HomeMy WebLinkAbout1996-364
1 RESOLUTION NO. 96-364
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
EXTENSION TO THE TOLLING AGREEMENT BETWEEN THE CITY OF SAN
3 BERNARDINO AND TCI CABLEVISION OF CALIFORNIA TO PROVIDE CABLE SERVICE
TO THE RESIDENTS OF SAN BERNARDINO.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION I. The Mayor is hereby authorized and directed to approve an Extension to
7 the Tolling Agreement between the City of San Bernardino and TCI Cablevision of California to
8 provide cable service to the citizens of San Bernardino. Said Extension is attached hereto as
9 Exhibit "A". Said Tolling Agreement is attached hereto as Exhibit "B".
10 SECTION 2. The authorization to execute the above-referenced Agreement is rescinded
11 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
12
Resolution.
/II
/II
/II
/II
/II
/II
/II
/II
/II
/II
/II
/II
/II
/II
1/1
/II
SRNao[TCI-2.Res] 1
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 RESOLUTION...APPROVING A TOLLING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND TCI CABLEVISION OF CALIFORNIA.
2
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3 joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the
4
2nd day of pecember , 1996 by the following vote, to wit:
5
6
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
7
8
9
10
11
12
13
14
!(JJ.-QJI..RfL_ 'fJ. ()./?j(j
City Clerk
~ .JCtrla.JrJ~nLQdU7{0/ 1lefU'7J
The foregoing resolution is hereby approved this$"lLaay of.___ December , 1996.
15
16
17
18
/f;i~;[(~
T6m inor, Mayor
City of San Bernardino
19
20
21
Approved as to form
and legal content:
22
23
JAMES F. PENMAN
City Attorney
24
"(f"'= ? /e---
25
26
27
28
SRA/ao[TCI-2.Rcs]
2
I
96-364
EXTENSION OF
TOLLING AGREEMENT
between
THE CITY OF SAN BERNARDINO, CA
and
TCI CABLEVISION OF CALIFORNIA, INC.
1. On October 7, 1996, the City of San Bernardino, California ("San Bernardino") and TCI
Cablevision of California, Inc. ("TCI") entered into the attached Tolling Agreement which is
currently scheduled to expire on December 31, 1996.
2. The parties agree to extend this Tolling Agreement until the sooner of March 31, 1997,
or the effective date of a renewed cable franchise agreement between the parties.
THIS AGREEMENT is made anu enholed into this 2nd day of Decbmber, 1996.
CITY OF SAN BERNARDINO, CA
B~~~
TCI CABLEVISION OF CALIFORNIA, INC.
,
Its:
Mayor
By:
Ity
EXHIBIT "A"
96-312a
,
TOLLING AGREEMENT
between
THE CITY OF SAN BERNARDINO, CA
and
TCf CABLEVISION OF CALIFORNIA, INC.
In consideration of the mutual convenants and agreements contained herein, the City of San
Bernardino, Califomia ('San Bernardino") and TCI Cablevision of California, Inc. ("TCI") agree
as follows:
1. TCI provides cable service to the citizens of San Bernardino.
2. San Bernardino and TCI desire to continue negotiations regarding the possible
extension, renewal or grant of a cable service franchise to TCI and to defer legal proceedings
or other actions by either party during the pendency of such negotiations. Except as expressly
provided herein, neither San Bernardino nor TCI waive, will be deemed to have waived, or shall
be estopped from asserting any rights relating to those matters set forth in paragraph 3 below
due to the execution of this Agreement.
3. San Bernardino and TCI agree that, prior to December 31, 1996, they shall not file any
action on their own behalf or as part of a class action in any court of competent jurisdiction or
administrative agency asserting claims or defenses arising from or relating to TCl's continued
operation of a cable system within San Bernardino, its provision of the cable services to its
customers, or its commencement of renewal proceedings. San Bernardino further agrees that
during this time period, it will not undertake any hearings or make any findings with respect to
any such matters.
4. San Bernardino and TCI agree that any applicable statute of limitations or other repose
relating to the judicial or other review of any activities of the parties with respect to matters
discussed in paragraph 3 above, including those contained in Sections 626 and 635 of the
Cable Communications Policy Act of 1984, 47 U.S.C.A. 99546 and 555, shall be tolled. Any
claims, defenses or actions which could have been asserted with respect to such matters shall
be legally preserved.
5. For the purpose of this Agreement, the term "TCI" includes TCI's affiliates, subsidiaries,
successors, assigns and beneficiaries, including those claiming under and through it, and the
term "San Bernardino" includes San Bernardino's successors, assigns and beneficiaries,
including those claiming under and through it.
THIS AGREEMENT is made and entered into this 7th day of October, 1996.
CITY OF SAN BERNARDINO, CA
~../}j/ "-
By: / f:Yt1 /t1j,,~
Its: MMDfZ..
TCI CABLEVISION OF CALIFORNIA, INC.
:fr:::-::: f
EXHIBIT "B"