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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 That SECTION 30, entitled "CONSTRUCTION" of Ordinance No. 4087 be, and the same is hereby repealed. -1- 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 -2- 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 -3- 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 -4 - 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