Ordinance 1984-06 ORDINANCE NO. 84-6
ORDINANCE OF THE CITY OF GILROY GRANTING
A FRANCHISE TO FALCON CABLE TV OF NORTHERN
CALIFORNIA TO CONSTRUCT, OPERATE AND MAINTAIN
A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN
THE CITY OF GILROY.
The Council of the City of Gilroy does ordain
as follows:
Section 1: This Ordinance is enacted pursuant
to Chapter 24, Article III, of the Gilroy City Code entitled
"Community Antenna Television Systems".
Section 2: Pursuant to the proviaions of said
Chapter 24, Article III, of said Code, a franchise to
construct, operate and maintain a CATV System as the same
is defined in said Code within the City of Gilroy for a term
of fifteen (15) years is hereby granted to FALCON CABLE TV
OF NORTHERN CALIFORNIA, a partnership composed of three
corporations, BLACKHAWK CObflvfUNICATIONS CORPORATION, ADVANCE
CORPORATION and FALPRO CORPORATION, hereinafter referred to
as "grantee", with all of the rights, and privileges, and
subject to each and all of the terms and conditions of said
Ordinance, and grantee's application.
Section 3: Pursuant to the provisions of said Chapter
24, Article III, of said Code, the schedule of rates and
charges filed as required by Sections 24.81 to 24.86, inclusive
of said Code and heretofore approved by Council Resolution
shall remain in effect until further action of the Council.
Section 4: Pursuant to the provisions of
Section 24.95 of the Gilroy City Code, grantee shall, during
ORDINANCE NO. 84 - 6
the term hereof, pay quarterly to the City of Gilroy a sum
of money equal to three percent (3%) of the total gross
receipts collected or receipts collected or received by the
grantee or in any manner gained or derived by the grantee
during the quarter, or portion thereof, from the properties,
operations and business for which it has been granted a franchise.
Said quarterly payments shall be made within thirty (30) days
from and after the end of each quarter of each calendar year,
and the payment shall be accompanied by a statement in
duplicate verified by the grantee, or by other duly authorized
representative of the grantee, showing in such form and detail
as the city's Director of Finance may require from time to
time the facts material to a determination of the amount due.
Section 5: The CATV System herein franchised shall
be used and operated solely and exclusively for the purpose
expressly authorized by Chapter 24, Article III, of the
Gilroy City Code and no other purpose whatsoever~
Section 6: This Ordinance shall become effective
thirty (30) days from and after its passage and approval;
provided, however, that the franchise hereby granted shall
not become effective unless and until grantee files written
acceptance thereof and an agreement to be bound by and comply
with all of the requirements thereof, and delivers to the City
the bond and insurance policies required to be furnished, all
pursuant to the provisions of said Chapter 24, Article III,
of said Code.
-2-
This ordinance was introduced and ordered published
by title and summary at a regular meeting of the City Council
held on the 2nd day of April, 1984, and finally adopted at
a regular meeting of said council held on the 16th day of
April, 1984, by the following vote:
AYES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM,
PATE, VALDEZ and HUGHAN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALBERT
APPROVED:
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 84-6
I, SUSANNE E. STEINMETZ, City Clerk of the City of
Gilroy, do hereby certify that the attached Ordinance No. 84-6
is an original ordinance, duly adopted by the Council of the City
of Gilroy at a regular meeting of said Council held on the 16th
day of April
present.
, 19 84 , at which meeting a quorum was
affixed the Official Seal of the City of Gilroy, this 17th
IN WITNESS WHEREOF, I have hereunto set my hand and
day
of April , 19 84 .
/City Clerk of the Cify of Gilro~
(Seal)