HomeMy WebLinkAbout86-16 - Amending Ordinance No. 1891 to Extend the Area of a Non-Exclusive Franchise with Community Cablevision Company to Construct, Maintain and Operate a Community Antenna Television System Within the CityORDINANCE No. 86 -16
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING ORDINANCE No. 1891 TO EXTEND THE
AREA OF A NON - EXCLUSIVE FRANCHISE WITH COM-
MUNITY CABLEVISION COMPANY TO CONSTRUCT,
MAINTAIN AND OPERATE A COMMUNITY ANTENNA
TELEVISION SYSTEM WITHIN THE CITY
• The City Council of the City of Newport Beach does ordain
as follows:
SECTION 1. Amendments
Ordinance No. 1891, an ordinance of the City of Newport Beach
renewing a non- exclusive franchise with Community Cablevision
Company to construct, maintain, and operate a community antenna
television system within said city, adopted by the City Council
on the 23rd day of November, 1981, and amended by Ordinance 85 -4
so as to add to the description of the franchise area appearing
in Section 2 "Grant of Franchise" of Ordinance No. 1891 the
description that is attached hereto as Exhibit "A."
SECTION 2. Acceptan,
This franchise shall
• pose, unless and until written
filed with the City Clerk; and
in form and substance as shall
-e of Franchise.
not become effective, for any pur-
acceptance thereof shall have been
such written acceptance shall be
be prescribed by the City Attorney
and shall be and operate as an acceptance of each and every term,
condition and limitation contained herein, or otherwise specified
by ordinance or resolution of the City Council. Said written
acceptance shall be filed by the Grantee not later than 12:01 P.M.
of the fifteenth (15th) day next following the date of the adoption
by the City Council of the ordinance; and, if the filing of such
written acceptance by any such Grantee shall not be received by
the City Clerk, then such Grantee shall have no rights, remedies
or redress in the premises, unless and until the City Council shall,
by resolution, determine that such acceptance be received or filed,
and, then, upon such terms and conditions as the City Council may
• impose.
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SECTION 3. Acceptance Fee.
The Grantee shall, upon the acceptance of this franchise,
pay to the City of Newport Beach, in consideration of the granting
of this franchise, the sum of $2,500.00 as and for an Acceptance
. Fee.
SECTION 4. Effective Date.
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•
This ordinance shall become effective 30 days from and
after the date of its adoption; provided, however, that the
franchise hereby granted shall not become effective unless and
until the Grantee files written acceptance thereof in the manner
specified in Section 2 of this ordinance and delivers such
acceptance in accordance with the requirements of Chapter 5.44'
of Title 5 of the Newport Beach Municipal Code.
SECTION 5. Publication.
This ordinance shall be published once in the official
newspaper of the City.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the
9th day of June
1986, and was adopted on the
23rd day of June , 1986, by the following vote,
to wit:
ATTEST:
/C/,/
AYES, COUNCIL MEMBERS: Agee, Cox, Hart,
Heather, Maurer, Plummer, Strauss
NOES, COUNCIL MEMBERS:
EXHIBIT "A"
7
159- 1000 -1
GWD /cg
October 30, 1985
ORANGE COUNTY REORGANIZATION NO, 85
EXHIBIT 'A°, PAGE 1 OF 2
LEGAL DESCRIPTION OF
ANNEXATION OF BAYVIEW PROJECT TO THE CITY OF NEWPORT BEACH
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All of that certain parcel of land situate in unincorporated
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territory of the County of Orange, State of California, being a
•
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portion of Block 51 of Irvine's Subdivision as shown on a map
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recorded in Book 1, Page 88 of Miscellaneous Record Maps,
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Records of said County, said parcel being more particularly
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described as follows:
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Beginning at the most easterly corner of Lot 147 of said Block
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51, said corner also being the most easterly corner of Tract
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No, 1499, as per map recorded in Book 44, Page 47 of
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Miscellaneous Maps, Records of said County; thence along the
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northeasterly line of said Block 51, S 490 21' 45" E 1275.93 to
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an intersection with the northwesterly line of "Acacia Street
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Annex" per City of Newport Beach Ordinance Number 837; thence
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along said northwesterly line S 400 381 15" W 1266.69 feet to a
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point on the 2000 foot radius curve in 'the southerly line of
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the deed to Newport Harbor Union High School District recorded
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July 1, 1965 in Book 7578, Page 670, of Official Records of
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said County, a radial line to said point bears N 00 271 40" E;
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thence westerly along said curve and southerly line through a
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central angle of 120 201 35" a distance of 430.85 feet to the
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most easterly corner of that certain parcel of land described
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as "Servient Tenament" in Exhibit "B00 of a deed recorded April
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22, 1975 fn Book 11382, Page 1898 of Official Records of said
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County, a radial to said corner bears N 110 52' 55" W; thence
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along the southerly line of said deed S 570 461 05" W 77.81
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feet; thence S 640 531 40" W 161.27 feet; thence ,
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S 640 271 03" W 181.82 feet; thence S 670 011 41" W 381.32
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thence
feet; thence S 750 131 58" W 102,44 feranon-tangent
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120 39' 46" W, 17.73 feet to the beginning of
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urve concave northerly and having a radius of 1562.00 feet, a
EXHIBIT "A"
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ORANGE COUNTY REORGANIZATION NO. 85
EXHIBIT 'A', PAGE 2 OF 2
LEGAL DESCRIPTION OF
ANNEXATION OF BAYVIEW PROJECT TO THE CITY OF NEWPORT BEACH
radial to said point bears S 300 22' 27" E; thence westerly
along said curve through a central angle of 90 20' 53" a
distance of 254.85 feet to a point on the southeasterly
prolongation of the southwesterly boundary of Tract 1501, as
per map recorded in Book 50, Page 16 of Miscellaneous Maps,
Records of said County; said line also being the northeasterly
line of the south one quarter of said Block 51 and the
northeasterly line of the "Upper Bay Annexation" per City of
Newport Beach Ordinance Number 748; thence along said line
N 490 21' 54" W 494.39 feet to the southerly corner of said
tract, said corner also being the southerly corner of said Lot
147; thence along the southeasterly line of said Lot 147,
N 400 37' 27" E 2640.31 feet to the point of beginning.
EXCEPTING from the hereinabove described parcel, that portion
offered for dedication and accepted by the County of Orange by
Instrument No. 85- 138036 and Instrument .No. 85- 138037 both of
Official Records of said County.
The hereinabove described parcel contains m -- acres of land,
more or less.
Attached hereto and made a part hereof is a plat designated as
Exhibit 'B'.
This proposal does .meet the approval of the- Orange County
Surveyor's Office.
C. R. Nelson, County Surveyor
a,
By_._ ' w o
Deputy Country SurveyoC
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