HomeMy WebLinkAboutORD 597 (1973) ORDINANCE NO. 597
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING CHAPTER 25 OF THE TUSTIN CITY CODE
RELATIVE TO CABLE TELEVISION SYSTEMS.
The City Council of the City of Tustin, California,
does ordain as follows:
1. SectiQn 25-0-200 is hereby added to the Tustin
City Code to read as follows:
Section 25-0-200. Existing Franchise.
a) Community Cablevision Company, having been granted
a franchise by the County of Orange relative to certain
territory located in the unincorporated area of the County
of Orange and thereafter annexed to the City of Tustin, being
that territory now designated as Tracts Nos. 7954, 8028 and 8033,
and it being fair and reasonable to permit said franchisee to
continue to provide cable television service to said areas under
the terms, and conditions hereinafter set forth, the City of
Tustin does grant a franchise to the Community Cablevision
Company to provide cable television service in accordance with
the terms and conditions of Chapter 25 and in addition in
compliance with the provisions of this section.
b) Franchisee shall operate within and upon the terms
and conditions set forth in its proposal filed with the City
on Aug us t 9, 19 73.
c) This franchise shall be in force and effect for
fifteen (15) years, and for such additional periods as may be
granted by the City Council, unless sooner terminated as provided
herein.
d) The franchisee shall furnish and file with City a
faithful performance bond in the penal sum of fifty thousand
dollars ($50,000), guaranteeing franchisee's performance of all
the terms of the franchise, in form satisfactory to the City
Attorney.
e) At such time as a franchise is awarded to any
franchisee for any territory which includes all, or any part,
of the area covered by this franchise, and such franchisee
is legally and physically ready and able to connect and serve
the s~ibject area, then this franchise shall furthwith cease
and terminate. Upon any such termination Community Cablevision
Company agrees to sell all of its facilities located within
the subject area to the new franchisee for a sum not to
exceed its actual cost of construction and installation of
Two Hundred Fourteen Dollars and fifty cents ($214.50) per
lot for construction and installation which occurred prior
to August 1, 1973, and Two Hundred Thirty-four Dollars and
fifty cents ($234.50) per lot for construction and installation
occurring after that date and in accordance with the technica~
specifications of the City of Tustin. The obligation of
Commu~ity Cablevision Company to sell or assign its rights and
facilities in the subject area to another franchisee shall, as
hereinabove provided, be limited to any sale ready to be
consummated by September 1, 19 76
f) In consideration of the granting and exercise of
a franchise to use the streets~ as herein defined, for the
operation of cable television system, fanchisee shall pay
to the City during the life of the franchise the following:
4 (1) Three (3) percent of' its gross annual basic
subscriber receipts.
(2) ~Three (3) percent of its gross annual non-
6 basic 'service receipts.
7 (3) Three (3) percent of its gross annual adver.-
tising receipts.
8 (4) Three (3) percent of its gross annual lease
9 receipts.
10 g) Franchisee agrees to comply with all terms, con-'
ditions, restrictions, rules and regulations heretofore and/or
11 hereafter adopted from time to time by the City Council applicab
generally to cable television franchisees.
h) Customer rates as set forth in franchisee's pro-
13 posa! filed with City on August 9, 1973 are approved and shall
remain in force and effect until such time as new or different
14 rates are approved.
2. The City Council finds and determines that it is
necessary that this ordinance be adopted as an urgency measure
and this ordinance shall be effective i~uT~ediately upon adoption.
PASSED ~D ADOPTED at a regular meeting of the City
18
Council Of the City of Tustin, held on the 20th day of August, 1973.
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ATTEST:
~Y CLE~
29 '
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )ss
CITY OF TUSTIN )
RUTH C. POE-r-'City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
ce~til~y that the whole number of members of the City Council
of the City of Tustin is five; that-the above and fore-
going Ordinance No.....597 was duly and regularly introduced
and read'at a regular meeting of the City Council held on
the 20th day of August , 197 3 , and was given
its second reading and duly passed and adopted at a ~e~~n~
as
meeting held on the 20th day of August y measure
the following vote:
AYES: COUNCILMEN SALTARELLI, LANGLEY, MILLER, WELSH
NOES: COUNCILMEN WOODRUFF
ABSENT: COUNCILMENi NONE
CitFClek~_qity of Tustin, California