HomeMy WebLinkAbout46.2 ORDINANCE NO. 46.2
ORDINANCE TERMINATING CATV FRANCHISE --
CALIFORNIA CABLE TELEVISION CORPORATION
WHEREAS, on the 19th day of August, 1970, at the hour
of 8:00 o'clock P.M. of said d~y, at a regular meeting ofthe
City Council of the City of Saratoga, a public hearingwas had
pursuant to Section 4-205 of the Saratoga City Code, after
30 days prior notice of the sa~e, to determine whether or not
the franchise heretofore granted to California Cable Television
Corporation for a CATV System in the City of Saratoga should be
terminated by reason of the failure of the grantee to comply'
with certain conditions, obligations, provisions and terms of
said franchise and of the Saratoga City Code in relation there-
to, and
WHEREAS, on the 19th day of February, 1969,Ordinance
No.'46 was~passed and adopted by this Cquncil, granting said
franchise on certain terms and provisions, and
WHEREAS, said grantee Hid not proceed to render service
to subscribers within 12 months from date'Of s~id franchise,
nor within any extensions granted thereto, nor at all; and said
grantee did not provide service to all areas to be served,
within one year from date ser~ice~was first provided, nor at
any time, nor at all; and sai~ grantee did not commence con-
struction within the time limits as provided by Section 4-209(b),
~or did said grantee comply. with the provisions of SeCtion
4-209(c), of the Saratoga Cit~ Code, and it further appearing
that as of the date of said hearing, some 17 months have
expired s~nce the date that said grantee accepted said fran-
chise, and all of the conditions and provisions thereof, in
writing, and said grantee has'not yet even commenced construc-
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tion or installation of its h~ad-end, and said grantee at
said hearing having conceded that it has not,. and cannot
comply with the terms and provisions of said franchise, and
good cause appearing therefor,
NOW, THEREFORE, the City Council of theCity Of saratoga
does hereby ordain as follows~
Section 1: All the s[atements of the preamble to this
ordinanceiare hereby referred to and incbr-
porated herein by reference, and shall bonsti~ute findings of
fact of this. Council.'
Section 2: That certain franchise to construct, 6perate
and maintain a CATV system within the city
limits of the City of Saratoga, heretofore granted to California
Cable Television Corporation under and by virtue of the terms
of.Ordinance No. 46 of this City heretofore passed and adopted
on the 17th day of February, 1969, be and the same is hereby
terminated. Default having been made under the terms and pro-
visions of the aforesaid franchise hereinabove terminated, that
certain performance bond issued by Seaboard Surety Company, and
being Bond No.7169~2~ dated March 10, 1969, andin the principal
sum of $25,000.00,is hereby not released or discharged, and the
City Manager is directed to make an investigation and report
to this Council within90 day~ as to the nature and extent of
any damages which have to date, or may-in the future be sus-
tained by this City by virtue~of said default.
The above and foregQing ordinance was regularly introduced
on the 2d day of September, 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 held on the 16th day~of September , 1970, by the
following vote:
AYES: Councilmen Robbins, Smith, Dwye~, Sanders, Bridges
ABSENT: N~ ; -
: MAYOR
~ ~ ~ !LE ' ~e above and fore ing is a tr~e and correct
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