HomeMy WebLinkAbout46.1 0RD INANCE NO. 46.1
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
ORDINANCE NO. 46, MODIFYING CERTAIN PROVISIONS
OF THE FRANCHISE HERETOFORE GRANTED TO CALIFORNIA
CABLE TELEVISION CORPORATION FOR ACATV SYSTEM
IN THE.CITY OF SARATOGA..- ....
The City Council of the City of Saratoga does hereby
ordain as follows: '
Section 1~ Ordinance ~No. 46, heretofore passed' a~d
the
adopted by this Council on 19th day -
of February, 1969~ and the franchise therein granted, is\hereby
amended as hereinafter set forth, and whenever any of said.
amendments are in conflict with any of the provisions of
Sections 4-200 through 4-223 of the Saratoga City Code, such
provisions of Said sections are hemby superseded as to grantee,
California Cable Television Corporation only, and are not super-
seded as to any other grantee;
Section 2: The main transmission cable of grantee,
' California Cable Televisi6n Corporation,
which is being installed overhead from its headend'i located
outside of the limits of thisCity, may continue to be installed
and maintained overhead on existing utility poles along Bohlman
Road within the limits of this City, from the intersection of
Bohlman Road with the South City limit line, Northerly alone
said road to the last pole on the South side Of the intersection
of said Bohlman Road with Norton Road, and thereafter shall be.
fully underground from said point on. This shall constitute
an exception, as to this Grantee, to the provisions of Section
4-210.(a) of the Saratoga. Cit~ Code.
The difference in cost (saving) to the
Grantee between the originally contemplated undergrounding of
said transmissiOn cable, and the overheading of the same, from
the aforesaid Southerly City limit line at Bohlman Road to
the intersection of Bohlman and Norton Roads, shall.be computed
by City's Director Of Public Works, and.said sum shall be paid
to City in addition to the sums otherwise provided by Section
4-206 of the Saratoga City Code. and Section 4 of Ordinance
the . ,
1970.
Section 3: The minimum monthly payments of $100.00
· per month as more particularly referred to
6
in Section 4 of Ordinance No.~46, and Section 4-20 of the
Saratoga City Code, shall commence with the month of July ,.
1970, and shall be payable on the 1st day of said month and
each and every month thereafter. The payment of said sum, and
the acceptance of same by City, shall in no way waive any rights
that City might have to terminate said franchise by virtue of
any failure of Grantee to con~nenee and continue service in
-1-
accord with the time limits as provided by said franchise
in the City Code provisionsltherein referred to, or by reason
of any other breach or defaul~ by Grantee.
Section 4: In reference to Section 2 hereof, and the
permitted overheading on existing utility
poles along a portion of Bohlman Road within the limits of
this City, at such time as the utilities utilizing said poles
shall be undergrounded, then contemporaneously therewith the
Grantee shall likewise underground the corresponding portion
of its transmission cable, at~ the Grantee's cost and expense.
Section 5: This ordinance shall take effect and be
in full fbrce and effect thirty (30) days
after its passage and adoption; provided, however, that in no
event shall this ordinance become effective unless and until
the Grantee files a written acceptance of this modification
to said franchise, which acceptance shall contain an agreement
to be bound by and com~ly with the additional requirements
hereof, within said 30 days after this ordinance's passage
and adoption. In the event of the expiration of 30 days from
and after the date of passage hereof, without Grantee having
executed and delivered such written acceptance to City, un-
qualified and-unconditional, and upon a form as approved by
City's attorney, then this ordinance shall not be of any force
or effect whatsoever, and shall be void.
The above and foregoing ordinance was regularly intro-
duced on the. 6. t,h day of May ; , 1970, and after the
waiting time required by law,~was thereafter passed and adopted
by the City Council of the City of Saratoga at a regular
meeting of said Council hel~ on the 20th day of May , 1970,
by the following vote:
AYES: ~G~jlm0~ ~0bbln~, Smith, Dwyei, 8andoro,
NOES: N~
,; .
ABSENT:
Mayor
ATT ': ....
C, ity ~!~,y~_~'~,, .; ~e above and foreg i g iS a
~ ~- ' i cop~, of Ordinance ~ true and correct
I puOi~ed according to law, which has ~een