applicant accepts the franchise and furnishes both the construction bond and the
letter of credit as provided herein.
B. Construction bond: The Grantee shall maintain and by its acceptance of any franchise granted hereunder agrees
that it will maintain through the rebuild or construction of the cable television system as required by this
ordinance, a faithful construction bond running to the City, with at least (2) good and sufficient sureties or other
financial guaranties approved by the City Manager, in the penal sum total of one million dollars ($1,000,000.00)
conditioned upon the faithful performance of the Grantee in the construction or rebuild of a cable television system
complying with related provisions of this ordinance and the franchise, and upon the further condition that if the
Grantee shall fail to comply with any law, ordinance or regulation governing the construction or rebuild of the
cable television system, 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 repair, construction, 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 shall result in forfeiture of said bond or withdrawal from the construction bond. The bond
shall contain the following endorsement: This policy may not be canceled nor the amount of coverage thereof re-
duced until thirty (30) days after receipt by the City Manager of a written notice of such intent to cancel or reduce
the coverage.
C. Re]ease o£t]ze bond: Upon the City's determination that the construction or rebuild of a cable television system is
complete, the Grantee shall be notified by the City that the bond required under this section shall be released.
D. Letter o£credJt:
1. The Grantee shall obtain, maintain, and tile with the City an irrevocable letter of credit from a financial insti-
tution acceptable to the City and licensed to do business in the State in an amount of seventy'five thousand
($75,000.00), naming the City as beneficiary for the faithful performance by it of all the provisions of this
franchise and compliance with all orders, permits and directions of any agency of the City having jurisdiction
over its acts or defaults under this contract and the payment by the Grantee of any claims, hens and taxes due
the City which arise by reason of the construction, operation or maintenance of the system. The letter of credit
shall be released only upon expiration of the franchise or upon the replacement of the letter of credit by a
successor Grantee.
2. Within thirty (30) days after notice to it that any amount has been withdrawn from the letter of credit pursu-
ant to subsection D.1. of this section, the Grantee shall pay to, or deposit with, the City Clerk a sum of money
or securities sufficient to restore such security fund to the original amount of seventy'five thousand dollars
($75,000.00) up to a total during the franchise term of $500,000.
3. If the Grantee fails to pay to the City any compensation required pursuant to this article within the time fixed
herein; or, fails, after ten (10) days' notice to pay to the City any taxes due 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 Grantee in connection with this franchise; notice of such failure by the office
of the City Manager, to comply with any provisions of this contract which the office of the City Manager
reasonably determines can be remedied by an expenditure of the letter of credit, the City Clerk may
immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such
withdrawal, the City Clerk shall notify the Grantee of the amount and date thereof.
4. If the Grantee wishes to contest withdrawal, the Grantee may petition to the Iowa City Telecommunications
Commission for a hearing within ten (10) days from date notice of withdrawal is mailed or otherwise given.
E. Replenishment o£ letter o£ credit and construction bond: No later than thirty (30) days, after mailing to the
Grantee by certified mail notification of a withdrawal pursuant to paragraphs C and D above, and after the total
amount of funds in the letter of credit is $50,000, the Grantee shall replenish the letter of credit or construction
bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to
the letter of credit and construction bond shall constitute a violation of this Ordinance.
Sec. 12-4'16: Fees, rates and charges.
A. Schedule t~]ings: Subject to Federal law, Grantee shall file with the City schedules which shall describe all
services offered, all rates and charges of any kind, and all terms and conditions relating thereto. No rates or
charges shall be effective except as they appear on a schedule so filed. Grantee shall notify the City and subscrib-
ers in writing at least thirty (30) days prior to the implementation of any change in services offered, rates charges,
or terms and conditions related thereto.
B. Nondiscriminatory rates: Unless otherwise allowed by FCC regulation, Grantee shall establish rates that are
Ordinance No.
Page 18
nondiscriminatory within the same general class of subscribers which must be applied fairly and uniformly to all
subscribers in the franchise area for all services. Nothing contained herein shall prohibit the Grantee from
offering (i) discounts to commercial and multiple family dwelhng subscribers billed on a bulk basis; (ii) promotional
discounts; (iii) reduced installation rates for subscribers who have multiple services; or (iv) discount for senior
citizens and/or low income residents. Grantee's charges and rates for all services shall be itemized on subscriber's
monthly bills.
C. City regulation: To the extent that federal or state law or regulation may now, or as the same may hereafter be
amended to, authorize the City to regulate the rates for any particular service tiers, service packages, equipment,
or any other services provided by Grantee, the City shall have the right to exercise rate regulation to the full
extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion
of the City.
D. Rate regulation of the basic tier and charges: The City will follow FCC Rate Regulations. In connection with such
regulation, the City will ensure a reasonable opportunity for consideration of the views of interested parties; and
the City Attorney, or designee, is authorized to execute on behalf of the City and file with the FCC such
certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations.
E. Ability to petition: If apphcable, the City shall have the right to petition the Federal Communications Commission
or other appropriate agency or organization to obtain rate regulation authority or to petition the federal body to
review or regulate rates in the City.
F. Notitication o£charges: The Grantee may estabhsh charges for its services not specified in subsection (a) above;
however, all such charges, including but not hmited to additional service, leased channel, discrete channel, and
production rates shall be made pubhc and two (2) copies of the schedule of charges, as originally and thereafter
modified, shall be filed with the City Clerk thirty (30) days prior to the effective date of such changes.
G. Deposits on advance payments to be approved: The Grantee sham receive no deposit, advance payment or penalty
from any subscriber or potential subscriber other than those estabhshed in the schedule of charges previously filed
with and/or approved by the City Council.
H. Purchase o£switch: In the event that the FCC does not regulate antenna switches, and/or that a switch or other
appurtenant device is required to permit subscribers to receive full broadcast network service, the Grantee shall
give the subscriber the option of purchasing the switch at a reasonable cost at the time of initial installation
thereof, or of purchasing said 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 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 cable television system.
If the subscriber elects not to purchase or provide said switch or other appurtenant device, the Grantee may make
an additional charge for the rental of such switch or other appurtenant device providing that the additional charge
is in accordance with the schedule of charges contained in the Grantee's apphcation for a franchise hereunder or
hereafter shall be filed with and approved by the City.
I. Subscriber refunds in addition to those authorized by the FCC:
1. If any subscriber of the Grantee of less than ten (10) days terminates services due to the Grantee's failure to
render service to such subscriber of a type and technical quahty provided for herein;
2. If service to a subscriber is terminated by the Grantee without good cause; or
3. If the Grantee ceases to provide service for twenty-four hours or more, the cable television system authorized
herein for any reason except termination or expiration of a franchise granted hereunder;
The Grantee shall refund to such subscriber an amount equal to the monthly charge, installation and connection
charge paid by such subscriber in accordance with the then-existing schedule of charges.
J. Disconnection: Except as provided by FCC rate regulation, there sham 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 forty-five (45) days after the due date of said delinquent fee or charge, and 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.
K. Rates subject to other regulations: The Grantee in submitting its request for approval of initial rates or any
subsequent rates shall do so for basic service and related equipment to be performed to or for subscribers described
in this ordinance. If FCC rules and regulations, or any other apphcable laws or regulations, shall subsequently
determine that the City of Iowa City has jurisdiction over other services or service to be offered or performed, said
rates shall be subject to approval by the City at that time.
L. Reduction of fees: If during the term of any 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
Ordinance No.
Page 19
competent jurisdiction, the Grantee shall pass on to its subscribers on a prorated basis any such savings or reduced
costs pursuant to FCC regulation.
M. Rate c]~ange procedures:
1. Limitation on apphcation for increase in rates: The Grantee shall not, unless allowed by FCC regulations, file
more than one application for an increase in fees, rates or charges during any calendar year except to seek
rebel from the imposition of federal, state or local taxes or other legally imposed fees not contemplated in the
most recent rate cletermination.
2. Review of rates: The Iowa City Telecommunications Commission shah review the Grantee's schedule of fees,
rates or charges that are within the City's regulatory jurisdiction, upon application by the Grantee as herein
provided or at any hme on its own motion. The Iowa City Telecommunications Commission shah submit such
schedule and any contemplated modifications thereof, together with its recommendations, to the City Council
as expressed in such a resoluhon. The City Council may, pursuant to FCC regulations, reduce or increase
such fees, rates or charges adopted for this purpose and, unless allowed by FCC regulation, no change in the
Grantee's schedule of fees, rates or charges shall be effective without prior action of the Iowa City Telecom-
munications Commission and the approval of the Council.
No such resoluhon shah be adopted without prior pubhc notice and opportunity for all interested members of
the public, including the Grantee, to be heard, subject to the procedures set forth in this ordinance. No change
in City regulated fees, rates and charges shah take effect until thirty (30) days after the approval of the rates
by the City Council.
3. Documentation of request for increase: Any increase requests, in addition to other factors described in this
sechon, shah be supported by a showing of increased costs for the existing services or proposed services and
shah be filed in two (2) copies with the City Clerk. If a Grantee requests a change, it shah present in detail in
writing the stahstical basis, in addition to other requirements as set out in this section, for the proposed fee
change in accordance with FCC rules.
4. Records to be made available: For the purposes of determining the reasonableness of Grantee fees, rates or
charges, Grantee records relating the same shah be made available to the City.
Sec. 12'4-17: Pubhc, education and government connection to cable television sys~m.
The Grantee shall provide upon request within the City one connection and monthly service for basic service and
aH non-pay services to such pubhc, parochial and nonprofit private schools, the University of Iowa, City designated
pubhc access facility, City and other government buildings and other agencies, provided that such designated locahons
are within two hundred (200) feet of any network cable route. Initial installation shall be without charge. Rates for
monthly service to residential or hving units 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 two
hundred-foot hmitation if such connection is designated by the City. The City reserves the right for itself and the above
entities at their individual expense to extend service to as many areas within such schools, buildings and agencies as it
deems desirable without payment of any additional installation fee or monthly fee to Grantee. All such extensions,
however, shah be accomplished in such a way so as not to interfere with the operation of the cable television system.
Institutions receiving free drops will consult with Grantee on the technical standards to be used for such extensions.
The Grantee shall comply with the public, educational and government access requirements specified in the franchise.
Sec. 12-4-18: Interconnection of network.
Area interconnection: The Grantee shah be interconnected with other communities and cable companies as
specified in the franchise.
Sec. 12-4-19: Construction timetable for initial construction.
A. Permit appIication: It is hereby deemed in the public interest that the system be extended as rapidly as possible to
all residents within the City. Within ninety (90) days of the effective date of a franchise granted hereunder, the
Grantee shah file with the appropriate authorities and utilities all initial papers and applications necessary to
comply with the terms of this article including the application for franchise and any additions or amendments
thereto and shall thereafter diligently pursue all such applications. After the Grantee has diligently pursued the
acquisition of necessary pole attachment contracts, or other necessary easements, and where such necessary
contracts have not been executed or easements obtained after a reasonable period of time as determined by the
City, the City may, at its discretion, provide assistance to ensure the extension of the system to all residents.
B. Commencement o£construction: Within one hundred eighty (180) days of the effective date of FCC certification,
the Grantee shall initiate construction and installation of the cable television system. Such construction and
installation shall be pursued with reasonable dihgence.
C. Commencement o£operadon: Within twelve (12) months of the effective date of FCC certification, the Grantee
shall commence operation within the meaning set forth in this ordinance.
Ordinance No.
Page 20
D. Sustained completion of construction: Within the time specified in the franchise agreement, the Grantee shall
have substantially completed construction of the service area within the meaning set forth in this ordinance.
E. Provisions o£basic service: Within the time specified in the franchise agreement, the Grantee shall have placed in
use sufficient distribution facilities so as to offer basic service to one hundred (100) per cent of the dwelling units in
the service area to which access is legally and reasonably available.
F. Delays and extension of time: The City Council may in its discretion extend the time for the 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 the Grantee demonstrates to the satisfaction of the City Council that the
Grantee is being subjected to delay or interruption due to any of the following circumstances ff reasonably beyond
its control:
1. necessary utility rearrangements, pole change-outs or obtaining of easement rights,
2. governmental or regulatory restrictions,
3. labor strikes,
4. lockouts,
5. war,
6. national emergencies,
7. fire,
8. acts of God.
G. ~en certain operations are to commence: If FCC certification is not required for a franchise granted under this
article, all time periods specified in subsections (A), (C), (D) and (E) of this section shall commence with the
effective date of a franchise granted hereunder.
Sec. 12-4-20: Construction timetable for rebuild construction.
A. Comp.liance wit]~ construction and technica] standards: Grantee shall construct, rebuild, install, operate and
maintain its system in a manner consistent with all laws, ordinances, construction standards or guidelines,
governmental requh'ements, FCC technical standards, and detailed technical standards provided for in the
franchise.
B. Construction timetable: The Grantee shall construct and complete the system rebuild in accordance with the
timetable set forth in the franchise.
C. DeJays and extension of time: The City Council may in its discretion extend the time for the 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 the Grantee demonstrates to the satisfaction of the City Council that the
Grantee is being subjected to delay or interruption due to any of the following circumstances if reasonably beyond
its control:
1. necessary utility rearrangements, pole change'outs or obtainment of easement rights,
2. governmental or regulatory restrictions,
3. labor strikes,
4. lockouts,
5. war,
6. national emergencies,
7. fire,
8. acts of God.
Sec. 12-4-21: Network description.
A. System bandwidt]~ capability: The Grantee shall install a cable network according to the following specifications:
The initial system shall be designed to a capacity equivalent to a minimum of 750 MHz and as specified in the
franchise. The Grantee at its option may provide for this increased capacity at the time of initial construction.
As total bi-directional capacity is a priority goal of the City, apphcants for a franchise hereunder may propose
greater channel capacities and more sophisticated two'way capabilities than the minimums set forth 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 this ordinance the associated costs and revenues.
B. System conYi~ration: The Grantee shall design and construct the network using fiber to the node architecture, or
better, in such a way as to provide maximum flexibility and to provide service to the fewest number of homes per
fiber node as economically feasible.
C. Protection of subscriber privacy mandatory: Grantee shall at all times protect the privacy of subscribers, as
provided in this ordinance and other applicable federal, state, and local laws.
D. Notice o£privacy provz'sions: At the time of entering into an agreement to provide any cable service or other
service to a subscriber, and at least once a year thereafter, Grantee shall provide notice consistent with and in
accordance with federal law in the form of a separate written statement to each subscriber which clearly and
conspicuously informs the subscriber of:
Ordinance No.
Page 21
1. The privacy rights of the subscriber and the limitations placed upon Grantee with regard this ordinance hereof
and all other apphcable federal, state, and local subscriber privacy provisions;
2. The nature of personally identifiable information collected or to be collected with respect to the subscriber and
the nature of the use of such information;
3. The nature, frequency, and purpose of any disclosure which may be made of such information, including an
identification of the types of persons to whom the disclosure may be made;
4. The period during which such information might be maintained by the cable operator;
5. The times and place at which the subscriber may have access to such information in accordance with this
ordinance and other apphcable federal, state, and local law;
6. A request for the subscriber signature allows for use of personally identifiable information.
E. Collection o£personally identil~able i~£ormation pro]~Jbited: Grantee shall not use or permit the use of the cable
system to collect personally i~lentifiable information concerning any subscriber, except as necessary to render a
cable service or other service provided by the cable operator to the subscriber. Grantee shall not install or permit
the installation of any special terminal equipment in any subscriber's premises for the two-way transmission of
any aural, visual, or digital signals without the prior written consent of the subscriber. Grantee shall not tabulate,
nor permit others to tabulate, any subscriber use of the cable system which would reveal the opinions or
commercial product preferences of individual subscribers, whether residential or business, or of any occupant or
user of the subscriber's premises without written authorization from the subscriber for his or her participation in a
shop-at-home or similar service. When providing such service, the Grantee may tabulate only those responses
essential to the functioning of that shopping or other service, and may not use any such tabulation of individual
preferences for any other purposes. Tabulations of aggregate opinion or preference are permitted, provided the
aggregations are sufficiently large to assure individual privacy.
F. Disclosure o£subscriber in£ormation prohibited: Grantee shall not without the specific written authorization of the
individual subscribers involved, sell or otherwise make available to any party any hst of the names and addresses
of individual subscribers, any hst which identifies the viewing habits of individual subscribers, or any personal
data, social security number, income and other data the Grantee may have on i'fie about individual subscribers,
except as necessary to render or conduct a legitimate business activity related to a cable service or other service
provided by the cable operator to the subscriber, provided, however, that such disclosure shall not reveal directly
or indirectly the extent of viewing or other use by the subscriber of a cable service or other service provided by the
cable operator, or the nature of any transaction made by the subscriber over the cable system.
G. Notices oYmonitorirg: Grantee shall report to the affected parties, the City and other appropriate authorities, any
instances of monitoring or tapping of the system, or any part thereof, of which it has knowledge, which is not
authorized under this section whether or not such activity has been authorized by Grantee. Grantee shall not
record or retain any information transmitted between a subscriber or user and any third party, except as required
for lawful business purposes. Grantee shall destroy all subscriber or user information of a personally identifiable
nature after a reasonable period of time, unless retention of such information is authorized by the affected
subscriber or user.
H. Polling by cable: No poll or other upstream response from a subscriber shall be conducted or obtained except as
part of a program that contains an explicit disclosure of the nature, purpose and prospective use of the results of
the poll or upstream response and where the program has an informational, entertainment or educational function
which is self-evident. Grantee or its agents shall release the results of upstream responses only in the aggregate
and without individual references.
I. Monitoring devices: Grantee shall provide written notice to each subscriber when equipment is to be installed on
the system which would permit the recording or monitoring of individual viewing habits of a subscriber or
household; such equipment shall be installed only after prior written permission has been granted by the sub-
scriber. Such permission may be vahd for one year only and may be renewed by permission of the subscriber. In
no event shall such permission be obtained as a condition of service or continuation thereof. Grantee shall give
each subscriber annual written notice of any such monitoring and of the subscriber's right to terminate the
monitoring in accordance with the terms and conditions of the subscriber's contract with Grantee.
J. Personally ]dentii~able i~£ormatio~: Grantee shall not predicate regular subscriber service on the subscriber's
grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may
at any time revoke any permission previously given by delivering to the Grantee a written statement of that
intent.
K. Correction policy: Each subscriber shall be provided access to all personally identifiable information regarding
such subscriber that Grantee collects or maintains or allows to be collected or maintained, and such subscriber
shall be provided the opportumty to correct any error in such information.
L. Vie~virg habits: Any information concerning individual subscriber viewing habits or responses, except for
information for billing purposes, shall be destroyed within sixty (60) days of collection. Information for billing
Ordinance No.
Page 22
purposes shall be kept for two (2) years and then destroyed unless otherwise required to be kept by law.
M. System performance: This section is not intended to prohibit the use or transmission of signals useful only for the
control or measurement of system performance.
N. Subscriber and user contracts: This section of this ordinance shall be enforceable directly by every aggrieved
subscriber or user and by every aggrieved person seeking to become a subscriber or user. Grantee shall include
the following provision in every contract or agreement between Grantee and any subscribers or user:
The subscriber/user, as part of this contract, has certain rights of privacy prohibiting the unauthorized
monitoring of service and pubhcation of personal information under the control of (Name of Grantee),
including without hmitation, information regarding program selections or service uses. (Name of Grant-
ee) shall make available upon the request of the subscriber/user further description of said rights as
established in its ordinance and franchise with the City of Iowa City.
Grantee shah not allege or contend that any actual or potential subscriber or user may not enforce this
ordinance by reason of lack of privacy.
Sec. 12-4-22: Network technical requirements.
Genera] requirements: Each cable television system must be so designed, installed and operated as to meet FCC
technical standards and standards set forth in the franchise.
Sec. 12-4-23: Performance measurements.
A. Genera] requirements: Test procedures utihzed shall be in accordance with those promulgated by the FCC and the
National Cable Television Association.
B. Additional tests and inspection: The City reserves the right to:
1. Require additional tests for cause at specific terminal locations at expense of the Grantee, and
2. Conduct its own inspections of the cable television system on its own motion at any time during normal
business hours with reasonable advance notice.
C. Report oF measurements combined: To the 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 satisfied.
Sec. 12-4-24: Construction standards.
A. Antennas and towers: Antenna supporting structures (towers) shah be designated for the proper loading zone as
specified in the Electronics Industry Association's Specifications as amended from time to time.
B. CompIiance with aviation requirements: Antenna supporting structures (towers) shall be painted, hghted, erected
and maintained in accordance with all apphcable 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.
C. City approTM] of construction pians: Prior to the erection of any towers, poles or conduits or the upgrade or rebuild
of the cable communications system under this ordinance, the Grantee shall first submit to the City and other
designated parties for review, such information as specified in the franchise. No erection or installation of any
tower, po]e, underground conduit, or fixture or any rebuilds or upgrading of the cable communications system shall
be commenced by any person until approval, therefore, has been received from the City.
D. Contractor quaIiilcations: Any contractor proposed for work of construction, installation, operation, maintenance,
and repair of system equipment must be properly licensed under laws of the State, and all local ordinances. In
addition, the Grantee shall submit to the City, every two years, a plan to hire persons locally for the construction,
installation, operation, maintenance and repair of the system equipment.
E. Minimum interference: The Grantee's system and associated equipment erected by the Grantee within the City
shah be so located as to cause minimum interference with the proper use of streets, alleys, and other pubhc ways
and places, and to cause minimum interference with the rights and reasonable convenience of property owners
who adjoin any of the said streets, alleys or other pubhc ways and places. No pole or other fixtures placed in any
pubhc ways by the Grantee shah be placed in such a manner as to interfere with normal travel on such pubhc way.
F. City maps: The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of
existing substructures. In pubhc rights-of-way, where necessary, the location shall be verified by excavation.
G. Quality o£ construction: Construction, installation, operation, and maintenance of the cable communications
system shall be performed in an orderly and workmanlike manner, in accordance with then current technological
standards. All cables and wires shall be installed, where possible, parallel with electric and telephone lines.
Multiple cable configurations shall be arranged in parallel and bundled with due respect for aesthetic and
engineering considerations.
H. Construction standards: The construction, installation, operation, maintenance, and/or removal of the Cable
Communications System shall meet all of the following safety, construction, and technical specifications and codes
and standards: Occupational Safety and Health Administration Regulations (OSHA)
Ordinance No.
Page 23
National Electrical Code
National Electrical Safety Code (NESC)
National Cable Television Standard Code
AT&T Manual of Construction Procedures (Blue Book)
Bell Telephone Systems Code of Pole Line Construction
All Federal, State and Municipal Construction Requirements, including FCC Rules and Regulations
Utility Construction Requirements
All Building and Zoning Codes, and All Land Use Restrictions, as the same exist or may be amended hereafter.
Sec. 12-4-25: Erection, removal and common use of poles.
A. ,4pprova] for poles: No poles shall be erected by the Grantee without prior approval of the City with regard to
location, height, types and any other pertinent aspect. However, no location of any pole or wife-holding structure
of the Grantee shall give rise to a vested interest and such poles or structures shall be removed or modified by the
Grantee at its own expense whenever the City determines that the public convenience would be enhanced thereby.
B. Requirements to use existingpo]es: Where poles already exist for use in serving the City and are available for use
by the Grantee, but Grantee does not make arrangements for such use, the City may require the Grantee to use
such poles and structures if it determines that the pubhc convenience would be enhanced thereby and the terms of
the use available to the Grantee are just and reasonable.
Sec. 12-4-26: Construction reporting requirements.
A. Progress reports: Within thirty (30) days of the granting of a franchise pursuant to this ordinance, the Grantee
shall provide the City with a written progress report detailing work completed to date and a schedule for
completion of construction. Such report shall include a description of the progress in applying for any necessary
agreements, licenses, or certifications and any other information the Cable Television Administrator may deem
necessary, The content and format of the report will be determined by the Cable Television Administrator and
may be modified at the Administrator's discretion.
B. Timeframe for reports: Such written progress reports shall be submitted to the City on a bimonthly basis
throughout the entire construction or rebuild process. The Cable Television Administrator may require more
fl-equent reporting if the Administrator determines it is necessary to better monitor the Grantee's progress.
C. Subscriber information: Prior to the commencement of any major system construction, the Grantee shall produce
an informational document to be distributed to all residents of the area to be under construction, which shall
describe the activity that will be taking place. The informational document shall be reviewed by the Cable
Television Administrator prior to its distribution.
Sec. 12-4'27: Channels to be provided.
A. 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 specifically
designated channels, shall be available for leased uses. On at least one of the leased channels, priority shall be
given to part-time users.
B. Television broadcast signal carriage: The Grantee shall carry those television broadcast signals which are in
accordance with Part 76, Section 76.63 of the FCC Rules and Regulations as such rules are amended from time to
time. The provision of additional television broadcast signals as provided for in Part 76, Section 76.63(a) shall also
be required as amended from time to time.
C. Basic service: Channels to be included on the first tier of service not requiring a converter or other appurtenance
shall include: all television signals described in subsections A., B. and D. of this section. As the maximized use of
the total channel capacity is of great interest to the City, applicants for a franchise hereunder may submit
proposals to utilize channels beyond the basic service. Such a proposal may include the use of converters at no
additional charge to subscribers.
D. Access channels: Grantee shall provide the public, educational and governmental access channels as specified in
the franchise. The entities operating access channels shall, in cooperation with the Iowa City Telecommunications
Commission, develop rules for such channels. Such rules shall be placed on file with the City Clerk.
Sec. 12-4-28: Conditions of street occupancy:
A. Approval of proposed construction: The Grantee shall first obtain the approval of the City prior to commencing
construction on the streets, alleys, public grounds or places of the City as specified in the franchise.
B. Permits: A Grantee shall obtain construction permits in conformance with all City rules and regulations.
C. C]~anges required by public improvements: The Grantee shall, at its expense, protect, support, temporarily
disconnect, or relocate in other public place any property of the Grantee when required by the City by reason of
traffic conditions, public safety, street vacation, street construction, change or 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.
D. Use of existing poles or conduits: Nothing in this article or any franchise granted hereunder shall authorize the
Ordinance No.
Page 24
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 poles, underground conduit or appurtenances
where none exist at the time the Grantee seeks to install its network.
E. Underground installation: All installations shall be underground in those areas of the City where pubhc utihties
providing either telephone or electric service are underground at the time of installation. In areas where either
telephone or electric utility facilities are above ground at the time of installation, Grantee may install its service
above ground, provided that at such time as those facihties 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 individual subscribers so served within the City. Where not otherwise required to be placed
underground by this ordinance or the franchise, the Grantee's system shall be located underground at the request
of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property
owner making the request. All cable passing under the roadway shall be installed in conduit.
F. Pedestals: When housing mini-hubs, switching or other equipment are to be utilized on the pubhc right of way,
such equipment must be completely buried beneath streets or sidewalks. Any pedestals located in the pubhc right
of way shall comply with city ordinances or regulations. All such buried equipment shall be shown in plan and
cross-section on the design plans for permits.
G. ~'aci]it]e$ not to be hazardous or interfere: All wires, conduits, cable and other property and facilities of the
Grantee shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere
with the usual and customary trade, traffic and travel upon the streets and pubhc places of the City. The Grantee
shall keep and maintain all its property in good condition, order and repair. The City reserves 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. 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 £L~tures placed in a street shall be
placed in the right-of-way between the roadway and the property, as specified by the City.
H. Method o£insta]]ation: All wires, cables, amplifiers, and other property shall be constructed and installed in an
orderly 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 a parallel and bundled,
with due respect for engineering and safety 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.
All underground installations of wires and cable shall be buried at least twelve (12) inches below ground, and no
trenching or other underground installation shall be commenced without notice to the City Forester. All
underground installation shall be performed in compliance with City Forester directions.
I. Protect]on o££acil]ties: Nothing contained in this section shall reheve any person, company or corporation from
hability 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 hne of any street or pubhc place or with
the construction or reconstruction of any sewer or water system. Any person, company or corporation intending to
perform any of the above-described work in an area where Grantee's facilities are located shall notify Grantee at
least twenty-four (24) hours prior to performing said work.
J. Requests £or 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 days'
notice of any move contemplated to arrange for temporary wire changes.
K. Authority to trim trees: The Grantee may trim trees upon and overhanging streets, alleys, sidewalks and other
pubhc places of the City so as to prevent the branches of such trees from coming in contact with the wires and
cables of the Grantee. No trimming shall be done except under the supervision and direction of the City Forester,
upon the explicit prior written notification and approval of the City Forester and at the expense of the Grantee.
The Grantee may contract for such services; however, any firm or individual so retained shall receive City Forester
approval prior to commencing such activity.
L. 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 as 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 writing to the Grantee.
Ordinance No.
Page 25
M. O£tTce 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 cable television system equipment
installed or in use in the streets or other pubhc places of the City. The Grantee shall furnish the City complete
maps upon request, compatible with the City's geographic information system, showing all of the cable television
system equipment installed and in place in streets and other pubhc places of the City. Such maps shall be updated
annually.
N. Emergency removal of plant: If, at any time, in case of fire or disaster in the City, it shall become necessary in the
reasonable judgment of the City to cut or move any of the wires, cables, amplifiers, apphances or appurtenances
thereto of the Grantee, such cutting or moving may be done and any repafl's rendered necessary thereby shall be
made by the Grantee, at its sole expense provided that such repairs are not necessitated by neghgent act of the
City, in which case, cost for repairs shall be borne by the City.
0. Alternate routing o£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 provide service over alternate routes.
Sec. 12-4-29: Unauthorized connections or modifications.
A. 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, with or to any segment of a
franchised cable television system for any purpose whatsoever, except as provided in this ordinance.
B. Remora! or destruction prohibited: It shall be unlawful for any firm, person, group, company, corporation or
government body or agency to willfully interfere, tamper, remove, obstruct or damage any part, segment or content
of a franchised cable television system for any purpose whatsoever.
Sec. 12-4-30: Preferential or discr/minatory practices prohibited.
A. P~ohibited empIoyment practices: The Grantee shall not commit any of the following employment practices and
agrees to prohibit the following practices in any contracts or subcontract entered into or effectuate the operation of
this franchise.
1. To discharge fi'om employment or refuse to hire any individual because of their race, color, religion, creed, sex,
national origin, age, disability, marital status or sexual orientation.
2. To discriminate against any individual in term, conditions or privileges of employment because of their race,
color, rehgion, creed, sex, national origin, age, disability, marital status or sexual orientation.
The Grantee shall be an Equal Opportunity/AfSrmative Action Employer adhering to all Federal, State or
municipal laws and regulations. Pursuant to 47 CFR Sec. 76.311 and other apphcable regulations of the FCC,
Grantee shall File an Equal Employment Opportunity/Affirmative Action-Program with the FCC and otherwise
comply with all FCC regulations with respect to Equal EmploymentJAffirmative Action Opportunities.
B. EmpIo~vment policy: Grantee shall take affirmative action to employ, during the construction, operation and
maintenance of the cable communications system minorities and females as set forth in the franchise. Upon
request by the City, Grantee shall submit to the City annual reports indicating such compliance.
C. Procurement: For all services, materials or equipment purchased for the construction, operations or maintenance
of the cable communications system, Grantee shall wherever possible, purchase from competitively priced and
otherwise qualified minority-owned, or female owned businesses located in the City of Iowa City, as set forth in the
franchise.
D. Loca! employment and procurement practices: Whenever possible, all services, personnel, hardware and supphes
for the construction, maintenance and operation of the system shall be procured locally.
E. Services to be equally available: The Grantee shall not refuse cable television services to any person or
organization who requests such service for lawful purpose, nor shall a Grantee refuse any person or organization
the right to cablecast pursuant to provisions of this article. The Grantee shall not, as to rates, charges, service
facilities, rules, regulations or in any other respect, make or grant any unreasonable preference or advantage, not
subject any person to any prejudice or disadvantage. The Grantee shall take affirmative steps to disseminate the
information concerning the availability of its services to all minority and other under represented groups. This
provision shall not be deemed to prohibit promotional campaigns to 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 fried with and approved by the City as provided in this ordinance.
F. Fairness o£ accessibility: The entire system of the Grantee shall be operated in a manner consistent with the
principle of fairness and equal accessibihty of its facilities, equipment, channels, studios and other services to all
citizens, businesses, pubhc agencies or other entities having a legitimate use for the system. 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 Iowa City
Ordinance No.
Page 26 -
Telecommunications Commission.
Sec. 12-4-31: Installations, connections, and other services.
A. Standard installations: Standard installation shall consist of a service not exceeding one hundred fifty (150) feet
from a single point or pedestal attachment to the customer's residence. Service in excess of 150 feet and concealed
wiring shall be charged at such cost as exceeds normal installation costs. The desire of the Subscriber as to the
point of entry into the residence or commercial estabhshment and location of pedestal shall be observed whenever
possible. Runs in building interiors shall be as unobtrusive as possible. The Grantee shall use due care in the
process of installation and shall repair any damage to the subscriber's property caused by said installation. Such
restoration shall be undertaken within no more than ten (10) days after the damage is incurred and shall be
completed as soon as possible thereafter.
B. Deposits: Any deposit required by Grantee shall bear interest at the current lending rate.
C. Lockout devices: The Grantee shall provide to the potential subscriber, as part of its promotional literature,
information concerning the availability of a lockout device for use by a subscriber. The lockout device described
herein shall be made available to all subscribers requesting it beginning on the first day that any cable service is
provided.
D. Reconnection: Grantee shall restore service to customers wishing restoration of service provided customer shall
first satisfy any previous obligations owed.
E. Free disconnection: Subscribers shall have the right to have cable service disconnected without charge. A refund
of unused service charges shall be paid to the customer within sixty (60) days from the date of termination of
service.
F. Down~rade and upgrade fees: Any downgrade or upgrade fees shall conform with FCC rules.
Sec. 12-4-32: Service calls and complaint procedures.
A. Business office staffing: Grantee shall provide all subscribers or users with at least thirty (30) days prior written
notice of a change in bUSiness office hours. The business office shall maintain a staff adequate to process
complaints, requests for installation, service or repairs, and other business in a timely and efficient manner.
Grantee shall add additional telephone hnes and service representatives when existing lines are substantially
utilized or when a pattern of subscriber complaints reflect a need for additional service employees. Additional
offices and payment stations provided by the Grantee shall be included in the franchise.
B. Telephone service: The Grantee shall have ahsted, locally-staffed telephone number for service calls available
twenty-four'(24) hours a day, seven (7) days a week. Said number shall be made available to subscribers and the
general pubhc. The Grantee shall provide an unlisted locally-staffed telephone number to the City and utility
companies to enable the City or utility companies to reach the Grantee in case of emergency on a 24-hour,
7-days-a-week basis.
C. Grantee ru]es: The Grantee shall prepare and file with the City copies of all of its rules and regulations in
connection with the handhng of inquiries, requests and complaints. The Grantee shall, by appropriate means,
such as a card or brochure, furnish information concerning the procedures for making inquiries or complaints,
including the name, address and local telephone number of the employee or employees or agent to whom such
inquiries or complaints are to be addressed, and furnish information concerning the City office responsible for the
administration of the franchise, including, but not limited to, the address and telephone number of said office.
D. Equipment service: The Grantee shall service or replace without charge all equipment provided by it to the
subscriber, provided, however, that the Grantee may charge a subscriber for service to or replacement of any
equipment damaged due to negligence of such subscriber.
E. Subscriber solicitation: Grantee shall provide the City with a list of names and addresses of all representatives
who will be soliciting within the City and the area in and the dates within such solicitations shall take place. Each
such representative and all other employees entering upon private property shall be required to wear an employee
identification card issued by Grantee and bearing a picture of said representative. Grantee shall notify the general
pubhc of its sohcitation in a manner calculated to reach residents in the areas to be solicited in advance of such
solicitation.
F. Sa]es information: Grantee shall provide to all subscribers annually and all prospective subscribers or users with
complete written information concerning all services and rates provided by Grantee upon solicitation of service and
prior to consummation of any agreement for installation of service. Such sales material shall clearly and
conspicuously disclose the price and other information concerning Grantee's least costly service. Such information
shall be written in plain English and shall include but shall not be limited to the following: all services, tiers, and
rates; deposits if apphcable; installation costs; additional television set charges; service upgrade or downgrade
charges; lockout devices; and information concerning the utilization of video cassette recorders (VCRs) with cable
service(s) and the cost for hooking up such VCRs so that they function as manufactured.
G. Billing practices information: Grantee shall inform all subscribers annually and all prospective subscribers or
users of complete information respecting billing and collection procedures, procedures for ordering changes in or
Ordinance No.
Page 27
termination of services, and refund policies, upon solicitation of service and prior to the consummation of any
agreement for installation of service. Such information shall be written in plain English.
H. Notice o£comp]aintprocedures: Grantee shall periodically, and at various times of the day, present its business
office address and publicly listed local telephone number by means of alpha-numeric display on a local origination
channel.
I. Investigation and remedz'a] action: For recurrent complaints regarding service deficiencies (other than total or
partial loss of service, such as ghosting, weak audio signal, distortion, and the like), the Cable Television
Administrator may require the Grantee to investigate and report to the causes and cures thereof, and the Cable
Television Administrator may also conduct an investigation. Thereafter, the Cable Television Administrator may
order specified remedial action to be taken within reasonably feasible time limits. If such action is not taken, or is
ineffective, or ff within thirty (30) days the Grantee files with the City a notice of objection to the order, the City
may conduct a hearing and may, if the evidence warrants a finding of fault on the part of the Grantee, take
appropriate action pursuant to the terms of this ordinance.
Sec. 12-4-33: Transfer.
A. Transfer of franchise: A franchise shall not be assigned or transferred, either in whole or in part, or leased, sublet,
or mortgaged in any manner, nor shall title to the cable system, legal or equitable, or any right, interest or
property therein, pass to or vest in any person Without the prior written consent of the City, such consent not to be
unreasonably withheld. Except that no consent shall be required for any sale, transfer, or assignment of
ownership to an affiliate under common control with Grantee, provided that prior to such transfer, Grantee
provides to the City verifiable information to estabhsh that such transferee has the financial, legal and technical
ability to fully perform all obhgations of the franchise. No such consent shall be required, however, for a transfer
by mortgage to a federally licensed lending institution in order to secure indebtedness. Within thirty (30) days of
receiving the request for transfer, the franchising authority shall, in accordance with FCC rules and regulations,
notify the Grantee in writing of the information it requires to determine the legal, financial and technical
qualifications of the transferee. If the franchising authority has not taken action on the Grantee's request for
transfer within one hundred twenty (120) days after receiving such requested information, consent by the
franchising authority shall be deemed given.
B. Transfer of ownership: The Grantee shall not sell, transfer or dispose of thirty percent (30%) or greater ownership
interest in the Grantee or more at one time of the ownership or controlhng interest in the system, or thirty percent
(30%) cumulatively over the term of the franchise of such interests to a corporation, partnership, limited
partnership, trust or association, or person or group of persons acting in concert without the consent of City. Every
sale, transfer, or disposition of thirty percent (30%) or greater ownership interest as specified above in the Grantee
shall make the franchise subject to cancellation unless and until the City shall have consented thereto.
C. Transfer o£contro]: The Grantee shall not change control of the Grantee in whatever manner exercised without
the prior written consent of the City.
D. City approval: Every change, transfer, or acquisition of control of the Grantee shall make the franchise subject to
cancellation unless and until the City shall have consented thereto. For the purpose of determining whether it
shall consent to such change, transfer, or acquisition of control, the City may inquire into the legal, financial,
character, technical and other public interest qualifications of the prospective transferee or controlling party, and
the Grantee shall provide the City with all required information. The City reserves the right to impose certain
conditions on the transferee as a condition of the franchise to ensure that the transferee is able to meet existing
ordinance and franchise requirements.
E. Assumption o£contro]: Any financial institution having a pledge of the franchise or its assets for the advancement
of money for the construction and/or operation of the franchise shall have the right to notify the City that it will
take control and operate the cable television system. If the financial institution takes possession of the cable
communications system the City shall take no action to effect a termination of the franchise without first giving to
the financial institution written notice thereof and a period of six (6) months thereafter (unless otherwise provided
herein below) (i) to allow the financial institution or its agent(s) to continue operating as the Grantee under the
franchise and; (ii) to request the City, and for the City to determine whether, to consent to the assignment of the
Grantee's rights, title, interest and obligations under the franchise to a qualified operator. The City acknowledges
that in order for the financial institution to realize upon the collateral accorded to it by the loan documents, the
financial institution must be entitled to a reasonable period of time after taking possession of the franchise under
the loan document to obtain the City's consent to an assignment of the franchise to a qualified operator. The City
agrees that such reasonable period of time is six (6) months after the financial institution takes possession of the
cable communication system and, further, agrees that the City shall use its best efforts to decide upon the
assignment of the franchise to the new operator proposed by the financial institution within such period of time.
The financial institution shall be entitled to such possession and other rights granted under this paragraph until
such time that the City determines whether to consent to such assignment (the extended time). If the City finds
Ordinance No.
Page 28
that such transfer, after considering the legal, financial, character, technical and other pubhc interest
qualifications of the applicant are satisfactory, the City will consent to the transfer and assign the rights and
obligations of such franchise as in the public interest. During the six (6) month period or extended time, the finan-
cial institution shall enjoy all the rights, benefits and privileges of the Grantee under the franchise, and the City
shall not disturb such possession by the £mancial institution, provided the financial institution complies in aH
respects with the terms and provisions of the franchise and this ordinance. The various rights granted to the
financial institution under this paragraph are contingent upon the financial institution's continuous comphance
with the terms and provisions of this ordinance and the franchise during the entire aforementioned six (6) month
period or extended time, ff applicable. For example, should an agent of the financial institution take possession of
the cable communication system pursuant to rights granted to the financial institution under this paragraph, and
such agent fails to comply with the level of service requirements set forth in this ordinance or the franchise, the
rights granted to the financial institution under this ordinance and the franchise shall automatically terminate.
F. No ~vaiver of City property rights: The consent or approval of the City or any other pubhc entity to any transfer of
the Grantee shah not constitute a waiver or release of the rights of the City in and to the pubhc property or public
rights of way, and any transfer shaH, by its terms, be expressly subordinate to the terms and conditions of this
ordinance and the franchise.
G. Transfer time periods: In the absence of extraordinary circumstances, the City will not approve any transfer or
assignment of the franchise prior to construction or the completion of the rebuild of the system. Subject to the
conditions of Section 617 of the Cable Act, the City shah not approve a transfer ff the Grantee has not held the
franchise for a period of three years.
H. Right to rew'e~v purchase price: Based upon pubhc information, the City reserves the right to review the purchase
price of any transfer or assignment of the cable system.
I. Signatory requirement: Any approval by the City of transfer of ownership or control shah be contingent upon the
prospective party becoming a signatory to the franchise agreement.
Sec. 12-4-34: Publication costs.
The Grantee shah assume the cost of publication of the franchise ordinance as such publication is required by law.
A bill for the publication costs shah be presented to the Grantee by the City upon the Grantee's filing of acceptance and
shall be paid at that time.
Sec. 12-4'35: Or~tlnances repealed. '
All ordinances are parts of ordinances in conflict with the provisions of this article are hereby repealed.
Sec. 12'4'36: Separability.
If any section, subsection, sentence, clause, phrase or word of this article 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 validity of the remaining
portions hereof.
Sec. 12-4-37: Time is of the essence to this ordl-ance.
Whenever the ordinance shall set forth any time for any act to be performed by or on behalf of the Grantee, such
time shall be deemed by the essence any failure of the Grantee to perform within the time allotted shall always be
sufficient ground for the City to invoke an appropriate penalty including possible revocation of the franchise.
Sec. 12'4'38: No waiver of rights.
No course of dealing between the Grantee and the City nor any delay on the part of the City in exercising any
rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the actions of the Grantee in
contravention of rights except to the extent expressly waived by the City or expressly provided for in the franchise.
DIVISION 2. RATE REGULATIONS
Sec. 12'4-39: Rate regulation proceedings.
Any rate regulation proceedings conducted under this division shah be in accordance with FCC rate regulations.
A. In the course of the rate regulation proceeding, the City may request additional information from the cable
operator that is reasonably necessary to determine the reasonableness of the basic service tier rates and equip-
ment charges. Any such additional information submitted to the City shall be verified by an appropriate official of
the cable television system supervising the preparation of the response on behalf of the entity, and submitted by
way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that
person's knowledge, information and behef formed after reasonable inquiry. The City may request proprietary
information, provided that the City shah consider a timely request from the cable operator that said proprietary
information shah not be made available for public information, consistent with the procedures set forth in section
0.459 of the FCC rules and regulations.
Ordinance No.
Page 29
Furthermore, said proprietary information may be used only for the purpose of determining the reasonableness of
the rates and charges or the appropriate rate level submitted by the cable operator. The City may exercise all
powers under the laws of evidence apphcable to administrative proceedings under the laws of the state to discover
any information relevant to the rate regulation proceeding, including, but not bruited to, subpoena, interrogatories,
production of documents and depositions.
B. Upon termination of the rate regulation proceeding, the City shall adopt and release a written decision whether
the rates or proposed rate increase are reasonable or unreasonable, and, if unreasonable, its remedy, including
prospective rate reduction, rate prescription and refunds.
C. The City may not impose any fines, penalties, forfeitures or other sanctions, other than permitted by the FCC rules
and regulations, for charging an unreasonable rate or proposing an unreasonable rate increase. However, the City
may impose fines or monetary forfeitures on a cable operator that does not comply with a rate decision or refund
order of the City, directed specifically at the cable operator, pursuant to the laws of the state and the City Code.
D. Consistent with the FCC rules and regulations, the City's decision may be reviewed only by the FCC.
E. The City shall be authorized, at any time, to gather information as necessary to exercise its jurisdiction as
authorized by the laws of the state, the Cable Act, and the FCC rules and regulations. Any information submitted
to the City shall be verified by an appropriate official of the cable television system supervising the preparation of
the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the
response is true and accurate to the best of that person's knowledge, information and belief formed after reason'
able inquiry.
Sec. 12-4-40: Certification.
The City shall file with the FCC the requixed certification as necessary.
Sec. 12-4-41: Notification of changes.
With regard to the cable programming service tier, as defined by the Cable Act and the FCC rules and regulations,
and over which the City is not empowered to exercise rate regulation, the cable operator shall give notice to the City of
any change in rates for the cable programming service tier or tiers, any change in the charge for equipment required to
receive the tier or tiers, and any changes in the nature of the services provided, including the program services included
in the tier or tiers. Said notice shall be provided to the City at least thirty (30) business days prior to any change
becoming effective.
Sec. 12-4-42: Cable official.
The City may delegate its power to enforce this division to the Iowa City Telecommunications Commission or to
employees or officers of the City, to be known as the cable official The cable official shall have authority to:
A. Administer oaths and affirmations;
B. Issue subpoenas;
C. Examine witnesses;
D. Rule upon questions of evidence;
E. Take or cause depositions to be taken;
F. Conduct proceedings in accordance with this division;
G. Hold conferences for the settlement or simplification of the issues by consent of the parties; and
H. Take actions and make decisions or recommend decisions in conformity with this division.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION III. 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and pubhcation,
as provided by law.
Passed and approved this __ day of ,2005.
MAYOR
ATTEST:
CITY CLERK
Approve~j ~ .~_
City Attorney's Office
Ordinance No.
Page 30
cabletv\enab~ng.doc
2005 FRANCHISE AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND MCC IOWA LLC (MEDIACOM)
Page 1 of 47
TABLE OF CONTENTS
I. NONEXCLUSIVE FRANCHISE ............................................................. 1
II. GPJINTED TO MCC IOWA LLC ............................................................ 1
III. RIGHT OF CITY TO ISSUE FRANCHISE ................................................ 2
IV. TERM ............................................................................................. 2
V. FRANCHISE NONEXCLUSIVE .............................................................. 2
VI. DEFINITIONS .................................................................................. 2
VII. SERVICE AREA ................................................................................................... 2
VIII. SYSTEM AND
CAPACITY ............................................................................................ 3
IX. CONSTRUCTION .............................................................................. 7
X. SYSTEM SERVICES .............. ~ .............................................................................. 7
XI. ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND
SERVICES ............................................................................................ 8
XII. INTERCONNECTION ....................................................................... 11
XIII. SUBSCRIBER INFORMATION A_ND POLICY ........................................ 12
XIV. NON-DISCRIMINATION .................................................................. 14
XV~ R3tTES ................................................................................................. 14
XVI. FRANCHISE RENEWAL ................................................................... 14
XVII. POLICE POWERS.....[ ..................................................................... 14
XVIII. FRANCHISE FEE AND PERFORMANCE BOND .................................. 14
XIX. REGULATION, ............................................................................... 15
XX. REMEDIES ..................................................................................... 15
XXI. COOPERATION ..................................................................................... 16
Page 2 o£47
XXII. WAIVER .............................................................................................. 16
XXIII. CUMULATIVE
PROVISION ........................................................................................... 17
XXIV. NO LIABILITY .......................................................................................... 17
APPENDICES
A. General System Design Specifications
B. Drop Technical parameters
C. Delivery system equipment list
D. Test equipment available to Iowa City within 24 hours
E. Preventative maintenance program
F. Franchisee's construction manual
G. Cutover process
H. Programming categories
I. Free drop locations
J. Access channel placement
K. Access publicity
L. Business and repair hours
Page 3 of 47
BROADBAND TELECOMMUNICATIONS FRANCHISE AGREEMENT
I. NONEXCLUSIVE FRANCHISE
A. This section grants a thirteen-year nonexclusive Franchise to operate a
cable television system to MCC Iowa LLC (hereinafter referred to as Franchisee). The
Franchise granted shall, as set forth below, be subject to the provisions of the
Broadband Telecommunications Enabling Ordinance and this Franchise Agreement.
B. Subject to Section 626 of the Cable Television Consumer Protection
and Competition Act of 1992 and the Telecommunications Act of 1996, the City
Council reserves the right to refuse to select a Franchise holder if such refusal is
subsequently deemed to be in the public interest.
C. If the terms and conditions specified in this Franchise conflict or
modify the Ordinance, the provisions of the Ordinance shall apply.
II. GRANTED TO MCC Iowa LLC
A. Purpose. Th~ purpose of this section is to award a Franchise, for a cable
television system to MCC Iowa LLC. Franchisee will endeavor to provide top quality
cable service.
B. Enactment. Franchisee is hereby granted a nonexclusive Franchise to
operate a cable television system within the City in accordance with the Ordinance of
this title, which establishes standards, regulations and procedures for the granting of a
cable television Franchise, this Franchise and the rules and regulations adopted by the
Iowa City Telecommunications Commission, all Ordinances of the City and all
applicable rules and regulations of the Federal Communications Commission and the
State.
C. Effective Date. This Franchise shall not become finally effective until
the Franchisee files an acceptance in writing with the City of Iowa City. The
Franchisee shall have up to sixty (60) days from the date the franchise is signed by
Page 4 of 47
the Mayor to provide such written acceptance. Immediately upon the taking effect of
this Franchise Agreement, the prior franchise granted to MCC Iowa LLC shall be
superseded and of no further force and effect; provided, however, vested rights
relating to billings and the City's rights to accrued franchise fees shall not be affected
thereby.
D. Use of Public Ways. For the purpose of operating and maintaining a cable
television system in the City, Franchisee may erect, in, over, under, or upon, across, and
along the public streets, alleys, and ways within the City such wires, cables, fiber optics,
conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals,
attachments, and other property and equipment as are necessary and appurtenant to the
operation of the cable television system in the City and in accordance with this Franchise
and the Ordinance.
III. RIGHT OF CITY TO ISSUE FRANCHISE.
Franchisee acknowledges and accepts the legal right of the City to issue this Franchise.
IV. TERM.
The term of the Franchise shall be for a period of thirteen (13) years from the
effective date, unless sooner terminated as provided in the Ordinance, at which time it
shall expire and be of no further force and effect.
V. FRANCHISE NONEXCLUSIVE.
Consistent with the requirements of the Ordinance, this Franchise shall not be
construed as any limitation upon the right of the City to grant to other persons rights,
privileges, or authorities similar to the fights, privileges, and authorities herein set forth,
in the same or other streets, alleys, or other public ways or public places. The City
specifically reserves the right to grant at any time during the term of this Franchise or
renewal thereof, if any, such additional Franchises for a cable communications system as
it deems appropriate. In the event the Franchising Authority enters into a franchise with
any other person or entity other than the Franchisee to enter into the City's streets and
public ways for the purpose of constructing or operating a cable television system to any
part of the service area, the material provisions thereof shall be reasonably comparable to
those contained herein, taking into account the size and population of the franchised area,
including but not limited to, franchise fee, external costs, access fees, if applicable,
design, term, density requirements and system capacity requirements.
VI. DEFINITIONS.
All definitions set forth in the Ordinance pertain to this Franchise and shall be
relevant to the purposes and meaning of this Franchise.
VII. SERVICE AREA.
Page 5 of 47
A. Service to all Residents. Franchisee shall offer cable television
residences service to all areas of the City which are in the corporate limits of the City
of Iowa City and that meet the density requirements under paragraph B of this
section, on the effective date of this Franchise. The Showers Addition and/or Camp
Cardinal Road shall be served within six (6) months of when the City extends City
services and requests services to the Showers Addition and/or Camp Cardinal Road
respectively.
B. New Residential Construction. Franchisee shall extend service to all
new residences in all unwired developments within six months of a request of a
subscriber in an area to be served by underground construction and within three
months of a request of a subscriber for areas to be served aerially, whenever density
of at least twenty (20) residential dwelling units per cable plant mile; as measured
from the existing facilities of Franchisee's cable system in the franchise area. For
purposes of this section,~ density per cable mile shall be computed by dividing the
number of residential dwelling units in the area by the length, in miles or fractions
thereof, of the total length of aerial or underground cable necessary to make service
available to the residential dwelling units in such area in accordance with
Franchisee's system design parameters. The cable length shall be measured from the
nearest point on the then existing system. The total cable length shall exclude the
drop cable necessary to serve individual subscriber premises.
C. Contribution-in-aid. If an area does not meet the required number of
residential dwelling units per cable mile, Franchisee shall bear its pro-rata share of the
current construction costs based upon the actual number of residential dwelling units
per mile. For example, if there are 5 residential dwelling units in a residentially zoned
area, the Franchisee's share would be 5/20ths or 1/4 of the construction cost. The
remaining construction costs shall be borne on a pro-rata basis by each cable
television subscriber. After completion of the project, should additional subscribers
request and receive cable television service, the pro-rata shares shall be recalculated.
Any new subscriber shall pay the new pro-rata share and all prior contributing
subscribers shall receive appropriate refunds. In any event, at the end of two (2) years
from the completion of residential construction in the area, the subscribers shall no
longer be eligible for refunds, and any amounts paid in construction costs will be
credited to the plant account of Franchisee.
D. Service Area. The service area of Franchisee shall be the entire corporate
boundaries of the City of Iowa City and include any areas annexed to the City in the
future.
E. Commercial Service. Franchisee shall, upon request, make service
available to all commercial/industrial establishments served aerially which are located
within 125 feet of the system at Franchisee's standard installation rate expense. For
commercial/industrial establishments served underground or for aerial extensions beyond
125 feet, Franchisee shall, upon request, make service available on the basis of a capital
Page 6 of 47
contribution in aid of construction, including cost of material, labor, and easements. For
the purpose of determining the amount of capital contribution in aid of construction to be
borne by the Franchisee and the commercial/industrial establishments in the area in
which service may be expanded, the Franchisee will contribute an amount equal to the
construction and other costs per mile, multiplied by a fraction whose numerator equals
the actual number of commercial/industrial establishments per 1320 cable-bearing strand
feet of its trunks or distribution cable, and whose denominator equals eight (8)
commercial/industrial establishments. Commercial/industrial establishments who request
service hereunder will bear the remainder of the construction and other costs on a pm-rata
basis. The Franchisee may require that the payment of the capital contribution in aid of
construction be borne by such potential commercial/industrial establishments be paid in
advance.
F. House Moving. Franchisee shall, upon the request of the City, move and
replace its facilities to accommodate house moves conducted on behalf of the City, at a
time and materials cost to the City. Wherever feasible, the City shall use its best efforts to
ensure that house moves follow the same or similar path.
VIII. SYSTEM AND CAPACITY.
A. System. The parties understand and agree that Franchisee shall construct
a cable system which delivers cable television signals processed at 750 MHz utilizing a
fiber to the node design or better. The system will be designed so that there are no
more than five (5) amplifiers in cascade. Fiber optic receiver nodes loc~/ted throughout
the plant will divide the distribution of cable signals to an average of 500 homes per
fiber node or less. Further, Franchisee will provide 5-40 MHz upstream from each fiber
node. The system shall be constructed and operated in accordance with the design
specifications in Appendix A, attached hereto and incorporated by reference. The
system shall be operated in accordance with performance standards which meet or
exceed FCC regulations.
B. Construction Timetable. If the Franchisee upgrades or rebuilds its system,
the Franchisee shall notify the City of the extent and duration of construction. Two
months prior to the initiation of construction of any system-wide upgrade or rebuild,
Franchisee shall provide a neighborhood construction schedule which details the
timeframe for construction in each neighborhood and area of the City.
C. Construction Oversight. After any upgrade or rebuild, Franchisee will
inspect 100% of all fiber and coaxial cable to insure that it meets the specifications of the
Ordinance and this Franchise and Franchisee will inspect and audit 35% of the subscriber
drops. The Franchisee shall designate an employee to act as a company representative by
responding to public service complaints on a daily basis during any upgrade or rebuild
and provide the City with the person's name and telephone number.
Page 7 of 47
D. Compliance with Applicable Law. In constructing, operating and
maintaining the system, Franchisee shall at all times comply with the Ordinance and all
applicable laws and regulations.
E. Drops. All drops not meeting the standards of the National Electric Safety
Code or the technical parameters in Appendix B, attached hereto and incorporated by
reference, shall be replaced when found to be substandard. The system shall be designed
to allow each subscriber drop to provide service to four (4) television outlets.
F. Equipment Quality. Equipment used for the distribution system, headend
and reception facilities shall be of good and durable quality and be serviced and repaired
on a regular basis and shall at all times be of equal or better quality than the equipment
listed in Appendix C, attached hereto and incorporated by reference.
G. Services, Equipment and Facilities. Up to one year after new cable
services, equipment, and/or facilities are offered by Mediacom Communications
Corporation or its subsidiaries in: the City of Ames, Iowa; municipalities served by the
same headend as Iowa City; municipalities served by the headend in Mason City; or
municipalities served by the headend in Fairfield, excluding experimental and
demonstration projects, Franchisee shall make new services, equipment and/or facilities
available to all subscribers requesting such level of service. Such new services,
equipment and/or facilities shall comply with the then national standards for digital
technology and shall provide state-of-the-art features equal to those being introduced
during the same year in other systems owned by Mediacom Communications Corporation
or its subsidiaries in: the City of Ames, Iowa; municipalities served by the same headend
as Iowa City; municipalities served by the headend in Mason City; or municipalities
served by the headend in Fairfield. If the Franchisee believes that any such state-of-the-
art features will not generate a reasonable rate of return over the remaining term of the
Franchise Agreement; the Franchisee may request the City to relieve the Franchisee of
such requirement. The City shall determine, taking cost, rate of return and rates into
consideration, whether the Franchisee should be relieved of the requirement or whether
the Franchisee can reasonably expect a reasonable return on investment during the
remaining term of the Franchise Agreement and should provide such state-of-the-art
feature. Franchisee shall be given an opportunity to present information to the City
Council prior to a decision being made. Notwithstanding the above, no requirement to
provide telephone service shall be required by this Section. All programming services
exclusively offering adult rated programming shall provide picture and audio scrambling
of services not purchased by a specific subscriber. Franchisee shall maintain its trap
system, as needed, for subscribers not utilizing converters. The City Council may, in its
discretion, extend the time for the Franchisee, acting in good faith, to provide new
services, equipment and/or facilities. The timeframe for providing new services,
equipment and/or facilities shall be extended for any period during which the
Franchisee demonstrates to the satisfaction of the City that the Franchisee is being
subjected to delay due to circumstances reasonably beyond its control, such as acts of
God and labor strikes.
Page 8 of 47
H. Upstream Capacity for City Use. Franchisee shall reserve and give the
City the option to use the up and downstream capacity on the cable system not to
exceed one-half (1/2) MHz in either direction, to allow the City to collect data and
other signals from subscriber homes or City sites for non-commercial governmental
and educational purposes only. Franchisee shall cooperate with the City on pilot
projects and Citywide implementation, including but not limited to, City installation
and use of equipment which utilizes a larger amount of bandwidth than described
above, if necessary, so long as the actual bandwidth utilized by the City is the same or
less than that described above. Franchisee shall allow the City to co-locate necessary
equipment on the cable system provided said equipment does not interfere with the
system's integrity. The Franchisee shall provide such capacity to the City at a rate
which, at a maximum, shall be equal to the lowest rate provided to any commercial
customer or subsidiary company. Ongoing maintenance charges will be at cost and at
the City's option, such cost will be paid by the City or a third party.
I. Emergency Alert. Franchisee shall continue to provide an all-channel,
local emergency alert system for use by the City if the City has filed all necessary
plans required by state and federal emergency management agencies. Emergency
messages can be initiated from any touch-tone phone with an access code. The
emergency alert service shall be upgraded throughout the Franchise term as set forth
in FCC rules, regulations, or guidelines. The Franchisee shall not be held responsible
for any failure of the emergency alert system to operate during any emergency.
J. Test Equipment. Throughout the term of the Franchise, Franchisee shall
have accessible to Iowa City within a 24-hour period, test equipment equal to or
better than that specified in Appendix D, attached hereto and incorporated by
reference.
K. Ongoing Preventive Maintenance. Franchisee will comply with the
preventive maintenance program specified in Appendix E, attached hereto and
incorporated by reference.
L. Interference on Channel 19. Franchisee will not use Channel 19 for
video, but for alphanumeric purposes, to avoid interference from radio/pagers. During
the term of the Franchise, Franchisee will provide notice to consumers, on how
interference problems experienced by customers on specific channels can be alleviated,
through TV ads and billing messages mailed to subscribers.
M. Satellite Earth Station. The system configuration shall include earth
stations which shall ensure the ability to receive signals from operational
communications satellites that predominately carry programming services available to
cable systems throughout the life of the Franchise.
N. Standby Power. Franchisee shall provide 20,000 Watt standby power-
generating capacity at the headend. Franchisee shall maintain standby power system
Page 9 of 47
supplies, rated for at least two and one-half (2.5) hours duration at all optical node
locations in the distribution network.
O. Parental Control Devices. Franchisee shall provide to subscribers, upon
request, parental control devices that allow any channel or channels to be locked out.
Such devices shall block both the video and the audio portion of such channels to the
extent that both are unintelligible. The cost to subscribers for parental control devices is
subject to FCC regulation.
P. Performance Testing. Franchisee shall perform all system tests and
maintenance procedures as required by and in accordance with: the FCC; Franchise;
Ordinance; Franchisee's standards of good operating practice; and the National Cable
Television Association's test procedure guidelines.
Q. Technical Standards. The cable communications system permitted to be
operated hereunder shall be installed and operated in conformance with the Ordinance,
this Franchise, and FCC rules and regulations. Any FCC technical standards or guidelines
related to the cable communications system and facilities shall be deemed to be
regulations under this Franchise. At such time as the FCC does not regulate technical
standards, Franchisee will continue to comply with the FCC standards which were in
effect on the effective date of this Franchise.
R. Employee Identification. Franchisee shall provide a standard identification
document to all employees, including employees of subcontractors, who will be in
contact with the public. Such documents shall include a telephone number that can be
used to verify identification. In addition, Franchisee shall use its best efforts to clearly
identify all field personnel, vehicles, and other major equipment that are operating under
the authority of Franchisee.
S. Stereo. Upon completion of the rebuild, the system will have the
capability and shall provide Broadcast Television Systems Committee (BTSC) stereo
signals.
IX. CONSTRUCTION.
A. System Design Review. The City shall have the authority to review the
technical design plans of the system for any upgrade or rebuild to ensure that the system
design meets the requirements of this Franchise, the Ordinance, as well as applicable
portions of the City Code governing construction within public rights-of-way and
applicable local regulations. Franchisee shall provide the following design information:
engineering design maps; key for design maps; system level design information (e.g.,
block diagram of headend, satellite or off-air studies, power supply map); test plan for
the existing coaxial cable to be used in the system; and contact engineer who will be
available to discuss project details. On a case by case basis, Franchisee may use existing
coaxial cable which meets manufacturer specifications. Franchisee shall perform end of
the line test to ensure that the' coaxial cable plant tested performs according to
Page 10 of 47
manufacturer specifications. In cases where the cable does not meet such specifications,
Franchisee shall replace the cable and shall use its best efforts to minimize disruption to
effected subscribers. The City shall protect the proprietary system design information
submitted by Franchisee. The Franchisee shall send the design information to the
location specified by the City as such maps are available to the Franchisee. Franchisee's
regional engineer will review the design with City designated persons.
B. Construction Manual. Franchisee shall construct the system in accordance
with Franchisee's construction manual. See Appendix F, attached hereto and incorporated
by reference. The Franchisee shall follow the permitting process as specified by the City.
C. Underground Construction. Franchisee shall participate in and use Iowa
One Call and ensure that cable is buried at a depth of a minimum of twelve inches (12").
Temporary drops will be buried within one month of installation, weather permitting.
D. Consumer Compatibility. Franchisee shall comply with FCC consumer
compatibility rules and guidelines and will use its best efforts to provide subscriber
friendly technology. The basic tier of service shall be offered in a format compatible with
FCC regulations.
E. Conversion. Subscribers shall not be charged by Franchisee for conversion
from the existing system to any upgraded or rebuilt system. In the event that special
additional or customized equipment is requested by any subscriber or is required to
provide such service to any subscriber, Franchisee may charge the subscriber for such
equipment. So that customers will experience the least possible interruption of service,
Franchisee shall perform the cutover to the new system as specified in Appendix G,
attached hereto and incorporated by reference. Franchisee will notify subscribers and the
public in general of the cutover, using a combination of at least two of the following: bill
stuffers; direct mail; news releases; radio announcements; CSR training; and community
bulletin board announcements. Internal wiring shall comply with the Iowa City Electrical
Code.
X. SYSTEM SERVICES.
A. Additional Services. Franchisee shall provide a good mix of
entertainment and information programming generally available to the cable television
industry, taking into account the needs and interests of the population of the City of Iowa
City. At a minimum, the system shall provide the broad categories of programming
specified in Appendix H, attached hereto and incorporated by reference. Prior to selecting
all the new services to be offered after any upgrade or rebuild, Franchisee shall conduct a
statistically valid consumer market survey by telephone of 200 randomly selected homes
to assess what new programming consumers are most interested in receiving, in addition
to those specified in Appendix H. Franchisee shall use its best efforts to provide the
programming that had the highest degree of community interest and that would serve the
community interests indicated in their own survey and in any consumer market survey
Page 11 of 47
conducted on behalf of the City. The results of the consumer market survey will be
provided to the City within thirty (30) days of completion.
B. Leased Access Channels. Franchisee shall offer leased access channels at
such terms and conditions and rates as may be negotiated with each lessee subject to the
requirements of Section 612 of the Cable Act.
C. Cable Drops and Monthly Service. Franchisee shall provide one free cable
drop and free, basic and tier services, excluding premium services, audio services, pay-
per-view, etc., to locations already provided with free drops, locations listed in Appendix
I, attached hereto and incorporated by reference, and at any other public buildings
designated by the City. All non-premium programming and closed-circuit training
programming shall be transmitted to all of these locations on the cable system, free of
charge.
D. Institutional Channels. If allowed by Federal law and regulation, the
government and educational access channels shall be provided with the capability to
transmit for closed-circuit institutional programming. The Franchisee shall provide an
appropriate device for the reception of scrambled institutional programming offered over
the subscriber network on the scrambled government and educational access channels to
all local government and educational locations receiving free drops and service. The
necessary headend equipment for modulation, scrambling, and cablecasting of the
closed-circuit signals shall be provided by the Franchisee. Franchisee shall provide
channel scrambling as requested by the City and educational institutions on the
scrambled government and educational access channels.
E. Closed Captioning. Franchisee shall pass through all closed-circuit
signals received by the system for the hearing impaired. Closed-caption devices will
be provided for sale and installation by Franchisee.
F. Interactive Services. Franchisee shall provide one free cable modem and
free cable modem/Internet service for all public schools.
XI. ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES.
In order to develop and promote public, educational, and government access
programming for the system's access channels, Franchisee hereby agrees to provide
the following.
A. Access Channels. Franchisee shall use its best efforts to maintain the
number and channel position of the access channels as shown in Appendix J, attached
hereto and incorporated by reference. Franchisee shall provide the following number
of dedicated access channels: three (3) channels for government access; two (2)
channels for educational access; one (1) channel for public access; and one (1)
channel for Kirkwood Community College. Upon the City's request, Franchisee shall
Page 12 of 47
activate the following additional access channels on the basic tier; one (1) channel for
community programming and/or access and one (1) channel for educational access.
Upon the request of the City, whenever any public access channels as set forth in this
section shows documented proof of performance that they are in use 80% of the
cablecast week for any 6 week consecutive timeframe, gi.ven at least 8 hours per day,
7 days per Week cablecast schedule, with at least 80% (of the time the channel is
programmed), unduplicated locally originated programming, the Franchisee shall
make such additional access channels) available as necessary for access use within 6
months of receipt of request by the City. The City agrees to share the above listed
access channels with other communities served by the same headend on a switched
basis. Franchisee shall provide automatic switching from a site selected by the City
for any switching needed by the City to allow City programming to be viewed within
the City while other communities may be viewing other governmental programs.
Other communities, such as Coralville, served by the same headend shall have remote
switching capability to allow programming to be viewed within their respective
municipalities while Iowa City programming continues to be viewed within the City
of Iowa City.
In the spectrum between 550 MHz and 750 MHz, and if Franchisee expands
bandwidth, the City reserves ten percent of the bandwidth for public, educational and
government access use up to 100 analog channels. Such bandwidth will be made
available within six (6) months of a request by the City. The City shall make such
request when the governmental, educational, and/or public access entities have
demonstrated to the City that such additional capacity is needed and usage meets the
formula for bandwidth activation specified above.
Such additional capacity shall be dedicated for the type of access specified by
the City. All active access channels shall be placed on the basic tier of service, unless
both parties mutually agree otherwise.
The City may prescribe: rules and procedures under which the cable operator
is permitted to use access channel capacity for the provision of other services if such
channel capacity is not being used for the purposes designated; and rules and
procedures under which such permitted use shall cease.
B. Access Equipment, Support, and Facilities. The Franchisee shall
provide the City with funds in monthly payments for equipment, facilities, and
ongoing support for public, educational, governmental access, and community access
programming, in an amount equivalent to fifty-five (55) cents per subscriber per
month starting on the effective date of this franchise extension and, thereafter, until
the conclusion of the fifth year of the term. At the beginning of the sixth year of the
term and for the remainder of the franchise term, the Franchisee shall provide the City
with payments, for the purposes listed above, in an amount equivalent to sixty (60)
cents per subscriber per month. Both parties agree that all such funds will not be
deducted from the franchise fee. The City agrees that all amounts paid by Franchisee
pursuant to this section may be added to the price of cable services and collected from
Page 13 of 47
Franchisee's subscribers as "external costs" as such term is used in 47 C.F.R. on the
effective date of this Franchise. In addition, all amounts paid under this section may
be separately stated on subscriber's bills as permitted in 47 C.F.R. 76.985. Such
payments will be made by the Franchisee to the City on a monthly basis.
C. Access Services. Franchisee agrees to continue to provide to the non-
profit corporation designated by the City and/or other entities designated by the City,
including the City itself, to carry out the day-to-day operations of public access and
community programming with annual payments based on a $189,923.44 annual
payment for the calendar year 2005. Said amount shall be increased successively
thereafter annually for inflation for the term of the Franchise. Both parties agree that
all said funds for access services will not be deducted from the franchise fee and
agree that only the annual inflation adjustments may be passed through to subscribers
and may be separately stated on subscriber's bills. This is in addition to the amount
specified in paragraph B above. All inflation adjustments shall be based upon the
annual change in the CPI-U, U.S. Cities Average, published by the U.S. Department
of Labor, using the base month of September each year. All annual payments shall be
due January Ist of each year.
D. Publicity. Franchisee agrees to provide the publicity services as
specified in Appendix K, attached hereto and incorporated by reference.
The Franchisee shall provide one hundred (100) run of scheduled public
service announcements per month for use by the City or access channel operators.
Production of the public service announcements will be the responsibility of the City
or the access channel operators.
E. Optical Transmission Equipment. The Franchisee agrees to provide one
digital, optical transmission package. The Franchisee agrees to connect the optical
equipment using coaxial cable or fiber optics with the Library, the Senior Center, City
Hall, and a school site (including but not limited to the permanent access channel(s),
the library channel, the public access channel, the government channel, the
community programming channel and the educational access channel).
F. Closed Circuit Operations. Franchisee shall provide, free of charge, an
appropriate device for the reception of scrambled institutional programming offered
over the subscriber network to schools and government buildings receiving free drops
and service.
The necessary headend equipment for modulation, scrambling, and
cablecasting of the closed-circuit signals on the educational, and government access
channels, shall also be provided. Franchisee shall provide channel scrambling as
requested by government and educational access channel operators. Franchisee shall
provide the City and schools with 185 converters and scrambling devices, free of
charge, within one hundred twenty (120) days of the completion of the rebuild.
Page 14 of 47
G. Signal Quality. Franchisee shall assure that the access channel delivery
system from the City Hall and all other origination points specified herein meet the
same technical standards as the remainder of the system as set forth in Section VIII
herein. Annually, or upon request by the City, Franchisee shall test the delivery
system from the origination sites to ensure a high quality picture is provided to
subscribers. Grantee shall use reasonable efforts to optimize the picture quality of the
access channel delivery system.
H. Treatment. The Franchisee will confer with the City on the content and
format of any separate line item on the monthly bill related to local programming.
I. Origination Sites. The Franchisee shall maintain and/or replace and
maintain throughout the franchise term, the active origination lines from the locations
from which local programming can be originated on the effective date of this
Franchise to the Franchisee's headend.
The Franchisee shall provide two thirds of the costs of constructing origination
capability to: Dubuque and Iowa streets; Clinton and Iowa streets; and an extension at
the Library. The City shall pay one third of such costs. The costs shall not exceed the
following: $23,505 for the origination site at Dubuque Street and Iowa Avenue;
$32,499 for the origination site at Clinton Street and Iowa Avenue; and $7,200 for the
library origination site extension to allow programming near the fountain. Franchisee
shall construct the origination sites upon the written request of the City, starting in
2006. The City shall determine the order of construction of the sites and the timing
for construction. The Franchisee shall not be required to construct more than one site
per year. The Franchisee shall complete construction of each origination site no later
than June 30th of the following calendar year upon receipt of a written request from
the City. Franchisee shall design the origination site routing in cooperation with the
City.
In addition to the origination sites financed as described above, the Franchisee
agrees to construct additional origination lines upon the request of the City, if the
expense of the additional lines is borne by the City or other City designated entities,
the cost for such origination lines shall not exceed the Franchisee's actual cost of
construction. Any such additional fiber optic lines shall use the most efficient routing
and shall be designed in cooperation with the City.
XII. INTERCONNECTION.
A. Interconnection. Franchisee's system design shall allow originating
institution's signals (public, educational, and governmental channels) to be made
available in contiguous communities which are served by the Iowa City headend. If
legal and technically feasible, Franchisee agrees to allow interconnection with
communities not served by the Iowa City headend provided, however, that such
communities, the City, and/or a third party, supply and bear the cost for the
interconnect to Franchisee's headend or locations on the system easiest to reach
Page 15 of 47
and/or at the least cost, related to access programming origination distribution. Access
to Franchisee's headend and equipment will be limited to Franchisee's personnel.
Such personnel shall supervise any activity with regard to this section.
B. University Cooperation. The Franchisee shall use its best efforts to
accommodate the telecommunications needs of the University, its staff, and students.
In the event the University proposes a joint venture or other proposal for services, the
Company shall review the proposal and respond within ninety (90) days of receipt.
XIII. SUBSCRIBER INFORMATION AND POLICY.
A. Subscriber Information. At the time an installation or service agreement is
to be signed or at the time Franchisee solicits residents, Franchisee shall furnish to each
subscriber a simple, but thorough written explanation of all services offered; the fees,
charges, terms and conditions of such services; information regarding billing and service
calls; complaints; information regarding the availability of parental control devices; and a
complete statement of the subscriber's right to privacy in conformance with 47 U.S.
Section 631, as it may be amended. Thereafter, Franchisee shall provide subscribers with
privacy information and other information, as required by FCC regulations, as amended.
Such subscriber information shall be filed with the City concurrent with distribution to
subscribers.
B. Business Offices and Personnel. Franchisee shall establish and maintain
a business office within the City which shall, at a minimum, be open to receive
payments and subscriber equipment for the hours specified in the Appendix L, attached
hereto and incorporated by reference. Franchisee shall also provide personnel, telephone
service, including a locally listed telephone number, and other equipment, as needed
within the area, to ensure timely, efficient and effective service to consumers and for the
purpose of receiving inquiries, requests and complaints concerning all aspects of the
construction, installation, operation, and maintenance of the system and for the payment
of subscribers' service charges.
C. Subscriber Complaints. Pursuant to the Ordinance, Franchisee shall
promptly respond to and resolve all subscriber complaints. However, nothing herein shall
require Franchisee to maintain or repair any equipment not provided by it.
D. Major Outages. Franchisee shall maintain records of all major outages
defined as a discontinuation of cable service from one or more fiber nodes in the City of
Iowa City. Such records shall indicate the estimated number of subscribers affected, the
date and time of first notification or of Franchisee knowledge of the outage, the date and
time service was restored, the cause of the outage and a description of the corrective
action taken. Such records shall be available to the City during normal business hours
upon reasonable prior notice and retained in Franchisee's files for not less than five (5)
years. Upon written request of the City, a statistical summary of such records shall be
prepared by Franchisee and submitted to the City annually.
Page 16 of 47
E. Customer Handbook. Franchisee shall provide written customer policies
or a handbook to all new subscribers and, thereafter, upon request. Franchisee's written
customer policies or handbook shall, at a minimum, comply with all notice requirements
in the Ordinance and those promulgated by the FCC. If Franchisee's operating rules are
changed subscribers shall be notified in a timely manner. Rate and consumer complaint
information will be distributed annually to subscribers. Franchisee shall file a consumer
handbook with the City annually.
F. FCC Standards. Franchisee shall meet the FCC's Standards for Customer
Service. If Franchisee does not meet the busy standards in two (2) consecutive quarters
the Franchisee shall add a minimum of one telephone line or make other changes in order
to satisfy the telephone busy standards. Franchisee shall provide to the City annual
management data, including data from any service centers used by the Franchisee related
to compliance with the FCC's Standards for Customer Service. At such time as
Franchisee does not meet the FCC and/or the Ordinance requirements for repair for one
quarter, Franchisee shall take corrective action to ensure that such standards are met
during the next quarter. At such time as the FCC no longer promulgates Consumer
Service Standards the FCC standards in effect on the effective date of this Franchise will
be in force.
G. Downgrades. Subscribers shall have the right to have cable service
downgraded in accordance with FCC rules. No charge shall be made for disconnection of
basic service. The billing for such service will be effective immediately and such
disconnection or downgrade shall be made as soon as practicable. A refund of unused
service charges shall be paid to the customer within forty-five (45) days from the date of
termination of service.
H. Outages. For service interruptions of over four (4) hours and up to
fourteen (14) days, the Grantee shall provide, at the subscriber's verbal or written request,
a credit of one-thirtieth (1/30) of one month's fees for affected services for each 24-hour
period service is interrupted for four (4) or more hours. For service interruptions of over
fourteen (14) days, the Grantee shall provide, at the subscriber's verbal or written request
for a rebate, a credit of one month's fees for affected services. This provision shall not
apply if the service interruption is the result of a cable system upgrade or rebuild. The
Franchisee shall provide written notice to subscribers' quarterly of the availability of
credits for outages.
I. Subscriber Contracts. All contracts between Franchisee and their
subscribers shall be in compliance with the Ordinance and this Franchise. Franchisee
shall file a copy of the Franchisee's subscriber contract with the City annually.
J. Negative Option Billing. Franchisee shall comply with Federal law
regarding negative option billing.
K. Payment Stations. Throughout the term of the Franchise, Franchisee shall
maintain, at a minimum, three payment sites in addition to the Franchisee's office. Such
Page 17 of 47
payment stations shall be open during normal business hours and be dispersed throughout
the City. Franchisee shall continue to provide subscribers with the options to pay by
telephone and through automatic withdrawal.
L. TDD. Within 180 days of the effective date of this Franchise,
Franchisee shall install a TDD machine or utilize a recognized third party agent such
as Access Iowa to receive consumer messages from the hearing impaired.
M. Repair Calls. Franchisee shall offer subscribers repair service
appointments in two-hour windows. The Franchisee shall telephone the subscriber
prior to arriving for a repair call. Franchisee will conduct repair calls as specified in
Appendix L.
N. Installation. Subscriber service shall be installed within seven days of a
request during normal operating conditions.
O. Administrative Fee and Disconnects. Administrative fees are charged
on any accounts which have not been paic[ prior to the next billing cycle.
Disconnection of accounts due to non-payment occurs no sooner than after 45 days of
due date.
P. Subscriber Bill. Company shall include its name, address, and
telephone number on the subscriber bill and the portion of the bill retained by the
subscriber. Company shall have the City's address and telephone number included on
the subscriber's bills. At such time as the Company's billing system allows it, the
Company shall increase the size of the City related information on the bills. Company
shall, at least once annually, in the fall, provide a billing statement that informs
subscribers of the availability of the Company's snowbird policy for residents that
winter in another area.
XIV. NON-DISCRIMINATION.
Franchisee agrees that it shall not discriminate in providing service to the
public nor against any employee or applicant for employment because of race, color,
creed, religion, sex, disability, national origin, gender identity, age, sexual
orientation, or marital status. In the employment of persons, Franchisee shall
fully comply with applicable local, state and federal law, and shall take affirmative
action to ensure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, disability, gender
identity, national origin, age, sexual orientation, or marital status.
XV. RATES.
The City shall have the ability to regulate rates in accordance with Federal
law.
Page 18 of 47
XVI. FRANCHISE RENEWAL.
Subject to Section 626 of the Cable Television Consumer Protection and
Competition Act of 1992, as amended, this Franchise may be renewed by the City in
accordance with the Ordinance.
XVII. POLICE POWERS.
In accepting this Franchise, Franchisee acknowledges that its rights hereunder are
subject to the police powers of the City to adopt and enforce general Ordinances
necessary to the safety and welfare of the public and it agrees to comply with all
applicable general laws and Ordinances enacted by the City pursuant to such power.
XVIII. FRANCHISE FEE AND PERFORMANCE BOND.
A. Franchise Payments. Franchisee shall pay to the City a Franchise fee of
five (5%) percent of gross annual revenues or the maximum amount permitted by law,
whichever is higher, during the period of its operation under the Franchise, pursuant to
the provisions of the Ordinance. Any increase in the franchise fee shall be implemented
as soon as practicable, but no longer than forty-five (45) days,
B. Bonds. Franchisee shall furnish a construction bond to City as specified in
the Ordinance during the construction of the rebuild. Franchisee shall furnish a Letter of
Credit of $75,000 which shall be replenished within ten (10) days of use by the City as
specified in the Ordinance to a total amount of $500,000. Franchisee shall provide such
Letter of Credit to the City within sixty (60) days of the effective date of this Franchise.
The Letter of Credit should be maintained during the life of the Franchise, to guarantee
the faithful performance of all its obligations under this Franchise and the Ordinance.
XIX. REGULATION.
A. The City shall exercise appropriate regulatory authority under the
provisions of the Ordinance and this Franchise. Regulation may be exercised through any
duly designated City office or duly established Board or Commission or other body of the
City.
B. Franchisee, by accepting the rights hereby granted, agrees that it will
perform and keep all acts and obligations imposed, represented or promised by the
provisions of this Franchise, the Ordinance, and the renewal proposal.
C. The Franchisee agrees to indemnify the City and to hold the City harmless
from all claims against it by third parties arising out of its compliance with Section V to
the extent that such claims are not barred by Section 635A of the Cable Television
Page 19 of 47
Consumer Protection and Competition Act of 1992 (Limitation of Franchise Authority
Liability), or by any other provision of law.
D. In addition to the above, Franchisee agrees to defend, indemnify, save and hold
harmless City and other entities operating access channels in Iowa City, their officers,
boards and employees from and against any liability for damages, including attorney fees
and for any liability or claims resulting from any allegation that a public, educational or
government access channel in Iowa City on the Franchisee's cable system has infringed
upon the copyright or performance rights held by any person for music performed that is
part of any locally originated programming cablecast over public educational or
government access channels required as part of this Franchise.
XX. REMEDIES.
A. Schedule of Liquidated Damages. Because Franchisee's failure to comply
with certain material provisions of this Agreement and the Ordinance will result in injury
to the City or to subscribers, and because it will be difficult to estimate the extent of such
injury, the City and Franchisee hereby agree that the liquidated damages and penalties
stated in the Ordinance represent both parties' best estimate of the damages resulting from
the specified injury.
B. Violations. For the violation of any of the following, the City shall notify
Franchisee in writing of the violation. The City shall provide Franchisee with a detailed
written notice of any Franchise violation upon which it proposes to take action, and there
shall be a thirty (30) day period within which Franchisee may demonstrate that a
violation does not exist or cure an alleged violation or, if the violation cannot be
corrected in thirty (30) days, submit a plan satisfactory to the City to correct the violation.
If an alleged violation is proven to exist, and no cure or action on a plan acceptable to the
City has been received by the City within thirty (30) days, such liquidated damages shall
be chargeable to the Letter of Credit as set forth in the Ordinance if not tendered by
Franchisee within thirty (30) days. Franchisee may petition the City Council for relief
with just cause. The imposition of liquidated damages shall not preclude the City from
exercising the other enforcement provisions of the Ordinance, including revocation, or
other statutory or judicially imposed penalties. Liquidated damages may be imposed as
follows:
(1) For failure to complete construction or extend service in accordance with
Franchise: $250/day for each day the violation continues;
(2) For failure to comply with requirements for public, educational and
government access: $150/day for each day the violation continues;
(3) For failure to submit reports, maintain records, provide documents or
information: $150/day for each day the violation continues; and
Page 20 of 47
(4) For violation of customer service standards required by this Franchise, the
Ordinance, or by FCC regulation: $150/day per standard violated.
(5) For violation of the books and financial records provisions of this
Franchise and the Ordinance: up to $150/day for each day the violation
continues.
(6) For violation of other material provisions of this Franchise or the
Ordinance: up to $150/day for each day the violation continues.
XXI. COOPERATION.
The parties recognize that it is within their mutual best interests for the cable
television system to be operated as efficiently as possible in accordance with the
requirements set forth in this Agreement. To achieve this, parties agree to cooperate
with each other in accordance with the terms and provisions of this Franchise. Should
either party believe that the other is not acting timely or reasonably within the
confines of applicable regulations and procedures in responding to a request for
action, that party shall notify the person or agents specified herein. The person or
agent thus notified will use its best effort to facilitate the particular action requested.
XXII. WAIVER.
The failure of the City at any time to require performance by Franchisee of any
provision hereof shall in no way affect the right of the City hereafter to enforce the
same.
Nor shall the waiver by the City of any breach of any provision hereof be
taken to be a waiver of any succeeding breach of such provision, or as a waiver of the
provision itself.
XXIII.CUMULATIVE PROVISION.
The rights and remedies reserved to the City by this Franchise are cumulative
and shall be in addition to and not in derogation of any other rights or remedies which
the City may have with respect to the subject matter of this Franchise, and a waiver
thereof at any time shall have no effect on the enforcement of such rights or remedies
at a future time.
XXIV. NO LIABILITY.
Nothing herein shall be deemed to create civil liability by one party for the
action, omissions or negligence of the other party, or of a party's agents, employees,
officers or assigns. Each party shall be solely liable for claims against it by third
parties, whether arising under the Cable Television Consumer Protection and
Competition Act of 1992 or under any other provision of law.
Page 21 of 47
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on _, 2005.
CITY OF IOWA CITY, IOWA
A municipal corporation
ATTEST:
Mayor
Witness
MCC Iowa LLC
Witness
City Attorney's Offic~
Page 22 of 47
Appendices
A. General System Design Specifications
B. Drop technical parameters
C. Delivery system equipment list
D. Test equipment available to Iowa City within 24 hours
E. Preventative maintenance program
F. Franchisee's construction manual
G. Cutover process
H. Programming categories
I. Free Drop Locations
J. Access Channel Placement
K Access publicity
L. Business and Repair Hours
Page 23 of 47
APPENDIX A
General System Specifications (750 Mhz)
Distribution - End of Line (~ Ch. 77) NCTA Standard methods:
Carrier/Noise 46
2nd order beats 51
Triple order beats 51
Cross modulation 51
Tap outputs 54 MHz 9Db minimum
Tap outputs 750 MHz 14Db minimum
Fiber Link (output as node):
Cartier/Noise 49
2nd order beats 63
3rd order beats 63
Cross modulation 63
Page 24 o£47
APPENDIX B
Drop Technical Parameters
Coaxial cable shall meet the requirements of SCTE IPS-SP-001 or ANSI/SCTE 15 2001
as specified to a bandwidth of 1000 MHz
Page 25 of 47
APPENDIX C
Delivery System Equipment
Scientific Atlanta High Gain Model Gainmaker System Amps
Scientific Atlanta Line extender Model Gainmaker
Regal 1000 MHz line passives
Times Fiber 625 T10 series feeder cable
Times Fiber 875 T10 series trunk cable
Page 26 of 47
APPENDIX D
Test Equipment
1. Hewlett Packard Model # 8591C Spectrum Analyzer
2. Signal Analysis Meter - Wavetek MS 1400
A. Signal levels
B. C/N ratios
C. Hum in %
3. Wavetek Model 3 ST Bench Sweep
4. Wavetek Model SDA 5000 Field Sweep Meter
5. Comsonics Leakage Detector Model Sniffer Sleuth
6. Comsonics Leakage Detector Sniffer II & m's
7. FIS Optical Power Meter Model # OV-PM
8. Tekronix Model TV220 TDR Cable Tester
9. Tekronix Model TFS3031 Optical TDR
Page 27 of 47
APPENDIX E
Preventative Maintenance Procedures
The Iowa City system is driven off for signal leakage each quarter. Leaks are logged and
repaired by thc service technicians. All leakage logs arc kept on file in the Iowa City
office.
Page 28 of 47
APPENDIX F
Mediacom Upgrade/Splicing Procedures
(based on original document from Corporate dated 4/16/98)
1. Splicing specifications are provided by Mediacom, but due to resplice conditions, many locations
become a custom build. For example - field decisions regarding the use of extension connectors (3-
inch or 6-inch) to maintain proper spacing from the pole and to provide a uniform and straight entry
into the equipment on the input and output sides. Most locations will require the input loop to be
straightened and reformed (with Jackson/Lemco mechanical benders only - no boards, forms or hand-
formed loops) with the proper spacing (see attached drawings).
2. All strand-mounted equipment, including amplifiers, directional couplers, splitters and power inserters
will have input and output loops. Ifa power inserter falls at a location with a piece of feeder
equipment, the feeder equipment (tap, directional coupler or line extender) should be on brackets with
the power inserter mounted above it on the strand, just offsetting the bracket. Don't force the input
loop! Taps are the only devices that do not require an input loop, EXCEPT at terminating taps. The
loops at a terminating pole may be deleted in certain situations where the pole is accessible ONLY by
climbing.
3. Grounding and bonding:
a) All active components require either a bond or their own ground rod and
vertical groundwire at the pole ~ ~^'"^"*~' prior to and after the active.
b) All junction poles can be "share bonded" with the power or telephone vertical, but a split-bolt
connector must be connected below the CATV strand.
c) If local utilities allow, strand may be bonded to power or telephone. If no telephone or power
vertical exists, install a full vertical and ground rod.
d) For underground plant - no new grounds are required, and any existing grounds should be
reconnected securely.
4. All rusted lashing wire clamps and straps are to be replaced. Tree guard shall be installed beneath the
suspension clamp on all trunk or multiple cables.
5. On dual cable, two straps are placed in the bottom of each loop. Loops without two straps are to be
brought up to Mediacom specifications where contractor work is being performed. Skip (no cut) poles
do not have to be reworked, with the exception of straps, spacers, and lashing wire clamps.
6. Straight splices require an input loop, as well as the standard output loop.
7.' Do not place taps on preformed strand splices, deadends, or other obstructions.
8. Self-support cable shall be treated with the same specifications as any other cables. Split the cable
from the messenger with great care so as not to damage the jacket. Use straps and spacers (55 inches
Page 29 of 47
out from the suspension clamp), and Jackson/Lemco mechanical benders must be used to form the
loops. Forming boards are not allowed.
9. Where possible, taps are to be placed 18 inches from the suspension clamp. When necessary, one may
use a measurement of NO LESS THAN 12 INCHES to save a straight splice or extension connector.
10. When the combined length of multiple pieces of equipment would put the furthest connector beyond 4
feet from the suspension clamp, the equipment may be "split" into two separate pieces - which may
then be spliced on each side of the pole. All other applicable specifications shall be adhered to,
including length of doglegs, loops, etc.
11. Long, straight doglegs into equipment shall be the standard. There must be a minimum of 6 inches of
straight cable into any connector. There must be a minimum of 4 inches of straight cable into any strap
and spacer.
12. Any active house drops must have new "Snap-N-Seal" F connectors installed, with proper tools used
for preparation and installation. When moving span clamps, install them no closer than 18 inches from
the pole.
13. Mediacom mandated working hours are to be coordinated with Project Managers. Although local
requirements may vary, the following is recommended:
Trunk:
Off- 12 midnight
On - 6AM Answering service is to be notified before and after (by person
coordinating nighttime splicing)
Feeder:
Off- 6AM
On - 3:30 PM Areas to be affected by work must be logged on street sheets
the previous day, and faxed to the Regional dispatch center
No active system work is to be performed on weekends or holidays unless specified
in advance by Mediacom personnel.
14. Signal levels of amplifiers, and end-of-line levels are to be noted on amplifier log sheets, and the control maps, during upgrade.
Balancing is to be performed using channels 4, 58 or 70 (or applicable pilot channels) and two additional channels to be
designated. Log sheets will be collected daily.
15. Street sheets showing daily work locations are required to be turned in to the project supervisor, before
8:30AM each day.
16. Wall maps are to be marked up daily for Mediacom, with all end-of-line levels posted, noting any
added equipment or other design changes.
17. Contractors for Mediacom are required to provide magnetic identification signs for all tracks. Contract
personnel will carry photo ID cards identifying them as contractors for Mediacom.
18. Proper splicing techniques are to be used at all times:
a) Coring tools are required that leave a smooth edge on the coax sheath
(Cablematic or Lemco tools)
b) Center conductor cleaner tools must not damage copper cladding. The Plexiglas Y-190 tool works
well. No metal blades are allowed. Center conductors must be cut to length in accordance with
the connector manufacturer's specifications. EXPECT MEDIACOM TO REGULARLY
INSPECT SPLICING.
Page 30 of 47
19. Bishop #10 3-3/4" x 10' Electro-Seal tape will be applied to all housing to housing connectors. Do not
apply Bishop tape to 90°, 180°, or other connectors. The tape may be cut in half for easier application
in small spaces, but in any case should be stretched tight as it is wrapped.
20. In underground areas, all equipment will be securely mounted to the pedestal or closure with the
proper mounting bracket. Taps may be mounted directly to the pedestal, if a proper mounting point
exists. No equipment is to be left floating, or mounted to ground rods.
21. Pedestals will be replaced only if they are the incorrect size, or damaged. Dull paint is not a reason to
replace an otherwise functional metal pedestal.
22. Safety
a) Hard hats are to be worn whenever doing any aerial work.
b) Cones are to be set out at rear and front of truck.
c) Men Working signs shall be used when mandated.
d) Flares shall be used when conditions warrant.
e) Ladders must not be left unattended.
f) Debris including staples, loose wire, pieces of shielding or center conductors, connectors, etc.,
must not be left unattended at the job site.
General information
1. When applicable, use top feeder ports on amplifiers.
2. All splicing should conform to Mediacom's specifications regarding proper spacings, and uniform and
straight entry. If done properly, no individual's splicing can be singled out from the rest (see attached
drawings).
3. All equipment provided by Mediacom should be handled properly without abuse - including keeping it
dry, secure, etc. Organized trucks do help.
FIBER OPTIC CABLE SPECIFICATIONS AND NOTES
1. Underground fiber:
Depth will vary from region to region - a 36 inch to 42 inch depth will be considered a minimum.
One underground warning tape will be placed 12 inches above the cable. If all-dielectric fiber
cable is used, an additional tape with an integral metallic locating conductor will be placed directly
on top of the cable.
Use Budco Brady stakes for above grade warning markers. DO NOT place stakes directly above
the fiber path, or within the trench/plow path. NOTES:
· Conduit being used for fiber will be of nothing less than a schedule 40.
· Long distance fiber locators may be required due to long runs.
2. Aerial fiber:
The "bag loop" in the fiber at the pole, on the attached drawings, is exaggerated for clarity, and
should not be built as drawn. The loop at the pole should be a shallow, smooth curve that
maintains a slight separation between the fiber sheath and the suspension clamp.
Use Vikimatic (TVC) fiber optic warning tag - yellow or orange with black letters, to be attached
to bottom of loop at pole, with tie wraps.
Fiber lashing wire clamps will be placed on the pole side of the existing lashing wire clamps.
Above existing coaxial cable loops, fiber will be attached using stainless steel cable straps.
All fiber will be installed, no partial fiber reels will be brought back to the warehouse.
All fiber lashbacks will be installed 10 feet from the pole. Fiber loops will be teardrop-shaped,
hanging vertically, with manufacturer's bending radius specifications observed.
Snowshoes WILL NOT be used as a bending form - and are not to be used AT ALL.
Page 31 of 47
Node service cables should be lashed or strapped out along the strand - not coiled.
3. Fiber backlashes:
Regional preferences or local codes may apply. All storage fiber is to be lashed to the strand (see
attached drawings).
MULTIPLE DWELLING UNITS (MDUs)
1. The upgrade process will generally provide a minimum +20dBmV input signal to an active or a
lockbox serving a MDU complex. This may be reflected on the design maps as individual tap ports for
12 units and under, or a terminated feeder leg with signal level shown. Adjustments to the design may
be necessary to properly provide signal for each building in a complex.
2. Any lockbox work, splitter updating, indoor amplification, or rewiring is the responsibility of the local
technical operations personnel.
3. Construction personnel and a representative from the local technical staff should meet well in advance
of the upgrade start date, to review the work necessary and coordinate efforts.
4. All lockboxes should be grounded with #6 copper at the input. Local codes regarding grounding and
bonding should be followed.
5. Interior distribution amplifiers should be avoided, if at all possible. Outdoor line extenders, powered
from the outside plant, are preferred.
Page 32 of 47
This page is blank...
Page 33 of 47
CON¢11~LK110N Sptf. ClPIdAqOklf~
CONPl~IJE,110N
CONIS~LICqOIq 51~P-.ClPICAI'IOIq5 ~ ~
CONPll~L~qOkl ff~ClPICAqON~
CON5~LIC, llO~q 5pp. ClPIC:AllOk15
I'YPICAL- POi-P- C:ON~ll~U~l~ON
APPENDIX G
Cut over process
The upgrade/rebuild will involve installing and activating fiber optic cable while the coaxial
cable is still activated and in operation. There will be a series of fiber nodes designed for the
upgrade/rebuild. As each fiber node is completed, it will be activated. The activation of one
node will not interfere or interrupt the completion of a separate node. In the event the company
is confronted with the loss of signal from more that one street at a time, the Company will make
every possible effort to complete the work during minimal viewing, such as 12:00 a.m. or 6:00
a.m. or at the time recommended by the City.
APPENDIX H
Programming Categories for System-Wide Programming
Science Fiction Programming
Religious Programming
Cartoon Programming
Federal Government News Programming
Educational Programming
Pay Per Channel and Pay Per Program Programming
International Programming
Women's Programming
Do-it yourself and Self Improvement Programming
Children's Programming
News Programming
History Programming
Comedy Programming
Music Programming
Sports Programming
Arts Programming
Black Entertainment Programming
Hispanic Programming
10
APPENDIX I
Free Drops
Iowa City School Sites
All schools and administration buildings
Other Schools
Regina Elementary
Regina High School
Willowwind School
Kirkwood Community College
Public Buildings
City Hall
Senior.Center
Recreation Center
Libraries
Fire stations
Broadway St. Neighborhood Center
Pheasant Ridge Neighborhood Center
PATV office
City Cable Office
Other Sites
Future neighborhood centers
Future access organization(s) sites
Future City government administration buildings
11
Appendix J
Access Channel Positions
PATV Channel 18
Government Channel Channel 4
University of Iowa Channel 17
InfoVision Channel Channel 5
Library Channel 10
KTS .. Charmel 11
Iowa City Schools Channel 21
12
APPENDIX K
Publicity
1. The Company agrees to insert into subscriber handbooks, information about local access
channels. The cost of printing, etc. of this information shall be the sole responsibility of
the access programming provider (government, education, public). The Company
reserves the right to approve content.
2. The Company agrees to allow billing messages or bill stuffers to be included in the
subscribers' bills at the rate of one per year subject to approval of content by the
Company, availability and adequate advance notice. The cost of printing and insertion
shall be the responsibility of the access programming providers (government, education,
and public).
13
APPENDIX L
Business and Repair Hours
Business Hours: 8 AM - 6 PM Monday-Friday
9 AM- 5 PM Saturday
Service Hours: 8 AM- 5 PM Monday-Saturday
On call- 24 hours per day, seven days a week
14
I 05-~7-05 ~.
DRAFT
MINUTES DRAFT
IOWA CITY TELECOMMUNICATIONS COMMISSION
MONDAY, APRIL 25, 2005 - 5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKiNG FACILITY
MEMBERS PRESENT: Gary Hagen, Brett Castillo, Kimberly Thrower, Terry Smith
MEMBERS ABSENT: Saul Mekies
STAFF PRESENT: Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling, Sue Dulek
OTHERS PRESENT: Kevin Hoyland, Susan Rogusky, Jon Koebrick, Beth Fisher
RECOMMENDATIONS TO CITY COUNCIL
The Commission unanimously approved motions to recommend to the City Council that they approve
the franchise extension with Mediacom and adopt the Cable TV Enabling Ordinance as proposed.
SUMMARY OF DISCUSSION
Thrower moved and Castillo seconded a motion to recommend to the City Council that they approve
the franchise extension with Mediacom. Smith said the franchise agreement is a good agreement for
the City and thanked Mediacom for negotiating in a constructive, cooperative way. The motion passed
unanimously. Castillo moved and Hagen seconded a motion to recommend to the City Council that
they adopt the Enabling Ordinance as proposed. The motion passed unanimously. Castillo announced
he was moving at the end of June to attend graduate school and will be resigning his seat on the
Commission. Thrower announced that the April 25 meeting would be her last as she is moving out of
the state. Hoyland reported that as the school year comes to a close there will be an increase in
productions including graduation ceremonies and concerts on the school channel. Discussions have
taken place with Regina representatives regarding placing programming on the school channel. Todd
Leach, the library's main production personnel will be leaving the library. It is hoped his replacement
will be in place before the end of May. Hardy said that City Channel 4 and Interactive Channel 5 are
now able to provide information to TV Guide in a more timely manner. This will enable the Cable
Division to have more timely information on the digital tier TV Guide. Castillo said that the
Commission has gotten away from sending a representative to the PATV Board meetings and
suggested that a representative schedule be drawn up.
ELECTION OF OFFICERS
Thrower nominated Terry Smith for chair. Castillo seconded and Smith was elected unanimously.
Hagen nominated Mekies for vice-chair. Smith seconded the nomination and Mekies was
unanimously elected.
APPROVAL OF M1NUTES
Thrower moved to approve the March 28, 2005 minutes. Hagen seconded and they were passed
unanimously. Thrower moved to approve the corrected April 18, 2005 public hearing minutes. Hagen
seconded and they were passed unanimously.
ANNOUNCEMENTS OF COMMISSIONERS
Castillo announced he was moving at the end of June to attend graduate school and will be resigning
his seat on the Commission. Thrower announced that the April 25 meeting would be her last as she is
moving out of the state.
SHORT PUBLIC ANNOUNCEMENTS
None.
CONSUMER ISSUES
Shaffer reported receiving 12 complaints. All that could be resolved have been. There were 2
complaints about rates being too high, 5 about technical problems, 2 about programming, and three
about being placed on hold when calling Mediacom for extended periods of time. Koebrick said that
the problems with the telephone system were due to some upgrades being made. Smith asked about
the complaint aired at the franchise extension public heating. Castillo said he suggested to the person
at the heating to contact Shaffer. Shaffer said he has not heard from him. Smith asked if there had
been complaints regarding the recent rate increase. Shaffer said he has not seen an increase in rate-
related complaints. Koebrick said the recent rate increase is the lowest percentage increase in a
number of years.
MEDIACOM REPORT
Koebrick reported that he was pleased with the franchise extension public heating and said that
Mediacom has come a long way in three years. Castillo said that Mediacom leases fiber optic cable
from McLeod and asked who maintains that fiber. Koebrick said that McLeod maintains the fiber in
their sheath and that Mediacom's contract with McLeod ensures that Mediacom will have a reliable
source of fiber.
UNIVERSITY OF IOWA REPORT
No representative was present.
SENIOR CENTER REPORT
Rogusky distributed the SCTV program schedule. A 4-camera production at the Englert was recently
shot. Taping of several performances is planned for May.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
Hoyland reported that as the school year comes to a close there will be an increase in productions
including graduation ceremonies and concerts. Discussions have taken place with Regina
representatives regarding placing programming on the school channel. Smith noted that the audio on
the school board meetings is vastly improved. Hoyland said this is due in part to new audio equipment
recently installed. Efforts to educate meeting participants on the use of microphones are planned and
that should also help sound quality.
PATV REPORT
No representative was present.
LEGAL REPORT
Shaffer introduced Sue Dulek who will be providing legal services to the Commission. Dulek said she
has nothing to report.
KIRKWOOD REPORT
No representative was present.
LIBRARY REPORT
Fisher reported that April and May would be less busy than the summer months, which are generally
quite busy. Todd Leach, the library's main production personnel will be leaving the library. It is
hoped his replacement will be in place before the end of May. A DVD disk changer failed and
programming times were slightly reduced. A replacement changer has been ordered.
MEDIA UNIT
Hardy reported that demand for services from the Community Television Service remains quite high.
Recent productions include a panel on the municipal power initiative and the Domestic Violence
Intervention Project's 25th anniversary celebration. The time in use in March 2005 of InfoVision has
increased 100% from March of 2004. This is due, in part, to the introduction of video-on-demand.
The transfer to a Macintosh platform is anticipated for the first week in May. The Media Unit recently
taped the Telecommunication Commission's franchise extension public hearing. The production
allowed the City Channel staff an opportunity to work out any problems with sending a live signal
from the library to any of the access channels. Hardy said that City Channel 4 and Interactive Channel
5 are now able to use a more timely method of providing information to those responsible for the
digital tier programming guide. The new procedures permit shorter lead times for program listings and
have a comment section where program descriptions can be placed. Hardy thanked Jon Koebrick for
his assistance in making the service available.
CABLE TV ADMINISTRATOR REPORT
Shaffer reported that he has been monitoring legislation in the Iowa legislature regarding municipally
owned telecommunications and cable TV systems. The bill's intent is to make it more difficult for
municipalities to provide such services. Smith said the legislation sets up a structure a municipality
must follow to start a telecommunicatiOns or cable TV service. Koebrick said that the bill requires a
municipal telecommunications or cable TV service to fund the creation and operations from funds
generated by the service. Shaffer said that nearly all municipally owned systems in Iowa have a
municipally owned electric utility. Koebrick said that Reinbeck is the lone exception.
RECOMMENDATION TO CITY COUNCIL ON CABLE TV FRANCHISE EXTENTION AND
ENABLING ORDINANCE
Thrower moved and Castillo seconded a motion to recommend to the City Council that they approve
the franchise extension with Mediacom. Smith said the franchise agreement is good agreement for the
City and thanked Mediacom for negotiating in a constructive, cooperative way. The motion passed
unanimously. Castillo moved and Hagen seconded a motion to recommend to the City Council that
they adopt the Enabling Ordinance as proposed. The motion passed unanimously.
ATTENDANCE AT PATV BOARD MEETINGS
Castillo said that the Commission has gotten away from sending a representative to the PATV Board
meetings and suggested that a schedule be drawn up. Castillo volunteered to attend the next two
meetings. Thrower said it is valuable for new members to become acquainted with the services and
operations of PATV. PATV has always been willing to provide Commissioners with tours of the
facility. Koebrick offered to provide a tour to Mediacom's facilities and operations at their Cedar
Rapids facility. This has been provided in the past and was quite successful. It was agreed to wait
until the new members to the Commission are appointed to set up a time.
ADJOURNMENT
Castillo moved and Hagen seconded a motion to adjourn. The motion passed unanimously.
Adjournment was at 6:13 p.m.
Respectfully submitted,
Drew Shaffer
Cable TV Administrator
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 05-4160
ORDINANCE AMENDING TITLE '14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 3,
ENTITLED "CITY UTILTIES," ARTICLE H, ENTITLED "SOLID WASTE," SECTION 8, ENTITLED
"STORAGE OF SOLID WASTE" BY AMENDING SUBSECTION E, ENTITLED "LOCATION OF SOLID
WASTE CONTAINER," AND BY ADDING A NEW SUBSECTION F, ENTITLED "DOWNTOWN SOLID
WASTE CONTAINER CODE" TO ESTABLISH A PERMIT SYSTEM FOR STORAGE OF SOLID WASTE
CONTAINERS IN THE DOWNTOWN PUBLIC RIGHTS-OF'WAY.
WHEREAS, the City desires to clean up the downtown alleys, which are public rights-of-way; and
WHEREAS, private parties currently use the City's rights-of-way to store solid waste containers and
other containers; and
WHEREAS, many of the solid waste containers presently in the downtown alleys are not clean and
sanitary and pose health and safety hazards; and
WHEREAS, if the solid waste containers are not kept clean and sanitary, the City bears increasing
costs to clean the alleys; and
WHEREAS, it is in the best interest of the City to establish a separate permit system for the
placement of solid waste containers in the City's rights-of-way in the downtown alleys; and
WHEREAS, it is in the best interest of the City to clean up the downtown alleys, which are public
rights-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article H, entitled
"Solid Waste," Section 2, entitled "Definitions" is hereby amended by adding the following:
Downtown: The CB10 and CB5 zones as defined in the City's zoning code.
Permit: The official document or certificate issued by the City Clerk or designee authorizing a person to
place or maintain a solid waste container in the downtown public right-of-way.
2. Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article H, entitled
"Solid Waste," Section 8, entitled "Storage of Solid Waste," Subsection E, entitled "Location of Solid
Waste Solid Waste Containers" is amended by repealing Paragraph 2 in its entirety and a new Paragraph
2 as follows:
With the exception of the alleys in the downtown as provided in Section 14-3H-8F herein, commercial
solid waste containers shall be stored upon private property unless both the owner of the container
and the owner or operator of the premises have been granted written permission from the City
Council, by way of written agreement, to use public property for such purposes.
3. Title 14, entitled "Unified Development Code," Chapter 3, entitled "City Utilities," Article H, entitled
"Solid Waste," Section 8, entitled "Storage of Solid Waste" is hereby amended by adding a new Subsection
· . F, entitled "Downtown Solid Waste Container Code" as follows:
Permit Required No person shall place or maintain any solid waste container on the public right-of-way in
the downtown without first obtaining a permit.
Deadline All solid waste containers presently in the downtown public right-of-way shall be removed within
sixty (60) days of the effective date of this ordinance, unless a permit has been issued.
System A permit system shall be adopted by resolution.
Ordinance No. 05-4160
Page 2
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. PENALTIES FOR VIOLATION.:
Violation of this Chapter shall be a municipal infraction punishable by a penalty of $250 for a person's
first violation, $500 for the second offense, and $750 for the third offense.
SECTION IV. 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 IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 17 th. day of hla,y ,2005
CITY'~LERK
Approved by
City Attorney's Office
sue/ord&res/dumpster-ord~2oc
Ordinance No. 05-4160
Page 3
It was moved by Vanderhoef and seconded by 0' Donnel 1 that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliot[
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
First Consideration 5/6/05
Voteforpassage:AYES: Bailey, Champion, Elliott, Lehman, 0'Donnell, Vanderhoef,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration ...................
Vote for passage:
Date published 5/25/05
Moved by Vanderhoef, seconded by Bailey, that the rule requiring 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 second consideration and'vote be waived and the ordinance
be voted upon for final passage at this time. AYES: Champion, Elliott, Lehman, 0'Donnetl,
Vanderhoef, t~i]burn, Bailey. NAYS: None. ABSENT: None.