Chapter 113—Cable Television Franchise

113.01 Grant of Franchise
113.02 Police Powers
113.03 Ownership of Franchise
113.04 Indemnification

113.01 GRANT OF FRANCHISE.

A nonexclusive right is hereby granted to COMPLETE COMMUNICATION SERVICES, its successors and assigns, (hereafter called CCS) to establish, construct, operate, maintain, repair, replace, renew, reconstruct, and remove a cable television system across public property in the City limits for a term of fifteen (15) years†, in accordance with the laws and regulations of the United States of America and the State of Iowa, and the ordinances and regulations of the City, including the nonexclusive right, privilege and authority:

  1. To sell and supply audio and video communication service to persons within the City;
  2. To use public property within the City;
  3. To engage in such further activities within the City as may now or hereafter be consistent with the generally accepted principles applicable to the operation of a cable television system.
113.02 POLICE POWERS.

The rights herein granted are subject to the exercise of the police power as the same now is or ay hereafter be possessed by or conferred upon the City, particularly a cable television regulatory ordinance, and others, without limitation, and CCS agrees to such regulation. The rights herein granted are also subject to CCS providing the City with a character generator and all other necessary equipment to allow the city to use a character generator in or upon the franchise herein granted when CCS achieves a 55% subscription rate of eligible subscribers within the City. In the event said character generating equipment is not provided as herein provided for, the franchise shall terminate within ninety (90) days of attainment of said 55% subscription rate.

113.03 OWNERSHIP OF FRANCHISE.

CCS shall not assign or transfer any right granted under this chapter to any other person, company or corporation without prior consent of the Council, which consent shall not be unreasonably withheld, provided that the company shall have the right to assign this franchise to a corporation wholly owned by the company or to a limited partnership of which the company or other wholly owned subsidiary of CCS, is a general partner without prior consent of the City.

113.04 INDEMNIFICATION.

During the tem of the franchise, CCS absolutely assumes and agrees to pay the City for, and CCS forever indemnifies the City against and agrees to hold and save the City harmless from any and all damage, injury, costs, expenses, liability, claims, settlements, judgments, decrees and awards of every kind and nature whatsoever, including attorneys’ fees, costs and disbursements, that may ever be claimed against the City by any person whatsoever, or on account of any actual or alleged loss, damage or injury to any property whatsoever, however arising from or related to or connected with, directly or indirectly, (a) injury to or death of any person, or loss, damage or injury to any property of CCS, and/or (b) the non-observance by CCS 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 the obligations and liabilities, assumed by CCS under the franchise, and/or (c) the non-observance by CCS of any of the terms and conditions of the franchise, and/or (d) the granting of the franchise.