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.
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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:
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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
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~2t1tt1/jm..,.(.) / c;{~0i.L/
City Clerk of the City of. Gilroy
fixed the official seal of