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Ordinance No. 763A ORDINANCE NO. 763 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 6 -17 OF THE CYPRESS CITY CODE THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6 -17 of The Cypress City Code is hereby amended to read as follows: "6 -17 Indemnification of city. (a) The grantee shall, concurrently with the filing of an acceptance of award of any franchise granted under this chapter, furnish to the city and file with the city clerk, and at all times during the existance of any franchise granted hereunder, maintain in full force and effect, at its own cost and expense, a liability insurance policy in the amount and in a company approved by the city manager, and in a form satisfactory to the city attorney, indemnifying and saving harmless the city, its officers and employees from and against any and all claims, demands, actions, suits, and proceedings by others, against all liability to others related in any manner to the exercise or failure to exercise or the enjoyment or use of the franchise, including but not limited to any liability for damages by reason of or arising out of any failure by the grantee to secure consents from owners, authorized distributors or licensees of programs to be delivered by grantee's CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees, irrespective of the amount of the comprehensive liability insurance policy required hereunder." SECTION 2. SEVERABILITY The City Council of the City of Cypress hereby declares that should any section, paragraph, sentence or word of chapter 6 of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. CERTIFICATION The City Clerk is hereby authorized and directed to certify as to the passage of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 14th day of July 1986, and finally adopted and ordered posted at a regular meeting held on the 28th day cf July 1986. ATTEST: MAYOR l HEx QZTY OF CYPRESS CITY CLLR O' `I HE Q'iTY OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 28th day of July 1986; by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL MEMBERS: Coronado,Kanel,Mullen,Partin and p COUNCIL MEMBERS: None Lacayo O COUNCIL MEMBERS: None CIT CLER OF TRE CITY OF CYPRESS