HomeMy WebLinkAboutOrdinance No. 1092 ORDINANCE NO. 1092
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA GRANTING TO CABLE SERVICE OF AZUSA, INC.,
A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN
A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE
CITY OF AZUSA.
The City Council of the City of Azusa does ordain
as follows :
SECTION 1. Unless it shall be apparent from the context
that they have a different meaning, the following words and phrases
when used in this ordinance shall have the meaning hereinafter
specified:
(a ) Grantee shall mean Cable Service of Azusa, Inc.,
a corporation.
(b) Franchise Documents shall mean and include :
I Notice Inviting Sealed Proposals - Applications
for CATV Franchise
II General Instructions to Applicants
III Maps
1. City Facilities
2. Azusa Unified School District Facilities
IV Proposal and Application for CATV Franchise
V Specifications
VI Appendix
1. The Form of Ordinance Granting a Franchise
to Construct, Operate, and Maintain a
Community Antenna Television System
2. The Form of Acceptance of Franchise Signed
by Grnatee
3. Title 14 of the Azusa Municipal Code (Ordinance
No. 1077) entitled Cable Television Franchises
VII The Proposal and Application for CATV Franchise
to Operate a Community Antenna Television System
in the City of Azusa, California, dated October
16, 1974, of Ken Downs/Associates for Cable
Service of Azusa, Inc .
S
SECTION 2. This ordinance is enacted pursuant to the
authority of and the franchise hereby granted is granted subject
to all of the provisions, terms and conditions of Title 14 of the
Azusa Municipal Code entitled, "Cable Television Franchises" .
SECTION 3. Pursuant to the provisions of Title 14 of the
Azusa Municipal Code, a franchise to construct, operate and maintain
a CATV system within the City of Azusa and specifically described
and delineated on the maps filed with the application, as required
by Section 14.11.01 of the Azusa Municipal Code, for a term of
fifteen (15) years from the date of acceptance, is hereby granted
to Grantee with all the rights and privileges and subject to each
and all of the terms, conditions and limitations as set forth in
the "Franchise Documents" and in Title 14 of the Azusa Municipal
Code.
SECTION 4. The schedule of rates and charges which Grantee
shall charge to subscribers to the CATV system is that schedule of
rates and charges set forth in Paragraphs 3, 4, 5, 6, 7, 8, 9, 10,
11 and 13 of the Grantees application. The Standard Form of Service
Agreement contained in Paragraph 12, Exhibit 1, is hereby approved
for use. The Grantee shall not be required to install conduit in
any existing City or school district building at its expense. Any
such installation shall be made at the expense of the City or school
district requesting the installation. The Grantee shall install at
its expense cable drop from the main cable trunk to the nearest point
in a public building form which service can be provided.
Such schedule of rates and charges may be changed only
with prior approval of the Council expressed by resolution.
SECTION 5. As consideration for granting of this franchise
and the rights and privileges thereof, Grantee, during each calendar
year or fraction therof during the term hereof, shall pay to the
City of Azusa, three percent (3%) of its Gross Annual receipts from
operation of the service, or such greater precentage as may at any
time be required by the rules and regulations of the Federal Commun-
ications Commission.
SECTION 6. The CATV system hereby franchised shall be
used and operated solely and exclusively for the purpose expressly
authorized by this ordinance and Title 14, of the Azusa Municipal
Code and no other purpose whatsoever.
SECTION 7. All of the franchise documents pertaining to
the within franchise are hereby incorporated by reference into this
ordinance and shall be deemed a part of this ordinance.
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SECTION 8. This ordinance shall become effective thirty
(30) days from and after its passage and adoption; provided, however,
that the franchise hereby granted shall not become effective unless
and until Grantee files with the City Clerk written acceptance thereof
and an agreement to be bound by and comply with all of the require-
ments thereof, and delivers to the City Clerk the bonds and insurance
policy required to be furnished including a performance bond for
Subscribers in the amount of $10,000, all pursuant to the provisions
of Title 14 of the Azusa Municipal Code. Grantee shall also file
with its acceptance evidence that it is adequately financed to construct
the required system and the franchise hereby granted shall not be
effective unles and until such filing is made and the financing
arrangements approved by the City Council.
SECTION 9. The City Clerk shall certify to the passage
of this ordinance and shall cause the same to be published as required
by law.
Passed and approved this 2nd day of December , 1974.
Mayor
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS .
CITY OF AZUSA
I, ADOLPH A. SOLIS, City Clerk of the City of Azusa, do
hereby certify that the foregoing Ordinance No. was regularly
introduced and placed upon its first reading at a regular meeting
of the City Council on the 18th day of November , 1974. That,
thereafter, said ordinance was duly adopted and passed at a regular
meeting of the City Council on the 2nd day of December , 1974,
by the following vote, to wit :
AYES : Councilmen: Rubio, Arkison, Decker
NOES : Councilmen: Solem, Cruz
ABSENT: Councilmen: None
City Clerk
I do further certify that I caused said ordinance to be
published prior to the expiration of fifteen days from the passage
thereof in the Azusa Herald, a newspaper of general circulation,
printed, published and circulated in the City of Azusa, on the
12th day of December , 1974, and that the same was published
in accordance with law.
l' i • �� ,
ity Clerk
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