The URL can be used to link to this page

Home My WebLink About1698 ORDINANCE NO. 1698 AN ORDINANCE OF TIlE CITY OF ARCADIA AMENDING SUBSECTION (a) OF SUBSECTION 7 OF SECTIO~ 2 OF ORDI~ANCE NO. 1646 ADDING A PERFO~~CE BOND REQUIREME~1 FOR PERFORMANCE OF A F~~CHISE. ""'I "I Vv THE CITY COUNCIL OF TIlE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 7 of Section 2 of Ordinance No. 1646 is hereby amended to read as follows: "(a) Pe:::-formance Bond. Upon beins 9~antec c.pprov2.1 to reconst::-uct any .existing cable television system facilities or to cons~uct any ne~ cable television system facilities, ~~e Grantee sha~l file ~i~~ ~~e City Cle=-k ana shall thereafter ccrins ~~e e~ti!"e term cf said recor.s~r~c~ion or ccns~=uc~ion maintain in full fo=ce and effect a co~o!"ate suretv bond or other adequate surety agreement :n such amount and kind as shall h~ve been app!"ovec by the Council. The bond o~ B9reement shall be so concitionec that in the event that Grantee shall fail to comply with anyone or more of ~e provisions of this ordinance 0= of any csreeme~t pe~~ai~ing to such recons~ruc~ion or cons~ruction, ~'en there shall be recoverable jointly anc severally from the princi?al ~~d surety any damages or loss, or costs suffered or incu=~ec by ~~e City as a result ~~ereo:, including atto=neysl fees and cost~ 0: any action or proceeding, anc inclucing the full amou~~ of any co~?ensation, indemni:ica~ion, cost of removal or abandonment of any p=ope=~y or o~e= cOStS ~hic~ may be in 6efaul~, up to the full principal amolli~t of such bonc. Said co~ditio~ shall be 2 co~~i~ui0S obligation during the entire term 0: suc~ reco~st=uction or cons~ruction and the~eafte= until Gr~jtee shall have s2tisfiec in full any ~jd all obli~ctions ~ the City ~hich arise out of or pertain to said recons-:ruc~ion or construc"tion. 1'€itber the provisions of this Section: no!' aDY bone accepted by tbe Ci"Cy ;n.lrs1.~'1t hereto: ror c....l1Y ci2.Ir"oC:..:::;cres recovered. by '(he Ci"ty t.hereUI)der sb..2..11 be cons~:rued w excuse fail-Dful perfo!.:lli..L.'1ce by "tbe G:-anT.et: 0:- li.:T:.iL t.he liabilii:Y of t.he G:r~ltee ~der SlY fnL~chise issuec p.~-suan~ ~o "Chis orCinance or for damages either to the full amount of the bone: or oLher~~se. I~ accition to said ?erfo~ma~ce bone for reconstruction O~ construction, the Grantee shall file wi~h the City Clerk an~ shall thereafter, annually, cu~inq the e~ti~e term 0: any franchise issued pursuant to this orcinance, naintai~ in full force 2~C effect a ccrDo~ate suretv bond or other e.cec;t::ate sure-:y 2<;reeme;Jt in the a:rrOunt of ~15,OOC. The bone or asreeme~t shall be sc ccnci~ionec that i~ the event that Grantee shall lail to co~~ly witn anyone or mo~e 0: the ?rovisions of this ordinance or of such franchise, then there shall be recoverable jointly and severally f=om the ?rinci?al an~ sure~y any damages or loss, O~ costs sufferec O~ incur=ec by the City 2S a result thereof, inclucing attorneys' fees an~ costs 01 any action or procee~ins, an~ incluaing the full amount of any cOffi?ensatioD, incemnification, cost of removal or abandonment or any ?=operty or o~her costs which The.y be in default, up to the full principal amount of such bone. Saic co~cition shall be a continuins obligation curing ~~E entire term of such franchise and there2fte~ until Grantee shall have satisfied in full any and all cbligations to the City ~hich arise orit of 6~ pertain to said franchise. Neither the provisioris of this Section, no= any bond accepted bv the Cit~, pursuant hereto, nor a~~' damages recovered by the City the~eun6er shall be construed to excuse f2i~hful pe=forme.~ce =y the Grantee, 0= li~it the liability of the Gran~ee un6e= 2nV franchise issued oursuant to this orci~2nce or for carnages either to the full amoun~ of the bone, Or" othery.~i se. II SECTION 2. No person snaIl vio12te 2ny provision, or fail to comply with any of tne requirements of this o~dinance. p~: person violating ar.y of the p~ovisions or fail~~g to comply ~ith any of the ~andato~y requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of ~his ordinance shall be punishable by c f~IE of not more than Five Bundred Dollars, or by i~?risonment in the City Jailor County Jail for a period not exceeding six months) or by both s~ch fine anc i=priso~ent. Each such person shall be guilty of a separate offense for e~ach and every day du::ing any portion 0: ",-hich any violation of any pro- vision of the ordinance is committEd, continued: or perwitteci by such person and shall oe ?unishable accordingly. - 1 - 1698 , SECTION 3. In addicion Co che penalties provided itl the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day suc~ condition continues shall be regarded as a ne~ and separate offense. SECTION 4 If any section, subsection, sentencel clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiccionJ such decision shall not affect the validity or the remainh~g portions of this ordinance. Tne City Council of the City or A=cadia hereby declares that it ~ould have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact thac anyone or more sections, subsections, se~tences, clauses, phrases or po~tions be declared L~valid or unconstitutional. SECTION 5. Neither- the adoptio:l or chis ordinance no~ the repeal hereby or any ordinance shall L, any manner affect the prosecution for viola:ion of ordL,ances, which violations were committed prior to the effective date hereof, nor be const=ued as affec~ing any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights ~~d obligatio~s thereunder appertainL~g shall continue L~ full force and effect. , SECTION 6. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official ne~spaper of the City of Arcadia wichin fifteen (15) days after iCs adoption. PASSED AND ADOPTED ing held on the 1st BY mE day of CITY COL~CIL of the City of Arcadia at its regular meeC- April, 1980. - A#h.;;,d ~Jd ATTEST: I HEREBY CERTIFY that the foregoing ordinance ~as adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 1st day of April, 1980, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Counc ilmen None None om, eon" ,.u.'"~:::~ L~ City Clerk ' ~