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RESOLUTION NO. 2004-18
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCH]
WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS,
MOUNTAIN SHADOWS CABLE.
WHEREAS, Adelphia Communications, Charter Communications, and 1V
Shadows Cable (hereinafter referred to as the Cable Companies) are duly authorized to
cable television systems in the City of San Bernardino pursuant to Franchise Agreements
by the City of San Bernardino.
WHEREAS, the Cable Companies have requested that the Franchises they hold
provide cable television service in the City of San Bernardino be renewed; and
WHEREAS, the Franchise rights granted under the respective Franchise Agreeme
expired on December 31, 2003; and
WHEREAS, the City and the Cable Companies are currently in the Franchise reneN
process; and
WHEREAS, an extension of an existing franchise while negotiating a new Franchise is
not uncommon among California municipalities; and
WHEREAS, the City is willing to grant an additional extension of the current Franchises
for ninety days while it considers the renewal request, if the Cable Companies agree to abide b3
the terms and conditions of the existing Franchises during any such extension,
2004-18
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHI
WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS,
MOUNTAIN SHADOWS CABLE.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMP
COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. The Franchise rights granted to Adelphia Communications under the
Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Cl
Communications under the Franchise Agreement dated November 12, 1961 under the autl
of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement
October 25, 1983 under the authority of Ordinance MC 319 are hereby extended ninety (90)
from the date of this Resolution under the existing terns and conditions, subject to the condi
below.
SECTION 2. Under the extension granted herein, the Cable Companies shall
obligated to perform and comply with all terms, conditions, requirements, and limitati
contained in their Franchise Agreements.
SECTION 3. The Mayor is hereby delegated the authority to extend the Franc
Agreements for up to and including an additional ninety (90) days. In no case shall
Agreements be extended for more than one -hundred and eighty (180) days from the date of
Resolution.
SECTION 4. This Resolution shall take effect upon its adoption.
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2004-18
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISES
2 WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AND
MOUNTAIN SHADOWS CABLE.
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular meeting thereof.
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held on the 20th day of January 2004, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA %
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LONGVILLE %
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MCGINNIS %
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DERRY x
13 SUAREZ %
14 ANDERSON x
15 MCCAMMACK %
16 ,-.
17 CITY CLERK
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19 The foregoing Resolution is hereby approved this day of January 2004.
Y/
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21 Susan Longville, Mayor Pro Tern
Approved as to form and City of San Bernardino
22 legal content:
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By:
25 MES F. PENMAN
try
Attorney
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