Ordinance 934 .
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ORDINANCE N0. 434
AN ORDINANCE OF THE CITY OF CUPERTINO GRANTING
TO GILL CABLE, INC., A CALIFORNIA CORPORATION,
' ITS SUCCESSORS AND ASSZGNS, A FRANCHISE TO CON-
STRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA
TELEVISZON DZSTR2SIITION SYSTEM AND THE FACILITIES
AND APPRATUS NECESSARY THERETO, IN, OVER AND
TFiR00GH THOSE PUBLIC STREETS AND OTHER RIGHTS OF
WAY LOCATED WITHIN THAT AREA TO BE ANNEXED TO THE
CITY OF CUPERTINO AS OF JULY 1, 1979, AND DECLARA-
ING THE URGENCY THEREOF.
THE COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
WHEREAS, GILL CABLE, ZNC., ("Grantee" herein?, a
corporation duly organized and existing pursuant to and by virtue
of the laws of the State of California, presently conducts and
maintains a system of commercial distribution of radio and tele-
vision siqnals by means of community antennas, pursuant to the
terms of a franchise qranted by the City of San Jose by Ordinance
' on October 18, 1965, said Ordinance No. 12964 being hereby incor-
i porated by this reference as though fully set forth herein,
WHEREAS, the franchise above described was duly exe-
cuted pursuant to the terms of, and subject to the limitations
of, Article X, Chapter 2 of the San Jose Municipal Code, which
was adopted Septembez 2, 1965, in the form of Ordinance No. 12800,
said ordinance being hereby incorporated by this reference as
though fully set forth herein.
WHEREAS, Grantee is presently subject to, and oper-
atinq pursuant to the terms of that certain Resolution of the
City Council of the City of San Jose, dated November 1, 1977,
controllinq certain fees and charges to be assessed to Grantee's
subscribers, which Resolution No. 49472 is hereby incorporated
by this reference as though fully set forth herein.
WHEREAS, Municipal reorganization proceedinqs are
being presently undertaken pursuant to the provisions of the
Municipal Reorganization Act of 1977, which entail among other
things, the detachment from the City of San Jose of certain
inhabited territory and the simulcaneous annexation of said
territory to the City of Cupertino, said territory being fur-
ther described in Exhibit "A" attached to that certain Resolution
of the Local Aqency Forsnation Commission described below, which
Resolution is hereby incorporated by this reference as though
fully set forth herein.
WHEREAS, the Local Agency Foz-mation Commission of
the County of Santa Clara by Resolution dated April 4, 1979,
approved that certain petition for municipal reorganization
known as the San Jose/Cupertino Municipal Reorganization
Proposal, which•proposal provides at para• ph (e) (8) that
"The City of Cupertino will permit existing subscribors (as
of the date of reorganization) to the cable television service
„ franchised by the City of San Jose to retain their cable service".
Said proposal is hereby incorporated by this referonce as though
fully set forth herein.
~ WHEREAS, the Board of Supervisors of Santa Clara
County, the Conducting Agency responsible for said San Jose/
Cupertino Municipal Reorganization Proposal within the meaning
of Government Code Section 35031, approved said Prop~sal by
Resolution number which is incorporated by this reference
as though fully set forth herein, and,
WHEREAS, it is the intention and purpose of the City
Council of the City of Cupertino by this Ordinance to provide
for the uninterrupted retention of cable television service by
; residents of the area to be annexed to the City of Cupertino,
' to protect and preserve valuable property rights developed inci-
dent to the operation of cable television systea?s within said
area, and to provide for the peace, safety and welfare of the
citizens of the Cupertino,
NOW, THEREFORE, THE CITY COUNCIL OF TAE CITY OF
CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 1. Franchise Granted: Gill Cable, Inc.,
a California corporation, ts succesaors and assiqns, are
hereby granted the right, privilege and franchise to con-
struct, maintain and operate a system for the commercial dis-
tribution of radio and televison signals by means of community
distribution of radio and television siqnals by means of commun-
ity antennas, including all apparatus necessary and convenient
thereto, in, over, across, under and upon those public streets
and other rights of way of the City of Cupertino located within
that area to be annexed and acquired by City on July l, 1979,
said streets and other rights of way being further described
in Exhibit "A" attached to that certain Resolution of the Local
Agency Formation Commission described above.
Section 2. Terms of Franchise: The terms of this
franchise shall be the same as, and equ valent in all material
respects to, the terms of that certain franchise granted by
the City of San Jose dated October 18, 1965, as described above.
The rights, duties, and obligations of Grantee hereunder unless
specified otherwise by this ordinance shall be the same as, and
equivalent in all material respects to, those owed to the City
of San Jose by virtue of the franchise above-described, with
the exception that said obligations shall be owed instead to
the City of Cupertino. The rights, duties and obligations owed
to Grantee by the City of Cupertino unless otherwise specified
by this ordinance shall be those set forth in said franchise
granted by the City of San Jose. The provisions of the Ordinances
and Resolution of the City of San Jose described and incorporated
herein shall continue in effect as terms of this franchise.
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Section 3. Indemnification of Citv:
A. Grantee shall, prior to or concurrently with
' the acceptance of this franchise furnish to the City and file
with the City Clerk, and at all times during the existence of
, any franchise granted hereunder, maintain in full force and
effect, at its own cost and expense, a liability insurance
policy in the amount of One Million ($1,000,000) Dollars in
a company approved by the City Manager and in a form satis-
factory to the City Attorney, indemnifying and saving harmless
the City, its officers and employees from and against any and
all claims, demands, actions, suits, and proceedings by others,
against all liability to others, including but not limited to
any liability for damages by reason of or arising out of any
violation of proprietary or copyright interests, and aqainst
any loss, costs, expense, and damages resultinq therefrom,
including reasonable attorney's fees, arising out of the
amount of the comprehensive liability insurance policy re-
quired hereunder.
B. The grantee shall prior to or concurrently with
the acceptance of this franchise furnish to the City and file
with the City Clerk, and at all times during the existence
of any franchise qranted hereunder, maintain in full force and
effect, at its own cost and expense, a general comprehensive
liability insurance policy, in protection of the City, its
officers, boards, commission, agents and employees, in a com-
pany approved by the City Manager and a form satisfactory to
the City Attorney, protecting the City and all persons against
liability for loss or damage for personal injury, death and
pzoperty damaqe, occasioned by the operations of grantee under
such franchise, with minimum liability limits of One Hundred
Thousand ($100,000) Dollars for personal injury or death of
any one person and Three Hundred Thousand (5300,000) Dollazs
for personal injury or death of two or more persons in any
one occurrence, and Fifty Thousand (S50,000) Dollars for
damage to property resulting from any one occurrence.
C. The policies mentioned in the foregoing para-
graph shall name the City, its offfcers, boards, coimnisaions,
agents and employees, as additionally insured and shall contain
a provision that a written notice of cancellation or reduction
in coverage of said policy shall be delivered to the City ten
(10) days in advance of the effective date thereof; if such
insurance is provided by a policy which also covers grantee or
any other entity or person other than those above named, then
such policy shall contain the standard cross-liability endorse-
ment.
Section 4. Acce tance and Effective Date: Grantee
may, at any t e following enactment of this ordinance and
prior to July 1, 1979, accept the grant of this franchise by
delivery of evidence of said acceptance, in writing, to the
office of the City Manager, City of Cupertino, which acceptance
shall contain proof to the satisfaction of the City Attorney
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and City Manger, of compliance or prospective compliance with
the provisions of Section Three hereof. This franchise shall
take effect beginning on July 1, 1979. Nothing contained herein
~ shall be construed as limiting the right of Grantee hereafter
to apply for or of City to grant to any parties additional non-
excluaive franchises within the boundaries of the City of
` Cupertino.
Section 5. Urgency: This Ordinance shall take
effect as an emergency measure, due to the existing need to
provide a uniform system of CATV franchising procedures for
those areas which may be annexed to the City of Cupertino in
the immediate future. Said annexation must be carried out in
i accordance with certain conditions imposed by the Local Agency
Formation Commission, coimnencing July 1, 1979. In order to
establish a uniform and equitable procedure whereby existing
rights in such systems may be protected, and future rights in
similar systems may be acquired, and whereby all parties may
ascertain such rights free from uncertainty resulting from
said annexation, it is hereby found and declared that this
urgency measure must take effect prior to said anticipated
annexation and is a necessary protection of the public peace,
safety and welfare of the inhabitants of the City of Cupertino.
INTRODUCED AND ENACTED at a regular meeting of the
City Council of the City of Cupertino, this 4th day of
June , 1979, by the followinq vote:
Vote: Members of the City Council:
AYES: Jackson, 0'Keefe, Rogera, Sparka, Meyera
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
. c~si~o ~ ~
City C er Cit~
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Cu~~rt
nO Mayor, C
t~Cupe no