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HomeMy Public PortalAboutOrdinances-1988-150 ORDINANCE NO . 1988- 150 AN ORDINANCE GRANTING TO RUGGER CABLEVISION A NON-EXCLUSIVE FRANCHISE FOR CABLE TELEVISION SERVICES IN TIFFIN, IOWA. BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF • TIFFIN, IOWA: SECTION 1. A non-exclusive franchise is hereby granted to Rugger Cablevision, to establish, construct, operate maintain, repair, replace, renew, reconstruct, and remove a cable television system within the city limits of Tiffin, Iowa, for a period of fifteen (15) years. SECTION 2. The franchise described herein shall grant the franchisee Rugger Cablevision the non-exclu- sive right, privilege, and authority: A. To sell and supply audio and visual communication service to persons within the city; B. To use public property within the city; C. To engage in further activities within the city as may now or hereafter be consistent with the general accepted principles applicable to the operation of a • cable television system. SECTION 3. The franchisee shall be governed by all • ordinances of the City including any cable television regulating ordinances now or hereafter in effect, and such rules, regulations and laws as are applicable and are established by the United States of America, the Federal Communications Commission, and the State of Iowa. SECTION 4. The franchisee shall not assign or transfer any right granted .by 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 company -shall have the right to assign the provisions of this • Ordinance to a corporation to be formed and controlled , . by it without prior consent of the City Council . SECTION 5. This franchise shall come into full 1 • • • Co e) and effect upon (a) the adoption of this Ordinance by the City Council , (b) the completion')and certification of a franchise election to be held for the purpose of ratifying or vetoing this Ordinance, (c) the franchisee' s acceptance in writing has been filed with • the Council , and (d) payment of cost of the election and notice to the City Clerk. The franchise shall extend for a period of fifteen (15) years' from the, date of the certification of the' franchise election. • SECTION 6. Should any section, clause, or provision of this Ordinance .be declared invalid by a court of record such ruling by the court shall not 1j'ffect the validity of the Ordinance as, a whole'' or any part thereunder other than the part to declared invalid. SECTION 7. All ordinances or parts thereof in conflict with the terms of this Ordinance are hereby • repealed; provided, however, that such repeal shall only be, to the extent of such conflict. SECTION 8. This Ordinance shall be in full force and effect from and after its final passage, approval, and publication as provided by law. On the 9th day of June , 1988 at a regular meeting of the Tiffin City Council , Tiffin, Iowa, Councilperson Stratton introduced Ordinance No. 150 , and moved that it be given its • first reading. The motion was' seconded by Councilperson Spivey . Ayes: ' Spivey , Stoner , Morgan , Stratton Nayes: none . Absent : Eggers • Four members of the council being present and having voted "Aye" , Mayor Glenn Potter declared ;Motion carried, and Ordinance No. 150 was read the first time and discussed and placed on record. Thereupon, it was moved by Councilperson Stratton and seconded by Councilperson Morgan that the laws and rules providing that ordinances be considered and voted on for passage at two council • it • meetings prior to the meeting at which it is to be finally passed be suspended and dispensed with and that Ordinance No. 150 be placed on its last reading. Ayes: Spivey , Stoner , Morgan , Stratton Nays: none Absent : Eggers Four • members of the council being present and having voted "Aye" , Mayor, Glenn Potter thereupon declared the motion to be carried, and Ordinance- No. 150 was then placed upon its last reading and was read the last time. Thereupon, it was moved by Councilperson Morgan • and seconded by Councilperson Stoner that Ordinance No. 150 be placed upon its final passage and adopted. Ayes: Spivey , Stoner , Morgan , Stratton Nays: none Absent : Eggers Four members of the Council being present and having voted "Aye" , Mayor Glenn Potter declared_ the motion carried, and the Ordinance passed and adopted.' Whereupon the Mayor declared that Ordinance No. 150 be adopted and signified his approval of the same by fixing his_ signature thereto. Passed by the Council on the 8th day of June , 1988 and approved by the Mayor ,on the 8th day of June• 1988. ,� MAYOR, G en Potter ATTEST: 4 . 'k ! CIT CLERK, Adelia Kern I , Clerk of the City of Tiffin, Iowa, state that an Ordinance entitled AN ORDINANCE GRANTING TO RUGGER • • CABLEVISION A NON-EXCLUSIVE FRANCHISE FOR CABLE TELEVISION SERVICES IN TIFFIN, IOWA, and known as CableFrarichise , - was duly passed by the Council on the 8th day of June , 1988 and signed by the, Mayor on the Sth day of June , 1988 and published on the 13th day of June , 1988 by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted. copies of Ordinance No. 150 in the , following places: • Post Office Mayor 's Office Morgan ' s Station Flansburg ' s Hardware nmod, 16 Adelia Kern, CITY CLERK •