HomeMy WebLinkAbout2949-03/09/1978 ORDINANCE NO. 2 9 4 9
AN ORDINANCE REGULATING CABLE TELEVISION.
BE IT ORDAINED by the City Council of the city of Waterloo, Iowa:
Section 1. DEFINITIONS.
The following definitions shall apply to those words and phrases found in
this ordinance:
Cable television system (or CATV system) shall mean 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, and other signals originated or supplied by
Grantee or others, by wire or cable to su}Qscribing members of the
public who pay for such service, but such term shall not include any
facility that serves only the residents of one or more apartmHnt
dwellings ynder common ownership, control or management, and commercial
establishments located on the 'premises of such an apartment house.
Channel shall mean a 6 MHz band for transmission of visual and
audio signals for television.
City shall mean the city of Waterloo, Iowa.
Connection, existing, shall mean the connection of the cable or wire
to a television or radio receiver when the house drop has previously
been installed.
Connection, new, shall mean the installation of a house drop and the
connection of the cable or wire to a television or radio receiver.
Converter shall mean a device capable of providing more than the number
of channels on a standard television receiver.
Distortion shall mean the departure, during transmission or applification,
from the received signal waveform from that of the original transmitted
waveform.
FCC shall mean the Federal Communications Commission.
Franchise shall mean a legal contract between the city and a person which
contract contains terms and conditions for constructing and operating a
cable television system.
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Ghost images shall mean weak or shadowy images in the received picture,
offset from the primary image.
Grantee is a person holding a franchise to operate a cable television system.
House drop means the wire or cable that connects each building or home
to the distribution cable.
Outlet shall mean the point of connection of the cable or wire to a
television or radio receiver.
Person shall mean any individual or any corporation, partnership,
business, firm or other organization.
Subscriber shall mean a person who purchases cable television services.
Section 2. TERM OF FRANCHISE.
Pursuant to full consideration and approval of the Grantee's legal,
character, financial, technical and other qualifications, and the adequacy and
feasibility of its construction arrangements, and as part of a full public
proceeding affording due process, any holder of a franchise to operate a cable
television system, its successors and assigns, be and is hereby granted the right,
franchise and authority for a period not to exceed twenty-five (25) years, with the
city having an option pursuant to a full public proceeding to renew for an additional
period not to exceed twenty-five (25) years, to acquire, construct, and operate a
cable television system over, under and upon property of the city of Waterloo,
(hereinafter referred to as "City"), and to sell and supply to individuals, firms
and corporations, public or private, at any and all places, within the corporate
limits of the City, as said limits now are or hereafter may be established, audio,
video and data communications services, subject to the conditions and restrictions
as hereinafter provided.
Section 3. NONEXCLUSIVE FRANCHISE.
This franchise shall not be exclusive and shall neither restrict the City
council in the exercise of its regulatory power nor prevent it from granting any
other cable television system franchise(s) .
Section 4. AGREEMENT AND WAIVER.
Grantee agrees to abide by all provisions of this franchise and all other
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applicable ordinances of the City. Further, Grantee agrees that it will not
set up as against the City any claim that the provisions of this franchise or
any other applicable ordinance are unreasonable or arbitrary.
Section 5. COMPLIANCE WITH APPLICABLE LAW AND FCC REGULATIONS.
Grantee shall at all times comply with the rules and regulations of the
FCC and shall also comply with all other applicable statutes, ordinances and
regulations which are now in effect or which may hereafter be promulgated. FCC
rules and regulations shall in all cases be controlling if any part of this cable
television franchise is in conflict with any FCC rules and regulations. Furthermore,
any modifications of Section 76.31 of Sub-part C- "Federal-State/Local Regulatory
Relationships", of the FCC Rules and Regulations pertaining to cable television
systems shall be incorporated into this franchise within one year of the adoption
of said modification by the FCC or at the time of any renewal of this franchise,
whichever occurs first.
Section 6. SUBSCRIBER RATES AND CHARGES.
(a) In consideration for services rendered to subscribers, Grantee shall
have the right to charge and collect reasonable and just compensation, which
shall reflect, among other things, the Grantee's need to attract new capital.
Copies of its subscription agreements and schedule of charges shall be filed with
the City. During the first two (2) years of this grant, Grantee shall provide
said services at the rates set forth in the Subscriber Rate Schedule attached
hereto as Exhibit "A" and incorporated as part of this franchise; which rates
shall have full force and effect on the effective date of this franchise and upon
its acceptance by the Grantee as provided in Section 36 hereof.
(b) Except as provided in Subsection (d) of this Section, no
increase in any rate charged to subscribers shall be imposed by the Grantee,
except as authorized by the Council.
(c) Not more often than once within any twelve (12) month period, the
Grantee may increase any or all of its rates in an amount not exceeding the
percentage by which the national U.S. Consumer Price Index published by the U.S.
Bureau of Labor Statistics (or similar index by which said Index shall be replaced)
shall have increased since the effective date hereof or since Grantee's last
rate increase.
(d) If any governmental agency imposes any use tax, sales tax, or taxes
of another form on the Grantee's service, Grantee may add any such tax(s) or fee(s)
to its bills and may, at its option, set forth such amount(s) as separate items.
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Section 7. CHANGE OF RATES AND CHARGES.
Except as otherwise provided in Section 6 above, the rates and charges
specified herein shall not be raised or lowered by Grantee, except with the approval
of the City Council. Such approval may be given upon a finding by the City Council
that a change in rat-cn or charges is necnnnary to further the public inLurvst or to allow
Grantee to realize a fair rate of return on its investment sufficient to attract
capital; provided, however, that Grantee may not apply for permission to change
its rates or charges within the first two (2) years following the effective date
of this franchise. Before any application for a change in rates or charges
hereunder may be considered and acted upon, it shall be filed with the City Council,
which shall then publish public notice of the application for two (2) consecutive
weeks in a newspaper of general circulation in the City. The notice shall specify
a time and place for a public hearing. At such hearing, any interested person
shall have the right to give testimony and present evidence on the change in
rates or charges proposed. The City Council shall review the testimony and
evidence and after such hearing shall determine whether the rates and charges
in question shall be increased, decreased or shall remain the same. If the
City Council, within sixty (60) days after Grantee makes application for a
rate increase hereunder, fails to either approve, reject or modify such
rate increase, Grantee may then put into effect the change (s) in rates
requested in such application.
"A certified audit of the Grantees' book- --:1 .cwras shall be delivered
to the City as part of a request for a rate increase.
Section 8. RATES FOR NEW SERVICES.
To the extent permitted by the Federal Communications Commission (FCC)
Rules and Regulations, rates or charges for new services which may be offered
in the future by Grantee may, as deemed necessary, be established by the City
upon application of Grantee. Such rates or charges shall be established in
accordance with the procedure for rate changes as set forth in Section 7 above.
Section 9. FRANCHISE FEE.
Within thirty (30) days after the end of Grantee's fiscal year, Grantee
shall pay to the City a franchise fee of three percent (31o). The franchise fee
shall be based on Grantee's gross revenues for operations in the City for
the preceding fiscal year.
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Section 10. CATV COMMISSION.
The mayor, with concurrance of the City Council, shall appoint a CATV
Commission consisting of eleven (11) citizens of Waterloo to serve without
pay.
The duties of this Commission shall be:
(a) To observe the operations of the Grantee and make recommendations
to the City Council concerning cable television operations; and
(b) To review and evaluate all progran ring to be provided by Grantee.
In case any disagreement shall arise between the Grantee and the CATV
Commission regarding Sections (a) and (b) as above, such disagreement shall
be referred to three arbitrators, one to be appointed by each party and the
third to be appointed by the two so by the parties appointed; and the award
shall be made within thirty (30) days after the reference to said arbitrators. If
either party shall refuse or neglect to appoint an arbitrator within ten (10) days
after the other shall have appointed an arbitrator and served written notice
thereof upon the other requiring him to appoint an arbitrator, then the
arbitrator so appointed by the first party shall have power to proceed to
arbitrate and determine the matters of disagreement as if he were an
arbitrator appointed by both the parties hereto for that purpose, and his
award in writing signed by him shall be final; provided that such award shall
be made within thirty (30) days after such refusal. or. neglect of the other party
to appoint an arbitrator.
Section .11. CONSTRUCTION; EXTENSION POLICY.
(a) Grantee shall apply to the FCC for a certificate of compliance within
ninety (90) days from the effective date of this ordinance. In the construction
of the system Grantee shall provide a permanent studio. Grantee' s studio as well
as its cable-casting facilities shall be fully operational within one (1) year
following FCC certification. Within one (1) year following the effective date of
this ordinance, Grantee shall reasonably and equitably extend energized trunk
cable to at least twenty (20) percent of the City. Construction and installation
of the energized cable shall be fully completed and cable television available
to the entire city within eighteen (18) months after the effective date of this
ordinance. All residential buildings in existance when this ordinance is passed,
will be connected to and served by the cable television system if the occupant
of that residence so desires. Pursuant to public notice and as part of the
full public proceeding specified in Section 2 above, Grantee, upon written request
by a developer, builder or subscriber, will furnish service under this
franchise to any areas within the city limits, provided that the additional
construction in the opinion of Grantee is economically feasible, which
determination may require the developer, builder or subscriber to make a
contribution in aid of construction.
(b) In those areas and portions of the city where the transmission or
distribution facilities of both the public utility providing telephone service
and those of the utility providing electric service are underground, Grantee will
, construct or reconstruct, operate, relocate and maintain all of its transmission
and distribution facilities underground, at no additional charge to subscriber,
provide trenches for underground distribution and service laterals, conduit, vaults
and pedestals. For the purposes of this subsection, "underground" shall include a
Partial underground system. Amplifiers and subscriber tap-off devices in Grantee's
transmission and distribution lines may, at Grantee's option, be in appropriate
housing upon or above the 'surface of the ground.
(c) In all instances where the developer, owner or subscriber requests
underground service, a suitable trench shall be provided by the developer, owner
or subscriber across the private property involved, or in the alternative Grantee
shall be reimbursed by the developer, owner or subscriber for the actual costs of
construction of the trench and restoration of disturbed surfaces, plants and
structures upon said private property. The owner shall thereafter have ownership
and responsibility for maintenance of said trench and for the maintenance and re-
placement of the conduit installed therein by Grantee, if any. Grantee shall be
responsible for replacement if defective materials or labor are found to have been
installed.
section 12. TECHNICAL STANDARDS.
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(a) In connection with the operation of a cable television system, Grantee
shall render its services in accordance with those technical standards herein
enacted by the City and those reasonable technical standards and reporting
requirements which may hereafter be enacted by the City, provided such standards
or requirements are not inconsistent with rules or regulations of the FCC.
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(b) Grantee shall produce a picture in black and white or in color that
is undistorted, free from ghost images and accompanied by proper sound on
typical standard production television sets in good repair. Grantee shall also
transmit signals of adequate strength to produce good pictures with good sound
at all outlets throughout the City without causing cross-modulation in the cables
or interfering with other electrical or electronic systems.
(c) Grantee shall limit failures of the system to a mininun and locate
and correct all malfunctions involving the house drop and all other malfunctions
between the trunk and distribution lines and the television or radio receiver
within a reasonable time following proper notice by a subscriber, not to exceed
three (3) days.
(d) Grantee shall employ such devices and equipment as may be reasonably
necessary on facilities owned or leased by it to avoid interference to TV
reception by non-subscribers, and its system shall comply in all respects with
Federal Communications Commission technical standards particularly with respect
to regulations concerning freedom from spurious radiation.
Section 13. OPERATION AND MAINTENANCE.
In addition to the requirements already imposed, Grantee shall perform
the following with regard to the operation and maintenance of a cable television
system:
(a) Keep service interruptions involving the production and distribution
systems as short as practical and insofar as possible, schedule such interruptions
during periods of minimum use of the system and precede them by notice.
(b) Upon termination of service to any subscriber, promptly remove all
its facilities and equipment from subscriber's premises upon request without charge.
(c) Distribute television signals to subscribers which are disseminated
to the general public by licensed conventional over-the-air broadcasting means.
(d) Provide the first five minutes use of the public access channel,
provided for under FCC regulations, free of charge. Grantee shall further provide
adequate studio facilities and technical assistance for production of programming
on the public access channel at a cost not to exceed Grantee's out-of-picket
studio expenses.
(e) Provide to the public the necessary information on the use of the
access channels and provide, on request, assistance to any person seeking to
develop the necessary skills to produce programs on the access channels. Further,
Grantee shall cooperate with any person wishing to organize training workshops
in connection with the use of the access channels.
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(f) Upon the request of a subscriber, provide at a reasonable charge a
device capable of switching from cable reception to normal reception.
(g) Be capable of distributing color television signals. when signals
are received in color they shall be distributed in color.
(h) Provide interconnection, where technically and financially possible
or feasible, with other cable television systems operating in the greater waterloo
area, upon request of the City.
Section 14. COMPLAINTS.
Grantee shall maintain a local office with a toll-free listed phone number
so located that maintenance service shall be promptly available to subscribers
upon request. Procedures have been adopted by Grantee and the City for the
investigation and resolution of all complaints regarding Grantee's TV cable
operations. See Exhibit "B" attached hereto. These procedures, as amended by
muutal consent of the City and Grantee, will be contained in the City's
administrative regulations and a copy thereof will be available at Grantee's
local office. Any person having a complaint regarding Grantee's operations
may direct such complaint to Grantee, or if not satisfied with Grantee's disposition
of such complaint, to the 'CATV Commission, City Hall, waterloo, Iowa, who shall
have primary responsibility for the continuing administration of this franchise
and implementation of complaint procedures. Grantee shall give notice of the
procedures for reporting and resolving complaints to each subscriber at the time
of iniital subscription to the cable system.
Section 15. PROGRAM ALTERATION PROHIBITED.
All programs of broadcasting stations carried by Grantee shall be carried
in their entirety as received, with announcements and advertisements and without
additions.
Section 16. REMOVAL OF EXIST114G ANTENNA.
Grantee shall in no way tamper with or remove an existing television
antenna without the subscriber's consent.
Section 17. SAFETY REOUIREMENTS.
Grantee shall at all times employ reasonable care in the installation and
maintenance of its cable television system and shall install and maintain such
system in accordance with commonly accepted good engineering methods and practices.
All structures, lines, equipment or connections in, over, under or upon the
streets, sidewalks, alleys and public ways or places of the City shall at all
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times be kept and retained in a safe condition and in good working order and
repair and shall not in any way interfere with any installations of the City or
of any public utility serving the City.
Section 18. CONDITIONS ON STREET OCCUPAtdCY.
Grantee shall be allowed to use the city streets, alleys, right-of-ways
and other public ways and places for the construction and operation of its cable
television system pursuant to the granting of a franchise; provided, however,
that in such use and occupancy Grantee shall be subject to all applicable City
ordinances.
Section 19. PLACEMENT AND USE OF POLES.
Where poles or other wire-holding structures already serving the City are
available for use by Grantee, but Grantee does not make arrangements for such use,
the City may require Grantee to use such poles and structures if the City determines
that the public convenience would be enhanced thereby and if the terms of the
use available to Grantee are just and reasonable.
Where the City or a public utility serving the City desires to make use
of the poles or other wire-holding structures of Grantee but agreement with
Grantee cannot be reached, the City may require Grantee to permit such use for
such consideration and upon such terms as the City shall deem to be just and
reasonable, if the City determines that the use would enhance the public convenience
and would not unduly interfere with Grantee's operations.
Grantee shall not erect or maintain any poles or aerial wires or cables
within any underground districts which have been established by the City or
which may hereafter be established by the City. Furthermore, no poles or aerial
wires or cables shall be installed or maintained in any area where other utilities
are required by law to be underground or where such other utilities are already
installed underground.
The Grantee shall, on the request of any person holding a building
moving permit, issued by the City, temporarily raise or lower its wires to permit
the moving of buildings. 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 forty-eight (48) hours advance notice to arrange for such temporary wire
changes.
Section 20 MMOVAL OF EQUIPMENT UPON EXPIRATION OF FRANCHISE.
Upon the termination or cancellation of this cable television franchise,
Grantee shall remove its poles, cable television transmission and distribution
systems, and all other appurtenances from the streets, sidewalks and public ways
of the City, when ordered to do so by the City, and shall restore the same to
their original condition. If Grantee refuses to remove such items or fails to
remove such items in a reasonable time after notification by the City, the City
shall have the right and authority to remove such poles, cable television
transmission and distribution systems, and other appurtenances from the city streets,
sidewalks and public ways.
Section 21. SERVICE RULES AND REGULATIONS OF GRANTEE.
Grantee shall have the right to prescribe reasonable service rules and
regulations regarding access channels not inconsistent with the provisions of
the Grantee's franchise or of any other ordinances of the city of Waterloo, and
not inconsistent with the laws of the State of Iowa and the United states of
America. Such rules shall be filed with the City simultaneously with submission
to the FCC. Grantee shall also submit to the City the form of its service
agreements between Grantee and its subscribers for approval by the City and
shall furnish for approval any amendments or alterations to the service agreement.
Section 22. MAPS, PLATS AND REPORTS.
Grantee, upon request by the City, shall submit to the City Engineer,
maps and plats showing all existing and proposed cable television installations
in the City. Grantee shall submit upon request by the City all relevant business
records or reports to the City. Such business records and reports shall be
full, complete and accurate.
Section 23. EMERGENCY USE OF FACILITIES.
In the event of any emergency or disaster, Grantee shall, upon the request
of the mayor, make its facilities available to the City for emergency use during
the emergency or disaster.
Section 24. PUBLIC ACCESS; SERVICE TO THE CITY OF WATERLOO; SERVICE TO THE SCHOOLS.
(a) Grantee shall provide a nonconnercial public access channel available
to the public on a first-come, nondiscriminatory basis. Such charmel shall be
operated consistent with this ordinance and consistent with FCC rules and regulations.
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(b) Grantee shall provide channel space to the city of Waterloo, and to
Waterloo public and parochial schools. . Such charnel space shall be provided to the
city of Waterloo and the schools free of charge during the term of any cable televis-
ion franchise. Furthermore, Grantee shall also supply free interconnection installa-
tion and service to public primary and secondary schools located within the City upon
the request of the board of directors of the Waterloo Canrnnity School District.
(c) Until such time as the demand requires one or more additional channel,
the governmental, educational and public access charnels may be combined and shall
be assigned to a charnel fran 2 to 13 in order that such access channels can be
received without a converter.
(d) During the term of this grant, Grantee shall, upon request of the City,
provide to each public and parochial school in the City, and to each building used
for city governmental and municipal purposes, one primary service connection at
no charge. Additional outlets requested in such buildings shall be installed, but
shall be subject to the then prevailing rates for installation and use of additional
outlets.
(e) In the event the Waterloo Conmmnity School District and/or parochial
schools begins operation of an Instructional Television Fixed Service Systern (I.T.F.S.) ,
Grantee shall carry those signals.
(f) Grantee shall provide at no charge - one primary service to all Doctors'
offices, Hospitals and certified nursing hares.
Section 25. INSPECTION OF RECORDS.
The City shall have the right, power and authority to inspect the relevant
records of Grantee at the premises of Grantee during the normal business hours
of any working day, or at any other reasonable time and place providing Grantee
is given no less than seven (7) days notice.
Section 26. SUPERVISION AND INSPECTION.
The City shall have the right to supervise any construction or installation
work performed by Grantee in the City and make such inspections as it finds
necessary to insure compliance with the terms of this cable television franchise
or other pertinent provisions of the law.
Section 27. FILINGS AND COMMUNICATIONS WITH REGULATORY AGENCIES.
Copies of all petitions, applications, communications and reports submitted
by Grantee to the FCC, Securities and Exchange Commission, or any other
federal or state regulatory commission or agency having jurisdiction in regard
to any matters affecting cable television, shall also be submitted simultaneously
to the City Council.
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Section 28. DISCRIMINATION PROHIBITED.
Grantee shall not, as to rates, charges, services, service facilities,
rules and regulations, or in any other respect, make or grant any undue
preference or advantage to any person, nor subject any person to prejudice
or disadvantage. Nothing in this section, however, shall be deemed to prohibit
promotional campaigns to stimulate subscriptions to the system or deemed to
prohibit the establishment of a graduated scale of charges and classified rate
schedules to which any customer coming within such classification would be
entitled or to prohibit the charging of special rates so long as that rate is
reasonable and lawful. Grantee shall not discriminate against any person on
the basis of race, religion, creed, color, sex, national origin or ancestry.
Furthermore, Grantee shall also take affirmative action to recruit employees
from members of minority groups.
Section 29. OTHER BUSINESS ACTIVITIES PROHIBITED.
Grantee shall not engage in the business of selling, repairing or installing
television receivers, radio receivers or accessories for such receivers within
the City of Waterloo during the term of this cable television franchise, except
as provided herein.
Section 30. HOLD HARMLESS.
Grantee shall at all times defend, indemnify, protect and hold harmless
the City from and against any and all liability, losses and damage to property
or bodily injury or death to any person, including payments made under workmen' s
compensation laws, which may arise out of or be caused by the erection, con-
struction, replacement, removal, maintenance or operation of Grantee' s cable
television system and caused by any act or failure to act on the part of Grantee,
its agents, officers, servants or employees. Grantee shall hold the City harmless
against any damages resulting from legal action which may be brought against
it in connection with the establishment or operation of Grantee' s cable television
system in the City and shall defend at its own expense any action brought against
the City be reason of the erection, construction, replacement, removal, main-
tenance or operation of Grantee' s cable television system.
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Section 31. INSURANCE
Grantee shall promptly, after the granting of Grantee' s franchise, provide
public liability insurance for personal injuries and/or death growing out of any
one accident or other cause in a minimum sum of $1,000,000 for one person, and
$1,000,000 aggregate for each accident. Grantee shall also provide insurance
in the amount of $100,000 for property damage resulting from any one accident.
Grantee shall maintain such insurance with insurance underwriters authorized to
do business in the state of Iowa satisfactory to the City. All policies shall
name the City, its employees, servants, agents and officers as additional named
insured parties. In addition, the City shall receive at least ten days' prior
written notice of any cancellation or change in any said insurance policy(s) .
Grantee shall furnish the City with a certificate of insurance from Grantee's
carrier indicating that there is such insurance coverage as hereinbefore provided,
and if requested by the City, shall submit to the City two (2) certified copies
of said policies.
Section 32. PERFORMANCE BOND.
Grantee shall promptly, after the granting of this franchise, furnish the
City a surety bond in the sum of $100,000 in the aggregate, with a surety company
qualified to do business in the state of Iowa. Said performance bond shall -
also be subject to the approval of the City. Such bond shall be conditioned to
insure payment of any franchise fee to the City, and to insure faithful performance
under the terms of this franchise. If two (2) years after the effective date of
this ordinance, Grantee is not declared by the City to be in default under the terms
of the franchise ordinance, the City hereby waives the foregoing bond requirement
reserving, however, the right to reimpose the requirement upon a finding, after
a public hearing affording due process, that Grantee is in default.
Section 33. PAYMENT OF COSTS.
The granting of this cable television franchise is subject to the applicable
provisions of Chapter 364 of the Code of Iowa, 1977, or such other enactments of
the General Assembly which might hereafter amend or supersede said Chapter,
and Grantee agrees to pay the costs incurred in holding the required franchise
election.
Section 34. TRANSFER OF FRANCHISE.
Grantee shall not sell, transfer, rent, lease or assign this franchise without
prior approval of the City by ordinance.
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Section 35. FORFEITURE AND TERMINATION.
If Grantee shall fail to comply with any of the provisions of this franchise,
or default in any of its obligations hereunder, except for causes beyond the
reasonable control of Grantee, and shall fail within thirty (30) days after written
notice from the City to commence and, complete the correction of such default or non-
compliance, the City pursuant to a public hearing affording due process, shall have
the right to assess liquidated damages of $500.00 per day until compliance by grantee
and revoke this franchise and all rights of Grantee hereunder. In the event Grantee
shall be adjudicated bankrupt, or place in receivership, the City may declare the
franchise herein granted forfeited and terminated.
Section 36. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance shall be held invalid or unconstitutional, or in conflict with FCC Rules
and Regulations, the remaining provisions shall remain in full force and effect
unless any such change resulting therefrom would, in the opinion of the City,
materially alter the terms of this ordinance.. In the event the City finds that
such change materially alters the terms of this ordinance, the City shall notify
the Grantee of its finding and shall set the matter for hearing and upon such
hearing may vary the terms of this franchise to the extent possible to counter
the effect of such holding.
Section 37. EFFECTIVE DATE.
This ordinance shall be in full force and effect from and after its
passage and publication as required by law and after the receipt by the City
Clerk of a written statement from Grantee, which must be received within thirty
(30) days after voter approval of Grantee's franchise ordinance, stating that Grantee
unconditionally accepts the franchise and covenants to faithfully comply with and
abide by all the provisions, terms and conditions of this ordinance.
Passed and adopted this 27th day of February, 1978, approved by the Mayor
this 27th day of February, 1978.
Led P. Roott, Mayor �
Attest:
Ka rine Gi s, Cityr ClerT—
RESOLUTION NO. 1984-379
RESOLUTION AUTHORIZING INCREASE FOR BASIC
CABLE SERVICE FOR WATERLOO CABLEVISION, INC.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the
following rate changes be and the same hereby approved and be
incorporated as a part ofd ,! 29+9. an Ordinance regulating
Cable Television, and designated` aa ftibit "A"
Installation/ Monthly
Connection Service
Charge Charge
A. BASIC SERVICES
1 . Standard single-family residence
(see Note 1) including individual
dwelling units in multiple-dwelling
buildings and condominiums and in
mobile home parks.
First TV or FM-radio outlet (see
Note 2 below for special provisions
relating to underground drops and $25.00 $9.50
Note 3 for drop lines exceeding 150
feet in length)
Additional outlets in same residence
or dwelling unit, each $ 8.00
Reconnect existing connections, for same
or different subscriber, or for transfer
of subscriber to different address $16.50
Additional outlets (existing), each $2.35
Relocate outlet in same residence, each $12.50
NOTES:
1 . Company, as a means of promoting sales of its services or for other
business reasons from time to time and solely in its own discretion
may present prizes or gift certificates, or allow various discounts,
allowances, waivers of charges, periods of free service, or other
reductions or any of its charges (including those hereinafter
provided), in any such case without specific approval of the
franchising authority.
2. For underground drops, subscriber must provide the trench, at least
12 inches minimum (preferably 18 inches) below the surface from his
property line to the point where the drop cable emerges for contact
to the building. Subscriber may dig his own trench or contract with
others. Damage to cable in said trench (less normal wear and
deterioration) shall be repaired at the expense of the subscriber.
3. Subscriber may pay company the cost of materials and labor for that
part of a drop which is in excess of 150 feet, measured from the
tap-off device on the distribution cable to the terminal at the set
connected to the subscriber's primary outlet.
Exhibit "A" Page Two
2. Offices, Clubs, Lodges, Taverns, Lounges, TV Dealers and TV
Service Dealers (places where members of the public can view the
sets):
(a) Installation charge: Company's cost of materials and labor
(including engineering, supervision and travel time), as
from time to time determined by company from the tap-off
device on the distribution cable to the terminal(s) at the
set(s) ;
(b) Monthly service charge: $10.00 for the first outlet plus
$2.50 for each additional outlet; provided, however, that
TV dealers and TV service dealers only may install their
own internal distribution systems and pay the monthly
service charges for only the first cutlet.
3. Apartment houses containing eight (8) or more units, at least
one outlet per unit; owner or operator of building to pay both
installation and monthly charges for all units whether occupied
or not.
(a) Installation charge: Company's cost of materials and labor
(including engineering, supervision and travel time), as
from time to time determined by company from the tap-off
device on the distribution cable to the terminals at all
sets;
(b) Monthly service charge: $10.00 for the first outlet in
each apartment plus $2.50 for each extra outlet in the
same apartment.
(c) If the owner of said unit elects not to subscribe as per
this section, he or she may elect to have each occupant
subscribe as an individual residence.
4. Motels and Hotels (and similar places having transient
populations but not including mobile homes or trailer parks),
where the owner or operator of the property pays all charges;
one outlet per unit:
(a) Installation charge: Company's cost of materials and labor
(including engineering, supervision and travel time), as
from time to time determined by company from the tap-off
device on the distribution cable to the terminals at all
sets. If there is an existing distribution system within
the motel or hotel and company's inspection finds it
acceptable, the installation (interface) charge shall be
$50.00.
(b) Monthly service charge: $10.00 for the first unit plus
$2.50 for each additional unit.
5. Travel Trailer Parks (exclusive of mobile home parks) :
(a) Installation charge: Company's cost of materials and labor
(including engineering, supervision and travel time), as
from time to time determined by company from the tap-off
device on the distribution cable to the ends of the drop
lines servicing the location ("pad") where each trailer may
be positioned, said cost to be paid entirely by owner of
the property.
(b) Monthly service charge $10.00 per outlet; provided,
however, that if owner or operator agrees to pay the
monthly service charge for all outlets whether the trailer
locations are occupied or not, such agreement to be
cancellable only upon twelve (12) months' notice to
company, the monthly charge shall be $10.00 for the first
outlet plus $2.50 for each additional outlet.
Exhibit "A"
Page Three
6} Other or Unusual Equipment of Service Requested by Subscriber:
C. Both installation and monthly charges shall be negotiated
individually compatibly with the foregoing.
< r
Unwarranted Complaint Calls:
T
C' First such call. . .. .... .. . . .. . . . . . . . . . . . . . . . . . .no charge
Subsequent Calls each (optional with Company). . .. . .$12.50
" $? Late Payment Fee. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. .$1 .00
B.''-y ADDITIONAL SERVICE
Any additional service shall be negotiated between the Grantee
and the City of Waterloo if and when that service is requested
T or needed.
Ae
C. --TAXES
If any governmental agency imposes any use tax, sales tax or
other form of tax or fee on company's service (other than the
City's regular franchise fee or ad valorem or income taxes which
apply to all businesses), the company may add any such tax(s) or
fee(s) to its bills and may, at its option, set forth such
amount(s) as separate items.
Passed and adopted this 20th day of August, 1984.
Del Bowers, Mayor
ATTEST:
L j ./ urger, ity er uditor
EXHIBIT "A" - SUBSCRIBER RATE SCHEDULE
Installation/ Monthly
Connection Service
Charge Charge
A. BASIC SERVICES
1. Standard single-famil residence (see Note 1)
including individual d elling units in
multiple-dwelling buil 'ngs and condominium-5'
and in mobile home par s:
First TV or FM-radio o tlet (see Note 2 blow
for special provisions re ating to undergrliund
drops and Note 3 for drop lines exceedi
150 feet in length) /t to - - - $ 15. 00 $ 7. 50
Additional outlets in same sidence r
dwelling unit, each Up to - - - 5. 00 1. 50
Reconnect existing connection fo same or
different subscriber, or for tr ns r of
subscriber to different address Up to - - - 10. 00 7. 50
Additional outlets (existing), ea Up to - - - --- 1.50
Relocate outlet in same reside ce
each Up to - - - 7. 50 ---
NOTES:
1. Company, as a means of prom ting sales of its services, or for other
business reasons, from time time, and solely in its own discretion,
may present prizes or gift c tificates, or allow various discounts,
allowances, waivers of char es, periods of free service, or other
reductions of any of its ch ges (including th se hereinafter provided),
in any such case without ecific approval of he franchising authority.
2. For underground drops subscriber must prov de the trench, at least
12 inches minimum (p eferably 18 inches) belo the surface, from his
property line to the p int where the drop cable a erges for contact
to the building. Sub criber may dig his own tren h or contract with
others. Company ill contract with subscriber t provide the trench
for fifty cents (50� per lineal foot of trench. Da age to cable in
said trench (less ormal wear and deterioration) s all be repaired at
the expense of t subscriber.
3. Subscriber mu t pay company the cost of materials and labor for that
part of a drop which is in excess of 150 feet, measured from the tap-off
device on the distribution cable to the terminal at the set connected
to the subscriber's primary outlet.
Exhibit "A"
Page 2
2. Offices, Clubs, Lodges, Taverns, Lounges, TV Dealers and TV Service
Dealers (places where members of the public can view t�e sets):
i
(a) Installation charge: Comp�ny's cost of material,s/and labor
(including engineering, sup rvision and travel time), as
from time to time determi ed by company, from the tap-off
device on the distribution c ble to the terminal (s) at the set(s);
(b) Monthly service charge: $7. 50 for the first outlet plus $1.50
for each additional outlet; p ovided, however, that TV dealers
and TV service dealers only may install' their own internal
distribution systems and pay the monthly service charges for
only the first outlet.
1
3. Apartment houses containing eigl 't (8) o} more units, at least one
outlet per unit; owner or operatorjof b ilding to pay both installation
and monthly charges for all units, ),wh ther occupied or not).
1
(a) Installation charge: Company' cost of materials and labor
(including engineering, supero Sion and travel time), as from
time to time determined by c pang, from the tap-off device
on the distribution cable to t e t rminals at all sets;
(b) Monthly service charge: $ . 00 f r the first outlet in each
apartment, plus $1.50 fo each e� tra outlet in the same apartment.
(c) If the owner of said uni elects not to subscribe as per this section,
he or she may elect to ave each d,ccupant subscribe as an in-
dividual residence. I
4. Motels and Hotels (and /imilar places h ving transient populations,
but not including mobile home or trailer arks), where the owner
or operator of the pr perty pays all char es; one outlet per unit:
(a) Installation cha ge: Company' s cost o materials and labor
(including engi eering, supervision an travel time), as from
time to time etermined by company, rom the tap-off device
on the distri ution cable to the termina s at all sets. If
there is an xisting distribution system ithin the motel or
hotel and c mpany' s inspection finds it a ceptable, the
installatio (interface) charge shall be $ 0. 00;
(b) Monthly ervice charge: $7. 50 for the firs unit plus $1.50 for
each additional unit.
5. Travel Trailer Parks (exclusive of mobile home parks) :
(a) Installation charge: Company's cost of materials and labor,
(including engineering, supervision and travel time), as from
time to time determined by company, from the tap-off device on
the distribution cable to the ends of the drop lines servicing
the location ("pad") where each trailer maybe positioned, said
cost to be paid entirely by owner or operator of the property;
Exhibit "A"
Page 3
(b) Monthly service cha ge: $7. 50 per outlet; prow' ed, however, that
if owner or operator agrees to pay the monthly service charge for
all outlets, whether t e trailer locations are ccupied or not,
such agreement to bence11 ble only upon t) relve (12) months'
notice to company, the onthly charge shalybe :$7.50 for the
first outlet plus $1.50 fo each additional o�tlet.
6. Other, or Unusual Equipment o Service Req sted by Subscriber:
Both installation and monthly char es shall/e negotiated individually,
compatibly with the foregoing.
7. Unwarranted Complaint Calls:
First such call . . . . . . . . . . . . . No Charge
Subsequent Calls, each (optional with C mpany) $7.50'
B. ADDITIONAL SERVICE
Any additional service shall be nego iated b .tween the Grantee and
the City of Waterloo if and when th service is requested or needed.
C. TAXES
If any governmental agency imp ses any use tax, s les tax or other form
of tax or fee on company' s ser ice (other than the ty' s regular
franchise fee or ad valorem o income taxes which a ly to all
businesses), the company m add any such tax (s) or \e (s) to its
bills and may, at its option, set forth such amount (s) a7 separate
items.
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STATE OF IOWA, str=13156
Black$e WkCowity,�
r_-----------
Publisher of the ���•f���0 0 �------"----
language and published in a daily newspaper printed in the English
the annexed co Waterloo, Black Hawk County, Iowa do solemnly swear that
PY of----Qrd���nce_No:--2g4 9----------- ----------------------------
notice was -- -- - - - - - -
Published in the English language only once aY xg+�slezbq,x
---------
-------------for----------------consecutive ------
commencing on the___
- -------------day of -------
in the issues of______ -------------------19__--__
____March__9� 1978
-------------------------------------------- ------ -- ------------------------
that the annexed rate of advertising is ---ofhe
newspaper,
ear s legal rate o
said newspaper, and that the following is a correct bill for pub-
lishing said notice,
Printer's Bill $__2_77,_k4
------ ------------- -
ubscribed and sworn to before me this______ _ da
Of
---------March 9th - Y
- - ------ - --- - --A. D., 19_Z 8--
-----------
------------
��� Notary pubilo---------
0
---o
------------------------------------------ Dollars
e notice.
__publfa6ers---'