Article I. CATV FRANCHISE [IOWA VIDEO, INC.]  

ORDINANCE NO. 381

An Ordinance Granting to Iowa Video, Inc., Its Successors, Grantees, Lessees and Assigns, the Right, Privilege, Authority and Franchise to Erect, Acquire, Lease, Construct, Maintain and Operate Through, Over, Under, Along, Upon and Across the Streets, Alleys, and Other Public Places in the City of Mount Pleasant, Iowa, Poles, Posts, Wires, Conduits, Conductors, and Other Pertinent Facilities, for the Transmission and Distribution of Television Impulses and Television Energy and F. M. Radio and Providing for the Submission of Said Franchise Matter to the Legal Electors of the City of Mount Pleasant, Iowa. At the November 4, 1969, City Election or at a Special Election.

Be It Ordained by the City Council of the City of Mount Pleasant, Iowa:

Section 1. That Iowa Video, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Iowa and with its principal place of business in Fort Madison, Lee County, Iowa, its successors, grantees, lessees, and assigns, (hereinafter called the Corporation) is hereby granted the right, privilege, authority and franchise to erect, acquire, lease, construct, maintain, and operate through, over, under, along, upon and across the streets, alleys, and other public places in the City of Mount Pleasant, Henry County, Iowa, (hereinafter called the City) poles, posts, wires, conduits, conductors, transmission lines, distribution lines, and other pertinent apparatus (all of the above hereinafter called transmission facilities) for the transmission and distribution of television impulses and television energy and f.m. radio.

Section 2. That this ordinance shall be in full force and effect for a period of fifteen (15) years from and after its passage and publication as provided by law, upon a majority of legal electors of the City of Mount Pleasant, Henry County, Iowa, voting thereon voting in favor of the same at the November 4, 1969, city election or at a special election hereinafter provided for and called, and upon the written acceptance filed with the city clerk by the Corporation of this ordinance within thirty (30) days of the approval of the same at the special election.

Section 3. That the Corporation shall, prior to the installation of any new transmission facilities, file with the city clerk a plat showing the location of such facilities. The installation of such facilities and renewals and replacements of existing lines shall, where physically and financially practicable, be confined to the alleys in the City. Where streets are used, the installation shall, where physically and financially practicable, be through underground conductors.

Section 4. That all transmission facilities shall be located under the direction and supervision of the city engineer subject to the control of the city council, and shall be so erected and maintained as to make no unnecessary obstruction in the streets, alleys, and public places of the City impairing the use thereof by the public. The Corporation shall have the right to excavate, where necessary, for the installation, maintenance or repair of said transmission facilities, in any of the streets, alleys, and other public places of the City at any reasonable time, but shall not unnecessarily obstruct the same. The Corporation shall, under the direction and supervision of the city engineer subject to the control of the city council and at the expense of the Corporation, replace and restore with the same or like material and to the same condition as nearly as practicable all paving, sidewalks and excavations made for such purpose. It shall be the right and duty of the Corporation at its own expense to trim all trees through which any of its facilities may pass. All such work done by the Corporation shall be done in a workmanlike manner and with reasonable dispatch.

Section 5. That if, by reason of grading or improvements or change of grade of any street, alley or sidewalk by the City, or any other public improvement undertaken by the City, it shall become necessary to move or relocate any of said poles, posts or underground conductors, the Corporation shall do so at its own expense.

Section 6. That if the Corporation, or any lessee of said Corporation, shall cease to use any of its poles, posts and wires for a period of six (6) consecutive months, the city council may order the same removed at the expense of the Corporation.

Section 7. That if the Corporation shall fail to do any of the things required by Sections four (4), five (5) and six (6) of this ordinance within thirty (30) days after service upon it of written notice from the City requiring such action, the city council may cause the same to be done at the expense of the Corporation.

Section 8. That the Corporation shall make available to the consumers within the City as soon as practicable such, service and television impulses as can be supplied by the Corporation. The franchise granted by this ordinance and all the rights, privileges and authority granted thereby shall be null and void if within nine (9) months after the requisite Federal Communications Commission[,] approval Iowa Video, Inc. has not begun construction on the transmission facilities.

Section 9. That until the power to fix reasonable rates and charges is vested by law in some other public body, the rates charged by the Corporation for television impulses distributed and sold in the City under this franchise shall be such reasonable rates as may from time to time be fixed by the city council, and the council shall have the power to require the Corporation, subject to reasonable rules and regulations and the provisions of this ordinance, to furnish to any person applying therefor along the lines of the Corporation's transmission facilities with service of the same character as the Corporation is furnishing for similar use to others along the same lines. At the request of the council, all corporate records will be furnished to the City.

Section 10. That the Corporation shall at all times protect and save harmless the City from all damage and loss arising out of the construction, maintenance and operation of its transmission facilities and shall furnish the City certificates of insurance showing insurance limits for damage to persons and property in the amount of at least $100,000.00.

Section 11. That upon the effective date of this ordinance, the corporation shall furnish a bond to the City in the amount of $10,000.00 in such form and with such sureties as shall be acceptable to the City guaranteeing the payment of all sums which may, at any time, become due from the Corporation to the City under the provisions of this ordinance, and guaranteeing the faithful performance of all of the obligations of the Corporation under the provisions of this ordinance.

Section 12. That the Corporation shall furnish to the City, free of charge, at any city fire and/or police station within the service area of the Corporation, such television impulses and energy and f. m. radio as can be supplied by the Corporation for the operation of one or two television sets at each place. The Corporation shall furnish, free of charge, to each elementary and secondary school building, public or private, within the service area of the Corporation, such television impulses and energy and f. m. radio as can be supplied by the Corporation for the operation of one television set at each building. Any additional hook-ups or service requested at the above locations will be given at a reduced rate.

Section 13. That in consideration of the granting of this franchise to the Corporation, the Corporation agrees to pay to the City a sum equal to two (2%) percent for the first five (5) years of operation and three (3%) percent for the sixth (6th) through fifteenth (15th) years of operation of the gross revenue per annum derived by the Corporation from monthly service charges received by the Corporation from subscribers to its services within the City.

Section 14. That the public measure of granting said rights, privileges and franchise provided for in this ordinance shall be submitted to the vote of the legal electors of the City of Mount Pleasant, Henry County, Iowa, at the November 4, 1969, city election or at a special election, and if at a special election, said election shall be called and ordered and held within six (6) months of the effective date of this ordinance, or this ordinance shall become null and void. In either case, notice of said election shall be given in the manner and form as required by law.

Section 15. That the Corporation shall pay all expenses incurred in the publication of this ordinance and in the holding of such special election and shall pay any additional costs incurred by the City at the November 4, 1969, city election by reason of the submission of this question to the legal electors of the City of Mount Pleasant, Henry County, Iowa.

Section 16. That should any section, sentence, clause or provision of this ordinance be declared invalid by a court of record, the same shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared invalid.

PASSED AND APPROVED this 16th day of July, 1969.

/s/ James Green
Mayor, City of
Mount Pleasant, Iowa

ATTEST

/s/ R. C. Challen
City Clerk