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HomeMy Public PortalAboutOrdinances-2004-268 CITY OF TFFIN ORDINANCE NO. 2004-268 AN ORDINANCE GRANTING TO SOUTH SLOPE COOPERATIVE A NON- CXCLUSIVE 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 South Slope Cooperative, 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 ten(10) years. SECTION 1. The franchise described herein shall grant the franchisee South Slope Cooperative the non-exclusive 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 and in conjunction with the Cable Franchise Agreement executed between the City of Tiffin, Iowa. SECTION 3. The franchisee shall be governed by all ordinances and agreements with the City of Tiffin including any cable television regulating ordinances now or hereafter in effect, and such rules and agreements now or hereafter executed with South Slope Cooperative Telephone Company,°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. X Wig' a a SECTION 4. The franchisee shall not assignor transfer any right granted by this Ordinance to any`other person, company or corporation without prior consent of the City Council, which consent shall notrbe 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 force and effect upon(a) the adoption of this Ordinance by the.City Council, (b)tthe completion an certification of a franchise election to be held for the4ptirpbse 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 ten(10) years from the date of the certification of the franchise election. City of Tiffin Ordinance No. 2004-268 Page 2 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 affect the validity of the Ordinance as a whole or any part there under other than the part to be declared invalid. SECTION 7. All ordinance 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 14th day of July 2004 at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Dils introduced Ordinance No. 2004-268 and moved that it be given its first reading. The motion was seconded by Councilperseon Gericke. Ayes: Gericke, Huedepohl, Petersen and Dils. Nays: None. Absent: Bartels. Motion carried. 3 Four members of the council;being pr'esent=arid'having;voted"Aye", Mayor Glenn Potter declared the motion carried and Ordinance No. 2004-268 was read the first time and discussed and placed on record. i d # Thereupon, it was moved by Councilperson Huedepohl, and seconded by Councilperson Gericke that the laws and rules providing that ordinances be considered and voted on for passage at two council.meeting prior,to the meeting at which,it is to be finally passed be suspended and dispensed with_and that Ordinance;No.2004=268-be read for the second and third time by title Yonly: Ayes`Huedepoh1, Dils`and Gericke,and Petersen. Nays: None. Absent: Bartel's:-Motion carried. ' 4_ Five members of the Tiffin City Council being presenfand having voted "Aye", Councilperson Dils, and seconded by•Huedepbhl then placed the Ordinance No. 2004- 268,AN ORDINANCE GRANTING TO SOUTH SLOPE COOPERATIVE TELEPHONE COMPANY A NON-EXCLUSIVE FRANCHISE FOR CABLE TELEVISION SERVICES IN TIFFIN, IOWA. was placed on its last reading and read for the last time and placed upon final passage for adoption. Ayes: Dils, Huedepohl, Peteresen and Gericke. Nays: None. Absent: Bartels. Motion carried. Four members of the Council being present and having voted "Aye', Mayor Glenn Potter declared the motion carried and the Ordinance No. 2004-268 passed and adopted. Whereupon Mayor Potter declared the Ordinance No.2004-268 adopted and signified his • approval of the same by fixing his signature thereto. Passed by the Council on the 14th day of July, 2004. Tiffin City Ordinance No. 2004-268 Page 3 Mayor, Glenn R. Potter ATTEST: ?AV 4116git far::r- :. ReihmaCi y Clerk I, Clerk of the City of Tiffin, Iowa, state that an Ordinance No. 2004-267 entitled AN ORDINANCE GRANTING TO SOUTH SLOPE,COOPERATIVE.TELEPHONE A NON-EXCLUSIVE FRANCHISE FOR CABL&TELEVISION-SERVICES IN'TIFFIN, IOWA, and known as No. 2004-268 was"duly passed by the Tiffin City Council on the 14th day of July, 2004 and signed'by the'Mayor on the-14 day of Ally, 2004 and published on the 15th day of July by posting copies thereof,in three public places within the limits of the City of Tiffin, Iowa. - ,. That I posted copies of Ordinance No. 2004=268 in the following places: Solon State Bank of Tiffin Morgan's Service £ Suburban Properties—Amoco—On the Go Mar:. e j. Reihnian,Cit Clerk II