TITLE VII SPECIAL ORDINANCES

 

CHAPTER 1 STREET GRADES

 

      1. Established Grades
      2. Record Maintained

 

7-1-1 ETABLISHED GRADES. The grades of all streets, alleys and sidewalks, which have been heretofore established by, ordinance are hereby confirmed, ratified and established as official grades.

 

7-1-2 RECORD MAINTAINED. The Clerk shall maintain a record of all established grades and furnish information concerning such grades upon request.

 

 

 

EDITOR’S NOTE

 

The following ordinances not codified herein, and specifically saved from repeal, have been adopted establishing street and/or sidewalk grades and remain in full force and effect.

 

 

 

 

TITLE VII SPECIAL ORDINANCES

 

CHAPTER 2 STREETS AND ALLEYS – VACATION AND DISPOSAL

 

      1. Power to Vacate
      2. Notice of Vacation Hearing
      3. Findings Required
      4. Disposal of Vacated Streets or Alleys
      5. Disposal by Gift Limited
      6. Execution Power

 

7-2-1 POWER TO VACATE. When, in the judgment of the Council, it would be in the best interest of the City to vacate a street or alley or portion thereof, the Council may do so by ordinance in accordance with the provisions of this chapter.

(Code of Iowa, Sec. 306.10)

7-2-2 NOTICE OF VACATION HEARING. The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.

 

7-2-3 FINDINGS REQUIRED. No street or alley, or portion thereof, shall be vacated unless the Council finds that:

1. Public Use. The street or alley proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.

2. Abutting Property. The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.

(Code of Iowa, Sec. 364.15)

7-2-4 DISPOSAL OF VACATED STREETS OR ALLEYS. When in the judgment of the Council it would be in the best interest of the City to dispose of a vacated street or alley, or portion thereof, the Council may do so in accordance with the provisions of Section 364.7, Code of Iowa.

(Code of Iowa, Sec. 364.7)

7-2-5 DISPOSAL BY GIFT LIMITED. The City may not dispose of a vacated street or alley, or portion thereof, by gift except to a governmental body for a public purpose.

(Code of Iowa, Sec. 364.7(3))

7-2-6 EXECUTION POWER. The Mayor is hereby appointed to execute and acknowledge for and on behalf of the City leases, deeds or other means of conveyance and such documents, when executed, are hereby approved by the City Council of Middletown, Iowa as properly executed on its behalf and of behalf of the City.

 

 

EDITOR’S NOTE

The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets and/or alleys and remain in full force and effect.

Ordinance No. 57, adopted September 8, 1959

Ordinance No. 80, adopted February 14, 1966

Ordinance No. 129, adopted September 11, 1989

Ordinance No. 176-B, adopted September 19, 1994

 

The following pages are ordinances vacating various streets and/or alleys.

 

RESOLUTION NO. 1993-1

RESOLUTION CONVEYING VACATED ALLEY PROPERTY

TO ABUTTING PROPERTY OWNERS

On December 14, 1992, the City Council of the City of Middletown enacted an ordinance vacating the alley lying north of and adjoining Lots 18, 17, 16, 15, 14, and 13 on Columbia Street in the city of Middletown, Iowa. In doing so, the City Council has made a specific finding that the alley involved is not needed for the use of the public, and, therefore, its maintenance at public expense is no longer justified. In addition, the City Council made a specific finding that the vacation of this alley will not deny the owners of abutting property reasonable access to their property. The City Council has also determined that it is appropriate to convey one-half (1/2) of the vacated alley to each of the abutting property owners by Quit Claim Deeds.

The City Council of the City of Middletown does hereby resolve that:

1. The South 10 feet of the alley lying north of and adjoining Lots 17 and 18 on Columbia Street in Welch’s Addition of the city of Middletown, Iowa, should be conveyed to the abutting property owners, Willis R. Brown and Beverly J. Brown;

2. The South 10 feet of the alley lying north of and adjoining Lots 14, 15, and 16 on Columbia Street in Welch’s Addition of the city of Middletown, Iowa, should be conveyed to the abutting property owner, Mildred P. Thomas;

3. The South 10 feet of the alley lying north of and adjoining Lot 13 on Columbia Street in Welch’s Addition of the city of Middletown, Iowa, should be conveyed to the abutting property owners, Jeffrey A. Wilson and Cynthia D. Wilson; and

4. The North 10 feet of the alley lying north of and adjoining Lots 13, 14, 15, 16, 17, and 18 on Columbia Street in Welch’s Addition of the city of Middletown, Iowa, should be conveyed to the abutting property owners in the following manner:

    1. An undivided one-third (1/3) interest to Mildred P. Thomas;
    2. An undivided one-third (1/3) interest to Velma Louise King; and
    3. An undivided one-third (1/3) interest to Connie Nealey, Jerry Lee, Rodney Lee, Craig Lee, and Alfred Wasson.

 

IT IS FURTHER RESOLVED that upon Ordinance No. 176-A, which vacated the above described alley, being duly published, the Mayor and City Clerk are directed to execute Quit Claim Deeds in accordance with this resolution.

Introduced and passed this 12 day of January , 1993.

APPROVED:

 

Signature on file

Mayor

ATTEST:

 

 

Signature on file

City Clerk

 

 

RESOLUTION NO.1994-10

CONVEYING VACATED LOCUST STREET PROPERTY

TO ABUTTING PROPERTY OWNERS

On September 19, 1994, the City Council of the city of Middletown, Iowa, enacted an ordinance vacating Locust Street lying between Lots 11 and 18 and Lots 10 and 19 in the city of Middletown, Iowa. In doing so, the City Council made a specific finding that the street involved is not needed for the use of the public, and, therefore, its maintenance at public expense is no longer justified. In addition, the City Council made a specific finding that the vacation of this street will not deny the owners of abuttinq property reasonable access to their property. The City Council has also determined that it is appropriate to convey one-half of the vacated street to each of the abutting owners by Quit Claim Deeds.

THE CITY COUNCIL OF THE CITY OF MIDDLETOWN, IOWA, DOES HEREBY RESOLVE:

1. The West 30 feet of Locust Street adjacent to Lots 11 and 18 in the city of Middletown, Iowa, should be conveyed to the abutting property owner, the Middletown Presbyterian Church. This is intended to constitute the West one-half of Locust Street adjacent to said lots.

2. The East 30 feet of Locust Street adjacent to Lots 10 and 19 in the city of Middletown, Iowa, should be conveyed to the abutting property owners, James W. Nickel and Carolyn R. Nickel, as joint tenants, with full rights of survivorship and not as tenants in common. This is intended to constitute the East one-half of Locust Street adjacent to said lots.

IT IS FURTHER RESOLVED that upon Ordinance No. 176-B, which vacated the above-described street, being duly published, the Mayor and City Clerk are directed to execute Quit Claim Deeds in accordance with this resolution.

 

Introduced and passed this 10th day of October, 1994.

 

 

APPROVED:

 

Signature on file

Mayor

ATTEST:

 

 

Signature on file

City Clerk

 

 

ORDINANCE NO. 129

 

 

AN ORDINANCE VACATING CERTAIN STREETS AND ALLEYS OF THE CITY OF MIDDLETOWN, IOWA, PURSUANT TO SECTION 409.25(2), 1989 CODE OF IOWA.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIDDLETOWN, IOWA, THAT:

 

 

Section 1. It is to the best interests of the City of Middletown that the streets and alleys and portions of streets and alleys hereinafter described, all of which streets and alleys have been dedicated for at ten years, and none of which streets and alleys have been open to vehicular traffic nor been used for placement of city or franchise utilities equipment, be vacated; and that:

 

The 16 foot alley running North and South through Block 1, Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running East and West through Block 1, Original Town (now City) of Middletown, Iowa;

 

The 16 alley running North and South through Block 2, Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running East and West between Lots 1 and 2, Block 2, Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running East and West between Lots 1 and 2 and Lots 3 and 4 lying East of East Street and North of Main Street (now U.S. Highway #34) Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running North and South between Lots 12 and 13 and Lots 16 and 17, lying South of Main Street (now U.S. Highway #34) Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running East and West between Lots 11, 12, 13 and 14, and Lots 15, 16, 17 and 18, lying South of Main Street (now U.S. Highway #34), Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running North and South between Lots 8, 9, 20 and 21, lying South of Main Street (now U.S. Highway #34), Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running East and West between Lots 7, 8, 9 and 10, and Lots 19, 20, 21 and 22, lying South of Main Street (now U.S. Highway #34) Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running East and West between Lots 5 and 6, and Lots 23 and 24, lying South of Main Street (now U.S. Highway #34) Original Town (now City) of Middletown, Iowa;

 

The 16 foot alley running East and West between Lots 1 and 3, and Lot 4, Fogel’s Addition to the Town (now City) of Middletown, Iowa;

 

That part of Locust Street running North and South between Blocks 1 and 2, lying North of Main Street (now U.S. Highway #34) Original Town (now City) of Middletown, Iowa; and

 

East Street (except the portion heretofore vacated) lying both North and South of Main Street (now U.S. Highway #34) Original Town (now City) of Middletown, Iowa; be and the same are hereby vacated.

 

 

Section 2. All of the vacated land shall be divided equally between the owners of the adjoining land except the portion of East Street lying North of Main Street (now U.S. Highway #34) which shall be divided with the West 10 feet being apportioned to Mary L. Rothlisberger, the owner of Lots 3 and 4, Block 2, Original Town (now City) of Middletown, Iowa, the East 20 feet being apportioned to Doris M. Ellerhoff, the owner of Lots 2 and 3, in the unnumbered block of the Original Town (now City) of Middletown, Iowa.

 

 

Section 3. The Mayor and City Clerk are authorized and directed to execute and deliver to the adjoining owners quit claim deeds to the vacated land in the proportions hereinbefore provided.

 

Section 4. This ordinance shall be in effect after its final passage, approval and publication as provided by law.

 

 

Signature on file

Mayor

 

ATTEST:

 

 

Signature on file

City Clerk

 

 

 

 

 

 

 

 

 

 

 

TITLE VII SPECIAL ORDINANCES

 

CHAPTER 3 NAMING OF STREETS

 

      1. Naming New Streets
      2. Changing Name of Street
      3. Recording Street Names
      4. Official Street Names
      5. Revision of Street Name Map

 

 

7-3-1 NAMING NEW STREETS. New streets shall be assigned names in accordance with the following:

 

1. Extension of Existing Street. Streets added to the City that are natural extensions of existing streets shall be assigned the name of the existing street.

2. Ordinance. All street names, except streets named as a part of a subdivision or platting procedure, shall be named by ordinance.

7-3-2 CHANGING NAME OF STREET. The Council may, by ordinance, change the name of a street.

7-3-3 RECORDING STREET NAMES. Following adoption of an ordinance naming or changing the name of a street, the Mayor and Clerk shall certify and file a copy thereof with the County Recorder-and County Auditor.

 

7-3-4 OFFICIAL STREET NAME MAP. Streets within the City are named as shown on the Official Street Name Map which is hereby adopted by reference and declared to be a part of this chapter. The official Street Name Map shall be identified by the signature of the Mayor, and bearing the seal of the City under the following words: "This is to certify that this is the official Street Name Map referred to in Section 7-3-4 of the Code of Ordinances of Middletown, Iowa".

 

7-3-5 REVISION OF STREET NAME MAP. If in accordance with the provisions of this chapter, changes are made in street names, such changes shall be entered on the Official Street Name Map promptly after the amendment has been approved by the Council with an entry on the Official Street Name Map as follows: "On (date), by official action of the City Council, the following changes were made in the official Street Name Map: (brief description)", which entry shall be signed by the Mayor and attested by the Clerk. No amendment to this chapter which involves naming or changing the name of a street shall become effective until after such change and entry has been made on said map.

 

 

 

TITLE VII SPECIAL ORDINANCES

 

CHAPTER 4 ELECTRIC FRANCHISE

 

      1. Franchise Granted
      2. Construction; Maintenance; Indemnification
      3. Meter – Service Lines
      4. System Requirements
      5. Nonexclusive
      6. Service Provided
      7. Term of Franchise

 

7-4-1 FRANCHISE GRANTED. There is hereby granted to Iowa Southern Utilities Company, hereinafter referred to as the "Company," its successors and assigns, the right and franchise to acquire, construct, erect, maintain and operate in the City, works and plants for the manufacture and generation of electricity and a distribution system for electric light, heat and power and the right to erect and maintain the necessary poles, lines, wires, conduits and other applications for the transmission of electric current along, under and upon the streets, avenues, alleys and public places in the City; also the right to erect and maintain upon the streets, avenues, alleys and public places, transmission lines through the City, to supply individuals, corporations, communities and municipalities both inside and outside of the City with electric light, heat and power for the period of twenty-five (25) years; also the right of eminent domain as provided in Section 364.2 of the Code of Iowa

 

7-4-2 CONSTRUCTION; MAINTENANCE; INDEMNIFICATION. The poles, wires, and appliances shall be placed and maintained so as not to unnecessarily interfere with the travel on said streets, alleys and public places in the City or unnecessarily interfere with the proper use of the same, including ordinary drainage or with the sewers, underground pipe and other property of the City and the Company and its successors and assigns shall hold the City free and harmless from all damages arising or resulting from any negligence of the company in the erection or maintenance of said system.

 

7-4-3 METERS – SERVICE LINES. The Company, its successors and assigns shall furnish and install all meters at its own expense and shall provide the service wire to the building as set forth in the Company’s tariff filed with the Iowa Utilities Board.

 

7-4-4 SYSTEM REQUIREMENTS. The system authorized by this chapter shall be modern and up-to-date and shall be of sufficient capacity to supply all reasonable demands of the City and the inhabitants thereof and shall be kept in a modern and up-to-date condition. In case of fire or other emergencies, the poles, wires and street fixtures of the Company may be cut and moved by order of the Mayor or Fire Chief.

 

7-4-5 NONEXCLUSIVE. The franchise granted by this chapter shall not be exclusive.

7-4-6 SERVICE PROVIDED. Service to be rendered by the Company under this franchise shall be continuous twenty-four (24) hour service each day of the week unless prevented from doing so by fire, acts of God, unavoidable accidents or casualties, and in such event service shall be resumed as quickly as is reasonably possible.

 

7-4-7 TERM OF FRANCHISE. The term of the franchise granted by this chapter and the rights granted thereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the Company.

EDITOR'S NOTE

Ordinance Number 127 adopting an electric franchise for the City was passed and adopted on April 10, 1989. Voters approved the franchise at an election held on May 16, 1989. the Company accepted the franchise on May 16, 1989.

 

 

 

TITLE VII SPECIAL ORDINANCES

 

CHAPTER 5 TELEPHONE FRANCHISE

 

 

      1. Franchise Granted
      2. Police Power

 

 

7-5-1 FRANCHISE GRANTED. Northwestern Bell Telephone Company, a corporation (the "Company"), its successors and assigns are hereby granted the right to use and occupy the streets, alleys and other public places of the City for a term of twenty-five (25) years from the effective date of the ordinance codified by this chapter, for the purpose of constructing, maintaining and operating a general telephone system within the City.

 

7-5-2 POLICE POWER. The rights herein granted are subject to the exercise of the police power as the same now is or may hereafter be conferred upon the City.

 

EDITOR’S NOTE

 

Ordinance Number 122 adopting a telephone franchise for the City was passed and adopted on August 14, 1982. Voters approved the franchise at an election held on September 28, 1982. The Grantee accepted the franchise on October 18, 1982.

 

 

 

TITLE VII SPECIAL ORDINANCES

 

CHAPTER 6 NATURAL GAS FRANCHISE

 

 

7-6-1 Franchise Granted

7-6-2 Interference with Underground Facilities

7-6-3 Excavations

7-6-4 Indemnification

      1. Service Provided
      2. Municipal Powers Not Limited
      3. Franchise Term

 

 

7-6-1 FRANCHISE GRANTED. The Iowa Southern Utilities Company, hereinafter called the "Company," its successors and assigns, are hereby granted and vested with the right, franchise and privilege for the term of twenty-five (25) years form and after the passage, adoption, approval and acceptance of the ordinance codified by this chapter, to lay down, maintain and operate the necessary pipes, mains and other conductors and appliances in, along and under the streets, avenues, alleys and public places in the City as now or hereafter constituted, for the purpose of distributing, supplying and selling gas to the City and the residents thereof and to persons and corporations beyond the limits thereof. The term "gas" as use in this chapter shall be construed to mean natural gas only.

 

7-6-2 INTERFERENCE WITH UNDERGROUND FACILITIES. The mains and pipes of the Company must be so placed as not interfere unnecessarily with water pipes, drains, sewers and fire plugs which have been or may hereafter be placed in any street, alley, avenue or boulevard.

 

7-6-3 EXCAVATIONS. In making excavations in any street, alley, avenue or boulevard, the Company, its successors and assigns shall protect the place while work is in progress by guards, barriers or signals, and shall not unnecessarily obstruct the use of the streets and shall backfill all openings in such manner as to prevent settling or depressions in surface and shall replace the surface, pavement or sidewalk of such excavations with the same material, restoring the condition as nearly as practical and if defects are caused shall repair the same.

 

7-6-4 INDEMNIFICATION. The Company, its successors and assigns shall hold the City free and harmless from any and all damage arising on account of any negligence of the Company, its successors and assigns, in the erection, operation, and maintenance of said system.

 

7-6-5 SERVICE PROVIDED. The Company, its successors and assigns shall, throughout the life of operations hereunder, distribute to all consumers has of good quality and shall furnish uninterrupted service twenty-four (24) hours each day of each year while the franchise is in effect, except as interruptive service may be specifically contracted for with consumers; provided, however, that any prevention of service caused by fire, act of God or unavoidable event or accident shall not be a breach of this condition if the Company resumes service as quickly as is reasonably possible after the happening of the act causing the interruption.

 

7-6-6 MUNICIPAL POWERS NOT LIMITED. Nothing herein contained shall in any manner be construed as depriving or limiting the City or the Council from exercising and carrying out any and all other powers and duties as provided by law.

 

7-6-7 FRANCHISE TERM. The term of the franchise granted by this chapter and the rights granted thereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the Company.

 

 

EDITOR’S NOTE

 

Ordinance Number 128 adopting a gas franchise for the City was passed and adopted on April 10, 1989. Voters approved the franchise at an election held on May 16, 1989. the Grantee accepted the franchise on May 16, 1989.

 

 

 

 

 

TITLE VII SPECIAL ORDINANCES

 

CHAPTER 7 CABLE TELEVISION FRANCHISE

 

 

7-7-1 Franchise Granted

      1. Sales or Assignment

 

 

 

7-7-1 FRANCHISE GRANTED. A nonexclusive right is hereby granted to CATV of Burlington, Inc. (hereinafter "Grantee"), its successors and assigns, to establish, construct, operate, maintain, repair, replace, renew, reconstruct, and remove a cable television system across public property in the City limits for a term of twenty-five (25) years, in accordance with the laws and regulations of the United States of America and the State of Iowa and the ordinances and regulations of the City, including the nonexclusive right, privilege and authority:

 

    1. To sell and supply audio and video communication service to persons within the City;
    2. To use public property within the City;
    3. To engage in such further activities within the City as may now or hereafter be consistent with the generally accepted principles and applicable to the operation of a cable television system.

 

7-7-2 SALE OR ASSISGNMENT. The Grantee shall not assign or transfer any right granted under this chapter to any other person, company, or corporation without the prior consent of the Council, which consent shall be reasonably withheld, provided that the Grantee shall have the right to assign the franchise to a corporation to be formed and controlled by it without prior consent of the City.

 

 

EDITOR’S NOTE

 

Ordinance Number 115 adopting a cable TV franchise for the City was passed and adopted on April 14, 1981.

 

 

 

TITLE VII SPECIAL ORDINANCES

 

CHAPTER 8 CABLE TELEVISION REGULATIONS

 

 

7-8-1 Definitions

7-8-2 Use of Property

7-8-3 Taxes

7-8-4 Insurance

      1. Repairs
      2. Hold Harmless
      3. Assignment
      4. Insolvency of Grantee
      5. Default of Grantee
      6. Termination
      7. Compliance with Applicable Laws
      8. Installation and Maintenance of Property of Grantee
      9. Interference
      10. Installation of Cables
      11. Restoration of Ground Surface
      12. Alteration of Grade
      13. Temporary Removal of Cables
      14. Tree Trimming
      15. Line Extensions
      16. Service Requirements
      17. Performance Standards
      18. Channel Capacity and Performance
      19. Installation and Maintenance of Subscriber Terminals in City Buildings and Schools
      20. Telecast of Educational Activities
      21. Program Alteration
      22. Subscriber Rates and Charges
      23. Service Rules and Regulations
      24. Service Agreements
      25. Payments to City
      26. Office of Grantee
      27. City Action
      28. Injury to Property of Grantee
      29. Intercepting Signals of Grantee
      30. Filing Reports
      31. Filing of Maps and Plats
      32. Filing of Communications with Regulatory Agencies
      33. Access
      34. Discrimination Prohibited
      35. Other Business Activities Prohibited
      36. Reservations

 

 

7-8-1 DEFINITIONS. The following words and phrases, when used herein, shall, for the purposes of this chapter, have the meanings ascribed to them in this section:

1. "Cable Television System" means any facility that, in whole or in part, receives directly, or indirectly over the air, and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television or radio stations and distributes such signals, by wire or cable, to subscribing members of the public who pay for such services.

2. "Channel" means the segment of the electromagnetic spectrum to which a source of television transmission is assigned.

 

3. "FCC" means the Federal Communications Commission.

 

4. "Franchise" means the rights, privileges, and authority granted by the City to the Grantee hereunder and shall include all of the terms and conditions of this chapter.

5. "Grantee" means Burlington Cable TV, Inc., a corporation organized and existing under the laws of the State of Iowa, its successors and assigns. When the context so requires, the term "Grantee" means and includes the Grantee, its officers, agents, employees, servants and independent contractors.

6. "Private Property" means all property, real, personal or mixed, owned by a private person, including property owned by a public utility not owned or operated by the City.

7. "Property of the Grantee" means all property, real, personal or mixed, owned or used by the Grantee however arising from or related to or connected with the franchise.

8. "Public Property" means all property, real or personal or mixed, owned or used by the City, including property owned or used by a public utility owned or operated by the City.

7-8-2 USE OF PROPERTY. The Grantee may use public property within the City and, with the written consent of the owner thereof, private property within the City, in furtherance of such activities within the City as may now or hereafter be consistent with generally accepted principles applicable to the operation of a cable television system subject, however, to the following restrictions:

1. Laws and Regulations. The Grantee shall comply with all governmental laws, ordinances, rules or regulations as may now or hereafter be applicable thereto.

2. Restrictions. The Grantee shall not use or occupy or permit public property or private property to be used or occupied or do or permit anything to be done on or about public property or private property which will, in any manner:

a. Impair the owner's interest in or title thereto;

 

b. Impair any mortgage or lease as may now or hereinafter be applicable thereto;

 

c. Adversely affect the then value or character thereof;

 

d. Cause or be likely to cause structural damage thereto, or any part thereof;

e. Cause or be likely to cause any damage or injury to any utility service available thereto;

f. Create a public or private nuisance, cause any offensive or obnoxious vibrations, noise, odor or undesirable effect or interfere with the safety, comfort or convenience of the owner thereof, and persons lawfully on or about the same;

g. Violate the rules, regulations and requirements of any person furnishing utilities or services thereto; or

h. Make void or voidable any insurance then in force affecting the same or cause an increase in the rates applicable thereto.

7-8-3 TAXES. The Grantee shall pay all real estate taxes, special assessments, personal property taxes, license fees, permit fees and other charges of a like nature which may be taxed, charged, assessed, levied, or imposed upon the property of the Grantee and upon any services rendered by the Grantee.

7-8-4 INSURANCE. The Grantee shall, at all times during the term of the franchise, carry and require their contractors to carry:

1. General Liability. Insurance in such forms and in such companies as shall be approved by the City to protect the City and Grantee from and against any and all claims, injury or damage to persons or property, both real and personal, caused by the construction, erection, operation and maintenance of any structure, equipment or appliance in connection with the cable television system. The amount of such insurance shall be not less than $100,000 as to anyone person, $300,000 as to any one occurrence for injury or death to persons, and $100,000 for damages to property, with, as to Grantee, so-called umbrella coverage of at least $1,000,000.

2. Worker's Compensation. Worker's Compensation Insurance as provided by the laws of the State of Iowa, as amended.

3. Automobile. Automobile Insurance with limits of not less than $100,000/$300,000 of public liability coverage and automobile property damage insurance with a limit of not less than $100,000 covering all automotive equipment, with so-called umbrella coverage of at least $1,000,000.

4. Notice of Cancellation. All of said insurance coverage shall provide a ten (10) day notice to the City in the event of material alteration or cancellation of any coverage afforded in said policies prior to the date said material alteration or cancellation shall become effective.

5. Copies Filed. Copies of all insurance policies required hereunder shall be furnished to and filed with the City prior to the commencement of operations or the expiration of prior policies, as the case may be.

6. Defense Costs. The Grantee shall pay all reasonable expenses incurred by the City in defending itself with regard to all damages, penalties or other claims resulting from the acts of the Grantee, its assigns, employees, agents, invitees, or other persons. Said expenses shall include all out-of-pocket expenses such as attorney's fees, and shall include the value of any service rendered by the City Attorney or any other officers or employees of the City.

7-8-5 REPAIRS. During the term of the franchise, the Grantee shall, at its own expense, make all necessary repairs and replacements to the property of the Grantee. Such repairs and replacements, interior and exterior, ordinary as well as extraordinary, and structural as well as nonstructural, shall be made promptly, as and when needed.

 

7-8-6 HOLD HARMLESS. During the term of the franchise, the Grantee absolutely assumes and agrees to pay the City for, and the Grantee forever agrees to indemnify the City against, and agrees to hold and save the City harmless from, any and all damage, injury, costs, expenses, liability, claims, settlements, judgments, decrees and awards of every kind and nature whatsoever, including attorney's fees, costs and disbursements, that may ever be claimed against the City by any person whatsoever, or on account of any actual or alleged loss, damage or injury to any property or person whatsoever, .however arising from or related to or connected with, directly or indirectly, (a) injury to or death of any person, or loss, damage or injury to any property of the Grantee, and/or (b) the nonobservance by the Grantee of the provisions of any laws, statutes, ordinances, resolutions, regulations or rules duly promulgated by any governmental entity which may be applicable directly or indirectly, to rights, privileges, and authority, and the obligations and liabilities, assumed by the Grantee under the franchise, (c) the nonobservance by the Grantee or any of the terms and conditions of the franchise, and/or (d) the granting of the franchise.

 

7-8-7 ASSIGNMENT. The Grantee shall not assign or transfer any right granted under this chapter to any other person without prior consent of the Council, which consent shall not be unreasonably withheld, provided that the Grantee shall have the right to assign its franchise rights to a corporation wholly owned by the Grantee or to a limited partnership of which the Grantee is a general partner, without prior consent of the City.

 

7-8-8 INSOLVENCY OF GRANTEE. In the event that the Grantee shall become insolvent: or be declared a bankrupt, or the property of the Grantee shall come into the possession of any receiver, assignee or other officer acting under an order of court, and any such receiver, assignee or other such officer shall not be discharged within sixty (60) days after taking possession of such property, the City may, at its option, terminate the franchise by giving written notice thereof to the Grantee.

 

7-8-9 DEFAULT OF GRANTEE. In the event the Grantee shall fail to comply with any of the terms and conditions of the franchise within thirty (30) days after receipt of notice in writing from the City specifying the failure or default, the City may, at its option, terminate the franchise by giving written notice thereof to the Grantee. This section shall not apply to failures or defaults beyond the reasonable control of the Grantee.

 

7-8-10 TERMINATION. Upon termination of the franchise for any cause, the Grantee shall remove the property of the Grantee from all public property and private property within the City and shall return such public property and private property to the owner thereof in the same condition as when the property of the Grantee was placed thereon, ordinary wear and tear excepted.

 

7-8-11 COMPLIANCE WITH APPLICABLE LAWS. During the term of the franchise, the Grantee shall comply with all governmental laws, ordinances, rules or regulations as may now or hereafter be applicable to the construction, operation, maintenance, repair, replacement, renewal, reconstruction, and removal of a cable television system, the sale and supply of audio and video communications services, the use of public property and private property and the engagement in such further activities as may now or hereafter be consistent with generally accepted principles applicable to the operation of a cable television system. Any modifications to Section 76.31 of Subpart C of the Regulations of the FCC applicable to the cable television system shall be incorporated into the franchise by amendment to this chapter within one (1) year of the effective date of such modification, or at the time of renewal of the franchise, whichever occurs first.

 

7-8-12 INSTALLATION AND MAINTENANCE OF PROPERTY OF THE GRANTEE. During the term or the franchise, the property of the Grantee shall be constructed operated, maintained, repaired, replaced, renewed, reconstructed, and removed in accordance with generally accepted engineering principles so as not to endanger or interfere with the lives of persons or to interfere with improvements which the City may deem proper to make or to unnecessarily hinder or obstruct pedestrian or vehicular traffic or use of public property or private property

 

7-8-13 INTERFERENCE. The Grantee's cable television system shall be so designed, engineered and maintained so as not to interfere with the radio and television reception of persons who are not subscribers of the Grantee.

 

7-8-14 INSTALLATION OF CABLES. The Grantee shall have the right, privilege, and authority to lease, rent or in any other manner obtain the use of wooden poles with overhead lines, conduits, trenches, ducts, lines, cables, and other equipment and facilities from any and all holders of public licenses and franchises with the City, and to use such poles, conduits, trenches, ducts, lines, and cables in the course of its business. The Grantee shall install its cable on the existing poles owned by other holders of public licenses and franchises with the City whenever possible for the installation of its cable. When installation of cable on poles is insufficient, or when holders of other public licenses or franchises have installed underground cable, then in that event, the Grantee shall install its cable underground.

 

7-8-15 RESTORATION OF GROUND SURFACE. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee shall, at its own cost and expense and in a manner approved by the City, replace and restore all paving, sidewalk, driveway, or surface of any street or alley disturbed, in as good a condition as before said work was commenced. Any disturbed lawn or parking shall be similarly restored.

 

7-8-16 ALTERATION OF GRADE .In the event that during the term of the franchise, the City shall elect to alter or change the grade of any street, alley, or public way, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense.

7-8-17 TEMPORARY REMOVAL OF CABLES. The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its cables to permit the moving of buildings. The expense of such temporary removal, raising, or lowering of cables 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 five (5) days' advance notice to arrange for such temporary cable changes.

7-8-18 TREE TRIMMING. The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public places of the City so as to prevent the branches of such trees from coming in contact with the cables of the Grantee. All trimming shall be done at the expense of the Grantee.

7-8-19 LINE EXTENSIONS. It shall be the obligation of the Grantee to serve all residents of the City except to the extent that density of homes, adverse terrain or other factors render providing service impracticable, technically infeasible or economically noncompensatory. For purposes of determining compliance with the provisions of this section, and to provide for a reasonable and nondiscriminatory policy governing extensions of cable service within the City, Grantee shall extend service to new subscribers at the normal installation charge and monthly rate for customers of that classification where there is an average of fifty (50) homes per each linear mile of new cable construction. In the event the requirements of this section are not met, extensions of service shall be required only on a basis which is reasonable and compensatory.

7-8-20 SERVICE REQUIREMENTS. During the term of the franchise, the Grantee shall furnish reasonable, adequate and efficient cable television service to subscriber terminals. This requirement may be temporarily suspended due to circumstances beyond the reasonable control of the Grantee.

7-8-21 PERFORMANCE STANDARDS. The Grantee shall produce a picture in black and white or in color that is of high quality accompanied by proper sound on typical standard television sets in good repair. The Grantee shall also transmit signals of adequate strength to produce good pictures with good sound at all subscriber terminals throughout the City without causing cross modulation in the cables or interfering with other electrical or electronic systems.

 

7-8-22 CHANNEL CAPACITY AND PERFORMANCE. During the term of the franchise, the cable television system of the Grantee shall conform to the channel capacity and performance requirements contained in the then current regulations of the FCC.

 

7-8-23 INSTALLATION AND MAINTENANCE OF SUBSCRIBER TERMINALS IN CITY BUILDINGS AND SCHOOLS. During the franchise, the Grantee shall at its sole cost, install and maintain a subscriber terminal in such buildings owned or used by the City, and in such buildings owned or used by recognized educational authorities within the City, both public and private, as may be designated by the governing body having jurisdiction thereof. This provision is meant to apply only to those buildings accessible to Grantee's system.

 

7-8-24 TELECAST OF EDUCATIONAL ACTIVITIES. The Grantee shall not cablecast, tape, reproduce or otherwise convey to its subscribers the activities of any recognized educational authority, public or private, without the written consent of the governing body of such authority.

 

7-8-25 PROGRAM ALTERATION. Any program cablecast by the Grantee from a television broadcast station shall be cablecast by the Grantee in its entirety, as received, without alteration.

 

7-8-26 SUBSCRIBER RATES AND CHARGES. All basic rates and charges made by the Grantee for its services shall be fair , reasonable, just and uniform, designed to meet all necessary costs of service, including a fair rate of return on net valuation of its properties devoted thereto under efficient and economic management.

 

7-8-27 SERVICE RULES AND REGULATIONS. The Grantee shall have the right to prescribe reasonable service rules and regulations and operating rules for the conduct of its business. Such rules and regulations shall be consistent with the terms and conditions of the franchise. The Grantee shall file such rules and regulations, and all amendments thereto, with the City.

 

7-8-28 SERVICE AGREEMENTS. The Grantee shall have the right to prescribe a reasonable form of service agreement for use between the Grantee and its subscribers. Such service agreement shall be consistent with the terms and conditions of the franchise.

 

7-8-29 PAYMENTS TO CITY. The Grantee shall during each year of operation under the franchise pay to the City three percent (3%) of the Basic Cable Service revenues received from within the City. At the close of the Grantee's fiscal year, an annual report shall be provided to the Council detailing all revenues received by the Grantee and indicating the source of said revenues. The City reserves the right to require that additional information be submitted by the Grantee detailing properties and expenses relative to the Grantee's services within the City for such period. The Grantee shall be required, at least annually, to submit a copy of its stockholders' report to the Council. All payments as required by the Grantee to the City shall be made annually and shall be due ninety (90) days after the close of the Grantee's fiscal year.

 

7-8-30 OFFICE OF GRANTEE. During the term of the franchise, the Grantee shall maintain an office in Des Moines County, Iowa, for the purpose of receiving, investigating and responding to the complaints and grievances with respect to the quality of the service rendered by the Grantee, equipment malfunctions and other similar matters pertaining to the cable television system of the Grantee.

 

7-8-31 CITY ACTION. Any person having a grievance or complaint may file a grievance or complaint with the Council by using a complaint form and filing the same with the Clerk. Upon receiving the complaint form, the Clerk shall give notice to the Grantee by mailing to the Grantee a copy of said complaint. The Clerk will also set the matter to be heard before the Council at its regular meeting not less than fifteen (15) days or more than sixty (60) days from receipt of said complaint.

 

7-8-32 INJURY TO PROPERTY OF THE GRANTEE. No person shall wrongfully or unlawfully injure the property of the Grantee.

 

7-8-33 INTERCEPTING SIGNALS OF THE GRANTEE. No person shall wrongfully or unlawfully intercept the signals of the Grantee.

 

7-8-34 FILING OF REPORTS. On or before April 1 of each year, the Grantee shall file with the City copies of FCC Form 325 and FCC Form 326 for the preceding calendar year.

 

7-8-35 FILING OF MAPS AND PLATS. On or before April 1 of each year, the Grantee shall file with the City maps and plats showing the location and nature of all new property of the Grantee within the City as of the end of the preceding calendar year.

 

7-8-36 FILING OF COMMUNICATIONS WITH REGULATORY AGENCIES. The Grantee shall file with the City copies of all petitions, applications and communications submitted by the Grantee to any regulatory agency having jurisdiction over the Grantee.

 

 

7-8-37 ACCESS. The Grantee shall and does hereby grant to the City the right to enter upon the property of the Grantee, upon reasonable notice, at any and all reasonable times to inspect the same for purposes pertaining to the rights of the City.

 

7-8-38 DISCRIMINATION PROHIBITED. The Grantee shall not grant any undue preference of advantage to any person, nor subject any person to prejudice or disadvantage with respect to rates, charges, services, service facilities, rules, regulations, or in any other respect.

 

7-8-39 OTHER BUSINESS ACTIVITIES PROHIBITED. During the initial term of the franchise, or any extension thereof, the Grantee shall not engage in the business of selling, leasing, renting or servicing television or radio receivers, or their parts and accessories, and the Grantee shall not require or attempt to direct its subscribers to deal with any particular person or firm with respect to said activities.

 

7-8-40 RESERVATIONS. The right is reserved to the Council or its successor or equivalent to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power.

 

 

 

 

 

These ordinances may not be the most current version of the code. Please contact City Hall at 120 Mechanic Street to be certain of the ordinance in place