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Ordinance 779 ORDINANCE NO. 779 ORDINANCE OF THE CITY OF GILROY GRANTING A FRANCHISE TO GILROY CABLE T.V. t A COPARTNERSHIP COMPOSED OF FRANK CALIRIc BEN TSUDAt AND EDWIN DRISCOLLt JR., TO CONSTRUCTt 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 the authority provided in and by all of the provisions, terms and conditions of Ordinance No. 759 of the City of Gilroy, adopted on the 1st day of November, 1965, now set forth and designated as Article III of Chapter 24 of the Gilroy City Code, said Article III being entitled "Community Antenna Television Systems", full and complete copies of which Ordinance are on file in the office of the City Clerk. Section 2: Pursuant to the provisions of said Ordinance No. 759 and said Article III of Chapter 24 of said code, a franchise to construct, operate and maintain a CATV System as the same is defined in said Ordinance within the said City of Gilroy for a term of Twenty-Five years is hereby granted to Gilroy Cable T.V., a copartnership composed of FRANK CALIRII BEN TSUDA, and EDWIN DRISCOLLI JR., 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 granteets application. Section 3: Pursuant to the provisions of said Article III of said Chapter 24 of said code, the following schedule of rates and charges filed as required by Sections 24.81 to 24.86, inclusive of said Code is hereby approved. Residential installation $19.95 commercial installation 19.95* Additional Residential Outlet(s) 14.95 Additional Commercial Outlet(s) 14.95* *May vary on individual installation. (ll 'I '7 C,./i , ,I I . / ..-~. MONTHLY SERVICE CHARGE (s) Residential - 1st Outlet-Monthly Service Charge $4.75 Commercial - 1st Outlet-Monthly Service Charge 4.75 Residential-Additional Outlet(s) Monthly Charge 1.00 Commercial-Additional Outlet(s) Monthly Charge 1.00 Grantee shall charge CATV subscribers rates and charges in accordance with the foregoing schedule and no increase therein may be made without the prior approval of the City Council expressed by Resolution. Section 4: Pursuant to the provisions of Section 24A-70 of Ordinance 759 (Section 24.95 of Article III, Chapter 24, of said Code), grantee shall, during 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 under the provisions of this Article; provided that no such payment need be made for one hundred eighty (180) days immediately following the effective date of the ordinance granting the 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 state- ment 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 Ordinance of the City of Gilroy 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 (2) 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 Ordinance No. 759. This ordinance was introduced and ordered published by title and summary at a regular meeting of the City Council held on the 3rd day of October, 1966, and finally adopted at a regular meeting of said council held on the 24th day of 'Oct0ber, 1966, by the following vote: AYES: COUNCIIMEMBERS :A 11 emand, Duff in, Eckard,Goodr i ch, Quartiroli, and Wentworth. NOES: COUNCILMEMBERS :None ABSENT: COUNCILMEMBERS : Petersen APPROVED: COUNCIL OF THE CITY OF GILROY e~({ t'~? Mayor Protempore ATTEST: ." ') "( ./ -) )' )' / -:/., , ,/ t ()tcnl~t~:'Cl~~l/l'V-/ / \) ( 3) I , SUS~NNE E. PAYNE ,City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 779 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 24th day of Oct0ber , 19~, at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and af- October , 19 66. - the City of Gilroy, this 25th' of ./ ~2t1tt1/jm..,.(.) / c;{~0i.L/ City Clerk of the City of. Gilroy fixed the official seal of