HomeMy WebLinkAbout2025-12-01 Ordinance 3168_Cable Television FranchiseORDINANCE NO. 3168
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of this ordinance are hereby repealed.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 1st day of December, 2025, and approved this 1st day of December, 2025.
Courtney Clarke, Mayor
Attest:
Rebecca D. Schuett, City Clerk