CHAPTER 110

 

NATURAL GAS FRANCHISE 

                110.01  Franchise Granted                                                     110.04  Indemnification

                110.02  Interference With Underground Facilities                   110.05  Service Provided

                110.03  Excavations                                                                110.06  Municipal Powers Not Limited

                110.07  Franchise Term

110.01  FRANCHISE GRANTED.  The IES UTILITIES, INC., hereinafter called the “Company,” its successors and assigns, are hereby granted and vested with the right, franchise and privilege for the term of twenty-five (25) years from and after the passage, adopting, approval and acceptance of the ordinance codified by this chapter, to lay down, maintain and operate the necessary pipes, mains and other conductors and appliances in, along and under the streets, avenues, alleys and public places in the City as now or hereafter constituted for the purpose of distributing, supplying and selling gas to the City and the residents thereof and to persons and corporations beyond the limits thereof.  The term “gas” as used in this chapter shall be construed to mean natural gas only.

110.02  INTERFERENCE WITH UNDERGROUND FACILITIES.  The mains and pipes of the Company must be so placed so as not to interfere unnecessarily with water pipes, drains, sewers and fire plugs which have been or may hereafter be placed in any street, alley, avenue or boulevard.

110.03  EXCAVATIONS.  In making any excavations in any street, alley, avenue or boulevard, the Company, its successors and assigns, shall protect the site while work is in progress by guards, barriers or signals, shall not unnecessarily obstruct the use of the streets, shall backfill all openings in such manner as to prevent settling or depressions in the surface, and shall replace the surface, pavement or sidewalk of such excavations with same materials, restoring the condition as nearly as practical and if defects are caused shall repair the same.

110.04  INDEMNIFICATION.  The Company, its successors and assigns, shall hold the City free and harmless from any and all damage arising on account of any negligence of the Company, its successors and assigns, in the erection, operation, and maintenance of said system.

110.05  SERVICE PROVIDED.  The company, its successors and assigns shall, throughout the life of operations hereunder, distribute to all consumers gas of good quality and shall furnish uninterrupted service twenty-four (24) hours each day of each year while the franchise is in effect, except as interruptive service may be specifically contracted for with consumers; provided, however, that any prevention of service caused by fire, act of God or unavoidable event or accident shall not be a breach of this condition if the Company resumes service as quickly as is reasonably possible after the happening of the act causing the interruption.

110.06  MUNICIPAL POWERS NOT LIMITED.  Nothing herein contained shall in any manner be construed as depriving or limiting the City of the Council from exercising and carrying out any and all other powers and duties as provided by law.

110.07  FRANCHISE TERM.  The term of the franchise granted by this chapter and the rights granted thereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the Company.

 EDITOR’S NOTE

Ordinance No. 104 adopting a gas franchise for the City was passed and adopted on August 7, 1985.  Voters approved the franchise at an election held on September 24, 1985.  The Grantee accepted the franchise on September 25, 1985.


CHAPTER 111

ELECTRIC FRANCHISE

                 111.01  Franchise Granted                                                     111.05  System Requirements

                111.02  Construction; Maintenance; Indemnification                111.06  Nonexclusive             

                111.03  Meters and Service Lines                                           111.07  Service Provided

                111.04  Emergencies                                                                111.08  Term of Franchise

111.01  FRANCHISE GRANTED.  There is hereby granted to IES UTILITIES, INC.,  hereinafter called the “Company,” its successors and assigns, the right and franchise  to acquire, construct, erect, maintain and operate in the City, works and plants for the manufacture and generation of electricity and a distribution system for electric light, heat and power and the right to erect and maintain the necessary poles, lines, wires, conduits and other appliances for the transmission of electric current along, under and upon the streets, avenues, alleys and public places in the City; also the right to erect and maintain upon the streets, avenues, alleys and public places, transmission lines through the City, to supply individuals, corporations, communities and municipalities both inside and outside of the City with electric light, heat and power for the period of twenty-five (25) years; also the right to eminent domain as provided in the Code of Iowa.  The Company must establish the necessity for each taking of private property by condemnation and when so established the Council may approve the condemnation of the private property by resolution. 

111.02  CONSTRUCTION; MAINTENANCE; INDEMNIFICATION.  The poles, wires and appliances shall be placed and maintained so as not to unnecessarily interfere with the travel on said streets, alleys and public places in the City or unnecessarily interfere with the property use of the same, including ordinary drainage or with the sewers, underground pipe and other property of the Cit.  The Company shall hold harmless and indemnify the City from any and all claims of liability, claims for contribution or indemnification, suits, losses, damages, cost or expenses, whether caused or contributed to by the negligence of the Company, on account of injury to or death of persons, or injury to property, caused or occasioned, allegedly caused or occasioned, in whole or in part b reason of or arising out of the construction, excavation, operation or maintenance of the electric utilities, after the City’s electric utility system has been transferred to the Company.  The Company shall, at its own expense, in the name of or on behalf of the City, defend any action at law or in equity, brought against the City on account thereof.  The duty of the Company to defend, hold harmless and indemnify the City shall extend to officers, employees and agents of the City to the extent the City is obligated to defend, hold harmless or indemnify by law. 

111.03  METERS AND SERVICE LINES.  The Company, its successors and assigns shall furnish and install all meters and service wires to buildings at its own expense.  The Company shall at all times during the term of the franchise be subject to all lawful exercise with police power of the City and to such other reasonable regulations as the City may hereinafter by administrative directive, resolution or ordinance provide.  This franchise shall not restrict in any manner the right of the City in the exercise of any power which it now has or which may hereafter be authorized or permitted by the laws of the State of Iowa. 

111.04  EMERGENCIES. In the case of fire or other emergencies, the poles, wires and street fixtures of the Company may be cut and moved by order of the Mayor or Fire Chief.  The City shall also have the right to place on the poles of the Company, wires for fire alarm system, providing however, the placing of said wires does not interfere with the proper use and maintenance of the Company’s wires.

111.05  SYSTEM REQUIREMENTS.  The system authorized by this chapter shall be modern and up-to-date and shall be of sufficient capacity to supply all reasonable demands of the City and the inhabitants thereof and shall be kept in a modern and up-to-date condition.

111.06  NONEXCLUSIVE.    The franchise granted by this chapter shall not be exclusive. 

111.07   SERVICE PROVIDED.  Service to be rendered by the Company under this chapter shall be continuous twenty-four (24) hour service each day of the week unless prevented from so doing by fire, acts of God, unavoidable accidents or casualties, and in such event, service shall be resumed as quickly as is reasonably possible.


111.08  FRANCHISE TERM.  The term of the franchise granted by this chapter and the rights granted thereunder shall continue for the period of twenty-five (25) years from and after its acceptance by the Company.


CHAPTER 112

CABLE TELEVISION FRANCHISE

                112.01  Franchise Granted                                                     112.04 Effective Date

                112.02  Police Power of the City                                            112.05  Programming           

                112.03  Grantee to Furnish Maps and Plats                          112.07  Public Access Channel


112.01  FRANCHISE GRANTED.   Capital Cable, L.P. (the “Company”), its successors and assigns are hereby granted the right to use and occupy the streets, alleys and other public places of the City, for a term of twenty (20) years from the effective date of the ordinance codified herein, for the purpose of constructing, maintaining and operating a cable television system within the City.

112.02  POLICE POSER OF THE CITY.  The rights herein granted are subject to the exercise of the police poser as the same now is or may hereafter be possessed by or conferred upon the City, particularly a cable television regulator ordinance, and all other pertinent ordinances without limitation and the franchisee agrees to such regulation. 

112.03  GRANTEE TO FURNISH MAPS AND PLATS.  The Company shall furnish to the City, without charge, reproducible maps and plats showing the location of all poles used by it within City’s corporate limits, joint poles, underground cables, ducts and other cable television facilities.  The Company shall submit a new, up-to-date map each year on or near the anniversary date of the franchise and may, at its option, submit amendments at more frequent intervals to the end that its facilities can be more fully protected from injury due to public improvements and the City more readily enforce its controls over the use of its streets, alleys and other public places.  The City agrees to require its officers, engineers, contractors, supervisors and employees to exercise diligence in avoiding damage to such cable facilities and to consult with the Company’s representatives where reasonable doubts exist as to location and chance of damages to the Company’s facilities.  The Company agrees that its officers, supervisors, employees and agents will take similar precautions with City facilities.

112.04  EFFECTIVE DATE. This chapter shall be in full force and effect and shall constitute a binding contract when the same shall have been approved by a majority of the electors of the City voting thereon, and when the provisions hereof shall have been accepted in writing and such acceptance filed with the Clerk.

112.05  PROGRAMMING.  In addition to the off-the-air channels, the Company shall provide a minimum of six (6) channels from the satellite including two (2) independent stations, a sports channel, and a movie channel on an optional, pay basis.  Rates and charges for all optional services shall be set by the Company.

112.06  PUBLIC ACCESS CHANNEL.    The company shall provide a public access channel on a channel-sharing basis.

EDITOR’S NOTE

Ordinance No. 95 adopting a cable television franchise for the City was passed and adopted on August 18, 1982.  Voters approved the franchise at an election held on September 28, 2982.  Ordinance No. 112, approving the transfer of the franchise from Eagle Cable Corp. to Capital Cable, L. P., was adopted November 2, 1988.  Ordinance No. 00-159, adopted December 13, 2000, approved the transfer of the franchise from Falcon/Capital Cable Partners, L. P. to Galaxy American Communications L. L. Cl. And extended the franchise to August 18, 2007.

CHAPTER 113

 

CABLE TELEVISION REGULATIONS

 

113.01  Definitions                                                                  113.16  Restoration of Streets

113.02  Installation and Maintenance of Subscriber               113.17  Alteration of Grade

                Terminals                                                                 113.18  location Standard

113.03  Telecast of Educational Activities                               113.19  Moving Buildings

113.04  Channel Capacity and Programming                       113.20  Trimming Trees

113.05  Business Office; Complaints                                      113.21  Protection of Work

113.06  Service Rules                                                              113.22  Removal of Property on Termination

113.07  Rates                                                                          113.23  Revocation of Franchise

113.08  Quality of Signal                                                       113.24  Liability Protection

113.09  Equipment Standards                                                113.25  Insurance

113.10  Monitoring Test; Interference                                   113.26  Preferential Rates Prohibited

113.11  Installation of Cables                                                 113.27  Assigning Franchise

113.12  City Preemption Rights                                              113.28  Compliance With laws; Future Conformance

113.13  City Codes and Ordinances                                       113.29  Discontinuing Customer’s Service

113.14  Liability of City Employees                                       113.30  Injury to Property of Grantee

113.15  Noninterference                                                         113.31  Intercepting Signals of Grantee

 113.01    DEFINITIONS.  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 service.

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 the person granted a franchise by any election.  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 or used 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.

113.02    INSTALLATION AND MAINTENANCE OF SUBSCRIBER TERMINALS.   During the term of the franchise, the Grantee shall at its sole cost install and maintain a subscriber terminal in such buildings owned or used by the City and in such buildings owned or used by recognized educational authorities within the City, both public and private, as may be designated by the governing body having jurisdiction thereof.  Such subscriber terminals shall be placed in such location within such buildings as may be designated by the governing body having jurisdiction thereof.  This provision applies only to those buildings accessible to Grantee’s system.

113.03    TELECAST OF EDUCATIONAL ACTIVITIES.  The Grantee shall not cablecast, tape, reproduce or otherwise convey to its subscribers the activities of any recognized educational authority, public or private, without the written consent of the governing body of such authority.

113.04    CHANNEL CAPACITY AND PROGRAMMING.  The Grantee shall provide as a part of its cable television service the signals of all television broadcast signals generally available off-the-air to residents in the City and a number of additional television signals consistent with the rules and regulations of the Federal Communications Commission and all other applicable laws, rules or regulations.  Grantee may provide such automated video services and such audio services as it wishes and as are consistent with the terms of this chapter.

113.05    BUSINESS OFFICE; COMPLAINTS.  The Grantee shall maintain an office or a designated agent within the City for the purpose of receiving or investigating and responding to service complaints from subscribers.  The Grantee shall make every reasonable effort to resolve any and all complaints to the satisfaction of the subscriber.  Upon receipt by it of any service complaint, the City will forward a copy to the Grantee or may take the question up by correspondence with the Grantee.  Within such time as may be prescribed by the City, the Grantee will be called upon to satisfy the complaint or advise the City of its refusal or inability to do so.  If the Grantee satisfies the complaint, it shall so notify the City, giving particulars of the action taken.  The City will forward a copy of the Grantee’s notice of satisfaction to the complainant.  If the Grantee refuses or is unable to satisfy the complaint, it shall so notify the City, and the City will forward a copy of such notice to the complainant, with a statement of the procedure to be followed to further prosecute the complaint.  When a complaint has not bee satisfied, the complainant may file a formal complaint with the Council in the form and manner to be specified thereby.  The complaint to the Council must be filed within thirty (30) days from the date of the Grantee’s notice of refusal or inability to satisfy the complaint.  Upon receipt of a formal complaint, the Council, or its designated agent, shall ascertain the facts and shall have the power to enforce its decision, if against the Grantee, by all actions hereunder, including the revocation of the franchise.

113.06    SERVICE RULES.  The Grantee shall have the right to prescribe service rules and regulations for the conduct of its business with its subscribers and service users, not inconsistent with the provisions of its franchise or with the rules and regulations of the FCC, and other applicable laws, rules and regulations.   The Grantee shall submit to the City the form of its service agreement between Grantee and its subscribers and channel users, shall furnish the City a full schedule of its charges to be paid by subscribers before soliciting for subscribers within the City, and shall furnish the city any amendments or alterations in the service agreement or schedule of charges.

113.07    RATES.  All rates for service shall be reasonable, compensatory and nondiscriminatory.  Except as otherwise provided in the franchise, the Grantee shall have the right, privilege and authority to change the rates and charges.

113.08    QUALITY OF SIGNAL.  The Grantee shall, during the term of the franchise, furnish reasonable, adequate and efficient cable television reception service to the residents of the City wherever possible, and the Grantee shall maintain its system in reasonable repair and working order and provide adequate facilities for such maintenance.  These requirements shall be temporarily suspended in the event of natural disaster or emergency conditions or other circumstances beyond the reasonable control of the Grantee.

113.09    EQUIPMENT STANDARDS.  The Grantee’s plant and equipment, including the antenna site, headend, distribution system, towers, structures, poles, wires, underground cable and appurtenances shall be installed in accordance with good engineering practices, and shall be located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated so as not to endanger or interfere with the lives of persons or to interfere with the improvements the City may deem property to make or to unnecessarily hinder or obstruct pedestrian or vehicular traffic to public ways, places and structures.  Erection, installation, construction, replacement, removal, repair, maintenance, and operation of the system shall be in accordance with the provisions of the National Electrical Code of the National Fire Protection Association and National Electric Safety code (outside work) and such applicable laws of the State and applicable ordinances of the City which may now be in effect or enacted in the future.  All installations shall be of permanent nature, durable and maintained in a safe, suitable and substantial condition, in good order and repair.

113.10    MONITORING TEST; INTERFERENCE.  The Grantee’s cable television system shall meet technical standards of the rules and regulations of the Federal Communications Commission, and the Grantee shall perform the periodic tests and make the measurements specified in such rules.  The system shall be so designed, engineered, and maintained by the Grantee so as not to interfere with the television and radio reception of residents of the City who are not subscribers to its services.

113.11    INSTALLATION OF CABLES.  The City hereby grants the right, privilege and authority to the Grantee to lease, rent or in any other manner obtain the use of poles with overhead lines, conduits, trenches, ducts, lines, cables, and other equipment and facilities from any and all holders of public licenses and franchises within the corporate limits of the City, and to use such poles, conduits, trenches, ducts, lines, and cables in the course of its business.  The Grantee shall install its cables on existing poles owned by the other holders of public licenses and franchises within the corporate limits of the City whenever possible for the installation of its cable.  When installation of cable on poles is not possible, or when holders of another public license or franchise have installed underground cable, then in that event, the Grantee shall be allowed to set its own poles or, at its option, place its cable underground.

113.12    CITY PREEMPTION RIGHTS.  The City shall retain and hereby does retain the right to utilize the existing poles for future City use, and to require removal of the cable by Grantee when existing poles are not sufficient to adequately handle the proposed City use and Grantee’s cable.

113.13    CITY CODES AND ORDINANCES.  The Grantee shall be required to conform to all present City codes, including but not limited to plumbing and electrical codes and any ordinances providing for the manner and method of cutting streets, excavations in the right-of-way and backfills.  The Grantee shall restore all property of the City and of the inhabitants thereof to its original condition after the installation of either overhead or underground cable.

113.14    LIABILITY OF CITY EMPLOYEES.  The Grantee shall hold the City harmless from any damage which Grantee’s cable, equipment or other integral parts of its system may cause as a result of any action by any City employee when carrying out said employee’s duties.

113.15    NONINTERFERENCE.  All transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of streets alleys and other public ways and places and to cause minimum interference with the rights and to not unreasonably inconvenience the property owners who adjoin any of the said streets, alleys or other public ways and places.

113.16    RESTORATION OF STREETS.  In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee shall at its own cost and expense and in a manner approved by the Superintendent of Public Works, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good a condition as before said work was commenced.

113.17    ALTERATION OF GRADE.  If at any time during the period of a franchise, the City shall elect to alter or change the grade of any street, alley or public way, the Grantee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

113.18    LOCATION STANDARD.  The Grantee shall not place poles or other fixtures when the same will interfere with any gas, electric, or telephone fixtures, water hydrant, or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in the alleys shall be placed close to the line to the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said street, alleys and public ways.

113.19    MOVING BUILDINGS.  The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings.  The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and Grantee shall have the authority to require such payment in advance.  The Grantee shall be given not less than five (5) days’ advance notice to arrange for such temporary wire changes.

113.20    TRIMMING TREES.  The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee.  All trimming shall be done under the supervision and direction of the City and at the expense of the Grantee.

113.21    PROTECTION OF WORK.  Any opening or obstruction in the streets or other public ways made by the Grantee in the course of the construction, operation or removal of cable installation shall be guarded and protected at all times by the placement of adequate barriers, fences or boarding, the bounds of which during periods of duck and darkness shall be clearly designated by warning lights.  Grantee shall, whenever it is deemed necessary by the Superintendent of Public Works, install such steel plates as may be necessary to allow apublic roadway to remain open while Grantee is in the course of the construction, operation or removal of the cable television system.

113.22    REMOVAL OF PROPERTY ON TERMINATION.  Upon termination of the franchise, the Grantee shall remove its poles, cable television transmission and distribution system and other appurtenances from the streets and sidewalks of the City, when ordered to do so by the City, and shall restore such streets and sidewalks to their original condition.

113.23    REVOCATION OF FRANCHISE.  If the Grantee shall fail to comply with any of the provisions of its franchise, or default in any of its obligations hereunder, except for causes beyond the reasonable control of the Grantee, and shall fail within thirty (30) days after written notice from the City to commence and, within a reasonable time, complete the correction of such default and noncompliance, the Council shall have the right to revoke its franchise and all rights of the Grantee hereunder.  In the event the Grantee shall be adjudicated bankrupt or placed in receivership, the City may declare the franchise forfeited and terminated.

113.24    LIABILITY PROTECTIONS.  The Grantee shall at all times defend, indemnify, protect and save harmless the City and other political subdivisions in the area from and against any and all liability, losses and physical damage to property and bodily injury or death to the City or to persons, including payments made under worker’s compensation laws, which may arise out of or be caused by the erection, construction, replacement, removal, maintenance and operation of the Grantee’s cable television system, and resulting fromor by any negligence, fault or misconduct on the part of the Grantee, its agents, officers, servants and employees.

113.25    INSURANCE.  The Grantee shall, at all times during the term of the franchise, carry and require their contractors to carry:

1.      Insurance in such forms and in such companies as shall be approved by the City to protect the City and Grantee from and against any and all claims, injury or damage to persons or property, both real and personal, caused by the construction, erection, operation and maintenance of any structure, equipment or appliance.  The amount of such insurance shall be not less than $100,000 as to any one person, $300,000 as to any one occurrence for injury or death to persons, and $100,000 for damages to property, with so-called umbrella coverage of at least $1,000,000.

2.      Worker’s Compensation Insurance as provided by the laws of the State of Iowa.

3.      Automobile Insurance with limits of not less than $100,000/$300,000 of public liability coverage and automobile property damage insurance with a limit of not less than $100,000 covering all automotive equipment, with so-called umbrella coverage of at least $1,000,000.

All of said insurance coverage shall proved a ten-day notice to the City in the event of material alteration or cancellation of any coverage afforded in said policies prior to the date said material alteration or cancellation shall become effective.  Copies of all insurance policies required hereunder shall be furnished to and filed with the City prior to the commencement of operations or the expiration of prior policies, as the case may be.  The Grantee shall pay all reasonable expenses incurred by the City in defending itself with regard to all damages, penalties or other claims resulting from the acts of the grantee, its assigns, employees, agents, invitees or other persons.  Said expenses shall include all out-of-pocket expenses such as attorney’s fees and shall include the value of any service rendered by the City Attorney or any other officers or employees of the City.

113.26    PREFERENTIAL RATES PROHIBITED.  The Grantee shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person or subject any person to any prejudice or disadvantage; provided, however, this section shall not be deemed to prohibit the establishment of a graduated scale of charges and classified rate schedules to which any customer coming within such classifications shall be entitled.

113.27    ASSIGNING FRANCHISE.  A Grantee shall not assign or transfer any right granted under its franchise to any other person without prior consent of the Council, which consent shall not be unreasonably withheld, provided that the Grantee shall have the right to assign its franchise to a corporation wholly owned by the Grantee, or to a limited partnership of which the Grantee is a general partner, without prior consent of the City.

113.28    COMPLIANCE WITH LAWS; FUTURE CONFORMANCE.  The Grantee shall at all times comply with all rules and regulations of the FCC or any duly authorized agency of the United States of America, and all laws duly enacted now or hereafter by the United States Congress or the Iowa General Assembly.  This chapter shall be conformed, within one year of the date of adoption, to any and all rules and regulations relating to the permissible term of cable television franchise which may hereafter be adopted by the FCC.

113.29    DISCONTINUING CUSTOMER’S SERVICE.  The Grantee may terminate service to any user not paying the established rates when payment shall be delinquent for ten days after billing.  In additions, the Grantee may charge an installation charge to commence service terminated for nonpayment.

113.30    INJURY TO PROPERTY OF THE GRANTEE.  No person shall wrongfully or unlawfully injure the property of the Grantee.

113.31    INTERCEPTING SIGNALS OF THE GRANTEE.  No person shall wrongfully or unlawfully intercept the signals of the Grantee.



CHAPTER 115

 
CEMETERY

115.01  Definition                                                                   115.04A  Expenditures

115.01A  Cemetery Trustees                                                  115.05  Rules Governing General Operation

115.01B  Organization of the Board                                         115.06  Rules Governing Burials

115.01C  Powers and Duties of the Board                               115.07  Rules Governing Markers and Decorations

115.02  Records                                                                        115.08  Cemetery Charges

115.03  Sale of Lots                                                                   115.09  Trespassing or Vandalism in Cemetery

115.04 Perpetual Care

115.01    DEFINITION.  The term “cemetery” means the Southlawn Cemetery, which is a municipal cemetery under the provisions of Sections 566.14 to 566.18 of the Code of Iowa.

115.01A  CEMETERY TRUSTEES.  The Board of Trustees of the Cemetery shall be known as the Southlawn Cemetery Board of Trustees, hereinafter referred to as the Board, and shall consist of three (3) Trustees.  The Trustees are to be appointed by the Mayor with the approval of the Council and shall be bona fide citizens and residents of the City over the age of eighteen (18) years.

115.01B  ORGANIZATION OF THE BOARD.  The organization of the Board is as follows:

1.      Term of Office.  All appointments to the Board are for three (3) years, except to fill vacancies and except for the initial Board members, one of whom shall serve one (1) year, one of whom shall serve two (2) years, and one of whom shall serve three (3) years.  Each term shall commence at the annul meeting of the Board held in November except for the initial Board members whose terms shall commence immediately following their appointment and approval.  Appointment of one (1) Board member shall be made each year in order to stagger the terms of the Board members.

2.      Vacancies.  The position of any Trustee shall be deemed vacated if such Trustee moves permanently from the City or if any Trustee is absent from six (6) consecutive regular meetings of the Board, except in case of sickness or temporary absence from the City.  Vacancies on the Board shall be filled in the same manner as an original appointment except that the new Trustee shall fill out the unexpired term for which the appointment is made.

3.      Compensation.  Trustees shall receive no compensation for their services but reimbursements to Trustees for out of pocket expenses such as travel expense may be provided for in the budget and approved by the Board and the City.

115.01C  POWERS AND DUTIES OF THE BOARD.  The Board has and exercises the following powers and duties:

1.      Meetings.  The Board shall have nine (9) regular meetings each year during the months of February, March, April, May, June, July, August, September, and November.  The day and time of such monthly meetings shall be set by the Board at the Board’s annual meeting to be held in November of each year.  At the Board’s annual meeting in November of each year, the Board shall also elect officers as provided herein and approve and adopt an Annual Report of the Board, and approve and adopt a proposed budget for the next fiscal year for submission to the City Council.

2.      Officers.  At the annual meeting in November of each year, the Board shall elect from its members a Chairman and a Recorder, who shall each serve a term of one (1) year.  The Chairman shall serve as a voting member of the Board and shall preside at all meetings, authorize and call special meetins of the Board, appoint committees, and execute documents on behalf of the Board as authorized by the Board.  The Recorder shall keep an accurate record of the meetings of the Board and all action taken by the Board.  A copy of the Minutes from a regular, special or annual meeting of the Board shall be placed of record in the Seymour Community Library for public inspection.  The Recorder shall also issue notice of all regular, special and annual meeting of the Board and perform such other duties as are appropriate for such office.  The City Treasurer shall serve as the City’s representative to the Board, shall act as Treasurer of the Board, and shall keep any financial records of the Board.  The City Treasurer shall not however be a member of the Board and shall not be entitled to vote on any issue.

3.      Operations and Personnel.  The Board shall adopt By-laws establishing rules and procedures for the operation of the Board and the Cemetery.  The By-laws as adopted by the Board must also be approved by the City Council and any amendment to the By-laws shall be by majority vote of the members of the Board present at a meeting for which written notice of the proposed amendment has been given to all Trustees at least ten (10) days prior to the meeting at which such action is proposed to be taken.  An amendment of the by-laws must also be approved by the City Council following adoption by the Board.  An affirmative vote of a majority of the members of the Board (at least 2 members) shall be necessary to approve any action before the Board.  The Chairman of the Board may vote upon and may move or second a proposal before the Board.  The Board shall employ personnel for maintenance and care of the Cemetery.  Such personnel may be selected by bid or by contract or be employed by the City.  The Board shall also have authority to dismiss personnel hired by the Board or to terminate contracts entered into by the Board.  Personnel employed by the City shall only be dismissed by the City Council.  The Board shall have authority to make purchases for the Cemetery within budgetary limits set for the Cemetery.  The Chairman shall collect information from several sources when a purchase is to be made and the Board shall advertise for bids as required by the Code of Iowa.  When bids are taken, the Board shall have authority to accept or reject any bid.  The Board shall have authority to establish committees as may be necessary for the proper operation of the Cemetery and the chairman shall appoint committee members to such committees.  Committee members shall serve at the pleasure of the Board and may be removed at any time by a majority vote of the Board.  In the event a Friends of the Cemetery comes into existence, the Board shall establish rules and procedures for the operation of the Friends of the Cemetery.

4.      Rules and Regulations.  The Board shall make and adopt, amend, modify or repeal rules and regulations, not inconsistent with this Code of Ordinances and the law, for the care, use, and management of the cemetery and the business of the Board, and may fix and enforce penalties for violations.

115.02    RECORDS.  It is the duty of the Clerk to make and keep a permanent record of all interments made in the cemetery, which record shall at all times be open to public inspection.  The record shall, among other things, include:

1.      Plat.  An accurate plat of the cemetery;

2.      Lot Owners.  The names of the owners of all lots that have been sold;

3.      Lot Descriptions.  The correct description of all lots for sale and the price thereof, as shall be fixed by the City Council;

4.      Grave Locations.  The exact location of each grave upon each cemetery lot.

115.03    SALE OF LOTS.  The sale of lots in the cemetery shall be evidenced by a deed signed and executed by the Mayor and the Clerk for and on behalf of the City, and it is the duty of the Clerk to collect the purchase price for any lot sold before delivering the deed of conveyance for the same.  The payment of all fees and charges shall be made at the office of the Clerk where receipts will be issued for all amounts paid.  Said fees and charges shall be based upon the charges as set out in the rules and regulations then in effect as adopted by the Council.

115.04    PERPETUAL CARE.  A portion of the sale price as specified by the rules and regulations established by the Council shall be set aside and deposited in the perpetual care endowment fund of the Cemetery.  The Council, by resolution, shall also receive all monies and property donated or bequeathed for perpetual care.  The assets of the perpetual care fund shall be invested as permitted by State law.  The City and the Board shall use the income from such investments in caring for the property of the donor or lot owner or as provided in the terms of such gift or donation, or as agreed in the instrument for sale and purchase of a Cemetery lot.

115.04A  EXPENDITURES.  All money appropriated by the Council for the operation and maintenance of the Cemetery shall be maintained in a separate fund by the City Treasurer.  Expenditures of such funds shall be made in the same manner as other City expenditures.  The City Clerk or City Treasurer shall issue and sign checks for the disbursement of funds appropriated by the Council and approved by the Board, and shall also issue and sign checks for the disbursement of funds from the perpetual care endowment fund of the Cemetery as approved by the Council and the Board.  The City Treasurer shall keep proper financial records of all such funds and rtheir disbursements, and shall provide monthly reports of such funds and disbursements to both the Council and the Board.  The Board immediately after the Board’s annual meeting in November of each year shall make a report to the Council concerning the financial operations of the Cemetery and including a proposed budget for the upcoming fiscal year.  The City shall provide comprehensive general liability, personal injury liability, employee liability, and errors and omissions liability coverage for the Cemetery and the Board as part of the City’s insurance policies and coverage.

115.05    RULES GOVERNING GENERAL OPERATION.  The following rules shall govern general operations of the cemetery:

1.      Persons within the cemetery shall at all times maintain decorum of speech and action, including avoidance of loud talking or other noise.

2.      No person shall drive any vehicle faster than fifteen (15) miles per hour or in a careless manner upon the cemetery roads or drive anywhere except upon such roads unless authorized by the cemetery superintendent.

3.      Persons shall walk only on roads and walkways or footpaths except when absolutely necessary for maintenance of gravesites, inspection of plots, installation of markers or decoration of graves.

4.      No person shall deface or otherwise damage any marker, headstone, monument, cemetery fence or any other cemetery structure.

5.      The hours of the cemetery shall be from sunrise to sunset each day.

6.      No person except an authorized City employee shall cut, remove or carry away any flowers, trees, shrubs, plants or vines from any lot.  However, the owner of the lot may remove and carry away any flowers, plants or vines that said owner has placed upon said lot.  No person other than the owner of the lot or City employees in the performance of their duties shall remove, carry away or destroy any vases, flower pots, urns or other objects which have been placed upon any lot.

7.      No person may consume or possess refreshments, liquors or beverages of any kind on the cemetery grounds.

8.      No person shall allow any dog or other animal belonging to or under the control of said person to run at large in the cemetery or any part thereof.

9.      No persons other than law enforcement officers and persons engaged in military funerals or like ceremonies whose functions require the carrying of firearms may carry any firearm in or upon the cemetery grounds.

10.    All persons using the cemetery grounds shall deposit their rubbish and trash in the receptacles placed in the cemetery for that purpose.

115.06    RULES GOVERNING BURIALS.  The following rules shall apply to burials within the cemetery.  The Council, by resolution, may adopt further regulations no in conflict with this section with regard to burials.

1.      Before any burial will be permitted, proper permits must be furnished to the Superintendent.

2.      Lot owners are forbidden to allow interments to be made in their lots for a remuneration.

3.      No interment of any body other than a human being shall be permitted or made in the cemetery, nor shall there be more than one body per grave, except as may be authorized.

4.      Arrangements for interments shall be made by the owner of the burial space, by a member or members of the family acting and authorized by law to act for the owner, or by an authorized undertaker, or other authorized agent of the owner.

5.      Notice of interment must be given to the Superintendent at least forty-eight (48) hours in advance of burial.  The Superintendent shall have full charge of opening, closing and sodding or seeding of all graves.

6.      The City shall in no manner be liable for any delay in the interment of a body where a protest to the interment has been made or where the rules and regulations of the cemetery have not been complied with.  The City shall be under no duty to recognize any protest of interment unless it is in writing and filed with the Clerk.  The City shall not be responsible for errors resulting from orders or instructions given by telephone, and the Clerk and Cemetery superintendent may require such orders to be in writing before finalizing any action.

7.      The City shall not be liable for the interment permit or for the identity of the body sought to be interred.

115.07    RULES GOVERNING MARKERS AND DECORATIONS.  The following rules shall apply to the erection of markers within the cemetery.  The Council, by resolution, may adopt further regulations not in conflict with this section with regard to markers. 

1.         Monuments and grave markers of every description shall have suitable concrete foundations, adequate to prevent tipping or sinking.

2.         Location of a marker shall be determined by the Superintendent; the marker must be set and maintained so that the top of the foundation is flush with the surrounding ground.

3.         If any vault, tomb, mausoleum or like structure in which bodies are entombed in the cemetery shall fall into a state of dilapidation or decay, or shall be determined by the Council to be offensive or in any way injurious to the appearance of the cemetery, no adequate provisions having been made by the owner for repair and preservation of such structure, the City shall have the right to remove the said offensive or objectionable structure and to inter any body or bodies contained therein in the earth upon the lot or which such structure was located, maintaining such lot thereafter in good and similar condition as done with other lots in the cemetery.

4.         No fences or enclosures around lots shall be permitted.

5.         Lot owners shall have the right to cultivate plants within the limit of a one-foot radius of any monument, which plants must not be detrimental to the cemetery or adjoining lots.  Owners of lots shall not change the grade of any lot, not interferer in any way with the general plan of landscaping of the cemetery.

6.         The Superintendent or other authorized employees of the City may enter upon any lot and remove any shrub, plant, ornament or other object which is deemed detrimental to the cemetery or adjoining lots and for the purpose of making any improvements deemed to be advantageous to the cemetery grounds.

7.         Lot owners and others are prohibited from placing on lots or graves any toys, cases, boxes, gloves, shells, cans, jugs, bottles, bric-a-brac of every description, wooden benches, chairs, settees, headboards or wooden articles of any kind.  Any such articles found on the cemetery grounds may be removed.

115.08    CEMETERY CHARGES.  The Council shall set, from time to time by resolution, charges for burial permits, grave digging, filling, protective tent rent, casket lowering machine rent, concrete vaults, markers or monuments bases, or other services.

115.09    TRESPASSING OR VANDALISM IN CEMETERY.  Any person who trespasses upon any cemetery under the jurisdiction of the City by destroying, injuring or defacing any grave, vault, tombstone or monument, or any building, fence, tree shrub, flower, or anything in or belonging to the cemetery is guilty of a misdemeanor and liable for any and all damage.

115.10    TRESPASSING IN CEMETERY.  It shall be unlawful for any person to enter, remain or be in any cemetery under the jurisdiction of the City at any time prior to sunrise and any time after sunset.  Any such person shall be guilty of a simple misdemeanor. (Ord. 09-204 – July 09 Supp.)