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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. 0 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. 11 • 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 2 All of that certain parcel of land situate in unincorporated 3 territory of the County of Orange, State of California, being a • 4 portion of Block 51 of Irvine's Subdivision as shown on a map 5 recorded in Book 1, Page 88 of Miscellaneous Record Maps, 6 Records of said County, said parcel being more particularly 7 described as follows: 8 9 Beginning at the most easterly corner of Lot 147 of said Block 10 51, said corner also being the most easterly corner of Tract 11 No, 1499, as per map recorded in Book 44, Page 47 of 12 Miscellaneous Maps, Records of said County; thence along the 13 northeasterly line of said Block 51, S 490 21' 45" E 1275.93 to 14 an intersection with the northwesterly line of "Acacia Street 15 Annex" per City of Newport Beach Ordinance Number 837; thence 16 along said northwesterly line S 400 381 15" W 1266.69 feet to a 17 point on the 2000 foot radius curve in 'the southerly line of • 18 the deed to Newport Harbor Union High School District recorded 19 July 1, 1965 in Book 7578, Page 670, of Official Records of 20 said County, a radial line to said point bears N 00 271 40" E; 21 thence westerly along said curve and southerly line through a 22 central angle of 120 201 35" a distance of 430.85 feet to the 23 most easterly corner of that certain parcel of land described 24 as "Servient Tenament" in Exhibit "B00 of a deed recorded April 25 22, 1975 fn Book 11382, Page 1898 of Official Records of said 26 County, a radial to said corner bears N 110 52' 55" W; thence 27 along the southerly line of said deed S 570 461 05" W 77.81 28 feet; thence S 640 531 40" W 161.27 feet; thence , 29 S 640 271 03" W 181.82 feet; thence S 670 011 41" W 381.32 30 thence feet; thence S 750 131 58" W 102,44 feranon-tangent 31 120 39' 46" W, 17.73 feet to the beginning of • 32 urve concave northerly and having a radius of 1562.00 feet, a EXHIBIT "A" 7 fl 3 • 5 6 7 8 9 10 11 12 13 14 15 16 17 • 18 19 20 21 22 23 24 25 26 27 28 29 30 31 0 32 8 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 to �D1 1� c: t� 6mw. ♦am q �l� ME,LY pNE eLALK 51 IRVIPIS 9 5U®. t s. f0 i OIZ o Fig J >f �Y z n U1 Z 6J 4 J t� 6mw. ♦am q �l� ME,LY pNE eLALK 51 IRVIPIS 9 5U®. t s. f0 i OIZ o Fig J >f