HomeMy WebLinkAboutORD 798 (1979) ORDINANCE NO. 798
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
'1 AMENDING ORDINANCE NO. 792 GRANTING A NON-
EXCLUSIVE FRANCHISE FOR CABLE TELEVISION SYSTEMS
2 TO SIX STAR CABLEVISION, INC.
The City Council of the City of Tustin, California, does ordain as folio'c/s:
1. This amendmant is enacted pursuant Lo tt~e authority provided in and all
5 of the provisions, terms and conditions of Article 7, Chapter 4 of the Tustin City
Code.
6
~ 2. Section 8 o'[ Ordinance :.'qa. 792 is hereby amended to read as fo!iows:
8. Performance Bond.
8
Upon being granted a franchise, and in addition to satisfying all other
9 requirements of Section 7-~16 of the Tustin City Code~ and upon the
filing of the acceptance ,:~lquired under Section 7417 of the Tustin City
iO Code, the grantee shall deposit in a bank or savings and loan association
in the City of Tustin toe su,'n of Fifty Thousand Dollars ($D0,000.uO) in a
11 joint account in the narn~s of grantee and the City of Tustin. The
12~ passbook or certificate of deposit shall be delivered to and he~d by the
City of 'rusti:~. This sum shall be maintained in the joint account durin]
the period of construc~io:~ o[ the cable television system within the
21.;5 City of Tustin as set forth in grantee's franchise application and all
supplements tiereta a'.~d. as approved by the franchise granted by
t4 Ordinance rqo. 79'2. Up-in full and fiqa! completion of the cable
television syst',.--;.n as d..-.s~:cibed in grantees ap;atica~lons and el| supple-
15 ments thereto and aa~}ro'v,od by the fraq=hise gzan~.ed by Ordinance No.
792, :viibin the tim-Is prescribed in said application, s:.,pplements and
i6 franchise, City shall delivg:' the said passbook or certificate of d.sposit
!7 to grantee and execute any appropriate docu,'nent releasing City's
interest and rights therein to grantee- The release of said su ~q to the
grantee slyall be contingent- upon the fun and faithful performanne of
i8 the gt'an~oe of its obiiga~io:Os under the franchise granted by Ordinance
No- 792. In the even~ that grantee shah fail to comp!y with any one or
19 more of the provisions of the franchise g~anted by Ordinance No. 792
~0 or of the provisions of the Tustin City Code relative to the regula[ion
of cable television systems~ there shall be recoverable fro, n the
~l aforesaid sum any and all damages or loss suffered by City as a result
thereof, incldding but not Hmited to the full amount of any co. npon-
~E sation, indemnification, cost of re:-novaI of abandoned propart>', staff
costs in attempting to s~cure compliance, plus a reasonable all..3,,vance
~;5 for attorney's fees and ~:osts, up to the Full amo'-mt oF th~ aforesaid
deposit. Relinquish'nent of City's interests and rights in the aforesaid
~4 deposit shall also b3 2ondttionad upon the deposit witi~ City of a
performance band t.o City as provided in paragraph ~ belovi.
Z5 3. Prior to relinqaishment by City of &hi of its interest and rights in the
~6 deposit described in paragraph 2 above, gra.:~te~- shall file .;/ith the Ci.t>, Clark and
shall thereaft. or, annual!y, during the entire term of the franchise, maintain in full
E7 force and effect a corporate surety bond or other adeqjate surety agreement
approved by the City Attorney in the amount of $5,000.00. The bond or agree-:nent
~8 shall be so conditioned that in the event the grantee shaII fail to comply with any
one or more of the provisions of the Tustin City Code or of the franchise granted
2~9 to gt'antee, then there shall be recoverable jointly and severally from the principal
and surety, any damages or loss, or costs suffered or incurred by the City as a
[50 result thereof, including attorney's fees and costs of any action or proceeding, and
including the full amount of any compensation, indemnification, costs of removaI
;51 or abandonment of any property or oti~er costs which :nay be in default, up to the
'full principal amount of such bond, Said condition shall be a continuing obligation
52 during the entire term of the franchise and thereafter until grantee shah have
:1. satisfied in full any and all obligations to City which shall arise out 9f or pertain to
said frenchis%
· '~. Up.~n being granted a franchise, and upon filin9 oF the acceptance
5 required under Section 7417 of th~ Tustin City Code, the grantee shall file with the
City Clerk, and shall thereafter, annually, du~ing the entire term of such franchise
~ maintain in 'full force and effect a corporaEe surety bond, or other adequate surety
agreement approved by City Attorney in an amount of $5,B09.[)0. The bond or
5 agreement shall be so conditioned that in the ~vent the granEee shall fail to comply
with any one or more of the provisions of any agreement or undertaking made
6 between the grantee and any subscribe?, then there shah be recoverab[e jointly and
severally from the principal a.qd surety any damages or costs suffered or incurred
~ by any subscriber as a result thereof, including reasonable aEtorney's fees and costs
o~ any nation or proceeding. Said condition si~all be a continuing obligation during
8 the enti?e term of the franchis8 and thereafter unfit granEee shall have saEisfied in
ful! any and all obligations of any subscriber which arise ou~ of or pertain to any
9 such agreement or undorEeking.
10 PASSED AND ADOPTED at. a regular ~ns:ati.:~ of th3 City Council of the
City of Tustin held on the/~~ day of __~.~t.~_L , 1979.
12 ~AY~
15 ATTEST:
15 CiTY
!6 3GR:se:D:LU!/79
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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. 798
was duly and regularly introduced and read at a regular meeting
of the City Council held or~ the 5th day of March · :
1979 and was given its second reading and duly passed and adopted
at a regular meeting held on the 19th day of March ·
1979, by the following vote:
AYES: COUNCILMEN: SCHUSTERt SALTARELLI, SHARP, WELSH · KENN'EDY
NOES: COUNCILEN: NONE
ABSENT: COUNCILMEN: NONE
Publish Tustin News
March 29, 1979