HomeMy WebLinkAboutORD 813 (1979) 3. ORDINANCE NO. 813
2 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING ORDINANCE NO. 792 GRANTING A NON-
3 EXCLUSIVE FRANCHISE FOR CABLE TELEVISION SYSTEMS
TO SIX STAR CABLEVISION, INC.
5 The City Council of the City of Tustin, California, does ordain as follows:
6 1. This amendment is enacted pursuant to the authority provided in and all
? of the provisions, terms and conditions of Article 7, Chapter 4 of the Tustin City
8 Code.
9 2. Section 8 of Ordinance No. 792 is hereby amended to read as foliowe:
10 8. Performance Bond.
!l Upon Deing granted a franchise, and in addition to satisfying all other
1~ requirements of Section 7416 of the Tustin City Code, and upon the
!3 filing of the acceptance required under Section 7417 of the Tustin City
!4 Code, grantee shall deposit in a bank or savings or loan association in
35 the City of Tustin the sum of Fifty Thousand Dollars ($5'0,000.00) in a
16 joint account in the names of grantee and the City of Tustin, or shall
17 file with the City Clerk and maintain in full force and effect during the
18 term of construction a corporate surety bond, approved by the City
19 Attorney, in an equivalent amount. The passbook, certificate of deposit
20 or surety bond shall be delivered to and held by the City of Tustin. The
21 cash deposit sum, or the corporate surety bond shall be maintained
22 during the period of construction of the cable television system within
23 the City of Tustin as set forth in grantee's franchise application and all
24 supplements thereto and as approved by the franchise granted by
25 Ordinance No. 792. Upon full and final completion* of the cable
26 television system as described in grantee's application and all 'supple-
~7 ments thereto and approved by the franchise granted by Ordinance No.
28 792, within the times prescribed in said application, supplements and
~39 franchise, City shall deliver the said passbook, certificate of deposit or '
30 surety bond to grantee and execute any appropriate document releasing
3! 1
Z City's interest and rights therein to grantee. This release shall be
;~ contingent upon the full and faithful performance of the grantee of its
~ 25 obligations under the franchise granted by Ordinance No. 792. In the
4, event that grantee shall fail to comply with any one or more of the
5 provisions of the franchise granted by Ordinance No.' 792 or of the
6 provisions of the Tustin City Code relative to the regulation of cable
? television systems. There shall be recoverable from the aforesaid sum
8 or bond any and all damages or .loss suffered by City as a result thereof,
9 including but not limited to the full amount of any compensation,
]-0 indemnification, cost of removal of abandoned property, staff costs in
l~L attempting to secure compliance, plus a reasonable allowance for
!2 attorney's fees and costs, up to the full amount of the aforesaid deposit.
15 P, ellnquishment of City's interests and rights in the aforesaid deposit
3_~ shall also be conditioned upon the deposit with City of a performance
Z5 bond as provided in paragraph 3 below.
26 3. Prior to relinquishment by City of any of its interest and rights in the ..
2L? deposit described in paragraph 2 above, grantee shall file with the City Clerk and
Z8 shall thereafter, annually, during the entire term of the franchise, maintain in full
Z9 force and effect a corporate surety bond or other adequate surety agreement
20 approved by the City Attorney in the amount of $5,000.00. The bond or agreement
2] shall be so conditioned that in the event the grantee shall fail to comply with any
22 one or more of the provisions of the Tustin City Code or of the franchise granted
25 to grantee, then there shall be recoverable jointly and severaliy from the principal
2z~ and surety, any damages or loss, or costs suffered or incurred Dy the City as a
25 result thereof, including attorney's fees and costs of any action or proceeding, and
26 including the full amount of any compensation, indemnification, costs of removal
27 or abandonment of any property or other costs which may be in default, up to the
"" 28 full principal amount of such bond.- Said condition shall be a continuing obligation
29 during the entire term of. the franchise and thereafter until grantee shall have
;50 satisfied in full any and all obligations to City which shall arise out of or pertain to
51 said franchise.
3;8 2
1 z~. Upon being granted a franchise, and upon filing of the acceptance
.J, required under Section 7417 of the Tustin City Code, the grantee shall file with the
.% City Clerk, and shall thereafter, annually, during the entire term of such franchise
4 maintain in full force and effect a corporate surety bond, or other adequate surety
5 agreement approved by City Attorney in an amount of $5,000.00. The bond or
6 agreement shall be so conditioned that in the event the grantee shall fail to comply
with any one or more of the provisions of any agreement or undertaking made
8 between the grantee and any subscriber, then there shall be recoverable jointly and
O severally from the principal and surety any damages or costs suffered or incurred
.'_O by any subscriber as a result thereof, including reasonable attorney's fees and costs
II of any action oz p~oceeding. Said condition shall be a continuing obligation du~ing
Z2 the entire term of the franchise and thereafter until grantee shah have satisfied in
:~ full any and all obligations. of any subscriber which arise out of or pertain to any
Z~ such agreement or undertaking.
~5 PASSED AND ADOPTED at a regular meeting of the City Council of the
t6 City of Tustin held on the 5th day of Nove~er 1979.
!8 M~YOR
19
AT,TEST:
20
CITY CLERK
3GR:se:O:~/llT~
3GR:se:R:9/6/79
T/Ord/CATV-1 O:l
25
.,o
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CiTY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
whole number of members of the City Council of the City of Tustin
is five; that the above and foregoing Ordinance No. 813
was duly and regularly introduced and read at a regular meeting
of the City Council held on the 15th day of October ,
1979 and was given its second reading and duly passed and adopted
at a regular meeting held on the 5th day of November ,
1979, by the following vote:
AYES: COUNCILMEN: SCHUSTER, SALTARELLI, SHARP, KENNEDY, WELSH
NOES: COUNCIL~rR.N: NONE ~,~
ABSENT: COUNCILMEN: NONE
ADVERTISE TUSTIN NEWS
NoVember 15, 1979