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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. ~0 ATTEST: ~Y CLE~ 29 ' ~0 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