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Home My WebLink About4571 - 09/09/2002 This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4571 AN ORDINANCE AMENDING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF WATERLOO AND MCC IOWA LLC BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: WHEREAS, Mediacom Iowa LLC ("Grantee") is duly authorized to operate and maintain a cable television system in Waterloo, Iowa (the "System") by the City of Waterloo ("Franchise Authority") pursuant to the franchise granted by the Franchise Authority on February 19, 1996; and WHEREAS, the Franchise Authority and the Grantee agree to amendment of the Franchise Agreement to include the construction of a network to provide broadband data connectivity and services to the Franchise Authority, the Waterloo Community School District and Black Hawk County by the Grantee; and WHEREAS, the Franchise Authority and the Grantee agree that the Grantee shall provide maintenance on the broadband data network at a mutually agreeable maintenance fee for specified uses as agreed upon in a separate agreement; and WHEREAS, the Franchise Authority and Grantee agree that any new cable franchise applicants would be required to provide similar network construction and services to the Franchise Authority, Waterloo Community School District and Black Hawk County. NOW, THEREFORE BE IT ORDAINED AS FOLLOWS: New provisions shall be added to the Franchise Agreement as follows: The Grantee shall construct a fiber optic network capable of carrying video, voice and data connectivity to the City, Waterloo Community School District and Black Hawk County. The network shall not be utilized to compete for any commercial services with the Grantee. The purchase and maintenance of all equipment necessary to activate the fiber optic network shall be the responsibility of the City, the Waterloo Community School District or Black Hawk County. The Grantee shall provide up to 16 unactivated fiber strands to a demarcation point on the exterior wall of buildings at the following locations: City of Waterloo Leisure Services 1101 Campbell Avenue Water Pollution & Sanitation Department 3503 Easton Avenue Waterloo Drug Task Force 1600 Burton Avenue City Hall 715 Mulberry Street Hazmat Training Center 1925 Newell Street County Jail 225 E. 6th Street Pine Crest 1407 Independence Avenue Ordinance No. 4571 Page 2 The Grantee shall provide up to 16 unactivated fiber strands to other City buildings as shall be reasonable required for City operations (at substantially the same level of service) during the term of Grantee' s franchise, The construction and installation costs shall be at Company expense if the locations do not exceed one hundred fifty (150) feet from the fiber network as constructed as of the date of the request by the City. Any construction and installation expense for locations that exceed one hundred fifty (150) from the fiber network as constructed as of the date of the request by the City shall be at City expense. Additional locations shall be served no later than 180 days following written request from City. Grantee may require advance payment of construction and installation costs to build the network to additional requested sites beyond one hundred fifty (150) feet from the fiber network constructed as of the date of the request. The Grantee shall also provide up to 12 unactivated fiber optic strands to a mutually agreed upon location in the right-of-way adjacent to the following locations: Black Hawk Elementary School 1700 Downing Avenue Bunger Middle School 157 S. Roosevelt Road Central Intermediate School 1350 Katoski Drive East High School 214 High Street Edison Elementary School 740 Magnolia Parkway Elk Run Elementary 316 McCoy Road Expo Alternative School 927 Franklin Street Grant Elementary School 1223 Mobile Street Hoover Intermediate School 630 Hillcrest Road Irving Elementary School 728 Hawthorne Avenue Jewett Elementary 600 Collins Avenue Kingsley Elementary School 201 Sunset Road Kittrell Elementary School 1520 Easton Avenue Lincoln Elementary School 942 Newton Street Logan Intermediate School 1515 Logan Avenue Longfellow Elementary School 233 Edwards Street Lowell Elementary School 1628 Washington Street McKinstry Elementary School 1410 Independence Avenue Orange Elementary School 6428 Kimball Avenue Roosevelt Elementary School 200 East Arlington Street New School 1115 W. 5th Street Waterloo Community School District 1516 Washington Street West High School 425 East Ridgeway Avenue The Grantee shall also provide up to 12 unactivated fiber optic strands to a mutually agreed upon location in the right-of-way adjacent to other school locations as shall be reasonable required for school operations (at substantially the same level of service) during the term of Grantee' s franchise. The construction, installation costs and any unusual or extraordinary costs incurred by Grantee in providing said service at additional sites shall be at Waterloo Community School District expense. Additional locations shall be served no later than 180 days following written request from Waterloo Community School District. Grantee may require advance payment of construction costs to build the network to additional requested sites. Ordinance No. 4571 Page 3 The Franchise Authority, the Waterloo Community School District and Black Hawk County shall enter into a use and maintenance agreement with the Grantee at mutually agreeable maintenance fees payable to the Grantee. The Grantee shall provide the following locations with cable modem Internet services at no cost provided that such services are offered by Grantee to Subscribers in the City Limits. Airport 2790 Airport Blvd Waterloo Central Garage 1314 Black Hawk Street Waterloo Streets Department 1601 Black Hawk Street Sullivan Center 4th and Commercial Street Veterans Memorial 655 Cedar Street Police Training Center 348 N. Elk Run Road City Hall 715 Mulberry Street Fire Station No. 3 222 W. Donald Street Fire Station No. 4 1200 Ansborough Avenue Fire Station No. 5 617 Nevada Street Fire Station No. 6 3233 Ansborough Avenue Fire Station No. 7 2790 Airport Blvd Fire Station No. 8 1812 Laporte Road Iry Warren Golf Course 1000 Fletcher Avenue Gates Golf Course 820 East Donald Street South Hills Golf Course 1830 Shaulis Road Adults Inc. 3420 University Avenue Cedar Valley Community Support 3121 Brockway Road Exceptional Persons 760 Ansborough Avenue Mental Health 907 Independence Avenue and Grantee shall provide cable modem Internet services at no cost to up to ten (10) additional sites provided that such services are offered by Grantee to Subscribers in the City Limits to other City and Waterloo Community School District locations as shall be reasonably required for Franchise Authority and School operations (at substantially the same level of service) during the term of Grantee' s franchise. The City and Waterloo Community School District shall be responsible for unusual or extraordinary installation and construction expenses of providing service to additional sites not listed in this Agreement consistent with the provisions of Section 5. 03 (8) of Ordinance No. 4154 as enacted on February 19, 1996. The fiber optic network and the cable modem Internet services specified herein shall be considered a material provision of the franchise. INTRODUCED: August 12, 2002 PASSED 1st CONSIDERATION: August 19, 2002 PASSED 2nd CONSIDERATION: September 9, 2002 PASSED 3rd CONSIDERATION: September 9, 2002 1 Ordinance No. 4571 Page 4 o trl PASSED AND ADOPTED by the City Council this 9th day of s• `i-ember, 2002, and approved by the Mayor this lith day of `i=member, 2002. H a 0 nares t 1-1 John R. Rooff, Mayor tri a � TEST: • Eln xM 4, t1H ti `-+ pricy Eckert, City Clerk n H CERTIFICATE C) I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, d� hereby certify that the preceding is a true and complete copy of Ordinance No. 4571, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 9th day of September, 2002. Witness my hand and seal of office this 11th day of September, 2002. SEAL Nancy Eckert, City Clerk Accepted this 9th day of September, 2002, subject to applicable law. MCC IOWA LLC Bruce Gluckman WITNESS: 1