2005 ORD O-06-05 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 0-06-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON APPROVING A CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF COLTON AND ADELPHIA CABLE THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS: Section 1. Approval of Franchise Agreement. Pursuant to Section 5.06.230 of the Municipal Code, the cable television franchise agreement between the City of Colton and Century -TCI California, LP, dba Adelphia Communications, attached hereto as Exhibit "A", is hereby approved. The City Manager is authorized to execute the franchise agreement on behalf of the City. Section 2. Waiver of Certain Requirements. The City Council finds and determines that the cable television franchise awarded pursuant to this Ordinance is a renewal of an existing franchise, and that the requirements for cable television franchises set forth in Section 5.06.210 of the Municipal Code are unnecessary or irrelevant in connection with this renewal. Therefore, pursuant to Section 5.06.230 of the Municipal Code, the City Council waives the requirements set forth in Section 5.06.210 of the Municipal Code as they pertain to this Ordinance and the renewal of the cable television franchise awarded by this Ordinance. Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional or otherwise invalid. Section 4. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption, provided that the franchise awarded herein shall not become effective until receipt by the City of: (i) the guarantee of faithful performance required by Municipal Code Section 5.06.140 and Section 6.3 of the franchise; (ii) the policy or policies of insurance required by Municipal Code Section 5.06.150 and Section 6.1 of the franchise; and (iii) the written acceptance by the franchise of the franchise and its obligations, pursuant to Municipal Code Section 5.06.240 and Section 2.2 of the franchise.