HomeMy WebLinkAbout2025-12-01 I02 Cable Television Franchise_INTRO, 1ST-3RD READAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 1, 2025
AGENDA ITEM:Consideration of approval of an ordinance to amend Chapter 112, Cable
Television Franchise, to conform with Iowa Code 477A (2025)
[introduction; first, second, third (final) readings]
FORMAT:Ordinance
SYNOPSIS INCLUDING PRO & CON: In 2002, the City of Waukee originally granted a
franchise to MCC Iowa LLC A/K/A Mediacom, to operate a cable
television system within the City. That agreement expired June 15,
2017, but is still referenced in Chapter 112, Cable Television Franchise.
Prior to the expiration of that agreement, the State of Iowa enacted
Chapter 477A which allowed cable television systems to operate across
the state under a State Cable Franchise.
The proposed ordinance updates the City code to comport with Iowa
Code chapter 477A and to reflect Medicom’s operations within the City
under State Law. The proposed ordinance is retroactive to June 15,
2017.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The Code of Iowa requires a vote of not less than three-
fourths of all the members of the council (or 4 out of 5, in Waukee’s
case) in order to waive readings of an ordinance.
RECOMMENDATION: Introduce the ordinance, approve the first reading in title only, waive
the second and third readings, and place the ordinance on final passage.
ATTACHMENTS: I. Proposed Ordinance
PREPARED BY: Becky Schuett
REVIEWED BY:
I2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 112 OF THE WAUKEE MUNICIPAL CODE
TO CONFORM WITH IOWA CODE 477A (2025)
WHEREAS, the City originally had granted a franchise to MCC Iowa LLC A/K/A
Mediacom, a limited liability company duly organized and validly existing under the laws of the
state of Delaware, to operate a cable television system within the City at or about the time the
Company commenced operations to customers within the City; AND,
WHEREAS, the most recent City granted franchise to company was adopted June 15, 2002
and expired June 15, 2017; AND,
WHEREAS, prior to the expiration of the adopted franchise, Chapter 477A was enacted
which allowed cable television systems to operate across the state under a State Cable Franchise as
more particularly provided therein;AND,
WHEREAS, Medicom has and continues to operate and offer cable television services within
the City under the terms of the State Franchise pursuant to Iowa Code Chapter 477A and impose and
pay the franchise fee previously adopted by the City in accordance with Iowa Law; AND,
WHEREAS, the City intends to update the code to comport with Iowa Code chapter 477A
and to reflect Medicom’s operations within the City under State Law.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1. Chapter 112, Cable Television Franchise, of the Waukee Municipal Code should
be and the same is hereby amended to remove the existing provision of Chapter 112 as expired
and to provide as follows:
112.01 STATE CABLE TELEVISION FRANCHISE. Effective June 15, 2017, MCC
Iowa LLC A/K/A Mediacom began operating its cable system under the state cable television
franchise statute more particularly set forth in Iowa Code Chapter 477A.
112.02 FRANCHISE FEES. Upon the commencement of operations under the State
Cable Television Franchise under Iowa Code Chapter 477A, at the request of the City, MCC Iowa
LLC A/K/A Mediacom is required to continue to collect franchise fees previously adopted by the
City in 2002 under the prior franchise ordinance in the amount of five percent as required by Iowa
Code Chapter 477A and applicable Iowa law.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance
as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final passage,
approval and publication as provided by law and applied retroactively to June 15, 2017.
Passed by the Council the _____ day of _____________________ 2025, and approved this _____
day of _____________________ 2025.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk