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HomeMy WebLinkAboutTC Ord 1971-03-22 (3) AFFIDAVIT STATE OF CALIFORNIA COUNTY OF MARIN CITY OF TIBURON ) ) ) ss PHIL V. SCOTT, being first duly sworn deposes and says: That at all times herein mentioned he was and now is the DEVELOPMENT ADMINISTRATOR of the City of Tiburon, California; that pursuant to Section 3~" 33 of the Government Code, of the State of California, he posted at three public places within the City of Tiburon to wit: the City Hall 80 Main Street, Tiburon Fire Department 1679 Tiburon Blvd. and Tiburon Fir~Department, Trestle Glen Blvd. and Paradise Drive I'Z' r4 ~....... ~ e ,,~~.,j · a copy of which is hereinafter set forth in the form attached hereto. . Said rP,.*'.....,c~ was posted on the aforementioned places in the City of Tiburon on the"~ day of M4ret... , 1921.-. -B,L '0 Ak.v' Development Administrator of the City of Tiburon Subscribed and sworn to before me, a City Clerk in and for said County and State, on the n1&~day of ?h~~/ 19 7/ ~<2~- ~A~ ,- OID)INANCE NO.~N.S. AN ORDINANCE OF THE CITY OF TIBURON AMENDING CHAPTER 9 OF TITLE III OF THE TIBURON CITY CODE {COMMUNITY ANTENNA TELEVISION SYSTEMS) The City Council of the City of Tiburon does ordain as follows; Section 1. Amendment. Section 9-7 of the Tiburon City Code is hereby amended to read as follows: "Sec. 9-7. Faithful performance bond required. (a) The grantee shall, concurrently with the filing of and acceptance of award of any franchise granted under this chapter, file wi.th the city clerk, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at the grantee's sole expense, a corporate surety bond in a company and in a form approved by the city attorney, in the amount of twenty thousand dollars, renewable annually, and conditioned upon the faithful per- formance of the grantee, and upon the further condition that in the event the grantee shall fail to comply with anyone or more of the pro- visions of this chapter, or of any franchise issued to the grantee hereunder, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as prescribed hereby which may be in default, plus a reasonable allowance for attorney's fees and costs, up to tre full amount of the bond; such condition to be a continuing obligation for the duration of such franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations with the city that may have arisen from the acceptance of such franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that thirty days' prior written notice of intention not to renew, cancellation or material change be given to the city. Provided, however, that where the grantee has a franchise for an area less than the entire area of the city, the city council may, in the ordinance awarding the franchise, require a faithful performance bond in an amount less than twenty thousand dollars. By draft date; 2-25-71 1. (b) Neither the prOV1SLons of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder, shall be construed to excuse faithful performance hy the grantee or limit the liability of the grantee under any franchise issued or for damages, either to the full amount of the bond or otherwise. Section 2. S~parabilitz, If any section, subsection, sentence, clause or phrase of this ordinance is :tor any reason held to be invalid or un- constitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 3. Effective Date. This ordinance is to take effect and be in force thirty (30) days from and after the date of passage, and before the expiration of fifteen (15) days after its passage, the same bill shall be published, with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Tiburon held on M~r~h 77 1971, by the following vote: AYES: COUNCILMEN: Becker, Ellinwood, Fanning, Sennett NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Rice Mayor -ATTEST; By draft date: 2/25/71 2.