1981-361RESOLUTION 81R-361
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
~~'° OF ANAHEIM DECLARING ITS INTENTION TO AMEND
ORDINANCE NO. 4087 GRANTING STOKER CABLE T.V.,
INC. THE NONEXCLUSIVE RIGHT, PRIVILEGE AND
FRANCHISE FOR THE INSTALLATION AND OPERATION
OF A CABLE TELEVISION COMMUNICATION SYSTEM IN
THE CITY OF ANAHEIM.
WHEREAS, the City Council did on the 26th day of
December, 1979, adopt Ordinance No. 4087 granting Storer
Cable T.V., Inc. a nonexclusive cable communication franchise
ordinance; and
WHEREAS, the City Council does deem it necessary to
amend said ordinance; and
WHEREAS, Section 1401 of the Charter of the City of
Anaheim requires that the City Council pass a resolution to
declare its intent to amend said franchise; and
NOW, THEREFORE, BE IT RESOLVED that it does hereby
declare its intention to amend Ordinance No. 4087 granting to
Storer Cable T.V., Inc. the nonexclusive right to install a
cable communication system pursuant to the provisions of
Ordinance No. 4087 within the City of Anaheim.
BE IT FURTHER RESOLVED that any person having any
interest in, or objection to, the amendment of said franchise
ordinance may be heard on the 8th day of ~S.~gtem er 1981,
at 3:00 p.m., or as soon thereafter as t'ne matter may be heard.
BE IT FURTHER RESOLVED that the City Council does
hereby declare that it proposes to grant said franchise upon
the following terms, conditions and in the form as follows:
"ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 4087 PERTAINING
TO CABLE COMMUNICATION SERVICES IN THE
CITY OF ANAHEIM.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That SECTION 30, entitled "CONSTRUCTION" of
Ordinance No. 4087 be, and the same is hereby repealed.
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SECTION 2.
That a new SECTION 30 entitled "CONSTRUCTION"
is hereby enacted by the City Council to read as
follows:
SECTION 30. CONSTRUCTION
Grantee does agree as stated in its proposal
to commence construction of its Cable Communication
System within thirty (30) days of the date of Ordinance
No. 4087, and will diligently proceed with all construc-
tion thereunder so as to cause Phase 1 to be completed
within fifteen (15) months from the date of execution
of Ordinance No. 4087; and Phase 2 shall be completed
within twenty-five (25) months from the date of
execution of Ordinance No. 4087; and Phase 3 within
thirty-six (36) months of the date of execution of
Ordinance No. 4087.
SECTION 3.
That a new SECTION 37 entitled "PROPOSED
SERVICES" is hereby enacted by the City Council to read
as follows:
SECTION 37. PROPOSED SERVICES
Proposed channel configuration to be furnished
subscribers of the Cable Communication System shall be
as approved by the City Council by resolution from time
to time.
SECTION 4. LENGTH OF FRANCHISE
For and in consideration of the sum of
$100,000.00 paid by grantee to grantor on the effective
date of this ordinance all prior penalties imposed for
any failure of grantee pursuant to Ordinance No. 4087,
are hereby waived and the length of the franchise shall
be fifteen (15) years from the effective date of
.....,. Ordinance No . 4087 .
SECTION 5. SEVERABILITY
The City Council of the City of Anaheim hereby
declares that should any section, paragraph, sentence
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or word of this chapter of the Code hereby adopted
be declared for any reason to be invalid, it is the
intent of the Council that it would have passed all
other portions of this chapter independent of the
elimination herefrom of any such portion as may be
declared invalid.
SECTION 6. SAVINGS CLAUSE
Neither the adoption of this ordinance nor
the repeal hereby of any other ordinance of this
City shall in any manner affect the prosecution for
violations of ordinances, which violations were com-
mitted prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or
the penal provisions applicable to any violation
thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance
provisions previously adopted by the City relating
to the same subject matter, shall be construed as
restatements and continuations, and not as new
enactments.
SECTION 7.
The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be printed
once within fifteen (15) days after its adoption in the
Anaheim Bulletin, a newspaper of general circulation,
printed, published and circulated in said City, and
thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and
adopted by the City Council of the City of Anaheim this
day of
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM"
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to publish this resolution within
fifteen (15) days of its passage in the Anaheim Bulletin, a
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newspaper of general circulation, printed, published and circu-
lated in said City, and thirty (30) days from and after its
final passage, it shall take effect and be in full force.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 4rh day of
August, 1981.
ATTEST: LINDA D. ROBERTS, CITY CLERK
DEPUTY CITY CLERK OF THE CITY OF ANAHEIM
FAL:jh
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, d~ hereby certify that
the foregoing Resolution No. 81R-361 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 4th day of August, 1881, by the following vote of the members thereof:
AYES: COUNCIL PiFMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 81R-361 on the 4th day of August, 1881.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of August, 1g81.
LINDA D. ROBERTS, CITY CLERK
BY
DEPUTY CITY CLERK
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-361 duly passed and
adopted by the Anaheim City Council on August 4, 1g81.
LINDA D. ROBERTS, CITY CLERK
BYlL~-- ~
DEPUTY CITY CLERK