HomeMy WebLinkAboutResolution - 1813 RESOLUTION NO. 1813
A RESOLUTION OF THE CITY COUNCIL OF SAN
JACINTO, CALIFORNIA, GRANTING A NONEXCLUSIVE
FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN
A CABLE TELEVISION SYSTEM WITHIN THE CITY OF
SAN JACINTO TO JONES INTERCABLE OF SAN DIEGO,
INC. FOR A TERM OF FIFTEEN (15) YEARS
WHEREAS, on June 18, 1985, the City Council of the City of
San Jacinto, California ("City Council") adopted Ordinance No.
786 relating to franchises for cable television systems;
WHEREAS, Section 2 (a) of Ordinance No. 788 provides that the
City Council may grant a nonexclusive cable television franchise
by resolution;
WHEREAS, on October 16, 1988, Jones Intercable of San Diego,
Inc. applied for a nonexclusive franchise to install, construct,
operate and maintain a cable television system in the City of San
Jacinto, which application was supplemented by letter dated
November 17 , 1968 ; and
WHEREAS, the City Council finds that Jones Intercable of San
Diego, Inc. is qualified to receive the franchise for which it
has applied and therefore desires to grant such a franchise;
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council hereby grants a nonexclusive franchise
to Jones Intercable of San Diego, Inc. ("Grantee") to install ,
construct, operate and maintain a cable television system within
the following portions of the City of San Jacinto ("City") as the
City may from time-to-time be constituted:
a. The area in the City currently being
developed by Parkland Associates (a
California limited partnership of which Rice-
Young Pacific, Inc. is the general partner)
which is generally depicted on the map of
Tract No. 21564-1. This area is among the
areas depicted on the map which accompanied
Grantee' s October 18 application.
b. The area in the City currently being
developed by PR Equities (of which Peacock
Radacker is the general partner) . This area
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is also among the areas depicted on the map
which accompanied Grantee's October 18
application.
c. The area in the City currently being
developed by 5oboba, a California limited
partnership. This area is also among the
areas depicted on the map which accompanied
Grantee' s October 18 application.
d. All areas in the City not currently
developed and not currently served with cable
television. These areas are also among those
depicted on the map which accompanied
Grantee' s October 18 application.
e. All areas annexed to the City in the
future which at the time of annexation are
not developed and not served with cable
television.
2 . The term of the franchise shall be fifteen (15) years,
commencing on the date Grantee accepts the cable television
franchise granted pursuant to this resolution.
3 . For each calendar year during the term of the franchise
granted pursuant to this resolution, Grantee shall pay to the
City a franchise fee in the amount of five percent (5t) of
Grantee ' s gross receipts during the year from its subscribers in
the City, which fee shall be due and payable in the manner
prescr' bed in and otherwise subject to the terms and conditions
of Section 5 of Ordinance No. 788 .
4 . Upon Grantee's accepting the cable television franchise
granted pursuant to this resolution, Grantee shall file with the
City Clerk an insurance certificate or certificates as prescribed
by Section 6 (e) of Ordinance No. 788 and a performance bond as
required under section 6 (g) of Ordinance No. 788 which
performance bond shall be in the amount of $300, 000. 00.
5. The transferability of the cable television franchise
granted pursuant to this resolution is limited by the terms of
section 7 of Ordinance No. 788.
6. The form of Grantee ' s acceptance of the cable
television franchise granted pursuant to this resolution shall
contain a statement that the Grantee has read and is familiar
with the terms and conditions of Ordinance No. 788 and agrees to
faithfully comply with the terms and conditions thereof, except
that the City Council and Grantee mutually acknowledge that the
provisions of Ordinance No. 788 which pertain to rebuilding the
cable television system which was in place at the time Ordinance
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No. 788 was passed and adopted in 1985 do not apply to Grantee,
and Grantee has no obligation to comply with such provisions.
7. This resolution shall take effect and shall continue
and remain in effect from and after the date of its passage and
adoption by the City Council, provided that the cable television
franchise granted pursuant to this resolution shall not become
effective unless and until such time as Grantee files with the
city clerk its written acceptance of and agreement to the terms
and conditions of such franchise and all rules and regulations of
the City with respect thereto.
MOVED, PASSED and ADOPTED this 7th day of March , 1989 by
the following vote:
AYES: Councilmen Divine, Redding, Boykin, Rose and Ford
NOES: None
ABSENT: None
ABSTAIN: Noje
ATTEST:
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Mayor
J
CSeputy City Clerk
CERTIFICATE
The foregoing is certified to be a true copy of Resolution No. 1813 duly
adopted by .he City Council of the City of San Jacinto on the date set forth
therein.
Deputy City Clerk
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