Loading...
Ordinance - 1577• ORDINANCE NO. 1577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING SECTION 11-23 (A) AND 11-23 (B) RELATING TO FRANCHISES FOR COMMUNITY. ANTENNA TELEVISION SYSTEMS. The City Council of the City of West Covina does ordain as follows: SECTION 1. The West Covina Municipal Code, Article II of Chapter 11 entitled "Community Antenna Television Systems" is hereby amended by changing Section 11-23, Subsection A.2. to read as follows: A. 2. Within fifteen (15) days after written notice to Grantee by the City that the City has withdrawn any amount from the Security Fund, Grantee shall deposit or pay to the City a sum of money sufficient to restore such Security Fund to the original amount of one hundred fifty thousand dollars ($150,000). Interest accrued-ih the fund may be -utilized in maintaining the balance at $150,000 and any amount in excess of said $150,000 balance may be withdrawn by the Grantee. SECTION 2. The [Test Covina.Muncipal Cade, Article II of Chapter 11 entitled "Community Antenna Television Systems" is hereby amended by changing Section 11-23, Subsection A.3. to • read as follows: A. 3. If the Grantee fails to pay the City any monies due within the time fixed in this Chapter or the franchise or fails after ten (10) days written notice to pay to the City any taxes due and unpaid; or fails to repay to the City within ten (10) days written notice, any damages, penalties, costs or expenses which the City may be compelled to pay by reason of any act, omission or default of Grantee; or fails after ten (10) days written notice to comply with any provision of this Chapter or the franchise which the City reasonably determines can be remedied or partially cured by an expenditure from the Security Fund, the City may immediately withdraw the amount thereof, including any penalties, from the Security Fund. Upon such withdrawal, the City shall in writing notify Grantee of the amount and date thereof. In the event the Security Fund is insufficient to pay the City for any compensation, damages, penalties, costs of expenses owing to the City pursuant to this Chapter or the franchise, and the Performance Bond is in effect, the bond may be drawn upon by the City for any amount due the City over and above the amount held in the Security Fund. SECTION 3. The West Covina Municipal Code, Article II of Chapter 11 entitled "Community Antenna Television Systems" is hereby amended by changing Section 11-23, Subsection A.4. to read as follows: aC A. 4. The Security Fund shall become the property of the City in the event that a franchise is terminated by the City by reason of a violation of this Chapter or breach of the franchise pursuant to the provisions • of Section 11-22 hereof. SECTION 4. The West Covina Municipal Code, Article II of Chapter 11 entitled "Community Antenna Television Systems" is hereby amended by changing Section 11-23, Subsection A.S. to read as follows: A. 5. Upon application to the City, Grantee shall be entitled to t•he return of all monies remaining in the Security Fund at the expiration of the franchise or any renewal thereof, provided there is no out- standing default of monies owing on the.part of Grantee to the City. SECTION 5. The West Covina Municipal Code, Article II of Chapter 11 entitled "Community Antenna Television Systems" is hereby amended by changing Section 11-23, Subsection B. to read as follows: B. Performance Bond to City. Upon being granted a franchise, and upon the filing of the acceptance required under Section 11-24 hereof, the Grantee shall file with the City Clerk and shall during the first five (5) years of such franchise (year 1 begins with the award of the franchise), maintain in full force • and effect a corporate surety bond or other adequate surety agree- ment in the initial amount of five million dollars ($5,000,000). The n_rincipal sum of said performance bond may be reduced each year by twenty percent (20%) on.'.the first through the fifth annual anniversary date. of the award of -the franchise... Said reduction may not be made whenever Grantee is in violation of anv of the provisions of Article II of Chapter 11 of the -West -Covina Municipal Code or in violation of anv provision of the franchise pursuant to Section 11-22 herein. The bond or agreement shall be so conditioned that in the event that Grantee fails to comply with any one or more of the provisions of this Ordinance or of such franchise, then there shall be recoverably jointly and severally from the principal and surety any damages of loss, or costs suffered or incurred by the City as a result thereof, including attorney's fees and costs of any action or proceeding, and including the full amount of any compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond. Said condition shall be continuing obligation during the term of the bond and thereafter until Grantee shall have satisfied in full any and all obligations to the City which arise out of or pertain to said franchise. Neither the provisions of this Section, nor any bond accepted by the City thereunder shall be construed to excuse faithful performance by the Grantee, or limit the liability of the Grantee under any franchise issued pursuant to • this Ordinance or for damages either to the full amount of the bond, or otherwise. lwm SECTION 6. 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 14th day of February, • 1983. ZLk Mayor ATTEST: /�!• roariny Clerk State of California ) County of Los Angeles ) ss. City of West Covina ) I, HELENE M. MOONEY; City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1577 • was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of January , 1983. That, thereafter, said Ordinance was duly adopted and passed at a.regular meeting of the City Council on the 14th day of February , 1983, by the following vote • to wit: AYES: Councilmen: Bacon, Tennant, Shearer, Chappell, Tice NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM: CI a, -.4 - , , " Il0'z i y Att rn -3- City Cler 0 CERT IF ICAT ION State of California ) County of Los Angeles ) ss. City.of West Covina ) I, JANET BERRY, Deputy City Clerk of the City of West Covina, Sta.te of California., do hereby certify that a true and accurate copy of Ordinance No. 1511 was published, pursuant to law, in the West Covina. Tribune, a. newspaper of general circulation published and circulated in the City of West Covina. �61' Berry, Deputy C ty Clerk City of West Covina, California Datedy 3 n U