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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 -2- 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: <. '>( .,/ 1 Mayor / I / --._~.,_.~".- - _/t v. .. ..;<: ~ 0>>',.' 1 <' ATTEST: .~'/ ./~) ":~</t."'):>~';,,< ~."'" . <- I /' ,-.j t.'~', .....i,--i.,~~....- .,"'- ! City Clerk / ,/ -3- " 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