HomeMy WebLinkAbout2004-2491
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RESOLUTION NO. 2004-249
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
I Shadows Cable (hereinafter "the Cable Companies") are duly authorized to operate
television systems in the City of San Bernardino pursuant to Franchise Agreements granted
the City of San Bernardino.
WHEREAS, the Cable Companies have requested that the Franchises they hold
I provide cable television service in the City of San Bernardino be renewed; and
WHEREAS, the Franchise rights granted under the respective Franchise
expired on December 31, 2003; and they were renewed by Resolution No. 2004-18 on J
1 20, 2004; and
WHEREAS, the City and the Cable Companies are currently in the Franchise
process; and
WHEREAS, an extension of an existing franchise while negotiating a new Franchise
I not uncommon among California municipalities; and
WHEREAS, the City is willing to grant an additional extension of the current
for ninety days while it considers the renewal request, if the Cable Companies agree to abide
the terms and conditions of the existing Franchises during any such extension,
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2004-249
1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO.
2 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
3 SECTION 1. The Franchise rights granted to Adelphia Communications under th
4 Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Chart,
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Communications under the Franchise Agreement dated November 12, 1961 under the authoril
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of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement date
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October 25, 1983 under the authority of Ordinance MC 319, as extended by Resolution 2004-1
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9 are hereby extended ninety (90) days from the date of this Resolution under the existing tern
10 and conditions, subject to the conditions below.
11 SECTION 2. Under the extension granted herein, the Cable Companies shall h
12 obligated to perform and comply with all terms, conditions, requirements, and limitatior
13 contained in their Franchise Agreements.
14 SECTION 3. The Mayor is hereby delegated the authority to extend the Franchi:
15 Agreements for up to and including an additional ninety (90) days. In no case shall th
16 Agreements be extended for more than one -hundred and eighty (180) days from the date of th
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Resolution.
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SECTION 4. This Resolution shall take effect upon its adoption.
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2004-249
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251
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISES WITH
ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AND MOUNTAIN
SHADOWS CABLE.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a J oint regular meeting thereof, held
on the 2nd day of August 2004, by the following vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
Ra el G. Clark, City Clerk
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The foregoing Resolution is hereby approved this -5 day of August 2004.
Z�,e�f/''
Susan Longville, Mayor Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By: P
/I