Ordinance 791
ORDINANCE NO. 7q 1
ORDINANCE OF THE CITY OF GILROY AMENDING
SECTION 24.48 OF THE GILROY CITY CODE BY
AUTHORIZING ACCEPTANCE OF BOND OF FRANCHISE
HOLDER MADE JOINTLY TO CITY OF GILROY AND
COUNTY OF SANTA CLARA.
WHEREAS, The Council has heretofore adopted Ordinance No.
759 now codified as Chapter 24 of the Gilroy City Code, providing
for the establishment of Community Antenna Television systems
in Gilroy and the conditions and regulations applying thereto,
one of which is the requirement set forth in Sec. 24.48 as amended,
of said Code, that the grantee of a CATV franchise, at his own expense,
furnish and keep continuously in effect during the life of the
franchise, a bond in the penal sum of Fifty Thousand Dollars
($50,000.00) conditioned upon the faithful performance by the
grantee of the franchise and upon other conditions set forth in
said Sec. 24.48, as amendedi and
WHEREAS, after due proceedings in accordance with said
Chapter 24 of said Code a C.A.T.V. franchise has been awarded and
the grantees of the franchise have arranged to furnish the said
bond but cannot run or bring the necessary conduits into the
City of Gilroy without using a Santa Clara County right-of-way
or easement along a public road and said County of Santa Clara
has refused to grant said right unless an additional bond in the
penal sum of Fifty Thousand Dollars ($50,000.00) is furnished by
the franchise holder to the County, and tre cost of the two bonds
is more than the franchise justifiesi and
WHEREAS, the said County of Santa Clara has now agreed to
grant a license to said holders of the City of Gilroy franchise
authorizing them to use certain parts of the County of Santa Clara
highway system for the purpose of extending the C.A.T.V. System
into the city of Gilroy upon the condition that one bond only
in the penal sum of Fifty Thousand Dollars ($50,000.00) be
furnished by the franchise holders in which both the City of
Gilroy and the County of Santa Clara shall be the joint obligees
which shall be conditioned as now provided for in said Section 24.48
of said Gilroy City Code, as amended, except as modified by this
Ordinance and the requirements of the County of Santa Clara, and
to make such a bond acceptable to the City of Gilroy requires the
further amendment of said Section 24.48 of said Code, as herein-
after set forth;
NOW THEREFORE, The Council of the City of Gilroy does ordain
as follows:
Section 1. Section 24.48 of saidGilroy City Code is hereby
amended by adding a new subdivision thereto to be designated
subdivision (c) to read as follows:
(c) In lieu of the bond required by the provisions
of Subdivisions (a) and (b), the grantee of any
Community Antenna Television System may furnish
a bond conditioned in accordance with the foregoing
portions of the Ordinance and such non-conflicting
provisions as the County of Santa Clara may require
infue penal sum of Fifty Thousand Dollars ($50,000.00)
but with the City of Gilroy and the County of Santa
Clara as joint and several obligees, the total amount
payable under said bond, however, not to exceed said
sum of $50,000.00.
Section 2. All Ordinances and parts of Ordinances in
conflict herewith are hereby repealed.
Section 3. This is an emergency ordinance, and shall take
effect immediately upon its adoption and approval; the reasons
for the existence of the emergency are those set forth in
Ordinance No. 786 amending said Sec. 24.48 of the Gilroy
City Code - without the change herein set forth in the bond
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requirements, the people of the City of Gilroy will be deprived
of the advantages and benefits of a Community Antenna Television
System and the holders of the present franchise cannot secure
any benefits therefrom or commence any operations thereunder.
PASSED AND ADOPTED This 20th day of March, 1967g by
the following vote:
AYES:
COUNCILMEMBERS: All emand, Duff in, Eckard,Goodr i ch,
Wentworth, and Petersen.
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCI LMEMBERS :. Qua r t i ro 1 i
APPROVED:
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Mayor
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City Clerk
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I, SUSANNE E. PAYNE ,City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 791 is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 20th day of March , 19 67 ,at which meeting
a quorum was present.
further certify that the said ordinance has been pub-
lished in accordance ~,ith the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed e City of Gi lroy, this 22nd day of