HomeMy WebLinkAboutORD 792 (1979) AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
1 GRANTING A NON-EXCLUSIVE FRANCHISE FOR A CABLE
TELEVISION SYSTEM TO SIX STAR CABLEVISION, INC.
2 The City Counci{ of the (lt:l." of Tustin, California, does ordain as fol[ovzs:
~ 1. This ordinance is enacted pursuant to the authority provided in, and all
~ of the provis[ons, terms and cantic. Lions of Article 7 Chapter 14 Of the lustin City
Code.
5 2- pursuant tO the pro .':s~ans of Artic!e 7 Chapter ~ of the Tustin City
6 Cede a non-exclusive franchise to construct, operate' and maintain a cable
television system within those aa:'tioas of the incorporated linfits of ti~e City of
' term of fifteen (15)
Tustin in which there is no exc',csZ,.'e franchise in effact~ for a
years is hereby granted to SiX STAR CABLEVISION OF TUST[N, iNC. a corp-
S oration, hareinafter referred to as Grantee, with all the rights and privileges and
subject to each and aH of the :e:rns aad coad~Ltons of said Article 7 Chapter 4,
9 Grantee's appUcation, as amende~ anJ the terms and conditions as slated harein.
10 ). Pursuant to Article 7 Chapter 4 the foRewing schedule of rates and
charges filed as required by s'dC qrtic[e 7 Ci~apLer ~ is hereby approved:
tl
~ ( 1!.~ Installation
'] For ].'Z Charms': basic service:
~ Residential (lndividua~ :';~":' ~ units):
' ,~ Prl;narv outlet $5.95
~;, , 5.00
:~ n La~n addkiana} o_~:[eL 7.50
] ' Resonnection
~ i] ~vlJtlol~ Units (5 or ~;-~r~.-c~ :Js:.ng
~ !7 ;l units on one (I) bll[in!l:
:s iS !~ xce,ad
!i A.zZual variable c,ssts. not to e
charges pe~ uni~ of i:~iv~dually biil?d units
19 ~ For Full (35 Channel) Service:
20 ~ Residential (individual bi[[:,r,; units): $15.00
21 Primary outlet
Additional outlets and cleannet selectors 15.00
7.50
2~ Fielocation of outlet lg.O0
Reconnection charge
Multiple Units (5 or more d...'elting units on
'~ (, 2~ one (.l) billing):
:'~ ~5 Actual variable cast nat t.o exceed charges
per unit of individuall)' billed units
~6 Monthly Service Charg~2:
For ~2 Channel basic service:
28
Residential (individual bll!ln~ unit):
~9 $5.95
Primar~ outlet 1.50
30 Each aditional outlet
31 Multiple Units (5 o:' n-~or,~ dwelling units on
one (l) billing):
Rates shall be di,.;countcd from basic individual
service rates in ratio to the number of
units served from one (i) billjar..]
For Full (lb Channel) Service:
Resident. in! (Individual billin,] unit):
Primary outlet $7.50
Each additional outlet 1.50
N'lultiple Units (5 or more dwelling units
on one ~.[)billing):
Ra~es shall be discounte~ from basic individual
service rates in ratio to the number of
unks served from one (1) billing
Earn Channel Soleere:
Grantee she',] cha~'ge its subscribe:s and users the rates and cha~ges in accordance
v/~h th,~ re:cOoing schedule. No increase therein shah be made
of ore ~) yen: of sen, ice to the area se~'ved and on~y then by the
the City Co:j~ci[ expressE:~c! by resolution and haseel upon. the rate of inz~esse in the
4. P.:rsuant to Articte 7 Chapter Z~ Grantee shaH, during the term hereof,
pay anm~u[i> to City three p~'cent ~]%) of the gross receipts derived by Grantee
from all of !:s operations w[thin CiL}, including ball r',ot limEtad to all gross, basic,
s~;~sn-ibe, rc. seipts, aH gross, nan-s:~s]c, subscriber reaeipt3, a![ gross, advertising
receipts e=~:] :zL[ gross~ lease rece:,pt.s. Said payments shaw be ~nado to City no~ less
c,f~r~ LhaF~ ~l.'5 ~h~ period of sin-no [gnath endirtg Rat G~o{'c than n[net,' (90) days
pr~or ~0 SUZh :,a.,,ment,
5. The cable television s~st.e~r, h~rein [ranch~ed shall b~ used excl,.mively
fo~ th~ pu:~ases expressb' authorized by Art. irma 7 Chai~te~ 4 of the Tustin City
Code snQ c,:~ ~ihe: purpose v./hstsoeveE',
o. Establishment and Extension of Service
a- Upon the effecti,'e date of this o~dinance, Grantee shah cliligently
proceeJ to obtain aft necessary permits and au[t~ofizations
essary to constrdc~ and opecnEe cable TV service vz[th such
permits and au~harizaWons ~o be obtained within six months of the
effective date of ~his ordinance.
b. Within ninety (9~) days from [ha date of obtaining required
permits and authorizations, Grantee shall cornmonte construction
and instaltation of the cable television service as specified by
paragraphs "C", "O", and "E" of addendurn to the franchise
application dated November }, 1978.
c. Upon the fili~g of the acceptance as required by Article 7
Chapte~ z~ failure to perform as heroin requi~ed shall be just cause
for forfeiture of the Performance ~Jond to the City, provided~
however, that ti~e City Council may extend said time limits for
good and Sufficient cause.
7. '[his ordinance shah become effective [hiz'ty (~O) days from and after
its pa~age, provided, however, that the franchise hereby granted shah not become
effective unless and until Grantee and its affiliate, f,4ic~e Constructors, inc.,
Englevzood Cliffs, New 3ersey, files written acceptance thereof and an agreement
to be bound by and compb' with aW of the requirements thereof, and delivers
City the bond and insurance pojicies roquirecl to be furnished,
Parogre h
p 8 hereof and the provisions of Ar~ich~ 7 Chapter 4 of the Tus~in City
Code.
2
8. Performance Bond
Upon being granted a franchise, and in addition to satisfying all other
requirements of Sention 7!~16 of the Tustin City Code, and upon the filing of the
1 acceptance required under Section 7~,17 of the Tustin City Code, the Grantee shall
file with the City Clerk and shall thereafter, during the entire term of the
2 franchise maintain in full force and effect a corporate surety bond or other
adequate surety agreements as follows:
a. A bond in the sum of $ 50 t000 , said surety bond must
4 provide that in the event that Grantee should fail to comply with
any one or more of the provisions of the franchise documents, this
5 ordinance, or of' any other City ordinance pertaining to cable
television systems, d~ere shall be recoverabIe by the City of
6 Tustin, jointly and several[y, from the Grantee and its surety, any
damages or loss or costs including the full amount of any
~/ compensation, indemnification, cost of removal or abandonment
of any propert>', or other costs which may be in default, attorney's.
8 fees, and costs of any action or proceeding', suffered or incurred
by the City as a result of such failure and must provide in the
9 event that Grantee should fail to comply with any one or more of
the provisions of any agreement or undertaking made between
10 Grantee and any subscriber, then there shall be recoverable,
jointly and se,;erally, from the Grantee and its surety any
11 damages or costs suffered or incurred by any subscriber as a
result thereof, including reasonable attorney's fees and costs of
3.~ any action or p~oceeding.
115 PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Tustin, Ca[ifernia~ held on the 5th day of February , 1979.
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ATTEST:
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P,;'L:se:D:iZ/6/78
3GR:RLL:R:i2/7/78
JGR:se:R:12/27/78
TIOr/CATV D:ii
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STATE OF CALIFOI~NIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN ) ~
RU~I C. POE, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
whole n~.nber of members of the City Council of the City of Tustin'
is five; that the above and foregoing Ordinance No. 792
was duly and regularly introduced and read at a regular meeting
of the City Council held on the 15th day of January ·
1979 and was given its second re~ading and duly passed and adopted
at a regular meeting held on the 5th day of F~b ru~rv ·
19.79, by the following vote:
-~ ~qE,~.~qH: ,qC~F'TTT,qrP'F,,T~ ~ADD C,~.T.rP~,DIPT 'r.T KE~'!NEDY
AYES: COb~.~CI L. N:
NOES: COUNCiLN. EN: NONE
ABSE~iT: COU~,]CIL~N: NONE .
! City C . of Tustin, California
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P~olish Tustin News
February 15, 19 79