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HomeMy Public PortalAboutOrdinances-1988-149 . 1 C,t,,," r s ORDINANCE NO. 1988-149 AN ORDINANCE REGULATING CABLE TELEVISION SYSTEMS WITHIN THE CITY OF TIFFIN, IOWA. . BE IT ENACTED by the City Council of the City . 1 of Tiffin, Iowa : 1 SECTION 1. Purpose. { A. The purpose of this chapter is provide regulatory provisions of cable television1.systems in the city of Tiffin. B. The ordinance codified in this chapter' shall be known and may be cited as the "Tiffin Cable Television Regulatory Ordinance. " SECTION 2. Definitions. For the purpose of this chapter, the following terms, phrases, words and derivations shall ahve the meaning given in this section. . I "Cable television system The term "cable television 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 broadcase 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. 1. "Channel" . The term "channel" shall mean the segment of the electro-magnetic spectrum to which a source of television transmission is assigned. '' "City" . The term "City" shall mean the City of . Tiffin, -Iowa. When the context so requires, the term 'City" shall mean, and include the City, its officers, agents, employees, servants and independent contractors. i 1, "Federal Communications Commission" or "FCC" . The terms "Federal Communications Commission" or "FCC" means that federal agency` constituted by the Communication Act ,, ojf 1934 as amended. • s 1 "Franchise" . The term "franchise" shall mean the rights, privileges, and authority granted by the City to the Grantee hereunder and shall include all of the terms and conditions of this ordinance. "Grantee" . The term "Grantee" shall mean any II corporation, partnership, or individual granted a non- exclusive franchise to provide cable television services • in Tiffin, Iowa. "Gross Subscriber Revenues" . The term "gross subscriber revenues" shall mean only .those revenues derived from the monthly servie charges paid by subscribers located within the City for regular cable television reception service, which service includes only the transmission or broadcast signals and 'the programming presented on the required access and originations channels, if any. Gross subscriber revenues shall not include any revenue received': 1. As reimbursement of expense in the operation of any access channels; 2 . As advertising payments; • 3. From the .leasing of cable channels; 4. From programs for' which a per-channel, per- program or tier charge is made; and 5. From furnishin g other communications and nonbroadcast services either directly or as a carrier for another party or any other income derived from the system. Gross subscriber revenues shall also not include revenues received as installation charges and fees for reconnections, inspections, repairs or, modifications of any installments. "Person" . The term "person" shall mean any individual, or any corporation, business, firm, or other entity, ,and shall be construed as singular or plural , or masculine, feminine, or neuter, as the context may require. "Private Property" . The term "private property" shall mean all property, real , personal, or mixed, owned • 2 by a private person, including property owned by a public utility not owned or operated by the City. "Property of the Grantee. The term "property of the Grantee" shall mean all property, real, personal , or mixed, owned or used by the Grantee however arising from or related to or connected with the franchise. "Public Property" . The term "public property " shall mean all property, real, personal or mixed, .owned or used by the City, including property owned or used by a public utility owned or operated by the City. SECTION 3. 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 hereinafter be consistent with generally accepted principles applicable to the operation of a cable television system; subject, however, to the following- restrictions: ' a. The Grantees shall comply with all governmental laws, ordinances, rules, or regulations as amy now or hereinafter be applicable thereto. b. The Grantee shall not use or occupy or permit public 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: i. impair the owner' s interest in or title thereto; ii. impair any mortgage or lease any may now or • hereinafter be applicable thereto; iii. adversely affect the existing value or character thereof; iv. cause or be likely to cause any structural damage; v. cause or be likely to cause anykdamage or injury to any utility service available thereto; 3 • • • • vi. create a public or private nuisance, cause any offensive or obnoxious vibration, noise, odor, or undesireable effect, or interfere with the safety, comfort, or convenience of the owner thereof, and persons lawfully on or about the same; • vii: violate' the rules, regulations, and requirements of any person furnishing utilities or services thereto; or Y i viii. make void or voidable any insurance .then in force affecting the same or cause an increase in the rates applicable thereto. • SECTION 4. 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 taxes, charged, assessed, . levied, or imposed upon the property of the Grantee and upon any services rendered by the Grantee. SECTION 5. Insurance. The Grantee shall indemnify the City, and hold it harmless from all liability, damage, cost or expense ,arising from claims of injury to persons or damage to property occasioned by reason of any conduct undertaken pursuant to this ordinance. The Grantee shall, at all times during the term of the franchise, carry and require their contractors to carry: a. 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, or by reason by any conduct undertaken pursuant to this ordinance. The amounts of insurance to • be carried for liability due to property damage shall be Five Hundred Thousand Dollars ($500,000.00) as to any one occurrence and against liability due to injury or death of persons, Five Hundred Thousand Dollars ' ($500,000. 00) as to any one person and One Million Dollars ($1,000, 000 .00) as to any one occurrence. 4 • b. Workers ' compensation insurance with statutory limits, and employer' s liability insurance with limits of not less than One Hundred Thousand Dollars ($100,000.00) , which shall cover all operations to be performed by the Grantee as a result of this ordinance. c. Automobile insurance with limits of not less than One Hundred Thousand Dollars ($100,000. 00) /Three Hundred Thousand Dollars ($300', 000.00) of public liability coverage and automobile property damage insurance with a limit of not less than One Hundred Thousand Dollars ($100,000.00) covering all automobile equipment, with so-called umbrella coverage of at least One Million Dollars ($1,000, 000. 00) . Grantee' s workman' s compensation, comprehensive general liability and comprehensive automobile liability insurance shall be written by an insurance company authorized to do business in the State of Iowa. 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. 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. SECTION 6. Hold Harmless. During the term of the franchise, the Grantee absolutely assumes and agrees to • pay the City for, and the'Grantee forever indemnifies • the City against, and agrees to hold harmless and save the City harmless from any and all damage, injury, - costs, expenses, liability, claims, settlement, 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, including attorney' s fees, costs, and disbursements, that may ever be claimed against the City by any person whatsoever, or on account 5 • • t • of any actual or alleged loss, damage or injury related to or connected with, (directly or indirectly) (a) any injury to or death of any person, or loss, damage, or injury to any property of the Grantee. (b) any non-observance 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 under the obligations and liabiiities, assumed by the Grantee under the franchise. (c) any non-observance by the Grantee 'of any of the terms and conditions of the franchise. (d) the granting of the franchise. SECTION 7. Assignment. The Grantee shall not assign or transfer any right granted under this ordinance to any other person, company, or corporation without prior consent of the City Council, which consent shall not be unreasonably withheld, provided that `the Grantee shall have the right to assign the provisions of this ordinance 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. SECTION 8. Insolvency of Grantee. In the event that the Grantee shall become insolvent, be declared a bankrupt, or the property of the Grantee' shall come into the possession of any receiver, assignee, or other' officers acting under an order of court,,, and such receiver, assignee, or other such officer shall not be discharged within sixty (60) days after taking possession of such property, the` Ctty may, at its option, terminate the franchise by giving written notice thereof to the Grantee. SECTION 9. Default of Grantee. In the event' that Grantee shall fail to comply with any 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 6 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. SECTION 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 pr_oper.ty of the Grantee was placed thereon, ordinary wear and tear excepted. SECTION 11. Compliance with- Applicable Law. During the term of the franchise the Grantee shall • comply wth all governmental laws, ordinances, rules, or regulations as may now or hereinafter 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 hereinafter be consistent with generally accepted principles applicable to the operation of a cable television system. SECTION 12. Compliance -- National Electrical Safety Code. The construction, operation, and maintenance of this system by the Grantee shall be in full compliance with such portions of the National • Electrical Safety Code as may be applicable. All facilities and equipment of the Grantee shall be constructed and maintained in accordance with the requirements of the National Electrical Safety Code. • SECTION 13. Compliance -- FFC Rules and Regulations. The Grantee shall , at all times, comply with the rules , and regulations of the FCC governing . cable television operations. 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 ordinance within one (1) year of the effective date of such modification, or at • 7 the time or renewal of the franchise, whichever occurs first. The Grantee shall notify the FCC of the granting of ' the franchise as required by the regulations of the FCC. SECTION 14. Construction and Operation Schedule. The Grantee shall accomplish significant construction of at least twenty percent (20%) within one year after receiving FCC certification and other necessary Federal approvals, and shall thereafter reasonably make. cable service available to all residents of the City, ',subject to the line extension provisions Of Section 21, within two (2) years of receiving above Federal ` approval . SECTION 15. Installation and Maintenance of Property of the Grantee. During the term of 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 property or unnecessarily hinder or obstruct pedestrian or vehicular traffic or use of public or private property. The Grantee shall construct its cable system using • material of good and durable quality, and all work • involved in the construction, installation, maintenance, and repair of the cable system shall be performed in a safe, thorough and reliable manner. All municipal property damaged or destroyed shall be promptly repaired or replaced by the Grantee. 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, when needed. z In the event that the City elects to alter or change the grade of any street, alley or other public • 8 • • • way, the Grantee, upon notice by the City shall remove, relay, or relocate its wires, cables, or other fixtures • at the Grantee' s own expense. SECTION 16. 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. SECTION 17. 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 or public licenses and franchises `within the City, and to use such poles,t 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 or other public licenses or franchises have both installed underground cable, ,then in that event, the cable used by the Grantees shall. be installed underground. SECTION 18. 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 distributed in as good a condition as before said work was commenced. SECTION 19 . 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 forty-eight (48) 'hours advance' notice to arrange for such temporary cable changes. , 9 • • • • SECTION 20. 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. SECTION 21. Line Extensions. a. 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 servide impracticable, technically • unfeasible or economically non-compensatory. For purposes of determining compliance with the provisions of this Section, and to provide for a reasonable and non-discriminatory policy governing, extensions of cable service within the City, the Grantee shall extend service to new subscribers at the normal installation charge and monthly rate for customers of that classification where there are an average of thirty (30) homes per each linear mile of new cable construction. . b. In the event that the requirements of subsection (a) are not met, extensions of service shall be required only, on a basis which is reasonable and compensatory. SECTION 22. City Rights. A. City Rules. The right is reserved by the City to adopt, in addition to the provisions contained in this ordinance and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power; provided, that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights granted in this ordinance, and shall not be in conflict =with the applicable laws of the State or the United States, or any FCC regulations. B. Emergency. In case of any emergency, the Grantee shall , upon request of the City, make available its facilities to the City for emergency use during the emergency period. 10 • • C. Liability. The City shall not be liable for r: any damage occurring to the property of the Grantee caused by employees of the City in performance of their duties. The City shall not be liable for the interruption of service by actions of City employees in the performance of their duties, nor shall the City be held liable for the failure of the Grantee to be able to perform normal services due to other factors beyond the control of the City. D. No Property Right. Nothing in this ordinance shall grant to the Grantee any right of property in the City-owned property. E. Construction Approval by City. The City shall • have the right to inspect the construction, operation, and maintenance of the system by the Grantee to insure the proper performance of the terms of the regulatory ordinance. F. Correction of Defects. In the event the Grantee should violate any of the terms of the regulatory ordinance codified in this ordinance, the City shall immediately give to the Grantee sixty (60) days' written notice to correct such violation and in the event the Grantee does not make,, such correction within sixty (60) days from the receipt of such written notice, the City may make such correction itself and charge the cost of same to the Grantee, and the Grantee shall pay such charged within thirty (30) days. SECTION 23. 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. SECTION 24. Service Requirements. During the term of the franchise the Grantee shall furnish reasonable, adequate, and efficient cable television service to subscriber terminals. The foregoing requirements may be temporarily suspended due to circumstances beyond the reasonable control of the Grantee. 11 • SECTION 25. Service Procedures. During the term of this ordinance, a toll-free telephone number shall be provided by the Grantee to receive complaints regrding quality of service equipment malfunctions and similar matters. The office shall be open to receive inquiries or complaints from subscribers during normal business hours, Monday through Friday. A. Any complaints from subscribers shall be investigated and acted upon as soon as possible; but at least within five (5) business days of their receipt. The Grantee 'shall keep a maintenance service log which will indicate the nature of each service complaint, and the date and time it was received. B. The Grantee shall, by appropriate 'means, such as a card or brochure, as subscribers are connected or reconnected to the system, furnish information concerning the procedures for making inquiries and/or complaints, including the name, address, and toll-free number of the Grantee. C. The equipment installed by the Grantee on behalf of the subscriber shall remain the property of the Grantee, and shall be subject to reasonable inspection and service by the Grantee. at reasonable hours, and removal upon non-payment or termination of the service. D. In the event that any subcriber shall fail to meet his obligations according to payment for services and to meet reasonable Grantee rules and. regulations, the Grantee shall have the right to withhold or ,deny services to such subscriber. SECTION 26. Service Rules and ,Regulatons. 411he 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. 12 ` SECTION 27. 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. • SECTION 28. Performance Standards. The Grantee shall produce a picture in black and white or in color that is of hight 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. SECTION 29 . Channel Capacity and .Performance. During the term of the franchise the cable television • systems of the Grantee shall conform to the channel capacity and performance requirements contained in the , , _ regulations of the FCC as updated. SECTION 30. 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 basic service subscriber terminal in such buildings owned or used by the City, and in such buildings owned or used by recognized • education authorities within the City, both ,public and private, as may be designated by the governing body • having jurisdictioN thereof. Such subscriber. terminals shall be placed in suchilocation within such buildings 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. SECTION 31. Telecast of Educational Activities. The. Grantee. shall not cablecase, 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. 3 SECTION 32. Program Alteration. Any signal • 13 received by the Grantee from a television broadcast station shall be cablecast by the Grantee in its • entirety, as received, without alteration. SECTION 33 . Rates and Charges--Designated. A. Except as otherwise provided, the Grantee shall have the right, privilege and authority to charge the , rates and charges fixed in this section to its subscribers for its service. B. At system turnon single-user rates and charges may be as follows: Description:' :. Installation--Not to exceed 25. 00 per standard. Basic Service Charge--Initial Outlet-Not to exceed 11 . 50 monthly. Basic Service Charge—Additional. Outlet (s) Each- Not to exceed 2. 00 monthly. C. Multi-user rates and charges may be negotiated between the Grantee and the subscriber, but in no event shall the multi-user rates and charges for any subscriber exceed the aggregate of rates and charges which would be charged to the multi-user if completed on the basis of the .single-user rates and charges. D. In addition to the specified monthly service rate, the Grantee may add to that rate, taxes or city fees imposed upon the Grantee' s gross subscriber revenues by city, county, state or federal governmental or legislative bodies and fees or charges imposed upon • the Grantee for the use and distribution of copyrighted program material . E. Grantee may, at its own discretion, waive, reduce or suspend connection fees for specific or indeterminate periods and/or monthy servide fees for promotional purposes. F. There will be no installation charge during the time of construction for the first thirty (30) days after the local feeder cable is available for 14 • • connection. G. A current schedule of rates will be kept on file with the City Clerk. H. For purposes of this section, "basic monthly cable television service" is the provision of television broadcast signals and access and origination channels, if any, and does not include advertising services, rental or studios or equipment, provision of program production services, per-channel or per-program charges to subscribers ("pay cable" ) , rental or channels, sale of channel time, provision of commercial services such as security systems, or any other services of the system, the rates and charges for which shall not require approval of the City. I . Grantee shall have the right to change 'the rates for basic monthly cable television service, provided that rate increases shall not occur less than one (1) year apart from one to the next. SECTION 34. Payments to the City. A. During each year of operation under this ordinance, the Grantee shall pay to the City three percent (3%) -of the annual gross subscriber revenues received by the Grantee for regular monthly cable television services rendered to customers located within the City. At the time of this annual payment, the Grantee shall furnish the City with an operating report showing the Grantee' s annual gross subscriber revenues during the preceding year. B. All payments as required by the Grantee to the City shall be made semi-annually and shall be due forty- five (45) days after the close of the six (6) month period. SECTION '35. Protection of Privacy. A. Grantee shall not permit the installation of any special terminal equipment in any subscriber' s premises that will permit transmission from subscriber' s premises of two-way services utilizing aural , visual or digital signals without first obtaining written 15 . I'I • permission of the subscriber. B. It is .unlawful for any person to attach or affix or cause to be attached or affixed any equipment or device which allows access or use of the cable television service without payment to the Grantee for • same. Such action shall be a simple misdemeanor. SECTION 36. Program Content Restrictions. ; In addition to providing basic cable television service consisting of broadcast and automated signals, the Grantee may offer subscribers optional services ,on a per-program or per-channel basis. However, the Grantee shall not display X-rated motion pictures either as part of its basic cable or pay cable services. SECTION 37. Injury to Property of the Grantee. No person` shall wrongfully or unlawfully injury the property of the Grantee. SECTION 38. Intercepting Signals of the Grantee. No person shall wrongfulkly or unlawfully intercept the signals of the Grantee. SECTION 39 . Penalty. Any person violating any of the provisions of Section 37 or 38 of this ordinance shall , upon conviction, be subject to a fine of not to exceed One Hundred Dollars ($100.00) or • imprisonment not exceeding thirty (30) days. SECTION 40. Recordkeeping. The Grantee shall keep • accurate and current records, maps, and plans, and these items shall be made available for inspection by the City. • • SECTION 41. Filing of Reports. One or before - April 1st of each year, the Grantee shall file with the City copies of FCC Form 325 and FCC Form 326 for the preceding calendar year. SECTION 42. Filing of Maps and Plats. Oh; or before April 1st of each year, the Grantee shall file with the City 'mapes 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. 16 • • . 1 SECTION 43. 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. SECTION 44. Discrimination Prohibited. The Grantee shall not grant any undue preference or 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. SECTION 45. Arbitration. Any controversy 'between the City and the Grantee regarding the rights, duties or liabilities of either party under the franchise shall be settled by arbitration. This section shall not apply to termination. proceedings under Section 10. • Such arbitration shall be before three (3) disinterested arbitrators, onek (1) named by the City, one (1) named by the Grantee, and" one (1) named by the two (2) chosen. The decision of the arbitrators shall be conclusive and shall be enforced in accordance with the laws of the State of Iowa. • SECTION 46 . Reservations. The right is reserved to the City 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. SECTION 47. Publication. The City Clerk is hereby authorized and directed to cause publication of this ordinance to be made as provided by the Code of Iowa. • SECTION 48. Repealer. That all ordinances in conflict herewith. are hereby repealed. SECTION 49 . Severability. If any section, provision, or part of this ordinance shall be adjudged • to be unconstitutional, illegal, invalid, it shall not 17 - • affect the validity of this ordinance as ' a whole , or any section , provision , or part thereof not adjudged to be unconstitutional , illegal , invalid, or inapplicable to any person or circumstance . SECTION 50 . Effective Date . This ordinance shall be in full force and effect from and after its fianl passage , approval , and publication as required by law . Passed by the City Council on this 8th day of June , 1988 as approved this 8th day of June , 1988 . ATTEST : CLCIL121-1- s)21 f-CK pdt.c.) -40 - s R . Potter , Mayor Adelia S . Kern , Clerk-Treausrer Councilman Morgan introduced the foregoing ordinance which was then duly read and considered by the council . Its adoption was moved by Spivey and seconded by Councilman Stratton . On roll call vote Councilman Spivey , Stoner , Morgan , Stratton voted "Aye ;],. "Nays . " Eggers , absent . Whereupon the Mayor declared the motion carried . Councilman Stratton then moved that the rule or law requiring three readings of this ordinance on three different dates be dispensed with . Seconded by Morgan . On roll call vote Councilman Spivey , Stoner, Morgan , Stratton voted "Ayes" . "Nays . " Eggers , absent . Whreupon the Mayor declared this motion carried . Councilman Stratton moved and seconded by Morgan for final adoption of Ordinance No . 1988-149. On roll call vote Councilman Spivey , Morgan , Stoner , Stratton voted "Ayes . " "Nays . " Eggers , absent. The Mayor then declared this ordinance duly passed and sopted on this 8th day of June , 1988 . ATTEST: )1111 -3P14-- 4). 4<to...) Glenn R . Potter , Mayor Adelis S . Kern , Clerk-Treasurer -18- • • L'a • The foregoing ordinance entitled AN ORDINANCE REGULATING CABLE TELEVISION SYSTEMS WITHIN IHE UllY Ufr IlhfriN , IUWA , was published on the 22 day of June , 1988 by posting copies thereof in three public places within the limits, two of which are the mayor ' s office and the post office. Adelia S. Kern, Clerk-Treasurer I , Adelia S. Kern, City Clerk of Tiffin, Iowa, do hereby certify that the above is a true and correct copy of Ordinance No. 149 passed by the City Council of Tiffin, Iowa, at a regular meeting held on the 8th day of June , 1988, as the same appears on file in my office. DATED this 8th day of June , 1988. Adelia S. Kern Clerk-Treasurer Ii k 19