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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)