The voters of the City of Carroll approved at a special election on February 17, 1998, two propositions: authorizing the establishment of a municipally owned broadband cable communications or television system (including video, voice, telephone, data, and all other forms of communications and cable communications) utility, and placing the management and control of such system in a Board of Trustees consisting of five trustees. Pursuant to said election and Chapters 364 and 388 of the Code of Iowa, there was established the Carroll Communications Utility and Carroll Communications Utility Board of Trustees. Ordinance 9812 and Resolution 9832 established said Utility and said Board, both passed by the Council on March 30, 1998. However, on October 21, 1998, the Supreme Court of Iowa ruled in the case of Iowa Telephone Association v. City of Hawarden, docket No. 145/97-83 that a city’s ordinance containing authority for a telephone utility was invalid. This ruling was reconsidered and amended by ruling filed February 17, 1999, holding that any “cable provider” including a municipality is allowed to provide telephone service as well. Therefore, the City finds it necessary and appropriate to reconstitute the Carroll Communications Utility and Carroll Communications Utility Board of Trustees in their original form as created by the Council in Resolution 9832 and Ordinance 9812. The Board created by Ordinance 9812 and Resolution 9832 and all actions taken by that Board are ratified and reaffirmed to the fullest extend not inconsistent with the two law changes. Ordinances 9828 is repealed.
The Mayor shall appoint the Board members, subject to approval of the Council. The Council shall by resolution provide for staggered six-year terms and shall set the compensation for the Board members. A Board member appointed to fill a vacancy occurring by reason other than the expiration of a term is appointed for the balance of the unexpired term. A public officer or a salaried employee of the City may not serve on the Utility Board.
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