HomeMy WebLinkAboutMC-059
: ~,.."
, -
2
3
4
11"'~~"
I
4~ '
ORDINANCE NO.
1'IC--59
ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING TO
FOLEY AND ASSOCIATES, INC., A NONEXCLUSIVE FRANCHISE TO CONSTRUCT
OPERl\TE AND '1AINTAIN A CABLE TELEVISION SYSTEH WITHIN THE CITY
OF SAN BERNARDINO.
THE HAYOR AND C0I1'lON COUNCIL OF THE CITY OF SA') BERNARDINO
5 DO ORDAIN AS FOLLOwS:
6
SECTION 1. Definitions. Unless it shall be apparent from
7 the context that they have a different meaning, the following
8 words and phrases shall have the meaning hereinafter specified:
22
24
25
9
10
]]
]2
13
14
15
16
17
18
]9
20
21
23
(a)
The definitions contained in Section 14.08.010 of
the San Bernardino Municipal Code shall apply to this ordinance.
(b) Grantee shall mean Foley and Associates, Inc., a
California corporation, 2414 East Third Street, Highland,
California 92346.
(c) Franchise Documents shall mean:
(1) Franchise apPlication;
(2) All materials accompanying the franchise applica
tion;
(3) City of San Bernardino Resolution No. 81-196
the resolution of intention;
(4) Chapter 14.08 of the San Bernardino Municipal
Code.
SECTION 2. Authority. This ordinance is enacted pursuant
to the authority provided in and all of the provisions, terms and
conditions of Chapter 14.08 of the San Bernardino rlunicipal Code.
SECTION 3. Franchise Grant. Pursuant to the provisions 0
26 Chapter 14.08 of the San Bernardino Municipal Code, a nonexclusiv
27 franchise to construct, operate and maintain a cable television
28 system in the service area described in the franchise documents
. +li:;~~9.~
2
3
4
5
6
7
8
9
10 I
I'
]1 I
I
12 I
]3 I
14 II
]5 I,
Ii
II
16 'I
I.
II
if
17 II
18 Ii
19
20
21
22
23
24
25
26
27
28
II
"'.
.'
within the City of San Bernardino is granted to Grantee with
all the rights and privileges and subject to each and all of
the terms, conditions and limitations as set forth in the
"Franchise Documents".
SECTION 4. Rates and charges. The following schedule
of rates and charges which Grantee shall charge to subscribers
to the cable television system, which schedule of rates and charges
was included in the materials accompanying the franchise applica-
tion, is approved:
(a) Basic service, first outlet, $6.85 per month;
(b) Additional outlets, $1.50 per outlet per month;
(c) Installation charge, first outlet, $14.50;
(d) Installation charge for each additional outlet, $5.00.
SECTION 5. Franchise Payments. As consideration for the
granting of this franchise and its rights and privileges,
Grantee shall make periodic payments to the City in manner,
times, and amounts set forth in Section 14.08.110 of the San
Bernardino Hunicipal Code.
SECTION 6. Limitations. The cable television system
shall be used and operated exclusively for the purposes expressly
authorized by this ordinance and Chapter 14.08 of the San
Bernardino Municipal Code.
SECTION 7. Incorporation of Franchise Documents. All of
the franchise documents are incorporated by reference into and
made a part of this ordinance.
SECTION 8. ~~en effective. This ordinance shall become
effective thirty days after its adoption, provided that the
franchise shall not become effective unless and until Grantee
-2-
-"Mc.-';9"
1,,"',
.
~ } ., .
.0 ..
files with the City Clerk its written acceptance in the form
2 attached to this ordinance and marked Exhibit "A", makes the
3 required performance deposit to the City pursuant to San
4 Bernardino Municipal Code Section 14.08.270, files a performance
5 bond with the City Clerk pursuant to San Bernardino Municipal
6 Code Section 14.08.280, and files the policies of insurance with
7 the City Clerk pursuant to San Bernardino Municical Code Section
8 14.08.310.
9 I HEREBY CERTIFY that the foregoing ordinance was duly
10 adopted by the Mayor and Common Council of the City of San
11
Bernardino at a regular
-----.--
meeting thereof, held
12
on the_~~~day of
, 1981, by the following
,June
13 vote, to wit:
14
AYES:
Councilmen Castaneda, Reilly, Hernandez, Hudson.
15
~_____Hobbs, StricklE).r
16
NAYS:
None
17
ABSENT:
Councilmember Botts
18
19
~/kl/dil~
City Clerk
j?
" ~Ufday
20
The foregoing ordinance is hereby
21
22
of_~1!:-/
, 1981.
23
24
Approved as to form:
25
~~'<-~J1P
City torney
26
27
28
-3-
_MC~~P ;
0"
II
"
~r-
.o!
-,,,,"
ACCEPTANCE OF FRANCHISE
2 TO: The City Clerk of the City of San Bernardino, California .
3
4
Foley and Associates, Inc., accepts the franchise granted
5 by the Mayor and Common Council of the City of San Bernardino
6 by Ordinance No. ~1C-5}__entitled "Ordinance of the City of San
7 Bernardino Granting to Foley and Associates, Inc., a Nonexclusive
8 Franchise to Construct, Operate and Maintain a Cable Television
9 System Within the City of San Bernardino". Foley and Associates,
10 Inc., agrees to be bound by and to comply with and do all things
II required by the provisions of Chapter 14.08 of the San Bernardino
12 Municipal Code, as it now exists or as it may hereafter be
13
amended, City Ordinance NO._MC-59____and all of the other fran-
14
chise documents!
DATEDr-1L,-[tt J1
15
16
17
FOLEY AND ASSOCIATES, INC.
18
4 /
By , /i.--
By , ~ 7~~
Secreta rv. .
19
20
21
22
23 Approved as to form:
24
a
~~~
25
ctf:~fn~~
26
NOTE: The signatures of the persons authorized to sign
27 for the Grantee must be notarized.
28
EXHIBIT A
MC~59. '. . . ..,
. .
10
On this ;/ day of ;:XI""... , in the
year 1981, before me, -r;/V4 B ;Yo"'~,<' , a Notary Public
in and for the State 0 California, reslding therein, duly
commissioned and sworn, personally appeared ~hN R. ~~/ev
known to me to be '
, the persons who
executed the within instrument and acknowledged to me that such
be executed the same.
. ,~
.
. .
.
r' .
.
1
2
3
STATE OF CALIFORNIA )
)
COUNTY OF SAN BERNARDINO )
ACKNOWLEDGME1\IT
SS
IN WITNESS WHEREOF, I have hereunto subscribed my
11 name and affixed my official seal in the County of S'q.(/g~'''/''j'c!:,f.;,.
on the day and year in this certificate
4
5
6
7
8
9
12 first above written.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
. ......'.';J,.::.-'t!';;:Iebc<."ef'-;;tL~l!lc::n;;::;.c.:-,em~t:'1t?'!~J~. Gt~0]
~ . -
(; . OFfICLAL Sf.AL
f. . ,TINA B. JONES
, '~Q~' MOlAR\' PUBLIC CIl_ 'I
Ii ,~ FIlINCII'Al tlFl'lCl'..1N
~ '"" IlERNMOlIoO CllllHn'
e ......,~~."-_ .._ _ .! _ '.
II "'1' Wllm'~I.M~, ,.-J,..., iI:"li', .;,]U"r i'i
.-tIIl...._~WiNIi~t;.2ti-::J"'"'r.;;:.~~..:ilm.c~
(NCTARIAT, SEAr.)
My Commission expires:
.....'---,:..l='
-~ <-<-
N6tary Public and for the
State of .a1ifornia
j2AI/ '2 '~ /yg'Z;
;.