ORDINANCE NO. 3168 AN ORDINANCE AMENDING CHAPTER 112 OF THE WAUKEE MUNICIPAL CODE TO CONFORM WITH IOWA CODE 477A (2025)

ORDINANCE 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 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 December 11 2025 LIOW0418108