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HomeMy WebLinkAboutCC Ord 1201 1985-11-25 ORDINANCE NUMBER ,I~J' AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA APPROVING AMENDMENT NUMBER FOUR TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GROUP W CABLE, INC. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN that Amendment Number Four, attached hereto as Exhibit A is amended as follows: I Section 1. Exhibit B (Application for Cable Television Franchise dated July 2, 1981) of the Franchise Agreement between the City of Seal Beach and Group Wa Cable, Inc. is hereby amended to substitute the following language for Form K, Commitment to Local Originated Programming and Access Support (pages 3, 3a and 3b): For the years 1985, 1986, and 1987, Group W will provide the following programming services: a) it will cover and cablecast 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 cablecast 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, 1988, this section will revert back to the commitment outlined in Form K of Exhibit B to the Franchise Agreement. Section 2. Section 3D of the Franchise Agreement is hereby amended to read as follows: .1 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), Group W will provide the City of Seal Beach with an annual statement of gross receipts audited and certified by an outside accounting firm in addition to a complete financial statement certified by Group W's Regional Controller. 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. Section 3. The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law and the same shall take effect as provided by law. ,I PASSED, APPROVED AND DOPTED by the City Council of the City of Seal aea~p, Califo r meeting thereof held on the.;.!.57.!- day of 1985. ATTEST: Ordinance rJumber I'~I . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I. Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is the original o of Ordinance Number 1.:2tJ / on fi le in the office of the ler , in roduced at a meeting held on the I'~ day of , 1985, and passed. approved and adopted by the . y Council of ~e City o~ Bea~'meeting thereof held on the 0/,,-- day of ~ ,1985 by the following vote: Councilmember I AYES: Councilmember NOES: ABSENT: Councilmembers and do hereby further certify that Ordinance Number J'~I has been published pursuant to the Seal Beach City Char~ Resolution Number 2836. I 1 1 1 1 Ordinance Number ~~I "EXHIBIT A" AMENDMENT NUMBER FOUR TO THE FRANCHISE AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND GROUP W CABLE, INC. This Amendment Number Four to the Franchise Agreement between the City of Seal Beach, California and Group W Cable. Inc. is made this day of , 1985, by and between the CITY OF SEAL BEACH, a Municipal Corporation, hereinafter referred to as the "CITY" or "GRANTOR" and GROUP W CABLE, INC., hereinafter referred to as "GROUP W" or "GRANTEE." WHEREAS, the City and Grantee executed the Franchise Agreement on March 8, 1982; and NOW, THEREFORE, the parties do hereby agree to amend the Franchise Agreement as follows: Section 1. Exhibit B (Application for Cable Television Franchise dated July 2, 1981) of the Franchise Agreement between the City of Seal Beach and Group W Cable, Inc. is hereby amended to substitute the following language for Form K, Commitment to local Originated Programming and Access Support (pages 3, 3a and 3b): For the years 1985, 1986. and 1987, Group W will provide the following programming services: a) it will cover and cablecast 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 cablecast 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 desir~ to purchase equipment for its own use. On March 8. 1988, this section will revert back to the commitment outlined in Form K of Exhibit B to the Franchise Agreement. Section 2. Section 3D of the Franchise Agreement is hereby amended to read as follows: 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), Group W will provide the City of Seal Beach with an annual statement of gross receipts audited and certified by an outside accounting firm in addition to a complete financial statement certified by Group W's Regional Controller. 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 flumber /,;lj:;/ IN WITNESS WHEREOF. the parties have executed this agreement in duplicate, the day and year first written above. CITY OF SEAL BEACH. A Municipal Corporation Joyce Risner, Mayor GROUP W CABLE. INC.. A California Corporation ATTEST: Joanne M. Yeo. City Clerk 1 1 1 1 I 1 Ordinance Number ;I~I . PROOF OF PUBLICATION 12D15.5 C.C.P.I STATE OF CALIFORNIA, Counly of .Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of elghtl!t!n years, and not a party to or Interested In the above.entltled matter. I am the principal clerk of the printer of the SEAL Duell JOURNAL .................................................... .................................................... a newspaper of general circulation" printed, ..ekly and published .................................. Seal Beaoh In the City of ...............'...................' County of Orange, and. which" news, , paper has been adjudged a newspaper . of general circulation by the Superior Court of the County of Orange, State of Dec. 67 California. under the date of.......... 19...., '. .\821583 Case Number ................; thatthenotlce, of which the annexed Is a printed copy lset In type not Ismaller than nonpareil I. has been published In each regular and entire Issue 01 said newspaper and not In any supplement thereof on the following dates. lo-wlt: November 20th, .................................................... 815 all In the year 19...... I certify (or declarel under penalty of . perlury fhat the foregoing Is true and correct . [)at~ at ..~~~..~~.~~....................... f ..~~r.., 19 ..~.~ . . . . ~A).... Pm nll....t .111. 11....11 '.rlll ..... lie Heu.... ....... r CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Lega' Advertising Clearing House 120 Wea' Second SI" Los Angeles, Calif. 90012 Telephone: 12131625-2541 P..... 'Mun' a.M." AI. 1It..,.r 'uItIlCl".n ...... .....,.. III" '..m, This space Is for the County Clerk's Filing Stamp Proof of Publication of Silll)iARY - OIIDINANCE NDlUER 1201- ...~.................................,.................... AJ.1E.\llm':'\'l'-CA!IL~: TV -FRA ',cm Slo: AG:!:';Cr-:e:l\T .......................................................... Paste Clipping of Notice SECUREl Y In This Space . 1,1; ". ~ .. ' : __AIlCE i._....BER 1.1........~- ;... CABLE TY_E fI:" ~ .. ' '" Onflnance Humber 1201 of the City of ~Seill Beach, Clhfoml8, approves Ii Ametdmenl HumbliFa to the Fran- ..chl~ between'the City of "'Sell Buch .nd GlUUp W Cable, Inc , .Iiel"In, to local prasrammml services ,n InAUII hnInet.1 report 'Ordlnance ~Number 1201 was mtroduced at the re&I.lI.r City Council meetlnlof Tues- . diy, Nowember 12, 1985, ."d first r .reading was IPPI1Jlled by the follOWlnR ~-~ . :: AYES Brownell, Chft. Risner. '). WIJ!IOII i .N()[S, N.... rt. .ABSENT Grps Mohon Clmed I~~rdlnance Number 1201 will receIVe "second reading and be ConSIdered fol '1doptlOn at the '~.d'~Clty CounCil :;meettnl of MondaJ', November 25, .1.985 Coptes of Onhnanee Number 1201 lftoavalllb6e In the office of the 'Coty Cleol<, Coty Hall, 211 - 8th S....t. t Seal Beach. telephOne (213) _31,2527 ~ DATED THIS 1"3th day of NlM!mber ~1985 ' - JoInne M Yeo, City Clerk ,l!;!lrol_lloodl ,-.... 20. 1985 l.- Publ,!,,*, III the Seal ~h Jaul'l'lll . Ordi nance ~lumber /~t!J I , PROOF OF PUBLICATION (2015,S C.C.P.I 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 SE.AL D~CII JOUUNAL .................................................... .................................................... a newspaper of general circulation. printed and published .. ~\l~\t.\l...................... in the City of .~'At.!J.4!!l.9h.................. County of Orange. and which news, paper has been adjudged a newsPaper of general circulation by the Superior Court of the Cbunty of Orange. State of California. under the date of.R"c;,o:.. 19!1:L Case Number .Aa?:I(I~.....; that the notice. of which the annexed Is a printed copy (set in type not 'smaller than nonparelll. has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates. to.wlt: December 4th" .................................................... all In the year 19.~~.. I certify (or declare,1 under penalfy of perjury that the foregoing Is true and correct . , Seal Beach [)atEMi at......................................... . ::::~i!liJ(1pt : /JI-Kl"~~t~fat ...... ,opln at .1111 a.lIIn. ",m nil'''' Heured 'rom: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 Weal Sec:oncl St.. Los Angeles. Calif. 90012 Telephone: 1213\ 625-2541 "I............ UIN..At ......... 'ullllc...... w.... ord"ln. '''I.'.r... This space Is for the County Clerk's Filing Stamp 1 . Proof of Publication of Su:~,:.\IIY-O.Wll\A~C~; XL1:in;\l 1201 A:.,E.,D:.iENT ...~...................................................... CJ\ilLE TV F~'~A~C.iU:}:': A(jH~~~!.;!'i~NT .......................................................... Paste Clipping of Notice SECURELY In This Space -.--......j .201 __ CAIIU ~..t FIIA_"-OIT . ,I Ood;......N....... 1201 oIlheCllr~ SNI Beach. CllifamUl. appravest Amendment NumI8" Feu ~ the F chlse Aareement between thi City or Seal Belch Iftd GrouP W'CIbIl. Inc.~.. relatl"l1D IcICII pIaIrIRIII'Ilnl semca and annuli finane.. ..partina. ar;. dlnence Number 1201 I8ceIlled .. cmid_......._~"'~ reau.... City Council rneeti.. of Now. , 25: '1985 by Ihe IaN"';.. .... . . . . . <I AYES Brownell. Clift. Rrsner. j Wilson . _ _ _ ..; NOES. None" . ~ ABSE!,T!GJP.I_ .~~ CaptesafOnlnwa """"-1201..' ...,""'.. on Ihe _ 0I1he CI1y c_'fl City Hall. 211 Eiahth Streit.. SuI~ , auell, .._ 1213143..2527. OJ DATED THIS 27'" day of N...._. 1985 .. _'0 . Joanne M Yeo. City elen. &.: City of Sell Such" =..' .... .0, ." G~ Dee 4. 1985 ......... "' PubltshBct In the ~.2:.-~ Joumal.1 I I