112.01 Definitions | 112.21 Performance Standards |
112.02 Use of Property | 112.22 Channel Capacity and Performance |
112.03 Taxes | 112.23 Installation and Maintenance of Subscriber Terminals in City Buildings and Schools |
112.04 Insurance | 112.24 Telecast of Educational Activities |
112.05 Repairs | 112.25 Program Alteration |
112.06 Hold Harmless | 112.26 Subscriber Rates and Charges |
112.07 Assignment | 112.27 Service Rules and Regulations |
112.08 Insolvency of Grantee | 112.28 Service Agreements |
112.09 Default of Grantee | 112.29 Payments to City |
112.10 Termination | 112.30 Injury to Property of Grantee |
112.11 Compliance with Applicable Laws | 112.31 Intercepting Signals of Grantee |
112.12 Installation and Maintenance of Property of Grantee | 112.32 Filing of Reports |
112.13 Interference | 112.33 Filing of Maps and Plats |
112.14 Installation of Cables | 112.34 Filing of Communications with Regulatory Agencies |
112.15 Restoration of Ground Surface | 112.35 Access |
112.16 Alteration of Grade | 112.36 Discrimination Prohibited |
112.17 Temporary Removal of Cables | 112.37 Other Business Activities Prohibited |
112.18 Tree Trimming | 112.38 Arbitration |
112.19 Line Extensions | 112.39 Reservations |
112.20 Service Requirements | |
The following words and phrases, when used herein, shall, for the purposes of this chapter, have the meanings ascribed to them in this section:
1. “Cable television system” means any facility that, in whole or in part, receives directly, or indirectly over the air, and amplifies or otherwise modifies the signals transmitting programs broadcast 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.
2. “Channel” means the segment of the electromagnetic spectrum to which a source of television transmission is assigned.
3. “FCC” means the Federal Communications Commission.
4. “Franchise” means the rights, privileges, and authority granted by the City to the Grantee hereunder and includes all of the terms and conditions of this chapter.
5. “Grantee” means Heritage Communications, Inc., d/b/a Heritage Cablevision, Inc., a corporation organized and existing under the laws of the State of Iowa, its successors and assigns. When the context so requires, the term “Grantee” means and includes the Grantee, its officers, agents, employees, servants and independent contractors.
6. “Private property” means all property, real, personal or mixed, owned by a private person, including property owned by a public utility not owned or operated by the City.
7. “Property of the Grantee” means all property, real, personal or mixed, owned or used by the Grantee however arising from or related to or connected with the franchise.
8. “Public property” means all property, real or personal or mixed, owned or used by the City, including property owned or used by a public utility owned or operated by the City.
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 hereafter be consistent with generally accepted principles applicable to the operation of a cable television system subject, however, to the following restrictions:
1. Laws and Regulations. The Grantee shall comply with all governmental laws, ordinances, rules or regulations as may now or hereafter be applicable thereto.
2. Restrictions. The Grantee shall not use or occupy or permit public property or private 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:
A. Impair the owner’s interest in or title thereto;
B. Impair any mortgage or lease as may now or hereinafter be applicable thereto;
C. Adversely affect the then value or character thereof;
D. Cause or be likely to cause structural damage thereto, or any part thereof;
E. Cause or be likely to cause any damage or injury to any utility service available thereto;
F. Create a public or private nuisance, cause any offensive or obnoxious vibrations, noise, odor or undesirable effect or interfere with the safety, comfort or convenience of the owner thereof, and persons lawfully on or about the same;
G. Violate the rules, regulations and requirements of any person furnishing utilities or services thereto; or
H. Make void or voidable any insurance then in force affecting the same or cause an increase in the rates applicable thereto.
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 taxed, charged, assessed, levied, or imposed upon the property of the Grantee and upon any services rendered by the Grantee.
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