1988 ORD 0-28-88 - Laserfiche WebLink

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ORDINANCE NO. 0-28_88 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING ORDINANCE NO. 1578 AND APPROVING AN AGREEMENT ENTITLED "SETTLEMENT AGREEMENT" DATED AUGUST 26, 1988 AND INCORPORATING SAID AGREEMENT INTO ORDINANCE NO. 1578 AND AMENDING CHAPTER 5.06 OF THE COLTON MUNICIPAL CODE PURSUANT TO SAID SETTLEMENT AGREEMENT WHEREAS, the City of Colton, California, a Municipal corporation ("Colton") and American Cable TV Investors IV, Ltd., a Colorado Limited Partnership ("ACT -4") have entered into a "Settlement Agreement" to resolve certain disputes between the parties; and WHEREAS, pursuant to said Settlement Agreement, the parties have agreed that certain amendments would be adopted to Ordinance No. 1578 and Chapter 5.06 of the Colton Municipal Code. NOW, THEREFORE, the City Council of the City of Colton does hereby ordain hereby as follows: Section 1. That Agreement Entitled "Settlement Agreement" between Colton and ACT -4, a copy of which is attached as Exhibit 1 to this Ordinance and incorporated herein by this reference is hereby approved and deemed an amendment of the Franchise Agreement contained in Ordinance No. 1578. Section 2. Section 3 of Ordinance No. 1578 is hereby amended to add the following new paragraph to be inserted at the conclusion of existing Section 3: "The provisions of this Section and Sections 6(E) and (N) shall be operational and effective if, and only if, said provisions are consistent with and conform to the Cable Communications Policy Act of 1984." Section 3. Section 4 of Ordinance No. 1578 is hereby amended to read as follows: "Pursuant to Ordinance No. 1405, as amended, Grantee shall, during the term hereof, pay annually to the City four percent (4$) of the gross receipts derived by Grantee from all of its operations within City, including, but not limited to, all gross, basic, subscriber receipts, all gross non - basic -subscriber receipts, all gross advertising receipts, and all gross lease receipts. Said payment shall be made to City not less often than for the period of same length ending not more than ninety (90) days prior to such payment."