Carrol Daily Times Herald from Carroll, Iowa on April 13, 1974 · Page 5
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Carrol Daily Times Herald from Carroll, Iowa · Page 5

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Carroll, Iowa
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Saturday, April 13, 1974
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Page 5
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Legal Publications SIDE GLANCES by Gill Fox CARNIVAL by Dick Turner low* laws require that thn residents of this area be notified of certain legal proceeding. Certnln Indlvldunln, ns writ n* c-rnups nia y have a personal interest In these notification*, mtrn the publication la the onlv public notice. To keep well Informed, readers should check carefully the notices which appear In thin aectlon. NOTICE OF SPECIAL ELECTION N CARROLL, IOWA PUBLIC NOTICE Is hereby given that a special elecUon has been called by resolution duly passed and Sooted by the City Council of the Citv of Carroll, Iowa, to be held In IhP Citv of Carroll, Iowa, on Tues- rtav the 30th day of April, 1974, for the purpose of submitting to the le- -ai electors of the City of Carroll for their approval or rejection the ordinance hereinafter jet forth and the franchise contained therein and Granted thereby to CARROLL CABLE COMPANY, Its successors and assigns, said cable television «vstem franchise Ordinance No. 740 ?To to be submitted to the legal electors of the City, being In the words and figures, as set forth on the sample ballot hereinafter set tnrih in this Notice: That for said election the question shall appear on the voting machines substantially in the follow. *"* SPECIAL QUESTION TOR CITY OF CARROLL SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? SHALL ORDINANCE NO. 7401, -- A FRANCHISE TO INSIDE THE CURTAIN OF THIS VOTING MACHINE BE APPROVED? (NOTICE TO VOTERS: For an affirmative vote upon the public measure submitted upon this ballot, pull down the voting lever above the word "YES". For a negative vote, pull down the voting lever above the word "NO M .) That for said election the full text of the public measure shall be In substantially the following form, which full text shall be placed Inside each voting machine and also displayed within each Toting pre(SAMPLE BALLOT) SPECIAL QUESTION FOR CITY OF CARROLL SHALL THE FOLLOWING PUBLIC MEASURE GRANTING A FRANCHISE TO CARROLL CABLE COMPANY TO OPERATE A CABLE TELEVISION SYSTEM BE APPROVED? YIS NO TELEVISION FRANCHISE ORDINANCE NO. 7401 AN ORDINANCE GRANTING UNTO CARROLL CABLE COMPANY ITS SUCCESSORS AND ASSIGNS. THE NON-EXCLUSIVE RIGHT. FRANCHISE, AND AUTHORITY FOR A PERIOD OF 15 YEARS, TO ACQUIRE, CONSTRUCT. MAINTAIN AND OPERATE A CABLE TELEVISION SYSTEM AND TO SELL AND SUPPLY TO INDIVIDUALS. FIRMS. AND CORPORATIONS, PUBLIC OR PRIVATE, AT ANY AND ALL PLACES WITHIN THE CORPORATE LIMITS. AS SAID LIMITS ARE OR HEREAFTER MAY BE ESTABLISHED. CABLE TELEVISION SERVICES, AND PRESCRIBING THE TERMS AND CONDITIONS THEREOF, INCLUDING FORFEITURE AND SUB- CRIBER SALES. BE IT ORDAINED by the City Council of the City of Carroll, Iowa, as follow!: SECTION 1. Term of Franchise Carroll Cable Company, Its succession and aislfmi (hereinafter referred to as "Grantee"}, be and Is hereby granted the non-exclusive right, franchise, and authority for a period of 15 years to acquire, construct, maintain, and operate a cable television system over, under, and upon property of the City of CarroH. Iowa, (hereinafter referred to as "City"), and to sell antl supply to Individual!, firms, and corporations, public or private, at any and all placet, within the corporate limits of the City, ai laid limits are now or hereafter may be established a cable telerlsion facility for the distribution by coaxial cable or wire of video and audio signals and any type of electrical Impulse signals to subscribing members of the public subject to the conditions and restrictions as hereinafter provided, In accordance with the laws and regulation! of the United States of America, State of Iowa, and ordinances and regulations of the CTfy". SECTION 2. Effective Date This franchise and the rights, privilege, and authority hereby granted shall take effect from and alter its final passage and publication, and after approval by the elector! of the City as provided by law; provided, however, that within thirty (30) days after the date of final approval of this franchise by the elec- Read The Want Ads Timei Herald, Carroll, la. _ Saturday, April 13, 1974 5 lors of the City, the Grnntee shall file with the City Clerk Its unconditional acceptance of this franchise and shall promise to comply with and abide by all Its provision!, terms, and conditions. SECTION it. Transmission *nd Distribution System The transmission and distribution system shall be placed on poles erected and maintained by the Northwestern Bell Telephone Company and Iowa PubUc Service Company, when and where practicable, providing mutually satisfactory rental arrangements can he entered into with said companies. The Grantee may erect Its own poles only after the authorization and approval of the City. No portion of the system shall be erected and maintained so as to unreasonably Interfere with the full use of public property. The conductors shall be placed underground In those residential areas where all other franchisee's lines are or may be hereafter placed underground, and, at other sites, the City reserves the right to require the Grantee to place Its conductors underground and to order the removal or relocation of any portion of the system whenever in the Judgment of the City Council such action Is in the public Interest, and Is feasible from an engineering standpoint, at the Grantee's expense. SECTION 4. Compliance with Ap. pllcable Law Grantee shall at all times comply with the Rules and Regulations of the FCC or any other duly authorized agency of the United States of America and shall also comply with all other applicable statutes, ordinances and regulations. FCC rules and regulations shall in all cases be controlling if any part of this franchise ordinance be In conflict with any FCC Rules and Regulations. The FCC Rules and Regulations for Cable Television Systems and any amendment! and additions thereto are hereby made a part of this franchise. SECTION 5. Indemnification In the construction, maintenance and operation of the cable television lystem, the Grantee shall take rea- tonable care and precautions to protect persons and property from Injury and damage and Grantee shall Indemnify and hold the City harmless at all times during the term hereof against all claims for injuries or damages to person or property, real and personal, resulting from the negligence of the Grantee in the construction, erection, operation or maintenance of any structures, equipment, appliance or product, authorized or used pursuant to au-; thority of this Ordinance, and the Grantee shall carry Insurance agntnit liability due to damage to property in an amount not less than $100,000.00 as to any one person, and $200,000.00 as to any one accident, and against liability due to Injuries or death of persons In an amount not less than $100,000.00 as to any one person, and §300,000.00 ai to any one accident. Grantee, upon receipt of notice in writing frem the City, ihall defend at IU expenie any action or proceeding ajainit the City In which it ii alleged (even though other allegation!) that the damage or Injury aroie from the Grantee's negligence in the operation of Its televiilon system. SECTION 6. Subtcrlber Ratal and Charge! Grantee shall charge the following rates and charges (or iti service and such rates shall not be changed without prior approval of, the City Council as set forth In Section 7 hereof, except that for promotional purposes, Grantee ihall be allowed to periodically reduce the Installation charge and monthly subscription rate for period! Dot exceeding two months. Monthly S«rvica Rate First TV outlet I «.00 ' Each additional TV outlet .» 1.00 Each FM outlet with TV Installed $ 1.00 First FM outlet without TV installed . I 6.00 Each additional FM outlet without TV installed -4 1.00 Installation Charge! First TV outlet (overhead) . 110.00 Firit TV outlet (underground) $25.00 Each additional TV outlet .$ 5.00 Each FM outlet with TV outlet installed * 5.00 First FM outlet without TV outlet installed (overhead) . $10.00 First FM outlet without TV outlet installed (underground) $25.00 Each additional FM outlet without TV outlet installed .. $ 5.00 Multiple-User rates, such as motels, hotels, mobile home parks, apartment buildings and other business establishments where one billing is made to the owner, the installation rates shall be negotiable and the monthly service charge shall not exceed the residential monthly rate on average. Other Charge! Not to Exceed. Reconnection of Disconnect _ . . $ 5.00 Relocation same location $ 7.0U Relocation new location-cable installed $ 8.00 Special installations Cost plus 15 per cent SECTION 7. Change of Rates and Charge! Except as otherwise provided in Section 6 above, the rates and charges specified herein shall not be raised or lowered by Grantee except with the approval of the City Council. Such approval may be given upon a finding by the City Council that a change in rates or charges is necessary to further the public interest or to allow Grantee to realize a fair rate of return on its investment. Before any apnlica- LA BOUTIQUE BEAUTY SHOP PERMANENT WAVE SPECIAL Regular $15 and $12.50 NOW $12 and $10.50 April 8th thru 20th Pat Haverman — Owner Eileen Prebeck — Operator 44) South Main Phone 792-1286 1543-ltc PUBLIC AUCTION Black/white television Several table lamps Cherry end table (nice) Wall clocks 2 upholstered headboards Floor polisher Sewing machine (nice) Fish aquarium Slim-Gym Baby feeding table Several radios Candlestand Cameras Pictures Outdoor grill Several odd tables Fireplace wood Luggage Golf bag Typewriter Hair Dryer Picnic table Pool table 18" Electric lawn mower Electric grill Cycle tire and helmet Air filters Screens Recliner Corner shelf Beds 3 vinyl office seats Upnolstered arm chair Lots of miscellaneous Antiques Antique oak table Glass butter churn Insulators Rocker Children's games and toys (old) Some dishes We are still receiving items for this auction sale so will have a larger listing by sale day. Methodist Church Parking Lot (In case of rain, sale will be inside basement of the church) 1:00 P.M. April 20, Saturday Proceeds to benefit Senior MYF McCarville and Wieland, Auctioneers tlon for a change in rates or charges nereunder may be considered and acted upon, it shall be filed with the City Council, which shall then publish public notice of the application for two consecutive weeks in a newspaper of general circulation in the City. The notice shall specify a time and place for a public hearing. At such hearing, any interested person shall have the right to give testimony and present evidence on the change in rates or charges proposed. The City Council shall review the testimony and evidence and after such hearing shall determine whether the rates and charges in question shall be increased, decreased or shall remain the same. SECTION 8. Franchise Fee In consideration of the granting of this franchise, Grantee shall pay to the City three (3'.,-.) per cent of the gross receipts from monthly service charges derived from the operation of the system, to be paid on July 1 and January 1 of each year, the City to have access to the books and records of the Grantee for audit purposes. SECTION 9. Construction Grantee shall apply to the Federal Communications Commission for a Certificate of Compliimcc within sixty days from the effective date of this franchise. Within twelve (12) months following certification by the Federal Communication's Commission, the energized trunk cable shall be extended throughout the City, and within eighteen (18) months after said certification, the Grantee's close circuit origination studio shall be complete and fully operational. SECTION 10. Complainti Grantee shall maintain an office within the City for the purpose of receiving, investigating, and responding to complaints regarding the qualify of icrvice, equipment malfunctions, and'other similar matters pertaining to the cable television system. Upon receipt of any written complaint on the matters aforcstated, the Grantee or the City Clerk or such person receiving the written complaint shall tend copies to the Grantee and to the City Council. Grantee shall, within thirty (HO) days ofter receipt of the notice, notify the City Council as to the status of the complaint. If Grantee has not satisfied the complaint within said thirty (30) days, then City Council may, if complainant requests and after prior written notice •to Grantee and complainant, and after an investigation by the City Council, take the complaint under consideration at a duly called public meeting. The City Council, after having heard all the evidence, shall issue a decision on the complaint. SECTION 11. Channels Grantee shall distribute on the cable television system, to the extent channel capacity exists, on cable channels 2 through 13, all ofl-the- air television station signals receivable at Grantee's tower site and required to be distributed on the cable television system by the Federal Communications Commission and all other applicable laws, rules and regulations. Grantee may provide such automated vidP" and audio services as it desires and as are consistent with the terms of this Ordinance, but at least an automated weather channel. Grantee will provide, on rules and conditions it will make, when requested in writing, one channel for the purpose of educational use, public announcements or emergency warnings. SECTION 12. Equipment The installation and maintenance of equipment shall be according to the rules and regulations of the Federal Communications Commission and shall be of such quality to (1) insure a reasonably noise-free picture on each channel, (2) that no objectionable intermodulation distortion shall occur, (3) that standard NTSC color signals sh.ill he tran*- mitted without objectionable picture degradation, and (4) existing television and radio reception within the City is not impaired. SECTION 13. Transfer of Franchise Grantee shall not sell, transfer. or assign this franchise without the prior approval of the City Council by ordinance, which approval will not be withheld unless for just cause. SECTION 14. Investigation The City acknowledges that it has investigated the legal, character, financial, technical and other qualifications and Ihp adequacy and feasibility 01 the Ginntee'o proposed system, and they have been found to be acceptable and have been, approved by the City as part of a full public proceeding affording due pro- SEGTION 15. Sales Prohibited Grantee shall not engage in the business of selling, repairing, or installing television recciveis, i-adio receivers, or accessories for «ych receivers within the City of Carroll during the term of this franchise. SECTION 16. Forfeiture and Termination If Grantee shall fail to comply with any of the provisions of this franchise, or default in any of its obligations hereunder, except for causes beyond the reasonable control of Grantee, and shall fail within thirty days after writte.n notice from the City to commence and, within a reasonable time, complete the correction of such default or non- complHnce, the City shall have the right to revoke this franchise and all rights of Grantee hereunder. In the event Grantee shall be adjudicated bankrupt or placed in receivership, the City may declare the franchise herein granted forfeited and hereunder terminated. SECTION 17. Severabllltv If any section, subsection, sentence, clause, phrase or portion of this franchise shall be held Invalid or unconstitutional, the remaining provisions shall remain In full force and effect. SECTION 18. Effective Data This Ordinance shall be in full force and effect from and after ita passage and publication, and upon the approval of the franchise and franchisee by the electors of the City of Carroll, as provided by law. For purposes of said election, the City shall constitute one election pcecinct, the boundary of which shall be the same as the corporate limits of the City. The polls shall be kept open from 7:00 o'clock in the morning, until 8:00 o'clock in the evening, and the polling pl««» within the respective precinct shall be as follows: Precinct No. VotlnB •»!••• Meeting Room, Carroll County Courthouse All qualified electors of said city are hereby notified to appear at said election at the polling piaci for til* election. This notice Is given by or<J«T el the City Council of the City of Carroll pursuant to Section 3M.4 Of tn« 1973 Code of Iowa. Dated at Carroll, Iowa, this JOt* day of March, 1974. WILLIAM C. ARTS, JR. Carroll County Auditor amd County Commissioner of Elections March 23, 30; April 8, 13, ltT4 "Notice of Public Sale" Notice is hereby given that on April 22, 1974 at 9:00 A.M. a Public Sale will be held at GMAC - 7660 Hickman Rd. - Des Moines, la. to sell for cash the following vehicle: To wit: 1969 Pontiac GTO Sf 242379B135344 General Motors Acceptance Corporation reserves the right to bid at this sale." The vehicle is presently stored and may be seen at Hawk-Crampton Chevrolet Denison, la. April 13,1974, Calendar of Sale Dates Claimed and Auction Sales All types of auctions will be run in this Auction Calendar FREE if we have the advertising copy of your ad in our office. EVERY SATURDAY AT 1P.M. Farmers Livestock Auction. Special Dairy Sale — the 3rd Thursday of each month. EVERY THURSDAY— 7:30 P.M. Carroll Livestock Sales. SATURDAY, APUlL 20- PUBLIC AUCTION ,W. E. Cooney Estate sale. Hbuse & Furniture. 1:00 p.m. Mrs. Bernice Keeley Executrix. SATURDAY, APRIL 20 — 1 P.M. Senior M.Y.F. Auction, Methodist Church Parking Lot. McCarville & Wieland, Auctioneers. SUNDAY, APRIL 21— PUBLIC AUCTION. Furniture & Household items sale. 1:00 P.M. Mr. & Mrs. Harry Butler owners. . .1838 Martin Avenue, Carroll, Iowa. McCarville & Wieland, /•ictioheers. SUNDAY, APRIL 28— PUBLIC AUCTION 1 P.M. Furniture & household items. Harold & Elizabeth Rice, Owners in Dedham, Iowa. Wieland & Irlbeck, Auctioneers. PUBLIC AUCTION: Sunday May 5, 1:30 P.M. House & Lot Located at 1228 North Court Street, Mary A. Nagl Estate Owner. Harold Wieland & Gary Rupiper Auctioneers. / T"I3 © 1974 b. NEA. Inc. TM fltn U S^al 01 © 1974 by NEA. Inc T.M. Rta U.S. Pal 0(1 In the South Answer to Previous Puzzle 40-88-ltc ACROSS 1 Southern state 8 It has a large crop 13 Deprives of a seat 14 Caravansary 15 Distress signal 16 Flying mammal 17 Laths 18 Former Russian ruler 20 Mouth part 22 Greek god of love 23 One of a number 25 Swiss stream 27 Poplar 30 Craft 31 Native metal 34 Seaweed ashes 35 Pseudonym of Lamb 36 Through 37 Girl's name 38 Pub brews 39 Sharp 40 Negative prefix 41 Physician (coll.) 42 Repairs 43 Tree fluid 44 Pallid 45 Algerian seaport 48 Greek letter 50 Gem 54 One of this state's cities 56 River (Sp.) 58 Compass point 59 Lifeless 60 Its capital city 62 Biblical weeds 63 Book of Psalms DOWN 1 Violent blast 2 Son of Seth (Bib.) SLarissan • mountain 4 Musical note 5Chatter (coll.) 6 European nation 7 Italian city 8 Psalms (ab.) 9 Lamprey fisherman lOSandarac-tree 11 Roman patriot 12 Sound of disapproval 19 Sloping way 21 French city 24 Negative reply 26 Indonesian of Mindanao 27 Consanguineous 28 Cotton fabric 29 Masculine appellation 30 Fish sauce 31 Not shut 32 Bamboolike grass 33 Sea eagles (var.) 35 Run away to wed 38 Maid's name 39 Form of lotto 42 Symbol for masurium 43 Sleeper's sound 44 Stays 45 Leave out 46 Genus of frogs 47 Genus of maples 49 Snare 51 Confined 52 Poker stake 53 Shakespearean king 55Nights (ab.) 57 Palm leaf (var.) 61 Masculine nickname (NEWSPAPER ENTERPRISE ASSN.) "Let me guess: We're invited over to the Buxton's to eat creamed carrots!" THE BORN LOSER But you've GOT to let us have the car tonight, Dad! Dexter rented his out to oay for this date!" by Art Sonsom THROW THAT ObW. AWASl FVkmiNk AUJIM'S FAJHBP. j Q AT w> O'CLOCK! ^s c^ 1974 by KM. inc.. T.M. Htj. U.S. Pal. OH. OF A, RETORT BOOT! BUGS BUNNY by Heimdahl & Stoffel OSC30OD WOULD BE A LOT O 1 COMPANY FERYA, ELMER, AN' TM' PRICE IS RIGHT/ " ~</1 NEVER, M»NO / IS HE INTELLIGENT? OSOOOD, HOW MUCH IS 365 MULTIPLIED BY 419 ? I'M GLAD YA ASKED/ PRISCILLA'S POP by Al Vermeer I'M LIVINJG UMDE! A COALITION GOVERNJMEKJT/ 'COUNT ME OUT OF THE POKER GAME TO Ml GMT/ SHORT RIBS by Frank Hill ALL KI&Mi; DOC FLIMFLAM,VOU PROMISED US RA/N OR DOUBLE OUR MON'EY SACK. W£ WANT \ MV PREDICTION 1 OUR TWO \OF f?A!N STILL HUNP«P STANDS. DOLLARS/' IN SEATTLE AND PORTLAND,. IN HAWAII AND IN FLORIDA/ EEK & MEEK by Howie Schneider CO SOU HAVE A VUIKJE LIST? FRANK AND ERNEST by Bob Thoves O O O O O O Ci O GOO O O THE EXORCIST WHAT A X THOUGHT IT WAS GOING- TO BE ABOUT PVSH-URS, DEEP-KNEE- BENDS, JOtXrlN AMD STUFF LIKE THAT/ ALLEY OOP I THOUGHT \HEOIO TAKE GUVS WERE ONE, \OUR I GUESS TH' ss*' • ^ *~t I ^r U 1^ HIGHNESS... HONEST/ by Dave Graue ..HE SAID HE THINK BATWNG WOULD SOLVE ...YOU GO AN' OH , HE DID, DID \TELLTH' OLD HE? THEN HE MUST] BUZZARD I FOOZYS PROBLEM. 1 ! KNOW OF SOME- ) WANT TSEE THING ELSE < HIM RIGHT THAT WOULD... 1 AWAY/ .- © 1974 by NEA. Inc.. T.M. Reg. U.S. Pal. OH.

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