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Home My WebLink AboutCC Ord 1268 1988-02-01 ORDINANCE NUMBER /0268 An Ordinance of t~-. ~ity of Seal Beach Approving Amendment Number Five to the Franchise Agreement Between the City of Seal Beach and Comcast Cablevision THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY ORDAINS: WHEREAS, the City of Seal Beach and Comcast Cablevision have entered into a franchise agreement for the provision of cable services for the City of Seal Beach; and I WHEREAS, the City of Seal Beach and Comcast Cableviaion have agreed to amend that franchise agreement. WHEREAS, the City Clerk ahall. certify to adoption of this Ordinance and shall published as required by law. the passage and cause same to be NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Seal Beach hereby approves Amendment #5 to the franchise agreement attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL of the C~r,.. of Seal Bea C lifornia, at a meeting thereof held on the ~~ day of 19 by the f llowing v e: ~ I AYES: Councilmem ers NOES: Councilmembers ABSmT: Councilmembers STATE OF CALIFORNIA) COUNTY OF ORANGE )55 CITY OF SEAL BEACH I, Joanne K. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that t~e~!~regoing ordinance is the origina py of Ordinance Number ~~ on file in the q~~~e of the i Clerk, introduced at a meeting held on the ~tr!f day of , 1988, and passed, approved and ado ted ouncil of the Cit~~j Seal Beach at a i hel on the ~ day of 1988 by th ollowing ote: AYES: Councilmembers I NOES: ABSENT: Councilmembers and do hereby further certify that Ordinance Number- /~~ If has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Ordinance Number ~.2~~ , "EXHIBIT A" AMENDMENT NUMBER FIVE TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND COMCAST CABLEVIS!ON This Ameadment Number Five to the Franchise Agreement between the City of Seal Beach, Cslifornia and Comcast Cablevision is made I this day of , 1988, by and between the CITY OF SEAL BEACH, a Municipsl Corporation, hereinafter referred to as the "CITY" or "GRANTOR" and COMCAST CABLEVISION, hereinafter referred to as "COMCAST" or "GRANTEE." WHEREAS, the City and Grantee executed the Franchise Agreement on March 8, 1982; and NOW, THEREFORE, the Franchise Agreement as parties follows: do hereby agree to amend the Section 1. Exhibit B (Application for Cable Television Franchise dated July 2, 1981) of the Franchise Agreement between the City of Seal Beach and Comcast Cablevision is hereby amended to substitute the following language for Form K, Commitment to Local Originated Programming and Access Support (pages 3, 3a and 3b): J For the years 1988, 1989, and 1990, Comcast will provide the following programming services: a) it will cover and cablecsst local events of interest and value including but not necessarily limited to 25 programs funded by the Foundation: b) it will maintain and operate facilities, including the studio, to provide production services for access . and. commercial producers; c) provide public access ,'- -training; d) maintain and operate facilities to . ,.ca'b"!ecast public access programs and non- commercial government information programs; e) supply equipment and staff to meet these obligations; f) provide expert assistance to the City and recommend appropriate vendors should the City desire to purchase equipment for its own use. On March 8, 1991, this section will revert back to the commitment outlined in Form K of Exhibit B to the.Franchise Agreement. I Section 2. Section 3D of the Franchise Agreement is hereby amended to read as follows: I Grantee shall file with Grantor the reports required by Section 23A-6(3) of the Code at the time stated therein except that in lieu of Section 23A-6(3)(a)(1), Comcast will provide the City of Seal Beach with an annual statement of gross receipts audited and certified by an outside accounting firm. Grantee shall provide Grantor with such other information as requested by Grantor in the form specified by Grantor with respect to Grantee's operations within the City. Grantee shall also provide a copy of all correspondence between Grantee and the FCC or any other public agency having jurisdiction over the system to Grantor. Ordinance Number ~~ Section 3. Section 5.E of the Franchise Agreement, Performance Testing, is hereby amended to read as follows: The Grantee shall operate and maintsin the cable television system within FCC technical performance specifications and shall provide to the City of Seal Beach copies of its Annual Proof-of- Performance testing results. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate, the day and year first written above. I CITY OF SEAL BEACH, A Municipal Corporation COMCAST CABLEVISIONS, A California Corporation ATTEST: Joanne Yeo, City Clerk I I I I I Ordinance Number /.2M . PROOF OF PUBLICATION 12015.5 C.C.P.1 STATE OF CALIFORNIA. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or interested in the above.entitled matter, I am the principal clerk of the printer of the .. SEAL BEACH JOURNAL .................................................... .................................................... a newspaper of general circulation, printed . WEEKl Y and published .................................. in the City of .....~.~~~...~~.~,~!'!...........~ County of' Orange. and wh Ich news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of Calitornla, under the date 0'... ~.7.~~ 19 .1.~. Case Number .AB2.5.6,J....; that the notice. of which the annexed Is a printed copy (set in type not 'smaller than nonpareil"I, has been published in each regular and entire issue of said newspaper and not In any sup ent thereof on the following dates, ~~:..~t.:. ~.,..a.&.................. all in he year 19.~ I ce tlfy lor declarel under penalty of perjury that the foregoing Is true and correct. . SEAL BEACH Dated at......................................... cf1f~n~'a. thi~.Q.1..dayOf.../... 19.8.8 ..U.LMd%~. , . Fret' cople. of 1IIIID,.nk lor.. m.y.. "c",..',om: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. ""' Legal Advertising Clearing House 120 West Second St., Los Angeles, Calif. 90012 Telephone: 12131625.2541 Pl.... r,qu." GENERAt "".0101 PulUlutlon ..................1.... ........._ "". This space Is for the County Clerk's Filing Stamp .~~.~(g.V&1.~...QQ.....I.~<og .......................................................... ..,- ...- ..--. ..-- . " . - -, au_AllY : ~ ORDINANCE NUlI8EIllZ18 ~6Aa.E TELEVJIION flIANCIlISE . , ~AIIENOIIENT f' '0nI0_NumboI1268oftlleCill:of 'SoIl Beach. Amendi,. "'. FranchlSO ~nt bo_n "'. City of Seal 'Bloch Ind _ Clblevision wi'" ~ ID cont.nulllon of pIISInt lac.1 PftIIJImmil'll_rvtces. mlintenance of u1sti,. requillmenls far dac:um_.. \Ion '" _rociopts; II1d portonnonCl testlnl ID comply wfth FCC "re. qulrements, and performance testlnl IDcomply wi'" FCC _I~. ~ introduc:ed 1\ tile ....1.. City Council meetl... of JonUIIY lB. 1988. First roidl... of Ordilllnce Numbel 126B _ opplOVld by tile lallowinl_' 'AYES. Clift. GIpI. Hunt. R_r. Wilson . .NOES, N.... Mobon CI~d Ordinance Number 1268 ~II receIVe JeCQnd rudin.lnd be considered ~r adoption lit the reau1ar City Cou~11 , meetinl'" Fobruory 1. 1988. Cop" i of Ordinance Humber 1268 are 1VI1l1b1e In tile offiCI of tile City Cieri<. , C.ty Hili 211 . 8tl1 Stroot. Seal .. Beach to'l""".... 1213) 431-2527... ~TE~ this 19th dIy at JanUIrY, ~ ~lrie M. V... City ClerK ; "City of SIll Beech . ...nuory 28. 1988. ~ Mllshed in ThO JloIIIIIl!!:h Journal. , Ordinance Number ~ PROOF OF PUBLICATION 12015.5 C.C.P.I STATE OF CALIFORNIA. County of Orange I am a citizen 01 the United States and a resident of the County a'oresald; I am over tt,e age of eighteen years. and not iI party to or interested In the above.entitled matter. I am the principal clerk 0' the' printer 0' the SEAL 'BEACH JOURNAL .................................................... .................................................... a newspaper of general circulation, printed , , WEEKL Y and published ............... ............... .... In the City 0' .....~.~~~...~~.~.~~............ County 01 Orange, and which news. paper has been adjudged a newspaper 0' general circulation by the Superior Courf of the County of Orange. State of California, under the date of... ~.7.~~ .19.1.5. Case Number .AllZ5.6J....; that the notice. of which the annexed Is a printed cOI?Y (set in type not 'smaller than nonpareill. has been published in each regular and entire Issue f said newspaper and not in any suppl ment thereo' on the following dates. ..:... .tj):...... ~..l........................ all In the year 19.~', I certify lor declarel under penally 0' perjury that the foregoing Is true and correct, D'a~ed ~.~.... '.' ~'~~,~"~~~'~!~"';;Z"'" 'f!;; tJ)' r la. thl~.J~d~........, 19['. ' ...... vaL . -. ~ry>..~t;~i6 Si9~~e It:'-. Fr.. 'op... of Iftll..l.n.. form m.~ It. ..c:ur,'I from. CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. 1.egal Advertising Clearing House 120 Wesl Second SI~, Los Angeles. Calli, 90012 Telephone: 12131 6?1\.,"4' . This space Is for the County Clerk's FIling Stamp I Proof of P~blication of . 1. :~~,.~. ~ -==--: -_ ~=. __: ::::QYi.G\;~;Q:::ft]?4;O [~"::',;..'- C Q~ ,. l\GI - ....1Il~ :T \ J :::::.NomllorI268OfthoCllyol \ \" A "-.thoF,""""", =fV d _"~,l .....n tho CiIy 01 - ~,=::.n.r:.:.~s ,fLiV\. '--~~ ........,...-. 1IIOi"",,- "-- \ I' " ~=:,na..qu"",!*II"'document.~ ,-TCFJ_U;:" ~~:.:!.:= ":I,rr;ci:~: ' T ,1IId....odopprecj - _'" 'QomdllllOltirwol~"'C1Iy ('iii tho !aI,...,....... I, I_ 1=, c:.. Hunt. 1lIsner, WII... ~MlSENT, lllps MllIf... _ 'Capjoo 0/ Onli Nwn '-_In tho":::.Of bor 1268.. ;ClIyHllI,211.8IIlSlooot~CIorIc, ' ~..... 12131 431-2527, booch, ~D THIS. 3rd dIy 01 Febru . "'Y, ~.- M, "OG, CIty CIorII -. or.... ..." , I,_IIY II I_ 1'llbJ,- ' -- ~ tho !!oIBeoch .bnnol. .. I I