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Grantee by the City that the City has withdrawn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excess of said $150,000 balance may be withdrawn by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.
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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
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City Cler
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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
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